Simpson Supports Patriot Act Reauthorization in House

Date: Dec. 14, 2005
Location: Washington, DC


Simpson Supports Patriot Act Reauthorization in House

Washington, D.C. - Idaho Congressman Mike Simpson today supported House passage of the Conference Report on H.R. 3199 - the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005. The legislation, which extends provisions of the USA PATRIOT Act that were set to expire later this year, makes numerous changes to the original bill, permanently reauthorizes several expiring provisions, and places new four-year sunsets on sections 206 and 215. The Conference Report passed by a vote of 251-174.

"I know this bill won't satisfy everyone's concerns, but I believe it provides a proper balance between protecting the American people from terrorism and protecting them from infringements on their civil liberties," said Simpson. "The original PATRIOT Act greatly increased our nation's ability to share intelligence information, made better use of technology, and provided terrorism investigators tools that have long been available in cases involving illegal drugs and organized crime. The provisions of this bill are vitally important to protecting our nation's citizens, institutions, and landmarks from the scourge of international terrorism."

Among its many new civil liberties protections, the Conference Report:
· Requires that for delayed-notice search warrants notice of the search be given within 30-days of its execution, unless the facts justify a later date, eliminating the open-ended period of delay permissible under current law;
· Requires a description of a specific target in both the application and court order for roving wiretaps;
· Requires the FBI to notify the court within 10-days after beginning surveillance of any new phone for roving wiretaps;
· Requires a statement of facts showing reasonable grounds to believe that the records sought in business records searches are relevant to an authorized investigation of international terrorism or espionage;
· Explicitly guarantees the right for recipients of business records orders to consult legal counsel and seek judicial review;
· Limits the scope of business records orders to materials that could be obtained via grand jury subpoena or a similar court order for the production of records;
· Requires additional reporting to Congress and the public regarding business records orders;
· Allows recipients of National Security Letters to consult legal counsel;
· Creates an explicit right to judicial review of National Security Letter requests;
· Permits a reviewing court to modify or set aside a National Security Letter if compliance would be unreasonable, oppressive, or otherwise unlawful - the same standard used to modify or quash a subpoena in a criminal case;
· Requires the Department of Justice Inspector General to conduct two comprehensive audits of the FBI's use of National Security Letters and two separate audits of the FBI's use of business records orders;
· Adds a new sunshine provision that requires annual public reporting on National Security Letters.

In explaining why he supported the Conference Report, Simpson stressed the degree to which the PATRIOT Act has been subjected to Congressional oversight and the new, improved civil liberties protections in the bill. "The PATRIOT Act has been subjected to an unprecedented level of scrutiny over the past four years," said Simpson. "This year alone, the PATRIOT Act was the subject of 12 oversight hearings with 35 witnesses. In response to this scrutiny, the Conference Report includes substantial new civil liberties safeguards that should satisfy even the most skeptical civil libertarians."

While acknowledging some initial reservations about the way in which the PATRIOT Act might impact civil liberties, Simpson said that after meeting with the Justice Department on several occasions, studying the original bill, and seeing the new protections it contains, he believes its civil liberties safeguards are sufficient. "I've put a lot of time into studying the bill and asked the Justice Department a lot of tough questions. What I've learned is that the PATRIOT Act's detractors are exaggerating the impact of the bill's provisions on civil liberties and that their claims are often misinformed," said Simpson. "Quite frankly, there are no documented abuses of the PATRIOT Act and plenty reasons to believe it has saved American lives. Make no mistake about it, we're in a decades-long war against terrorism, both here and abroad, and we need every tool the PATRIOT Act provides to keep our nation both safe and free."

http://www.house.gov/apps/list/press/id02_simpson/patriot_act.html

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