|
|
|
||||
|
||||||
|
Compromise Draft Anti-Terrorism Bill SummaryFrom House Judiciary Cmte. Democrats (Sep. 27, 2001)
The document below was first obtained by National Journal's
Technology Daily, EFF received the document on Thursday, Sept. 27, 2001. We have been told that it reflects negotiations over the provisions of the Ashcroft anti-terrorism bill (ATA) within the House Judiciary Committee, from the perspective of the Democrats (as of that date). The chair of the committee is James Sensenbrenner, Chair, R-WI. EFF has not verified and therefore does not vouch for its authenticity. We also have not reviewed the document's comments on the meaning of existing law or the ATA for accuracy. EFF does not usually post this sort of document, and by no means endorses any of the proposals -- obviously, we have not seen any actual bill text relating to these negotations. Given the interest in ATA and the secrecy surrounding its progress, however, EFF feels that publishing the document has some value. If anyone can verify its authenticity or inauthenticity, please contact Lee Tien, tien@eff.org [Note: EFF received the document as a fax that was not scannable, so we retyped it, attempting to preserve all original underlining. Spelling errors were corrected. We hope we made no typing errors.] Proposed Compromise Antiterrorism BillTitle 1 - Intelligence GatheringGeneral: This entire title would sunset after two years and two months (December 2003). We had requested limiting to terrorism offenses, but Chairman Sensenbrenner would not agree to this. Subtitle A - Electronic SurveillanceSection 101. Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices. Limit so that it does not permit access to any content. Section 102. Seizure of Voice Mail Messages Pursuant to Warrants. Delete proposed clarification of definition relating to communications. Section 103. Authorized Disclosure. Narrowed permitted disclosure to law enforcement and intelligence personnel. Section 105. Use of Wiretap. Drop entirely. Section 106. Interception of Computer Trespass Information. Section 109. Clarification of Scope. Clarified that alleged terrorists do not receive advance notice of wiretap order. Subtitle B - FISASection 153. Foreign Intelligence Information. We have requested that this section be dropped. They are proposing that it be limited to "significant." Section 154. Foreign Intelligence Information Sharing. Section 156. Business Records. In lieu of Administrative Subpoena, the bill will require law enforcement to obtain a court order to obtain business records (similar to "trap and trace" requirements). Section 157. Miscellaneous National Security Authorities. Eliminate the proposal to expand the number of personnel who have National Security Letter authorization. We have also requested that this section be dropped, or at a minimum, that it not eliminate the agent of foreign power requirement. Section 158. - Disclosure of Educational Records. Dropped. Title II. ImmigrationSection 201. Definitions Relating to Terrorism. Eliminated provision that made spouses and children of terrorists inadmissible or deportable merely on the basis of their relationship to a terrorist. Eliminated the provision that and alien is inadmissible or deportable merely by having given funds to a terrorist organization or to an organization that commits terrorist activity. By doing so, it is our intention to preserve the current law's recognition that funds given solely for humanitarian purposes is not a deportable offense. Removed the broad definition of terrorist group that would have prohibited in all cases the solicitation of humanitarian funds for terrorist groups. Section 202. Mandatory Detention of Suspected Terrorists, Habeas Corpus and Judicial Review. The standard of certification that the Attorney General needs to meet is modified to say that the Attorney General must have "reasonable grounds to believe" that the alien is deportable or inadmissible as provided in the terrorism provisions. The Administration proposal had set the standard at "reason to believe." The Attorney General is required to bring removal or criminal charges against anyone detained under this section within 7 days. The Administration's proposal would have allowed indefinite detention. We also clarified that the habeas corpus procedure may be used for judicial review of the merits of the Attorney General's certification. In addition, under our proposal, only the Attorney General or the INS Commissioner has the authority to make a certification under this provision. It is otherwise non-delegable to any other official. We have combined the mandatory detention and habeas corpus provisions into a new section 236A of the INA in order to prevent the bar to judicial review currently in 236 from applying to this new procedure. Title III. Criminal JusticeSubtitle A. Substantive Criminal LawSection 305. Biological weapons. Portion regarding list of biological agents compiled by HHS dropped. Section 309. Definition. Narrowed definition of federal terrorism so that "coercing government" is part of offense along with other predicates. We are discussing as a technical matter whether the new definition of domestic terrorism raises any independent civil liberties concerns. Section 352. Notice. Dropped. Section 354. Grand Jury Matters. Limited release of grand jury information in terrorism cases to require court approval and limited recipients to law enforcement and intelligence personnel. Title IV. Financial InfrastructureSection 406. Restraint of property Subject to Criminal Forfeiture. Provision will be dropped. Section 505. Assistance to Countries Cooperating Against International Terrorism. Dropped. Other Provisions Added at the Insistence of the Minority - New Office of Deputy IG for civil rights and civil liberties to be created. Office would receive complaints regarding civil liberties abuses by federal law enforcement, unenforced hate crime complaints, racial and ethnic profiling and other civil rights and liberties abuses. Office to help serve as clearinghouse to explain rights and remedies to affected individuals. Office to file quarterly report to Congress and Attorney General. Office to have full subpoena and other authority of IG. Office to operate as "ombudsman" and publicize via media and internet. Funds to come from OJP. - Electronic Privacy Safeguards from H.R. 5018 reported last Congress - extend statutory exclusionary rule to cover stored electronic communications; increase government civil liability for violations of applicable law. We have requested to add Frank Tort Claims Provision. - Many families of legal immigrants are no longer eligible for immigration benefits resulting from of the sponsoring family member who died in the Sept. 11th attack. As a result, we have added a provision that would retain surviving immigrants' rights to benefits notwithstanding the death or disability of the family member. A safeguard is built in to prevent family members of the terrorists from benefitting. - New provisions authorizing added resources to tighten security and ease flow of goods on the Northern Border. - New provision authorizing expedited employment of translators. Other Provisions - New Reclamation Bill to provide for security of dams, facilities and resources. [end]
|
|
|
|
||
|
|
||||||
|
|
Please send any questions or comments to webmaster@eff.org. |
|||||