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Lofgren Victory in Gaining Investigation of PATRIOT Act

January 28, 2005
Media Contact: Heather Wong, 202.225.3072

Congresswoman Zoe Lofgren (D-San Jose) gained the commitment of the House Judiciary Committee to hold hearings on the implementation of the controversial Patriot Act. The review would be of the entire act, including those provisions set to expire at the end of this year. Rep. Lofgren succeeded in adding an amendment to the scheduled work plan of the House Judiciary Committee this week when the Committee committed to a series of oversight hearings on the USA PATRIOT Act. Rep. Lofgren also convinced the Committee to commit to hearings on the FBI’s role in domestic and international counter-terrorism.

Critics have noted the lack of “oversight” of the Administration’s utilization of the Patriot Act as well as the climate of secrecy surrounding anti-terrorism efforts generally. These hearings could be a vital first step towards the elimination of some parts of the PATRIOT Act. The House Judiciary Committee’s 109th Congress Oversight Report sets the agenda for the Committee for the next two years.

The following are the two relevant portions of the Judiciary Committee’s 109th Oversight Report:

USA PATRIOT Act. With some of the provisions of the USA PATRIOT Act set to expire at the end of 2005, the Subcommittee will continue to examine the Department of Justice’s implementation of the USA PATRIOT Act to detect, investigate, and prevent terrorist attacks without undue intrusions on privacy and civil liberties, including the use of the Attorney General’s Investigative Guidelines, detention authorities, data mining as an investigative tool, and money laundering regulations. The Subcommittee (and full Committee) will conduct a series of classified and non-classified hearings before the August recess to examine whether the expiring provisions of the USA PATRIOT Act should be renewed. Among the areas of inquiry will be a review of the effectiveness of the USA PATRIOT Act powers and how responsibly they have been applied by the Department. In addition, the Subcommittee (and full Committee) will conduct a series of classified and non-classified hearings before the August recess to examine whether changes should be made to non-expiring provisions of the USA PATRIOT Act, including expanded surveillance powers such as pen register searches and roving wiretaps and delayed notice search warrants.

The Federal Bureau of Investigation. As the largest federal law enforcement agency, the Federal Bureau of Investigation (FBI) will be the subject of much of the Subcommittee’s oversight activities. Among the areas of inquiry will be a review of the FBI’s implementation of its reorganization plan, new security policies, its use of the law enforcement tools provided by the USA PATRIOT Act, intelligence activities, the role of the FBI in domestic and international counter-terrorism efforts, and coordination with state and local law enforcement. Additionally, the Subcommittee will continue to monitor the FBI’s efforts to update its computer systems.
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