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National Security Letters — Part 1
Page 58
58 / 1188
To: Al? Divisions From: Office cf the General Counsel
Re; 319X-HO~A1487720~0GC, 04/07/2006
«Challenging the non- _| + Not less than | year after the order, the reciprent may move to
disclosure provision: modify or set aside the nondisclosure order.
. * FISC may grant such a motion only if there is no reason to
believe that disclosure may endanger the national security of the
U.S., interfere with a criminal, counterterrorism, or
counterintelligence investigation, interfere with diplomatic
relations, or endanger the life or physical safety of any person.
* The FISC will treat as conclusive a certification by the
Attomey General, Deputy Attorney General, an Assistant
Attomey General, or the Director of the FBI that a disclosure
may endanger the national security of the US. or interfere with
diplomatic relations. a
* Filings shall be under seal
*Chief Justice of the U.S., in consultation with the AG and the
DNI, will establish security measures.
Minimization Procedures | Within 180 days of enactment, the Attorney General shall adopt
for FISA Business specific minimization procedures governing the retention and
Records: ' . | dissemination of FISA Business Record information.
*U.S. Person information: | The minimization procedures should minimize the retention, and
” ~ 1 prohibit the dissemination, of nonpublicly available information
conceming unconsenting U.S. persons consistent with the U.S.
intelligence community need to obtain, produce and disseminate
foreign intelligence information.
+ Evidence of a crime: 1 The procedures should allow for the retention and dissemination
St of information that is evidence of a crime.
Procedural Changes Related to Congressional Oversight of FISA Business
Records: The new law beefs up the Congressional reporting requirements for the FISA Business
Record authority. OIPR will have the responsibility for reporting the FISA Business Record
statistics to Congress.
Reporting Cycle: Attorney General will report on an annual basis (April of each
year}.
Congressional... _ | *House Permanent Select Committee on Intelligence
Committees: | ae *House Judiciary Committee
. ‘Senate Select Committee on Intelligence
*Senate Judiciary Committee
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