[Congressional Record Volume 151, Number 168 (Thursday, December 22, 2005)]
[House]
[Pages H13178-H13179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   USA PATRIOT ACT 1-MONTH EXTENSION

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the 
Committee on the Judiciary and the Permanent Select Committee on 
Intelligence be discharged from further consideration of the bill (H.R. 
4647) to amend the USA PATRIOT ACT to extend the sunset of certain 
provisions of such Act, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4647

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF CERTAIN PROVISIONS OF THE USA PATRIOT 
                   ACT.

       Section 224(a) of the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 
     107-56; 115 Stat. 295) is amended by striking ``December 31, 
     2005'' and inserting ``February 3, 2006''.

  Mr. SENSENBRENNER. Mr. Speaker, in the wake of the September 11, 2001 
attacks, Congress recognized that our Nation's intelligence and law 
enforcement communities lacked the

[[Page H13179]]

statutory tools necessary to meet and defeat the international 
terrorist threat. Large majorities in both Houses passed the PATRIOT 
Act to lower the wall of separation between the intelligence and law 
enforcement communities that prevented the sharing of threat 
information that might have averted these attacks. I supported the 
inclusion of sunsets in the PATRIOT Act because I recognized that the 
enlargement of Federal law enforcement authority and the attendant risk 
to civil liberties required comprehensive examination and affirmative 
congressional reauthorization.
  Since passage of the PATRIOT Act in October of 2001, I have led 
aggressive congressional oversight of the implementation of the PATRIOT 
Act before the House Committee on the Judiciary, and the legislation 
has been exhaustively examined by the House Committee on Intelligence, 
as well as companion committees in the other body. The PATRIOT Act 
conference report is more protective of civil liberties than current 
law in dozens of areas, and is the product of extensive and bipartisan 
legislative and oversight, as well as intensive bipartisan and 
bicameral negotiations. On December 14, the House passed the PATRIOT 
Act conference report by a bipartisan vote of 251-174.
  Last night, the other body ignored the will of the House, a majority 
of PATRIOT Act House-Senate conferees, and a clear majority of Senators 
bypassing a 6-month extension of the PATRIOT Act that contained none of 
the important civil liberties provisions carefully negotiated by House 
and Senate conferees.
  The security of the American people should not be subordinated to the 
partisan brinksmanship of a minority of obstructionist Senators. It is 
imperative that the PATRIOT Act not be permitted to expire in order to 
ensure that our Nation's law enforcement and intelligence communities 
are provided the statutory mandate necessary to detect and defeat 
terrorist threats.
  Let me respond to assertions that the conference report does not 
strengthen the civil liberties provisions of the original PATRIOT Act.
  Senator Schumer and others have said that we ought to ``mend it, not 
end it.'' Senator Schumer and others fail to recognize that conferees 
have already extensively mended it, and that further mending will have 
the effect of ending the vital antiterrorism provisions contained in 
this legislation and heighten the risk of future terrorist attack.
  With respect to civil liberties enhancements, the PATRIOT Act 
conference report contains at least 30 additional civil liberties 
safeguards, many of which were requested by minority conferees. This 
conference report tightens the criteria necessary to obtain a 
multipoint wiretap, heightens reporting requirements of their use, 
increases safeguards for the use of delayed notice search warrants, 
imposes stringent requirements for the acquisition of business records 
under section 215 of the legislation, requires the approval of such 
orders from the FBI Director of other senior executive officials if 
they pertain to library, medical, educational or other records, limits 
the scope of material obtained through these orders, and prohibits the 
dissemination of information obtained.
  The conference report also requires that the DOJ Inspector General 
conduct two separate audits of the FBI's use of section 215 orders that 
will examine: any noteworthy facts or circumstances relating to 215 
orders, including any improper or illegal use of the authority; the 
manner in which such information is collected, retained, analyzed, and 
disseminated by the FBI; and an assessment of whether the minimization 
procedures protect the constitutional rights of United States persons.

  Allows recipients of National Security Letters (NSLs) to consult with 
legal counsel and creates an explicit right to judicial review of NSL 
requests.
  Permits a reviewing court to modify or set aside an NSL if compliance 
would be unreasonable, oppressive, or otherwise unlawful--this is the 
same standard used to modify or quash a subpoena in a criminal case.
  Requires the DOJ Inspector General to conduct two comprehensive 
audits of the FBI's use of NSLs and requires the Attorney General and 
the Director of National Intelligence to submit to Congress a report on 
the feasibility of applying minimization procedures to NSLs to ensure 
the protection of constitutional rights of U.S. persons.
  Adds a new ``sunshine'' provision that requires annual public 
reporting on NSLs. Provides for expanded congressional access to 
significant FISA reporting currently provided to the Intelligence 
Committees.
  Includes a provision requiring the FISA Court to submit its rules and 
procedures to Congress. Creates new reporting requirements for the use 
of emergency authorities under FISA. Requires new reporting on the use 
of emergency disclosures of communications information made under 
section 212 of the USA PATRIOT Act.
  Requires the Department of Justice to submit a report to Congress on 
the Department's data-mining activities.
  As you can see from this list of changes, the conference report does 
more than just mends the PATRIOT Act, it overhauls it in important ways 
that a minority of Senators refuse to recognize.
  In order to ensure that this vital antiterrorism legislation does not 
expire at the end of this month, I offer legislation that provides a 5-
week extension of the PATRIOT Act. The PATRIOT Act has already been 
subject to the most exhaustive congressional consideration of any modem 
legislation. A 5-week extension will permit both bodies to again 
examine the legislation to ensure that it enhances the security of the 
American people while preserving our civil liberties. It will also 
ensure that the vital antiterrorism provisions contained in the act do 
not expire as some in the other body have openly advocated.
  I urge my colleagues to support this important legislation to renew 
the critical antiterrorism tools contained in the PATRIOT Act by 
supporting passage of H.R. 4647.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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