[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 406 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 406

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

                           February 17, 2011

   Mr. Wyden 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, September 30, 2011, shall 
remain in effect under the provisions of such title V in effect on 
September 29, 2011, 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 September 30, 2011.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 30, 2011.
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