I 
110TH CONGRESS 
1ST SESSION H. R. 3189 
To establish reasonable procedural protections for the use of national security 
letters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2007 
Mr. NADLER (for himself, Mr. FLAKE, Mr. DELAHUNT, Mr. PAUL, Mr. MACK, 
Mr. BOUCHER, Mr. COHEN, Mr. ELLISON, Mr. WEXLER, Ms. HARMAN, 
Mr. FARR, Ms. LINDA T. SA´NCHEZ of California, Mr. SCOTT of Virginia, 
and Ms. WASSERMAN SCHULTZ) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee 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 concerned 
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 2007’’. 
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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 
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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. 
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(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 
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under this section for not more than 180 days after 
the order is issued. 
(4) JURISDICTION.—An application for an 
order pursuant to this subsection shall be filed in 
the district court of the United States in any district 
within which the authorized investigation that is the 
basis for a request pursuant to this section is being 
conducted. 
(5) APPLICATION
CONTENTS.—An application 
for an order pursuant to this subsection must state 
specific and articulable facts giving the applicant 
reason to believe that disclosure that the Federal 
Bureau of Investigation has sought or obtained ac-
cess to information or records under this section will 
result in— 
(A) endangering the life or physical safety 
of any person; 
(B) flight from prosecution; 
(C) destruction of or tampering with evi-
dence; 
(D) intimidation of potential witnesses; or 
(E) otherwise seriously endangering the 
national security of the United States by alert-
ing a target, a target’s associates, or the for-
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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). 
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(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.— 
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(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 
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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. 
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(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 
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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-
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ing, or other proceeding unless there was no op-
portunity to make such a motion or the ag-
grieved person concerned was not aware of the 
grounds of the motion. 
(6) JUDICIAL REVIEW.— 
(A) IN GENERAL.—Whenever— 
(i) a court or other authority is noti-
fied pursuant to paragraph (3) or (4); 
(ii) a motion is made pursuant to 
paragraph (5); or 
(iii) any motion or request is made by 
an aggrieved person pursuant to any other 
statute or rule of the United States or any 
State before any court or other authority 
of the United States or any State to— 
(I) discover or obtain materials 
relating to a request issued pursuant 
to this section; or 
(II) discover, obtain, or suppress 
evidence or information obtained or 
derived from a request issued pursu-
ant to this section; 
the United States district court or, where 
the motion is made before another author-
ity, the United States district court in the 
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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 
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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 
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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. 
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(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 
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