Nadler, Bipartisan Patriot Act Reform Caucus Chairs Introduce National Security Letters Reform Act

Legislation Would Restore Checks and Balances to NSL Authority

WASHINGTON, D.C. – Congressman Jerrold Nadler (D-NY), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties and a chair of the Patriot Act Reform Caucus, today introduced bipartisan legislation that will provide crucial checks against the unprecedented and dangerous National Security Letter (NSL) authority vastly expanded by the Patriot Act. The National Security Letters Reform Act of 2007 was introduced by Rep. Nadler and by other chairs of the Patriot Act Reform Caucus, including Reps. Jeff Flake (AZ-06), William Delahunt (MA-10) and Ron Paul (TX-14).

"Concern for our fundamental liberties is not a partisan issue," said Rep. Nadler. "The National Security Letters Reform Act of 2007 protects Americans against unnecessary intrusion into their private lives, and more importantly, prevents abuse of power by the government. We need to bring the NSL Authority in line with the Constitution, enhance checks and balances, and, in doing so, better protect our national security."

The bipartisan bill would address many of the abuses disclosed by the Justice Department’s Inspector General in an internal FBI audit. That review found that agents possibly violated the law or internal rules more than 1,000 times while misusing the NSL authority. The bill would fix the NSL authority to bring it into conformity with the Constitution. Specifically, the bill would:

Restore the standard that the records sought are related to a suspected terrorist or spy;

Give a NSL recipient the right to challenge the letter and its nondisclosure requirement;

Place a time limit on the NSL gag order and allow for a court approved extensions;

Give notice to the target of an NSL if the government seeks to use the records obtained from the NSL in a subsequent proceeding; and

Give the target an opportunity to receive legal counsel and challenge the use of those records.

"It’s not too much to ask the FBI to follow the Constitution while it protects us," Rep. Nadler added. "We need to check their overbroad and unchecked investigatory power. By requiring that NSLs be issued only after the FBI has made a factual, individualized showing that the records sought pertain to a suspected terrorist or spy, we help keep our law enforcement focused on real threats."

###