Senate Adopts Amendment to 215, But House Denies Sanders

For free speech and civil liberties groups fighting to amend Section 215 of the USA Patriot Act and restore readers' right to privacy, the events of the last few days were a classic case of good news, bad news. In the Senate's version of the USA Patriot Act reauthorization bill, significant progress was made in correcting and clarifying 215. Meanwhile, in the House, the Republican-led Rules Committee rebuffed efforts to introduce Rep. Bernie Sanders' (I-VT) amendment to restore reader privacy to its reauthorization bill. The maneuvering stood in stark contrast to the full House's June 15 approval of Sanders' Freedom to Read Amendment to a key appropriations bill by a vote of 238 - 187.

On July 21, the Senate Committee on the Judiciary, in its markup session on the USA Patriot Act reauthorization legislation, S. 1389, unanimously adopted an amendment to limit Section 215 searches to the records of people who are suspected of being agents of a foreign power or people known to them. This change means law enforcement officers would not be able to search the records of someone just because they claim it's relevant. If passed, the law would demand some clear connection to a foreign agent or terrorist.

Regarding the committee's action, ABA COO Oren Teicher said, "The Senate Judiciary Committee has made real progress in addressing our concerns about the Patriot Act."

The amendment adds to a number of key protections for reader privacy already contained in S. 1389, which was introduced by Senators Arlen Specter (R-PA) and Dianne Feinstein (D-CA).

In the Specter/Feinstein bill:

• The Director or Deputy Director of the FBI must sign off on a request for a Section 215 order before the FBI can request bookstore or library records;
• The Department of Justice is required to annually report publicly the number of times it has used Section 215 for bookstore and library records;
• Fourteen of the sunsetting provisions would be made permanent, while Sections 215 and 206 would sunset, or expire, in 2009;
• The recipient of a 215 order has the right to challenge the order in a FISA court; and
• The recipient of a 215 order has the right to consult an attorney, though the gag order is still in place.

Meanwhile, on Wednesday, July 20, the House Committee on Rules decided against including an amendment to the USA Patriot Act reauthorization bill (H.R. 3199) submitted by Sanders, despite the fact that, in June, a "substantively identical" amendment to the House appropriations bill was approved by a wide margin. The committee's decision means that Sanders' amendment to restore readers' right to privacy will not be voted on to be a part of the Patriot Act reauthorization bill that is currently before the House.

"It is an outrage that the Republican leadership has decided to use their power to subvert the will of the majority of House members," said Sanders. "Instead of respecting the will of the American people and their representatives in Congress, the Republican leadership has decided to trample on our democratic rights by denying Congress a vote." (As of press time, a final vote on H.R. 3199 was expected later this evening.)

Sanders' amendment, which was co-sponsored by Reps. Butch Otter (R-ID), John Conyers (D-MI), Ron Paul (R-TX), Jerrold Nadler (D-NY), and Tom Udall (D-CO), cut Justice Department funds for bookstore and library searches under Section 215 of the USA Patriot Act.

"We will continue to work to ensure that the American people's voices are heard on this matter," Sanders said, "by fighting to make sure our previously passed appropriations amendment is made into law."

According to the New York Times, the House Rules Committee included just 20 of the 47 amendments offered -- nine from Republicans, six from Democrats, and five bi-partisan. In addition to refusing Sanders' amendment, the committee refused amendments that would have "forced reconsideration of certain Patriot Act provisions in four years instead of 10," which is what is currently proposed in the Patriot Act reauthorization bill, the Times reported.

For more information about the Campaign for Reader Privacy and Section 215 of the Patriot Act, go to www.bookweb.org/read/7679.