Legislation of the 111th Congress (2009-2011)

Bill Number: H. Res. 417

Status: Introduced May 7, 2009, and referred to committees (Judiciary, Armed Services, Foreign Affairs, and Intelligence)

Sponsor: Rep. Tammy Baldwin (D-WI)

This bill calls on President Obama to reject and reverse the illegal actions of the Bush-Cheney Administration and to work with Congress to restore a proper balance between the legislative and executive branches of the federal government.

Bill Number: H.R. 104

Status: Introduced in the House on January 9, 2009. Referred to committee.

Sponsor: Rep. John Conyers (D-MI)

Co-Sponsors: This bill has 48 Co-Sponsors.

The bill would set up a Blue Ribbon Commission to investigate Bush administration policies undertaken using claims of unreviewable war powers, including the suspension of habeas corpus, the NSA warrantless wiretapping program, extraordinary rendition, and so-called "enhanced interrogation techniques" and torture.

Bill Number: S. 612

Status: Introduced in the Senate on March 17, 2009. Referred to the Committee on the Judiciary.

Sponsor: Sen. Patrick Leahy (D-VT)

Co-Sponsor: Sen. John Cornyn (R-TX)

This bill would require statutory exemptions to the disclosure requirements of the Freedom of Information Act specifically cite the provision authorizing such exemption.

Bill Number: S. 147, H.R. 374

Status: Introduced in the Senate on January 6, 2009. Introduced in the House on January 9, 2009.

Sponsor: Sen. Diane Feinstein (D-CA); Rep. Jane Harman (D-CA)

Co-Sponsors: Sen. Jay Rockefeller (D-WV), Sen. Sheldon Whitehouse (D-RI), and Sen. Ron Wyden (D-OR); Rep. John Conyers (D-MI), Rep. Anna Eshoo (D-CA), Rep. Jerrold Nadler (D-NY), and Rep. Mike Thompson (D-CA)

This bill would require the closure of the Guantánamo Bay detention center, limit the use of certain inhumane interrogation techniques, prohibit interrogation by contractors, and require that the International Committee of the Red Cross be notified of detainees.

Additional information:

• Feinstein, Wyden Introduce Lawful Interrogation and Detention Act

Bill Number: S. 1285

Status: Passed by unanimous consent in the Senate, referred to the House on June 17, 2009. Referred to committees (Judiciary, Armed Services, and Oversight and Government Reform).

Sponsor: Sen. Joseph Lieberman (I-CT)

Co-Sponsor: Sen Lindsey Graham (R-SC)

This bill would prohibit the disclosure of photos pertaining to the abuse and torture of detainees. This bill would exempt such photos from the Freedom of Information Act.

Additional Information:

• The Defeat of Graham-Lieberman and the Ongoing War on Transparency

Bill Number: H.R. 1215

Status: Introduced February 26, 2009, the bill has been referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

Sponsor: Rep. Lucille Roybal-Allard (D-CA).

Co-Sponsors: This bill has 16 Co-Sponsors.

This bill, previously introduced in the 110th Congress, aims to ensure that immigrant detainees receive fair and humane treatment while in detention.

According to Rep. Roybal-Allard, "The Immigration Oversight and Fairness Act will ensure that the Department of Homeland Security does not ignore its own detention standards. This bill gives these regulations the force of law, bringing accountability to a system in desperate need of better oversight. Final passage of my legislation would help to ensure that detainees, especially unaccompanied children, are treated humanely, receive access to legal representation and obtain needed medical care."

Bill Number: H.R. 1800

Status: Introduced March 30, 2009, and referred to House Committees on the Judiciary and Financial Services.

Sponsor: Rep. Jerrold Nadler

Co-Sponsors: This bill has 18 Co-Sponsors.

Originally introduced in the 110th Congress, Representative Nadler's bill would establish procedural protections for the use of National Security Letters (NSLs). Some highlights:

• The bill raises the standard for the FBI to obtain NSLs, to include "specific and articulable facts" giving reason to believe that the information or records sought pertain to a foreign power or agent of a foreign power.
• An NSL may not be used in connection with a U.S. person based solely on First Amendment activities.
• An NSL must provide information to the recipient about their rights to judicial review, and procedures for seeking a judge's perusal of the NSL.
• Within 20 days of receiving the NSL, the recipient may file in U.S. district court, an appeal to modify or set aside the NSL.
• The bill requires that all information retrieved about innocent people must be destroyed.
• Semi-annually, the FBI must report to Congress 1) the number of NSLs issued in previous 6 months, 2) a summary of challenges made by recipients, 3) a description of how NSLs have aided investigations and prosecutions.
• FBI field supervisors are still able to issue NSLs.

Bill Number:S. 1686, H.R. 4005

Status: Introduced in the Senate on September 17, 2009 (Constitution Day), and referred to the Committee on the Judiciary. The bill was not voted out of committee.

Introduced in the House on November 3, 2009, and referred to the Committee on the Judiciary and the Committees on Financial Services and Select Intelligence.

Sponsor:Senator Russ Feingold (D-WI); Representative Rush Holt (D-NJ)

Senate Co-Sponsors:

• Daniel Akaka (D-HI)
• Jeff Bingaman (D-NM)
• Dick Durbin (D-IL)
• Robert Menendez (D-NJ)
• Jeff Merkley (D-OR)
• Bernie Sanders (I-VT)
• Jon Tester (D-MT)
• Tom Udall (D-NM)
• Ron Wyden (D-OR)

The Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act would reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans' constitutional rights, while preserving the powers of our government to fight terrorism. 

The JUSTICE Act reforms include more effective checks on government searches of Americans' personal records, the "sneak and peek" search provision of the PATRIOT Act, "John Doe" roving wiretaps and other overbroad authorities.  The bill will also reform the FISA Amendments Act, passed last year, by repealing the retroactive immunity provision, preventing "bulk collection" of the contents of Americans' international communications, and prohibiting "reverse targeting" of innocent Americans.  The bill enables better oversight of the use of National Security Letters (NSLs) after the Department of Justice Inspector General issued reports detailing the misuse and abuse of the NSLs.

Bill Number: H. Res. 383

Status: Introduced April 30, 2009 and referred to committee.

Sponsor: Rep. Barbara Lee (D-CA)

Co-Sponsors: This bill has 4 Co-Sponsors.

This resolution would establish a select committee to review national security laws and policies. The legislation is urgent because to be fully effective, a review must be completed before Congress considers whether to renew the provisions of the USA PATRIOT Act set to expire at the end of 2009. Read the ACLU's press release on the bill.

Bill Number: H.R.3845

Status: Introduced October 20, 2009, and referred to Committees on Judiciary and Intelligence

Sponsor: Representative John Conyers (D-MI)

Co-Sponsors: Representatives Steve Cohen (D-TN), Jane Harman (D-CA), Sheila Jackson-Lee (D-TX), Hank Johnson (D-GA), Jerrold Nadler (D-NY), and Bobby Scott (D-VA)

This bill would reintroduce a number of provisions from the JUSTICE Act that did not make it into the bill reported out of the Judiciary Committee, the USA PATRIOT Act Sunset Extension Act.

The USA PATRIOT Amendments Act of 2009 provisions include:

• Restoring the issuance of national security letters (NSLs) to the pre-PATRIOT Act standards.  Under the current standards, both use and abuse of NSLs have skyrocketed.
• Subjecting to judicial review unconstitutional gag orders that routinely accompany NSLs.
• Increased reporting requirements for use of NSLs and Section 215 business record requests.
• Adding a 2013 sunset for NSLs and allowing roving wiretap powers to expire at the end of 2009.

Bill Number: S.1692

Status: Introduced September 22, 2009, and referred to the Committee on the Judiciary.

Sponsor: Senator Patrick Leahy (D-VT)

Co-Sponsors: Senators Benjamin Cardin (D-MD), Edward Kaufman (D-DE), and Bernard Sanders (I-VT)

This bill would extend provisions of the PATRIOT Act set to expire at the end of 2009 while instituting reforms to protect Americans' rights and curb government abuses. However, those reforms are just the tip of the iceberg, and while this bill stops there, the JUSTICE Act goes much further in instituting limits on government and protecting the liberty and privacy of law-abiding Americans.

Bill Number: S. 773

Status: Introduced April 1, 2009, and referred to the Committee on Commerce, Science, and Transportation.

Sponsor: Sen. John Rockefeller (D-WV)

Co-sponsors: Sens. Olympia Snowe (R-ME), Bill Nelson (D-FL), and Evan Bayh (D-IN)

The Cybersecurity Act of 2009 would give the President unfettered power to shut down Internet traffic in emergencies or disconnect any critical infrastructure system or network on national security grounds. The bill would grant the Commerce Department the ability to override all privacy laws to access any information about Internet usage in connection with a new role in tracking cybersecurity threats. The bill would also give the government unprecedented control over computer software and Internet services, threatening innovation, freedom and privacy.

Center for Democracy and Technology (CDT) President and CEO Leslie Harris said of the bill, “The cybersecurity threat is real, but such a drastic federal intervention in private communications technology and networks could harm both security and privacy.” For more information on cybersecurity, read CDT's policy post on the issue.

Bill Number: H.R. 1617

Status: Passed the House on March 24, 2009. Referred to Senate Committee on Homeland Security and Governmental Affairs.

Sponsor: Rep. Christopher Carney (D-PA)

Co-sponsor: Rep. Bennie Thomas (D-MS)

This bill would create a privacy official for each division of the Department of Homeland Security (DHS). If established by law, these new positions would be responsible for ensuring privacy laws and regulations are followed by DHS.

Bill Number: H.R. 3846

Status: Introduced October 20, 2009, and referred to the Committees on Intelligence and the Judiciary.

Sponsor: Rep. John Conyers (D-MI)

Co-Sponsors: Representatives Steve Cohen (D-TN), Sheila Jackson-Lee (D-TX), Hank Johnson (D-GA), Jerrold Nadler (D-NY), and Bobby Scott (D-VA)

The FISA Amendments Act of 2009 provisions include:

• Rescinding the telecom immunity provision of last year’s FISA Amendments Act.
• Preventing bulk collection of communications and reverse targeting of law-abiding Americans.

Bill Number: H.R. 1467

Status: Introduced March 12, 2009. Referred to House Committee on the Judiciary and House Permanent Select Committee on Intelligence

Sponsor: Sen. Lamar Smith (R-TX)

Co-Sponsors: This bill has 17 Co-Sponsors.

This bill aims to extend "roving" wiretap powers and government access to library patron records until December 31, 2019, ten years past their scheduled December 31, 2009 sunset. It also aims to expand the reach of the Foreign Intelligence Surveillance Act.

Bill Number: H.R. 2704

Status: Introduced June 4, 2009. Referred to House Committee on Homeland Security.

Sponsor: Rep. Jane Harman (D-CA)

This bill would shut down the National Applications Office within the Department of Homeland Security. The NAO would provide access to domestic satellite surveillance to unspecified law enforcement and homeland security "users". The office would dramatically expand the abilities of law enforcement and federal agencies to conduct unwarranted domestic surveillance.

Rep. Harman also introduced a related bill, H.R. 2703, which would prohibit the Secretary of Homeland Security from funding the NAO. Rep. Norman Dicks (D-WA) has co-sponsored H.R. 2703

Read Rep. Harman's statement on the bill.

Bill Number: H.R. 3471

Status: Introduced in the House, July 31, 2009.

Sponsor: Rep. Steve Cohen (D-TN)

This bill would repeal the REAL ID Act of 2005. The bill comes after 25 states have rejected REAL ID (15 of which have passed binding resolutions prohibiting state involvement in the program), and as the future of the program seems to be in doubt. This bill would replace the REAL ID requirements with a rule-making process originally developed in response to the 9/11 Commission recommendations.

Additional Information:

• Read the ACLU's press release on the repeal of REAL ID.

Bill Number: S. 1261

Status: Introduced in the Senate, June 15, 2009. Referred to the Committee on Homeland Security and Government Affairs.

Sponsor: Sen. Daniel Akaka (D-HI)

Co-Sponsors: This bill has 16 co-sponsors.

This bill allows for certain revisions to be made to the REAL ID Act of 2005. These revisions are intended to address the privacy and security concerns raised by the original bill.

Additional Information:

• The Center for Democracy and Technology Supports Privacy Protection Proposed in the PASS ID Bill.
• A rebuttal of the CDT's support by Jim Harper at Cato@Liberty.

Bill Number: S. 417, H.R. 984

Status: Introduced February 11, 2009 and referred to committee.

Sponsor: Sen. Patrick Leahy (D-VT); Rep. Jerrold Nadler (D-NY)

This bill's goal is to provide guidance to courts on cases in which the State Secrets Privilege has been invoked. Specifically, it would keep courts from dismissing cases solely because the State Secrets Privilege has been invoked, although judges could still do so after reviewing the information behind the claim and allowing the defense to make a counterclaim. The bill would also establish new safeguards for protecting classified information and provide a way for judges to report on the cases to Congress.

Bill Number: H. Amdt. 20 to H.R. 1

Status: The Whistleblower Protection Enhancement Act, previously introduced in the 110th Congress, was reintroduced as an amendment to H.R. 1 (the economic stimulus package) on January 28, 2009, by Representatives Todd Platts (R-PA) and Chris Van Hollen (D-MD), it was unanimously accepted. However, it was not included in the Senate version of the bill nor was it included in the final legislation.

This amendment's purpose was to amend title 5, United States Code, clarifying which disclosures of information are protected from prohibited personnel practices and requiring a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections. It would have had the effect of reversing several court decisions that have limited whistleblowers' rights and protections.