[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Extensions of Remarks]
[Page E663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE SAFE AND SECURE AMERICA ACT OF 2009

                                 ______
                                 

                            HON. LAMAR SMITH

                                of texas

                    in the house of representatives

                        Thursday, March 12, 2009

  Mr. SMITH of Texas. Madam Speaker, today I introduce the Safe and 
Secure America Act of 2009 to instill confidence in the American people 
that our intelligence community is fully equipped to investigate and 
prevent threats to our safety and security.
  This legislation extends for ten years sections 206 and 215 of the 
USA PATRIOT Act and section 6001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004, which are scheduled to sunset on 
December 31, 2009. Three years ago, Congress reauthorized the USA 
PATRIOT Act, eliminating all but these three sunsets.
  Section 206 of the USA PATRIOT Act authorizes the use of multipoint 
or ``roving'' wiretaps for national security and intelligence 
investigations. A ``roving'' wiretap applies to an individual and 
allows the government to a use a single wiretap order to cover any 
communications device that the suspect uses or may use. This type of 
wiretap differs from a traditional criminal wiretap that only applies 
to a particular phone or computer used by a target. Without roving 
wiretap authority, investigators would be forced to seek a new court 
order each time they need to change the location, phone, or computer 
that needs to be monitored.
  Section 215 allows the Federal Bureau of Investigation (FBI) to apply 
to the FISA court to issue orders granting the government access to any 
tangible items (including books, records, papers, and other documents), 
no matter who holds it, in foreign intelligence, international 
terrorism, and clandestine intelligence cases. The USA PATRIOT 
Improvement and Reauthorization Act of 2005 contains several 
protections against abuses of Section 215 authority, including 
Congressional oversight, procedural protections, application 
requirements, and judicial review.
  Section 6001 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 amends the definition of ``agent of a foreign power'' to 
include ``lone wolf'' terrorists who are non-U.S. persons engaged in 
international terrorism, regardless of whether they are affiliated with 
an international terrorist group. When FISA was originally enacted in 
the 1970s, terrorists were more commonly members of an identified 
group. That is not the case today. Many modern-day terrorists may 
subscribe to a movement but do not subscribe to a specific group and 
often act alone. It is imperative that such an out-dated definition 
does not impede our ability to gather intelligence about perhaps the 
most dangerous terrorists operating today.
  Madam Speaker, America is fortunate to not have suffered a terrorist 
attack on our soil in over seven years. But we must not let our safety 
become complacency. America is safe today not because terrorists and 
spies have given up their mission to destroy our freedoms and our way 
of life. America is safe today because the men and women of the 
intelligence community work tirelessly to protect us. It would be 
irresponsible of Congress to take away the authorities needed to their 
job. The threat to America from terrorists, spies, and enemy nations 
will not sunset at the end of this year. Neither should America's anti-
terrorism laws.

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