Question of the Week: PATRIOT Act

These questions are culled from phone calls, letters, faxes and e-mails sent to Rep. Gallegly's Thousand Oaks, Solvang, and Washington offices. Each week Rep. Gallegly adds another question and answer. Please add your comments.

Week ending February 18, 2011

Question: Why did the PATRIOT Act need to be voted on again this week?

Answer: Securing our borders and ensuring the safety of our citizens must be our top priorities. At the same time, we must also ensure that our constitutional rights are protected. Shortly after the 9/11 terrorist attacks, Congress enacted the USA PATRIOT Act to provide enhanced investigative tools to help prevent future terrorist attacks. Among other provisions, the PATRIOT Act gave the Foreign Intelligence Surveillance Act (FISA) Court more authority to issue warrants.

FISA Courts have been established to allow the U.S. government to get warrants when gathering information for foreign intelligence investigation. FISA Courts may authorize electronic surveillance or physical searches.

Three of the provisions of the PATRIOT Act were made temporary to allow Congress the opportunity to periodically review them:

• The so-called "lone wolf" provision, which allows the Foreign Intelligence Surveillance Act (FISA) court to issue warrants that non-U.S. citizens, who are not affiliated with a known terrorist organization, but who are reasonably suspected of engaging in terrorist activity. A number of alleged "lone wolves" have been captured over the past few years, underlining the need for this provision.
• The provision that allows the FISA court to issue “roving” wiretaps (i.e., wiretaps which may follow a target even when he or she changes phones). This provision is important because often terrorists periodically change phones to thwart wiretaps.
• Finally, the PATRIOT Act allows the government to obtain records from Internet providers and telephone companies regarding patterns of calls and communications. This provision does not allow the government to actually listen to phone calls or read e-mail messages.

Although these three provisions were initially set to expire in 2005, a 2005 reauthorization measure set a new sunset date of December 31, 2009. They have been extended several times and were set to expire on February 28, 2011.

President Obama requested that Congress extend these provisions again. On February 15, the Senate passed H.R. 514, which would extend these Patriot Act provisions until May 27, 2011. I supported this bill when it passed the House of Representatives by a vote of 279 to 143 on February 17.

For more information on my positions on terrorism, please visit my Terrorism issues page.

For previous Questions of the Week chronologically and by topic, please see my Questions of the Week page.