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To: All Bivisions Re: Special Categories of Tangible Things + Special Categories: + Approval Level for special categories: « Congressional Oversight of special categories: = | FISA Business Record _ Standard- Relevance: | * Presumptive Relevance Test: FISA Business Record _ Order: oo 7 319X-HO-A1487720-O6C, Office of the General Counsel 04/07/2006 From: Congress designated particular categories of records for special] procedures and approvals. The FBI will adjust procedures to account for the special designation. Library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, and medical record containing information that would identify a person. The Director of the FBI may delegate the authority to either — »* the Deputy Director of the FBI; or * the Executive Assistant Director (EAD) for National Security (or any successor position). No further delegation is allowed. Attomey General must provide annual report (April) to the House Judiciary Committee (J4JC), the House Permanent Select Committee on Intelligence (HPSCI), the Senate Judiciary Committee (SJC), and the Senate Select Committee on Intelligence (SSCI). te Number of FISA business record orders granted, modified, or denied for the special categories of tangible things. The FBI’s facts must show that there are “reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation.” The tangible things are presumptively relevant if the facts show ] they pertain to -— “(i) a foreign power or an agent of a foreign power, (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent - | of a foreign power who is the subject of such authorized investigations...” * The order must describe the tangible things with sufficient particularity to permit them to be fairly identified. * Date for return - the order will contain a date on which the tangible things must be provided. » Recipient must have a reasonable period of time to produce. * The Order may only require production of tangible things that would be available with a grand jury subpoena or a District | Court order (in other words, privileges under the law will apply to Business Record orders).