Patriot Act Redo Clears Split Panel
By EVAN PEREZ
WASHINGTON -- A Senate panel backed a new version of counterterrorism measures, but the closer-than-expected 11-8 vote highlighted troubles that the Obama administration faces in trying to notch a rare bipartisan win in Congress.
The Senate Judiciary Committee voted Thursday to extend to 2013 three provisions of the USA Patriot Act, but with modifications that supporters said would improve privacy protections for Americans.
Debate over renewing the legislation, which was first passed in the weeks following the Sept. 11, 2001, terrorist attacks, comes amid a continuing federal probe of an alleged al Qaeda bombing plot in the U.S. Supporters of extending the law have cited the case, still unfolding in Denver and New York, as a reason for continuing counterterrorism measures already in place.
The Senate Judiciary Committee approved a revised version of the Patriot Act in a closer-than-expected 11-8 vote, with both liberals and conservatives expressing concerns. WSJ's Evan Perez reports.
The bill now moves to the full Senate for consideration. But passing the legislation appears more complicated than expected. Five of seven Republicans and three of 12 Democrats voted against the legislation Thursday -- for opposite reasons. Some liberals said the modifications didn't go far enough to satisfy civil-liberties concerns and rein in the government's snooping powers. Conservatives raised objections to amendments that they said could hamper the work of counterterrorism investigators.
At stake are three Patriot Act provisions that are set to expire at the end of December. One provision deals with "roving wiretaps" aimed at tracking suspects who try to evade surveillance with tactics such as quickly changing cellphone numbers. Others involve the government's access to business and library records, and government probes of "lone wolf" members of terrorism groups.
The bill approved Thursday includes new court oversight and additional administrative steps that terrorism investigators have to comply with. It also adds notification requirements to a separate law governing National Security Letters. Government investigative agencies use the letters, a type of administrative subpoena without court oversight, to gather business records such as telecommunications data related to suspects in terrorism probes.
The Obama administration asked Congress to renew the provisions in their current form, but said it was open to discuss changes. A White House aide said Thursday officials are studying the changes the Judiciary panel made over the past two weeks.
Senate Judiciary Chairman Patrick Leahy (D., Vt.) said lawmakers were trying to ensure "security and liberty" in passing the legislation. He cited the alleged bombing plot in urging passage of the bill. "Our bill will provide the tools that are needed to protect us, while increasing the protections of our vital constitutional rights, as well," he said.
Sen. Jeff Sessions of Alabama, the top Republican on the panel, said, "The last place in our government that we ought to put additional burdens on investigators would be in a national-security case."
The American Civil Liberties Union had endorsed changes proposed by Sen. Russell Feingold (D., Wis.) that would have led to a broader rewrite of provisions in the Patriot Act and in other counterterrorism laws.
Michael Macleod-Ball, acting director of the ACLU's Washington legislative office, said, "This truly was a missed opportunity for the Senate Judiciary Committee to right the wrongs of the Patriot Act and stand up for Americans' Fourth Amendment rights" against unreasonable searches and seizures.