Patriot Sunsets Extension Act of 2011

Floor Speech

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Ms. SCHAKOWSKY. Mr. Speaker, I do not support S. 990, which extends three controversial PATRIOT Act provisions. There is a much better way to safeguard our national security without jeopardizing the privacy and civil liberties of American citizens. This legislation reauthorizes these sections of the PATRIOT Act without making necessary improvements, and it fails to even address other problematic practices, including the use of National Security Letters.

Among the provisions included in this extension is Section 215, which expands the government's ability to private, confidential records, without showing probable cause or direct connection to a foreign power or agent. This includes library, and bookstore records, as well as highly personal information such as medical records.

In addition to my concerns about what is in this bill, I am concerned about what is not in it. Instead of engaging in a real debate about reforming the PATRIOT Act, we are simply continuing the bad policies of the past. Tonight's bill fails to address the widespread use (and abuse) of National Security Letters. The National Security Letters provisions of the PATRIOT Act, which drastically expand government authority to demand private records without prior court approval, have been used hundreds of thousands of times since 2001.

There is another way to protect our citizens, without treading on their rights. Congressman Conyers has offered an alternative proposal, H.R. 1805, laying out a compromise approach to improving the PATRIOT Act. I am a cosponsor. Congressman Conyers' legislation, which has the support of the Obama Administration and the intelligence community, as well as bipartisan Senate support, reauthorizes the three expiring provisions for two and a half years, rather than the six-year extension in S. 990. It makes critical improvements to prevent the abuse of fundamental civil liberties, including tightening the requirements on roving wiretaps (and eliminating the so-called ``John Doe Roving Wiretap,'' under which the government can obtain surveillance orders that identify neither the person nor the facility to be tapped).

In addition, for the first time, Congressman Conyers' bill sunsets the use of National Security Letters (NSL) and makes a number of changes to abusive NSL practices. H.R. 1805 strengthens the factual basis required for use of an NSL, clarifies the standards for including a gag order in an NSL, and improves public reporting on the number of NSLs issued each year.

I do not believe that these invasive authorities should be extended in the absence of real improvement in the civil liberties protections. As a member of the Intelligence Committee, I know that we can protect our citizens without treading on their rights. We do not have to choose between our security and our values. Instead, we should pass legislation that grants the intelligence community the tools they require while also protecting the rights and liberties of all Americans.

The Acting CHAIR. The time of the gentlewoman has expired.

Ms. SCHAKOWSKY. We're talking about poor seniors and middle class people.

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