HARMAN COSPONSORS CONYERS, NADLER, SCOTT BILL TO NARROW EXPIRING
PATRIOT ACT PROVISIONS

Lawmaker applauds tightening of language on National Security Letters and roving wiretaps, and elimination of “lone wolf” authority”

Washington, D.C. -- Rep. Jane Harman (D-Venice), Chair of the Homeland Security Intelligence Subcommittee, issued the followed statement after signing-on as an original co-sponsor of the USA Patriot Amendments Act of 2009:

I often say that security and liberty are not a zero-sum game.  We either get more of both, or less.  When the PATRIOT Act was passed months after 9/11 by a vote of 357-66, most people – including me – were concerned we would be attacked again soon.

I still believe the threat of attack is real.  But, with the passage of time, we have been able to assess whether the new tools granted to the Bush Administration have been effective.  Congress wisely sunseted some PATRIOT Act provisions, and this legislation rightly narrows two of these and allows the third to expire.  These actions are good policy.

Specifically, the Conyers, Nadler, Scott, Harman bill:

• Tightens the standard for National Security Letters (NSLs) by requiring written certification that reasonable grounds exist to believe that the information sought pertains to a foreign power or agent of a foreign power;
• Improves procedures for an NSL recipient to challenge the “gag order” associated with the letter;
• Clarifies that roving wiretaps are limited to a single identifiable target; and
• Allows the “lone wolf” provision – which has never been used and for which existing Title III authority can suffice – to expire at the end of this year.

I commend President Obama and the Justice Department for inviting Congress to review and amend these expiring provisions, and I believe the Leahy-Feinstein bill reported by the Senate Judiciary Committee is an improvement.  But the Conyers-Nadler-Scott-Harman bill goes further and should attract substantial support.  I urge its passage.

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