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. NADLER 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
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This note was uploaded on 03/31/2009 for the course 0501 CrimJust taught by Professor Honeynet during the Spring '09 term at RIT.

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National Security Letter Reform Act of 2009 -...

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