Sec. 101. Privacy protections for business records orders
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/bill/113/s/1599/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 after the semicolon; and in paragraph (2), by striking subparagraphs
(A)and
(B)and inserting the following new subparagraphs: a statement of facts showing that there are reasonable grounds to believe that the tangible things sought— are relevant and material 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 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 paragraph: if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include— the time period during which the Government believes the nondisclosure requirement should apply; a statement of facts showing that there are reasonable grounds 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 such time period will result in— endangering the life or physical safety of any person; flight from investigation or prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; interference with diplomatic relations; 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; or otherwise seriously endangering the national security of the United States; and an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B). . 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 inserting before the semicolon , 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 new subparagraph: 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 entered 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 entered 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 to comply with the order; an attorney 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. At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause
(i)or
(iii)of subparagraph
(A)shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. 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 entered under this section or at any time after the production of tangible things under an order entered under this section, a judge may assess compliance with the minimization procedures required by such order 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)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(f)(1)(B) ) is amended by striking an order imposed under subsection
(d)and inserting a nondisclosure requirement imposed in connection with a production order . 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 time period in which such requirement is in effect will result in— endangering the life or physical safety of any person; flight from investigation or prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; interference with diplomatic relations; 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; or otherwise seriously endangering the national security of the United States; 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. . Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— by redesignating section 502 as section 503; and by inserting after section 501 the following new section: Notwithstanding any other provision of this title, the Attorney General may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if— such records— are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to— obtain foreign intelligence information not concerning a United States person; or 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; the Attorney General reasonably determines that— an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 501; and the factual basis for issuance of an order under section 501 to require the production of such records exists; a judge referred to in section 501(b)(1) is informed by the Attorney General or a designee of the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and an application in accordance with section 501 is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this section. In the absence of an order under section 501 approving the production of call detail records under subsection (a), the authority to require the production of such records shall terminate at the earlier of— when the information sought is obtained; when the application for the order is denied under section 501; or 7 days after the time of the authorization by the Attorney General. If an application for an order under section 501 for the production of call detail records required to be produced pursuant to subsection
(a)is denied, or in any other case in which the emergency production of call detail records under this section is terminated and no order under section 501 is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. The Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report. In this section, the term call detail records — means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), telephone calling card numbers, or the time or duration of a call; and does not include— the contents of any communication (as defined in section 2510(8) of title 18, United States Code); the name, address, or financial information of a subscriber or customer; or cell site location information. . The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the item relating to section 502 and inserting the following new items: 502. Emergency authority for access to call detail records. 503. Congressional oversight. . Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 50 U.S.C. 1805 note) is amended by striking sections 501, 502, and and inserting title V and section .
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