F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield 5 minutes to the gentlewoman from Georgia.

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Alabama (Mr. Davis).

Mr. SENSENBRENNER. Mr. Speaker, I yield 10 minutes to the gentleman from Michigan (Mr. Conyers) and ask unanimous consent that he be allowed to yield portions of that time to whomever he chooses.

Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume to the gentleman from Illinois (Mr. Hastert), the distinguished Speaker of the House.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of House Resolution 655, a resolution that honors the life and the accomplishments of Mrs. Coretta Scott King, her contributions as a leader in the struggle for civil rights, and express condolences to the King family on her passing. Mrs. Coretta Scott King, wife of the late Reverend Dr. Martin Luther King, Jr. was one of our country's most visible members of the civil rights movement, carrying on her husband's legacy with courage, wisdom and dignity. Her life serves as an example of her devotion to making our country, and the world, a better place. Having experienced firsthand the evils of segregation, Mrs. Coretta Scott King dedicated herself to helping all Americans realize racial equality and justice. She committed herself to her education, earning valedictorian honors from Lincoln High School, earning a Bachelor of Arts from Antioch College, and earning a scholarship to the prestigious New England Conservatory of Music located in Boston, Massachusetts, where she eventually met her husband. As the spouse and partner of the late Reverend Dr. Martin Luther King, Jr., Mrs. Coretta Scott King gained recognition in her own right, remaining active in the civil rights movement while devoting herself to her family. Her steadfast devotion to her husband's legacy after his assassination helped bring his message of nonviolent change to millions of Americans. She led the campaign to recognize her late husband's birthday as a national holiday and to establish the Martin Luther King, Jr. Center for Nonviolent Social Change, the first institution established in memory of an African American. This center also houses our country's largest archives of documents from the civil rights movement. Mrs. King's commitment and devotion to equal justice should serve as a reminder of the foundation and principles upon which this country was founded and should inspire us all to work to ensure that these guarantees are recognized by all Americans. I encourage my colleagues to join me in honoring Mrs. Coretta Scott King's life, her accomplishments and her contributions to our country by voting in favor of this resolution. General Leave

Mr. SENSENBRENNER. Mr. Speaker, I offer a resolution (H. Res. 655) honoring the life and accomplishments of Mrs. Coretta Scott King and her contributions as a leader in the struggle for civil rights, and expressing condolences to the King family on her passing, and ask unanimous consent for its immediate consideration in the House pursuant to the following order: the resolution shall be considered as read; the previous question shall be considered as ordered on the resolution and the preamble to its adoption without intervening motion except 1 hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; and notwithstanding the operation of the previous question, the Chair may postpone further consideration of the resolution to a time designated by the Speaker.

Mr. SENSENBRENNER. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on House Resolution 655 currently under consideration.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill, S. 2167, just passed.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I offer an amendment.

Mr. SENSENBRENNER. Mr. Speaker, in the wake of the September 11, 2001 attacks, Congress recognized that our Nation's intelligence and law enforcement communities lacked the statutory tools necessary to meet and defeat the international terrorist threat. Large majorities in both Houses passed the PATRIOT Act to lower the wall of separation between the intelligence and law enforcement communities that prevented the sharing of threat information that might have averted these attacks. I supported the inclusion of sunsets in the PATRIOT Act because I recognized that the enlargement of federal law enforcement authority and the attendant risk to civil liberties required comprehensive examination and affirmative congressional reauthorization. Since passage of the PATRIOT Act in October of 2001, I have led aggressive congressional oversight of the implementation of the PATRIOT Act before the House Committee on the Judiciary, and the legislation has been exhaustively examined by the House Committee on Intelligence, as well as companion committees in the other body. The PATRIOT Act conference report is more protective of civil liberties than current law in dozens of areas, and is the product of extensive and bipartisan legislative and oversight, as well as intensive bipartisan and bicameral negotiations. On December 14, the House passed the PATRIOT Act conference report by a bipartisan vote of 251-174. Last night, the other body ignored the will of the House, a majority of PATRIOT Act House-Senate conferees, and a clear majority of Senators by passing a six-month extension of the PATRIOT Act that contained none of the important civil liberties provisions carefully negotiated by House and Senate conferees. The security of the American people should not be subordinated to the partisan brinksmanship of a minority of obstructionist Senators. It is imperative that the PATRIOT Act not be permitted to expire in order to ensure that our Nation's law enforcement and intelligence communities are provided the statutory mandate necessary to detect and defeat terrorist threats. Let me respond to assertions that the conference report does not strengthen the civil liberties provisions of the original PATRIOT Act. Senator Schumer and others have said that we ought to ``mend it, not end it.'' Senator Schumer and others fail to recognize that conferees have already extensively mended it, and that further mending will have the effect of ending the vital antiterrorism provisions contained in this legislation and heighten the risk of future terrorist attack. With respect to civil liberties enhancements, the PATRIOT Act conference report contains at least 30 additional civil liberties safeguards, many of which were requested by minority conferees. This conference report tightens the criteria necessary to obtain a multipoint wiretap, heightens reporting requirements of their use, increases safeguards for the use of delayed notice search warrants, imposes stringent requirements for the acquisition of business records under section 215 of the legislation, requires the approval of such orders from the FBI Director or other senior executive official if they pertain to library, medical, educational or other records, limits the scope of material obtained through these orders, and prohibits the dissemination of information obtained. The conference report also requires that the DOJ Inspector General conduct two separate audits of the FBI's use of section 215 orders that will examine: any noteworthy facts or circumstances relating to 215 orders, including any improper or illegal use of the authority; the manner in which such information is collected, retained, analyzed, and disseminated by the FBI; and an assessment of whether the minimization procedures protect the constitutional rights of United States persons. Allows recipients of National Security Letters (NSLs) to consult with legal counsel and creates an explicit right to judicial review of NSL requests. Permits a reviewing court to modify or set aside an NSL if compliance would be unreasonable, oppressive, or otherwise unlawful--this is the same standard used to modify or quash a subpoena in a criminal case. Requires the DOJ Inspector General to conduct two comprehensive audits of the FBI's use of NSLs and requires the Attorney General and the Director of National Intelligence to submit to Congress a report on the feasibility of applying minimization procedures to NSLs to ensure the protection of constitutional rights of U.S. persons. Adds a new ``sunshine'' provision that requires annual public reporting on NSLs. Provides for expanded congressional access to significant FISA reporting currently provided to the Intelligence Committees. Includes a provision requiring the FISA Court to submit its rules & procedures to Congress. Creates new reporting requirements for the use of emergency authorities under FISA. Requires new reporting on the use of emergency disclosures of communications information made under section 212 of the USA PATRIOT Act. Requires the Department of Justice to submit a report to Congress on the Department's data-mining activities. As you can see from this list of changes, the conference report does more than just mend the PATRIOT Act, it overhauls it in important ways that a minority of Senators refuse to recognize. In order to ensure that this vital antiterrorism legislation does not expire at the end of this month, I offer an amendment to the Senate- passed reauthorization that extends the PATRIOT Act until February 3, 2005. The PATRIOT Act has already been subject to the most exhaustive congressional consideration of any modern legislation. A five-week extension provides ample time for both bodies to again examine the legislation to ensure that it enhances the security of the American people while preserving our civil liberties. It will also ensure that the vital antiterrorism provisions contained in the Act do not expire as some in the other body have openly advocated. I urge my colleagues to support this important legislation to renew the critical antiterrorism tools contained in the PATRIOT Act by supporting passage of this amendment to S. 2167.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 2167) to amend the USA PATRIOT ACT to extend the sunset of certain provisions of that Act and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004 to July 1, 2006, and ask for its immediate consideration in the House.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that when the House adjourns today pursuant to this order, it adjourn to meet at 11 a.m. on Monday, December 26, 2005, unless it sooner has received a message from the Senate transmitting its adoption of House Concurrent Resolution 326, in which case the House shall stand adjourned sine die pursuant to that concurrent resolution.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, pursuant to the order of the House of today, I move that the House do now adjourn.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill, H.R. 4647, just passed.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, in the wake of the September 11, 2001 attacks, Congress recognized that our Nation's intelligence and law enforcement communities lacked the statutory tools necessary to meet and defeat the international terrorist threat. Large majorities in both Houses passed the PATRIOT Act to lower the wall of separation between the intelligence and law enforcement communities that prevented the sharing of threat information that might have averted these attacks. I supported the inclusion of sunsets in the PATRIOT Act because I recognized that the enlargement of Federal law enforcement authority and the attendant risk to civil liberties required comprehensive examination and affirmative congressional reauthorization. Since passage of the PATRIOT Act in October of 2001, I have led aggressive congressional oversight of the implementation of the PATRIOT Act before the House Committee on the Judiciary, and the legislation has been exhaustively examined by the House Committee on Intelligence, as well as companion committees in the other body. The PATRIOT Act conference report is more protective of civil liberties than current law in dozens of areas, and is the product of extensive and bipartisan legislative and oversight, as well as intensive bipartisan and bicameral negotiations. On December 14, the House passed the PATRIOT Act conference report by a bipartisan vote of 251-174. Last night, the other body ignored the will of the House, a majority of PATRIOT Act House-Senate conferees, and a clear majority of Senators bypassing a 6-month extension of the PATRIOT Act that contained none of the important civil liberties provisions carefully negotiated by House and Senate conferees. The security of the American people should not be subordinated to the partisan brinksmanship of a minority of obstructionist Senators. It is imperative that the PATRIOT Act not be permitted to expire in order to ensure that our Nation's law enforcement and intelligence communities are provided the statutory mandate necessary to detect and defeat terrorist threats. Let me respond to assertions that the conference report does not strengthen the civil liberties provisions of the original PATRIOT Act. Senator Schumer and others have said that we ought to ``mend it, not end it.'' Senator Schumer and others fail to recognize that conferees have already extensively mended it, and that further mending will have the effect of ending the vital antiterrorism provisions contained in this legislation and heighten the risk of future terrorist attack. With respect to civil liberties enhancements, the PATRIOT Act conference report contains at least 30 additional civil liberties safeguards, many of which were requested by minority conferees. This conference report tightens the criteria necessary to obtain a multipoint wiretap, heightens reporting requirements of their use, increases safeguards for the use of delayed notice search warrants, imposes stringent requirements for the acquisition of business records under section 215 of the legislation, requires the approval of such orders from the FBI Director of other senior executive officials if they pertain to library, medical, educational or other records, limits the scope of material obtained through these orders, and prohibits the dissemination of information obtained. The conference report also requires that the DOJ Inspector General conduct two separate audits of the FBI's use of section 215 orders that will examine: any noteworthy facts or circumstances relating to 215 orders, including any improper or illegal use of the authority; the manner in which such information is collected, retained, analyzed, and disseminated by the FBI; and an assessment of whether the minimization procedures protect the constitutional rights of United States persons. Allows recipients of National Security Letters (NSLs) to consult with legal counsel and creates an explicit right to judicial review of NSL requests. Permits a reviewing court to modify or set aside an NSL if compliance would be unreasonable, oppressive, or otherwise unlawful--this is the same standard used to modify or quash a subpoena in a criminal case. Requires the DOJ Inspector General to conduct two comprehensive audits of the FBI's use of NSLs and requires the Attorney General and the Director of National Intelligence to submit to Congress a report on the feasibility of applying minimization procedures to NSLs to ensure the protection of constitutional rights of U.S. persons. Adds a new ``sunshine'' provision that requires annual public reporting on NSLs. Provides for expanded congressional access to significant FISA reporting currently provided to the Intelligence Committees. Includes a provision requiring the FISA Court to submit its rules and procedures to Congress. Creates new reporting requirements for the use of emergency authorities under FISA. Requires new reporting on the use of emergency disclosures of communications information made under section 212 of the USA PATRIOT Act. Requires the Department of Justice to submit a report to Congress on the Department's data-mining activities. As you can see from this list of changes, the conference report does more than just mends the PATRIOT Act, it overhauls it in important ways that a minority of Senators refuse to recognize. In order to ensure that this vital antiterrorism legislation does not expire at the end of this month, I offer legislation that provides a 5- week extension of the PATRIOT Act. The PATRIOT Act has already been subject to the most exhaustive congressional consideration of any modem legislation. A 5-week extension will permit both bodies to again examine the legislation to ensure that it enhances the security of the American people while preserving our civil liberties. It will also ensure that the vital antiterrorism provisions contained in the act do not expire as some in the other body have openly advocated. I urge my colleagues to support this important legislation to renew the critical antiterrorism tools contained in the PATRIOT Act by supporting passage of H.R. 4647. The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that the Committee on the Judiciary and the Permanent Select Committee on Intelligence be discharged from further consideration of the bill (H.R. 4647) to amend the USA PATRIOT ACT to extend the sunset of certain provisions of such Act, and ask for its immediate consideration in the House.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 3402) to authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, and for other purposes.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, this is an example of the fact that there is bipartisan and bicameral cooperation in this Capitol. I think that the news media would kind of like to ignore the fact that sometimes we do get something done around here and do get something done that is good and that everybody agrees is good. So in wishing everybody a merry christmas, happy new year, or happy holiday season, as the case may be, I would like to wish the news media equal joy and hope that they report the fact that we did do something that was really very difficult to accomplish in reauthorizing the Violence against Women Act and passing only the second reauthorization of Justice Department programs since 1980.

Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill H.R. 3402 currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 3402, the Department of Justice Appropriations Authorization Act for fiscal years 2006 through 2009. As chairman of the Committee on the Judiciary, I am proud to support this comprehensive package negotiated between the House and Senate to reauthorize vital programs within the Department of Justice and to combat domestic and dating violence, sexual assault, and stalking. I am grateful to the Committees on Financial Services, Energy and Customers, and Education and the Workforce, as well as all of the members of the Committee on the Judiciary, for working with us to make it possible to bring this legislation up today. I would also like to thank the original bipartisan cosponsors of this bill, Judiciary Committee Ranking Member Conyers, Representatives Green of Wisconsin, Solis, Brown-Waite, Schiff, Coble, Lofgren, and Weiner for all of their efforts. Authorization is an important oversight tool that allows Congress and committees of jurisdiction to create, amend, extend, and set priorities for programs within executive agencies. Despite the law's requirement for regular congressional authorization for the Justice Department, until just recently DOJ has not been formerly authorized by Congress since 1980. The Committee on the Judiciary took action to rectify the situation in the 107th Congress and reauthorized the programs within the Department of Justice. We tried again last Congress; however, the other body did not take up our bipartisan House-passed bill. I am proud to be here today to provide Congress with legislation to again give direction to the Department of Justice and the important programs it administers. DOJ's grant programs are an important tool in the fight against crime in America. Programs such as Byrne, COPS and STOP provide grants to State and local governments to focus on current crime issues affecting our communities. Because there are limited resources, continuous congressional oversight of these programs ensures that the taxpayers' money is spent appropriately. This bill will ensure accountability from the Department with a number of provisions designed to ensure grant recipients are meeting the conditions established by Congress for the programs. The bill includes an office of audit, assessment and management to monitor grants and a community capacity development office to assist grant applicants and grantees in meeting grant conditions. In addition to the numerous oversight tools provided in the bill, there are a number of important reforms to grant programs and provisions designed to improve those programs and offices within the Department. The bill consolidates the Local Law Enforcement Block Grant Program and the Byrne grant program into one program with the same purposes, to eliminate duplication and improve the administration of the grants. The bill preserves the COPS program, but addresses concerns expressed by many Members about the previous use of these grants. H.R. 3402 also allows grantees greater flexibility in the use of these funds. The authorization also reauthorizes DOJ programs that will expire or have expired, such as the Juvenile Accountability Block Grant Program and the Sex Offender Management Program. It also includes some very important modifications to the criminal code such as extending the statute of limitations for human trafficking offenses and applying increased criminal penalties to prison guards who sexually abuse persons in their custody. Titles I through IX of this bill focus on reauthorizing, expanding, and improving programs that were established in the Violence Against Women Act of 1994 and reauthorized in 2000. The bill reauthorizes some important core programs such as STOP grants and grants to reduce campus violence. These programs have been successful in combatting domestic violence and changing attitudes toward violence in the family in America. The reauthorization of VAWA in 2005 will continue to change attitudes toward domestic violence and will expand its focus to change attitudes toward other violent crimes, including dating violence, sexual assault, and stalking. Because these are crimes that affect both genders, it is important to note that the text of the legislation specifies that programs addressing these problems can serve both female and male victims. Additionally, this legislation specifies that the same rules apply to these funds that apply to other Federal grant programs. It is illegal to use grant funds devoted to these programs for political activities or lobbying. It is the intent of Congress that these funds be used to provided services to victims and trained personnel who deal with these violent crimes. The Department of Justice is expected to enforce that provision for all its grants and monitor grant activities to ensure compliance, not only with this condition but all conditions of the grants. The legislation will aid Congress in continuing to fulfill our obligation to the taxpayers to be good stewards of their money. Mr. Speaker, I encourage my colleagues to support this bipartisan legislation. Mr. Speaker, I would like to acknowledge the hard work of the following House, Senate, and Administration staff who spent long hours negotiating this bill: Senate Staff: Mike O'Neill, Brett Tolman, Lisa Owings, Joe Jacquot, and Juria Jones--Senator Specter; Bruce Cohen, Tara Magner, and Jessica Berry--Senator Leahy; Louisa Terrell--Senator Biden; Cindy Hayden-- Senator Sessions; Janice Kaguyutan--Senator Kennedy. House Staff: Phil Kiko, Brian Benczkowski, Katy Crooks, George Fishman, and Cindy Blackston--Congressman Sensenbrenner; Cassie Bevan-- Congressman DeLay; Perry Apelbaum, Sampak Garg, and Stacey Dansky-- Congressman Conyers. Department of Justice: William Moschella and Sarah Roland. I would also like to express my thanks to the following groups for their efforts in facilitating the passage of this legislation: Break the Cycle, Girls Incorporated, Family Violence Prevention Fund, Legal Momentum, National Alliance to End Sexual Violence, National Center for Victims of Crime, National Coalition Against Domestic Violence, National Congress of American Indians, National Network to End Domestic Violence, National Resource Center to End Violence Against Native Women, and Sisters of Color Ending Sexual Assault. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, today I am introducing the Digital Transition Content Security Act of 2005. This legislation is designed to close the ``analog hole'' that has arisen as a result of the transition to digital transmission technologies. The term ``analog hole'' refers to the use of devices to convert analog content into digital versions which can easily be uploaded onto the Internet. Although many of those who convert analog content into digital form are not engaging in any illegal conduct, there are unfortunately criminals who take advantage of existing deficiencies in current law and technology to obtain copyrighted content in order to redistribute this content for profit at the copyright owner's expense. There is no doubt that piracy of intellectual property can be a profitable criminal activity. Just this week, a software pirate pled guilty in Alexandria, VA, to making $20 million in sales of counterfeit intellectual property. The House Judiciary Committee has extensively examined efforts to strengthen and update intellectual property laws to address intellectual property theft made possible by new technologies. This legislation is no different. The ``analog hole'' is unfortunately a potential source of pirated content that becomes an attractive target for pirates as high quality sources of content are made available to the public in high definition format. Congress is already considering another technology, the ``broadcast flag,'' to address the redistribution of high definition content. The analog hole is its counterpart. Congress has previously mandated the use of technology to limit and frustrate redistribution of video content. Enacted at 17 U.S.C. 1201(k) as part of the Digital Millennium Copyright Act, Congress required the use and detection of Macrovision technology in several analog devices. This new legislation builds upon this existing law by mandating the detection and response to two separate technologies that work together to defeat pirates. The two technologies are the Content Generation Management System--Analog, CGMS-A, and Video Encoded Invisible Light, VEIL. The timing for this legislation is readily apparent. New technologies have made the widespread redistribution of copyrighted content significantly easier. Some have referred to the Internet as the world's greatest copying machine. While the Internet has without question been a huge benefit to society on a number of levels, some have used the Internet for criminal gain, notably the redistribution of copyrighted content without the copyright owner's permission. Enactment of the Digital Transition Content Security Act of 2005 will help ensure that the rights of copyright owners are respected. The legislation would require that devices that convert analog content pass through the CGMS-A and VEIL content protection signals contained in the original version. To ensure that the technology used does not become outdated, the Patent and Trademark Office is authorized to conduct ongoing rulemakings to update the technology. The Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property held a hearing on a discussion draft of this legislation last month. Witnesses from the Motion Picture Association of America, the Recording Industry Association of America, the Consumer Electronics Association, and Public Knowledge testified. Their testimony covered piracy issues generally as well as more specific issues regarding the legislation. The bill I am introducing today makes several changes to the original discussion draft. Various provisions of the bill have been rewritten to ensure that the intent of the bill is clear. The references to several tables in the original draft have been clarified so that the Patent and Trademark Office develops these tables after an open, public rulemaking. The original draft had assumed that these tables would have been developed by the industry groups in time for the introduction of this legislation. This has not yet happened. Finally, I urge all interested parties to continue to negotiate to see if a private sector solution can be fully developed to address the ``analog hole.'' This issue is simply too important for parties to avoid negotiations. I look forward to working on this and other legislation to protect intellectual property in the second session of the 109th Congress.