Stealth enactment of the 'Patriot II'
by Various Sources • Tuesday December 16, 2003 at 10:15 PM
New legislation introduced last Saturday under the cover of Saddam's
alleged "capture" which increased the federal powers to investigate and
reduces the privacy rights of American citizens :
Dec 13 2003--Bush Signs Patriot Act II
Today, I have signed into law H.R. 2417, the "Intelligence Authorization
Act for Fiscal Year 2004." The Act authorizes funding for United States
intelligence activities, including activities in the war against terrorists
of global reach.
Section 506A(c) of the National Security Act of 1947, as enacted by
section 312(b) of the Act, purports to require the President to request
that the Congress enact laws appropriating funding for a major intelligence
system procurement in an amount set as a cost estimate by an entity subordinate
to the President or to explain why the President instead requests amounts
below those levels. Moreover, beginning with the submittal to the Congress
of the President's budget for FY 2006, section 312(d)(2) of H.R. 2417 purports
to condition the obligation or expenditure of funds for development or
procurement of a major intelligence system on the President's compliance
with the requirements of section 506A. The executive branch shall construe
these provisions in a manner consistent with the Constitution's commitment
to the President of exclusive authority to submit for the consideration
of the Congress such measures as the President judges necessary and expedient
and to supervise the unitary executive branch, and to withhold information
the disclosure of which could impair the deliberative processes of the
Executive or the performance of the Executive's constitutional duties.
Section 341(b) purports to require the Attorney General and the Director
of Central Intelligence, acting through particular offices subordinate
to them respectively, to establish certain policies and procedures relating
to espionage prosecutions. The executive branch shall implement this provision
in a manner consistent with the authority committed exclusively to the
President by the Constitution to faithfully execute the laws and to supervise
the unitary executive branch. Similarly, sections 1102(a) and 1102(c) of
the National Security Act, as enacted by section 341(a) of the Act, purport
to mandate that the Director of Central Intelligence use or act through
the Office of National Counterintelligence Executive to establish and implement
an inspection process for all agencies and departments of the U.S. Government
that handle classified information. The executive branch shall implement
this provision in a manner consistent with the President's constitutional
authority to supervise the unitary executive branch.
The executive branch shall construe and implement section 376 of the
Act, relating to making available classified information to courts, in
a manner consistent with the President's constitutional authority to classify
and control access to information bearing on the national security and
consistent with the statutory authority of the Attorney General for the
conduct of litigation for the United States.
Many provisions of the Act, including section 106 and subtitle D of
title III of the Act, seek to require the executive branch to furnish information
to the Congress on various subjects. The executive branch shall construe
the provisions in a manner consistent with the President's constitutional
authority to withhold information the disclosure of which could impair
foreign relations, national security, the deliberative processes of the
Executive, or the performance of the Executive's constitutional duties.
The executive branch shall implement section 319 of the Act in a manner
consistent with the requirement to afford equal protection of the laws
under the Due Process Clause of the Fifth Amendment to the Constitution.
Section 502 purports to place restrictions on use of the U.S. Armed
Forces and other personnel in certain operations. The executive branch
shall construe the restrictions -in section 502 as advisory in nature,
so that the provisions are consistent with the President's constitutional
authority as Commander in Chief, including for the conduct of intelligence
operations, and to supervise the unitary executive branch.
Section 106 enacts by reference certain requirements set forth in the
joint explanatory statement of the House-Senate committee of conference
or in a classified annex. The executive branch continues to discourage
this practice of enacting secret laws and encourages instead appropriate
non-binding uses of classified schedules of authorizations, classified
annexes to committee reports, and joint statements of managers that accompany
the final legislation.
GEORGE W. BUSH
THE WHITE HOUSE,
December 13, 2003.
http://www.whitehouse.gov/news/releases/2003/12/20031213-3.html
HR 2417 was cleared by the Congress on November 21, 2003
Comments of Ron Paul, Congressman for Texas on
HR 2417 :
It appears we are witnessing a stealth enactment of the enormously unpopular
"Patriot II" legislation that was first leaked several months ago. Perhaps
the national outcry when a draft of the Patriot II act was leaked has led
its supporters to enact it one piece at a time in secret. Whatever the
case, this is outrageous and unacceptable. I urge each of my colleagues
to join me in rejecting this bill and its incredibly dangerous expansion
of Federal police powers.
http://www.fas.org/irp/congress/2003_cr/h112203.html
http://www.cbo.gov/showdoc.cfm?index=4862&sequence=0
Bush signs bill extending FBI powers
Associated Press
WASHINGTON -- President Bush has signed legislation making it easier
for FBI agents investigating terrorism to demand financial records from
casinos, car dealerships, and other businesses.
The changes were included in a bill authorizing 2004 intelligence programs.
Most of the details of the bill are secret, including the total cost of
the programs, which are estimated to be about $40 billion. That would be
slightly more than Bush had requested.
Bush signed the bill Saturday, the White House announced.
The bill expands the number of businesses from which the FBI and other
US authorities conducting intelligence work can demand financial records
without seeking court approval.
Under current law, "national security letters" can be issued to traditional
financial institutions, such as banks and credit unions, to require them
to turn over information. The bill expands the definition of financial
institution to include other businesses that deal with large amounts of
cash.
Supporters of the change say it will help authorities identify money
laundering and other activities that fund terrorism. But some lawmakers
and civil liberties advocates say the change does not provide enough safeguards
to ensure that authorities will not violate the privacy of innocent people.
In other provisions, the bill:
Globe Newspaper Company
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and are not necessarily endorsed by the Vancouver IMC.
While
CNN and other media outlets are rejoicing because of the capture of Saddam
Hussein, Bush again introduced new legislation last Saturday which increased
the federal powers to investigate and reduces the privacy rights of American
citizens.
H.R. 2417, INTELLIGENCE AUTHORIZATION AGREEMENT OF 2004
Statement on H.R. 2417
Statement by the President
http://www.prisonplanet.com/121503stealthenactment.html
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