[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1073 Introduced in Senate (IS)]

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.
                                 <all>