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National Security Letter Reform Act of 2009

National Security Letter Reform Act of 2009 -...

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[110H3189] ..................................................................... (Original Signature of Member) 111 TH CONGRESS 1 ST S ESSION H. R. ll To establish reasonable procedural protections for the use of national security letters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. N ADLER of New York introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To establish reasonable procedural protections for the use of national security letters, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Security Let- 4 ters Reform Act of 2009’’. 5 SEC. 2. NATIONAL SECURITY LETTER DEFINED. 6 In this Act, the term ‘‘national security letter’’ means 7 a request for information under one of the following provi- 8 sions of law: 9 VerDate 0ct 09 2002 10:07 Mar 06, 2009 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\TEMP\NADLER~3.XML HOLCPC March 6, 2009 (10:07 a.m.) F:\M11\NADLER\NADLER_010.XML f:\VHLC\030609\030609.018.xml (426360|1)
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2 (1) Section 2709(a) of title 18, United States 1 Code (to access certain communication service pro- 2 vider records). 3 (2) Section 1114(a)(5)(A) of the Right to Fi- 4 nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to 5 obtain financial institution customer records). 6 (3) Section 626 of the Fair Credit Reporting 7 Act (15 U.S.C. 1681u) (to obtain certain financial 8 information and consumer reports). 9 (4) Section 627 of the Fair Credit Reporting 10 Act (15 U.S.C. 1681v) (to obtain credit agency con- 11 sumer records for counterterrorism investigations). 12 SEC. 3. PROCEDURAL PROTECTIONS FOR NATIONAL SECU- 13 RITY LETTERS. 14 (a) S TANDARD .—A national security letter may not 15 be issued unless the official having authority under law 16 to issue such a letter certifies that there are specific and 17 articulable facts giving reason to believe that the informa- 18 tion or records sought by that letter pertain to a foreign 19 power or agent of a foreign power. 20 (b) L IMITATION R EGARDING F IRST A MENDMENT A C - 21 TIVITIES .—A national security letter may not be issued 22 in connection with an investigation of a United States per- 23 son solely upon the basis of activities protected by the first 24 amendment to the Constitution of the United States in 25 VerDate 0ct 09 2002 10:07 Mar 06, 2009 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\TEMP\NADLER~3.XML HOLCPC March 6, 2009 (10:07 a.m.) F:\M11\NADLER\NADLER_010.XML f:\VHLC\030609\030609.018.xml (426360|1)
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3 accordance with the Attorney General’s Guidelines on 1 General Crimes, Racketeering Enterprise and Terrorism 2 Enterprise Investigations. 3 (c) O THER L IMITATIONS .— 4 (1) L ETTER MAY NOT CONTAIN UNREASONABLE 5 REQUIREMENTS OR REQUIRE PRIVILEGED MAT - 6 TER .—A national security letter may not— 7 (A) contain any requirement which would 8 be held to be unreasonable if contained in a 9 subpoena duces tecum issued by a court of the 10 United States in aid of a grand jury investiga- 11 tion of espionage or international terrorism; or 12 (B) require the production of any docu- 13 mentary evidence which would be privileged 14 from disclosure if demanded by a subpoena 15
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