Republicans make slight retreat on Patriot Act

WASHINGTON - Republicans in the US House of Representatives have beat a slight retreat on the USA Patriot Act, agreeing that two of the most controversial provisions in the terrorism-fighting law should be authorised for 10 years rather than being made permanent.

Sixteen provisions of the 2001 law, hastily enacted in response to the September 11 attacks on New York and Washington, are due to expire at the end of this year unless renewed by Congress. President George W. Bush has repeatedly called on lawmakers to make the entire law permanent.

The act allowed expanded surveillance of terror suspects and gave the government the ability to go to a secret court to seize the personal records of suspects from bookstores, libraries, businesses, hospitals and other organisations -- the so-called "library clause."

House Judiciary Committee chairman Rep. James Sensenbrenner introduced a bill to make the law permanent. He said last week's bomb attacks in London made it even more urgent to reauthorise the legislation.

"The security of the American people should not be subject to arbitrary expiration dates and should not provide an excuse for divisive partisan debates or political fund raising," said Sensenbrenner, a Wisconsin Republican.

However, during Judiciary Committee debate on Wednesday, California Rep. Dan Lungren suggested including 10-year "sunset provisions" to two key clauses, meaning they would need to be reauthorised by Congress once again in 2015. That amendment was eventually adopted 26-2, with all but one Republican and all but one Democrat supporting it.

Democrats had pushed for even shorter time limits. Virginia Rep. Bobby Scott offered an amendment calling for reauthorisation in 2009. When that was defeated along party lines, New York Rep. Jerrold Nadler offered another for reauthorisation in 2011. That too was defeated.

"Ten years is too long. Lots of things can happen in 10 years," Nadler said. "The liberties of Americans are worth focusing on a lot more than every 10 years."

Under the Lungren amendment, the two clauses that would not be permanent were the library clause and another dealing with so-called roving wiretaps, which allows the government to eavesdrop on suspects as they switch from phone to phone. Previously, law enforcement agents had to get a judge's permission for each phone number they wanted to monitor.

The House Intelligence Committee, which also has jurisdiction over the bill, approved it on Wednesday after agreeing to an additional five-year sunset provision on a clause that makes it easier for the government to monitor "lone wolf" suspects unaffiliated with a terrorist group or country.

The American Civil Liberties Union and other civil rights groups oppose the bill, saying it left too much power in government hands.

"Lawmakers should support common-sense amendments that would put checks against abuse under the Patriot Act and preserve our fundamental liberties," said ACLU senior counsel Lisa Graves.

The library clause has proved particularly controversial. Last month, in a rare defeat for the Republican leadership, the House voted 238-187 to prohibit public funds from being used for that part of the Patriot Act. Bush said he would veto a law including that prohibition if it ever reached his desk.

Some congressional officials said they thought the London attacks had made it more likely Republican dissidents would drop their objections and rally behind the bill.

Sensenbrenner hopes to present the bill to the full House for passage next week. Senate Republicans are working on similar legislation which may also include sunset provisions on some clauses.

- REUTERS