S.Amdt. 387

SA 387. Mr. SANDERS submitted an amendment intended to be proposed to
amendment SA 347 proposed by Mr. Reid to the bill S. 990, to provide
for an additional temporary extension of programs under the Small
Business Act and the Small Business Investment Act of 1958, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. PROTECTIONS FOR BOOKSTORES AND LIBRARIES.

(a) Exemption of Bookstores and Libraries From Orders
Requiring the Production of Any Tangible Things for Certain
Foreign Intelligence Investigations.--Section

[[Page S3457]]

501 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861) is amended by adding at the end the following
new subsection:
``(i) Prohibition on Searching for or Seizing Material From
a Bookseller or Library.--
``(1) In general.--No application may be made under this
section with either the purpose or effect of searching for,
or seizing from, a bookseller or library documentary
materials that contain personally identifiable information
concerning a patron of a bookseller or library.
``(2) Construction.--Nothing in this subsection shall be
construed as precluding a physical search for documentary
materials referred to in paragraph (1) under other provisions
of law, including under section 303.
``(3) Definitions.--In this subsection:
``(A) Bookseller.--The term `bookseller' means any person
or entity engaged in the sale, rental or delivery of books,
journals, magazines, or other similar forms of communication
in print or digitally.
``(B) Documentary materials.--The term `documentary
materials' means any document, tape or other communication
created by a bookseller or library in connection with print
or digital dissemination of a book, journal, magazine,
newspaper, or other similar form of communication, including
access to the Internet.
``(C) Library.--The term `library' has the meaning given
that term under section 213(2) of the Library Services and
Technology Act (20 U.S.C. 9122(2)) whose services include
access to the Internet, books, journals, magazines,
newspapers, or other similar forms of communication in print
or digitally to patrons for their use, review, examination or
circulation.
``(D) Patron.--The term `patron' means any purchaser,
renter, borrower, user or subscriber of goods or services
from a library or bookseller.
``(E) Personally identifiable information.--The term
`personally identifiable information' includes information
that identifies a person as having used, requested or
obtained specific reading materials or services from a
bookseller or library.''.
(b) National Security Letters.--Section 2709(f) of title
18, United States Code, is amended to read as follows:
``(f) Exception for Libraries and Booksellers.--
``(1) In general.--A library or a bookseller is not a wire
or electronic communication service provider for purposes of
this section, regardless of whether the library or bookseller
is providing electronic communication service.
``(2) Definitions.--In this subsection:
``(A) Bookseller.--The term bookseller means any person or
entity engaged in the sale, rental, or delivery of books,
journals, magazines, or other similar forms of communication
in print or digitally.
``(B) Library.--The term library has the meaning given that
term in section 213(1) of the Library Services and Technology
Act (20 U.S.C. 9122(1)).''.
______