Extending Counterterrorism Authorities

Floor Speech

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Mr. SCOTT of Virginia. I thank the gentleman for yielding.

Mr. Speaker, I rise in opposition to H.R. 514, which would extend for 1 year sweeping governmental intrusions into our lives and privacy that were authorized by the USA PATRIOT Act and the 2004 Intelligence Act. Without meaningful oversight and committee deliberations demonstrating that these extraordinary powers are needed, we should not extend these provisions for one full year, or for any period of time for that matter, and I therefore oppose the bill.

I am opposed because I simply do not accept the argument that, in order to be safe, we necessarily have to sacrifice our rights and freedoms. I agree with Benjamin Franklin, who stated during the formation of our Nation: ``They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.''

One of the provisions in the bill reauthorizes section 215 of the Patriot Act, which gives the government power to secretly invade our private records, such as books we read at the library, by merely alleging that they are relevant to a terrorism investigation but without having to show that the seized material is in connection with any specific suspected terrorists or terrorist activities.

There is no requirement to show probable cause or even reasonable suspicion of being related to a specific act of terrorism, and therefore, there is no meaningful standard to judge whether or not the material is, in fact, necessary.

Another provision of H.R. 514 is section 206 of the Patriot Act which is referred to as the ``roving John Doe wiretap provision.'' It gives the government the power to wiretap a phone conversation without having to show which phone will be tapped or even who will be using it, and without requiring a court order for a specific roving tap.

The third provision is Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, referred to as the lone wolf provision. It gives the government the power to spy on individuals in the United States who are not U.S. citizens or permanent resident aliens, even though they are not agents of a foreign government or any terrorist organization. Unfortunately, this means that if those targeted had any interaction with an American citizen, then that American citizen is spied upon as well.

We have already allowed spying on such noncitizens outside of the United States or even in the United States where there is probable cause, only that they are agents of a foreign government or members of a terrorist organization, but this is an extension of that power that can envelop anybody simply as a result of the occasion of interacting with a targeted person, even while in the United States.

The three provisions give the government power to invade our privacy even when there is no probable cause, nor even reasonable suspicion or credible evidence of any wrongdoing, and without allowing the kind of detached oversight such as a court warrant, which is generally called upon when such power over individuals is extended. And it is important to note that in cases of emergencies, warrants can be obtained after the fact. Law enforcement officials can perform wiretaps and searches in emergency situations and then get a warrant.

So, Mr. Speaker, absent oversight protections, even when after the fact warrants are available, all three of these provisions should be allowed to expire unless we demonstrate in oversight hearings and committee deliberations that these powers are necessary and narrowly tailored to achieve a compelling national security interest. These freedoms and protections that these provisions take away are the very core of our values and liberties. So these protections should not be legislated away without committee deliberations guaranteeing rigorous oversight to protect against abuse.

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