Sec. 6. Limitations on national security letters
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The term FISA Court means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ). The term minimization procedures has the meaning given that term in section 501(g)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(g)(2) ). The term national security letter means a request for information under— section 2709 of title 18, United States Code (to access certain communication service provider records); section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) (to obtain financial institution customer records); section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) (to obtain financial information, records, and consumer reports); section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) (to obtain certain financial information and consumer reports); or section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) (to obtain certain consumer reports).
The term United States person has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(i) ). Except as provided in subsection (c), no officer or employee of the United States may issue a national security letter unless the FISA Court, a United States district court, or a United States Magistrate judge issues an order approving an application for the national security letter. The FISA Court, a United States district court, or a United States Magistrate judge may not issue an order approving an application for a national security letter unless such court or judge finds that— there are specific and articulable facts giving reason to believe that the information sought by the national security letter is relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities; the national security letter is reasonable in scope, focus, and breadth; and 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.
An order approving an application for a national security letter issued under this subsection shall set out the minimization procedures that apply to the national security letter. A national security letter may contain nondisclosure requirements only if the FISA Court, a United States district court, or a United States Magistrate judge finds that there are reasonable grounds, relevant to the authorized investigation concerned, to believe that a violation of the nondisclosure requirements would— significantly threaten national security; interfere with an ongoing investigation; endanger the life or physical safety of any person; or impair diplomatic relations.
Except as provided in paragraph (2), the requirement for an order approving an application for a national security letter under subsection
(b)shall not apply if the Attorney General— reasonably determines that the factual basis for the issuance of the national security letter exists; reasonably determines that an emergency situation exists with respect to the issuance of a national security letter before an order approving an application for the national security letter can with due diligence be obtained; informs, either personally or through a designee, the FISA Court, a United States district court, or a United States Magistrate judge of the decision to issue the national security letter at the time the decision is made; and makes an application for approval of the issuance of the national security letter to the FISA Court, a United States district court, or a United States Magistrate judge in accordance with subsection
(b)as soon as practicable, but not later than 7 days after the Attorney General decides to issue the national security letter. Any national security letter issued pursuant to this subsection shall comply with and include applicable minimization procedures. A national security letter issued pursuant to this subsection, and any nondisclosure requirements included in the national security letter, shall terminate upon the earlier of the following: When information sought by the national security letter is obtained. In the event an application for approval of the issuance of the national security letter described in paragraph (1)(D) is made, when the application is denied. The date that is seven days after the date of the decision of the Attorney General to issue the national security letter. The Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each year a report on the national security letters issued pursuant to this subsection during the preceding year, including a statement of the number of national security letters so issued during such year. A recipient of a national security letter containing nondisclosure requirements may disclose receipt of the national security letter to persons necessary to comply with the national security letter or an attorney to obtain legal advice or legal assistance with respect to the national security letter. A recipient disclosing receipt of a national security letter to persons or an attorney pursuant to subparagraph
(A)shall inform such persons or attorney of the nondisclosure requirements contained in the national security letter. Any person or attorney who receives a disclosure under subparagraph
(A)shall be subject to the nondisclosure requirements contained in the national security letter concerned. Except as provided in section 3511(b) of title 18, United States Code (as amended by subparagraph (B)), nondisclosure requirements contained in a national security letter following judicial approval in accordance with subsection (b)(4) shall be effective for not more than 60 days from the date of the issuance of the national security letter. In the case of a national security letter issued in accordance with subsection
(b)after application described in subsection (c)(1)(D), the date of the issuance of the national security letter in accordance with subsection
(b)shall be treated as the date of the issuance of the national security letter for purposes of this subparagraph. Subsection
(b)of section 3511 of title 18, United States Code, is amended to read as follows: Upon the expiration pursuant to section 6(d)(2)(A) of the Civil Liberties Protection Act of the initial period of effectiveness of nondisclosure requirements imposed in connection with a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or 627(a) of the Fair Credit Reporting Act, section 1154(a)(5)(A) of the Right to Financial Privacy Act or section 802(a) of the National Security Act of 1947, the Attorney General may petition the United States district court for the district in which the recipient of the request does business or resides for an extension of the period of effectiveness of the nondisclosure requirements for not more than 180 days. Upon petition by the Attorney General pursuant to paragraph (1), the court may grant an extension of the period of effectiveness of nondisclosure requirements described in that paragraph for not more than 180 days if the court finds that there are reasonable grounds, relevant to the authorized investigation to protect against international terrorism or clandestine intelligence activities concerned, to believe that a violation of the nondisclosure requirements would— significantly threaten national security; interfere with an ongoing investigation; endanger the life or physical safety of any person; or impair diplomatic relations. Any extension of the period of effectiveness of nondisclosure requirements under paragraph
(2)may be extended for additional periods of not more than 180 days each in accordance with the provisions of this subsection. The Attorney General shall notify the recipient of a request described in paragraph
(1)that contains nondisclosure requirements of each petition for the extension of the period of effectiveness of such nondisclosure requirements that is filed by the Attorney General under this subsection. . No information acquired pursuant to a national security letter concerning a United States person may be used in violation of the minimization procedures adopted pursuant to subsection (b)(3) or required pursuant to subsection (c)(2), as applicable. In the case of a national security letter issued pursuant to subsection (c), if the application for approval of issuance described in paragraph (1)(D) of that subsection is denied or if the production of information is terminated without the issuance of an order of approval, no information obtained or evidence derived from the national security letter shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or any authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by any officer or employee of the United States without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. The Attorney General shall assess and ensure compliance with the limitations in subparagraph (A). No otherwise privileged information acquired pursuant to a national security letter shall lose its privileged character. No information acquired pursuant to a national security letter may be used or disclosed by officers or employees of the United States except for lawful purposes.
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Sec. 6
Limitations on national security letters
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