Bipartisan SAFE Act Aimed at Reigning In PATRIOT Act
By Jimmy Moore
Talon News
November 7, 2003

Sen. Larry Craig (R-ID) and Sen. Dick Durbin (D-IL) have introduced a bipartisan bill in the U.S. Senate that would amend the PATRIOT Act to limit the alleged Fourth Amendment encroachments of the use of surveillance equipment and search warrants by the federal government.

"The Security and Freedom Ensured (SAFE) Act of 2003," or S.1709, would help bring clarity to some of the supposedly invasive provisions of the PATRIOT Act, including wiretaps, investigation into library records, citizen surveillance and multi-jurisdictional warrants.

Similar legislation, H.R. 3352, was introduced in the U.S. House of Representatives by Rep. C.L. "Butch" Otter (R-ID).

Otter says there has been growing concern about the infringement of freedoms posed by the PATRIOT Act.

"Recent months have seen a growing realization in Congress and by the American people that some parts of the PATRIOT Act pose serious threats to our constitutional protections," Otter expressed on the floor of the U.S. House in defense of his bill. "This bill ensures the law enforcement and intelligence communities will have the tools they need to effectively combat terrorism."

Some Republicans and Democrats alike have expressed concern over the parameters of the PATRIOT Act.

The SAFE Act is supported by a diverse group of liberal and conservative groups, including the American Civil Liberties Union, Gun Owners of America, American Library Association, Free Congress Foundation, and the American Conservative Union, among others.

A group of lawmakers dubbed the "Coalition of Conscience" was formed to help get the SAFE Act passed into law.

"This is an amazing coalition. Very seldom do these groups and these senators come together," expressed Durbin to the Washington Times.

He added, "Frankly, we're crossing party lines to do the right thing."

Sen. Russell Feingold (D-WI) said at a recent press conference that he likes most of the PATRIOT Act, but says the SAFE Act should serve as a "wake-up call to Congress and the administration to address serious concerns."

Craig said the SAFE Act is necessary to change the constitutional violations that are found in the PATRIOT Act.

"I believe the SAFE Act is a measured, reasonable, and appropriate response to concerns we have with the USA PATRIOT Act," remarked Craig on the floor of the U.S. Senate. "This legislation intends to ensure the liberties of law-abiding individuals are protected in our nation's fight against terrorism, without in any way impeding that fight."

Craig said he believes President George W. Bush would sign this bill into law if it was tied to a spending bill, despite obvious objections from the Justice Department.

Sen. Mike Crapo (R-ID) says Congress must ensure that the rights of citizens found in the U.S. Constitution are upheld, regardless of the good intentions of the current law.

"We must always keep the U.S. Constitution in mind as the guideline as Congress works on issues, and homeland security is no exception," he stated at a news conference.

Crapo says the focus of any law against terrorism should be the terrorists.

"The changes we are proposing through the SAFE Act clarify that terrorists, not law-abiding American citizens, are the targets when federal investigations are underway," he continued.

Crapo said he has been inundated by requests from his constituents to help reel in the adverse effects of the PATRIOT Act.

"I have heard from many who are concerned about the overreaching effects that the PATRIOT Act could have, and it is important that Congress make the necessary changes to this law to provide adequate oversight and checks and balances with law enforcement," Crapo explained at the news conference.

Specifically, the SAFE Act would amend the provisions of the PATRIOT Act that allow the FBI to conduct surveillance of Americans with limited judicial involvement in the process. For example, roving wiretaps and delayed notification known as "sneak and peek" search warrants would be curtailed.

The SAFE Act would allow law enforcement officials to still conduct investigations into terrorism and would not amend any of the laws that were in place prior to the passage of the PATRIOT Act.

The SAFE Act has 7 co-sponsors in the U.S. Senate and is currently under consideration by the Senate Judiciary Committee.

The U.S. House version of the bill has 23 co-sponsors and has been referred to the House Judiciary Committee and the House Intelligence Committee.