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.
`(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.'.
END
