House Committee Reins In Patriot Act Provisions; Calls Made for Hearing on Amending Material Support Statute

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After two days of debate, the House Judiciary Committee gave its stamp of approval to legislation that would reauthorize two of the three expiring Patriot Act provisions related to counter terrorism investigations. Passed by a vote of 16-10, the USA PATRIOT Amendments Act of 2009 (H.R. 3845)  is preferred by many civil liberty and privacy advocates to the version passed by the Senate Judiciary Committee.  Additionally, discussion led by Representative Sheila  Jackson-Lee (D-TX) of expanding the humanitarian exemption to the material support statute to include items such as food, water or conflict resolution training led to the request for a hearing to explore the matter further. 

A statement released by the Committee’s Chairman, John Conyers (D-MI), said, "Our legislation passed today preserves government legal powers where they are needed most, but reins in some of the most problematic aspects of existing law.  This bill greatly protects the privacy and freedom of Americans, while preserving critical surveillance powers and operations." 

The significant changes to the Patriot Act include:

• The government must have concrete facts showing that the information is connected to a terrorist or foreign agent before issuing a National Security Letter (NSL) to get it.
• The "lone wolf" provision is allowed to sunset. This never used provision allows surveillance of non-US citizens not working on behalf of a foreign government.
• Creates  new reporting, audit, and oversight provisions that will ensure Congress will continue to get the information needed for real congressional oversight of the executive’s surveillance operations.

The focus will now return to the Senate, where the Senate Judiciary Committee's bill (S. 1692) will soon be on the floor, and to the House Intelligence Committee, which will soon be considering its own competing Patriot bill.

A more detailed analysis about the bill passed out of the House Judiciary Committee is available at OMB Watch's House Judiciary Committee Approves Strong PATRIOT Act Reform

Humanitarian Aid Amendment

Rep. Jackson-Lee offered an amendment that would have changed the criminal law prohibiting material support of terrorism to allow U.S. organizations to provide urgent humanitarian aid to people in need. Understanding that the security and image of the U.S. can be improved by responding to human tragedies with humanitarian aid, she called for changing the laws that prevent aid programs and services from reaching those who need it most. She asked “what sense does it make to bar these people [the charitable sector]?” Rep. Tammy Baldwin (D-WI) was also supportive of the themes raised by Jackson-Lee’s amendment.  
 
While the amendment was withdrawn after Rep. Jerrold Nadler (D-NY) raised technical concerns, Jackson-Lee requested a hearing to be held on amending the material support statute. Additionally, she sought to add the issue to a list of things the committee will discuss with the Department of Justice. 
 
See the Charity and Security Network's The USA PATRIOT Act, Material Support and the Humanitarian Imperative: The Need for a Humanitarian Exemption for more information.