THe SAFE Act. Countering the Patriot Act.

[coloradodem2005]

SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A), by inserting before the semicolon the following: `, however, if the identity is unknown, the facilities and places shall be specified'; and

(B) in subparagraph (B), by inserting before the semicolon the following: `, however, if any of the facilities or places are unknown, the identity of the target shall be specified'; and

(2) in paragraph (2)(A), by inserting before the semicolon the following: `, and, in cases where the facility or place at which the surveillance is to be directed is not known at the time the order is issued, that the surveillance be conducted only when the presence of the target at a particular facility or place has been ascertained by the person conducting the surveillance'.
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SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) APPLICATIONS FOR ORDERS- Subsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended--

(1) in paragraph (1), by striking `and' at the end;

(2) in paragraph (2), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(3) shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.'.

(b) ORDERS- Subsection (c)(1) of that section is amended by striking `finds' and all that follows and inserting `finds that--

`(A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and

`(B) the application meets the other requirements of this section.'.

(c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF RECORDS- Section 502 of that Act (50 U.S.C. 1862) is amended--

(1) in subsection (a), by striking `the Permanent' and all that follows through `the Senate' and inserting `the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate'; and

(2) in subsection (b), by striking `On a semiannual basis,' and all that follows through `a report setting forth' and inserting `The report of the Attorney General to the Committees on the Judiciary of the House of Representatives and the Senate under subsection (a) shall set forth'.
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http://thomas.loc.gov/cgi-bin/query/D?c108:42:./temp/~c108auGG0F::