[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 317 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 317

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

                            February 8, 2005

 Mr. Feingold (for himself, Mr. Akaka, Mr. Bingaman, Ms. Cantwell, Mr. 
  Corzine, Mr. Dayton, Mr. Durbin, Mr. Jeffords, Mr. Kennedy, and Mr. 
Wyden) 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)''.
                                 <all>