THE PROGRESSIVE CONSERVATIVE, USA
An Online Journal of Political Commentary & Analysis
Volume VII, Issue # 180, August 18, 2005
Dr. Almon Leroy Way, Jr., Editor
Government Committed to & Acting in Accord with Conservative Principles
Ensures a Nation's Strength, Progress, & Prosperity
REAUTHORIZATION OF THE USA PATRIOT ACT
By Jon Kyle
THE PROPOSED USA PATRIOT & TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005: CONGRESSIONAL LEGISLATION TO
STRENGTHEN AS WELL AS CONTINUE PROVIDING THE LEGAL TOOLS U.S. LAW ENFORCEMENT OFFICIALS NEED TO PRESERVE &
PROTECT AMERICA'S HOMELAND SECURITY & DEFEND THE NATION AGAINST INTERNAL SUBVERSION & ACTS OF TERROR --
LEGAL TOOLS FOR WINNING THE WAR AGAINST ISLAMIST TERRORISM ON THE HOME FRONT
FULL STORY:
In July, 2005, the U.S. Senate Judiciary Committee, on which I sit, unanimously approved legislation to reauthorize provisions of
the USA Patriot Act that are due to "sunset," or expire, at the end of this year. [1]
Passed in response to the September 11, 2001, Islamist terrorist attacks, the USA Patriot Act updated federal law in many areas
where it was either simply inadequate to begin with, or rendered obsolete by the nature of modern terrorism and advances in
technology. Rules written in the era of rotary telephones were woefully inadequate against al-Qa'ida's exploitation of cell phones,
voice mail, and the Internet. Criminal penalties for terrorist violence were often more lenient than those for simple assault. It was
even unclear whether providing expert advice and assistance to attackers -- for example, helping to weaponize anthrax -- was
illegal.
The Patriot Act provided law enforcement and intelligence agencies with the new and better legal tools they need to deal with a
new kind of adversary. One example: a streamlined process for obtaining search warrants and phone taps in multiple jurisdictions,
making it easier to track suspects who are constantly on the move.
The results speak for themselves. For example, after the act became law (six weeks after the fall of the Twin Towers), four different
terrorist cells were broken up in Buffalo, Detroit, Seattle, and Portland. The U.S. Justice Department charged hundreds of
defendants with criminal offenses, the charges made as a result of post-9/11 terrorism investigations. And, since then, no attack
has occurred on our soil.
To allow effective measures like those in the Patriot Act to expire would deny our law enforcement officials the tools they need to
do their jobs.
Last month's unanimous Judiciary Committee vote was the result of a compromise that included both the Justice Department's top
priorities for updates to the law as well as modifications designed to assuage concerns about civil liberties. Among other
provisions, the Patriot Act reauthorization bill:
Removes a cumbersome and outdated requirement that the Justice Department
report to a court whenever information derived from intelligence surveillance is
later used in a criminal prosecution.
Standardizes the requirements for obtaining a subpoena for intelligence
investigators to monitor a suspect's incoming and outgoing Internet usage.
The original bill set a higher threshold for such subpoenas than current law
requires for garden-variety criminal offenses, a provision which made no sense.
Removes requirements that detailed information about the use of particular
intelligence tools be made public. Use of these tools already is reported in
classified form to the Senate and House Intelligence Committees. Field agents
expressed concern that revealing specific information about some of these
infrequently used tools could tip off terrorists to ongoing investigations.
Makes permanent, at my request, temporary improvements in a separate
statute passed last year that make it a crime to knowingly provide any aid to
a terrorist group. Specifically, the bill broadens the definition of such "aid,"
and clarifies several terms in the statute in order address civil liberties
concerns.
Clarifies that a delay in giving notice that a judicial search warrant has been
executed is presumptively reasonable for seven days, and that further delays
must be justified by the facts of the case.
Specifies that intelligence subpoenas of business records must be relevant
to the associations or activities of a suspected terrorist or foreign agent.
This provision conforms to current practices, while alleviating concerns
about the possibility that anti-terror investigators might conduct "fishing
expeditions" of business records.
I am proud to be an original co-sponsor of this bill to reauthorize the Patriot Act. The war on Islamist terrorism changes daily; and
we must be equally flexible and adaptable in waging it.
NOTE:
[1] On July 29, 2005, the U.S. Senate, by unanimous consent and with no floor debate,
voted to pass its version of the USA Patriot Act reauthorization bill, S. 1266. On the
same day, the U.S. House of Representatives, after a short debate and by a vote of
257 to 171, passed H.R. 3199, the House version of the reauthorization bill. S. 1266
and H.R. 3199 are to go to a House-Senate conference committee, the task of which
is to come with a compromise version of the proposed "USA Patriot and Terrorism
Prevention Reauthorization Act of 2005."
LINKS TO RELATED TOPICS:
The USA Patriot Act
International Terrorism & Homeland Security
Domestic Terrorism & Homeland Security
The Threat of Radical Islam
The Middle East & the Arabs
War & Peace in the Real World
Islamist Terrorist Attacks on the U.S.A.
Osama bin Laden & the Islamist Declaration of War
Against the U.S.A. & Western Civilization
Islamist International Terrorism &
U.S. Intelligence Agencies
U.S. National Security Strategy
Jon Kyle is a Republican member of the U.S. Senate, elected from and representing the State of Arizona.
Return to Top of Page
Go to the WEBSITE INDEX
Return to Beginning of
THE PROGRESSIVE CONSERVATIVE, USA,
Public Issues & Political Controversies
Return to Beginning of
THE PROGRESSIVE CONSERVATIVE, USA
Most Recent Articles
Return to Beginning of
THE PROGRESSIVE CONSERVATIVE, USA,
Volume VII, 2005
Return to Beginning of
THE PROGRESSIVE CONSERVATIVE, USA,
Subject Matter Highlights
Return to POLITICAL EDUCATION Homepage
CONTACT & ACCESS INFORMATION
This is not a commercial website. The sole purpose of the website is to share with interested persons information regarding civics,
civic and social education, political science, government, politics, law, constitutional law and history, public policy, and political
philosophy and history, as well as current and recent political developments, public issues, and political controversies.
POLITICAL EDUCATION, CONSERVATIVE ANALYSIS
POLITICS, SOCIETY, & THE SOVEREIGN STATE
Website of Dr. Almon Leroy Way, Jr.
Government, Politics, Public Policy, Legal Issues, Constitutional Law, Government & the Economy, Cultural Values, Foreign Affairs,
International Relations, Military Defense & National Security, Geopolitics, Terrorism & Homeland Security, American National Interests,
Political Systems & Processes, Political Institutions, Political Ideologies, & Political Philosophy
INDEX FOR THE ENTIRE WEBSITE
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
THE PROGRESSIVE CONSERVATIVE, USA
An Online Journal of Political Commentary & Analysis
Dr. Almon Leroy Way, Jr., Editor
Conservative & Free-Market Analysis of Government, Politics & Public Policy, Covering Political, Legal, Constitutional, Economic,
Cultural, Military, International, Strategic, & Geopolitical Issues