Take Away American Rights and Call It the Patriot Act--Not So Fast This Time

From the New York Times

House and Senate negotiators reached a compromise agreement Thursday to extend the antiterrorism law known as the USA Patriot Act, but critics from both parties said they found the plan unacceptable because it did not go far enough in protecting Americans' civil liberties.

The plan is expected to come up for final votes in the House and Senate early next week, but its passage was uncertain Thursday, with some Democrats, including Senator Russell D. Feingold of Wisconsin, threatening a filibuster to block a vote.

After weeks of what negotiators described as extremely difficult negotiations, the compromise plan would retain most of the expanded surveillance and investigative powers given to the federal government after the Sept. 11 attacks, permanently extending 14 of 16 provisions set to expire at the end of the year. But it would also put in place additional judicial oversight and safeguards against abuse.

Three of the most-debated measures would have to be reviewed again by Congress in four years, rather than the seven-year window originally favored by some House leaders in a tentative agreement that was reached last month but then derailed by last-minute concerns from members of both parties.

Those measures that would be extended for four years involve the government's ability to demand records from libraries and other institutions, conduct "roving wiretaps" in surveillance operations and single out "lone wolf" terrorists who operate independently of a larger group.

In another concession to lawmakers who pushed for greater government restrictions, the plan agreed to on Thursday eliminated a proposal that would make it a crime punishable by one year in prison for anyone receiving certain types of records demands from the government to disclose them publicly.

The current plan also does not include measures that would have increased penalties on some terrorism-related crimes and would have expanded the government's ability to seek the death penalty in some cases.

Senator Arlen Specter, the Pennsylvania Republican who leads the Judiciary Committee, acknowledged that he would like to have seen tougher civil liberties safeguards included in the compromise plan, but he faced resistance from House negotiators and administration officials who argued that new restrictions could limit the government's ability to fight terrorism.

Mr. Specter added that Bush administration officials "have been very worried that they wouldn't get a bill, and we came perilously close to not getting a bill at all."

Even before Mr. Specter finished announcing the agreement at a news conference, a bipartisan group of six senators who have been active in the debate were attacking the compromise, saying they were "gravely disappointed" in the deal and would oppose it.

"We still can, and must, make sure that our laws give law enforcement agents the tools they need while providing safeguards to protect the constitutional rights of all Americans," the senators said in a statement, which was signed by three Republicans, Senators Larry E. Craig of Idaho, John E. Sununu of New Hampshire and Lisa Murkowksi of Alaska, and three Democrats, Senators Feingold, Richard J. Durbin of Illinois and Ken Salazar of Colorado.

Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary Committee, refused to sign on to the compromise plan, saying Democrats were excluded from important negotiations. With provisions of the law set to expire at the end of the year unless Congress acts to renew them, Mr. Leahy proposed a three-month extension unless a different plan was reached.

The American Civil Liberties Union, meanwhile, called the agreement a "sham compromise" and said it would not prevent possible abuses by the Federal Bureau of Investigation in demanding records and conducting surveillance operations that may have little or no connection to terrorism.

The latest deal drew praise from the Bush administration, with Attorney General Alberto R. Gonzales calling it a "comprehensive" bill and urging quick passage.