Statement of Administration Policy: H.R. 514 - Extending Expiring Provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004

(House)

(Rep. Sensenbrenner, R-Wisconsin, and 2 cosponsors)

The Administration strongly supports extension of three critical authorities that our Nation's intelligence and law enforcement agencies need to protect our national security. These authorities, which expire as of February 28, 2011 absent extension, are: (1) section 206 of the USA PATRIOT Act, which provides authority for roving surveillance of targets who take steps that may thwart Foreign Intelligence Surveillance Act ("FISA") surveillance; (2) section 215 of the USA PATRIOT Act, which provides authority to compel production of business records and other tangible things with the approval of the FISA court; and (3) section 6001 of the Intelligence Reform and Terrorism Prevention Act, which provides authority under FISA to target non-U.S. persons who engage in international terrorism or activities in preparation therefor, but are not necessarily associated with an identified terrorist group (the so-called "lone wolf" amendment).

The Administration would strongly prefer enactment of reauthorizing legislation that would extend these authorities until December 2013. This approach would ensure appropriate congressional oversight by maintaining a sunset, but the longer duration provides the necessary certainty and predictability that our Nation's intelligence and law enforcement agencies require as they continue to protect our national security. However, the Administration does not object to H.R. 514, which, if enacted, would extend these authorities through December 8, 2011.