U.S. President George W. Bush signed new antiterrorism legislation today to expand law enforcement powers to combat terrorism.  “Today we take an essential step in defeating terrorism while protecting the constitutional rights of all Americans,” Bush said at the White House during the signing ceremony.

The legislation took less than six weeks to pass through the U.S. Congress (Reuters/New York Times, Oct. 26).

The U.S. Senate passed the legislation yesterday in a 98-1 vote, following House of Representatives approval Wednesday (see GSN, Oct. 25). 

The law would grant most of the new law enforcement powers requested by Attorney General John Ashcroft after the Sept. 11 terrorist attacks in New York and Washington.  Its provisions include the following new powers:

Roving wiretaps.  Law enforcement officials were previously required to submit a request for permission from a special court to tap each phone they wish to monitor.  The new law will allow officials to ask for permission only once to tap any phone a suspected terrorist uses.

Computer monitoring.  Investigators will be able to subpoena the addresses and times of e-mail messages sent by terrorist suspects, similar to subpoenas for phone records under previous law.

Sharing intelligence and criminal information.  Intelligence organizations and criminal justice officials will be allowed to share information on investigations, including grand jury information. 

Detention.  Under the new law, the attorney general or commissioner of immigration can detain a non-U.S. citizen for up to seven days without charging them with a crime, rather than 48 hours, as previous law stipulated. 

Search warrants.  Federal officials can obtain nationwide search warrants for terrorism investigations.

Increased penalties.  The law will increase sentences for terrorist acts and harboring or financing terrorists.  It will also make terrorist attacks on mass transit systems a federal crime.

Foreign intelligence purpose.  National security investigators can now obtain authority to wiretap suspects in terrorism cases if officials can prove foreign intelligence operations are a significant aspect of the investigation, rather than the only purpose of the investigation, as previous law required.

Bioterrorism.  The law criminalizes possession of biological or chemical agents that could be used as a weapon, unless it is for a peaceful purpose.

Money laundering.  The law carries several measures to combat money laundering, a major part of terrorist financing.  The Treasury Department can now impose sanctions on banks in foreign countries that deny information to the FBI or other agencies; require banks to increase efforts to determine the sources of large overseas accounts; and monitor U.S. transactions in the nearly paperless hawala financial system.

“Shell banks.”  The law bars U.S. banks from conducting business with foreign “shell banks,” which are outside regulated banking systems.

Disclosure suits.  The U.S. government can be sued under the law for information leaks gained through the new surveillance powers (Adam Clymer, New York Times, Oct. 26).

The law also encourages the CIA to recruit unsavory agents to infiltrate terrorist groups, said Senator Bob Graham (D-Fla.).  “The Congress clearly states that we direct the intelligence community that our priority is protecting the lives of Americans, even if we have to do so with people that we wouldn’t necessarily want to invite to lunch,” he said yesterday (James Kuhnhenn, Miami Herald, Oct. 26).

Although the new law greatly increases the powers of law enforcement officials, lawmakers denied some of Ashcroft’s requests.  The expanded surveillance powers on phones and computers expire in four years, when Congress will review the continuing necessity of the provisions.  The law also limits detaining immigrants without charge to seven days, rather than the indefinite period the White House had wanted, although in some circumstances the detention period could be repeatedly extended.  Congress also did not grant law enforcement the ability to use foreign wiretap information that would not have been illegal in the United States (Clymer, New York Times, Oct. 26).

Support for the Law

Ashcroft said yesterday he would immediately issue guidelines to FBI agents and U.S. attorneys after President Bush signed the law explaining how they could use the new powers to fight terrorism.

“Let the terrorists among us be warned.  If you overstay your visas even by one day, we will arrest you.  If you violate a local law, we will … work to make sure that you are put in jail and … kept in custody as long as possible.  We will use every available statute.  We will seek every prosecutorial advantage.  We will use all our weapons within the law and under the Constitution to protect life and enhance security for America,” he said. 

“Some will ask whether a civilized nation, a nation of law and not of men, can use the law to defend itself from barbarians and remain civilized.  Our answer unequivocally is yes.  Yes, we will defend civilization.  And, yes, we will preserve the rule of law, because it is that which makes us civilized,” he added (Dan Eggen, Washington Post, Oct. 26).

“This legislation ensures that every law enforcement and intelligence agency with information on terrorist activities can readily share with others who need to know,” said Senate Minority Leader Trent Lott (R-Mo.) (Dave Boyer, Washington Times, Oct. 26).

If officials had had the legislation’s new powers to share information between intelligence and law enforcement officials, they might have been able to prevent the Sept. 11 attacks, said Senator Orrin Hatch (R-Utah).

Opposition to the Law

In a related action, Senator Russ Feingold (D-Wis.), the only senator to vote against the law, expressed concern that the legislation infringed too deeply on civil liberties.  He said the legislation would give law enforcement too much authority to access personal medical and education records of innocent people who had only obscure contact with suspected terrorists (CNN “The Point with Greta Van Susteren” transcript, Oct. 25). 

“There is no doubt that if we lived in a police state, it would be easier to catch terrorists,” but that type of a country “would not be America,” he said (Jess Bravin, Wall Street Journal, Oct. 26).

“These new and unchecked powers could be used against American citizens who are not under criminal investigation, immigrants who are here within our borders legally, and also against those whose First Amendment activities are deemed to be threats to national security by the attorney general,” said Gregory Nojeim of the American Civil Liberties Union (Eggen, Washington Post, Oct. 26).

Future Legislation

House Democrats presented a $7 billion proposal to fight bioterrorism yesterday, including $1.4 billion for vaccines and treatments (see GSN, Oct. 18) and $250 million to help the Postal Service safely handle tainted mail, such as recent letters containing anthrax (see GSN, this issue).  Two senators also recently announced proposals to tighten visa procedures, improve border controls and increase monitoring of foreigners in the United States (Bravin, Wall Street Journal, Oct. 26).

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