WASHINGTON - House Judiciary Committee leaders on Tuesday introduced
a bill to place new restrictions on government surveillance and
seizures in anti-terrorism investigations, while allowing the Obama
administration to continue some tactics used by its predecessor.
important sections of the USA Patriot Act will expire at year's end,
unless Congress continues them in the law designed to prevent a
terrorist attack on the homeland. The bill, sponsored by three liberal
Democrats, only would renew two of them.
The proposal would
eliminate the government's authority to spy on a "lone wolf," a
non-U.S. citizen suspected of terrorism who may not be part of a
recognized terrorist group. The Justice Department said the government
has never used this authority but wants to keep it available.
The other two provisions would continue with modifications.
Roving wiretaps still would be allowed, to permit surveillance on multiple phones when a suspect keeps switching cell phones.
The bill would restrict surveillance to a single, identifiable target.
And the government still could obtain a court order to seize documents and other tangible items, including business records.
bill would require the government to produce specific facts, to show
the items are relevant to an authorized investigation. Recipients of
the search orders would be able to immediately challenge them and any
gag order preventing disclosure.
The legislation would increase
protections for libraries and bookstores. Records seizures would be
prohibited if the material would identify patrons.
A current, 30-day delay in notifying someone of a secret, "sneak and peek" search would be shortened to seven days.
parts of the Democratic proposal would place restrictions on national
security letters, which are used by the FBI to obtain information
without a court order. The government would have to articulate specific
information, showing reasonable grounds to believe the material sought
is related to a foreign power or agent.
The sponsors of the
Patriot Act changes also proposed amendments to a separate law allowing
collection of foreign intelligence information.
would repeal the retroactive immunity given to telephone companies, who
complied with a Bush administration warrantless wiretapping program.
Courts would have to determine whether the complying companies acted
properly under laws in effect at the time.
All the changes were
sponsored by three Democratic lawmakers: John Conyers Jr. of Michigan,
Judiciary Committee chairman; and two subcommittee chairmen, Jerrold
Nadler of New York and Bobby Scott of Virginia.
The Senate Judiciary Committee has approved its version of Patriot Act changes and sent the legislation to the full Senate.
The bills are S. 1692 and H.R. 3845.
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