Sec. 101. Privacy protections for section 215 business records orders
1,264 words·~6 min read·
/bill/113/s/1551/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 501(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(b) ) is amended— in paragraph (1)(B), by striking and at the end; in paragraph (2), by striking subparagraphs
(A)and
(B)and inserting the following: a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— 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 pertain to— a foreign power or an agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power; and a statement of proposed minimization procedures; and ; and by adding at the end the following: if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include— a statement of specific and articulable facts providing reason to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during the applicable time period will result in— endangering the life or physical safety of any person; flight from prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; interference with diplomatic relations; or otherwise seriously endangering the national security of the United States by alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; an explanation of how the harm identified under subparagraph
(A)is related to the authorized investigation to which the tangible things sought are relevant; an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (A); and the time period during which the Government believes the nondisclosure requirement should apply. . Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(c) ) is amended— in paragraph (1)— by striking subsections
(a)and (b), and inserting subsection
(a)and paragraphs
(1)and
(2)of subsection
(b)and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g), ; and by striking the last sentence and inserting the following: If the judge finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of nondisclosure, subject to the principles and procedures described in subsection (d). ; and in paragraph (2)— in subparagraph (C), by striking (d); and inserting (d), if applicable; ; in subparagraph (D), by striking and at the end; in subparagraph (E), by striking the period at the end and inserting ; and ; and by adding at the end the following: shall direct that the minimization procedures be followed. . Section 501(d) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(d) ) is amended to read as follows: No person who receives an order under subsection
(c)that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies. A person who receives an order under subsection
(c)that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to— those persons to whom disclosure is necessary in order to comply with an order under this section; an attorney in order to obtain legal advice or assistance regarding the order; or other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. A person to whom disclosure is made under subparagraph
(A)shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed. Any person who discloses to a person described in subparagraph
(A)information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. The Director of the Federal Bureau of Investigation, or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge), may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than 1 year, unless the facts justify a longer period of nondisclosure. A nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph
(4)determines that the application meets the requirements of subsection (b)(3). An application for a renewal under this subsection shall be made to— a judge of the court established under section 103(a); or a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section 103(a). . Section 501(g) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(g) ) is amended— in paragraph (1), by striking Not later than and all that follows and inserting At or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section, a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. ; and in paragraph (2)(A), by inserting acquisition and after to minimize the . Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(f)(2) ) is amended— in subparagraph (A)(i)— by striking that order and inserting such production order or any nondisclosure order imposed in connection with such production order ; and by striking the second sentence; by striking subparagraph
(C)and inserting the following new subparagraph: A judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that— there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in— endangering the life or physical safety of any person; flight from prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; interference with diplomatic relations; or otherwise seriously endangering the national security of the United States by alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; the harm identified under clause
(i)relates to the authorized investigation to which the tangible things sought are relevant; and the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i). ; and by adding at the end the following new subparagraph: If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 101
Privacy protections for section 215 business records orders
Cites 1Cited by 0 across 0 sources