Sen. Russ Feingold

Legislation to amend the USA PATRIOT Act, and to reauthorize three expiring provisions of intelligence law that relate to it, was introduced in the Senate in the last few days. Both Senator Leahy's USA Patriot Act Sunset Extension Act, S. 1692 and Senator Feingold's JUSTICE Act, S. 1686, make improvements to protect civil liberties, with the JUSTICE Act taking a much bolder approach. It is easy to get lost in the tall grass of the Patriot Act, but here is what to keep in mind: reform of National Security Letter (NSL) authority should take center stage, even though the provisions do not sunset, because serious NSL abuses of have been documented by the DOJ's own Inspector General.

Unless Congress acts by December 31, Patriot Act Section 206 (roving intelligence wiretaps), Patriot Act Section 215 (access to business records) and Section 6001 of the Intelligence Reform and Terrorism Prevention Act (wiretapping of "lone wolf" terrorists) will all expire. Both Senate bills address these expiring provisions, and both, appropriately, go beyond the sunsetting provisions by proposing reform of other surveillance authorities, including to NSLs.

Why is it appropriate for Congress to take up Patriot Act provisions that don't even expire? Because that's where the abuses are taking place. The Patriot Act provisions that expire need some improvements, but they are seldom used, and when they are used, they are used with judicial authorization, so there is at least that crucial check already.