[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1507
To protect privacy by limiting the access of the Government to library,
bookseller, and other personal records for foreign intelligence and
counterintelligence purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Feingold (for himself, Mr. Bingaman, Mr. Kennedy, Ms. Cantwell, Mr.
Durbin, Mr. Wyden, Mr. Corzine, Mr. Akaka, and Mr. Jeffords) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To protect privacy by limiting the access of the Government to library,
bookseller, and other personal records for foreign intelligence and
counterintelligence 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 ``Library, Bookseller, and Personal
Records Privacy Act''.
SEC. 2. PRIVACY PROTECTIONS ON GOVERNMENT ACCESS TO 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''.
SEC. 3. PRIVACY PROTECTIONS ON GOVERNMENT ACCESS TO INFORMATION ON
COMPUTER USERS AT BOOKSELLERS AND LIBRARIES UNDER
NATIONAL SECURITY AUTHORITY.
(a) In General.--Section 2709 of title 18, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Records of Booksellers and Libraries.--(1) When a request
under this section is made to a bookseller or library, the
certification required by subsection (b) shall also specify that there
are specific and articulable facts giving reason to believe that the
person or entity to whom the records pertain is a foreign power or an
agent of a foreign power.
``(2) In this subsection:
``(A) The term `bookseller' means a 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' means a library (as that term is
defined in 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 terms `foreign power' and `agent of a foreign
power' have the meaning given such terms in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).''.
(b) Sunset of Certain Modifications on Access.--Section 224(a) of
the USA PATRIOT ACT of 2001 (Public Law 107-56; 115 Stat. 295) is
amended by inserting ``and section 505'' after ``by those sections)''.
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