Congressional Research Service ˜ The Library of Congress
CRS Report for Congress
Received through the CRS Web
Order Code RS22140
May 9, 2005
The SAFE Acts of 2005:
H.R. 1526 and S. 737 — A Sketch
Charles Doyle
Senior Specialist
American Law Division
Summary
Somewhat different SAFE Acts have been introduced in both the House and
Senate: S. 737, the Security and Freedom Enhancement Act of 2005 (introduced by
Senator Craig) and H.R. 1526, the Security and Freedom Ensured Act of 2005
(introduced by Representative Otter). Although the Senate bill is more detailed, they
address many of the same issues, most of which relate to the USA PATRIOT Act —
roving Foreign Intelligence Surveillance Act (FISA) wiretaps, delayed notification of
“sneak and peek” search warrants, library and similar exemptions from FISA tangible
item orders and communications related to national security letters, the definition of
“domestic terrorism,” and expansion of the sunset provisions of the USA PATRIOT
Act.
This report is an abridged version — without footnotes and citations — of CRS
Report RL32907, Security and Freedom Ensured Act of 2005 (SAFE Act)(H.R. 1526)
and Security and Freedom Enhancement Act of 2005 (SAFE Act)(S. 737): Section by
Section Analysis.
Section 1. Short Title: Section 1 of the bills contains their short titles, the “Security and
Freedom Ensured Act of 2005 (SAFE) Act” in the case of H.R. 1526; and “Security and
Freedom Enhancement Act of 2005” or “SAFE Act” in the case of S. 737.
Section 2. Limitation on Roving Wiretaps Under Foreign Intelligence Surveillance Act
of 1978: The Foreign Intelligence Surveillance Act (FISA) permits federal judges assigned
to serve on the Foreign Intelligence Surveillance Court to issue orders authorizing, for
foreign intelligence gathering purposes, electronic surveillance; physical searches; the use
of trap and trace devices and pen registers; and access to tangible items.
Subsection 1805(c) of FISA describes the specifications and directions for FISA
electronic surveillance orders. Before 9/11, FISA electronic surveillance orders specified
(1) the identity, if known, or the description of the target of the surveillance, (2) the nature
and location of the facilities or places at which the surveillance was directed, and (3) if
