S. 2088 - National Security Reform Act of 2007
One-Page Summary
The National Security Letter Reform Act of 2007 is a bipartisan response to the Justice Department Inspector General Report detailing the FBI's abuse and misuse of National Security Letters (NSLs). The NSL statutes were vastly expanded by the USA Patriot Act, which essentially granted the FBI a blank check to obtain without judicial approval very sensitive records about Americans, including people not under any suspicion of wrong-doing. The bill addresses the excesses of the Patriot Act that led to the problems uncovered by the Inspector General's report by providing new statutory safeguards and protections - reasonable limitations that retain the FBI's authority to investigate terrorists and spies but also protect the personal information of innocent Americans.
The NSL Reform Act:
- Authorizes the use of National Security Letters to obtain certain types of communications records, financial records, and credit report records without judicial review, but narrows the types of records available without a court order and imposes new procedural safeguards to protect against abuse.
- Establishes a standard of individualized suspicion for issuing an NSL, requiring that the government have reason to believe the records sought relate to a suspected terrorist or spy, to someone directly linked to a suspected terrorist or spy, or in limited circumstances to the activities of a suspected terrorist or spy. This replaces the existing relevance standard, which the Inspector General explained could be used to justify obtaining the records of individuals three or four times removed from a suspect, most of whom would be entirely innocent.
- Requires the Attorney General to issue minimization and destruction procedures for information obtained through NSLs, so that information obtained about Americans is subject to enhanced protections and information obtained in error is not retained.
- Places a time limit on the gag order associated with each NSL, which could be extended by the court if the government demonstrates an extension is necessary, and addresses other First Amendment deficiencies identified by a recent federal court decision.
- Requires that the FBI implement a program to ensure compliance with the NSL statutes and establish a tracking database for NSLs.
- Requires more detailed congressional reporting on the use of NSLs.
- Sunsets the NSL statutes on December 31, 2009, when two other Patriot Act authorities expire.
- Establishes a standard of individualized suspicion for obtaining a FISA business records order (also known as a “Section 215 order”), requiring that the government have reason to believe the records sought relate to a suspected terrorist or spy or someone directly linked to a suspected terrorist or spy, and creates procedural protections to prevent abuses.
- Ensures meaningful after-the-fact judicial review procedures for NSLs and Section 215 business records orders and accompanying gag orders.
- Prevents any future use of illegal “exigent letters” by strengthening the requirements for using emergency authorities to obtain certain types of business records.
- Provides additional resources to the FBI and Justice Department for personnel and improved information technology to make the FISA application process more efficient, including an electronic filing system.
- Requires the Attorney General to issue guidelines on using the least intrusive investigative means available in national security investigations, as recommended by the Inspector General.