I 
110TH CONGRESS 
1ST SESSION H. R. 1739 
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 semi-
annual reports on national security letters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 28, 2007 
Ms. HARMAN introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Intel-
ligence (Permanent Select) and Financial Services, for a period to be sub-
sequently 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 re-
ports on 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-
ter Judicial and Congressional Oversight Act’’. 
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SEC. 2. FOREIGN INTELLIGENCE SURVEILLANCE COURT 
JUDGE OR UNITED STATES MAGISTRATE 
JUDGE APPROVAL OF NATIONAL SECURITY 
LETTERS. 
(a) REVIEW OF NATIONAL SECURITY LETTER RE-
QUESTS.— 
(1) IN GENERAL.—No national security letter 
shall issue unless a Foreign Intelligence Surveillance 
Court judge or a designated United States Mag-
istrate Judge finds that— 
(A) the information sought is relevant to 
an authorized investigation to protect against 
international terrorism or clandestine intel-
ligence activities; 
(B) such an investigation of a United 
States person is not conducted solely upon the 
basis of activities protected by the first amend-
ment 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 Sur-
veillance Act of 1978 (50 U.S.C. 1801)). 
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(2) ELECTRONIC
FILING.—The court estab-
lished under section 103(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1803) 
shall establish an electronic system for the submis-
sion of documents and other information relating to 
proceedings under paragraph (1) and for the 
issuance of orders relating to national security let-
ters under paragraph (1). 
(b) SENSE OF CONGRESS REGARDING CHALLENGES 
TO NONDISCLOSURE REQUIREMENTS OF NATIONAL SE-
CURITY 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 se-
curity of the United States or interfere with diplo-
matic relations; and 
(2) should be considered a rebuttable presump-
tion that such disclosure would endanger the na-
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tional security of the United States or interfere with 
diplomatic relations. 
(c) 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. 
(d) REPORT.—The Attorney General shall, semiannu-
ally, submit to the Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the House 
of Representatives and the Select Committee on Intel-
ligence 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 unclassi-
fied form; 
(2) for each of subparagraphs (A) through (E) 
of subsection (f)(3), the total number of national se-
curity 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 se-
curity letters issued during the preceding six months 
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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 se-
curity 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 sub-
section (c), including any changes to minimization 
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. 
(e) DEFINITIONS.—In this section: 
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(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 Mag-
istrate 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 let-
ters under subsection (a). 
(3) NATIONAL SECURITY LETTER.—The term 
‘‘national security letter’’ means a request for infor-
mation under— 
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(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 Re-
porting 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)). 
Æ 
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