Rep. F. James Sensenbrenner Jr. Holds a Hearing On Patriot Act Reauthorization

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Rep. F. James Sensenbrenner Jr. Holds a Hearing On Patriot Act Reauthorization

HOUSE COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE ON CRIME, TERRORISM AND HOMELAND SECURITY HOLDS A HEARING ON THE REAUTHORIZATION OF THE PATRIOT ACT

MARCH 9, 2011

SPEAKERS: REP. F. JAMES SENSENBRENNER JR., R-WIS. CHAIRMAN REP. LOUIE GOHMERT, R-TEXAS REP. J. RANDY FORBES, R-VA. REP. ROBERT W. GOODLATTE, R-VA. REP. DAN LUNGREN, R-CALIF. REP. TED POE, R-TEXAS REP. SANDY ADAMS, R-FLA. REP. JASON CHAFFETZ, R-UTAH REP. TREY GOWDY, R-S.C. REP. TIM GRIFFIN, R-ARK. REP. TOM MARINO, R-PA. REP. BEN QUAYLE, R-ARIZ. REP. LAMAR SMITH, R-TEXAS EX OFFICIO

REP. ROBERT C. SCOTT, D-VA. RANKING MEMBER REP. STEVE COHEN, D-TENN. REP. HANK JOHNSON, D-GA. RES. CMMSR. PEDRO R. PIERLUISI, D-P.R. REP. SHEILA JACKSON LEE, D-TEXAS REP. MIKE QUIGLEY, D-ILL. REP. TED DEUTCH, D-FLA. REP. JUDY CHU, D-CALIF. REP. DEBBIE WASSERMAN SCHULTZ, D-FLA. REP. JOHN CONYERS JR., D-MICH. EX OFFICIO

WITNESSES: TODD HINNEN ACTING ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY

ROBERT LITT GENERAL COUNSEL OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

NATHAN SALES ASSISTANT PROFESSOR OF LAW GEORGE MASON UNIVERSITY

JULIAN SANCHEZ RESEARCH FELLOW CATO INSTITUTE

[*] SENSENBRENNER: The subcommittee with come to order and welcome to today's hearing on the reauthorization of the PATRIOT Act. And I would like to especially welcome our witnesses and thank you for joining us today. Presently I'm joined by the distinguished ranking member and chairman emeritus of the subcommittee Bobby Scott of Virginia. There will be more members that will be coming later on. I yield myself five minutes for an opening statement.

Today's hearing on the reauthorization of the PATRIOT Act will focus on three provisions set to expire May 27th. Section 206 roving authority, Section 215 business records, and the lone wolf definition. (Inaudible) approved a 90-day extension of these provision to ensure their continued used by the intelligence community. The extension also affords this committee the opportunity to review how this present provisions are used and how to assist our national security investigations and to ensure that they're not being misused.

The committee plans to hold an additional hearing later this month on the permanent provision of the PATRIOT Act. As then the chairman of the house judiciary committee I oversaw the enactment of USA PATRIOT Act in response to the 911 terrorist attacks. Title II of the act addressed and enhance foreign intelligence and law enforcement surveillance authority, 14 of the 16 sections of that title were made permanent by the 2005 PATRIOT Act Reauthorization.

The Roving Wire Tap and business records provisions were extended to December 31st, 2009 and also set to expire on that date was Section 6001 of the intelligence reform on terrorist prevention act of 2004 which we call IRTPA at the lone wolf definition. Congress did not enact the reauthorization in 2009. Instead the expiring provisions were extended three times, first for 60 days then for a year then now for 90 days and it's time for Congress to reauthorize this law.

Congress should make permanent the lone wolf definition. This provision closes a gap in FISA that if allowed to expire could permit and additional terrorist to slip through the cracks and carry out his plot undetected. It has nothing to do whatsoever with any type of surveillance on these people that is in other parts of the Act. When FISA was originally enacted in 1978 America was concerned largely with collecting intelligence from foreign nations such as the Soviet Union or terrorist groups like the FARC in Columbia.

Therefore the law authorized intelligence gatherings of foreign powers and their agents. The intelligence landscape has changed dramatically in the last 30 years. Today we are confronted with threats from individuals who may subscribe to certain beliefs but do not belong to a specific terrorist group. Without the lone wolf definition our surveillance tools will be powerless against this growing threat to America's se...

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