Text: H.R.1157 — 109th Congress (2005-2006)

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Introduced in House (03/08/2005)


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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 1157 Introduced in House (IH)]






109th 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 8, 2005

  Mr. Sanders (for himself, Mr. Otter, Ms. Jackson-Lee of Texas, Mr. 
Udall of New Mexico, Ms. Woolsey, Mr. Van Hollen, Mr. Holt, Ms. Watson, 
 Ms. Lee, Mr. Inslee, Mr. Farr, Mr. Meehan, Mrs. Maloney, Mr. Moran of 
   Virginia, Mr. Delahunt, Mr. Olver, Mr. Abercrombie, Mr. Moore of 
Kansas, Mr. Blumenauer, Mrs. Lowey, Mr. Markey, Mr. Kind, Mr. Serrano, 
  Mr. McDermott, Mr. Owens, Mr. Brown of Ohio, Mr. Grijalva, Mr. Gene 
Green of Texas, Mr. Costello, Mr. Hinchey, Mr. Filner, Ms. Schakowsky, 
 Mr. Neal of Massachusetts, Ms. Waters, Ms. McCollum of Minnesota, Mr. 
   Frank of Massachusetts, Ms. Slaughter, Mr. Paul, Ms. Baldwin, Mr. 
 Wexler, Mr. Stark, Mr. Udall of Colorado, Ms. Solis, Mr. McNulty, Ms. 
  DeLauro, Ms. Zoe Lofgren of California, Mr. Capuano, Mr. Clay, Ms. 
 Eshoo, Mr. Conyers, Ms. Carson, Mr. Kucinich, Mr. Allen, Mr. Lantos, 
  Mr. Price of North Carolina, Mr. Waxman, Mr. Larson of Connecticut, 
  Mrs. Tauscher, Mr. Engel, Mr. Doggett, Mr. Pallone, Mrs. Capps, Mr. 
Davis of Illinois, Mr. Boucher, Mr. Etheridge, Mr. Wynn, Mrs. Davis of 
   California, Mr. Honda, Mr. Gutierrez, Mr. DeFazio, Mr. Larsen of 
Washington, Mr. Peterson of Minnesota, Mr. Payne, Mr. Pastor, Mr. Sabo, 
Mr. Taylor of Mississippi, Mr. Stupak, Mrs. Jones of Ohio, Mr. Kennedy 
 of Rhode Island, Mr. Rothman, Ms. Norton, Mr. Brady of Pennsylvania, 
 Mr. Pascrell, Mrs. McCarthy, Mr. Rush, Mr. Young of Alaska, Mr. Case, 
     Mr. Jackson of Illinois, Mr. Clyburn, Ms. Linda T. Sanchez of 
California, Mr. Dingell, Mr. Davis of Florida, Mr. Bishop of New York, 
 Mr. Oberstar, Mr. Cummings, Mr. Weiner, Mr. Hastings of Florida, Mr. 
McGovern, Mr. George Miller of California, Mr. Visclosky, Mr. Tierney, 
  Mr. Nadler, Mr. Israel, Mr. Emanuel, Mr. Jefferson, Mr. Kildee, Ms. 
    Eddie Bernice Johnson of Texas, and Ms. Kaptur) 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 
2005''.

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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