Patriot Act II

The Domestic Security Enhancement Act of 2003 was a piece of draft legislation leaked in February 2003, but never introduced to Congress in its entirety. The draft bill was quickly deemed Patriot Act II for the proposed expansion of the federal government's surveillance, detention, and and prosecution powers even beyond that of the original Patriot Act.

Provisions of the Domestic Security Enhancement Act of 2003 would have give the Executive power to revoke Americans' residency or citizenship, reauthorize the CIA and FBI to conduct domestic spying, force collection of DNA samples, revoke key portions of the Freedom Of Information Act (including the right to obtain information about detained family members deemed "terrorists,") and other powers that would impact civil liberties.

Despite initial claims that the bill was only a draft not intended to be introduced, the Justice Department Office of Legislative Affairs later admitted that they had indeed covertly transmitted a copy of the legislation to then- Speaker of the House Dennis Hastert, (R-Il), Vice President Dick Cheney, and the executive heads of federal law enforcement agencies.

Although the bill was never introduced in Congress, a number of its key provisions were passed as riders to other bills.

The Act
Read the full DRAFT Patriot Act II document dated January 9, 2003, or read the original photocopied version in pdf format. Read the ACLU's section-by-section analysis of the draft Act here.

Inadvertently Proves That Bush Administration 2001 Warrantless Wiretaps Were Illegal?
In 2001, President George W. Bush issued a secret order permitting the National Security Agency to conduct warrantless domestic wiretaps of Americans' international calls. When the program was later revealed, the Bush administration claimed that the Executive had inherent legal authority to make such an order, despite restrictions in the Foreign Intelligence Surveillance Act of 2003. However, provisions of Patriot Act II would have provided legal backing for this wireless eavesdropping program, which critics of the NSA program state effectively undermines the administration's claimed authority.

Or is it the "Stealth Act of 2003"?
The Act was "signed one Saturday morning in the stealthy shadows of media elation over the capture of Saddam Hussein. ... Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. Consequently, while most Americans watched as Hussein was probed for head lice, few were aware that the FBI had just obtained the power to probe their financial records, even if the feds don't suspect their involvement in crime or terrorism." 

Further:
 * "Congress passed the legislation around Thanksgiving. Except for U.S. Representative Charlie Gonzalez, all San Antonio's House members voted for the act. The Senate passed it with a voice vote to avoid individual accountability."


 * "If these new executive powers are necessary to protect United States citizens, then why would the legislation not withstand the test of public debate? If the new act's provisions are in the public interest, why use stealth in ramming them through the legislative process? "

Acts of Confusion
Another bill, S.22: Justice Enhancement and Domestic Security Act of 2003, was introduced but never became law in its entirety.

Also see Intelligence Authorization Agreement of 2004 (HR 2417).

Related SourceWatch Resources

 * Department of Homeland Security
 * civil liberties
 * homeland security
 * Patriot Act I
 * Patriot Act I headlines
 * Patriot Act abuses
 * Patriot Act industry
 * USA Patriot Act Section 314(a)
 * USA PATRIOT Improvement and Reauthorization Act of 2005

Undated

 * Repeal the PATRIOT Act & Anti-War Resolutions: Local Communities Mount Campaigns. Interfaith Communities United for Justice & Peace web site with articles and links related to repeal of Patriot Act II.

2002

 * Ronald W. Zdrojeski, "Ramifications of the USA Patriot Act, Part II/New Requirements on Financial Institutions," Internet Law Journal, April 15, 2002.

2003

 * Kevin Newsom, "Patriot Act II: The Globalist Grab for Absolute Power," PrisonPlanet.com, undated (February 10, 2003?).
 * Charles Lewis and Adam Maylek, "Justice Deptartment Drafts Sweeping Expansion of Anti-Terrorism Act/Center Publishes Secret Draft of 'Patriot II' Legislation," The Center for Public Integrity, February 7, 2003.
 * Curt Anderson, "Critics Say Justice's Planned Expansion of Patriot Act Would Increase Spying, Restrict Data," Associated Press, February 7, 2003.
 * Bill Moyers, "Civil Liberties and the Patriot Act", NOW with Bill Moyers, PBS, February 7, 2003.
 * "Patriot Act II Includes Glass Houses Provision", ScrappleFace, February 8, 2003.
 * "Patriot Act II", WayNu, February 8, 2003.
 * US Patriot Act II hints at DNA database plans Draconian new powers of our time," The Inquirer, February 9, 2003.
 * Alex Jones, [http://www.infowars.com "Total Police State Takeover/The Secret Patriot Act II Destroys What Is Left of American Liberty. A Brief Analysis of the Domestic Security Enhancement Act 2003, Also Known as Patriot Act II," InfoWars.com, February 10, 2003.
 * "Patriot Act II Also Limits the Public's Right-to-Know," OMB Watcher, February 10, 2003 (revised February 13).
 * "Patriot Act II/Government seeks disturbing levels of secrecy, powers," Detroit Free Press, February 11, 2003.
 * MEDIA ADVISORY: "Muted Response to Ashcroft's Sneak Attack on Liberties," FAIR, February 12, 2003.
 * Press Release: "ACLU says new Ashcroft Bill erodes checks and balances on Presidential power; PATRIOT II legislation would needlessly infringe on basic constitutional liberties," Statewatch News online, February 12, 2003.
 * Ryan Singel, "A Chilly Response to 'Patriot II'," Wired News, February 12, 2003.
 * Editorial: "Proposed law would only enhance police state," The Daytona Beach News-Journal, February 13, 2003.
 * Jack M. Balkin, "USA Patriot Act: A Dreadful Act II/Secret proposals in Ashcroft's anti-terror war strike yet another blow at fundamental rights," Los Angeles Times, February 13, 2004.
 * "Fighting terrorism is one thing, subverting Americans' freedom is another," Asheville Citizen-Times, February 14, 2003.
 * Anita Ramasastry, "Patriot II: The Sequel Why It's Even Scarier than the First Patriot Act," FindLaw's Legal Commentary, February 17, 2003.
 * Beverly Lumpkin, "'Patriot Act Redux'/Halls of Justice: A Weekly Look Inside the Justice Department," ABCNEWS.com, February 21, 2003.
 * Christian Bowling, "Justice Dept. leak reveals Bush's attack on civil liberties," Orbis, February 26, 2003.
 * Hank Hoffman, "It Can't Happen Here ... Or Can It?/Bush's secret plan to shred the Bill of Rights," New Haven Advocate, February 27, 2003.
 * H. Scott Prosterman, "Looks Like Osama Hit the Trifecta," The Spectacle, March 2003.
 * Press Release: "USA Patriot Act: The Sequel," Libertarian Party, March 6, 2003.
 * Joanne Mariner, "Patriot Act II's Attack on Citizenship Denationalization as Punishment," CounterPunch, March 8, 2003.
 * Christian Bourge, "Analysts worry about Patriot Act II," UPI, March 10, 2003.
 * Press Release: "Stop the New Patriot Act!" ACLU, March 13, 2003.
 * Asama Gull Hasan, "If you had told me pre-9/11...," DenverPost.com, March 14, 2003.
 * Wayne A. Hall, "The war on privacy, Act II," Times Herald-Record, March 16, 2003.
 * Glenn Reynolds, "Keep an Eye on Your Rights," MSNBC.com, March 17, 2003.
 * "Patriot Act II: DSEA-03/The Domestic Security Enhancement Act of 2003" by Ashcroft & Co., The Federal Observer, March 19, 2003.
 * Bill Staub, "Ashcroft pushing PATRIOT II, Bush hesitating," Scripps-Howard News Service, June 12, 2003.

2005

 * "GOP Aides Say New Patriot Act Obliges Bush," AP, May 18, 2005: Senator Pat Roberts (R-Kan), "The chairman of the Senate Intelligence Committee is working on a bill that would renew the Patriot Act and expand government powers in the name of fighting terrorism, letting the FBI subpoena records without permission from a judge or grand jury."