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Deal breathes life into Patriot Act

House and Senate GOP leaders reach an accord, but bipartisan criticism also flows.

Associated Press
Published December 9, 2005


WASHINGTON - Key Republicans from the House and Senate reached a White House-backed compromise Thursday to renew the broad powers granted to law enforcement agencies in the days after the 2001 terrorist attacks on American soil.

GOP leaders pledged to pass the Patriot Act extension for President Bush's signature by the holidays, although bipartisan criticism flared. Sen. Russell Feingold, D-Wis., threatened to filibuster a bill he said lacked adequate safeguards to protect constitutional freedoms.

"We hammered out what I think is a good bill . . . Not a perfect bill, but a good bill," said Sen. Arlen Specter, chairman of the Senate Judiciary Committee, who announced the compromise in the Capitol.

Rep. James Sensenbrenner, chairman of the House Judiciary Committee, said the measure would assist "in the detection, disruption and dismantling of terrorist cells before they strike."

Important parts involve the ability of law enforcement officials to gain access to a wealth of personal data, including library records, as part of investigations into suspected terrorist activity.

The measure provides a four-year extension of the government's ability to conduct roving wiretaps - which can involve multiple phones - and to seek access to many of the personal records covered by the bill.

Also extended for four years is the power to wiretap "lone wolf" terrorists who may operate on their own.

White House officials signaled their satisfaction, and Specter, R-Pa., has credited Vice President Cheney with intervening this week to help bring the House and Senate together.

Six critics, three from each party, said in a statement, "We still can, and must, make sure that our laws give law enforcement agents the tools they need while providing safeguards to protect the constitutional rights of all Americans."

Feingold, one of the six, went further. "I will do everything I can, including a filibuster," to block passage, he said. He was the lone senator to vote against the original legislation passed in 2001. Under a filibuster, 60 votes are required to block a vote on final passage.

Under the measure, law enforcement officials could continue to obtain secret access to a variety of personal records from businesses, hospitals and other organizations, including libraries.

Access is obtained by order of a secret court established under the Foreign Intelligence Surveillance Act. The recipient of the request for information is subject to a gag order that cannot be challenged in court, officials say.

Specter said the draft legislation would, for the first time, require the law enforcement agent to present a judge with a "statement of fact" showing the request was relevant to an anti-terrorism investigation. Critics said other provisions rendered the requirement virtually meaningless.

[Last modified December 9, 2005, 01:20:12]


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