USA Patriot and Terrorism Prevention Reauthorization Act of 2005

USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005 -- (House of Representatives - July 21, 2005)

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Mr. OTTER. Mr. Chairman, in my rush to get over here, I had not realized that the chairman had already accepted this amendment, and I thank the chairman for that. But there are a couple of thoughts that I would like to add to the discussion that have already been provided.

Mr. Chairman, I thank my colleague, the gentleman from Arizona (Mr. Flake), who is cochair of the PATRIOT Act Caucus with myself. I know the gentleman from Arizona (Mr. Flake) and the chairman worked very hard in committee to make sure that they came out with a product that would at least not be as bad as it was when we first passed it in 2001. I thank the gentleman from Arizona (Mr. Flake) and also the gentleman from Wisconsin (Chairman Sensenbrenner).

Mr. Chairman, I rise in support of this amendment, and I appreciate the opportunity to discuss this issue today as we engage in one of the most important debates that we will have during the 109th Congress--that is, how to ensure that neither our national security nor the individual liberties guaranteed by our Constitution are sacrificed to the threat of terrorism.

The amendment we are offering today narrows the scope of so-called ``sneak-and-peek'' delayed notification search warrants and reins in the far-reaching power that we hastily gave the federal government in the frightening and chaotic days following the 9/11 attacks. We have often heard that ``sneak and peek'' warrants were used before the passage of the USA PATRIOT Act, and I recognize that the courts have upheld their use in limited and extraordinary circumstances.

However, it deeply disturbs me that in codifying this practice we did not employ the notification procedure upheld by most courts before the PATRIOT Act or practice due caution in an effort to protect our Fourth Amendment rights. Instead, we took this already questionable practice and made it the standard rather than the exception.

Our amendment today is an important step toward reinstituting those precious checks and balances that make this a valuable tool for protecting security instead of a threat to the liberties that are given by our Creator, recognized by the Framers and embodied in our Constitution.

One of my basic concerns with the way that sneak-and-peek was crafted under the PATRIOT Act is the extraordinarily broad list of situations in which the power can be used. Section 213 of this Act lists circumstances, including threat to life and destruction of evidence, in which notification of the execution of a search warrant may be delayed. I understand that these are extreme situations which may call for extraordinary tools. However, the last provision of this list is so vague, so broad, and so all-encompassing that it essentially expands the use of this tool to any investigation in which it would be easier for law enforcement to deny suspects the Constitutional right of notification.

Our amendment today takes one of the first steps toward rectifying this serious flaw in the original PATRIOT Act language by eliminating part of this ``catch-all'' provision. In addition, it includes reporting language so that we in Congress know when delayed notification is requested and in what circumstances it is used. Armed with this knowledge, we will be better able to conduct proper oversight to ensure that this tool is used to protect personal freedoms while it advances the cause of preventing and prosecuting terrorism.

In the Fourth Amendment, the Framers endorsed the principle that it is the government's role to protect our right to individual privacy, not to encroach upon it. This idea of individual rights--that each person is created uniquely and with certain inalienable rights that government cannot take away--is the most basic expression of who we are as a nation and a people.

That is why it is so vital that this amendment becomes law. While I confess that I would have liked to see stronger language protecting our Fourth Amendment rights included as part of this bill, I am pleased that with this amendment we have the opportunity to reinstate some of the constitutional safeguards that were compromised during passage of the PATRIOT Act.

Such a move would strengthen rather than weaken our ability to fight against those who wish to destroy the essence of what it means to be an American.

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