History of The USA PATRIOT Act - Birth of The USA PATRIOT Act

Birth of The USA PATRIOT Act

The first version of the Patriot Act was introduced into the House on October 2, 2001 as the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001, and was later passed by the House as the Uniting and Strengthening America (USA) Act (H.R. 2975) on October 12. This was based on the afore-mentioned Anti-Terrorism Act, but had been changed after negotiations and work between Attorney General Ashcroft, Senators Leahy, Paul Sarbanes (D-MD), Bob Graham, Trent Lott (R-MS) and Orrin Hatch. It was introduced into the Senate as the USA Act of 2001 (S. 1510) by Tom Daschle (D-SD) where Senator Russ Feingold (D-WI) proposed a number of amendments, none of which were passed. Feingold amended the provision relating to interception of computer trespasser communications, limited the roving wiretap authority under FISA and modified the provisions relating to access to business records under FISA. The USA Act was later vitiated and indefinitely postponed, because the Senate and House bills could not be reconciled in time.

The USA PATRIOT Act, H.R. 3162, was introduced into the House on October 23. It incorporated H.R. 2975 and S. 1510 and many of the provisions of H.R. 3004 (the Financial Anti-Terrorism Act). Though there were some objections and concerns raised about the legislation, a motion was made to suspend the rules, and the bill was passed. Patrick Leahy in particular commented that "our ability to make rapid progress was impeded because the negotiations with the Administration did not progress in a straight line. On several key issues that are of particular concern to me, we had reached an agreement with the Administration on Sunday, September 30. Unfortunately, over the next two days, the Administration announced that it was reneging on the deal. I appreciate the complex task of considering the concerns and missions of multiple Federal agencies, and that sometimes agreements must be modified as their implications are scrutinized by affected agencies. When agreements made by the Administration must be withdrawn and negotiations on resolved issues reopened, those in the Administration who blame the Congress for delay with what the New York Times described as "scurrilous remarks," do not help the process move forward." The Act was opposed by only one vote, the sole dissenting Senator being Russ Feingold who found a number of measures objectionable or troubling. Feingold's concerns included the way that the bill was passed, aspects of the wiretapping provisions, the changes to search and seizure laws, the expanded powers under FISA that allowed law enforcement to gain access to business records and the changes to detention and deportation laws for immigrants. The Act had a number of "sunsets" included in it after insistence by Republican Representative Richard Armey (R-TX) However, the Act took into account any ongoing foreign intelligence investigations and allowed them to continue once the sections had expired.