[Mb-civic] Rising Support Cited for Limits On Patriot Act - Washington Post

[William Swiggard]

Rising Support Cited for Limits On Patriot Act

By Dan Eggen
Washington Post Staff Writer
Thursday, November 10, 2005; Page A03

Congress edged closer yesterday to limiting some of the sweeping 
surveillance and search powers it granted to the federal government 
under the USA Patriot Act in 2001, including a provision that would 
allow judicial oversight of a central tool of the FBI's counterterrorism 
efforts, according to Senate and House aides.

Under the terms of a tentative deal worked out by congressional staff 
members in recent weeks, a conference committee set to begin meeting 
today would probably adhere to the outlines of a Senate bill that sets 
new restrictions on the government, aides close to the negotiations 
said. The agreement would not include additional subpoena powers sought 
by the Justice Department and some Republicans, the aides said.

The House also approved by voice vote a nonbinding resolution that calls 
for a four-year extension of some Patriot Act provisions rather than the 
10-year deadlines included in House legislation earlier this year. 
Overall, 16 provisions of the law are set to expire at the end of this 
year unless Congress renews them.

If these and other compromise measures are approved, it would mark 
another significant setback for the weakened Bush administration as it 
battles the GOP-controlled Congress over the limits of its powers 
related to terrorism and the Iraq war. Attorney General Alberto R. 
Gonzales and other Bush officials have argued for months in favor of the 
more administration-friendly House version of the Patriot bill, but the 
Senate version appears to have more momentum.

Administration officials led by Vice President Cheney are also lobbying 
to exempt the CIA from legislation sponsored by Sen. John McCain 
(R-Ariz.), which would ban cruel, inhumane or degrading treatment of 
prisoners.

The Patriot Act negotiations come amid new revelations of the FBI's use 
of "national security letters," which require companies to provide 
private information about their customers and to keep the request 
secret. Aided by loosened restrictions under the law, the FBI issues 
more than 30,000 such letters annually, compared with about 300 a year 
before the Sept. 11, 2001, attacks, sources told The Washington Post.

The House and Senate versions added a level of judicial review for such 
letters, which now can be approved by any of about 60 senior FBI 
officials and which receive no routine scrutiny from the courts. The 
Senate version included broader language than the House, but it was 
unclear yesterday which version was likely to prevail.

Another key limitation would be included in the tentative deal worked 
out by House and Senate staff members, according to one Republican aide: 
The FBI would be required to destroy or return records obtained with 
secret intelligence warrants if the subjects turn out not to be 
connected to terrorism or some other crime.

Jeff Lungren, a spokesman for House Judiciary Committee Chairman F. 
James Sensenbrenner (R-Wis.), acknowledged that staff members had been 
negotiating over the Patriot Act but cautioned that lawmakers have not 
signed off on a final agreement.

The American Civil Liberties Union, which is part of an unusual 
coalition of liberal, conservative and business groups opposed to some 
of the surveillance and search powers contained in the Patriot Act, 
praised the proposed Senate restrictions but said stronger limits are 
needed on the use of national security letters.

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/09/AR2005110902294.html?referrer=email
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