Conference Report on H.R. 3199, USA Patriot Improvement and Reauthorization Act of 2005
CONFERENCE REPORT ON H.R. 3199, USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005 -- (House of Representatives - December 14, 2005)
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Ms. DEGETTE. Mr. Speaker, I was unavoidably absent from the vote today on H.R. 3199, the ``USA PATRIOT Improvement and Reauthorization Act of 2005'' due to a family medical emergency. Had I been present and voting, I would have voted ``no'' on this bill as I have steadfastly opposed similar versions of the PATRIOT Act when they have come up in the past.
Make no mistake, like all Americans I believe we should give law enforcement the tools it needs to investigate and fight terrorism. However, we can do this without sacrificing our American values. One of our most precious values is the right to be free from unwarranted government intrusion.
I voted against the original PATRIOT Act when it passed Congress in 2001 because it went too far in creating the potential for government abuses and violations of civil liberties. The bill today makes permanent almost all of the provisions enacted in 2001. While some have been altered to make them slightly less egregious, not enough has changed to allow me to lend my support to this reauthorization.
For example, section 109 of H.R. 3199 makes some changes to section 215 of the original PATRIOT Act, which expanded what the government could seize under the Foreign Intelligence Surveillance Act, FISA, of 1978 to ``any tangible things.'' These include library, medical, tax, and gun records. The bill today maintains the weak threshold adopted in the original PATRIOT Act by again failing to require the materials requested be tied or connected to a specific terrorist or terrorist organization. The broad standard in current law makes it dangerously easy for the records of innocent Americans to be viewed by government. Additionally, recipients of requests for information under section 215 are prevented from telling virtually anyone about the request and they cannot challenge this ``gag order'' in court.
While this bill at least includes a 4-year sunset for section 215, there is no sunset for section 505, which expanded the power of government to obtain information via national security letters, NSLs. NSLs allow the government, with no prior court approval, access to financial records, credit reports, telephone records, and information from internet service providers. As with section 215, this bill fails to require the materials requested be tied or connected to a specific terrorist or terrorist organization. Tragically, this weak standard is made permanent. There is no sunset. Also, as is true under section 215, there is a ``gag order'' under section 505. While H.R. 3199 adds a new ability to challenge this ``gag order,'' it is a sham. Violating this gag order even carries criminal penalties.
The bill also fails to adequately reform section 213 of the original PATRIOT Act, which expanded ``sneak and peek'' warrant authority. This allows the government to search American homes or businesses with delayed, not prior, notice. While the bill today does change the delay in notice allowed from a ``reasonable time'' to no more than 30 days, the bill allows for unlimited extensions. Limitations on instances in which delayed notice searches are allowed to remain broad. To protect our rights and privacy, the ability for the government to get into our personal lives and records without prior notice needs to be more narrowly crafted.
These are just some examples of the problems with H.R. 3199. I am confident that if we work together, we can develop laws which would allow us to combat terrorism without making it too easy for government to intrude into the private lives of Americans.
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