Congressional Record: March 28, 2007 (Extensions)
Page E686



           INTRODUCTION OF BILL ON NATIONAL SECURITY LETTERS

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                            HON. JANE HARMAN

                             of california

                    in the house of representatives

                       Wednesday, March 28, 2007

  Ms. HARMAN. Madam Speaker, we now know that the FBI may have violated
the law or government policies as many as 3,000 times in the use of
National Security Letters.
  This body has been deeply deficient in its oversight of how NSLs are
used, and legislative changes to current law are clearly needed in
light of these stunning abuses. That is why the bill I am reintroducing
today is even more important now than when I and others first
introduced it in December 2005.
  I doubt anyone disagrees that law enforcement must be armed with the
necessary tools to catch terrorists, spies and others who threaten U.S.
national security, but we must do so in a manner that protects the
cherished liberty and privacy expectations of all Americans.
  This legislation will strengthen accountability and oversight of
NSLs, which, to remind my colleagues, are requests for personal data
and records issued directly by government agencies without the approval
of a judge.
  We knew 16 months ago about the lack of checks and balances on both
the front and back end of the NSL process--and we knew of the almost
non-existent congressional oversight of their use.
  Currently, Congress receives a one-page summary listing aggregate
numbers of NSLs employed over the course of 6 months. These broad
summaries are often delivered as much as a year late or longer. This
was grossly inadequate in 2005, and is a bone-rattling embarrassment in
2007.
  This bill 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; and
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, this 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.
  Now, more than ever, Congress must reassert its oversight
prerogatives not only to regain control of a program that the Executive
Branch allowed to morph into an out-of-control beast, but to reassure
the American people that their interests and most fundamental rights
are being protected.
  In the 109th Congress, the bill was coauthored by the present
Chairman of the House Judiciary Committee and all Democrats then on the
Intelligence Committee. It was also endorsed by key civil liberties
groups. I urge its broad support again.

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