If the privacy board met the constitutional standards, what you're telling me is you would not rule out giving them a subpoena.

I want to follow up on an area that Senator Levin was touching on.

Are you aware of Doe v. Ashcroft?

I would like to work with both of you and see if we can flesh out a bipartisan change there that would strike the right balance between security and individual rights.

Congress should modify section 6001 to provide a presumption that an individual who is involved in international terrorism is acting for a foreign power.

I'm drafting an amendment which would replace section 213 of Senator Roberts' bill with a provision to give the FBI the criminal administrative subpoena authority it requested, with two limitations.

The idea of replacing the most controversial authority in the PATRIOT Act with one that doesn't even contain prior approval is not responsible lawmaking.

Let me be clear--if this provision is passed into law, all of our discussion about Section 215 will be rendered superfluous.

For this reason, continued Congressional oversight will remain critically important.

I support the legislation's language to add protections to Section 215 of the PATRIOT Act.

I thank you for holding this open hearing to discuss the Committee's draft legislation to reauthorize and amend the PATRIOT Act

It seems to me that asking for an AUSA to sign off takes us back to the world where the answer to terrorism was criminal prosecution.

It is my hope that this will allow Justice and FBI employees to spend more time conducting intelligence investigations than passing papers through the bureaucracy.

This is a very broad power. When used directly, the individual would know about it. In this case, they would have no recourse to court.

I have found that the implementation has been reasonable in scope and tailored to the needs of our intelligence and law enforcement communities.

Thanks very much, Mr. Chairman.

If you were to change it, how would you change it?

I have really been hard-pressed to find any signs of bad use or overuse.