Bill of Rights Defense Campaign

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Proposed legislation that preserves and threatens civil liberties:

108th Congress

Many of these bills will likely be reintroduced in the 109th Congress. Please see our legislation page for information and updates on current legislation.

Intelligence Reform Update: On December 17, 2004, President Bush signed the Intelligence Reform and Terrorism Prevention Act of 2004 into law. Congress approved the bill by a vote of 336 to 75 in the House and 89 to 2 in the Senate. Although the final bill does contain some troubling provisions, such as minimum standard requirements for state-issued driver's licenses and birth certificates, many other disturbing provisions that were proposed are not in the bill. For more information, see the following resources:

The 9/11 Commission Report has prompted legislators to draft and introduce this and other new legislation aimed at intelligence reform. Read the full 9/11 Commission Report and our companion guide for more information.

Legislation aimed at preserving civil liberties

The national grassroots movement to take back our precious civil liberties is having an impact in Washington. Several legislators have introduced bills and amendments defending civil liberties. Go to the Contacting the Congress website for contact information for your legislators in D.C. and lobby them to support this legislation or express your dissatisfaction with their lack of support for it.

Watch this page for information and updates on legislation introduced in the House and in the Senate and action steps you can take to support the it.

House Legislation

Sanders-Paul-Conyers-Otter-Nadler amendment to the Commerce, Justice, State and Judiciary Appropriations Bill of 2005
Bill Number: H.AMDT. 652
Status: Failed to pass the House on July 8, 2004, with a 210-210 vote.

The Sanders-Paul-Conyers-Otter-Nadler amendment, which would have restored legal standards and warrant procedures for investigations of libraries and bookstores which were in place before passage of the USA PATRIOT Act, failed to pass the House with a tie vote. Although the original vote came down in favor of the amendment, the vote was held open and several House members were persuaded to change their votes. Assistant Attorney General William E. Moschella distributed a letter claiming that terrorists have "utilized public library facilities to communicate with others about committing acts of terrorism" without mentioning how this information was obtained. In response, Rep John Conyers is asking whether this information can be obtained through means other than Section 215 of the USA PATRIOT Act. For more information, see:

Civil Liberties Restoration Act
Bill Number: H.R. 4591
Status: Introduced June 16, 2004, by Representatives Berman (D-CA) and Delahunt (D-MA).

The Civil Liberties Restoration Act (CLRA) was introduced by Congress on Wednesday, June 16, 2004. It aims to repeal those provisions of the Patriot Act which violate civil liberties, including restoring due process for those jailed by the government; stopping the targeting of immigrants instead of terrorists; and protecting privacy and ensuring limits on secret surveillance. The companion bill in the Senate is S. 2528.

To learn more, read:

Security and Freedom Ensured Act of 2003 (SAFE) Act
Bill Number: H.R. 3352
Status: Referred to House committees on the Judiciary and Intelligence; Gathering co-sponsors

Representative Butch Otter (ID) introduced this bill, a companion bill to the Senate's SAFE Act (see below). It would amend the Foreign Intelligence Surveillance Act of 1978 and title 18, United States Code, to strengthen protections of civil liberties in the exercise of the foreign intelligence surveillance authorities under Federal law, and for other purposes. See this article, "Bipartisan SAFE Act Aimed at Reigning in Patriot Act."

On March 8, 2004, House Democratic Leader Nancy Pelosi announced her co-sponsorship of the SAFE Act. In a statement, she said, "we need to look at measures to restore the federal judiciary's role to ensure that the Attorney General's far-reaching powers are not abused. The SAFE Act, which I am proud to cosponsor, would modify the Patriot Act by requiring court approval for the FBI to obtain records and wiretaps. The SAFE Act would also make clear that the exercise of political protest is protected. We should be able to keep the American people safe without threatening our civil liberties."

Also see John Ashcroft's letter to Orrin Hatch, Chair, Committee on the Judiciary, warning him that Bush will veto the SAFE Act. (PDF)

End Racial Profiling Act
Bill Number: H.R. 3847
Status: Gathering co-sponsors; Referred to House committee on the Judiciary

Rep. John Conyers (MI) introduced this legislation on February 26, 2004. If passed, it will prohibit racial profiling. The bill currently has 109 co-sponsors. Its Senate companion bill is S. 2132.

Benjamin Franklin True Patriot Act
Bill Number: H.R. 3171
Status: Gathering co-sponsors; Referred to House committees

Dennis Kucinich introduced the Ben Franklin True Patriot Act, a comprehensive bill to undo the U.S.A. Patriot Act. See his press release for more information.

Otter-Kucinich-Paul Amendment barring funding for "sneak and peek" searches
Amendment to Commerce, Justice and State Appropriations Bill
Status: Passed House, dropped from the omnibus Intelligence Authorization Act for Fiscal Year 2004

On July 23, by a vote of 309-118, the House approved a bipartisan amendment offered by Congressman C.L. "Butch" Otter (R-ID), Congressman Dennis J. Kucinich (D-OH) and Congressman Ron Paul (R-TX) to withhold funding for "sneak-and-peek" searches under the USA PATRIOT Act. The passage of the amendment marks the first time either chamber of Congress has acted to roll back any provision of the law. For press coverage of this vote, see the following: July 24, 2003, Inter Press Service, Congress Has Second Thoughts On Patriot Act. Unfortunately, the amendment was dropped from the Intelligence Authorization Act for Fiscal Year 2004, an omnibus bill that expands the Patriot Act.

Surveillance Oversight and Disclosure Act of 2003
Bill Number: H.R. 2429
Status: Referred to the Subcommittee on Commercial and Administrative Law

On June 11, Rep. James Hoeffel (D-PA), who voted for the USA PATRIOT Act, introduced the Surveillance Oversight and Disclosure Act of 2003. Please ask your Congressperson to become a co-sponsor. This is a companion bill to S. 436.

In his June 5 testimony before the House Judiciary Committee, Mr. Ashcroft mentioned the Bill of Rights Defense Movement twice. Read the House Judiciary Committee's follow-up questions to that testimony.

Freedom to Read Protection Act
Bill Number: H.R. 1157
Status: Gathering co-sponsors; See below

Rep. Bernie Sanders' (I-VT) bill has over 144 co-sponsors. See the Bill of Rights Defense Committee's Freedom to Read page and Rep. Sanders' website: "Civil Liberties and the USA Patriot Act" for more information. There is a companion bill in the Senate.

On July 22, a version of the bill was introduced as the Sanders-Otter-Conyers Amendment to the Commerce, Justice and State Appropriations Bill. Unfortunately, due to a highly unusual procedural maneuver the amendment was excluded from consideration.

Senate Legislation

Civil Liberties Restoration Act
Bill Number: S. 2528
Status: Introduced June 16, 2004, by Senators Kennedy (D-MA), Leahy (D-VT), Feingold (D-WI), and Durbin (D-IL).

The Civil Liberties Restoration Act, which was introduced on June 16, 2004, aims to repeal those provisions of the Patriot Act which violate civil liberties. It aims to: restore due process for those jailed by the government; stop the targeting of immigrants instead of terrorists; and protect privacy and ensure limits on secret surveillance. See also the House companion bill H.R. 4591.

Safety and Freedom Ensured (SAFE) Act of 2003
Bill Number: S. 1709
Status: Referred to the Committee on the Judiciary

The "Safety and Freedom Ensured (SAFE) Act," introduced by Sen. Larry Craig (ID) and several colleagues, would limit roving wiretaps under the Patriot Act, curtail delayed notification of searches, and increase privacy protection for library users and others. See the Congressional Record.

Federal Employee Protection of Disclosures Act
Bill Number: S. 2628
Status: Passed unanimously in the Governmental Affairs Committee

The Federal Employee Protection of Disclosures Act would amend the Whistleblowers Protection Act to create real protections for federal whistleblowers. It would protect whistleblowers who have evidence of government wrongdoing, provide means for employees to contest security clearance decisions, and create new courts for whistleblower cases.

End Racial Profiling Act of 2004
Bill Number: S. 2132
Status: Referred to the Committee on the Judiciary

Introduced on February 26, 2004 by Senator Russ Feingold (WI), this is the companion bill to House Bill 3847. If passed, the law will prohibit racial profiling. Currently it has 13 co-sponsors.

Reasonable Notice and Search Act of 2003
Bill Number: S. 1701
Status: Referred to the Committee on the Judiciary

The "Reasonable Notice and Search Act," introduced by Sen. Russ Feingold (WI) would modify the Patriot Act's "sneak and peek" provision, which permits delayed notification of search and seizures. For more information, see the Congressional Record.

Patriot Oversight Restoration Act of 2003
Bill Number: S.1695
Status: Referred to the Committee on the Judiciary

On October 1, 2003, Senator Leahy (VT) introduced the Patriot Oversight Restoration Act of 2003. If passed, this bill would expand the sunset provision already enacted in the PATRIOT Act to cover a number of additional provisions. See this article for more information.

The Protecting the Rights of Individuals Act
Bill Number: S.1552
Status: Referred to Senate Committee on the Judiciary

On August 1, 2003, Senator Lisa Murkowski (R-AK) introduced the Protecting the Rights of Individuals Act. The bill is co-sponsored by Sen. Ron Wyden (D-OR). The bill's purpose is to roll back certain provisions of the Patriot Act. It would require law enforcement to obtain a court order before conducting electronic surveillance. For more information, read the Center for Democracy and Technology's press release or this article.

Library, Bookseller, and Personal Records Privacy Act
Bill Number: S.1507
Status: Referred to the Committee on the Judiciary

On July 31, 2003, Senator Feingold (D-WI), joined by Senators Bingaman (D-NM), Kennedy (D-MA), Cantwell (D-WA), Durbin (D-IL), Wyden (D-OR), Corzine (D-NJ), Akaka (D-HI), and Jeffords (I-VT), introduced the Library, Bookseller, and Personal Records Privacy Act as a companion bil to Rep. Bernie Sanders' Freedom to Read Protection Act. The bill would amend the PATRIOT Act to protect the privacy of law-abiding Americans and set reasonable limits on the federal government's access to library, bookseller, medical, and other sensitive, personal information under the Foreign Intelligence Surveillance Act and related foreign intelligence authority.

For more information see Senator Feingold's press release and Rep. Sanders' website: "Civil Liberties and the USA Patriot Act"

Citizens' Protection in Federal Databases Act of 2003
Bill Number: S.1484
Status: Referred to the Committee on the Judiciary.

On July 28, Senator Ron Wyden (D-OR) introduced legislation that would require the Pentagon, the CIA, the Department of Homeland Security and the Department of the Treasury to file a report with Congress within 60 days about their use of commercial databases to track terrorists. For more information, read the July 29, 2003, press release about this proposed bill on Senator Wyden's web site and the Wired article, Federal Data Searches on Hit List.

Action Steps: Call or fax your Senator and ask them to please support Wyden's Citizens' Protection in Federal Databases Act of 2003.

Senate blocks funding for TIA
Amendment to the Defense Appropriations Bill
Status: Passed in the Senate

Senator Ted Stevens (R-AK) introduced an amendment to the Defense Appropriations Bill that sought to eliminate funding for the Terrorism Awareness Information Program (TIA). This amendment passed unanimously and intact. For more information on TIA, see:

July 17, 2003, Reuters, Senate Blocks Funding for Computer Dragnet
July 18, 2003, Tech Web News, TIA Goes MIA: Senate Defense Bill Cuts Surveillance Funds
 July 18, 2003, Computerworld, Senate Kills Data Mining Program

Senator Byrd's amendment to Homeland Security Appropriation Bill making the Department of Homeland Security subject to the Federal Advisory Committee Act (FACA).
Status: Failed

Noting that the Homeland Security Advisory Council includes representatives of corporations seeking to do business with the new Department, Sen. Robert Byrd (D-WV) proposed that this and other DHS advisory groups should be subject to the open meeting requirements of the Federal Advisory Committee Act (FACA). Click here to read the full transcript of the discussion surrounding this Senate amendment and to see how your Senators voted.

Domestic Surveillance Oversight Act of 2003
Bill Number: S. 436
Status: Referred to the Committee on the Judiciary

Vermont Senator Patrick Leahy, of the Senate Judiciary Committee, introduced this bill on February 25 with two other members of that committee: Iowa Senator Charles E. Grassley and Pennsylvania Senator Arlen Specter. The bill currently has six cosponsors. If your Senators are not among the cosponsors, please ask them to support the bill. This is a companion bill to H.R. 2429.

Library and Bookseller Protection Act of 2003
Bill Number: S. 1158
Status: Referred to the Committee on the Judiciary

California Senator Barbara Boxer introduced this companion bill to HR 1157 on May 23. Please ask your Senators to cosponsor it.

Homeland Security Civil Rights and Civil Liberties Protection Act of 2004
Bill Number: S. 2536
Status: Placed on the Senate legislative calendar on September 20, 2004.

This bill was introduced by Senators Susan Collins (R-ME) and Ron Wyden (D-OR) last June. It passed with one positive amendment that, among other things, specifies religion as a prohibited basis for profiling. For more information, visit the National Immigration Forum's website.

Legislation that may threaten civil liberties

Since the Domestic Security Enhancement Act (A.K.A. Patriot II) was leaked, it has not been introduced, perhaps due to the growing public opposition to erosion of rights and liberties. Now legislators are introducing new legislation in the House and Senate that may threaten civil liberties and rights. So far several pieces of legislation have been introduced. President Bush endorses all of these measures. The new legislation:

  • Allows authorities in terrorist investigations to issue subpoenas without going to grand juries.
  • Allows for the denial of bail for anyone the Administration names a terrorism suspect.
  • Imposes the death penalty for so-called terrorist crimes.

The proposals for administrative subpoenas and denial of bail could further upset the balance of power by expanding the Administration's powers and reducing those of the judiciary and the grand jury. Imposing the death penalty would virtually guarantee that countries without a death penalty would refuse to extradite suspected terrorists to the United States. Read this excellent article by Charles Levendosky for a synopsis of what this legislation means.

Go to the Contacting the Congress website for contact information for your legislators in D.C. and lobby them to oppose this legislation or express your dissatisfaction if they support this legislation.

House Legislation

Intelligence Authorization Act for Fiscal Year 2004
Bill Number: H.R. 2417
Status: Passed both houses

A provision of this bill allows the FBI to demand records from a number of businesses, without the approval of a judge or grand jury, including casinos, travel agents, car dealers, the U.S. Post Office, and any other businesses whose cash transactions "have a high degree of usefulness in criminal, tax or regulatory matters." It changes the definitions of "financial institution" and "financial transaction." Previously, only financial institutions were obligated to turn over such records to the FBI. This new provision inserts one of the most controversial aspects of Patriot II into the spending bill. Most details of the bill are secret, including the total costs of the programs, estimated to be about $40 billion. See this article for more information, and read speeches opposing the act's passage.

Joint Terrorism Task Force Enhancement Act of 2003
Bill Number: H.R. 3439
Status: Referred to the House Committee on the Judiciary and the House Intelligence Committee

On November 4, 2003, Rep. Carolyn Maloney introduced this bill, which if passed, would promote the exchange of personnel between federal and local law enforcement and intelligence agencies.

Anti-Terrorism Intelligence Tools Improvement Act of 2003
Bill Number: H.R. 3179
Status: Referred to the House Committee on the Judiciary and the House Intelligence Committee

On September 25, Rep. James Sensenbrenner intoduced the Anti-Terrorism Intelligence Tools Improvement Act of 2003. If passed, this law would would provide new penalties for violating the non-disclosure provisions of so-called "national security letters"; provide for judicial enforcement of requests for information under such national security letters; and facilitate the use of information collected under the Foreign Intelligence Surveillance Act in immigration proceedings.

It was expected that some members of Congress would try to tack provisions of HR 3179 onto the Intelligence Authorization Act for Fiscal Year 2005. National and local organizations throughout the country, however, objected to this move and endorsed a sign-on letter urging the Intelligence Committee to reject HR 3179, and to conduct the necessary review of the PATRIOT Act before considering further amendments expanding government powers. HR 3179 was not included in the Intelligence Authorization Act, but remains in the House Judiciary Committee. For more information on conservative opposition to the bill, read this article in The American Spectator, or read Bob Barr's full testimony before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security's hearing on HR 3179.

Antiterrorism Tools Enhancement Act
Bill Number: H.R. 3037
Status: Referred to the House Committee on the Judiciary

On September 9, Rep. Tom Feeney introduced H.R. 3037, the Antiterrorism Tools Enhancement Act. If it is passed in its present form, the Act would authorize the administration to issue subpoenas without having to show probable cause. The Act requires only that the information sought by the administrative subpoenas is relevant to an ongoing investigation. It also contains a provision for the Attorney General to issue a gag order that forbids the person served the subpoena from disclosing its existence.

Pretrial Detention and Lifetime Supervision of Terrorists Act
Bill Number: H.R. 3040
Status: Referred to the House Committee on the Judiciary

On September 9, Rep. Bob Goodlatte (VA) introduced H.R. 3040, the Pretrial Detention and Lifetime Supervision of Terrorists Act. If passed, the law would deny bail to anyone accused of domestic or international terrorism. And the definition of domestic terrorism is broad enough to include legitimate demonstrations that suddenly, through no fault of the organizers, turn violent. Goodlatte's bill ignores the right of bail as granted by the Eighth Amendment.

CLEAR ACT (The Clear Law Enforcement for Criminal Alien Removal)
Bill Number: H.R. 2671
Status: Subcommittee hearings held 10/1/03

Rep. Charlie Norwood (GA) introduced this bill that would withhold funds from state and local law enforcement agencies that do not agree to enforce immigration laws. It would reward those state and local police agencies that do help round up illegal immigrants a share of fines and forfeited property and financial assistance for equipment, technology and facilities to incarcerate detainees as well as personal and agency immunity for any claim arising out of the enforcement of immigration law. If passed, the CLEAR Act would undermine community policing, and prevent immigrants from coming forward to report crime. For an excellent analysis of the introduced bill and what you can do, go to the National Immigration Forum's website. Also see this article on local law enforcement in San Antonio, Texas and their opposition to the CLEAR Act.

Senate Legislation

Tools to Fight Terrorism Act of 2004
Bill Number: S. 2679
Status: Introduced in Senate, placed on Senate Legislative Calendar under General Orders

Senator Jon Kyl introduced S. 2679 on July 16, 2004. The bill contains several provisions which would threaten civil liberties. It would reduce judicial review in the issuance of terrorism-related subpoenas, allow surveillance of so-called "lone wolf" terrorists not connected with a foreign power, and increase the use of the death penalty in terrorism cases. For more information on the bill and what you can do to oppose it, click here.

Homeland Security Enhancement Act of 2003
Bill Number: S. 1906
Status: Referred to Senate Committee on the Judiciary

In November 2003, Senator Jeff Sessions introduced this companion bill to the CLEAR Act. It forces local and state law enforcement to enforce federal immigration laws. For more information, see the National Immigration Forum's analysis of this legislation.

Terrorist Penalties Enhancement Act
Bill Number: S. 1604
Status: Referred to the Senate Committee on the Judiciary

On September 10, 2003, Senator Arlen Specter introduced S.1604. This bill authorizes the death penalty for any act of domestic or international terrorism that results in the death of a person. Its House companion bill is H.R. 2934

VICTORY ACT (Vital Interdiction of Criminal Terrorist Organizations)

Senators Hatch (R-UT), Sessions (R-AL), Kyl (R-AZ), Graham (R-SC), and Cornryn (R-TX) drafted the Vital Interdiction of Criminal Terrorist Organizations (VICTORY) Act. The legislation would make drug possession a terrorist offense, increase the threshold for rejecting illegal wiretaps, and increase the power of the federal government by expanding its authority to use administrative subpoenas in all terrorism investigations. The Victory Act has yet to be introduced.

For more information, see the following:

August 27, 2003, Charles Levendosky, Casper (WY) Star-Tribune, Victory Act No Victory for Public
August 21, 2003, Dan Eggen, Washington Post, GOP Bill Would Add Anti-Terror Powers
August 21, 2003, Ryan Singel, Wired News, Patriot Act II Resurrected?
August 20, 2003, Dean Schabner, ABC News, Target: 'Narco-Terror'
August 2003, CNS News, Beware of Victory Act, Privacy Group Warns

Domestic Security Enhancement Act of 2003 (AKA PATRIOT II)

On February 7, 2003, the Center for Public Integrity obtained a copy of this draft legislation. For more information, see:

Center for Public Integrity
ACLU's analysis
Anita Ramasastry, FindLaw, Patriot II: The Sequel Why It's Even Scarier than the First Patriot Act
Rajeev Goyle, Baltimore Sun, Patriot Act Sequel Worse Than Original
The Black Commentator, In the Time of Disappeared People Patriot II means Permanent National Emergency

Please use public forums, op-eds, letters to the editor, and other educational means to inform the public about the dangers of these measures.

Is this the same John Ashcroft?

In October 1997, then Missouri Senator John Ashcroft wrote an opinion, "Keep Big Brother's Hands Off the Internet" where he argued that "The Clinton administration would like the Federal government to have the capability to read any international or domestic computer communications. The FBI wants access to decode, digest, and discuss financial transactions, personal e-mail, and proprietary information sent abroad -- all in the name of national security," and that this policy "raises obvious concerns about Americans' privacy." He also comes out in favor of the Bill of Rights: "The protections of the Fourth Amendment are clear. The right to protection from unlawful searches is an indivisible American value. Two hundred years of court decisions have stood in defense of this fundamental right. The state's interest in effective crime-fighting should never vitiate the citizens' Bill of Rights."