1. TRS Adopts Emergency Rules on Health Insurance Supplement for K-12 Employees
2. Privacy Bill Introduced in the US Senate

The Texas Retirement System (TRS) has adopted emergency rules regarding the allocation of state funding for supplemental health insurance compensation. Working to address general provisions in HB 3459 as passed by the 78th Texas Legislature, TRS adopted rules to define eligibility for this supplemental compensation. One of the changes involves limiting such compensation for "an individual serving in an administrative capacity and an individual, with the exception of an individual reported as a teacher, whose annual compensation for TRS purposes exceeds $50,000."

Along with promulgating these emergency amendments to Rule 41.42 of the Texas Insurance Code, TRS also published a formal proposal for a permanent rule change in the July 11 issue of the Texas Register. While emergency changes go into effect immediately for 120 days, comments on the making the proposed changes permanent may be submitted to Charles L. Dunlap, executive director, TRS, 1000 Red River, Austin, TX 78701.

The American Library Association has sent out the following announcement. On July 31, 2003, Senator Feingold (D-WI), joined by Senators Bingaman (D-NM), Kennedy (D-MA), Cantwell (D-WA), Durbin (D-IL), Wyden (D-OR),Corzine (D-NJ), Akaka (D-HI), and Jeffords (I-VT), introduced the Library, Bookseller, and Personal Records Privacy Act. The bill would amend the USA PATRIOT Act to protect the privacy of law-abiding Americans and set reasonable limits on the federal government's access to library, bookseller, medical, and other sensitive, personal information under the Foreign Intelligence Surveillance Act and related foreign intelligence authority.

Section 1 of The Library, Bookseller, and Personal Records Privacy Act would restore a pre-PATRIOT Act requirement that the FBI make a factual, individualized showing that the records sought pertain to a suspected terrorist or spy. Under this bill, the FBI would have to articulate specific facts giving reason to believe that the named person to whom the records pertain is a suspected terrorist. The FBI could subpoena only those library records - such as borrowing records or computer sign-in logs -- that pertain to the suspected terrorist. The FBI could not obtain library records concerning individuals who are not suspected terrorists.

Senator Feingold stated, "So, under my bill, the FBI can still obtain documents that it legitimately needs, but my bill would also protect the privacy of law-abiding Americans."

The second part of the bill would address privacy concerns with another federal law enforcement power expanded by the Patriot Act - the FBI's National Security Letter authority, or what is sometimes referred to as "administrative subpoena" authority because the FBI does not need court approval to use this power. The bill would amend section 505 of the PATRIOT Act. Part of Section 505 relates to the production of records maintained by electronic communications providers. Libraries or

bookstores with Internet access for customers could be deemed "electronic communication providers" and therefore be subject to a request by the FBI under its administrative subpoena authority.

As with the fix for Section 215, the bill would require an individualized showing by the FBI of how the records of Internet usage (including e-mail) maintained by a library or bookseller pertain to suspected terrorist or spy.

Please call your Senators and urge them to support this bill. You can contact them and learn more by using ALA's Legislative Action Center.