WASHINGTON, April 8 — Working with the Bush administration,
Congressional Republicans are maneuvering to make permanent the sweeping
antiterrorism powers granted to federal law enforcement agents after the
attacks of Sept. 11, 2001, officials said today.
The move is likely to touch off strong objections from many Democrats
and even some Republicans in Congress who believe that the Patriot Act,
as the legislation that grew out of the attacks is known, has already
given the government too much power to spy on Americans.
The landmark legislation expanded the government's power to use
eavesdropping, surveillance, access to financial and computer records
and other tools to track terrorist suspects.
When it passed in October 2001, moderates and civil libertarians in
Congress agreed to support it only by making many critical provisions
temporary. Those provisions will expire, or "sunset," at the
end of 2005 unless Congress re-authorizes them.
But Republicans in the Senate in recent days have discussed a
proposal, written by Senator Orrin G. Hatch, Republican of Utah, that
would repeal the sunset provisions and make the law's new powers
permanent, officials said. Republicans may seek to move on the proposal
this week by trying to attaching it to another antiterrorism bill that
would make it easier for the government to use secret surveillance
warrants against "lone wolf" terrorism suspects.
Many Democrats have grown increasingly frustrated by what they see as
a lack of information from the Justice Department on how its agents are
using their newfound powers, and they say they need more time to
determine whether agents are abusing those powers.
The Senate Democratic leader, Tom Daschle of South Dakota, said today
that without extensive review, he "would be very strongly opposed
to any repeal" of the 2005 time limit. He predicted that
Republicans lacked the votes to repeal the limits.
Indeed, Congressional officials and political observers said the
debate might force lawmakers to take stock of how far they were willing
to sacrifice civil liberties in the name of fighting terrorism.
Beryl Howell, a former Democratic aide in the Senate who worked
extensively on the 2001 legislation, said that by forcing the issue, Mr.
Hatch "is throwing down the gauntlet to people who think the U.S.A.
Patriot Act went too far and who want to cut back its powers."
Justice Department officials in interviews today credited the Patriot
Act with allowing the F.B.I. to move with greater speed and flexibility
to disrupt terrorist operations before they occur, and they say they
wanted to see the 2005 time limit on the legislation lifted.
"The Patriot Act has been an extremely useful tool, a
demonstrated success, and we don't want that to expire on us," a
senior department official said on condition of anonymity.
Another senior official who also demanded anonymity said the
department had held discussions with Congressional Republicans about how
that might best be accomplished. "Our involvement has really been
just keeping an open ear to the issue as it's proceeding, not to really
guide the debate," the official said.
With the act's provisions not set to expire for more than two and a
half years, officials expected that the debate over its future would be
many months away. But political jockeying over separate bipartisan
legislation sponsored by Senators Jon Kyl, Republican of Arizona, and
Charles E. Schumer, Democrat of New York, appears to have given Senator
Hatch the chance to move on the issue much earlier than expected.
The Kyl-Schumer measure would eliminate the need for federal agents
seeking secret surveillance warrants to show that a suspect is
affiliated with a foreign power or agent, like a terrorist group.
Advocates say the measure would make it easier for agents to go after
"lone wolf" terrorists who are not connected to a foreign
group and might have allowed the F.B.I. to get a warrant against
Zacarias Moussaoui, known as the 20th hijacker, before the Sept. 11
attacks.
The proposal was approved unanimously by the Senate Judiciary
Committee. But Republicans are upset because several Democrats say that
when the measure reaches the Senate floor for a full vote, perhaps this
week or later in the month, they plan to offer amendments that would
impose tougher restrictions on the use of secret warrants.
Among other proposals, Senator Russell D. Feingold, Democrat of
Wisconsin, wants to add amendments that would require the Justice
Department to give detailed information about how the secret warrants
are being used and that could give defense lawyers access to some
information generated by the warrants in criminal cases.
Republicans are countering with amendments of their own, including
the idea of making the Patriot Act permanent.
Aides to Senator Hatch would not discuss his views on repealing the
time limits in the law.
But an aide who demanded anonymity said of the "lone wolf"
bill: "We support this bill as it is and that's how we want to see
it passed. If the Democrats want to amend the bill, then we will offer
an equal number of amendments to improve the bill as well. We hope the
Democrats will stop holding this bill up."
Members of the Judiciary Committee, which Mr. Hatch leads, have been
working in recent days to reach an agreement over the amendments that
will be considered, officials said. But so far neither side appears
willing to back down.
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