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Constitution, Civil Rights, and Civil JusticeCommittee on Financial ServicesCommittee on the JudiciaryCrime, Terrorism and Homeland SecurityIntroducedMarch 30th, 2009
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National Security Letters Reform Act of 2009
To establish reasonable procedural protections for the use of national security letters, and for other purposes.
National Security Letters Reform Act of 2009 - Prohibits a national security letter (letter) (a request for information sought by the Federal Bureau of Investigation (FBI) in connection with a criminal investigation) from being issued unless the issuing official certifies specific facts providing reason to believe that the information or records sought pertain to a foreign power or agent thereof. Prohibits a letter from being issued in connection with an investigation of a U.S. person solely upon the basis of activities protected by the First Amendment to the Constitution. Prohibits: (1) a letter from containing unreasonable requirements or requiring privileged matter; or (2) disclosing to a person that the FBI has sought or obtained access to information under a letter for 30 days after receipt of the FBI's request for such information. Authorizes judicial review for the modification or revocation of a letter. Provides limited uses of information acquired through a letter. Allows persons against whom evidence obtained from a letter is to be used to file a motion to suppress. Provides a civil cause of action for the misuse of letters. Requires the authority to issue letters to revert, five years after the enactment of this Act, to that provided by law on October 25, 2001. Requires the Attorney General to: (1) undertake minimization and destruction procedures with respect to information acquired through letters; and (2) report semiannually on the number and use of letters. Requires the disposal of wrongly acquired information. Revises requirements relating to claims of emergency in connection with certain letters.