Lawmakers Agree to Renew Patriot Act


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New York Times

July 14, 2005

WASHINGTON, July 13 - Lawmakers on three separate Congressional committees
moved Wednesday to impose restrictions on some of the more controversial
elements of the law known as the USA Patriot Act, suggesting continued
resistance in Congress to the idea of giving the government unchecked
authority to fight terrorism.

Senator Arlen Specter, the Pennsylvania Republican who leads the Senate
Judiciary Committee, said in introducing proposed restrictions that there
must be "a very careful balance" between fighting terrorism and protecting
civil liberties.

In a day of wide-ranging debate over the future of the act, Mr. Specter and
Senator Dianne Feinstein, Democrat of California, introduced a bill that
would require greater judicial oversight for certain surveillance activities
and put a four-year "sunset" on two sections of the law, including a
provision that allows the government to demand library and medical records
in intelligence investigations.

While their bill would permanently extend 14 provisions of the act that are
set to expire at the end of this year, it would require Congressional
renewal in 2009 for the library provision and for a separate section related
to roving wiretaps.

The Justice Department, which has backed a separate plan by the Senate
Intelligence Committee giving the Federal Bureau of Investigation broader
antiterrorism powers, said it was reviewing Mr. Specter's proposal.

But a senior department official, speaking on condition of anonymity because
of sensitive political negotiations, said the department was troubled by
several elements of the proposal, including provisions to raise the standard
needed to obtain approval for certain types of surveillance and a public
accounting of how often such powers are used. A Republican Senate aide, also
speaking on condition of anonymity for the same reason, said Justice
Department officials had already expressed their concerns privately and were
"freaked out" by the prospect of greater restrictions on records.

Mr. Specter's bill is the fifth major proposal in Congress in the last few
months to address how and whether the antiterrorism law should be renewed.
Several lawmakers said his proposal could be the most politically viable
because it renewed the central elements of the law while also including some
significant new safeguards.

Some Republicans on the Judiciary Committee had balked at preliminary
discussions on Mr. Specter's bill because they said it would hamper
antiterrorism efforts, while some committee Democrats said the restrictions
were not tough enough. Ultimately, Ms. Feinstein agreed to support the bill
after Mr. Specter's office made a strong effort to enlist the aid of a
Democrat on the panel.

In the House, the Intelligence Committee, in approving its renewal of the
Patriot Act, passed a measure Wednesday that, in contrast to the White House
position, would place a five-year limit on a provision of the law that
enables investigators to eavesdrop on suspected "lone wolf" terrorists. The
committee also toughened rules on roving wiretaps, which are used as
suspects switch telephone numbers.

And in the House Judiciary Committee, lawmakers were moving through a series
of amendments to that panel's version of the law in an effort to bring
legislation before the full House next week. The committee also bucked the
White House and put in similar 10-year sunset requirements on provisions
that make it easier to obtain library records and use roving wiretaps.

Republicans on both panels beat back Democratic efforts to put more controls
on the act, including a provision that would have made it harder for federal
investigators who lack hard evidence to gather private records on
individuals they suspect are working on behalf of a foreign power.

Representative Jerrold L. Nadler, Democrat of New York, sought to require
federal agents seeking such records to demonstrate "specific and articulable
facts" showing that the suspect could be a foreign agent. Republicans said
that threshold was too high given that the special surveillance powers were
intended to catch terrorists before they strike.

For the most part, the measures headed for the House floor would retain the
broad investigative powers granted by Congress after the attacks of Sept.
11, 2001. Representative Peter Hoekstra, Republican of Michigan and chairman
of the Intelligence Committee, said he believed that the measure would
eventually draw broad bipartisan support.

"I think it is generally believed that the provisions of the bill are still
very much needed in the war on terror," Mr. Hoekstra said.

Representative Jane Harman of California, the senior Democrat on the panel,
said she, too, believed that the measure had proved its worth, but she
argued that it needed refinements to guard against abuse.

"Our approach is, 'mend it, don't end it,' " Ms. Harman said.


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