Defense & Homeland Security

ISSUES & LEGISLATION

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As our troops are fighting courageously overseas, I will continue working to ensure they are provided with the tools necessary to accomplish their mission and that their families are taken care of back home.

Shortly after the attacks of September 11, I introduced the USA PATRIOT Act in the House as a method to better keep America safe by enhancing the tools our law enforcement officials could use to thwart another terrorist attack.

In 2011, Congress reauthorized three provisions that were scheduled to sunset to ensure law enforcement officers have the tools they need to protect our country and do their jobs. Since originally enacted, these three provisions have been scrutinized to the fullest extent of the law, and have always been found constitutional.

Section 206 of the USA PATRIOT Act provides for roving surveillance of targets who take measures to thwart Foreign Intelligence Surveillance Act (FISA) surveillance. 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, wasting valuable time.
Section 215 of the USA PATRIOT Act allows the FBI to apply to the FISA court to issue orders granting the government access to any tangible items in foreign intelligence, international terrorism and clandestine intelligence cases. The USA PATRIOT Improvement and Reauthorization Act of 2005 significantly expanded the safeguards against potential abuse of Section 215 authority, including additional Congressional oversight, application requirements and judicial review. When last reported by the Administration, this provision had been used more than 230 times to keep us safe.
Section 6001 of the Intelligence Reform and Terrorist Prevention Act of 2004 offers a definition for a ‘lone wolf’ agent of a foreign power and also allows a non-United States person who ‘engages in international terrorist activities’ to be considered an agent of a foreign power under FISA, even though the specific foreign power remains unidentified. When FISA was originally enacted in the 1970s, terrorists were believed to be members of an identified group. That is no longer the case and we need to respond accordingly.

REAL ID is another piece of legislation I introduced, that was signed into law, to ensure that terrorists and criminals cannot take advantage of weaknesses in state drivers’ license requirements to disguise or create identities.

In 2011, the 9/11 Commission offered a Tenth Anniversary assessment of our nation’s Homeland Security operations. The report offers a scathing and haunting critique of Secretary Napolitano’s decision to delay implementation of the REAL ID standards. As the Report Card said, pushing back compliance to 2013 leaves Americans vulnerable to attack and makes us less safe. I continue to urge the Obama Administration and Secretary Napolitano to heed the Commission’s warning and move our national security standards forward, not backward.