CQ TODAY ONLINE NEWS – LEGAL AFFAIRS
Updated May 27, 2011 – 2:52 a.m.
Obama Signs Expiring Patriot Act Provisions with Autopen
By Niels Lesniewski and Brian Friel, CQ Staff
Minutes before the deadline for expiring provisions of the 2001 anti-terrorism law known as the Patriot Act, the White House said President Obama signed the four-year extension that the House cleared Thursday night.
The White House said the president, traveling in Europe, would direct the use of the autopen to sign the bill (
White House spokesman Nick Shapiro said the autopen would be used because the “failure to sign this legislation poses a significant risk to U.S. national security.” An autopen, frequently used by members of Congress for signing constituent correspondence and other letters, is a machine that generates a facsimile of an individual’s signature.
The Office of Legal Counsel issued an opinion in 2005 that confirms the president’s authority to direct a subordinate to put the president’s signature on an enrolled bill through autopen.
House Action
The House concurred in the Senate amendment to the bill by a vote of 250-153, with 31 Republicans joining 122 Democrats to vote against the extension. Fifty-four Democrats voted for the bill.
While Republican leaders urged their colleagues to clear the measure, calling it a “bipartisan and bicameral compromise,” opponents took time to make the case against the extension during House floor debate.
Democrats and Republicans against the measure said the death of Osama bin Laden had changed the intelligence climate and raised concerns that Congress was “once again” rushing to reauthorize the capabilities.
“These provisions were given a sunset for a reason,” argued longtime Patriot Act opponent
But supporters of the measure strongly disagreed with that conclusion. House Judiciary Chairman
Smith said Congress has done the necessary oversight and held numerous hearings on the provisions. He also stressed the administration’s support for the extension.
Senate Action
Earlier Thursday, before final adoption 72-23 of a motion to concur in an unrelated House measure (
Obama Signs Expiring Patriot Act Provisions with Autopen
The main stumbling block to passage was an amendment offered by Paul that would have barred government investigators from using the Patriot Act’s “business record” provision to obtain the background forms that gun buyers fill out when they purchase firearms from licensed gun dealers.
Republicans objected to the amendment, Paul said earlier in the day. Though the Senate often passes gun-rights measures, this one was easily defeated when the Senate voted to table it, 85-10. Montanans
By a vote of 91-4, the Senate tabled, and thus killed, another Paul amendment that would restrict the collection of suspicious activity reports to requests from law enforcement.
The overall measure would grant a four-year extension on provisions that allow the government to seek orders from a special court for “any tangible thing” related to a terrorism probe; to obtain roving wiretaps on suspected terrorists who switch modes of communication; and to apply to a special court for surveillance orders on “lone wolf” terrorists who are not connected to any organization.
The Obama administration issued a statement in support of the Senate-passed measure Thursday.
The Senate voted 79-18 earlier Thursday to limit debate on the compromise extension measure. The language was agreed to last week by Senate Majority Leader
Director of National Intelligence
“Should the authority to use these critical intelligence tools expire, our nation’s intelligence and law enforcement professionals will have less capability than they have today to detect and thwart terrorist plots against our homeland and our interests abroad,” Clapper wrote.
Other Amendments Set Aside
While much of the focus had been on a disagreement over Paul’s amendments, critics of the Patriot Act (PL 107-56) on the Democratic side had sought consideration of other amendments.
Judiciary Chairman
Intelligence Chairwoman
“Essentially, you’re saying you can’t get business records of terrorists who are buying guns, which is ridiculous,” Feinstein said. “I think people are concerned with how the NRA scores the vote. I’m not.”
Obama Signs Expiring Patriot Act Provisions with Autopen
On a separate amendment, Democrats
Wyden and Udall dropped that amendment in return for a pledge from Feinstein to take up the matter in the Intelligence Committee. Reid also said he would allow a vote later in the year on the amendment if Wyden and Udall were unsatisfied with the Intelligence Committee’s handling of the matter.
Frances Symes contributed to this story.
First posted May 26, 2011 10:53 a.m.