S.406 - A bill to modify the Foreign Intelligence Surveillance Act of 1978 to require specific evidence for access to business records and other tangible things, and provide appropriate transition procedures, and for other purposes.112th Congress (2011-2012)
Summary: S.406 — 112th Congress (2011-2012)
Introduced in Senate (02/17/2011)
Amends the Foreign Intelligence Surveillance Act of 1978 to require the Director of the Federal Bureau of Investigation (FBI), in an application for a court order requesting access to business records and other tangible evidence in connection with a foreign intelligence investigation, to include a statement that the information sought is relevant to an authorized investigation to obtain information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities and either: (1) pertains to a foreign power or agent of a foreign power, (2) is relevant to the activities of a suspected agent of a foreign power who is the subject of the investigation, or (3) pertains to an individual in contact with, or known to, a suspected agent of a foreign power. Requires such statement to enumerate the minimization (protection) procedures adopted by the Attorney General applicable to FBI retention and dissemination of any information made available.
Excepts from such requirements any court order issued prior to September 30, 2011.