Date: 2011-05-26
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

I thank the gentleman very much. I rise today to support a 7day extension. which means I believe that we can fix these problems. And I am disappointed that we again. having been given the responsibility of oversight. now rush for a twopage document. a twopage document that is now the essence of the Patriot Act. which in fact will provide some challenge to the civil liberties of all Americans. I highlight just one or two. The business records applies to citizens and noncitizens alike. where law enforcement or government authorities can come and take items. no matter what their relevance. if they think that they might have some relevance to terrorism. Any tangible thing. Restaurants. where you are going to a restaurant. They can ask for what you ate. A hotel. your records. Libraries. your records. Why couldnt we do this with a 7day review time? Extend it for 7 days today and allow us from New Hampshire to Texas to California to be able to say that we stand with our soldiers in securing the Nation. but we also believe in civil liberties. Let me remind my colleagues. 9/11 and the terrorists that we were shocked that could find their way to lift off and not take off. that was a question of not connecting the dots. Not that we didnt have the information. we didnt connect the dots of information that were sitting on the desks of an agent in the Midwest and information that was somewhere else. Intelligence. getting information. analyzing it is part of securing the homeland. not violating the rights of Americans. So here we go again. Business records with no restraint. not adding the civil liberties and oversight provisions that were found in JOHN CONYERS legislation. the ranking member on Judiciary. and as well the chairman of the Judiciary Committee in the Senate. Senator LEAHY. What is the rush to protect those who are in fact citizens of the United Stateswhat is the rush not to protect them? Support a 7day extension. Dont vote for legislation that violates the civil liberties of Americans. As a member of the Homeland Security Committee. I understand the importance of national security. and the challenges we face as we strive to protect our nation from foreign threats. I appreciate the need to ensure that the law enforcement and intelligence communities are equipped with the tools necessary to carry out investigations. And with certain improvements to protect individuals privacy rights and civil liberties. I believe the PATRIOT Act can continue to achieve that goal. However. as members of Congress. we have the role of oversight. and I am deeply concerned when our Constitutional rights run the risk of being infringed upon. even if it is in the name of national security. This bill would extend three provisions of the USA PATRIOT Act. commonly known as the business records. lone wolf. and John Doe roving wiretap provisions. for four years to June 1. 2015. with no changes. alterations. or considerations of the constant concerns about privacy rights and civil liberties. This bill is reflective of a deal between Senate Leadership and Republican House Leadership. however. it does not contain any of the considerations and meaningful improvements which were included Senator LEAHYs version of the PATRIOT Act Sunset extension bill that passed the Senate Judiciary Committee with bipartisan support and the backing of the intelligence community. It makes no improvements to the PATRIOT Act. It includes no new protections for privacy. It requires no reporting to Congress. Nor does this bill take into account any of the meaningful improvements or additions which were included in H.R. 1805. Representative CONYERS House counterpart to Senator LEAHYs Senate Bill. The proposals introduced by Senator LEAHY and Representative CONYERS make meaningful improvements to the PATRIOT Act and related authorities. and have the support of the Obama Administration and the intelligence community. They reauthorize the Business Records. Lone Wolf. and Roving Wiretaps provisions for two and a half yearsuntil December 2013allowing for greater Congressional oversight. which was the original intent of Congress when it originally included sunsets in these provisions. For the first time. a sunset was included on the use of National Security Letters. Finally. it moves the sunset on the FISA Amendments Act from the end of 2012 to 2013 so that all these interrelated surveillance authorities can be considered together in a nonelection year to avoid reconsideration in the midst of a politicized environment. This proposal modifies the standard for obtaining a FISA court order to obtain business records by eliminating the overbroad presumption of relevance in these cases. and requires the Government to provide a written statement of the facts and circumstances that justify the applicants belief that the tangible things sought are relevant. Furthermore. these bills contain additional protections for bookseller or library records. Additionally. these proposals would have made a number of changes to NSL practices and procedures. in response to the numerous abuses of this tool. including clarifying the standards for including a gag order. significantly improving the process for challenging gag orders. and adding a factual basis requirement. Furthermore. the Leahy and Conyers bill would have eased the concerns of many Americans by enhancing public reporting and requiring audits. The bill before us now. which was rushed through at the final hour despite multiple extensions. includes none of the thoughtful enhancements and improvements which have been carefully considered and crafted over the past several months. It ignores the results of countless oversight hearings. legislative hearings. and committee markups. It completely ignores the concerns that many Americans have voiced and continue to raise. These three provisions of the PATRIOT Act extend overstep the bounds of the government investigative power set forth in the Constitution. The "roving wiretap" provision allows a roving electronic surveillance authority. allowing the government to obtain intelligence surveillance orders with not particularity. that identify neither the person nor the facility to be tapped. The "business records" provision authorizes the government to obtain "any tangible thing" relevant to a terrorism investigation. even if there is no showing that the "thing" pertains to suspected terrorists or terrorist activities. This provision. which was addressed in the Judiciary Committee during the 111th Congress. runs afoul of the traditional notions of search and seizure. which require the government to show "reasonable suspicion" or "probable cause" before undertaking an investigation that infringes upon a persons privacy. Congress must ensure that things collected with this power have a meaningful nexus to suspected terrorist activity. The "lone wolf" provision permits secret intelligence surveillance of nonUS persons who are not affiliated with a foreign organization. This type of authorization. which is only granted in secret courts. is subject to abuse. and threatens our longtime understandings of the limits of the governments investigatory powers within the borders of the United States. This bill fails to address National Security Letters (NSLs) all together. NSLs permit the government to obtain the communication. financial and credit records of anyone deemed relevant to a terrorism investigation. even if that person is not suspected of unlawful behavior. I repeat. even if that person is NOT suspected of unlawful behavior. Issues surrounding these particular provisions are not a stranger to us. for we have been dealing with them since 2001 when the PATRIOT Act was introduced. It has been examined in the Judiciary Committee numerous times. I. along with other Members of the Judiciary Committee like Mr. CONYERS and Mr. NADLER. offered multiple amendments that not only addressed the three provisions. but also National Security Letters and the lax standards of intent. We must ensure that our intelligence professionals have the tools that they need to protect our Nation. while also safeguarding the rights of lawabiding Americans. To win the war on terror. the United States must remain true to the founding architects of this democracy who created a Constitution which enshrined an inalienable set of rights. These Bills Of Rights guarantee certain fundamental freedoms that cannot be limited by the government. One of these freedoms. the Fourth Amendment. is the right of the people to be secure in their persons. houses. papers. and effects against unreasonable searches and seizures. We do not circumvent the Fourth Amendment. or any other provision in the United States Constitution. merely because it is inconvenient. There is nothing more important than providing the United States of America. especially our military and national security personnel. the right tools to protect our citizens and prevail in the global war on terror. Holding true to our fundamental constitutional principles is the only way to prove to the world that it is indeed possible to secure America while preserving our way of life.