Push by GOP ends attempt to scale back Patriot Act

By Dan Morgan and Charles Babington
The Washington Post

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By a 210-210 tie vote that GOP leaders prolonged for 23 tumultuous minutes while they corralled dissident members, the House rejected a proposed change to the USA Patriot Act that would have barred the Justice Department from searching bookstore and library records. White House officials, citing the nearly three-year-old law's importance as an anti-terrorism tool, warned that an attempt to weaken it would be vetoed.

But the victory came only after GOP tactics infuriated Democrats and several Republicans. The vote, scheduled to last 15 minutes, dragged on for 38 minutes despite outraged shouts and a unified chant of "shame ... shame ... shame" from Democrats.

The floor fight was reminiscent of November's vote on a Medicare prescription-drug program, when GOP House leaders kept the vote going for nearly three hours while they persuaded reluctant members to support the bill.

Yesterday's showdown was the latest in a series of bipartisan challenges this week on the House floor to administration positions on trade sanctions against Cuba, budget cuts in a major loan program of the Small Business Administration, and funding for programs promoting democracy abroad. The House last month approved a bill that slashed many of the Bush administration's initiatives in land conservation and the environment.

Senate negotiators, defying the White House, insisted last week on pushing for a six-year transportation bill costing $318 billion — $62 billion more than the administration ceiling.

What the Patriot Act does Allows the FBI and the CIA to share evidence. Permits the FBI to ask federal judges on the secret Foreign Intelligence Surveillance Act court for orders to force businesses to turn over records in terrorism or intelligence probes. To secure FISA orders allowing other types of searches and surveillance, agents must show "probable cause" that the subject of such a probe is "an agent of a foreign power." Under the Patriot Act, agents must say only that the business records they want are sought in a terrorism or intelligence probe. Businesses may not tell anyone about such orders. Allows prosecutors to ask judges to delay "for a reasonable period" telling people that their homes or offices have been secretly searched in a criminal probe. Allows U.S. agents in terrorism and intelligence probes to obtain court orders for "roving" wiretaps, which involve surveillance on various electronic devices used by a subject. Gannett News Service

With President Bush's approval rating slipping as a result of setbacks in the Iraq war, lawmakers in both parties appear emboldened to defy the White House and the House GOP leadership.

"The Republican leadership is out of control," said Rep. Marty Meehan, D-Mass. "Today's vote on the Freedom to Read Protection Act is just the latest example of a growing trend toward abusive, closed-fist partisanship on the part of Republican House leadership."

Rep. C.L. "Butch" Otter, R-Idaho, a conservative and an advocate of the defeated provision, told reporters after the vote: "You win some, and some get stolen."

The electronic tally board above the visitors' gallery at one point showed the proposal passing 219-201. But as the Republican whip organization went to work to persuade defectors to switch, the number of those voting for passage dropped steadily.

The final count recorded 18 Republicans joining 191 Democrats and Rep. Bernie Sanders of Vermont, the House's lone independent and the chief author of the amendment to limit some powers of the Patriot Act. Sanders called the proceedings "an outrage" and "an insult to democracy."

According to a list read by a House clerk, lawmakers switching their votes from "yes" to "no" included Republicans Michael Bilirakis of Florida, Rob Bishop of Utah, Tom Davis of Virginia, Jack Kingston of Georgia, Marilyn Musgrave of Colorado, Nick Smith of Michigan, Thomas Tancredo of Colorado and Zach Wamp of Tennessee.

Some Democrats switched from "no" to "yes," including Robert "Bud" Cramer of Alabama, Rodney Alexander of Louisiana and Brad Sherman of California.

Democrat Adam Smith joined Washington state's three Republicans in voting against the Patriot Act changes. He was one of only four Democrats to do so.

The House has voted in the past to block portions of the Patriot Act, but Congress never has managed to alter any part of the law. The law was passed quickly in the weeks after the Sept. 11 attacks. It gave the government strong powers and leeway to conduct investigations and detain suspects.

Supporters of the Sanders proposal argued that fighting terrorism did not justify encroachments on basic liberties that are implicit in the broad authority the plan gives to law-enforcement agencies charged with hunting terrorists. Addressing the House before the vote, Sanders said: "All of us want to support the law-enforcement officials going after terrorists, but we can defeat terrorism without allowing the government to get a secret order from a secret court without any showing of any evidence that the person whose reading records are sought is engaged in any kind of illegal conduct."

His amendment had the support of groups that include the American Booksellers Association, the American Library Association and the PEN American Center, representing writers.

Supporters of the Patriot Act say authorities need to track potential al-Qaida members who communicate using Internet facilities in public libraries.

Rep. Frank Wolf, R-Va., who chairs the subcommittee that drafted the underlying spending legislation before the House yesterday, said, "I believe the Patriot Act has helped" safeguard the safety of Americans.

Other Republicans said there were few examples of the act being used to invade the privacy of library users.

Yesterday's battle was over an amendment to a $39.8 billion bill financing the departments of Commerce, Justice and State for next year; it passed 397-18. The Senate has not taken up its version of the spending measure.

Information on the Washington state delegation and the list of those who changed their votes were provided by The Associated Press.

Copyright © 2004 The Seattle Times Company

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