108th CONGRESS
1st Session

ATTACHMENT 1 TO AS-2629-03/FGA

AS-2629-03/FGA

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.'.


S.436

To amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 25, 2003

Mr. LEAHY (for himself, Mr. GRASSLEY, and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, 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 'Domestic Surveillance Oversight Act of 2003'.

SEC. 2. IMPROVEMENTS TO FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) RULES AND PROCEDURES FOR FISA COURTS- Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection:

'(e)(1) The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this Act.

'(2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:

'(A) All of the judges on the court established pursuant to subsection (a).

'(B) All of the judges on the court of review established pursuant to subsection (b).

'(C) The Chief Justice of the United States.

'(D) The Committee on the Judiciary of the Senate.

'(E) The Select Committee on Intelligence of the Senate.

'(F) The Committee on the Judiciary of the House of Representatives.

'(G) The Permanent Select Committee on Intelligence of the House of Representatives.'.

(b) REPORTING REQUIREMENTS- (1) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended-

(A) by redesignating title VI as title VII, and section 601 as section 701, respectively; and

(B) by inserting after title V the following new title:

'TITLE VI--PUBLIC REPORTING REQUIREMENT

'PUBLIC REPORT OF THE ATTORNEY GENERAL

'SEC. 601. In addition to the reports required by sections 107, 108, 306, 406, and 502, in April of each year, the Attorney General shall issue a public report setting forth with respect to the preceding calendar year-

'(1) the aggregate number of United States persons targeted for orders issued under this Act, including those targeted for-

'(A) electronic surveillance under section 105;

'(B) physical searches under section 304;

'(C) pen registers under section 402; and

'(D) access to records under section 501;

'(2) the number of times that the Attorney General has authorized that information obtained under such sections or any information derived therefrom may be used in a criminal proceeding;

'(3) the number of times that a statement was completed pursuant to section 106(b), 305(c), or 405(b) to accompany a disclosure of information acquired under this Act for law enforcement purposes; and

'(4) in a manner consistent with the protection of the national security of the United States-

'(A) the portions of the documents and applications filed with the courts established under section 103 that include significant construction or interpretation of the provisions of this Act or any provision of the United States Constitution, not including the facts of any particular matter, which may be redacted;

'(B) the portions of the opinions and orders of the courts established under section 103 that include significant construction or interpretation of the provisions of this Act or any provision of the United States Constitution, not including the facts of any particular matter, which may be redacted; and

'(C) in the first report submitted under this section, the matters specified in subparagraphs (A) and (B) for all documents and applications filed with the courts established under section 103, and all otherwise unpublished opinions and orders of that court, for the 4 years before the preceding calendar year in addition to that year.'.

(2) The table of contents for that Act is amended by striking the items for title VI and inserting the following new items:

'TITLE VI--PUBLIC REPORTING REQUIREMENT

'Sec. 601. Public report of the Attorney General.

'TITLE VII--EFFECTIVE DATE

'Sec. 701. Effective date.'.

SEC. 3. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL OVERSIGHT OF SURVEILLANCE ACTIVITIES.

(a) TITLE 18, UNITED STATES CODE- Section 2709(e) of title 18, United States Code, is amended by adding at the end the following new sentence: 'The information shall include a separate statement of all such requests made of institutions operating as public libraries or serving as libraries of secondary schools or institutions of higher education.'.

(b) RIGHT TO FINANCIAL PRIVACY ACT OF 1978- Section 11 14(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is amended to read as follows:

'(C)(i) On a semiannual basis the Attorney General shall fully inform the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate concerning all requests made pursuant to this paragraph.

'(ii) In the case of the semiannual reports required to be submitted under clause (i) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947.

'(iii) In this subparagraph, the term 'congressional intelligence committees' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401 a).'.

(c) FAIR CREDIT REPORTING ACT- Section 625(h)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended by section 811(b)(8)(B) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306), is further amended-

(1) by striking 'and the Committee on Banking, Finance and Urban Affairs of the House of Representatives' and inserting ', the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives'; and

(2) by striking 'and the Committee on Banking, Housing, and Urban Affairs of the Senate' and inserting', the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate'.



 
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