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.

Read twice and referred to the Committee on the Judiciary.

Congressional Research Service

Official summary

Version 00 · Introduced in Senate · Feb 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.

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People & committees

Who introduced it

Sen. Wyden, Ron [D-OR] · D–OR

Committees

Judiciary Committee

2 cosponsorship records, including any withdrawals

Legislative record

Actions

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Feb 17, 2011
Read twice and referred to the Committee on the Judiciary.
Feb 17, 2011
Introduced in Senate

Primary sources

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Introduced in Senate · Feb 17, 2011 Formatted Text PDF Formatted XML

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze S.406 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

View full prompt & sources

Discuss S.406, 112th Congress: 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.

Official record: https://www.congress.gov/bill/112th-congress/senate-bill/406

Text version to examine: Introduced in Senate · 2011-02-17.

Official full text: https://www.congress.gov/112/bills/s406/BILLS-112s406is.htm

Imported record last updated by the source: 2026-08-10T11:54:14Z. Verify current status and distinguish any later version from the version above.

Read the official text before answering. If you cannot access it, say so and ask me to provide it; do not assume a link means you have read the document. Distinguish proposals from enacted law, cite sources, and separate facts, interpretation, and uncertain predictions. Include counterarguments even when using a particular perspective.

Analyze S.406 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

Fairness and public impact

Progressive lens

Examine S.406 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

View full prompt & sources

Discuss S.406, 112th Congress: 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.

Official record: https://www.congress.gov/bill/112th-congress/senate-bill/406

Text version to examine: Introduced in Senate · 2011-02-17.

Official full text: https://www.congress.gov/112/bills/s406/BILLS-112s406is.htm

Imported record last updated by the source: 2026-08-10T11:54:14Z. Verify current status and distinguish any later version from the version above.

Read the official text before answering. If you cannot access it, say so and ask me to provide it; do not assume a link means you have read the document. Distinguish proposals from enacted law, cite sources, and separate facts, interpretation, and uncertain predictions. Include counterarguments even when using a particular perspective.

Examine S.406 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

Institutions and government scope

Conservative lens

Examine S.406 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

View full prompt & sources

Discuss S.406, 112th Congress: 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.

Official record: https://www.congress.gov/bill/112th-congress/senate-bill/406

Text version to examine: Introduced in Senate · 2011-02-17.

Official full text: https://www.congress.gov/112/bills/s406/BILLS-112s406is.htm

Imported record last updated by the source: 2026-08-10T11:54:14Z. Verify current status and distinguish any later version from the version above.

Read the official text before answering. If you cannot access it, say so and ask me to provide it; do not assume a link means you have read the document. Distinguish proposals from enacted law, cite sources, and separate facts, interpretation, and uncertain predictions. Include counterarguments even when using a particular perspective.

Examine S.406 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

Individual rights and government power

Liberty lens

Examine S.406 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

View full prompt & sources

Discuss S.406, 112th Congress: 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.

Official record: https://www.congress.gov/bill/112th-congress/senate-bill/406

Text version to examine: Introduced in Senate · 2011-02-17.

Official full text: https://www.congress.gov/112/bills/s406/BILLS-112s406is.htm

Imported record last updated by the source: 2026-08-10T11:54:14Z. Verify current status and distinguish any later version from the version above.

Read the official text before answering. If you cannot access it, say so and ask me to provide it; do not assume a link means you have read the document. Distinguish proposals from enacted law, cite sources, and separate facts, interpretation, and uncertain predictions. Include counterarguments even when using a particular perspective.

Examine S.406 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.