HOUSE DRAFTING VERSION OF COUNTERTERRORISM BILL PROPOSED BY DoJ
Equivalent of counterterrorism bill proposed this week by Attorney Gen. John Ashcroft is being drafted in House and is expected to be introduced within one week, Rep. Gibbons (R-Nev.) said. Gibbons, chmn. of House Intelligence Committee’s Human Intelligence, Analysis & Counterintelligence Subcommittee, told us in interview late Wed. that committee members “have a great deal of interest” in Ashcroft proposal. He said House might not create version identical to that of Dept. of Justice (DoJ) proposal, but it would include “suitable language to met the needs of” FBI and CIA.
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Ashcroft has been meeting with Intelligence and Judiciary committee leaders since Sun. on development of legislation that DoJ says is necessary to assist in U.S. counterterrorism and intelligence-gathering activities. Justice proposal, which began circulating Wed. (CD Sept 20 p3), would amend current Title 18 and Foreign Intelligence Surveillance Act (FISA) electronic surveillance laws.
Among DoJ’s proposed changes in wiretap-related legal language are: (1) Authorization for Internet service providers and common carriers to disclose customer communications to authorities when such communications indicate potential threat of death or serious injury. (2) Grant of nationwide “pen register” and trap & trace orders by federal judges. (3) Modification of FISA surveillance language to enable “roving wiretaps” during investigations of foreign agents. (4) Codification and clarification of what constitutes “computer trespasser” and seizure of communications resulting from unauthorized access to protected computers.
Although members of Intelligence and Judiciary committees have taken interest in enhancing govt. ability to investigate terrorist groups and individuals, Gibbons said he didn’t expect jurisdictional dispute between committees, saying jurisdiction “falls predominantly on the Judiciary Committee.” He said it was possible that Intelligence Committee would “waive jurisdiction to expedite” legislation through committee process, enabling Judiciary Committee to move bill to full House with sufficient review but without delay.
Jurisdictional issue was raised again Thurs. with Rep. Harman (D-Cal.), House Intelligence Committee member and ranking Democrat of new Terrorism & Homeland Security Subcommittee. Harman said she expected subcommittee and full committee would work in cooperation with Judiciary Committee and other members of Congress on revamping wiretap and counterterrorism laws.
House Speaker Hastert (R-Ill.) and Democratic Leader Gephardt (D-Mo.) unveiled new panel Thurs., giving 20-member panel primary responsibility for investigating recent attacks and addressing future needs in preventing terrorism. New subcommittee, which will be led by Chmn. Chambliss (R-Ga.), evolved from terrorism working group created last year. As subcommittee, it now has authority to hold hearings and issue subpoenas. First hearing tentatively is scheduled for Sept. 26.
Harman said legal authority over electronic surveillance law would remain in hands of Judiciary Committee. Although FISA would be within purview of the terrorism subcommittee, she said both panels were “really trying to cooperate.” She said CIA Dir. George Tenet recently met with Intelligence and Judiciary committee leaders on how they might go forward in drafting related legislation.
As expected, Senate Judiciary Committee Chmn. Leahy (D-Vt.) introduced bill Wed. that closely mirrored electronic surveillance provisions of DoJ proposal. Leahy and DoJ measures both would modify FISA, but Leahy version would provide additional “roving wiretap” authority (WID Sept 19 p1) for investigations involving foreign agents and suspected terrorists. Leahy also seeks to double number of FISA judges to 14 from 7 and to increase length of FISA wiretap order extensions to one year from 90 days. FISA judges, who are appointed by the Supreme Court Chief Justice, currently grant wiretap and search & seizure orders and time extensions of those orders. However, FISA enables Attorney Gen. to authorize surveillance under emergency conditions -- without court order -- for up to one year.
Leahy staffer said bill was not competing measure to Ashcroft proposal. He said Leahy had been and would continue working with Attorney Gen. to craft counterterrorism bill that would be acceptable to all parties.