H.R. 5020 has been passed by the US House of Representatives and it's companion piece of legislation S. 3237 is moving out of committe for a US Senate vote soon. This legislation gives power of arrest to the CIA and NSA within the borders of the US including the consolidation of power to the Director of National Intelligence John D. Negroponte. Senator Feingold has weighed in on this troubling piece of legislation: "I am concerned about sections of the bill containing temporary modifications to the Privacy Act. While it is imperative that our intelligence agencies effectively share information with each other, I am concerned about the removal of Privacy Act limitations on the ability of intelligence agencies to obtain information from other government agencies that are not part of the Intelligence Community. While circumstances may arise in which intelligence agencies need access to ordinary government information like student loan data or government benefits information, the exemption provided by the bill may be broader than necessary. I am also concerned that, while the bill appropriately involves the Privacy and Civil Liberties Board, this important institution is still not fully up and running.

I am also concerned about broad new arrest authorities being granted to CIA and NSA protective personnel. These personnel should be granted all the authority they need to safeguard those they have been assigned to protect. But the broad language in the bill effectively authorizes the arrest of any person committing any crime, even if he or she is in no way threatening agency personnel or property, as well as persons who have committed an unrelated felony in the past. Without a compelling reason why current law is insufficient, I am reluctant to extend broad new authorities."
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