Bill > S1073

Introduced Session

Directs the Attorney General (AG) to establish minimization and destruction procedures governing the acquisition, retention, and dissemination of any records received by the Federal Bureau of Investigation (FBI): (1) in response to a national security letter issued under specified provisions of the federal criminal code authorizing FBI requests for telephone toll and transactional records for counterintelligence purposes, the Fair Credit Reporting Act, the Right to Financial Privacy Act of 1978, or the National Security Act of 1947; or (2) pursuant to provisions authorizing FBI requests for orders from designated judges requiring production of business records and other tangible things in investigations related to foreign intelligence and international terrorism, and requiring the AG to inform Congress of such requests, under title V of the Foreign Intelligence Surveillance Act of 1978 (FISA). Defines "minimization and destruction procedures" as: (1) specific procedures reasonably designed in light of the purpose and technique of a national security letter or a request for tangible things for an investigation to obtain foreign intelligence information, as appropriate, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting U.S. persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information, including procedures to ensure that information obtained outside the scope of such letter or request, is returned or destroyed; (2) procedures requiring that nonpublicly available information, which is not foreign intelligence information (as defined in specified FISA provisions) shall not be disseminated in a manner that identifies, without consent, any U.S. person, unless such person's identity is necessary to understand foreign intelligence information or assess its importance; and (3) notwithstanding the first two procedures, procedures allowing retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.

Committee Categories

Rand Paul (R)*, 

Read twice and referred to the Committee on the Judiciary. (on 05/25/2011)

Official Document