II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SPECIFIC EVIDENCE FOR COURT ORDERS TO 

4 PRODUCE RECORDS AND OTHER ITEMS IN IN5 TELLIGENCE INVESTIGATIONS. 

6 (a) FACTUAL BASIS FOR REQUESTED ORDER.—Sec7 tion 501(b)(2) of the Foreign Intelligence Surveillance Act 


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•S 1182 IS

1 of 1978 (50 U.S.C. 1861(b)(2)) is amended to read as 

2 follows: 

3 ‘‘(2) shall include— 

4 ‘‘(A) a statement of facts showing that 

5 there are reasonable grounds to believe that the 

6 records or other things sought— 

7 ‘‘(i) are relevant to an authorized in8 vestigation (other than a threat assess9 ment) conducted in accordance with sub10 section (a)(2) to obtain foreign intelligence 

11 information not concerning a United 

12 States person or to protect against inter13 national terrorism or clandestine intel14 ligence activities; and 

15 ‘‘(ii)(I) pertain to a foreign power or 

16 an agent of a foreign power; 

17 ‘‘(II) are relevant to the activities of 

18 a suspected agent of a foreign power who 

19 is the subject of such authorized investiga20 tion; or 

21 ‘‘(III) pertain to an individual in con22 tact with, or known to, a suspected agent 

23 of a foreign power; and 

24 ‘‘(B) an enumeration of the minimization 

25 procedures adopted by the Attorney General 


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•S 1182 IS

1 under subsection (g) that are applicable to the 

2 retention and dissemination by the Federal Bu3 reau of Investigation of any tangible things to 

4 be made available to the Federal Bureau of In5 vestigation based on the order requested in such 

6 application.’’. 

7 (b) EXCEPTION.—Notwithstanding the amendment 

8 made by subsection (a), an order issued by a court estab9 lished under section 103(a) of the Foreign Intelligence 

10 Surveillance Act of 1978 (50 U.S.C. 1803) for access to 

11 business records under title V of such Act (50 U.S.C. 

12 1861 et seq.) in effect on, and issued prior to, the effective 

13 date set out in subsection (c), shall remain in effect under 

14 the provisions of such title V in effect on the day before 

15 such effective date, until the date of expiration of such 

16 order. Any renewal or extension of such order shall be sub17 ject to the provisions of such title V in effect on the date 

18 of such renewal or extension. 

19 (c) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on the date that is 6 

21 months after the date of the enactment of this Act. 

Æ 


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