[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1182 Introduced in Senate (IS)]

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.
                                 <all>