U.S. Secretary of Defense Donald H. Rumsfeld and President of Afghanistan Hamad Karzai, Dec. 21. (© AP/WWP)

22 December 2005

Congress Approves Extension of Anti-Terrorism Law, December 22, 2005

(Lawmakers seek to strike a balance between security, privacy)

By Merle D. Kellerhals Jr.
Washington File Staff Writer

Washington -- The U.S. Congress has approved extending key sections of the nation's main anti-terrorism law -- the 2001 USA Patriot Act -- for five weeks.

The extension still requires the president’s signature to become law but the White House has indicated President Bush will sign it.

After a series of actions by the Senate and the House of Representatives, the extension was approved December 22 by both chambers, which now have adjourned for the year to return in January 2006.

The action is intended to allow Congress time to evaluate controversial sections of the law that opponents argue threaten American civil liberties and an individual's right to privacy.

When the Patriot Act was approved overwhelmingly in 2001 in the aftermath of terrorist attacks on the United States in which thousands were killed, Congress intentionally made 16 sections of the law temporary.  Had Congress not extended them, those provisions would have expired on December 31.

Historically, Congress has tended to limit the reach of laws made during national emergencies, arguing that the need for the legislation no longer might exist once the crisis has passed.

President Bush praised Congress for not allowing the law's key sections to expire.

"I appreciate the strong commitment by the majority of the House and of the Senate to re-authorize the Patriot Act.  The terrorists are determined to strike America again and inflict even greater damage than they did on September 11, 2001," Bush said in a prepared statement December 22.

"The Patriot Act is essential to protecting the American people against the terrorists.  The Act tore down the wall between law enforcement and intelligence officials so that they can share information and work together to help prevent attacks."

Bush pledged to continue working with Congress to fully extend the law. Congress is expected to resume consideration of the USA Patriot and Terrorism Prevention Reauthorization Act of 2005.

STRONGER ROLE SOUGHT FOR COURTS, CONGRESS

The Patriot Act greatly expanded surveillance and information gathering by both the law enforcement and intelligence communities, and made it possible for intelligence agencies to share foreign intelligence information with law enforcement agencies.

The most significant of the revisions sought in the 2005 reauthorization of the law are stronger requirements on law enforcement agencies to seek and obtain approval from the federal courts for searches and surveillance.  The reauthorization also calls for increased reporting to oversight committees in Congress.

In addition, the Patriot Act reauthorization bill contains increased penalties for crime and terrorism at U.S. seaports.

Originally, the Senate and House of Representatives, working together in conference, agreed to make 14 of the expiring sections of the anti-terrorism law permanent and extend for four more years two of the most contentious sections dealing with roving wiretaps and secret search warrants for books, records and other items from businesses, hospitals and organizations such as libraries.

Efforts in the Senate to win passage of that plan were blocked by extended debate. This launched behind-the-scenes negotiations by senators to extend the current law for six months. The amended bill was sent back to the House of Representatives for approval but the Republican chairman of the House Judiciary Committee, Representative F. James Sensenbrenner Jr., unhappy that the conference version of the reauthorization bill had been blocked in the Senate, was unwilling to accept the six-month provision. He offered, instead, a five-week extension to which the Senate agreed.

That extension means the 16 controversial provisions now are scheduled to expire February 3.

Originally, the president had said he would not approve a short extension, but agreed to the change when it appeared efforts to make the sections permanent would not pass in the Senate December 21.

"What we're trying to do is achieve a balanced and effective Patriot Act, one that promotes our security and preserves our freedom, a bill that's going to earn and deserve the widespread support of the American people," Vermont Senator Patrick J. Leahy, the senior Democrat on the Senate Judiciary Committee, said December 21.  Leahy had spearheaded efforts to block passage of the reauthorization until a compromise could be reached.

Senate Majority Leader Bill Frist, a Tennessee Republican, said passage of an extension clearly demonstrates the value of the anti-terrorism law.

"By unanimously agreeing to [an extension], the Senate endorsed the Patriot Act as an effective tool to fight terrorism -– both now and in the future," he said in a December 21 statement.  "It is clear that there is broad bipartisan support that the Patriot Act never should expire.

Senate Minority Leader Harry Reid, a Nevada Democrat, said the agreement to extend the Patriot Act provisions represented a much-needed balance between the need for enhanced national security and individual privacy concerns.

For additional information on U.S. policies, see Response to Terrorism.