Revise the Patriot Act to increase oversight on government surveillance

Bill pending in Congress

Updated: Monday, January 4th, 2010 | By Wes Allison

As a candidate for president, then-Sen. Barack Obama railed against parts of USA Patriot Act that gave the Bush administration sweeping powers to intercept phone and e-mail communications in the name of fighting terrorism with little judicial or congressional oversight, and Obama pledged to institute "robust" checks and balances if elected.

Now that he's in charge of keeping America safe, President Obama sounds a bit less strident. His attorney general, Eric Holder, has asked Congress to renew three controversial provisons of the Patriot Act that expire in 2010, disappointing liberal Democrats and civil liberties groups who say the provisions endanger civil liberties and foster inappropriate government spying. At the top of this list is the so-called "lone wolf" provision, which allows the government to track and monitor a suspected terrorist with far less evidence than typically required.

However, the Obama administration is backing a Senate bill that would increase congressional and judicial oversight over government eavesdropping, while preserving most of the eavesdropping options granted by the Patriot Act. That bill, S. 1962, passed the Senate Judiciary Committee on Oct. 8, 2009, and Holder endorsed it in a letter dated Nov. 9. It keeps the lone wolf provision intact, as Holder requested, but with new requirements for showing such monitoring is necessary.

By contrast, the administration apparently has remained silent on a competing House bill, H.R. 3845, that would allow some controversial Patriot Act powers to sunset in 2010. That bill, which passed the House Judiciary Committee on Nov. 5, has the backing of liberal Democrats and many civil liberties groups, including the American Civil Liberties Union.

Although the Obama administration supports a more limited overhaul than many of the president liberal's allies would like, the bill the White House supports would fulfill Obama's pledge of revisiting the Patriot Act and boosting oversight. However, by passing the Senate Judiciary Committee, that bill has reached only the first of many stops on the trip to Obama's desk.

Therefore, PolitiFact.com rates this promise is In the Works.

Sources: Letter from U.S. Attorney General Eric Holder to the Senate Judiciary Committee and Senate Intelligence Committee expressing support for S. 1692.

The Hill, Obama Stares Down Patriot Act Criticism , Nov. 12, 2009

American Civil Liberties Union breakdown of H.R. 3845.

ACLU comparison chart of two Senate bills, S. 1692 and S. 1686, to amend and reauthorize the Patriot Act. The Obama administration generally supports S. 1692.

Congressional Research Service summary of H.R. 3845, courtesy of Govtrack.us.

Congressional Research Service summary of S. 1692, courtesty of Govtrack.us.

Transcript of the Nov. 4, 2009 House Judiciary Committee markup of the H.R. 3845.

Floor statement of Senate Judiciary Chairman Patrick Leahy, D-Vt., introducing S. 1692 on Sept. 22, 2009. Link to text from www.Thomas.gov provided courtesy of www.govtrack.us .