Forbes
December 8, 2005
by Associated Press

House and Senate negotiators reached an agreement Thursday to extend the USA Patriot Act, the government's premier anti-terrorism law, before its major provisions expire at the end of the month.

"All factors considered it's reasonably good, not perfect, but it's acceptable," said Sen. Arlen Specter, R-Pa., and chairman of the Judiciary Committee, as he announced the deal.

The agreement would extend for four years two of the Patriot Act's most controversial provisions - authorizing roving wiretaps and permitting secret warrants for books, records and other items from businesses, hospitals and organizations such as libraries. Those provisions would expire in four years unless Congress acts on them again.

Also extended for four years are standards for monitoring "lone wolf" terrorists who may be operating independent of a foreign agent or power. While not part of the Patriot Act, officials considered that along with the Patriot Act provisions.

The Republican-controlled House had been pushing for those provisions to stay in effect as long as a decade, but negotiators decided to go with the GOP-controlled Senate's suggestion.

Most of the Patriot Act becomes permanent under the reauthorization.

The ranking Democrat on the Senate Judiciary Committee, Patrick Leahy of Vermont, has not yet decided whether to support the agreement, a spokesman said. But the GOP-majority negotiating committee has enough votes to send the House and Senate the compromise if all of the Republican negotiators agree to it.

The Senate is expected to vote on the compromise next week, Specter said. That would give them enough time to deal with any filibuster threats before the Patriot Act provisions expire on Dec. 31.

Congress overwhelmingly passed the Patriot Act after the Sept. 11 terrorist attacks. The law expanded the government's surveillance and prosecutorial powers against suspected terrorists, their associates and financiers.

The compromise also makes changes to national security letters, an investigative tool used by the FBI to compel businesses to turn over customer information without a court order or grand jury subpoena.

Under the agreement, the reauthorization specifies that an NSL can be reviewed by a court, and explicitly allows those who receive the letters to inform their lawyers about them.

The Bush administration contends that such consultation already is allowed, citing at least two court challenges to NSLs. However, in a letter obtained by the ACLU under the Freedom of Information Act and posted on its Web site, the FBI prohibits the recipient "from disclosing to any person that the FBI has sought or obtained access to information or records under these provisions."