The chairman of the House Judiciary Committee yesterday introduced an extension of the USA Patriot Act that denies President Bush the expanded powers, such as “administrative subpoenas,” he has been seeking.
In his bill, Rep. F. James Sensenbrenner Jr., Wisconsin Republican, also proposed restrictions on the government’s ability to look at library patrons’ records and other business records through special court warrants.
Nevertheless, Mr. Sensenbrenner’s bill would make permanent all 16 provisions from the original Patriot Act that otherwise would expire at the end of this year.
The White House called the bill a start, but said the administration is working for full authorization of all 16 provisions.
As the key House Republican on this issue, though, Mr. Sensenbrenner’s bill carries substantial weight and will be the basis for the debate, which begins in his committee tomorrow. The House intelligence committee also has jurisdiction over some parts of the Patriot Act.
Asked about denying Mr. Bush the expanded powers, a committee staffer, speaking on the condition of anonymity, simply said, “It’s not in the bill.”
Sensenbrenner spokesman Jeff Lungren explained that the chairman “has not spoken fondly in the past of administrative subpoenas.”
Mr. Bush has called the Patriot Act a success and, speaking at the FBI academy in Quantico, Va., two years ago, called for still more powers, particularly administrative subpoenas that would allow prosecutors access to some documents in terrorism cases without a court’s approval.
“If we can use these subpoenas to catch crooked doctors, the Congress should allow law-enforcement officials to use them in catching terrorists,” Mr. Bush said at the time.
Speaking at the FBI academy again yesterday, the president did not mention the new powers, but repeated his call for the original provisions to be extended.
“The terrorist threats against us will not expire at the end of this year, and neither should the protections of the Patriot Act,” Mr. Bush said.
Dana Perino, a White House spokeswoman, said the administration will work with Congress to pass the bill.
“We will consider suggestions for clarifying and strengthening the act,” she said. “We appreciate Chairman Sensenbrenner’s action today, as it is a strong demonstration of the importance of these tools for law enforcement to combat terrorism.”
Asked specifically about the failure to include administrative subpoenas, she said, “The legislative process is just beginning, and we will continue to work with Congress as it moves forward. Our number one priority is reauthorization of the act as it was passed in 2001.”
Outside of Congress, critics of the Patriot Act said Mr. Sensenbrenner doesn’t go far enough in limiting its scope.
“It’s a start, but it doesn’t address in a meaningful way some of the most significant flaws in the Patriot Act,” said Lisa Graves, a lawyer who monitors legislation for the American Civil Liberties Union.
The ACLU and others had hoped Mr. Sensenbrenner would also rewrite some of the provisions that weren’t set to expire but that critics said were too intrusive or didn’t offer enough of a judicial check on investigative powers.
Republicans, though, said they have never been presented with any evidence that the Patriot Act provisions have been abused.
“We’ve asked for this stuff, and no one has been able to provide us with it,” said the committee staffer who spoke on the condition of anonymity.
It is the second time in two months that the House has signaled Mr. Bush may not win renewal or extension of the Patriot Act, passed in the days after September 11, 2001, as a way to give law enforcement more tools to go after terrorists.
Last month, the House passed an amendment to a spending bill by Rep. Bernard Sanders, Vermont independent, that prohibited law enforcement from asking a special court for an order to search “library circulation records, library patron lists, book sales records or book customer lists.”
The Senate intelligence committee, meanwhile, has passed a bill that does grant the president some expanded powers, including administrative subpoenas.
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