Patriot Act

Articles & Analysis

House Judiciary Committee Approves Strong PATRIOT Act Reform

In a 16-10 party-line vote on Nov. 5, the House Committee on the Judiciary approved H.R. 3845, the USA PATRIOT Amendments Act of 2009. The legislation contains several important reforms of controversial surveillance powers granted in the wake of the 9/11 terrorist attacks. Republicans on the committee claimed that "the legislation would hinder law enforcement and intelligence agencies in fighting terrorism."

Controversial Patriot Act Reauthorization Ready for Senate Floor

On Oct. 7, the Senate Judiciary Committee approved a bill, the USA Patriot Act Sunset Extension Act of 2009 (S. 1692), to reauthorize the Patriot Act. The bill, introduced by Sen. Patrick Leahy (D-VT), chair of the committee, passed with bipartisan support but has been denounced by civil liberties groups and privacy advocates. A week earlier, the committee voted down another reauthorization bill, the JUSTICE Act (S. 1686), introduced by Sens. Russ Feingold (D-WI) and Richard Durbin (D-IL), that would have greatly reduced surveillance powers and strengthened civil liberties protections.

Congress Braces for Patriot Act Battle

On Sept. 22, Congress began hearings on USA Patriot Act provisions that are set to expire on Dec. 31. Some legislators and the president are seeking to retain controversial portions of the act, albeit in modified form.

Congress Seeks to Limit National Security Letter Powers

On March 30, Congress took its first step toward reforming the USA PATRIOT Act when Reps. Jerrold Nadler (D-NY) and Jeff Flake (R-AZ) introduced the National Security Letters Reform Act of 2009 (H.R. 1800). The bill is designed to narrow the powers granted to the executive branch under the National Security Letter (NSL) provision of the Patriot Act. Public interest advocates contend that the NSL is only one component of the Patriot Act in need of reform.

Secrecy Hinders Progress of Terrorism Cases

The secrecy of the government's counterterrorism efforts is impeding the progress of bringing suspected terrorists to trial. In reports from The New York Times and The Washington Post, secret government programs and secret court procedures have slowed cases involving suspected and convicted terrorists.

Parts of Patriot Act Ruled Unconstitutional

On Sept. 6, the U.S. District Court for the Southern District of New York ruled that a controversial section of the USA PATRIOT Act is unconstitutional. In John Doe v. Gonzales, Judge Victor Morrerro ruled that the National Security Letter (NSL) provisions of the USA PATRIOT Act are in violation of the separation of powers doctrine and the First Amendment's protection of free speech.

Wiretapping Made Simple

On Aug. 6, President Bush signed the Protect America Act of 2007 (PAA), granting the government the authority to wiretap anyone, including U.S. citizens, without any court approval as long as the "target" of the surveillance is located outside the U.S. The legislation will expire in six months, but members of Congress and concerned public interest groups are not waiting for the sunsets. They are seeking immediate revisions to address the invasion of privacy and erosion of civil liberties contained in the act.

Congress Urged to Reform USA PATRIOT Act

Congress continues to exercise oversight of the Federal Bureau of Investigation's (FBI) misuse of USA PATRIOT Act powers. The Senate Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights held a hearing on the Department of Justice (DOJ) Inspector General report on the misreporting and abuse of National Security Letter (NSL) powers. A common theme from the four witnesses at the hearing was the need for Congress to reform the USA PATRIOT Act and curtail the FBI's NSL powers.

Journalist Audit Underscores Lack of Transparency

An audit by journalist groups found that public access to Comprehensive Emergency Response Plans (CERP), as required by law, was inconsistent and unreliable around the country. Only 44 percent of the requests for the CERP were granted in full, whereas 20 percent were partially released and 36 percent were completely denied.

Report Finds Underreporting and Abuse of USA PATRIOT Act Powers

The Office of the Inspector General (OIG) at the Department of Justice (DOJ) reported on March 9 that the Federal Bureau of Investigation (FBI) has been systematically underreporting National Security Letter (NSL) requests and has repeatedly violated federal law and agency policies in collecting personal information. The report unleashed a firestorm on the Hill, with calls for reform of the USA PATRIOT Act.