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Sources: Tentative Patriot Act Deal Struck
AP on Yahoo ^ | 11/16/05 | Laurie Kellman - ap

Posted on 11/16/2005 10:12:23 AM PST by NormsRevenge

WASHINGTON - House and Senate negotiators struck a tentative deal on the expiring Patriot Act that would curb FBI subpoena power and require the Justice Department to more fully report its secret requests for information about ordinary people, according to officials involved in the talks.

The agreement, which would make most provisions of the existing law permanent, was reached just before dawn Wednesday. But by midmorning GOP leaders had already made plans for a House vote on Thursday and a Senate vote by the end of the week. That would put the centerpiece of President Bush's war on terror on his desk before Thanksgiving, a month before more than a dozen provisions were set to expire.

Officials negotiating the deal described it on condition of anonymity because the draft is not official and has not been signed by any of the 34 conferees.

Any deal would mark Congress' first revision of the law passed a few weeks after the Sept. 11 terror attacks. In doing so, lawmakers said they tried to find the nation's comfort level with expanded law enforcement power in the post-9/11 era — a task that carries extra political risks for all 435 members of the House and a third of the Senate facing midterm elections next year.

For Bush, too, such a renewal would come at a sensitive time. With his approval ratings slipping in his second term, the president could bolster a tough-on-terrorism image.

The tentative deal would make permanent all but a handful of the expiring provisions, the sources said. Others would expire in seven years if not renewed by Congress. They include rules on wiretapping, obtaining business records under the Foreign Intelligence Surveillance Act (FISA) and new standards for monitoring "lone wolf" terrorists who may be operating independent of a foreign agent or power.

By noon, House Democrats on the panel were issuing objections to the seven-year expiration, arguing that since the House had endorsed the four-year expiration dates enacted as part of the Senate bill, the three provisions should "sunset" at four years, not seven. They also complained that Republican negotiators shut them out of the last phase of talks, a charge Republicans deny.

The draft also would impose a new requirement that the Justice Department report to Congress annually on its use of national security letters, secret requests for the phone, business and Internet records of ordinary people. The aggregate number of letters issued per year, reported to be about 30,000, is classified. Citing confidential investigations, the Justice Department has refused lawmakers' request for the information.

The 2001 Patriot Act removed the requirement that the records sought be those of someone under suspicion. As a result, FBI agents can review the digital records of a citizen as long as the bureau can certify that the person's records are "relevant" to a terrorist investigation.

Also part of the tentative agreement are modest new requirements on so-called roving wiretaps — monitoring devices placed on a single person's telephones and other devices to keep a target from evading law enforcement officials by switching phones or computers.

The tentative deal also would raise the threshold for securing business records under FISA, requiring law enforcement to submit a "statement of facts" showing "reasonable grounds to believe the records are relevant to an investigation. Law enforcement officials also would have to show that an individual is in contact with or known to be in contact with a suspected agent of a foreign power.

Not included are several "add-on" bills to which Democrats objected, including measures to limit federal appeals of state court decisions, require that sex felons face up to 20 years in prison for failing to comply with registration requirements, and tighten courthouse security.


TOPICS: Crime/Corruption; Foreign Affairs; Front Page News; Government; Politics/Elections; War on Terror
KEYWORDS: dealstruck; patriotact; sources; tentative

1 posted on 11/16/2005 10:12:23 AM PST by NormsRevenge
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To: NormsRevenge
lawmakers said they tried to find the nation's comfort level with expanded law enforcement power
Interesting......
2 posted on 11/16/2005 10:21:41 AM PST by GrandEagle
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To: GrandEagle

Can't wait to see this. If it is watered down, libs will say the President doesn't care about Americans. If it stays the same, libs will say the President is a Fascist.

Paging Karl Rove


3 posted on 11/16/2005 10:28:47 AM PST by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
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To: NormsRevenge

They are Imbeciles BUMP!


4 posted on 11/16/2005 10:30:00 AM PST by conservativecorner
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To: NormsRevenge
Ol' Winnie Smith mentioned something about that, just before the Two Minutes of Hate.

Big Brother up in FedSoc says we've always been at war with Eas'asia, so who am I to argue with the telly.

DoublePlusGood game of Footy last night, what?

5 posted on 11/16/2005 10:48:39 AM PST by FreedomFarmer (Demand a National Holiday in honor of John M. Browning.)
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To: EQAndyBuzz
Politically this is a no-win. The only thing that really matters is the country - and what is best.
IMHO nothing short of repealing the whole thing is a win for the nation.
6 posted on 11/16/2005 10:49:23 AM PST by GrandEagle
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To: NormsRevenge
... require the Justice Department to more fully report its secret requests for information ...

Oh, that'll be a big help...

7 posted on 11/16/2005 11:18:03 AM PST by talleyman (Who would Osamma vote for?)
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To: NormsRevenge
I would have preferred the four-year version.

Just in case Hitlery manages to win the presidency.
8 posted on 11/16/2005 12:33:49 PM PST by George W. Bush
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To: NormsRevenge; billbears
"In doing so, lawmakers said they tried to find the nation's comfort level with expanded law enforcement power in the post-9/11 era — a task that carries extra political risks for all 435 members of the House and a third of the Senate facing midterm elections next year."

As far as I know, not one of my state's Reprehensibles have surveyed the people of this state on that issue. Who are they talking to? where are they doing their talking? Except for the ever-increasing infringements upon Constitutional freedom and their ever-expanding appetite for more revenue confiscated from the masses, Washington might as well be Oblivion when it comes to hearing from those sent there on "our behalf".

9 posted on 11/16/2005 1:14:07 PM PST by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: talleyman

Isn't it funny how the FBI can "secretly" acquire any information about a person and not be required to disclose they've demanded that info, yet when they need to do a hatchet job on "a person of interest", the department conveniently leaks info like a seive???


10 posted on 11/16/2005 1:19:00 PM PST by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: George W. Bush
Just in case Hitlery manages to win the presidency.

Your comment indicates that you know it is a bad law.
It is always a really bad idea to pass a bad law now matter who is in office.
A bit like being a subject under the rule of a good king - you have liberty at the good graces of the king, not because he is powerless to prevent it.
11 posted on 11/16/2005 2:14:13 PM PST by GrandEagle
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To: NormsRevenge

Thanks for posting, a sad day for Freedom and Liberty and America.


12 posted on 11/16/2005 2:15:02 PM PST by Yasotay
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To: NormsRevenge

I would encourage all citizens to contact their Representative and Senators on this issue. TONIGHT!


13 posted on 11/16/2005 2:53:55 PM PST by Yasotay
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To: GrandEagle
Your comment indicates that you know it is a bad law. It is always a really bad idea to pass a bad law now matter who is in office.

Yes, of course, it's a bad law. But, barring restrictions on entry to this country and closing the border, it's unlikely we'll do any better short term. And we did manage to avoid the provisions of the renewal which were, as you know, permanent extension of the full Patriot Act, every odious anti-libery and anti-privacy provision intact.

We did all we could on this one. It really shows the changes that have happened over the years at FR that such laws could be renewed with so little comment here. We used to be so constitutionalist in the pre-Bush years. People forget what will happen if a Gore or a Clinton or a Kerry or a ________ holds the office.

Some of the emergency FEMA provisions are even worse and those date from the Eighties. After NOLA, one can scarcely imagine what FEMA would do with full federal police powers under martial law. Gungrabbing and forcible evacuations would be small stuff if those wackos took control.
14 posted on 11/16/2005 4:17:40 PM PST by George W. Bush
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To: Yasotay
I would encourage all citizens to contact their Representative and Senators on this issue. TONIGHT!

Who's on the conference committee? I'll call if my critters are on it.
15 posted on 11/16/2005 4:47:14 PM PST by George W. Bush
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To: George W. Bush

I emailed my Rep and Senators .... per the article it gets voted on Thursday in the House and by week's end in the Senate .... I don't know who's on the committee .... your last post about how FR has changed was sadly true ... maybe I'll repost tonight and see what happens ...


16 posted on 11/16/2005 5:31:32 PM PST by Yasotay
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To: NormsRevenge

several "add-on" bills to which Democrats objected, including measures to limit federal appeals of state court decisions, require that sex felons face up to 20 years in prison for failing to comply with registration requirements, and tighten courthouse security.

One wonders what is objectionable about any of that?


17 posted on 11/16/2005 5:35:23 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: George W. Bush
Some of the emergency FEMA provisions are even worse and those date from the Eighties. After NOLA, one can scarcely imagine what FEMA would do with full federal police powers under martial law. Gungrabbing and forcible evacuations would be small stuff if those wackos took control.

I absolutely agree. Too bad we couldn't have killed the whole law.

Cordially
GE
18 posted on 11/16/2005 7:10:57 PM PST by GrandEagle
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