S.Amdt. 331
What it does: Adds SEC. 3. SPECIFIC EVIDENCE FOR COURT ORDERS TO PRODUCE RECORDS AND OTHER ITEMS IN INTELLIGENCE INVESTIGATIONS at the end of the bill
Sen. Mark Udall (D-CO)What it changes
1 change to S. 1038 · shown in the bill's text
Adds SEC. 3. SPECIFIC EVIDENCE FOR COURT ORDERS TO PRODUCE RECORDS AND OTHER ITEMS IN INTELLIGENCE INVESTIGATIONS at the end of the bill
Adds a sectionIn S. 1038 · Introduced in Senate
(b) Intelligence Reform and Terrorism Prevention Act of 2004.-- Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is amended by striking "May 27, 2011" and inserting "June 1, 2015".
Inserted: SEC. 3. SPECIFIC EVIDENCE FOR COURT ORDERS TO PRODUCE RECORDS AND OTHER ITEMS IN INTELLIGENCE INVESTIGATIONS.
Inserted: (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:
Inserted: "(2) shall include--
Inserted: "(A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought--
Inserted: "(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
Inserted: "(ii)(I) pertain to a foreign power or an agent of a foreign power;
Inserted: "(II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or
Inserted: "(III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and
Inserted: "(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.".
Inserted: (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.
Inserted: (c) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2011.
Original wording
At the end, add the following:
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As printed
SA 331. Mr. UDALL of Colorado (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill S. 1038, to extend the expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 2015, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 3. 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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Senate amendment submitted
May 23, 2011