S.Amdt. 385

1. 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 section

   In S. 990 · Engrossed Amendment House

   "(s) Competitive Selection Procedures for SBIR and STTR Programs.--All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.".

   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