March 2004: Introduced in September 2003 by Rep. James Sensenbrenner (R-WI) and co-sponsored by Rep. Porter Goss (R-FL), chairman of the House Judiciary Committee, the Antiterrorism Intelligence Tools Improvement Act (H.R. 3179), a.k.a. "Patriot II," further strengthens and expands the laws that allow the FBI to conduct secret searches of American citizens. Unlike the Patriot Act, H.R. 3179 neglects to build in any measures that provide accountability and oversight, such as the sunset provisions. In fact, the bill proposes to make permanent the Patriot provisions that are scheduled to sunset in 2005, before these provisions are even reviewed by officials from both parties.

H.R. 3179 has serious implications for all three areas of the Core Freedoms campaign's concern: protecting the right to privacy; protecting free access to information; and promoting U.S. policies that reflect a commitment to individual rights, preserve these rights at home, and expand them internationally. Specifically, this bill threatens to:

1. strictly punish Americans for refusing to obey secret National Security Letters (NSLs), which allow the FBI to access personal records without court oversight and without any need to show evidence that the individual is involved in criminal activity;

2. limit judges from preventing the misuse of secret evidence by requiring secret, closed proceedings, even if the judge would prefer to hold an open hearing so that the accused may properly respond to accusations;

3. broadly expand the use of secret intelligence surveillance as evidence in civil cases unrelated to terrorism.

After meeting opposition from various organizations and elected officials from both parties, the bill’s proponents have resorted to stealth tactics to get its provisions passed. In 2003, at the last minute, some of H.R. 3179’s provisions were tacked on to the Intelligence Authorization Bill of 2004 (H.R. 2417) - an annual bill that allocates funds for intelligence agencies. Bush signed this bill into law on December 13, 2003, the day the U.S. military captured Saddam Hussein, thereby expanding the administration’s power to search and spy with no judicial oversight.

James Dempsey of the Center for Public Integrity said that the Intelligence Authorization Act is commonly used by politicians seeking to expand government powers under the radar and without careful and public scrutiny. Because of its "sensitive" nature, the bill is generally drafted in secret and viewed as a "must-pass" piece of legislation and is therefore never subject to debate.

The Patriot provisions that bills such as H.R. 3179 seek to expand were enacted in a moment of extreme emotion and alarm-circumstances that seldom foster the most effective, enduring, and just public policy. Recognizing this, many legislators who supported the Patriot Act did so with the understanding that many of its provisions would be reviewed in 2005, and all who endorsed this legislation are now obligated to evaluate these provisions carefully. However, so far the efforts of those seeking to revise and review the Act have been thwarted by those who believe the best way to protect American citizens is by writing and passing legislation in secrecy, without any of the Act’s supporters or critics knowing about it. The dialogue and debate that was intended for this kind of antiterrorism legislation is

In addition to H.R. 3179, the following five bills are also pending in Congress, all of which contain provisions taken from Patriot II:

1. The Antiterrorism Tools Enhancement Act of 2003 (H.R. 3037) gives the FBI authority to use NSLs to confiscate any records and compel any testimony without oversight from the FISA court. As in section 215, subjects of investigation are subject to a gag order and face jail time for any violation of the nondisclosure clause.

2. The Terrorist Penalties Enhancement Act of 2003 (H.R. 2934 and S. 1604) creates 23 new death penalties by making all 43 federal terrorism crimes subject to punishment of death. Many of the added instances of terrorism are so broad that they could potentially include civil disobedience activities or activities in exercise of First Amendment rights.

3. The Pretrial Detention and Lifetime Supervision of Terrorists Act of 2003 (H.R. 3040 and S. 1606) denies bail to anyone accused of domestic or international terrorism. In this instance, domestic terrorism could potentially include legal demonstrations if they were to turn violent. These bills also impose a presumption of pretrial detention for anyone suspected of domestic or international terrorism and require lifetime federal supervision for those convicted.

For further information on Patriot II:
Alternet
FindLaw’s Writ
Electronic Frontier Foundation

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