December 17, 2005

HOUSE INTEL DEMOCRATS INTRODUCE BILL
TO ADDRESS PROBLEMS WITH NSLs

~ Incorporates checks and balances on the front- and back-end of the process ~

WASHINGTON D.C. ---- All nine Democrats on the House Permanent Select Committee on Intelligence and a senior Member of the House Judiciary Committee today introduced legislation to strengthen accountability and oversight of National Security Letters (NSLs), which are requests for personal data and records issued directly by government agencies without the approval of a judge.

"We must arm our investigators with the tools to catch terrorists, spies and others who threaten our national security," said Rep. Jane Harman (D-CA), Ranking Democrat on the House Intelligence Committee. "But we must do so in a manner that protects the cherished liberty and privacy expectations of U.S. citizens."

In introducing the legislation, the Democrats cited a lack of checks and balances on both the front and back end of the NSL process. They also pointed to virtually non-existent Congressional oversight of their use. Currently, Congress receives a 1-page summary listing aggregate numbers of NSLs employed over the course of six months. These broad summaries often are delivered as much as a year late or longer.

The legislation would make the following changes to the use of NSLs:

On the front-end, the bill would:

• Require the government to show a specific connection to a terrorist or foreign power before an NSL could be issued - a return to the pre-Patriot Act standard;
• Require NSLs to be approved by a FISA court or designated federal magistrate judge;
• Require the FISA court to set up an electronic system for filing NSL applications, so that requests are expedited and will not slow down investigations.

On the back-end, the legislation would:

• Provide a Sense of Congress that, in cases where an NSL recipient challenges the "gag"/non-disclosure requirement, the government's certification that harm to national security will occur shall be treated as a 'rebuttable' presumption, not as "conclusive" evidence that harm would occur;
• Require minimization procedures to ensure destruction of information obtained through NSL requests that is no longer needed; and
• Require detailed semi-annual reports to the Congressional Intelligence and Judiciary Committees on all NSLs issued, minimization procedures, court challenges, and how NSLs aided investigations and prosecutions.

Co-sponsoring the legislation with Harman from the Intelligence Committee are Reps. Alcee L. Hastings (D-FL), Silvestre Reyes (D-TX), Leonard L. Boswell (D-IA), Robert E. "Bud" Cramer (D-AL), Anna G. Eshoo (D-CA), Rush D. Holt (D-NJ), C.A. Dutch Ruppersberger (D-MD), and John F. Tierney (D-MA). Howard L. Berman (D-CA) is a Senior Member of the House Judiciary Committee.

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