National Security Letter Judicial and Congressional Oversight Act

National Security Letter Judicial and Congressional Oversight Act - Prohibits a national security letter from issuing unless a Foreign Intelligence Surveillance Court or a designated U.S. Magistrate Judge finds that: (1) the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities; (2) such an investigation of a U.S. person is not conducted soley upon the basis of activities protected by the first amendment to the Constitution; and (3) there are specific and articulable facts giving reason to believe that the information sought pertains to a foreign power or an agent of a foreign power.

Requires the court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish an electronic system for the submission of documents and other information relating to such proceedings, and for the issuance of orders relating to national security letters.

Expresses the sense of Congress that, in the case of a challenge to a nondisclosure requirement of a national security letter, a certification by the Attorney General or other appropriate head or deputy head of a federal department, agency, or instrumentality that disclosure of such a letter may endanger U.S. national security or interfere with diplomatic relations should not be considered conclusive evidence but only a rebuttable presumption that such disclosure would do so.

Directs the Attorney General to establish minimization and destruction procedures to ensure that information obtained pursuant to a national security letter regarding persons no longer of interest in an authorized investigation is destroyed.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4570 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4570

 To require the approval of a Foreign Intelligence Surveillance Court 
judge or designated United States Magistrate Judge for the issuance of 
 a national security letter, to require the Attorney General to submit 
    semiannual reports on national security letters, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

   Ms. Harman (for herself, Mr. Hastings of Florida, Mr. Reyes, Mr. 
   Boswell, Mr. Cramer, Ms. Eshoo, Mr. Holt, Mr. Ruppersberger, Mr. 
   Tierney, and Mr. Berman) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Select Committee on Intelligence (Permanent Select) and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require the approval of a Foreign Intelligence Surveillance Court 
judge or designated United States Magistrate Judge for the issuance of 
 a national security letter, to require the Attorney General to submit 
    semiannual reports on national security letters, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security Letter Judicial 
and Congressional Oversight Act''.

SEC. 2. FOREIGN INTELLIGENCE SURVEILLANCE COURT JUDGE OR UNITED STATES 
              MAGISTRATE JUDGE APPROVAL OF NATIONAL SECURITY LETTERS.

    (a) Review of National Security Letter Requests.--
            (1) In general.--No national security letter shall issue 
        unless a Foreign Intelligence Surveillance Court judge or a 
        designated United States Magistrate Judge finds that--
                    (A) the information sought is relevant to an 
                authorized investigation to protect against 
                international terrorism or clandestine intelligence 
                activities;
                    (B) such an investigation of a United States person 
                is not conducted solely upon the basis of activities 
                protected by the first amendment to the Constitution of 
                the United States; and
                    (C) there are specific and articulable facts giving 
                reason to believe that the information sought pertains 
                to a foreign power or an agent of a foreign power (as 
                those terms are defined in section 101 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1801)).
            (2) Electronic filing.--The court established by section 
        103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1803) shall establish an electronic system for the 
        submission of documents and other information relating to 
        proceedings under paragraph (1) and for the issuance of orders 
        relating to national security letters under paragraph (1).
    (b) Sense of Congress Regarding Challenges to Nondisclosure 
Requirements of National Security Letters.--It is the sense of Congress 
that in the case of a challenge to a nondisclosure requirement of a 
national security letter, a certification by the Attorney General or 
other appropriate head or deputy head of a department, agency, or 
instrumentality of the Federal Government that disclosure of such 
national security letter may endanger the national security of the 
United States or interfere with diplomatic relations--
            (1) should not be considered conclusive evidence that such 
        disclosure would endanger the national security of the United 
        States or interfere with diplomatic relations; and
            (2) should be considered a rebuttable presumption that such 
        disclosure would endanger the national security of the United 
        States or interfere with diplomatic relations.
    (c) Minimization Procedures.--The Attorney General shall establish 
minimization and destruction procedures to ensure that information 
obtained pursuant to a national security letter regarding persons that 
are no longer of interest in an authorized investigation is destroyed.
    (d) Report.--The Attorney General shall, semiannually, submit to 
the Permanent Select Committee on Intelligence and the Committee on the 
Judiciary of the House of Representatives and the Select Committee on 
Intelligence and the Committee on the Judiciary of the Senate a report 
containing--
            (1) the total number of national security letters issued 
        during the preceding six months, in unclassified form;
            (2) for each of subparagraphs (A) through (E) of subsection 
        (f)(3), the total number of national security letters issued 
        during the preceding six months under the authority of each 
        such subparagraph;
            (3) for each of subparagraphs (A) through (E) of subsection 
        (f)(3), the total number of national security letters issued 
        during the preceding six months under the authority of each 
        such subparagraph for United States persons;
            (4) for each of subparagraphs (A) through (E) of subsection 
        (f)(3), the total number of national security letters issued 
        during the preceding six months under the authority of each 
        such subparagraph for non-United States persons;
            (5) a description of the minimization procedures adopted by 
        the Attorney General pursuant to subsection (c), including any 
        changes to minimization procedures previously adopted by the 
        Attorney General;
            (6) a summary of the challenges made by recipients of 
        national security letters in court;
            (7) a description of the extent to which information 
        obtained with national security letters has aided 
        investigations and an explanation of how such information has 
        aided such investigations; and
            (8) a description of the extent to which information 
        obtained with national security letters has aided prosecutions 
        and an explanation of how such information has been used in or 
        aided such prosecutions.
    (e) Definitions.--In this section:
            (1) Foreign intelligence surveillance court judge.--The 
        term ``Foreign Intelligence Surveillance Court judge'' means a 
        judge of the court established by section 103(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803 (a)).
            (2) Designated united states magistrate judge.--The term 
        ``designated United States Magistrate Judge'' means, for each 
        district court of the United States, a United States Magistrate 
        Judge under chapter 43 of title 28, United States Code, who 
        is--
                    (A) the Chief United States Magistrate Judge of 
                such district court; or
                    (B) if a Chief United States Magistrate Judge has 
                not been designated in such district court, another 
                United States Magistrate Judge of such district court 
                that is publicly designated by the Chief Justice of the 
                United States to have the power to hear applications 
                and grant orders for the issuance of national security 
                letters under section 2.
            (3) National security letter.--The term ``national security 
        letter'' means a request for information under--
                    (A) section 2709(b) of title 18, United States 
                Code;
                    (B) section 1114(a)(5)(A) of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
                    (C) subsections (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
                1681u(b));
                    (D) section 627(a) of the Fair Credit Reporting Act 
                (15 U.S.C. 1681v(a)); or
                    (E) section 802(a) of the National Security Act of 
                1947 (50 U.S.C. 436(a)).
                                 <all>