H.R. 1739 would require the approval of a Foreign Intelligence Surveillance Court judge or designated United States Magistrate Judge for the issuance of a national security letter, and it would require the Attorney General to submit semiannual reports on national security letters.
Detailed Summary
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.
Status of the Legislation
Latest Major Action: 4/8/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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