Statement of the Honorable Chris Van Hollen (D-MD) on HR 514 – Extending Expiring Provisions of the USA Patriot Act
Washington,
Feb 14, 2011 -
Mr. Speaker:
I rise in support of HR 514, a limited bill to extend three Patriot Act counterterrorism authorities scheduled to expire at the end of this month through December of this year. I do so to ensure our intelligence and law enforcement communities continue to have the tools they need to protect American citizens while Congress works to reform this currently flawed law.
The authorities being extended in today’s legislation include Section 6001 of the Intelligence Reform and Terrorism Act, also known as the “lone wolf” amendment, which allows surveillance of non-citizens engaged in international terrorism apart from identified terrorist groups; Section 206 of Patriot Act, which permits roving surveillance of terrorism suspects who use multiple communication devices to thwart detection; and Section 215 of the Patriot Act, which compels production of business records and other tangible items upon the approval of the FISA court.
Of these three authorities, the current construction of the Section 215 “tangible items” authority is the most problematic. Specifically, the “relevance” standard that must be met under this authority is too weak. Recipients of Section 215 orders are required to wait a year before challenging a nondisclosure order. And the government can use secret evidence to oppose judicial challenges to a Section 215 order.
I believe Section 215 and other Patriot Act authorities should be reformed along the lines of Senator Patrick Leahy’s USA Patriot Act Sunset Extension Act. Additionally, the Justice Department and Congress must exercise more oversight over the application of these authorities to ensure that they are being exercised responsibly. It is critically important that, in our effort to defend the liberties that Americans cherish, we not enact measures that erode the very freedoms we seek to protect.
Thank you. I yield back the balance of my time.
Congressman Chris Van Hollen
