I 
111TH CONGRESS 
1ST SESSION H. R. 1800 
To establish reasonable procedural protections for the use of national security 
letters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2009 
Mr. NADLER of New York (for himself, Mr. FLAKE, Mr. DELAHUNT, Mr. 
PAUL, Mr. SCOTT of Virginia, Ms. JACKSON-LEE of Texas, Mr. HOLT, 
Mrs. MALONEY, Mr. GRIJALVA, Mr. FARR, Mr. GUTIERREZ, Mr. STARK, 
Ms. WOOLSEY, Mr. CARSON
of Indiana, Ms. SHEA-PORTER, Mr. 
MCDERMOTT, Ms. LEE of California, and Mr. HINCHEY) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on 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 con-
cerned 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security Let-
ters Reform Act of 2009’’. 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
SEC. 2. NATIONAL SECURITY LETTER DEFINED. 
In this Act, the term ‘‘national security letter’’ means 
a request for information under one of the following provi-
sions of law: 
(1) Section 2709(a) of title 18, United States 
Code (to access certain communication service pro-
vider records). 
(2) Section 1114(a)(5)(A) of the Right to Fi-
nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to 
obtain financial institution customer records). 
(3) Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) (to obtain certain financial 
information and consumer reports). 
(4) Section 627 of the Fair Credit Reporting 
Act (15 U.S.C. 1681v) (to obtain credit agency con-
sumer records for counterterrorism investigations). 
SEC. 3. PROCEDURAL PROTECTIONS FOR NATIONAL SECU-
RITY LETTERS. 
(a) STANDARD.—A national security letter may not 
be issued unless the official having authority under law 
to issue such a letter certifies that there are specific and 
articulable facts giving reason to believe that the informa-
tion or records sought by that letter pertain to a foreign 
power or agent of a foreign power. 
(b) LIMITATION REGARDING FIRST AMENDMENT AC-
TIVITIES.—A national security letter may not be issued 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
in connection with an investigation of a United States per-
son solely upon the basis of activities protected by the first 
amendment to the Constitution of the United States in 
accordance with the Attorney General’s Guidelines on 
General Crimes, Racketeering Enterprise and Terrorism 
Enterprise Investigations. 
(c) OTHER LIMITATIONS.— 
(1) LETTER MAY NOT CONTAIN UNREASONABLE 
REQUIREMENTS
OR
REQUIRE
PRIVILEGED
MAT-
TER.—A national security letter may not— 
(A) contain any requirement which would 
be held to be unreasonable if contained in a 
subpoena duces tecum issued by a court of the 
United States in aid of a grand jury investiga-
tion of espionage or international terrorism; or 
(B) require the production of any docu-
mentary evidence which would be privileged 
from disclosure if demanded by a subpoena 
duces tecum issued by a court of the United 
States in aid of a grand jury investigation of es-
pionage or international terrorism. 
(2) NOTICE OF RIGHTS.—A national security 
letter shall provide notice of the recipient’s right to 
seek judicial review and explain the procedures for 
doing so. 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(d) NONDISCLOSURE.— 
(1) IN GENERAL.—No recipient, or officer, em-
ployee, or agent thereof, shall disclose to any person 
that the Federal Bureau of Investigation has sought 
or obtained access to information or records under 
a national security letter for 30 days after receipt of 
such request from the Bureau. 
(2) EXCEPTION.—A recipient, or officer, em-
ployee, or agent thereof, of a national security letter 
may disclose that the Federal Bureau of Investiga-
tion has sought or obtained access to information or 
records under this section to— 
(A) those persons to whom disclosure is 
necessary in order to comply with an order 
under this section; or 
(B) an attorney in order to obtain legal ad-
vice regarding such order. 
(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or the Director’s designee 
in a position not lower than Deputy Assistant Direc-
tor at Bureau headquarters or a Special Agent in 
Charge of a Bureau field office designated by the 
Director, may apply for an order prohibiting disclo-
sure that the Federal Bureau of Investigation has 
sought or obtained access to information or records 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
eign power of which the target is an agent, of 
the Government’s interest in the target. 
(6) STANDARD.—The court may issue an ex 
parte order in response to an application under 
paragraph (3) if the court determines that the order 
is narrowly tailored to meet a compelling interest 
and that there is reason to believe that disclosure 
that the Federal Bureau of Investigation has sought 
or obtained access to information or records under 
this section will have one of the results described in 
paragraph (5). 
(7) RENEWAL.—An order under this subsection 
may be renewed for additional periods of not more 
than 180 days upon another application meeting the 
requirements of paragraph (5) and a determination 
by the court that the standard of paragraph (6) con-
tinues to be met. 
(8) CONFORMING AMENDMENTS.— 
(A) Section 2709 of title 18, United States 
Code, is amended by striking subsection (c). 
(B) Section 1114(a)(5) of the Right to Fi-
nancial Privacy Act of 1978 (12 U.S.C. 
3414(a)(5)) is amended by striking subpara-
graph (D). 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(C) Section 626 of the Fair Credit Report-
ing Act (15 U.S.C. 1681u) is amended by strik-
ing subsection (d). 
(D) Section 627 of the Fair Credit Report-
ing Act (15 U.S.C. 1681v) is amended by strik-
ing subsection (c). 
(e) JUDICIAL REVIEW.— 
(1) PETITION.—Not later than 20 days after 
any person receives a national security, or at any 
time before the return date specified in the letter, 
whichever period is longer, such person may file, in 
the district court of the United States for the judi-
cial district within which such person resides, is 
found, or transacts business, a petition for such 
court to modify or set aside such letter. The time al-
lowed for compliance with the letter in whole or in 
part as deemed proper and ordered by the court 
shall not run while the petition is pending in the 
court. The petition shall specify each ground upon 
which the petitioner relies in seeking relief, and may 
be based upon any failure of the letter to comply 
with this section or upon any constitutional or other 
legal right or privilege of such person. 
(2) NONDISCLOSURE.— 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(A) IN GENERAL.—A person prohibited by 
law from disclosing information about the na-
tional security letter may file, in the district 
court of the United States for the judicial dis-
trict within which such person resides, is found, 
or transacts business, a petition for the court to 
set aside the nondisclosure requirement. Such 
petition shall specify each ground upon which 
the petitioner relies in seeking relief, and may 
be based upon any failure of the nondisclosure 
requirement to comply with this section or upon 
any constitutional or other legal right or privi-
lege of such person. 
(B) STANDARD.—The court shall set aside 
the nondisclosure requirement unless the court 
determines that the nondisclosure requirement 
complies with this section and does not violate 
any constitutional or other legal right or privi-
lege of such person. 
(3) DISCLOSURE OF CLASSIFIED MATERIAL.— 
In making a determination under this subsection, 
unless the court finds that such disclosure would not 
assist in determining any legal or factual issue perti-
nent to the case, the court shall disclose to the peti-
tioner, the counsel of the petitioner, or both, under 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
the procedures and standards provided in the Classi-
fied Information Procedures Act (18 U.S.C. App.), 
any classified portions of the application, order, or 
other related materials. 
(f) USE OF INFORMATION.— 
(1) IN GENERAL.— 
(A) CONSENT.—Information acquired from 
a national security letter concerning any United 
States person may be used and disclosed by 
Federal officers and employees without the con-
sent of the United States person only in accord-
ance with this subsection. 
(B) LAWFUL
PURPOSE.—No information 
acquired by a national security letter may be 
used or disclosed by Federal officers or employ-
ees except for lawful purposes. 
(2) DISCLOSURE FOR LAW ENFORCEMENT PUR-
POSES.—No information acquired by a national se-
curity letter shall be disclosed for law enforcement 
purposes unless such disclosure is accompanied by a 
statement that such information, or any information 
derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the At-
torney General. 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the 
United States against an aggrieved person any infor-
mation obtained by or derived from a national secu-
rity letter, the United States shall, before the trial, 
hearing, or other proceeding or at a reasonable time 
before an effort to so disclose or so use this informa-
tion or submit it in evidence, notify the aggrieved 
person and the court or other authority in which the 
information is to be disclosed or used that the 
United States intends to so disclose or so use such 
information. 
(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever a 
State or political subdivision of a State intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division against an aggrieved person any information 
obtained or derived from a request pursuant to this 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
section, the State or political subdivision thereof 
shall notify the aggrieved person, the court or other 
authority in which the information is to be disclosed 
or used, and the Attorney General that the State or 
political subdivision thereof intends to so disclose or 
so use such information. 
(5) MOTION TO SUPPRESS.— 
(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
a national security letter is to be, or has been, 
introduced or otherwise used or disclosed in any 
trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regu-
latory body, or other authority of the United 
States, or a State or political subdivision there-
of, may move to suppress the evidence obtained 
or derived from the request, as the case may be, 
on the grounds that— 
(i) the information was acquired in 
violation of the Constitution or laws of the 
United States; or 
(ii) the request was not in conformity 
with the requirements of this section. 
(B) TIMING.—A motion under subpara-
graph (A) shall be made before the trial, hear-
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
same district as the authority shall, not-
withstanding any other provision of law 
and if the Attorney General files an affi-
davit under oath that disclosure would 
harm the national security of the United 
States, review in camera the materials as 
may be necessary to determine whether the 
request was lawful. 
(B) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
court finds that such disclosure would not assist 
in determining any legal or factual issue perti-
nent to the case, the court shall disclose to the 
aggrieved person, the counsel of the aggrieved 
person, or both, under the procedures and 
standards provided in the Classified Informa-
tion Procedures Act (18 U.S.C. App.), any clas-
sified portions of the application, order, or 
other related materials, or evidence or informa-
tion obtained or derived from the order. 
(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.— 
(A) UNLAWFUL
ORDERS.—If the United 
States district court determines pursuant to 
paragraph (6) that the national security letter 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
was not in compliance with the Constitution or 
laws of the United States, the court may, in ac-
cordance with the requirements of law, suppress 
the evidence which was unlawfully obtained or 
derived from the request or otherwise grant the 
motion of the aggrieved person. 
(B) LAWFUL ORDERS.—If the court deter-
mines that the request was lawful, it may deny 
the motion of the aggrieved person except to 
the extent that due process requires discovery 
or disclosure. 
(8) BINDING FINAL ORDERS.—Orders granting 
motions or requests under paragraph (6), decisions 
under this section that a national security letter was 
not lawful, and orders of the United States district 
court requiring review or granting disclosure of ap-
plications, orders, or other related materials shall be 
final orders and binding upon all courts of the 
United States and the several States except a 
United States court of appeals or the Supreme 
Court. 
(g) DEFINITIONS.—In this Act and in each provision 
of law authorizing national security letters— 
(1) the term ‘‘agent of a foreign power’’ has the 
meaning given such term by section 101(b) of the 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801(b)); 
(2) the term ‘‘aggrieved person’’ means a per-
son whose name, address, length of service, or local 
or long distance toll records were sought or obtained 
under this section; and 
(3) the term ‘‘foreign power’’ has the meaning 
given such term by section 101(a) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801(a)). 
SEC. 4. CAUSE OF ACTION FOR MISUSE OF NATIONAL SECU-
RITY LETTERS. 
A person to whom records requested by a national 
security letter pertains may, in a civil action against any 
person issuing or obtaining the issuing of such letter, ob-
tain money damages equal to the greater of the actual 
damages or $50,000, if the national security letter was 
issued contrary to law or the certification on which is was 
based was without factual foundation. 
SEC. 5. SUNSET OF PATRIOT ACT CHANGES TO NATIONAL 
SECURITY LETTER AUTHORITY. 
(a) IN GENERAL.—The authority to issue national 
security letters shall revert 5 years after the date of the 
enactment of this Act to that provided by law on October 
25, 2001. 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(b) REPORT.—Not later than the date on which the 
authority to issue national security letters ceases under 
this Act, the Attorney General shall report to Congress 
on whether, and if so, how, the authority to issue national 
security letters furthered investigations as compared to al-
ternative methods for obtaining relevant information. 
SEC. 
6. 
MINIMIZATION 
PROCEDURES, 
DISPOSAL 
OF 
WRONGLY 
ACQUIRED 
INFORMATION, 
AND 
CONGRESSIONAL REPORTING. 
(a) MINIMIZATION
PROCEDURES.—The Attorney 
General shall establish minimization and destruction pro-
cedures to ensure that information obtained pursuant to 
a national security letter regarding persons that are no 
longer of interest in an authorized investigation is de-
stroyed. Such procedures shall be transmitted to the Per-
manent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives 
and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate in unclassified for-
mat within 3 months of passage, and shall include— 
(1) specific procedures, that are reasonably de-
signed in light of the purpose and technique of the 
particular surveillance, to minimize the acquisition 
and retention, and prohibit the dissemination, of 
nonpublicly 
available 
information 
concerning 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
unconsenting United States persons consistent with 
the need of the United States to obtain, produce, 
and disseminate foreign intelligence information; 
(2) procedures that provide for the destruction 
of information relating to United States persons that 
do not reflect activity that would lead a reasonable 
agent or analyst to believe that the person is an 
agent of a foreign power as defined in 50 U.S.C. 
1801(b); 
(3) procedures for identifying whether the infor-
mation returned in response to a national security 
letter exceeds the scope of the original request and 
further procedures for returning or destroying the 
superfluous information as soon as possible and be-
fore it is entered into any database or used in any 
way; and 
(4) deadlines for destruction, minimization, or 
return of information described in paragraphs (1) 
through (3), that require such destruction, mini-
mization, or return as soon as possible. 
(b) DISPOSAL OF WRONGLY ACQUIRED INFORMA-
TION.—Each authority of the Government shall have the 
duty to dispose of all private information obtained without 
legal authority under color of a national security letter. 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
procedures previously adopted by the Attorney Gen-
eral; 
(6) a summary of the challenges made by re-
cipients of national security letters in court; 
(7) a description of the extent to which infor-
mation 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 infor-
mation obtained with national security letters has 
aided prosecutions and an explanation of how such 
information has been used in or aided such prosecu-
tions. 
SEC. 7. REQUIREMENTS RELATING TO CLAIMS OF EMER-
GENCY IN CONNECTION WITH CERTAIN NA-
TIONAL SECURITY LETTERS. 
Section 2702 of title 18, United States Code, is 
amended— 
(1) in subsection (b), so that paragraph (8) 
reads as follows: 
‘‘(8) to a governmental entity, if the provider 
reasonably believes that an emergency involving im-
mediate danger of death or serious physical injury to 
any person justifies disclosure of the information;’’; 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS
(2) in subsection (c), so that paragraph (4) 
reads as follows: 
‘‘(4) to a governmental entity if the provider 
has a reasonable belief that an emergency involving 
the imminent danger of death or serious physical in-
jury to any person requires disclosure without delay 
of information relating to the emergency;’’; and 
(3) so that subsection (d) reads as follows: 
‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 
On a semiannual basis the Attorney General shall submit 
to the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report containing— 
‘‘(1) the number of accounts from which the 
Department of Justice has received voluntary disclo-
sures under subsection (b)(8), and a summary of the 
factual basis for each emergency disclosure; and 
‘‘(2) the number and type of communications 
the Department of Justice has received by voluntary 
disclosure under subsection (c)(4), and a summary 
of the factual basis for each emergency disclosure.’’. 
Æ 
VerDate Nov 24 2008 
00:19 Apr 01, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H1800.IH
H1800
SMARTINEZ on PROD1PC64 with BILLS