S.1182 - A bill to modify the Foreign Intelligence Surveillance Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures, and for other purposes.113th Congress (2013-2014)
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Shown Here: Introduced in Senate (06/18/2013)
113th CONGRESS 1st Session
S. 1182
To modify the Foreign Intelligence Surveillance Act of
1978 to require specific evidence for access to business records and other
tangible things, and provide appropriate transition procedures, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
June 18, 2013
Mr. Udall of Colorado
(for himself, Mr. Wyden,
Ms. Murkowski, Mr. Udall of New Mexico, Mr. Begich, Mr.
Merkley, and Mr. Lee)
introduced the following bill; which was read twice and referred to the
Committee on the
Judiciary
A BILL
To modify the Foreign Intelligence Surveillance Act of
1978 to require specific evidence for access to business records and other
tangible things, and provide appropriate transition procedures, 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.Specific evidence for court
orders to produce records and other items in intelligence
investigations.
(a) Factual basis
for requested order.—Section 501(b)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended to read as
follows:
“(2) shall
include—
“(A) a statement of
facts showing that there are reasonable grounds to believe that the records or
other things sought—
“(i) are relevant to
an authorized investigation (other than a threat assessment) conducted in
accordance with subsection (a)(2) to obtain foreign intelligence information
not concerning a United States person or to protect against international
terrorism or clandestine intelligence activities; and
“(ii)(I) pertain to a foreign
power or an agent of a foreign power;
“(II) are relevant to the activities of a
suspected agent of a foreign power who is the subject of such authorized
investigation; or
“(III) pertain to an individual in contact
with, or known to, a suspected agent of a foreign power; and
“(B) an enumeration of
the minimization procedures adopted by the Attorney General under subsection
(g) that are applicable to the retention and dissemination by the Federal
Bureau of Investigation of any tangible things to be made available to the
Federal Bureau of Investigation based on the order requested in such
application.”.
(b) Exception.—Notwithstanding
the amendment made by subsection (a), an order issued by a court established
under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803) for access to business records under title V of such Act (50
U.S.C. 1861 et seq.) in effect on, and issued prior to, the effective date set
out in subsection (c), shall remain in effect under the provisions of such
title V in effect on the day before such effective date, until the date of
expiration of such order. Any renewal or extension of such order shall be
subject to the provisions of such title V in effect on the date of such renewal
or extension.
(c) Effective
date.—The amendment made by subsection (a) shall take effect on
the date that is 6 months after the date of the enactment of this Act.
