S 1073

112th CONGRESS
1st Session

S. 1073

To require the Attorney General to establish minimization and destruction procedures governing the acquisition, retention, and dissemination by the Federal Bureau of Investigation of certain records.\

IN THE SENATE OF THE UNITED STATES

May 25, 2011

Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To require the Attorney General to establish minimization and destruction procedures governing the acquisition, retention, and dissemination by the Federal Bureau of Investigation of certain records.

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

SECTION 1. MINIMIZATION PROCEDURES.

    (a) In General- Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish minimization and destruction procedures governing the acquisition, retention, and dissemination by the Federal Bureau of Investigation of any records received by the Federal Bureau of Investigation--

      (1) in response to a National Security Letter issued under section 2709 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)); or

      (2) pursuant to title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

    (b) Minimization and Destruction Procedures Defined- In this section, the term `minimization and destruction procedures' means--

      (1) specific procedures that are 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 United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information, including procedures to ensure that information obtained that is outside the scope of such National Security Letter or request, is returned or destroyed;

      (2) procedures that require that nonpublicly available information, which is not foreign intelligence information (as defined in section 101(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be disseminated in a manner that identifies any United States person, without the consent of the United States person, unless the identity of the United States person is necessary to understand foreign intelligence information or assess its importance; and

      (3) notwithstanding paragraphs (1) and (2), procedures that allow for the 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.

END