[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1157 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1157
To amend the Foreign Intelligence Surveillance Act to exempt bookstores
and libraries from orders requiring the production of any tangible
things for certain foreign intelligence investigations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2003
Mr. Sanders (for himself, Mr. Paul, Mr. DeFazio, Mr. Blumenauer, Mr.
Owens, Ms. Lee, Mr. Farr, Mr. Towns, Mr. Grijalva, Mr. Conyers, Mr.
McDermott, Ms. Jackson-Lee of Texas, Mr. Hinchey, Mr. Olver, Ms.
Woolsey, Mr. Frank of Massachusetts, Mr. Jackson of Illinois, Mr.
McGovern, Ms. Baldwin, Ms. Waters, Mr. Ford, Mr. Lipinski, Mr. Stark,
and Mr. Udall of Colorado) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Select Committee on Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act to exempt bookstores
and libraries from orders requiring the production of any tangible
things for certain foreign intelligence investigations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Read Protection Act of
2003''.
SEC. 2. EXEMPTION OF BOOKSTORES AND LIBRARIES FROM ORDERS REQUIRING THE
PRODUCTION OF ANY TANGIBLE THINGS FOR CERTAIN FOREIGN
INTELLIGENCE INVESTIGATIONS.
Section 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:
``(f)(1) 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) 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) In this subsection:
``(A) 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) 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.
``(C) The term `patron' means any purchaser, renter,
borrower, user or subscriber of goods or services from a
library or bookseller.
``(D) 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.
``(E) 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.''.
SEC. 3. EXPANSION OF REPORTING REQUIREMENTS UNDER FISA.
Section 502 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1862) is amended by striking subsections (a) and (b) and
inserting the following:
``(a) On a semiannual basis, the Attorney General shall fully
inform the appropriate congressional committees concerning all requests
for the production of tangible things under section 501, including with
respect to the preceding 6-month period--
``(1) the total number of applications made for orders
approving requests for the production of tangible things under
section 501; and
``(2) the total number of such orders either granted,
modified, or denied.
``(b) In informing the appropriate congressional committees under
subsection (a), the Attorney General shall include the following:
``(1) A description with respect to each application for an
order requiring the production of any tangible things for the
specific purpose for such production.
``(2) An analysis of the effectiveness of each application
that was granted or modified in protecting citizens of the
United States against terrorism.
``(c) In a manner consistent with the protection of the national
security of the United States, the Attorney General shall make public
the information provided to the appropriate congressional committees
under subsection (a).
``(d) In this section, the term `appropriate congressional
committees' means--
``(1) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate; and
``(2) the Committees on the Judiciary of the House of
Representatives and the Senate.''.
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