II 112th CONGRESS 1st Session S. 406 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.

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.