(1) Although the Senate bill is more detailed, they address many of the same issues, most of which relateto the USA PATRIOT Act -- roving Foreign Intelligence Surveillance Act (FISA) wiretaps, delayednotification of "sneak and peek" search warrants, library and similar exemptions from FISA tangibleitem orders and communications related to national security letters, the definition of "domesticterrorism," and expansion of the sunset provisions of the USA PATRIOT Act. Limitations on Delayed Notice Search Warrants. Amend. Reports. Both bills restrict the temporary FISA tangible things access orders to instances where thereare specific and articulable reasons to believe that the records pertain to a foreign power or one ormore of its agents, proposed 50 U.S.C. The Senate bill alone provides that the ordermay be no more sweeping than a grand jury subpoena duces tecum issued in the context of anespionage or international terrorism investigation ( i.e. TheSenate bill adds: (1) exceptions and 180 day time limits to the nondisclosure feature (with thepossibility of 180 day extensions), (2) a procedure to allow a recipient to quash or modify an order,and (3) use provisions comparable to those that apply to the use of information generated by FISAsurveillance and physical search orders, proposed 50 U.S.C. H.R. Section 505 of the USA PATRIOT Act amended three of the four provisions (18 U.S.C.2709, 12 U.S.C. 1526. H.R. 1681u) to the list of USA PATRIOT Actprovisions that expire on December 31, 2005. S. 737. Within each of the national security letter statutes, it:
- reestablishes the demand that the information sought be based on specific and articulablefacts that suggest that the information sought pertains to a foreign power or one or more ofits agents;
- sets a 90 day time limit for the gag orders based on exigent circumstances (with thepossibility of 180 day extensions available from the court on the same basis);
- permits recipients to challenge both the request and gag orders in court;
- holds the letters to same standards that apply to grand jury subpoenas duces tecum issuedin espionage or international terrorism cases ( i.e. H.R. (S. 737 only) Privacy Protections for Pen Registers and Trap and Trace Devices. 1526. C. S. 737. (H.R. Section 224 of the USAPATRIOT Act creates an expiration date (December 31, 2005) for the sections found in Title II ofthe Act, but exempts from termination several including sections 213 (delayed notification of theexecution of search warrant (sneak and peek warrants)), 216 (use of trap and trace devices and penregisters for law enforcement purpose), 219 (nation-wide service of terrorism search warrants). (S. 737 only) Public Reporting of the Foreign Intelligence Surveillance Act of 1978. -- As used in this section .
Two SAFE Acts, S. 737 and H.R. 1526 address some of the issuesraised by the USA PATRIOT Act. They amend the Foreign Intelligence Surveillance Act (FISA)to require that FISA surveillance orders particularly identify either the target or the facilities or placestargeted. They limit delayed notification of sneak and peek searches to cases involving exigentcircumstances (injury, flight, destruction of evidence, witness intimidation risks) and cap the extentof permissible delay. Both bills restrict FISA access orders to instances where there are specific andarticulable reasons to believe that the records pertain to a foreign power or one or more of its agents.
S. 737 alone provides that the order may be no more sweeping than a grand jurysubpoena duces tecum issued in the context of an espionage or international terrorism investigation. It also adds: exceptions and time limits to the nondisclosure feature, a procedure to allow a recipientto quash or modify an order, and use provisions comparable to those that apply to the use ofinformation generated by FISA surveillance and physical search orders. H.R. 1526 exempts libraries from the national security letter (nsl) coverage of 18 U.S.C. 2709, and adds section505 of the USA PATRIOT Act to the list of provisions that expire on December 31, 2005. S. 737 rewrites each of the four nsl statutes with enhanced standards, time limits, gagorder restrictions, scope, and suppression features.
Both bills incorporate the definition of federal crimes of terrorism into the definition ofdomestic terrorism.
S. 737 expands the safeguards associated with the court approved use of penregisters and trap and trace devices. H.R. 1526 adds four sections to the inventory ofexpiring USA PATRIOT Act sections (213 (delayed notice of sneak and peek searches), 216 (trapand trace devices and pen registers for law enforcement purpose), 219 (boundless service ofterrorism search warrants), and 505 (national security letters)). S. 737 amends FISA torequire more extensive public reports concerning its use.
This report appears in abridged form as CRS Report RS22140 , The SAFE Acts of 2005: H.R.1526 and S. 737 -- A Sketch .