H520 CONGRESSIONAL RECORD — HOUSE February 8, 2011 With best wishes, I am COMMUNICATION FROM THE will postpone further proceedings Sincerely, CLERK OF THE HOUSE today on motions to suspend the rules KAREN L. HAAS. The SPEAKER pro tempore laid be- on which a recorded vote or the yeas f fore the House the following commu- and nays are ordered, or on which the nication from the Clerk of the House of vote incurs objection under clause 6 of COMMUNICATION FROM THE Representatives: rule XX. CLERK OF THE HOUSE Record votes on postponed questions U.S. HOUSE OF REPRESENTATIVES, will be taken after 6:30 p.m. today. The SPEAKER pro tempore laid be- OFFICE OF THE CLERK, fore the House the following commu- Washington, DC, February 3, 2011. f nication from the Clerk of the House of Hon. JOHN A. BOEHNER, EXTENDING COUNTERTERRORISM Representatives: Speaker, House of Representatives, AUTHORITIES Washington, DC. HOUSE OF REPRESENTATIVES, DEAR MR. SPEAKER: Pursuant to the per- Mr. SMITH of Texas. Mr. Speaker, I OFFICE OF THE CLERK, mission granted in clause 2(h) of rule II of move to suspend the rules and pass the Washington, DC, January 27, 2011. the Rules of the U.S. House of Representa- bill (H.R. 514) to extend expiring provi- Hon. JOHN A. BOEHNER, tives, the Clerk received the following mes- The Speaker, House of Representatives, Wash- sions of the USA PATRIOT Improve- sage from the Secretary of the Senate on ment and Reauthorization Act of 2005 ington, DC. February 3, 2011 at 10:33 a.m.: DEAR MR. SPEAKER: Pursuant to the per- Appointments: and Intelligence Reform and Terrorism mission granted in clause 2(h) of rule II of Senate National Security Working Group. Prevention Act of 2004 relating to ac- the Rules of the U.S. House of Representa- Board of Trustees of Gallaudet University. cess to business records, individual ter- tives, the Clerk received the following mes- United States Holocaust Memorial Coun- rorists as agents of foreign powers, and sage from the Secretary of the Senate on cil. roving wiretaps until December 8, 2011. January 27, 2011 at 4:03 p.m.: Commission on Security and Cooperation The Clerk read the title of the bill. Appointment: in Europe. The text of the bill is as follows: Congressional Budget Office. United States-China Interparliamentary H.R. 514 With best wishes, I am Group conference. Be it enacted by the Senate and House of Rep- Sincerely, United States-Japan Interparliamentary resentatives of the United States of America in KAREN L. HAAS. Group conference. Congress assembled, Mexico-United States Interparliamentary f Group conference. SECTION 1. EXTENSION OF SUNSETS OF PROVI- SIONS RELATING TO ACCESS TO United States-Russia Interparliamentary BUSINESS RECORDS, INDIVIDUAL COMMUNICATION FROM THE Group conference. CLERK OF THE HOUSE TERRORISTS AS AGENTS OF FOR- British-American Interparliamentary EIGN POWERS, AND ROVING WIRE- The SPEAKER pro tempore laid be- Group conference. TAPS. fore the House the following commu- With best wishes, I am (a) USA PATRIOT IMPROVEMENT AND RE- nication from the Clerk of the House of Sincerely, AUTHORIZATION ACT OF 2005.—Section 102(b)(1) KAREN L. HAAS. of the USA PATRIOT Improvement and Re- Representatives: authorization Act of 2005 (Public Law 109–177; f OFFICE OF THE CLERK, 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 HOUSE OF REPRESENTATIVES, COMMUNICATION FROM THE U.S.C. 1862 note) is amended by striking Washington, DC, February 1, 2011. CLERK OF THE HOUSE ‘‘February 28, 2011’’ and inserting ‘‘December Hon. JOHN A. BOEHNER, 8, 2011’’. The Speaker, House of Representatives, The SPEAKER pro tempore laid be- (b) INTELLIGENCE REFORM AND TERRORISM Washington, DC. fore the House the following commu- PREVENTION ACT OF 2004.—Section 6001(b)(1) DEAR MR. SPEAKER: Pursuant to the per- nication from the Clerk of the House of of the Intelligence Reform and Terrorism mission granted in Clause 2(h) of Rule II of Representatives: Prevention Act of 2004 (Public Law 108–458; the Rules of the U.S. House of Representa- 118 Stat. 3742; 50 U.S.C. 1801 note) is amended OFFICE OF THE CLERK, tives, the Clerk received the following mes- by striking ‘‘February 28, 2011’’ and inserting HOUSE OF REPRESENTATIVES, sage from the Secretary of the Senate on Washington, DC, February 4, 2011. ‘‘December 8, 2011’’. February 1, 2011 at 10:52 a.m.: Hon. JOHN A. BOEHNER, The SPEAKER pro tempore. Pursu- Appointments: The Speaker, U.S. Capitol, House of Representa- Board of Regents of the Smithsonian Insti- ant to the rule, the gentleman from tives, Washington, DC. tution. Texas (Mr. SMITH) and the gentleman DEAR MR. SPEAKER: Pursuant to the per- With best wishes, I am from Michigan (Mr. CONYERS) each will mission granted in Clause 2(h) of Rule II of Sincerely, control 20 minutes. the Rules of the U.S. House of Representa- KAREN L. HAAS. The Chair recognizes the gentleman tives, the Clerk received the following mes- from Texas. f sage from the Secretary of the Senate on February 4, 2011 at 11:52 a.m.: GENERAL LEAVE COMMUNICATION FROM THE Appointment: Mr. SMITH of Texas. Mr. Speaker, I CLERK OF THE HOUSE Senate National Security Working Group. ask unanimous consent that all Mem- With best wishes, I am bers may have 5 legislative days within The SPEAKER pro tempore laid be- Sincerely, which to revise and extend their re- fore the House the following commu- KAREN L. HAAS. marks and include extraneous mate- nication from the Clerk of the House of f rials on H.R. 514 currently under con- Representatives: ANNOUNCEMENT BY THE SPEAKER sideration. OFFICE OF THE CLERK, PRO TEMPORE The SPEAKER pro tempore. Is there HOUSE OF REPRESENTATIVES, objection to the request of the gen- Washington, DC, February 2, 2011. The SPEAKER pro tempore. Pursu- tleman from Texas? Hon. JOHN A. BOEHNER, ant to clause 4 of rule I, the following Speaker, U.S. Capitol, House of Representatives, There was no objection. enrolled bill was signed by the Speaker Mr. SMITH of Texas. Mr. Speaker, I Washington, DC. on Thursday, January 27, 2011: DEAR MR. SPEAKER: Pursuant to the per- yield myself such time as I may con- mission granted in Clause 2(h) of Rule II of H.R. 366, to provide for an additional sume. the Rules of the U.S. House of Representa- temporary extension of programs under Next September 11 will mark the 10- tives, the Clerk received the following mes- the Small Business Act and the Small year anniversary of the worst terrorist sage from the Secretary of the Senate on Business Investment Act of 1958, and attack on the U.S. in history. America February 2, 2011 at 12:00 p.m.: for other purposes. is fortunate not to have suffered an- That the Senate passed S. 188. other attack of such magnitude in the Appointments: f Migratory Bird Conservation Commission. past decade, but we must not take this ANNOUNCEMENT BY THE SPEAKER relative security for granted or let our President’s Export Council. PRO TEMPORE With best wishes, I am, safety become complacency. Sincerely, The SPEAKER pro tempore. Pursu- America is safe today not because KAREN L. HAAS. ant to clause 8 of rule XX, the Chair terrorists and spies have given up their

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 8, 2011 CONGRESSIONAL RECORD — HOUSE H521 goal to destroy our freedoms and our sions of the Patriot Act because of sec- The USA PATRIOT Improvement and way of life. We are safe today because tion 215 of the Patriot Act, which I’d Reauthorization Act of 2005 made per- the men and women of our Armed like to call to your attention. This is manent 14 of the 16 intelligence provi- Forces, our intelligence community, the act that allows a secret FISA court sions. The act extended the sunset on and our law enforcement agencies work to authorize our government to collect section 206 FISA roving wiretaps, sec- every single day to protect us. And business records or anything else, re- tion 215 FISA business records, and the Congress must ensure that they are quiring that a person or business lone wolf definition until the end of equipped with the resources they need produce virtually any type record. We 2009. to counteract continuing terrorist don’t think that that was right then. But the three remaining temporary threats. We don’t think it’s right now. And I provisions were not reauthorized before On February 28, three important pro- feel obligated to oppose any extension that deadline. Instead, the then-Demo- visions of the USA PATRIOT Act will of these expiring acts since we’ve had cratic majority chose twice to extend expire. These provisions give investiga- no hearings, no markup, no committee the provisions, first for 2 months and tors in national security cases the au- vote, nobody’s done anything about it. then for a year, without ever bringing thority to conduct ‘‘roving’’ wiretaps, They’re saying, well, ex-chairman, just a reauthorization bill to the floor. to seek certain business records, and to support this, and we’ll get to it after- This Congress, things will be dif- gather intelligence on lone terrorists ward. Well, I can’t go along with that. ferent. We must approve a temporary who are not affiliated with a known This provision is contrary to tradi- extension today to keep these critical terrorist group. These types of provi- tional notions of search and seizure national security tools in place. This sions have been used by domestic law which require the government to show extension will afford Congress suffi- enforcement agencies for years to ap- reasonable suspicion or probable cause cient time to hold hearings and mark- prehend typical criminals. It is com- before undertaking an investigation ups, then adopt a permanent reauthor- mon sense to give our national security that infringes upon a person’s privacy. ization of these provisions this year, investigators the same tools to fight And so I urge a ‘‘no’’ vote on the exten- which I intend to introduce soon. terrorists that our police officers have sion of these expiring provisions. The time for multiple temporary ex- to combat crime. I reserve the balance of my time. tensions is over. The terrorist threat The ongoing threat from al Qaeda Mr. SMITH of Texas. Mr. Speaker, I has not subsided and will not expire, and other terrorist groups continues. yield 5 minutes to the gentleman from and neither should our national secu- In the last few years, terrorists have Wisconsin (Mr. SENSENBRENNER), who rity laws. attempted to blow up a plane over De- is currently the chairman of the Crime, It is equally important that Congress troit; to bomb New York’s subway sys- Terrorism, and Homeland Security make permanent the lone wolf defini- tem; to destroy skyscrapers in Dallas, Subcommittee of the Judiciary Com- tion. This provision closes the gap in Texas, and Springfield, Illinois; and to mittee, and who previously, as chair- the FISA act and, if allowed to expire, detonate a car bomb in New York man of the Judiciary Committee itself, could permit an individual terrorist to City’s Times Square. Most of these was responsible for writing the Patriot slip through the cracks and carry out plots were thwarted thanks to the Pa- Act provisions. his plot undetected. When FISA was Mr. SENSENBRENNER. Mr. Speak- triot Act and other national security originally enacted in 1978, terrorists er, at the outset, let me say I’m a little laws. were believed to be members of an bit puzzled that my friend from Michi- The Patriot Act works. It has proved identified group. That’s not the case effective in preventing terrorist at- gan (Mr. CONYERS) is opposing the ex- tension of these three provisions of the today. tacks and protecting Americans. To let Today, more than ever, we are con- Patriot Act today because last year, he these provisions expire would leave fronted with threats from loosely orga- called up a Senate bill that provided every American less safe. We must con- nized terrorist groups or individuals tinue these intelligence-gathering for a year’s extension of these three provisions, and managed the time and who may subscribe to a movement or measures to win our fight against ter- certain beliefs but do not belong to or rorists. And President Obama agrees. voted for it. And after hearing his com- ments, I’m wondering why he has identify themselves with a specific ter- In a letter to Congress last month, rorist group. Without the lone wolf def- Director of National Intelligence Ad- changed his mind. In 19 days, three national security inition, our surveillance tools will be miral Clapper and Attorney General powerless to act against this growing Holder urged us to reauthorize the ex- laws will expire unless Congress votes to reauthorize them. H.R. 514 tempo- threat to America’s security. piring provisions, noting that they are Section 206 of the Patriot Act au- critical tools that ‘‘have been used in rarily extends these laws—FISA busi- ness records, roving wiretaps, and the thorizes the use of roving or multipoint numerous highly sensitive intelligence wiretaps for national security and in- collection operations.’’ lone wolf definition—until December 8 of this year. telligence investigations. This allows b 1430 As chairman of the House Judiciary the government to use a single wiretap This bill reauthorizes the expiring Committee in the last decade, I order to cover any communications de- provisions through December 8, 2011, oversaw the enactment of the USA PA- vice that the target uses or may use. the last day that the House of Rep- TRIOT Act in response to the 9/11 ter- Without roving wiretap authority, in- resentatives is scheduled to be in ses- rorist attacks. Title II of the act ad- vestigators would be forced to seek a sion. This extension serves two impor- dressed enhanced foreign intelligence new court order each time they need to tant functions. First, it ensures that and law enforcement surveillance au- change the location, phone, or com- these intelligence-gathering tools will thority. Sixteen sections of that title puter that needs to be monitored. remain available to national security were originally set to expire on Decem- Section 215 of the act allows the investigators. And second, it provides ber 31, 2005. Also set to expire on that FISA court to issue orders granting the Congress with the opportunity to en- date was section 6001 of the Intel- government access to business records gage in a thorough review of these pro- ligence Reform and Terrorism Preven- in foreign intelligence, international visions as we pursue and consider a tion Act of 2004, which is the lone wolf terrorism, and clandestine intelligence longer reauthorization. definition. cases. The 2005 act expanded the safe- I urge my colleagues to support our In 2005, I again spearheaded the effort guards against potential abuse of sec- ability to continue to protect Ameri- to reauthorize the Patriot Act. Recog- tion 215 authority and included addi- cans against terrorist plots and at- nizing the significance of the act to tional congressional oversight, proce- tacks. America’s counterterrorism operations dural protections, application require- Mr. Speaker, I reserve the balance of and the need for thorough oversight, ments, and judicial review. Each of my time. the House Judiciary Committee held 9 these provisions are integral to defend- Mr. CONYERS. Mr. Speaker, I yield subcommittee hearings, 3 days of full ing America’s national security and myself such time as I may consume. committee hearings, then a robust full must be kept intact. I reluctantly rise in nonsupport of committee markup reauthorizing legis- I urge my colleagues to join me in this provision to extend expiring provi- lation. passing H.R. 514.

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H522 CONGRESSIONAL RECORD — HOUSE February 8, 2011 Mr. CONYERS. Mr. Speaker, I am such people, but that is no reason to weakened in 1998, and then of course in pleased to yield 3 minutes to the gen- suspend all our laws under the pretext 2001. tleman from New York, JERROLD NAD- that this is a foreign intelligence oper- I think our reaction to the horrors of LER, who has been the chairman of the ation. 9/11—we can understand the concern Constitution Subcommittee longer While some have argued that each of and the fear that was developed, but I than any Member in the Congress. these authorities remain necessary think the reaction took us in the tools in the fight against terrorism and wrong direction, because the assump- b 1440 that they must be extended without tion was made of course that we Mr. NADLER. I thank the gentleman any modifications, others have coun- weren’t spending enough money on sur- for yielding. seled careful review and modification. veillance. Even though then our intel- I rise in opposition to this extension Some have even urged that we allow ligence agencies received $40 billion, of the expiring provisions of the Pa- some or all of these authorities to sun- that didn’t give us the right informa- triot Act and the Intelligence Reform set. I believe we should not miss the tion. So now we are spending $80 bil- and Terrorism Prevention Act. opportunity to review the act in its en- lion. But it also looks like the conclu- I cannot support this extension when tirety, to examine how it is working, sion was that the American people had the House has done nothing to consider where it has been successful, where it too much privacy, and if we undermine these provisions, or possible reforms, has failed, where it goes too far, and the American people’s privacy, some- or even to hold a hearing or a markup. where it may need improvement. That how or another we are going to be While in the past, Members have had is the purpose of sunsets, and to extend safer. the opportunity to receive classified it without review undermines that pur- I think another thing that has come briefings, we have dozens of new Mem- pose. up lately has been that the purpose of bers who have received no such brief- I have also introduced the National government is to make us perfectly ings. Security Letters Reform Act, which safe. Now, it is good to be safe, but gov- Section 215 authorizes the govern- would make vital improvements to the ernments can’t make us safe. I ques- ment to obtain ‘‘any tangible thing’’ current law in order to better protect tion whether or not we have been made relevant to a terrorism investigation, civil liberties while ensuring that NSLs safer by the Patriot Act. But let’s say even if there is no showing that the remain a useful tool in national secu- a law makes us somewhat safer. Is that ‘‘thing’’ pertains to suspected terror- rity investigations. I hope we can work a justification for the government to ists or terrorist activities. It is sweep- to strike that balance in a responsible do anything they want? For instance, if you want to be per- ing in scope, and the government is not and effective manner, but the record of fectly safe from child abuse and wife required to show reasonable suspicion the abuse of the NSL authority is too beating, the government could put a or probable cause before undertaking great for the Congress to ignore. camera in every one of our houses and investigation that infringes upon a per- I realize the majority has the votes our bedrooms, and maybe there would son’s privacy, including the records of to extend these provisions. I hope we be somebody made safer this way. But what he has read in the library. Con- will be able, after this vote, to examine what would you be giving up? gress should either ensure that things carefully the way these provisions have collected with this power have a mean- So perfect safety is not the purpose been used or abused, and to look at of government. What we want from ingful nexus to suspected terrorist ac- ways to reform the law in light of expe- tivity or allow the provision to expire. government is to enforce the law and rience. That was the purpose of sun- to protect our liberties. Section 206 provides for roving wire- sets, and I hope we can take advantage taps which permit the government to This, to me, has been, especially of that opportunity. since 9/11, a classical example of sacri- obtain intelligence surveillance orders Mr. SMITH of Texas. Mr. Speaker, ficing liberty for safety and security. that identify neither the person nor how much time remains on each side? Now, I didn’t invent those terms. They the facility to be tapped. This is sup- The SPEAKER pro tempore. The gen- have been around a long time. And it is posedly to update the law to deal with tleman from Texas has 12 minutes. The easily justified, and I can understand portable cell phones and the like and gentleman from Michigan has 15 min- it, because I was here in 2001 when this other modern technology, but it goes utes. came up, and people become fright- too far. Without the necessity to speci- Mr. SMITH of Texas. Mr. Speaker, I ened, and the American people want fy either the person or the facility to reserve the balance of my time. something done. But I think this is be tapped, this is, for all practical pur- Mr. CONYERS. Mr. Speaker, I am misdirected, and it doesn’t serve our poses, a general grant of authority to pleased to yield 3 minutes to the dis- benefits. wiretap anyone and anywhere the gov- tinguished gentleman from Texas, Mr. I think at this time we should really ernment wants. There are almost no RON PAUL. question why we are extending this. We limits to this authority and no require- (Mr. PAUL asked and was given per- are extending the three worst parts. ment that the government name a spe- mission to revise and extend his re- Why were these sunsetted? Because cific target. This is very akin to the marks.) people had concern about them. They old British general Writs of Assistance Mr. PAUL. Mr. Speaker, I rise in op- weren’t sure they were good pieces and which engendered the first colonial position to this bill. I was opposed to maybe they were overkill, and, there- outrage that led to the American Revo- the Patriot Act in 2001, and do not be- fore, they were saying we had better lution. lieve now that it is a good idea to ex- reassess it. Section 6001 of the Intelligence Re- tend it. So what have we done? We have al- form and Terrorism Prevention Act of The Fourth Amendment is rather ready extended it twice, and here we 2004, the so-called lone wolf provision, clear. It says that we should be secure are going to do it again, with the in- permits secret intelligence surveillance in our papers, our persons, our homes, tent, I think, in a year to reassess this. of non-U.S. persons whose are conced- and our effects; and, that if warrants But this bill doesn’t make things edly not affiliated with a foreign gov- are to be issued, we have to do it with worse, it doesn’t make anything better, ernment or organization. According to probable cause, and describe in par- but it does extend what I consider and government testimony, this provision ticular the places, the people, and the others consider bad legislation. I ask has never been used, yet it remains on things that we are going to look at. for a ‘‘no’’ vote on this legislation. the books. It has never been used be- I think what has happened, though, Mr. SMITH of Texas. Mr. Speaker, I cause there is ample other authority to over the years has been that we have yield 3 minutes to the gentleman from do that in any event. diluted the Fourth Amendment. It was Pennsylvania (Mr. DENT). Surveillance of an individual who is greatly diluted in 2001, but it started a Mr. DENT. Mr. Speaker, I thank the not working with a foreign government lot earlier than that. When the FISA gentleman for allowing me to speak on or organization is not what we nor- law was originally written in 1978, that this very important issue, the reau- mally understand as foreign intel- really introduced the notion that the thorization of the Patriot Act. For a ligence. There may be many good rea- Fourth Amendment was relative and variety of reasons, we need to reau- sons for government to keep tabs on not absolute. Later on, it was further thorize this bill.

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 8, 2011 CONGRESSIONAL RECORD — HOUSE H523 First and foremost, there are three the Subcommittee on Crime in the Ju- even reasonable suspicion or credible provisions I think we are all very fa- diciary Committee for 4 years. evidence of any wrongdoing and with- miliar with. It’s the lone wolf provi- Mr. SCOTT of Virginia. Mr. Speaker, out allowing the kind of detached over- sion, it’s the roving wiretaps of course, I rise in opposition to H.R. 514, which sight such as a court warrant which is which is something else that we very would extend for 1 year sweeping gov- generally called upon when such power much need to do, and also the business ernmental intrusions into our lives and over individuals is extended. records provision. privacy that were authorized by the The SPEAKER pro tempore. The With respect to roving wiretaps, I be- USA PATRIOT Act and the 2004 Intel- time of the gentleman has expired. lieve it has already been stated on this ligence Act. Without meaningful over- Mr. CONYERS. I yield the gentleman floor, but it should be stated once sight demonstrating that these ex- 30 additional seconds. again: Law enforcement has been using traordinary powers are needed, we Mr. SCOTT of Virginia. Absent these roving wiretaps for years against drug should not extend these provisions for oversight protections, even after the dealers and organized crime, I believe one full year, or for any period of time, fact in the case of emergencies, all since 1986. Extending that roving wire- for that matter; and I therefore oppose three provisions should be allowed to tap provision to terrorists makes good the bill. expire, unless we demonstrate in hear- sense. We have been doing it. We need I am opposed because I simply do not ings and oversight hearings that these to give law enforcement and our intel- accept the argument that in order to powers are necessary and narrowly tai- ligence services the tools they need to be safe, we necessarily have to sacrifice lored to achieve a compelling national take down these terror plots before our rights and freedoms. I agree with security interest. The freedoms and they become operational. That is why Benjamin Franklin, who stated during protections these provisions take away this extension is needed. the formation of our Nation that ‘‘they are the very core of our values and lib- The lone wolf provision, it should be who give up essential liberty to obtain erties, so these protections should not noted, is also important. Many of the a little temporary safety, deserve nei- be legislated away without rigorous types of plots we are trying to foil now ther liberty nor safety.’’ oversight to protect against abuse. are being carried out by lone wolves. One of the provisions in the bill reau- Mr. SMITH of Texas. Mr. Speaker, I Major Hasan is a good example. Jihad thorizes section 215 of the Patriot Act yield myself such time as I may con- Jane and others are lone wolves, and that gives the government power to se- sume. we need this capacity so that we can cretly invade our private records, such Mr. Speaker, there has been some pursue these lone wolves just as we as books we read at the library, by criticism today that section 215, busi- would individuals or terrorists who are merely alleging that they are relevant ness records authority, gives national part of a terrorist organization or an to a terrorism investigation, but with- security agencies too much access to agent of a foreign power. So that is ab- out having to show that the seized ma- confidential records, but section 215 solutely essential. terial is in connection with any spe- has more strict requirements than With respect to the issue of the busi- cific suspected terrorists or terrorist grand jury subpoenas used in criminal ness records, often people would say activities. There is no requirement to investigations. Unlike a grand jury that we are somehow trying to exam- show probable cause or even reasonable subpoena, which is not issued by a ine one’s library records, what books suspicion of being related to a specific judge, a 215 order can only be used by they are reading. That’s really not the act of terrorism, and therefore there is a FISA court judge. Section 215 only case. We know that 9/11 terrorists were no meaningful standard to judge grants terrorism investigators the using public library computers. We whether or not the material is in fact power to get records held by third par- knew that they were also using univer- necessary. ties, such as a hotel or car rental sity library computers to make plane Another provision of H.R. 514 is sec- records. reservations as well as to confirm tion 206 of the Patriot Act, which is re- Also there has been criticism that those reservations. So the idea is to be ferred to as the ‘‘roving John Doe wire- section 215 violates Fourth Amendment able to access one’s business records. tap provision.’’ It gives the government protections against unreasonable That’s what we are after, to make sure the power to wiretap a phone conversa- searches and seizures. However, a re- that we cannot only apprehend or go tion without having to show which quest for business records held by a after that individual who is planning phone will be used or even who will be third party is not a search under the an attack but also that cell or that using it and without requiring a court Fourth Amendment. The target of an network of individuals with whom that order for the specific roving tap. investigation does not own the records individual may be working. That is The third provision is section 6001 of and therefore has no reasonable expec- why we need this issue of business the Intelligence Reform and Terrorism tation of privacy in them. Section 215 records contained in this reauthoriza- Prevention Act of 2004, referred to as cannot be used to acquire records of tion. the ‘‘lone wolf’’ provision. It gives the U.S. persons based solely on First In fact, I am not even certain that government the power to spy on indi- Amendment protected activity. the word ‘‘library’’ appears anywhere viduals in the United States who are Mr. Speaker, I reserve the balance of in the Patriot Act. Nevertheless, this not U.S. citizens or permanent resident my time. has been dubbed the library provision, aliens even though they are not agents Mr. CONYERS. Mr. Speaker, no one which really it is not. of a foreign government or any ter- has worked more carefully on this mat- For all of these reasons, I think it is rorist organization. Unfortunately, ter than DENNIS KUCINICH, the distin- critically important that we continue this means that if those targeted have guished gentleman from Cleveland. to provide our law enforcement with any interaction with an American cit- I yield the gentleman 21⁄2 minutes. the tools they need, our intelligence izen, then that U.S. citizen is spied Mr. KUCINICH. Thank you very services with the tools they need to upon as well. much, Mr. CONYERS. I certainly appre- stop terrorism. We cannot tie the We already allow spying on such non- ciate that. hands of local law enforcement. We are citizens outside of the United States or I will certainly never seek to impugn asking them to do more and more. even in the United States where there the feelings of those who say that we The critics of this legislation often is probable cause that they are agents have to have the PATRIOT Act in say we need to let law enforcement of a foreign government or members of order to protect our country. We are fight these battles. This gives them the a terrorist organization, but this is an all patriots here, and we all want tools. I urge passage and support for extension of that power which could America to be protected; but we have this reauthorization of the Patriot Act. envelop anybody simply as a result of to recognize our constitutional experi- the occasion of interacting with a tar- ence here and the reason why we have b 1450 geted person even while we are in the a Fourth Amendment that protects Mr. CONYERS. Mr. Speaker, I am United States. people not just from unreasonable pleased to yield 3 minutes to the dis- The three provisions give the govern- search and seizure, but from unwar- tinguished gentleman from Virginia ment power to invade our privacy even ranted intrusion by the government (Mr. SCOTT), who has been the chair of when there is no probable cause nor into their lives.

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H524 CONGRESSIONAL RECORD — HOUSE February 8, 2011 When we look at our constitutional this had the authority to have over- Mr. SMITH of Texas. Mr. Speaker, I experience and all of the efforts that sight hearings. There was only one of have no further requests for time, and made it and built up to it, we didn’t them in the last Congress. Compare I reserve the balance of my time. hear ‘‘give my liberty or give me a that to the nine subcommittee hear- Mr. CONYERS. Mr. Speaker, I am wiretap.’’ We didn’t hear ‘‘don’t tread ings, three full committee hearings, proud now to yield 2 minutes to a sen- on me, but it is okay to spy.’’ What we and the full markup that we had in 2006 ior member of the committee from heard was a ringing declaration about when this side of the aisle had the ma- Houston, Texas, Ms. SHEILA JACKSON freedom, and it was enshrined in the jority. The people who have been doing LEE. Constitution. the oversight have been the Repub- Ms. JACKSON LEE of Texas. I thank I stood on the floor of the House way licans, not the Democrats. The people the distinguished chairman and the back when the Patriot Act came for- who know this law is making Ameri- ranking member of this committee. ward, voted against it because I read it cans safer are the Republicans, and the I want to remind my colleagues of a and understood that it opened up the Democrats once again are complaining. singly important moment when those door for a broad reach and possibilities Mr. CONYERS. Mr. Speaker, I am of us who were Republican and Demo- of broad reach by the government into pleased to yield 2 minutes to the gen- crat came together after 9/11, and out our daily lives. tleman from New Jersey (Mr. HOLT). of this Judiciary Committee came a singular initiative that dealt with the The gentleman from Wisconsin, who b 1500 is my friend, correctly pointed out ear- crisis which we are facing. Mr. HOLT. I thank the gentleman. I have in my hand the Constitution; lier the difference between National Mr. Speaker, the powers of intel- Security Letters and the Patriot Act. and I am reminded that when the ligence and enforcement are among the Founding Fathers came together and But it also is true that section 505 of most important powers of government, the Patriot Act gave the government declared that we all were created but also the most fearsome. They must equal, they, too, were concerned about the ability to greatly expand who could be wielded very, very carefully. For treason, spying, the undermining of issue a national security letter, so decades, our government routinely has government, and maybe even the much so that nearly 50,000 national se- collected information on potential for- threat of violence. As we well know curity letters were issued by the FBI in eign threats through various forms of how this country came into being, we 2006, I think the year was. They don’t surveillance. These collection activi- had to fight a war; yet they had in this have to use section 215 of the Patriot ties enjoy broad bipartisan support in Constitution the rights of the Fourth Act. They can just invoke the national our country because of their value in Amendment that we would be pro- security letter authority and reach helping to protect American citizens tected against unreasonable search and into people’s financial records, their and interests. seizure; a Fifth Amendment of due medical letters, their reading material. However, in the 1960s and 1970s, these process; and they believed that Ameri- What is happening to our country? collection capabilities were turned on cans should be protected. Why are we giving up our basic lib- the American people and executive This bill, however, comes to the floor erties? We need to take a stand here, branch agencies engaged in spying on again without amendments. And I’m and this is as good a day as any to take the American public, sometimes even very proud to say that over the series a stand. Many Members of Congress, for political purposes. The ensuing pub- of my tenure on the Judiciary Com- including those supported by my lic backlash triggered the adoption of mittee I have submitted very vital and friends in the tea party, maintain their legal reforms that gave us laws to help important amendments to protect the goal is to get rid of big government, prevent a repeat of these abuses. civil liberties of Americans, as well as get government out of their lives. Well, Subsequently, the tragedy of Sep- to recognize the responsibility of all of how about the Patriot Act, which has tember 11, 2001, gave proponents of ex- us to secure this Nation. the broadest reach and the deepest tended domestic surveillance a power- I’m a member of the Homeland Secu- reach of government into our daily ful political and rhetorical weapon, rity Committee. I am not unmindful of lives? Shouldn’t we be thinking about which they used to reduce constitu- the everyday threats that we receive, that? tional protections against surveillance but this bill would extend provisions Some want to get government out of and seizures without appropriate war- that were created in 2005, that also health care. Some want to get govern- rants. were included in the intelligence re- ment out of retirement security. How When the Congress passed the Pa- form bill. It extends a provision that about getting government out of peo- triot Act in March of 2006, it included allows for a roving electronic surveil- ple’s bedrooms, out of people’s finan- sunset requirements of three provisions lance authority and a provision revis- cial records, out of people’s medical that you’ve heard about today. Since ing the definition of an ‘‘agent of for- records? 2005, I’ve voted against extending these eign power’’ to include any non-U.S. Vote ‘‘no’’ on extending the Patriot and other provisions because these pro- person who engages in international Act. visions are overly broad and frequently terrorism or preparatory activities, Mr. SMITH of Texas. Mr. Speaker, I abused while still not improving truly also known as the ‘‘lone wolf,’’ without yield such time as he may consume to the security of the American people. protections. As a member of Homeland the gentleman from Wisconsin (Mr. My concerns are supported by the rev- Security, I recognize that that is vital, SENSENBRENNER). elations of abuses of those authorities but there needs to be a variety of pro- Mr. SENSENBRENNER. Mr. Speak- during hearings of the House Judiciary tections. The other provisions, of er, there has been a lot said about na- Committee in 2009 and in multiple re- course, are ones that invade privacy tional security letters. The authority ports issued by the Inspector General and create a lack of recognition that for them was made permanent in 2006. of the Department of Justice. we have a Constitution to abide by. It is not a part of this bill, so we ought The bill before us today does nothing So I would ask my colleagues as we to completely forget about the com- to fix these problems or prevent future move on this legislation to remember plaints about national security letters. abuses. This bill does not raise the it has not been amended; remember we What I will say is that in the 2006 re- standards for intelligence collection to have lived under a Constitution that authorization of the Patriot Act there ensure that the right people are tar- protects civil liberties; and also re- were provisions in it to give recipients geted in the first place. The law was member it took a lawsuit to allow of a national security letter the right not meant to sunset so that we could someone to say they had gotten a na- to obtain judicial review; and I am periodically reauthorize it, unchanged. tional security letter. proud of that fact because I think We’re now on the verge of the third We must do things in a constitu- whatever constitutional infirmities ‘‘temporary’’ extension, with no rem- tional manner, Mr. Speaker; and I there were in this part of the Patriot edies for the flaws identified by this would argue we’re not doing it in this Act, they were solved. body and the Department of Justice In- legislative initiative. I ask my col- Now, we hear an awful lot about no spector General. leagues to vote ‘‘no’’ on this legisla- oversight. The people on the other side For all of these reasons, I urge Mem- tion; go back to the Judiciary Com- of the aisle who are complaining about bers to vote ‘‘no.’’ mittee and abide by the Constitution.

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 8, 2011 CONGRESSIONAL RECORD — HOUSE H525 Mr. Speaker, I rise today to express my op- We have been faced with this type of legis- vestigatory powers within the borders of the position to the H.R. 514, ‘‘To extend expiring lation before. On August 3, 2007, I stood be- United States. Moreover, according to govern- provisions of the USA PATRIOT Improvement fore you on the House floor discussing the ment testimony, this provision has never been and Reauthorization Act of 2005 and Intel- Foreign Intelligence Surveillance Act, FISA, used. Because of the potential for abuse cre- ligence Reform and Terrorism Prevention Act another piece of law essential to combating ated by this provision, and the lack of need for of 2004 relating to access to business records, the war on terror, but one that was in need of its existence, it, too, should be allowed to ex- and individual terrorists as agents.’’ improvements to protect Americans’ constitu- pire. This bill would extend provisions of the USA tionally enshrined civil liberties. On that day, I All three of these provisions have been ex- PATRIOT Improvement and Reauthorization said that, ‘‘we must ensure that our intel- amined and amended in the past because Act of 2005, and the Intelligence Reform and ligence professionals have the tools that they they were in dire need of improvements to Terrorism Prevention Act of 2004 through De- need to protect our Nation, while also safe- protect the rights of Americans. I was against cember 8, 2011. It extends a provision that al- guarding the rights of law-abiding Americans,’’ these provisions, as written, in the past, and lows a roving electronic surveillance authority, and I stand firmly behind that notion today. without amendments, I am still against them and a provision revising the definition of an When we were considering FISA, there today. ‘‘agent of a foreign power’’ to include any non- were Fourth Amendment concerns around se- Finally, H.R. 514 fails to amend other por- U.S. person who engages in international ter- cret surveillance and secret searches, which tions of the PATRIOT act in dire need of re- rorism or preparatory activities, also known as were kept permanently secret from the Ameri- form, specifically, those issues relating to the the ‘‘lone wolf provision.’’ It also grants gov- cans whose homes and conversations were issuance and use of national security letters, ernment access to business records relating to targeted. There were also concerns such se- NSLs. NSLs permit the government to obtain a terrorist investigation. cret searches intended for non-U.S. citizens, the communication, financial and credit As a member of the Homeland Security could be used to target Americans. records of anyone deemed relevant to a ter- Committee, I understand and appreciate the I offered amendments to ensure that any rorism investigation even if that person is not importance of national security, and the chal- surveillance of an American is done through suspected of unlawful behavior. I repeat, even lenges we face as we strive to protect our na- established legal procedures pursuant to FISA if that person is not suspected of unlawful be- tion from foreign threats. However, as an and the FISA court authority, and to ensure havior. American citizen, I am deeply concerned when that the Foreign Intelligence Surveillance As an American citizen, the security and our Constitutional rights run the risk of being Court is indispensable and would play a infringed upon in the name of national secu- safety of my constituency is pinnacle, but I will meaningful role in ensuring compliance with never stand for legislation that infringes on the rity. our Constitution. I stand here today urging my To win the war on terror, the United States basic rights afforded in our Constitution. When colleagues to consider allowing similar amend- must remain true to the founding architects of our founding fathers drafted the Constitution, ments to the PATRIOT Act that better protect this democracy who created a Constitution after living under an oppressive regime in Brit- Americans’ right to privacy before moving this which enshrined an inalienable set of rights. ain, they ensured that the American people legislation out of the House of Representatives These Bills of Rights guarantee certain funda- would never experience such subjugation. and onto the other legislative body. mental freedoms that cannot be limited by the Where are the protective measures for our citi- The three expiring provisions of the PA- government. One of these freedoms, the zens in the PATRIOT act? Why are the meas- TRIOT Act that H.R. 514 would extend Fourth Amendment, is the right of the people ures addressed in the last Congress not in- overstep the bounds of the government inves- to be secure in their persons, houses, papers, cluded in the bill? tigative power set forth in the Constitution. and effects against unreasonable searches Instead of reauthorizing these provisions, One provision authorizes the government to and seizures. Congress should conduct robust, public over- We do not circumvent the Fourth Amend- obtain ‘‘any tangible thing’’ relevant to a ter- sight of all surveillance tools and craft reforms ment, or any other provision in the United rorism investigation, even if there is no show- that will better protect private communications States Constitution, merely because it is in- ing that the ‘‘thing’’ pertains to suspected ter- from overbroad government surveillance. convenient. While the PATRIOT Act is in- rorists or terrorist activities. This provision, There is nothing more important than pro- tended to improve our ability to protect our na- which was addressed in the Judiciary Com- viding the United States of America, especially tion, it needs to be revised and amended to mittee during the 111th Congress, runs afoul our military and national security personnel, reflect the democratic principles that make this of the traditional notions of search and sei- the right tools to protect our citizens and pre- country the crown jewel of democracy. The bill zure, which require the government to show vail in the global war on terror. Holding true to before us today, however, does not do that. In ‘‘reasonable suspicion’’ or ‘‘probable cause’’ our fundamental constitutional principles is the fact, even the manner by which are even con- before undertaking an investigation that in- only way to prove to the world that it is indeed sidering this bill, only days after introduction fringes upon a person’s privacy. Congress possible to secure America while preserving without any oversight hearings of mark-ups, must ensure that things collected with this our way of life. circumvents the process we have in place to power have a meaningful nexus to suspected Because of the negative privacy implications allow for improvements and amendments to terrorist activity. If we do not take steps to im- of extending all of these provisions, I ask my be made. prove this provision, then it should be allowed colleagues to please join me in opposing H.R. Furthermore, this bill was considered last to expire. 514, a bill to extend expiring provisions of the year in the 111th Congress, and went through Another provision, known commonly as the USA PATRIOT Improvement and Reauthoriza- oversight hearings and two days of mark-up in ‘‘roving John Doe wiretap,’’ allows the govern- tion Act of 2005 and Intelligence Reform and the Judiciary Committee. Yet, none of those ment to obtain intelligence surveillance orders Terrorism Prevention Act of 2004 relating to voted-on, bipartisan amendments that resulted that identify neither the person nor the facility access to business records, and individual ter- from those hearings are included in this bill. In to be tapped. Like the first provision, this, too, rorists as agents. was addressed in the Judiciary Committee those hearings, multiple concerns were raised [From the American Civil Liberties Union, about the breadth of the PATRIOT Act and the during the last Congress, and is also contrary Aug. 10, 2010] to traditional notions of search and seizure, leeway it gives to infringe upon an individual’s NATIONAL SECURITY LETTER RECIPIENT CAN privacy and civil liberties. which require government to state ‘‘with par- SPEAK OUT FOR FIRST TIME SINCE FBI DE- In the mark-up, I personally introduced ticularity’’ what it seeks to search or seize. If MANDED CUSTOMER RECORDS FROM HIM amendments that would allow for greater this provision were given the opportunity to be NEW YORK.—The FBI has partially lifted a transparency in the PATRIOT Act and en- amended and improved, it should be done so gag it imposed on American Civil Liberties hanced protection against violation of individ- to mirror similar and longstanding criminal Union client Nicholas Merrill in 2004 that uals’ civil liberties. None of my amendments, laws that permit roving wiretaps, but require prevented him from disclosing to anyone or those introduced by any of my colleagues, the naming of a specific target. that he received a national security letter are included in this legislation. None of the pri- The third provision that H.R. 514 would ex- (NSL) demanding private customer records. vacy concerns or civil liberty infringement tend is the ‘‘lone wolf’ provision, which permits Merrill, who received the NSL as the presi- issues that were raised in those hearings have secret intelligence surveillance of non-U.S. dent of an Internet service provider (ISP), can now reveal his identity and speak about even been addressed. I am deeply concerned persons who are not affiliated with a foreign his experience for the first time since receiv- that my colleagues on the other side of the organization. This type of authorization, which ing the NSL. The ACLU and New York Civil aisle are considering overlooking the very is only granted in secret courts, is subject to Liberties Union filed a lawsuit challenging valid concerns of the American people, without abuse, and threatens our longtime under- the NSL statute and the gag order on behalf so much as a hearing. standings of the limits of the government’s in- of Merrill (then called John Doe) in April

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H526 CONGRESSIONAL RECORD — HOUSE February 8, 2011 2004, which resulted in numerous court rul- National Security Letters Reform Act, and prevent terrorist acts. The Patriot ings finding the NSL statute unconstitu- aimed at reigning in abuse of the power. The Act is an effective tool in the war on tional. Merrill was the first person ever to ACLU has called on Congress to reform the terror. As terrorists show no signs of challenge an NSL in court. remaining constitutional defects of the NSL ending their plots, neither should our ‘‘After six long years of not being able to gag power and reject Obama proposals to ex- tell anyone at all what happened to me—not pand the NSL statute. laws that stop them be allowed to sun- even my family—I’m grateful to finally be In addition to Goodman, attorneys on the set. This temporary extension will fa- able to talk about my experience of being case are Jameel Jaffer of the national ACLU cilitate further review and reauthoriza- served with a national security letter,’’ said and Arthur Eisenberg of the NYCLU. tion of these provisions. Merrill. ‘‘Internet users do not give up their Mr. CONYERS. I yield the balance of Mr. Speaker, this extension is sup- privacy rights when they log on, and the FBI my time to the distinguished gen- ported by the Obama administration. I should not have the power to secretly de- urge my colleagues to support this ex- mand that ISPs turn over constitutionally tleman from Georgia (Mr. JOHNSON), a protected information about their users member of the Judiciary Committee. tension as well. without a court order. I hope my successful The SPEAKER pro tempore. The gen- Mr. STARK. Mr. Speaker, I rise today to challenge to the FBI’s NSL gag power will tleman from Georgia is recognized for once again oppose the reauthorization of ex- empower others who may have received 21⁄2 minutes. piring provisions in the Patriot Act. NSLs to speak out.’’ Mr. JOHNSON of Georgia. Mr. Speak- Last month, Republican leaders gave Mem- NSLs are secret record demands the FBI er, I rise in opposition to H.R. 514, bers of Congress the chance to read the Con- issues to obtain access to personal customer which would reauthorize expiring pro- stitution on the floor of the House. Perhaps we records from ISPs, libraries, financial insti- tutions and credit reporting agencies with- visions of the Patriot Act without im- skipped over the Bill of Rights, because the out court approval or even suspicion of portant modifications necessary to provisions we’re extending today are a direct wrongdoing. Because the FBI can gag NSL safeguard our civil liberties. While the infringement on Americans’ constitutional recipients to prohibit them from disclosing threat of terrorism is real, and law en- rights. anything about the record demands they re- forcement must have the right tools to This legislation grants the federal govern- ceive, the FBI’s use and potential abuse of protect Americans, any counterterror- ment sweeping authority to pry into the private the NSL power has been shrouded in exces- ism measure must have a solid con- lives of Americans. Federal authorities have sive secrecy. the power to access private records like library While the NSL served on Merrill stated stitutional footing and respect the pri- that he was prohibited from telling anyone vacy and civil liberties of the Amer- records or credit card statements, even if it’s about it, he decided to challenge the demand ican people. not related to a terrorism investigation. Au- in court because he believed that the FBI This legislation fails to address thorities can receive wiretapping permits with- was ordering him to turn over constitu- shortcomings in the original Patriot out specifying who or what they’re going to tionally protected information about one of Act legislation, and for that reason I wiretap. Secret intelligence courts can author- his clients. Because of the FBI-imposed gag, will vote against it. One of the major ize law enforcement to spy on foreigners who Merrill was prohibited from talking about problems with this bill is its failure to are not connected to terrorist groups. the NSL or revealing his identity and role in address the issuance and use of na- Many of my colleagues were elected based the lawsuit until today, even though the FBI abandoned its demand for records from Mer- tional security letters. These letters on their rhetoric opposing more power to the rill more than three years ago. permit the government to obtain the federal government. Today’s vote gives them In December 2008, the Second Circuit Court communications of anyone deemed rel- a chance to put their money where their of Appeals, ruling in Merrill’s case, found evant to a terrorism investigation, mouths are, and say no to giving government that some of the NSL statute’s gag provi- even if that person is not suspected of the power to violate Americans’ civil liberties. sions were unconstitutional because they unlawful behavior. If Congress reau- I urge my colleagues to oppose this bill. wrongly placed the burden on NSL recipients thorizes these provisions with no Mr. MCDERMOTT. Mr. Speaker, I voted to challenge gag orders, narrowly limited ju- against the PATRIOT Act in 2001, voted dicial review of gag orders and required changes, Americans will remain sub- courts to defer entirely to the executive ject to warrantless intrusions into against its extension in 2005, and will again branch. The appeals court sent the case back their personal affairs—a gross over- vote against it again today. The PATRIOT Act to the U.S. District Court for the Southern reach of Federal investigative author- was sold as a measure to ensure the safety District of New York and ordered the govern- ity that could be abused. It’s just not of the American people. Instead, the PATRIOT ment to justify the constitutionality of the how we do things in this country. Act has served primarily to subvert funda- gag on Merrill. On July 30, the parties Rather than taking the time to craft mental rights afforded to American citizens. reached a settlement in the case. As part of reforms that will better protect private A plain extension of the PATRIOT Act, with- that settlement, the FBI agreed that Merrill citizens’ communications and privacy out revisiting its many problems and abuses, could now identify himself as the John Doe NSL recipient. from overbroad government surveil- is a huge mistake and missed opportunity to ‘‘We are thrilled that Nick will finally be lance, the Republican majority simply truly protect our country against terrorism and able to speak out about why he took the cou- wants to cram this bill through with- do so in the confines of the Constitution. rageous step of challenging the FBI’s NSL out providing any opportunity for any- Freedom does not have to be compromised power. Thanks to Nick’s actions, courts have one to offer amendments that improve to defend liberty. Continuing to weaken funda- now recognized the need for judicial over- the bill. We all acknowledge that law mental American principles will not leave us sight of the government’s dangerous NSL enforcement needs new tools to keep more secure, but instead more vulnerable. gag power,’’ said Melissa Goodman, staff at- torney with the ACLU National Security up with 21st century threats; but sure- Through mutual trust and fearlessness, we Project. ‘‘But even though this case has re- ly it is the responsibility of Congress can progress together. sulted in significant improvements to NSL to reexamine legislation that was hur- It is time to stop extending the PATRIOT procedures, innocent Americans’ private riedly passed through Congress in the Act and restore full American freedoms and records remain too vulnerable to secret and wake of 9/11 to make sure it lives up to liberty to our citizens. warrantless data collection by the FBI. At a our national ideals. Mr. SMITH of Texas. I yield back the minimum, the FBI should have to show indi- Because this bill fails to contain any balance of my time. vidual suspicion before it issues an NSL for checks and balances to prevent law en- The SPEAKER pro tempore. The an individual’s personal information and in- forcement abuse and protect civil lib- question is on the motion offered by vades Americans’ right to privacy and free speech on the Internet.’’ erties, I will be voting against it, and I the gentleman from Texas (Mr. SMITH) While misuse and abuse of the NSL power urge my colleagues to do the same. that the House suspend the rules and has been widely documented, the Obama ad- The SPEAKER pro tempore. The gen- pass the bill, H.R. 514. ministration is now seeking to expand the tleman from Texas has 71⁄2 minutes re- The question was taken. statute to allow the FBI to demand even maining. The SPEAKER pro tempore. In the more records without court approval. In Mr. SMITH of Texas. I yield myself opinion of the Chair, two-thirds being July, the Obama administration proposed to the balance of my time. in the affirmative, the ayes have it. expand the statute to allow the FBI to get Mr. Speaker, extending the expiring Mr. CONYERS. Mr. Speaker, on that Americans’ Internet activity records without provisions of the Patriot Act will en- court approval or even suspicion of wrong- I demand the yeas and nays. doing. sure that America’s law enforcement The yeas and nays were ordered. In 2009, Congressmen Jerrold Nadler (D– officials and intelligence agents are The SPEAKER pro tempore. Pursu- NY) and Jeff Flake (R–AZ) reintroduced the equipped to identify terrorist threats ant to clause 8 of rule XX and the

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 8, 2011 CONGRESSIONAL RECORD — HOUSE H527 Chair’s prior announcement, further The Honorable Mazie K. Hirono of Hawaii [Roll No. 26] The Honorable Lucille Roybal-Allard of proceedings on this motion will be YEAS—277 postponed. California Thank you for your attention to these ap- Ackerman Gohmert Noem f pointments. Adams Goodlatte Nugent Aderholt Gosar Nunes b 1510 Sincerely, NANCY PELOSI, Akin Gowdy Nunnelee House Democratic Leader. Alexander Granger Olson COMMUNICATION FROM THE Altmire Graves (MO) Palazzo DEMOCRATIC LEADER Austria Griffin (AR) Pascrell f The SPEAKER pro tempore laid be- Baca Griffith (VA) Paulsen Bachmann Grimm Pearce fore the House the following commu- COMMUNICATION FROM THE Bachus Guinta Pence nication from the Honorable NANCY DEMOCRATIC LEADER Barletta Guthrie Perlmutter PELOSI, House Democratic Leader: Barrow Hall Peters The SPEAKER pro tempore laid be- Barton (TX) Harman Peterson FEBRUARY 8, 2011. fore the House the following commu- Bass (NH) Harper Petri Hon. JOHN BOEHNER, nication from the Honorable NANCY Benishek Harris Pitts Speaker of the House, U.S. Capitol, Berg Hartzler Platts PELOSI, House Democratic Leader: Washington, DC. Berkley Hastings (FL) Poe (TX) DEAR SPEAKER BOEHNER: Pursuant to the FEBRUARY 8, 2011. Biggert Hastings (WA) Pompeo National Foundation on the Arts and Hu- Hon. JOHN BOEHNER, Bilbray Hayworth Price (GA) manities Act of 1965 (20 U.S.C. 955(b) note), I Speaker of the House, Bilirakis Heck Quayle am pleased to re-appoint the Honorable U.S. Capitol, Washington, DC. Bishop (GA) Heinrich Quigley Betty McCollum of Minnesota to the Na- DEAR SPEAKER BOEHNER: Pursuant to Sec- Bishop (NY) Hensarling Rahall tional Council on the Arts. tion 4 of the Ronald Reagan Centennial Com- Black Herger Reed Blackburn Herrera Beutler Reichert Thank you for your attention to this ap- mission Act (Public Law 111–25), I am pleased Bonner Higgins Renacci to appoint the Honorable Silvestre Reyes of pointment. Bono Mack Hinojosa Reyes Sincerely, Texas to the commission. Boren Holden Ribble NANCY PELOSI, Thank you for your consideration of this Boswell Hoyer Rigell House Democratic Leader. appointment. Boustany Huelskamp Rivera Sincerely, Brady (TX) Huizenga (MI) Roby f NANCY PELOSI, Brooks Hunter Rogers (AL) COMMUNICATION FROM THE House Democratic Leader. Buchanan Hurt Rogers (KY) DEMOCRATIC LEADER Bucshon Inslee Rogers (MI) f Buerkle Israel Rokita The SPEAKER pro tempore laid be- Burgess Issa Rooney fore the House the following commu- Burton (IN) Jenkins Ros-Lehtinen RECESS Calvert Johnson (OH) Roskam nication from the Honorable NANCY The SPEAKER pro tempore. Pursu- Camp Johnson, Sam Ross (AR) PELOSI, House Democratic Leader: ant to clause 12(a) of rule I, the Chair Canseco Jordan Ross (FL) NANCY PELOSI, Cantor Keating Rothman (NJ) declares the House in recess until ap- Capito Kelly Royce DEMOCRATIC LEADER, proximately 6:30 p.m. today. Cardoza Kind Runyan February 8, 2011. Accordingly (at 3 o’clock and 12 min- Carnahan King (IA) Ruppersberger Hon. JOHN BOEHNER, utes p.m.), the House stood in recess Carney King (NY) Ryan (WI) Speaker of the House, U.S. Capitol, Wash- Carter Kinzinger (IL) Scalise ington, DC. until approximately 6:30 p.m. Cassidy Kissell Schiff DEAR SPEAKER BOEHNER: Pursuant to Sec- Castor (FL) Kline Schmidt tion 4404(c)(2) of the Congressional Hunger f Chabot Lance Schock Fellows Act of 2002 (2 U.S.C) 1161, I am Chaffetz Landry Schwartz pleased to re-appoint Mr. James P. McGov- b 1830 Chandler Langevin Scott (SC) ern of Worcester, Massachusetts to the Coble Lankford Scott, Austin Coffman (CO) Scott, David Board of Trustees of the Congressional Hun- Larsen (WA) AFTER RECESS Cole Latham Sensenbrenner ger Fellows Program. Conaway LaTourette Sessions Thank you for your attention to this ap- The recess having expired, the House was called to order by the Speaker pro Connolly (VA) Latta Sewell pointment. Cooper Lee (NY) Shimkus Sincerely, tempore (Mrs. EMERSON) at 6 o’clock Costa Levin Shuler NANCY PELOSI, and 30 minutes p.m. Courtney Lewis (CA) Shuster House Democratic Leader. Cravaack Lipinski Simpson f Crenshaw LoBiondo Sires f Critz Long Smith (NE) EXTENDING COUNTERTERRORISM Cuellar Lowey Smith (NJ) COMMUNICATION FROM THE Culberson Lucas Smith (TX) DEMOCRATIC LEADER AUTHORITIES Davis (CA) Luetkemeyer Smith (WA) The SPEAKER pro tempore. Pursu- Davis (KY) Lummis Southerland The SPEAKER pro tempore laid be- Denham Lungren, Daniel Stearns fore the House the following commu- ant to clause 8 of rule XX, the unfin- Dent E. Stivers nication from the Honorable NANCY ished business is the vote on the mo- DesJarlais Lynch Stutzman PELOSI, House Democratic Leader: tion to suspend the rules and pass the Diaz-Balart Manzullo Sullivan bill (H.R. 514) to extend expiring provi- Dicks Marino Terry NANCY PELOSI, Dold Matheson Thompson (PA) DEMOCRATIC LEADER, sions of the USA PATRIOT Improve- Donnelly (IN) McCarthy (CA) Thornberry February 8, 2011. ment and Reauthorization Act of 2005 Dreier McCarthy (NY) Tiberi Hon. JOHN BOEHNER, and Intelligence Reform and Terrorism Duffy McCaul Tipton Speaker of the House, U.S. Capitol, Wash- Prevention Act of 2004 relating to ac- Duncan (SC) McCotter Tsongas ington, DC. Ellmers McHenry Turner cess to business records, individual ter- Emerson McIntyre Upton DEAR SPEAKER BOEHNER: Pursuant to Sec- rorists as agents of foreign powers, and Farenthold McKeon Van Hollen tion 4(b) of House Resolution 5, 111th Con- Fincher McKinley Walberg gress, I am pleased to appoint the following roving wiretaps until December 8, 2011, on which the yeas and nays were or- Flake McMorris Walden members to the House Democracy Partner- Fleischmann Rodgers Walsh (IL) ship: dered. Fleming McNerney Webster The Honorable David E. Price of North The Clerk read the title of the bill. Flores Meehan West Carolina The SPEAKER pro tempore. The Forbes Mica Westmoreland The Honorable Lois Capps of California question is on the motion offered by Fortenberry Miller (FL) Whitfield Foxx Miller (MI) Wilson (SC) The Honorable Rush D. Holt of New Jersey the gentleman from Texas (Mr. SMITH) The Honorable Allyson Y. Schwartz of Franks (AZ) Miller (NC) Wittman that the House suspend the rules and Frelinghuysen Miller, Gary Wolf Pennsylvania Gallegly Mulvaney Womack The Honorable Donald M. Payne of New pass the bill. The vote was taken by electronic de- Gardner Murphy (CT) Yarmuth Jersey Gerlach Murphy (PA) Yoder The Honorable Sam Farr of California vice, and there were—yeas 277, nays Gibbs Myrick Young (FL) The Honorable Keith Ellison of Minnesota 148, not voting 9, as follows: Gingrey (GA) Neugebauer Young (IN)

VerDate Mar 15 2010 01:46 Aug 16, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 C:\DISC2\H08FE1.REC H08FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE