WASHINGTON, D.C. – The Senate Select Committee on Intelligence today passed several amendments authored by U.S. Senators Susan Collins (R-ME) and Angus King (I-ME) that will increase oversight and accountability within our nation’s Intelligence community. Senators Collins and King are the only two Senators on the Intelligence Committee whose amendments were adopted during the Committee’s markup of legislation reforming the Foreign Intelligence Surveillance Act (FISA).

The first amendment, authored by Senator Collins and cosponsored by Senator King, would enhance the authority of the Privacy and Civil Liberties Oversight Board (PCLOB) to conduct independent oversight of the National Security Agency’s counterterrorism collection activities.

“Strengthening the independent oversight provided by the Privacy and Civil Liberties Oversight Board is crucial to ensuring that our nation’s counterterrorism efforts fully take into account the privacy rights of Americans, which we value so greatly,” said Senator Collins. “With the adoption of our amendment, the Board will play an increasingly important role in evaluating the implications for privacy and civil liberties of our programs to protect our nation from all acts of terrorism.”

“The Privacy and Civil Liberties Oversight Board was created by Congress nearly a decade ago and this amendment strengthens its role in ensuring that our government thoroughly considers the personal privacy and civil liberties of American citizens as we continue to fight global terrorism,” Senator King said. “This provision will strengthen the PCLOB’s authority to independently assess intelligence programs through the prism of Constitutionally-guaranteed rights.”

Another amendment, authored by Senator King and cosponsored by Senator Collins, would require the Foreign Intelligence Surveillance Court to designate outside “Amicus Curiae” or “Friends of the Court” to provide independent perspectives and assist the court in reviewing matters that present a novel or significant interpretation of the law.

Specifically, the provision authorizes the Court to consult with independent outside experts such as a special counsel or experts on privacy and civil liberties, intelligence collection, telecommunications, and any other area that may lend legal or technical expertise to the Court. The goal of the provision is to ensure the Court has access to the expertise necessary to oversee sensitive intelligence programs and safeguard the Fourth Amendment protections guaranteed by the Constitution.

“There is no question that the United States must take steps to combat terrorism and other threats to our security, especially in a day and age when intelligence gathering is often our primary weapon to prevent it,” Senator King said. “At the same time, the Constitution guarantees the protection of privacy, and consequently the struggle in recent years has become how to properly balance the two. By creating a process whereby the Foreign Intelligence Surveillance Court can turn to independent outsiders with specific expertise in areas such as privacy or telecommunications, we will take a vital step forward in ensuring the legal and technical implications of these programs are scrutinized appropriately.” 

“The Foreign Intelligence Surveillance Court is an important judicial check on the collection and use of foreign intelligence information that is unique among countries,” said Senator Collins. “This amicus curiae will ensure that when the Court needs a second opinion on the material presented by the Executive Branch, that it has the explicit authority to secure one.  This provision further strengthens the independent judicial oversight regarding requests from the Executive Branch for intelligence activities that have implications for privacy and civil liberties.”

BACKGROUND ON COLLINS AMENDMENT: The amendment will ensure the Board receives a copy of any application to the Foreign Intelligence Surveillance Court and any resulting court order that contains a significant or novel interpretation of the law and is related to counterterrorism.  Senator Collins first established the PCLOB, along with former Senator Joe Lieberman, in the Intelligence Reform and Terrorism Prevention Act of 2004.  The amendment also provides explicit authority for the Board to assess the implications for privacy and civil liberties of any FISA Court applications the Board receives.  Finally, the amendment also requires the Board to conduct an annual review of NSA collection programs conducted under the Foreign Intelligence Surveillance Act. 

The Board is an independent, bipartisan agency within the executive branch comprised of part-time members and a full-time chairman.  The Board is vested with the responsibility to authority to provide advice to the President and executive branch agencies and departments on policy development and implementation, as well as to oversee certain actions, regulations, policies, and procedures of the executive branch.  For more information about the Board, please visit www.pclob.gov

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