|Sponsor||Rep. Sensenbrenner, F. James Jr.|
|Date||February 17, 2011 (112th Congress, 1st Session)|
|Staff Contact||Sarah Makin|
The motion to Concur in the Senate Amendment to H.R 514 is expected to be considered on the House floor on Thursday, February 17, 2011, under a rule (H. Res. 93), allowing one hour of floor debate.
On February 25, 2010, the House passed a one year reauthorization of several expiring provisions of the PATRIOT Act via H.R. 3961, the Medicare Physician Payment Reform Act of 2009. The three provisions below are set to expire on February 28, 2011:
(1) Business Records Provision (the So-Called "Library Provision"—Section 215 of the PATRIOT Act): This provision allows the FBI to apply to the FISA court for an order granting access to tangible items—including books, records, papers, and other documents—in foreign intelligence, international terrorism and clandestine intelligence cases. In order to ensure protection against abuses of Section 215 authority, the USA PATRIOT Reauthorization Act of 2005 contains several conditions including Congressional oversight, procedural protections, application requirements and a judicial review process. Several of the 9-11 terrorists used public computers to review their September 11th plane tickets. Some Members have expressed that in the context of intelligence or terrorism investigations—and only in that context—investigators should have the authority to request a court order to review business records.
(2) Roving Wiretaps Provision (Section 206 of the PATRIOT Act): This provision authorizes U.S. Foreign Intelligence Surveillance court (FISA) orders for multipoint or "roving" wiretaps for foreign intelligence investigations. A "roving" wiretap applies to an individual and allows the government to use a single wiretap order to cover any communications device that the suspect uses or may use. This type of wiretap differs from a traditional criminal wiretap that only applies to a particular phone or computer used by a target. Without roving wiretap authority, investigators would be forced to seek a new court order each time they need to change the location, phone or computer that needs to be monitored. Terrorists and foreign spies use multiple communications devices to evade detection. Some Members have expressed that roving wiretaps are necessary in intelligence investigations to ensure that investigators do not lose track of critical information from suspects under surveillance.
(3) "Lone Wolf" Provision (Section 6001 of Intelligence Reform Act): This provision amends the definition of "agent of a foreign power" to include individual foreign terrorists who may not be directly affiliated with a foreign power or international terrorist organization. This provision would prevent terrorists who work on their own from escaping surveillance simply because they are not agents of a foreign power or avowed members of an international terrorist group. This provision ONLY applies to foreign terrorists or agents of a foreign power.
SENATE AMENDMENT SUMMARY
The Senate amendment to H.R. 514 would reauthorize the three expiring provisions of the Patriot Act for 90 days, until May 27, 2011. The House passed version of H.R. 514 would have reauthorized the provisions until December 8, 2011.
As of press time, the Congressional Budget Office has not produced an official score of the legislation.