PATRIOT ACT REAUTHORIZATION: A LEGAL ANALYSIS (CRS)

The existing controversy over reauthorization of the USA Patriot Act
-- portions of which will "sunset" if they are not renewed --
acquired a new dimension with the disclosure last month of an NSA
domestic surveillance operation.

Some now argue that the Patriot Act should not be reauthorized before
the Bush Administration's claims of inherent presidential authority
to conduct domestic intelligence surveillance outside of the
framework of law (FISA) are confronted and clarified.

"The extensive new powers requested by the executive branch in its
proposal to extend and enlarge the Patriot Act should under no
circumstances be granted unless and until there are adequate and
enforceable safeguards to protect the Constitution and the rights of
the American people against the kinds of abuses that have so
recently been revealed," said former Vice President Al Gore in a
January 16, 2006 speech.

Much of the Patriot Act is unobjectionable to anyone, and some of it
is positively sensible. But it also has controversial provisions on
"national security letters" as well as several totally extraneous
provisions inserted by House Republicans.

A detailed assessment of the entire piece of legislation was prepared
by the Congressional Research Service. A copy was obtained by
Secrecy News.

See "USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R.
3199): A Legal Analysis of the Conference Bill," January 17, 2006:

http://www.fas.org/sgp/crs/intel/RL33239.pdf