Threats to Liberty, To Many To Count

December 14, 2007 - 8:42am

Our friends at BORDC have put together a great list of legistation to watch. So, instead of recreating the wheel, with their permission, the list is below.....

 

 

Legislation Addressing
National Security Letters

Requiring Judicial Oversight for National Security Letters
Bill Number:
H.R. 1739
Bill Title: To require the approval of a Foreign Intelligence
Surveillance Court judge or designated United States Magistrate Judge
for the issuance of a national security letter, to require the Attorney
General to submit semiannual reports on national security letters
Status: Referred to House Judiciary, House Intelligence and
House Financial Services on March 28, 2007.
Sponsor: Rep. Jane Harman (D-CA-36)
List
of Co-sponsors

This is the first piece of legislation drafted to address FBI abuses
brought to light by a
March 9 Inspector General's report, relating to the use of National
Security Letters (NSLs). The powers of NSLs was expanded by the 2001
PATRIOT Act, the Intelligence Authorization of 2004, and the PATRIOT
Act Reauthorization of 2006. In addition to requiring approval of
National Security Letters by a FISA judge or U.S. magistrate judge,
H.R. 1739 would also:

  • require the government to show a connection between the records
    sought with an NSL and a terrorist or foreign power;
  • create an expedited electronic filing system for NSL applications;
  • require the government to destroy information obtained through
    NSL requests that is no longer needed; and
  • mandate more robust congressional oversight, requiring semi-annual
    reports to both the Congressional Intelligence and Judiciary Committees
    on all NSLs issued, minimization procedures, any court challenges
    and an explanation of how NSLs have helped investigations and prosecutions.

To read Representative Harman's statement on the introduction of
the bill,
please click here.

National Security Letters Reform Act of 2007
Bill Number: H.R. 3189
Status:
Introduced on July 26, 2007 by Representative Jerrold Nadler
(D-NY-8th). Referred to House Judiciary Committee and House Financial
Services Committee.
List of Co-sponsors

The
purpose of Representative Nadler's bill is to establish procedural
protections for the use of National Security Letters (NSLs). Here are
some of the higlights:

  • The bill raises the standard for the FBI to obtain NSLs, to include "specific and articulable facts"
    giving reason to believe that the information or records sought pertain to a foreign power or agent of a foreign power.
  • An NSL may not be used in connection with a U.S. person based solely on First Amendment activities.
  • An
    NSL must provide information to the recipient about their rights to
    judicial review, and procedures for seeking a judge's perusal of the
    NSL.
  • Within 20 days of receiving the NSL, the recipient may file in U.S. district court, an appeal to modify or set aside the NSL.
  • The bill requires that all information retrieved about innocent people must be destroyed.
  • Semi-annually,
    the FBI must report to Congress 1) the number of NSLs issued in
    previous 6 months, 2) a summary of challenges made by recipients, 3) a
    description of how NSLs have aided investigations and prosecutions.
  • FBI field supervisors are still able to issue NSLs.

Read Rep. Nadler's press release on H.R. 3189.
Watch statement by Rep. Nadler at a House Judiciary Committee hearing, following the Inspector
General's report revealing widespread FBI abuses and misuses of National Security Letters.

National Security Letter Reform Act of 2007
Bill Number: S. 2088
Status: Introduced on September 25, 2007
Sponsor: Senator Russell Feingold (D-WI)
Co-sponsors: Senators John Sununu (R-NH), Richard Durbin (D-IL), Lisa Murkowski (AK), Kenneth Salazar (D-CO), and Chuck Hagel (R-NE)

Legislation
Introduced on Datamining

Federal Agency Data Mining Reporting Act of 2007
Bill Number:
S 236
Bill Title: To require reports to Congress on Federal agency
use of data mining.
Status: Introduced by Senators Russell Feingold (D-WI), John
Sununu (R-NH), Daniel Akaka (D-HI) and Patrick Leahy (D-VT) on January
10, 2007 and referred to the Judiciary Committee. On March 15, the
Judiciary Committee considered the bill, and held a mark-up session.
Reported out of committee by Senator Leahy on June 4 and placed on
Senate calendar. No. 184.
List
of Co-sponsors

Additional Information

Legislation
Introduced to Curb Executive Power

Presidential Records Act Amendments of 2007
Bill Number:In the House -- H.R.
1255
In
the Senate -- S.
886
Status: Introduced on March 9, 2007. Passed the House on
March 14, 2007 by a 333-93 vote. Roll
Call 143
In the Senate -- Introduced on March 14, 2007. Assigned to Committee
on Homeland Security and Government Affairs. Reported out of committee
on June 20 by Senator Joseph Lieberman (I-CT) with amendment. Placed
on Senate Legislative Calendar No. 212.
Sponsor: In the House: Representative Henry Waxman (D-CA-30th)
In the Senate: Senator Jeff Bingaman (D-NM)
List
of House Co-sponsors
List
of Senate Co-sponsors

This is a bi-partisan measure that repeals Executive
Order 13233, issued by President Bush in 2001, which closed presidential
records from public view. Ironically, the presidential records of
former President George H.W. Bush would have been among the first
released in 2001, had his son, George W. Bush not issued the executive
order.

Watch video of March 1 hearing of the
Subcommittee on Information Policy, Census, and National Archives
 on the Presidential Records Act.

Congressional Lawmaking Authority Protection Act of 2007
Bill Number:
H.R. 264
Status: Introduced on January 5, 2007. Referred to the House
Committee on Oversight and Government Reform.
Sponsors: Representative Sheila Jackson-Lee (D-TX-18th)
List
of Co-sponsors

This bill addresses the arguably overused executive practice of issuing
an extraordinary number of signing statements, exerting presidential
authority over bills passed Congress. For
more information on the effect of recent signing statements, click
here.

Reaffirming the Constitutional and Statutory Protections
Accorded Sealed Domestic Mail, and for Other Purposes
Bill Number: S.
Res 22
Status: Submitted January 10, 2007 and referred to the Committee
on Homeland Security and Governmental Affairs. On June 13, 2007, it
was favorably reported out of the Committee on Homeland Security and
Governmental Affairs without amendment.
Sponsor: Senator Susan Collins (R-ME)
List
of Co-sponsors

Senator Collins' resolution is an effort to
clarify a bill she co-sponsored, which passed in the waning days
of the 109th Congress (H.R. 6407, the Postal Accountability and Enhancement
Act). In response to President
Bush's recent signing statement which asserts the right of the
President to open mail without a warrant, Senator Collins said, "I
want to be perfectly clear: Nothing in the Postal Reform Act, nor
the President’s signing statement alters the privacy and civil liberties
protections provided to a person who sends or receives sealed mail.
Mail sealed against inspection is entitled to the strongest possible
protections against physical searches. With only very limited exceptions,
the government needs a court-issued warrant before it can search mail.”"

Additional Information

Preserving United States Attorney Independence Act of 2007
Bill Number:
S. 214
Status: Introduced on January 9, 2007. Referred to the Senate
Judiciary Committee. On February 12, 2007, it was approved by the
Judiciary Committee by a vote of 13-6. On March 20, it passed by a
vote of 94-2.
Roll Call 81
Became Public
Law 110-34 when signed by the President on June 14, 2007.
Sponsor: Senator Dianne Feinstein (D-CA)
List
of Co-sponsors

This bill is related to
H.R. 580, which was passed by the House 306-114 on May 22, 2007
with Roll
Call 397

S 214 and H.R. 580 were written in response to
recent firings by the Department of Justice of U.S. attorneys
in various parts of the country, replaced by hand-picked Bush loyalists.
This recent overhaul of U.S. Attorneys offices' leadership was ushered
in by a little known provision in the March 2006 reauthorization of
the PATRIOT Act that allows the Attorney General to skirt the Senate
confirmation process by making indefinite interim appointments. S
214 seeks to amend U.S. Code to restore Congress' oversight in the
appointment of U.S. attorneys.

Read
Senator Dianne Feinstein's statement at a March 6 hearing on
the fired U.S. Attorneys.

To provide for a 120-day limit to the term of a United States
attorney appointed on an interim basis by the Attorney General
Bill Number:
H.R. 580
Status: Introduced January 19, 2007. Subcommittee Hearings
Held on March 6, 2007. Passed the House on March 26, 2007 by a vote
of Roll Call
189. Placed on Senate Legislative Calendar
Sponsor: Rep. Howard Berman (D-CA-28th)
List
of Co-sponsors

Like S 214, H.R. 580 would alter the PATRIOT Reauthorization Act
of 2006 by amending chapter 35 of title 28, United States Code, to
provide for a 120-day limit to the term of a United States attorney
appointed on an interim basis by the Attorney General.

Additional Information

Bill to Restore Authority for Invoking Insurrection Act

Bill Numbers: In the Senate -- S.
513
In the House --
H.R. 869
Status: In the Senate -- Read twice; referred to the
Armed Services Committee 2/7/07. Senate Judiciary Hearings held on
April 24, 2007.
In
the House -- Referred to the House Armed Services Committee 2/7/07
Sponsors: In the Senate -- Senator Patrick Leahy (D-VT)

In
the House -- Representative Tom Davis (R-VA-11th)
List
of Co-sponsors for S. 513
List
of Co-sponsors for H.R. 869

This bill is a bi-partisan effort to carve out a troubling piece
of the John Warner
Defense Authorization Act of 2007, which gave the President power
to command the National Guard. Senator Leahy's bill would restore
that command to the governor of each state. A nearly identical bill,
H.R. 869 has been introduced in the House of Representatives by
Republican Tom Davis from Virginia.

Presidential Signing Statements Act of 2007
Bill Numbers: In the House -- H.R.
3045
In the Senate -- S.
1747
Status: In the House: Introduced on July 16, 2007 and referred
to the House Judiciary Committee.
In
the Senate: Introduced on June 29, 2007 and referred to the Senate
Judiciary Committee.
Sponsor: In the House: Rep. Carol Shea-Porter (D-NH-1)
In
the Senate: Senator Arlen Specter (R-PA)
List
of House Co-sponsors
List
of Senate Co-sponsors

This bill, introduced in identical version in both House and Senate,
attempts to prevent Presidential Signing Statements from taking on
the force of law, as occasionally used by courts in determining the
intent of the law. Congress wants to hold that distinction for itself
through this legislation.

Full text is available through the Bill Summary page (above), but
here is a quote from the legislation describing its intent: "Much
more recently, some courts have begun using presidential signing statements
as a source of authority in the interpretation of Acts of Congress.
This judicial use of presidential signing statements is inappropriate,
because it in effect gives these statements the force of law. As the
Supreme Court itself has explained, Article I, section 7, of the Constitution
provides a `single, finely wrought and exhaustively considered, procedure'
for the making of Federal law. I.N.S. v. Chadha, 462 U.S. 919, 951
(1983). Presidential signing statements are not passed by both Houses
of Congress pursuant to Article I, section 7, so they are not the
supreme law of the land. It is inappropriate, therefore, for courts
to rely on presidential signing statements as a source of authority
in the interpretation of Acts of Congress."

Legislation to Restore the Bill of Rights

American Freedom Agenda Act of 2007
Bill Number: H.R. 3835
Status:
Introduced on October 15, 2007 and referred to the House Judiciary,
Intelligence, Armed Services and Foreign Affairs Committees.
Sponsor: Rep. Ron Paul (R-TX-14th)
List
of Co-sponsors

This bill straddles the categories of habeas corpus, torture, rendition, secret evidence, signing statements, and protecting
journalists who want to publish material received from the legislative or executive branch. It has been endorsed by the
and the
The bill would do the following:

  • Repeal
    the Military Commissions Act of 2006 and re-establish the traditional
    practice that military commissions may be used to try war crimes in
    places of active hostility where a rapid trial is necessary to preserve
    evidence or prevent chaos.
  • Clarifies that no information
    shall be admitted as evidence if it is obtained from the defendant
    through the use of torture or coercion.
  • Codifies the FISA process as the means by which foreign intelligence may be obtained.
  • Gives
    members of the Senate and the House of Representatives standing in
    court to challenge presidential signing statements that declares the
    president's intent to disregard certain aspects of a law passed in the
    U.S. Congress.
  • prohibits kidnapping and extraordinary
    rendition of prisoners to foreign countries on the president's
    unilateral determination that the suspect is an enemy combatant.
  • Clarifies
    that journalists are not to be prevented from publishing information
    received from the legislative or executive branch unless such
    publication would cause immediate, direct, and irreparable harm to the
    United States.
  • Prohibits the use of secret evidence to designate an
    individual or organization with a United States presence to be a
    foreign terrorist or foreign terrorist organization.

Legislation
to Close Guantánamo Bay

Closure of Guantánamo Bay Detention Facility
Bill Number:
S. 1249
Status: Introduced April 30, 2007 and referred to the Senate
Armed Services Committee.
Sponsor: Senator Dianne Feinstein (D-CA)
List
of Co-sponsors

This bill would require the President to close the detention facility
at Guantánamo Bay, Cuba within a year of its enactment. All
detainees would be relocated to one of these locations:

  • a military or civilian detention facility in the U.S. and tried
  • a military or civilian detention facility without being charged,
    if held as an enemy combatant
  • an international tribunal under the authority of the United Nations
  • to their country of citizenship or other country for legal process,
    provided the country assures the U.S. the individual will not be
    subjected to torture or inhumane or degrading treatment.
  • released from further detention.

Read Bill
text.

Read Senator Feinstein's Statement
on the introduction of this bill. On the same day this bill was
introduced, the Supreme Court refused to hear a case involving two
detainees, Omar Khadr and Adel Hamdan, with two justices, John Paul
Stevens and Anthony Kennedy saying the two must first exhaust judicial
remedies before appealing to the Court.

Guantánamo Bay, Cuba Detention Center Closure Act
of 2007

Bill Number:
S. 1469
Status: Introduced May 23, 2007, read twice and referred
to the Committee on Armed Services.
Sponsor: Senator Tom Harkin (D-IA)
List
of Co-sponsors

This bill requires the closure of the detention facility at Guantánamo
Bay, Cuba starting within 120 days of its enactment. The bill requires
that:

  • all funding to Guantánamo be cut off, except funds used
    to transfer detainees
  • if charged or sentenced, detainees be transferred to Fort Leavenworth
  • if uncharged, detainees be transferred back to their home countries
    or other nations where they are not at risk of torture

Read Bill
text.

Read an article
by the ACLU concerning the bill and an article in which the ACLU
ties the recent suicide at Guantánamo to a need for the passage
of S. 1496.

To require the President to close the Department of Defense
detention facility Guantánamo Bay, Cuba and for other purposes

Bill Number:
H.R. 2212
Status: Introduced May 8, 2007, referred to the House Committee
on Armed Services.
Sponsor: Representative Jane Harman (D-CA)
List
of Co-sponsors

The bill is the House companion legislation to the Senate bill introduced
by Senator Feinstein (D-CA), S
1249 discussed above.

Read Bill
text.

Read a press
release on Representative Harman's website.

Read an article
about the bill from The Jurist.

Legislation
Introduced to Restore Habeas Corpus

Military Commissions Habeas Corpus Restoration Act of 2007
Bill Number: H.R.
267
Status: Introduced January 5, 2007. Referred to the House
Committee on the Judiciary.
Sponsors: Representative Sheila Jackson-Lee (D-TX-18th)
List
of Co-sponsors

This bill amends title 28, United States Code, to repeal the restriction
on the jurisdiction of courts, justices, and judges to hear or consider
applications for writs of habeas corpus filed by or on behalf of certain
aliens detained by the United States. It is related to
Senate Bill 185, co-sponsored by Senators Specter and Leahy, though
the two bills are not identical.

To Preserve the Right of Habeas Corpus
Bill Number: H.R.
1189
Status: Introduced February 16, 2007. Referred to the Committee
on Armed Services, and in addition to the Committees on the Judiciary,
and Foreign Affairs, for a period to be subsequently determined by
the Speaker.
Sponsor: Representative David Wu (D-OR-1st)
List
of Co-sponsors

This two-sentence bill is aimed at one part of the Military Commissions
Act -- to guarantee the right of habeas corpus to all U.S. residents.
Nothing in the act "shall affect the right of any resident of the
United States of America to habeas corpus." Though some say that Wu's
bill is unnecessary, others recall that immediately after the passage
of the Military Commissions Act, the Bush Administration announced
that the President can and will use the bill to indefinitely detain
non-citizens in the United States.

Wu remembers as a six-year-old when people "disappeared"
as Japanese-Americans were imprisoned in the U.S. during World War
II. He said, ""I remember people talking about folks who
were taken away in the dead of night.""

Additional Information

Restoring the Constitution Act of 2007 - HOUSE VERSION
Bill Number:
H.R. 1415
Status: Introduced on March 8, 2007 and referred to Committee
on Armed Services, and in addition to the Committees on the Judiciary,
and Foreign Affairs.
Sponsor: Representatives Jerrold Nadler (D-NY-8th) and Jane
Harman (D-CA-36th)
List
of Co-sponsors

Like S.
576, the Restoring the Constitution Act of 2007 in the Senate,
H.R. 1415 selects a number of provisions from the Military Commissions
Act for overhaul.

  • It restores habeas corpus,
  • Narrows the definition of enemy combatant,
  • Restricts the government from conducting torture and from using
    torture to compel testimony that can be used in court,
  • Makes it clear the U.S. government must abide by the Geneva Conventions,
  • Ensures that regardless of rank, no U.S. personnel can commit
    torture without consequences.

Read Jane
Harman's opinion editorial about the introduction of H.R. 1415 and
H.R. 1416.

Habeas Corpus Restoration Act of 2007 - HOUSE VERSION
Bill Number: H.R.
1416
Status: Introduced March 8, 2007. Referred to the House Committee
on the Judiciary, and to the Committee on Armed Services.
Sponsors: Representatives Jerrold Nadler (D-NY-8th) and Jane
Harman (D-CA-36th)
List
of Co-sponsors

This bill is similar to the
Habeas Corpus Restoration Act of 2007 introduced in the Senate,
which seeks to restore habeas corpus.

Read
News account of this bill's introduction.

Rep. Nadler, chair of the Judiciary Committee's subcommittee on the
Constitution, Civil Rights, and Civil Liberties, has promised to hold
hearings on H.R. 1416 to move this bill out of committee and into
Congressional action.

Read Statement
by Rep. Nadler on H.R. 1416.

Military Commissions Revision Act of 2007

Bill Number: H.R.
2543
Status: Introduced May 24, 2007, referred to the House Committee
on Armed Services and the House Committee on the Judiciary. On June
25, 2007, referred to the Subcommittee on the Constitution, Civil
Rights, and Civil Liberties.
Sponsor: Representative Loretta Sanchez (D-CA)
List
of Co-sponsors

The bill amends the Military Commissions Act of 2006 by defining
the term "unlawful enemy combatant," excluding evidence
obtained by coercion, and providing some habeas corpus protections.

Read Bill
text.

To amend titles 28 and 10, United States Code, to restore
habeas corpus
Bill Number: H.R.
2826
Status: Introduced 6/22/07. Referred to the Committee on
the Judiciary, and the Committee on Armed Services. Hearing
held on July 26, 2007 with witnesses, including Stephen
Abraham, Lt. Colonel in the US Army Reserves, who has questioned
the fairness of procedures in the Combatant Status Review Tribunals.
Sponsor: Rep. Ike Skelton (D-MO-4)
List
of Co-sponsors

H.R. 2826 proposes to restore the right of habeas corpus to all detainees
housed at Guantánamo Bay, Cuba.

Articles about Rep. Skelton's bill:

Habeas Corpus Restoration Act of 2007 - SENATE VERSION
Bill Number:
S 185
Sponsors: Senators Arlen Specter (R-PA) and Patrick Leahy
(D-VT)
Status: Introduced on January 4, 2007. On June 7, it passed
the Senate Judiciary Committee by a vote of 11-8 (with Specter as
the lone Republican supporter) and on June 26, placed on Senate Legislative
Calendar No. 220.
List
of co-sponsors

This bill restores habeas corpus for those detained by the United
States. It is similar to, but not identical to H.R.
267, a bill sponsored in the House by Representative Sheila Jackson-Lee
(D-TX-18th).

Unfortunately, restoration of habeas corpus alone will not fix what's
wrong with the Military Commissions Act. Much more must be addressed,
including the President's sole authority for naming "enemy combatants,"
the President's sole authority for interpreting Geneva Conventions,
the use of evidence gained through torture and coercion, and allowing
individuals to be held indefinitely without trial.

Additional Information

Statement
by Sen. Specter on the Senate floor.

Download a flyer that explains what needs to be done to fix the
Military Commissions Act.
Flyer
in PDF
Flyer
in Word

Restoring the Constitution Act of 2007 - SENATE VERSION
Bill Number:
S 576
Status: Introduced on February 13, 2007, read twice and referred
to the Committee on Armed Services.
Sponsor: Sen. Christopher Dodd (D-CT)
List
of Co-sponsors

The bill's purpose is to restore the right of habeas corpus and other
constitutional protections that were stripped via the 2006 Military
Commissions Act. Dodd has created
a petition and web page designed to elicit popular response to
his bill.

Additional Information

Read
statement from Senator Dodd, as he introduced this bill along
with co-sponsors Russ Feingold (D-WI), Patrick Leahy (D-VT) and
Robert Menendez (R-NJ).

View
Dodd's statement via broadband or dial-up.

Read text
of S 576.

Jurist,
Dodd Introduces Bill to Restore Habeas Corpus (2/14/07)

Secrecy News,
Tempo of Congressional Oversight Increases (2/14/07)

Washington Post,
Bill Would Restore Detainees' Rights, Define Combatants (2/13/07)

See also S 1876 under "Torture and Extraordinary Rendition"
for an additional bill that restores habeas corpus along with ending
most cases of extraordinary rendition, and modifies the definition
of enemy combatants

Torture and Extraordinary Rendition

American Anti-Torture Act of 2007
Bill Number: H.R. 4114
Status: Introduced on November 8, 2007 and referred to Committee on Armed Services and Committee on Judiciary.
Sponsor: Rep. Jerrold Nadler (D-NY-8th)
Co-sponsors

For more information:

Torture Outsourcing Prevention Act
Bill Number:
H.R. 1352
Status: Introduced on March 6, 2007 and referred to the House
Committee on Foreign Affairs.
Sponsor:Representative Edward J. Markey (D-MA-7th)
List
of Co-sponsors

The purpose of H.R. 1352 is to prohibit the return or other transfer
of persons by the United States, for the purpose of detention, interrogation,
trial, or otherwise, to countries where torture or other inhuman treatment
of persons occurs.

Additional Information:

Read
Rep. Markey's Fact Sheet on Rendition.

Read
list of 44 original co-sponsors.

Read
Rep. Markey's Statement about H.R. 1352.

Read news article
Democrats Renew Arar Fight March 6, 2007.

Read news article Markey
bill to ban 'extraordinary rendition' aimed at stopping torture
March 6, 2007.

To
establish uniform standards for interrogation techniques applicable to
individuals under the custody or physical control of the United States
Government.
Bill Number: S 1943
Status: Introduced on August 2, 2007 and referred to the Committee on Judiciary.
Sponsor: Sen. Edweard Kennedy (D-MA)
Co-sponsors

National Security with Justice Act of 2007
Bill Number:
S. 1876
Status: Introduced on July 25, 2007 and referred to Senate
Judiciary Committee.
Sponsor: Senator Joseph Biden (D-CT)

List of Co-sponsors

A bill to prohibit extraterritorial detention and rendition, except
under limited circumstances, to modify the definition of "unlawful
enemy combatant" for purposes of military commissions, and to extend
statutory habeas corpus to detainees.

Senator Biden is chair of the Senate Foreign Relations Committee.
A hearing on
"Extraordinary Rendition, Extraterritorial Detention, And Treatment
Of Detainees: Restoring Our Moral Credibility And Strengthening Our
Diplomatic Standing" was held on July 26, 2007, with these witnesses:

Tom
Malinowski, Human Rights Watch

Major
General Paul Eaton, USA (Ret.), former Commanding General of
the Office of Security Transition in Iraq

Dr.
Philip Zelikow, History Professor at the University of Virginia

Dr.
Daniel Byman, Director, Center for Peace and Security Studies
at Georgetown University

Freedom of Information Act Legislation

Freedom of Information Act Amendments of 2007
Bill Number:
H.R. 1309
Related Bill:H.R.
1326
Status: Introduced on March 12, 2007. Passed by the House
on March 14 by a vote of 308-117. Roll
Call 144 H.R. 1309 was received in Senate and referred to the
Committee on Homeland Security and Governmental Affairs.
Sponsor: Representative William Lacey Clay (D-MO-1st)
List
of Co-sponsors

This bill amends the Freedom of Information Act, restoring it to
its state prior to Attorney General John Ashcroft's 2001 directive,
impeding public disclosure of information. Ashcroft directed federal
agencies to err on the side of withholding information. This bill
would restore the "presumption of disclosure" in cases where there
was a question about whether or not records should be released to
the public.

Open Government Act of 2007
Bill Number:
S 849
Status: Introduced on March 13, 2007 Read twice and referred
to the Committee on the Judiciary. Placed on Senate calendar No. 127
on April 30. An anonymous block, admittedly made by Senator
Jon Kyl (R-AZ), has been placed on the bill, preventing it from
being scheduled. See
Senator Leahy's May 24 press release.
Sponsor: Senators Patrick Leahy (D-VT) and John Cornyn (R-TX)

List
of Co-sponsors

A bi-partisan bill, which is similar to H.R.
1309. As chair of the Senate Judiciary Committee, Senator Leahy
held a hearing on S. 849 on March 14, entitled, "Open Government:
Reinvigorating the Freedom of Information Act."

Read
testimony from the March 14 hearing by clicking here.

Senator Jon Kyl (R-AZ) is currently blocking the whole Senate from
considering the bill citing "uncharacteristically strong" opposition
to the bill by the Justice Department.

Read an article
about Senator Kyl's actions and an OPED.

Legislation Addressing
Intelligence and Intelligence Oversight

Violent Radicalization and Homegrown Terrorism Prevention Act of 2007

Bill Number: H.R. 1955
Status: Introduced on April 19, 2007. Referred to the Homeland Security Committee. Passed out of committee October 16, 2007.
Passed by a vote of 404-6 on October 23, 2007. Roll Call Number 993
Sponsor: Rep. Jane Harman (D-CA-36th)
Co-sponsors

The
U.S. government search for "homegrown terrorists" has been in the works
for more than a year. The Associated Press reported on August 30, 2006
of the Department of Homeland Security's concern that "homegrown
terrorists" may be rising up throughout the U.S., ready to strike. This
bill creates a 10-member national commission to "examine and report
upon the facts and causes of violent radicalization, homegrown
terrorism, and ideologically based violence in the United States,
including United States connections to non-United States persons and
networks, violent radicalization, homegrown terrorism, and
ideologically based violence in prison, individual or `lone wolf'
violent radicalization, homegrown terrorism, and ideologically based
violence, and other faces of the phenomena of violent radicalization,
homegrown terrorism, and ideologically based violence that the
Commission considers important." The Commission will issue a report to
the President and to Congress 18 months after its first meeting.

It's clear that this bill, though it creates a commission rather than providing law enforcement with
more tools to hamper First Amendment rights, also poses a threat to Constitutional rights of free speech and
freedoms of religion and association.

What You Can Do: Contact members of the Senate Homeland Security and Governmental Affairs
Committee, and your 2 senators to voice your concerns about Congress heading in the direction of "thought police"
instead of towards Bill of Rights restorations. Senate Bill 1959 is currently before that committee.

See articles below for commentary.

Only
six Congressional representatives voted against H.R. 1955. They are:
Neil Abercrombie (HI-1st), Jerry Costello (IL-12th), John J. Duncan,
Jr. (TN 2nd), Jeff Flake (AZ-6th), Dennis Kucinich (OH-10th), and Dana
Rohrabacher (CA-46th). 22 Congresspersons failed to vote. The bill now
goes to the Senate.

Bill sponsor Jane Harman (D-CA-36th) made this statement upon the
bill's passage: "The threat of a ‘Made in the USA’ suicide bomber
has never been greater. This bill, though not a silver bullet, will
help develop a better understanding of the root causes of homegrown
terrorism, and the steps we can take to stop it. We must intervene
before a person crosses the line separating radical views from violent
behavior, create an environment that discourages disillusionment and
alienation, and instill in young people a sense of belonging and faith
in the future."

Representative Bennie Thompson, chair of the Committee on Homeland Security
made this statement, "This vital legislation puts our nation
on the path to addressing an emerging threat—homegrown terrorism.
We simply don’t know how many ‘would-be terrorists’ are living right
next door. Now we will have the ability to analyze our and other nations’
experience with this critical issue, propose and adopt recommendations
for a safer America, and also protect civil rights and liberties of
U.S. Citizens."

Testimony
provided to the House Committee on Homeland Security, Subcommittee on
Intelligence, Information Sharing, and Terrorism Risk Assessment

A bill to establish the National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism
Bill Number: S 1959
Status: Introduced on August 2, 2007. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsor: Sen. Susan Collins (R-ME)
Co-sponsors

A
companion bill, HR 1955 was overwhelmingly passed by the House of
Representatives on October 25, but no action has been taken on the
Senate side since S 1959 was introduced on August 2, 2007. Two
differences appear in the Senate version. First, this language in
Section 899 B #6: "The potential rise of self radicalized, unaffiliated
terrorists domestically cannot be easily prevented through traditional
Federal intelligence or law enforcement efforts, and requires the
incorporation of State and local solutions." Second, the commission
configured by the Senate version is permitted to request classified
information.

Intelligence Authorization Act for Fiscal Year 2008
Bill Number: H.R. 2082
Status: Introduced in House May 1, 2007. Passed House May 11, 2007 225-197
Passed Senate on October 3, 2007 by unanimous consent. Sent to Conference Committee.
Sponsor: Rep. Silvestre Reyes (D-TX-16th)
Co-sponsors

The pending conference report (110-478) includes Section 327, which limits interrogation techniques. Here is the exact wording:

  • (a) Limitation- No individual in the custody or under the effective control of an element of the intelligence community
    or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment
    or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector
    Operations.
  • (b) Instrumentality Defined- In this section, the term `instrumentality', with respect to an element of the intelligence
    community, means a contractor or subcontractor at any tier of the element of the intelligence community.

This bill is expected to be voted on the week of December 10, 2007. Call your representative at 202 225-3121,
and insist that this provision is in the final version of the bill.

A Resolution to Enhance Intelligence Oversight
Bill Number:
H Res 35
Status: Passed/agreed to in House on January 9, 2007. By
recorded vote: 239 - 188. (Roll
Call 13)
Sponsor: Representative Dave Obey (R-WI-7th)


Statement of Rep. Dave Obey on January 8, 2007 about this bill.

Implementing the 9/11 Commission Recommendations Act of 2007
Bill Number:
H.R. 1
Related Bill: S.
4
Status: Passed House of Representatives on January 9, 2007.
By recorded vote: 299-128. (Roll
Call 15)
Conference Report passed by Senate on July 26, 2007 by a vote of 85-8.
Roll
Call 285
Conference Report passed by House on July 27, 2007 by a vote of 371
to 40. Roll
Call 757.
Cleared for White House approval or veto on July 27, 2007.
Sponsor: Representative Bennie G. Thompson (R-MS-2nd)
List
of Co-sponsors

Text
of H.R. 1

There is concern that H.R. 1 contains some hidden and troubling provisions,
such as the fusion center programs in Title VII. Following are four
articles, including one from the conservative think tank, the Heritage
Foundation, expressing concern about some of the bill's less well-known
provisions.

Additional Information on Fusion Centers:

Spies
Among Us, a 2005 background article on Fusion Centers by US
News and World Report

9/11
Bill Contains Little Known Provisions, a U.S. News and World
Report on H.R. 1


States Setting Up Own Anti-Terror Centers, a Boston Globe report

100-Hours
Homeland Security Bill Not Ready for Prime Time by the Heritage
Foundation

A positive outcome of the passage of H.R. I, according to the Federation
of American Scientists (FAS), is that it's a step forward for Congress,
since the legislative body began debating the issue three decades
ago. The legislation "will require -- not merely recommend -- public
disclosure of the total national intelligence budget....it would lead
to the first authorized disclosure of current U.S. intelligence spending
since the aggregate budgets were disclosed in 1997 ($26.6 billion)
and 1998 ($26.7 billion) in response to a Freedom of Information Act
lawsuit brought by the Federation of American Scientists. (Those figures
included spending on "national" as well as "tactical" intelligence.)"
Excerpts from the conference report regarding the intelligence budget
are
posted here.

Improving America's Security by Implementing Unfinished Recommendations
of the 9/11 Commission Act of 2007
Bill Number:
S 4
Bill Title: A bill to reaffirm the authority of the Comptroller
General to audit and evaluate the programs, activities, and financial
transactions of the intelligence community, and for other purposes.

Related Bill:
H.R. 1
Status: On March 13, 2007, passed Senate with an amendment
by Yea-Nay Vote. 60 - 38. Roll
Call 73.
Sponsor: Senator Harry Reid (D-NV)
List
of Co-sponsors

S.4, does not correct the emerging problems with the president's
Privacy and Civil Liberties Oversight Board (PCLOB) being too closely
allied with the administration. S 4 and H.R. 1 both expand fusion
centers without providing any meaningful privacy protections (for
example, it requires training to protect privacy as recommended by
the PCLOB, which has repeatedly praised the illegal NSA wiretapping
program).

S. 4 implements almost all of the remaining 9/11 Commission recommendations,
but tucks in some provisions amid its 230+ pages, such as asking for
a presidential report on doing away with privacy protections for US
persons. Those provisions do not inspire confidence, from a civil
liberties perspective. Unfortunately, this bill misses some important
opportunities to add genuine enhancements for privacy and civil liberties.

Read Creating
a Real Civil Liberties Oversight Board by Isaac Kaufman, of
the Minnesota Bill of Rights Defense Committee.

On March 2, Senator John Kyl (R-AZ) introduced
an amendment to S. 4, which would penalize employees of the House
or Senate or other authorized personnel who knowingly disclose classified
information that is contained in a report to Congress

The amendment when originally proposed in late February which seemed
to be a threat to whistleblowers, drew strong opposition among civil
liberties advocates because of its threat to whistleblowers. Open
the Government and Sunshine in Government voices opposition to the
amendment before it was introduced. As a result, Kyl modified the
amendment and re-introduced a modified version on March 2.


Open Government Letter to Senators Leahy and Specter

Sunshine in Government Letter

Introduction of the Intelligence Community Audit Act of 2007
Bill Number:
S 82
Bill Title: A bill to reaffirm the authority of the Comptroller
General to audit and evaluate the programs, activities, and financial
transactions of the intelligence community, and for other purposes.

Status: Read twice and referred to the Select Committee on
Intelligence on January 4, 2007.
Sponsor:Senator Daniel K. Akaka (D-HI)
List
of Co-sponsors

Additional Information


Statement by Sen. Akaka on the Senate floor.

Legislation Addressing
Whistleblowers

Whistleblower Protection Enhancement Act

Bill Number: H.R.
985
Status: Introduced February 12, 2007. Passed the House on
March 14 by a vote of 331-94. Roll
Call 153. On March 15, 2007, it was received in the Senate, read
twice and referred to the Committee on Homeland Security and Governmental
Affairs.
Sponsor: Rep. Henry A. Waxman (D-CA-30th)
List
of Co-sponsors

This bill would amend title 5, United States Code, clarifying which
disclosures of information are protected from prohibited personnel
practices and requiring a statement in nondisclosure policies, forms,
and agreements to the effect that such policies, forms, and agreements
are consistent with certain disclosure protections.

Additional Information

Read Testimony
from February 13, 2007 hearing in the Committee on Oversight
and Government Reform

View a
trailer for the film "Kill the Messenger," about former FBI
employee Sibel Edmonds' whistleblowing on FBI work practices and
security breaches pre-9/11.

This bill is part of an
Open Government Agenda, promoted by Congressional leaders during
"Sunshine
Week."

Whistleblower Protection Bill
Bill Number:S
274
Companion Bill:H.R.
985 Status: Introduced on January 11, 2007. On June 13,
the Committee on Homeland Security and Governmental Affairs voted
to approve the bill and send it to the Senate for debate, after one
amendment was added. Committee member, Sen. Tom Coburn (R-OK) subsequently
placed a hold on the bill, which will keep it from a vote.
Sponsor: Senator Daniel Akaka (D-HI)
List
of Co-sponsors

This whistleblower protection legislation is companion to H.R.
985, which passed the House by a vote of 331-94 on March 13, 2007.
The hold that Senator Coburn put on S 274 appears to be a nod to the
White House, after President Bush promised to veto the House version
of the bill. Click
here to send a message to your Senator, telling her or him the
importance of passing S. 274 to protect those who blow the whistle
on governmental misdeed. More information can be found at the National
Whistleblower Center

Legislation Addressing
Warrantless Wiretapping

Foreign Intelligence Surveillance Modernization Act of 2007
Bill Number: H.R. 3782
Status: Introduced on October 9, 2007 and referred to the Committee on the Judiciary, and to the Committee on Intelligence.

Sponsor: Representative Rush Holt (D-NJ-12th)
List of Cosponsors

Representative Holt's bill repeals the "Protect America Act," as well as establishing FISA as the exclusive means
by which surveillance for foreign intelligence purposes can take place. It also maintains the traditional FISA protections
of personal communications between U.S. persons.

RESTORE Act of 2007 (Responsible Electronic Surveillance that is Overseen, Reviewed and Effective Act)
Bill Number: H.R. 3773
Status: Introduced on October 9, 2007. Referred to the Committee
on the Judiciary, and to the Committee on Intelligence.
Passed on October 10 by the Committee on Intelligence by a vote
of 12-7 with three amendments.
Passed the House of Representatives
on November 15, 2007 by
a vote of 227-189.
Sponsors: Representative John Conyers (D-MI-14th)) and Silvestre Reyes (D-TX-16th)
List of co-sponsors

The
RESTORE Act was introduced by House Judiciary Chair Conyers and
Intelligence Committee Chair Reyes to undo the damage from the "Protect
America Act" (PAA), which was hurriedly passed before the August
recess. Click here for text of the legislation.Click here for
a comparison of RESTORE and PAA. The RESTORE Act:

  • Clarifies that no warrant is required to intercept communications between non-U.S. persons outside the United States.
  • Requires
    an individualized warrant from the Foreign Intelligence Surveillance
    Court when targeting an individual inside the United States, which is
    the same as current law.
  • Maintains the Foreign Intelligence Surveillance Act (FISA) as the exclusive means of electronic surveillance in the United
    States, and prohibits modifications to FISA without express legal authority.
  • Establishes
    quarterly audits by the Department of Justice's Inspector General,
    including the number of U.S. persons identified in intelligence reports.
  • Allows the Attorney General and Director of National Intelligence to apply to the FISA Court to conduct surveillance of foreign
    targets or groups of targets for up to one year.

House Republicans have vowed to introduce amendments to this bill that
will provide immunity to telecom companies that cooperated with the
Bush Administration's warrantless wiretapping program, and make the PAA
permanent (it is currently due to sunset in February 2008).

FISA Amendments Act
Bill Number: S 2248
Status: Introduced on October 26, 2007. Hearings held in Judiciary Committee on October 31. Reported out of committee
on November 16.
Sponsor: Senator John D. Rockefeller IV (D-WV)
Co-sponsors

Senate version of a bill which promises to "streamline" and "modernize" the Foreign Intelligance Surveillance Act (FISA).
The Senate Intelligence Committee passed the bill out of committee. Its report is available by clicking here.
This version of the bill immunizes telecommunication companies that cooperated
with the president's illegal warrantless wiretapping program from September 2001 to January 2007.

The Judiciary Committee passed the bill out of committee on November 16.

Protect
America Act of 2007
Bill Number: S.
1927
Status: Introduced on August 1, 2007. Read for the first
time. Placed on Senate Legislative Calendar.
Sponsor: Sen. Mitch McConnell (R-KY)
Co-sponsors

Passed by Congress on August 3 and 4, and signed into law by President
Bush on August 5.

In the House, the August 4
vote was
227-183. In the Senate, the August 3
vote was
60-28.

Many
good speeches were made on the floor of the House and Senate defending
the Bill of Rights, and denouncing S. 1927 for purporting to protect
Americans from terrorism, while devising more ways to legalize the
White House's illegal spy programs. Jerrold Nadler (D-NY) stated the
obvious --
that the President broke the law by conducting illegal wiretaps after
September 11, but Republicans, forced him to revise his
words for the Congressional record. Still Nadler said, "I retain my
opinion." It is a grievous time indeed, when the President's crimes
cannot be publicly mentioned in Congress, when they are pretended
away by passage of the "Protect America Act."

Click here for talking
points about this bill, which is a seismic shift in how surveillance
is conducted in the U.S.

To amend the Foreign Intelligence Surveillance Act of 1978
to update the definition of electronic surveillance.
Bill Number:
H.R. 3138
Status: Introduced July 24, 2007 and referred to both the
House Judiciary and Intelligence Committees.
Sponsor: Rep. Heather Wilson (R-NM-1st)
List
of Cosponsors

Rep. Heather Wilson's bill is one page in length, but makes subtle
yet far-reaching changes to the Foreign Intelligence Surveillance
Act (FISA). Though she merely defines "electronic surveillance," the
definition itself suggests that the National Security Agency (NSA)
can continue its secret programs that tap the phone and email conversations
of U.S. residents simply because what they're doing will no longer
be considered "electronic surveillance" if H.R. 3138 is passed. It
gives the NSA the ability to determine what's a domestic call, and
what is not.

As long as you're not the subject of a search, you should feel relief,
right? Wrong. According to H.R. 3138, as long as the government doesn't
target a specific person with "electronic surveillance," it should
be able to search anyone's phone and email conversations. This bill
is being given a hard push before the August recess, with the assumption
that any member of Congress who doesn't vote for it isn't willing
to do all that it takes to stop terrorism, even though the Administration
has refused repeatedly to provide key information to Congress on its
NSA wiretapping program(s).

Additional Information

Bush
Wants Terrorism Law Updated Washington Post, July 28, 2007


Bush Administration Withholds Key Information on Surveillance
Raw Story July 25, 2007

Most
Wanted Surveillance Documents, Center for Democracy and Technology

Most
Wanted Surveillance Answers, Center for Democracy and Technology

NSA Oversight Act
Bill Number:
H.R. 11
Status: Introduced on January 4, 2007. Referred to the Subcommittee
on Crime, Terrorism, and Homeland Security on 2/2/07.
Sponsors: Representative Adam Schiff (D-CA-29th) and Representative
Jeff Flake (R-AZ-6th)
List
of Co-sponsors

This bill reiterates that chapters 119 and 121 of title 18, United
States Code, and the Foreign Intelligence Surveillance Act of 1978
are the exclusive means by which domestic electronic surveillance
may be conducted.

Additional Information


News Release on the bill from Rep. Schiff

Text
of the bill.

Foreign Surveillance Expedited Review Act
Bill Number: S
139
Status: Read twice and referred to the Committee on the
Judiciary on January 4, 2007.
Sponsor: Senator Charles Schumer (D-NY)
List
of Co-sponsors

The purpose of S 139 is to expedite review by the Supreme Court of
the warrantless electronic surveillance program of the National Security
Agency.

Foreign Intelligence Surveillance Oversight and Resource
Enhancement Act of 2007
Bill Number: S
187
Status: Read twice and referred to the Senate Judiciary Committee
on January 4, 2007.
Sponsor: Senator Arlen Specter (R-PA)
List
of Co-sponsors

S 187 is a bill to provide sufficient resources to permit electronic
surveillance of United States persons for foreign intelligence purposes
to be conducted pursuant to individualized court-issued orders for
calls originating in the United States, to provide additional resources
to enhance oversight and streamline the procedures of the Foreign
Intelligence Surveillance Act of 1978, to ensure review of the Terrorist
Surveillance Program by the United States Supreme Court.

Additional Information

Statement
by Sen. Specter on the Senate floor.

Foreign Intelligence Surveillance Improvement and Enhancement
Act of 2007
Bill Number:
S. 1114
Status: Introduced on April 16, 2007, read twice and referred
to Committee on the Judiciary.
Sponsor: Senator Dianne Feinstein (D-CA) with Senator Arlen
Specter (R-PA)
List
of Co-sponsors

Major Provisions of S 1114:

Attempts to close some of the loopholes used by the Bush Administration
to ignore FISA as the "exclusive means by which electronic surveillance
may be conducted."

Grants significant latitude to the Department of Justice to conduct
emergency surveillance without using FISA -- extending from 3 days
to 7 days the amount of time it can conduct surveillance without a
warrant and extending from 15 to 30 days the amount of time the executive
branch is allowed to conduct surveillance without a warrant, 1) in
a national emergency, 2) after a Congressional declaration of war,
or 3) with Congressional authorization to use military force.

Requires the President to brief Congressional intelligence committees
on the so-called "Terrorist Surveillance Program," (TSP)
commonly known as warrantless wiretapping -- and to report to Congress
any other program that involves electronic surveillance.

Provides a means for the Supreme Court to rule on the constitutionality
of the TSP or any other such electronic surveillance program.

Allows the Attorney General to appoint individuals in the FBI and
National Security Agency to approve electronic surveillance warrants
on an emergency basis.

S. 1114 clearly poses an alternative to recent Bush Administration
plans, announced only days before S. 1114 was introduced in Congress.
The administration hopes to reconstruct FISA in ways that would further
expand executive powers, proposing to:

  • monitor foreign nationals without approval from the FISA Court;
  • lower the standards of proof required for obtaining phone call
    and email information through FISA Court orders;
  • extend FISA surveillance warrants from 120 days to one year;
  • indemnify phone companies from privacy invasion lawsuits related
    to their cooperation with warrantless wiretapping programs; and
  • allow intelligence officers to conduct surveillance without a
    FISC court order for one week in emergency situations (previously
    a 72-hour permission).

For more information on Bush Administration plans to expand FISA
see these articles:

Bush
Administration Urges Changes to FISA (Apr 20 - NPR)

Bush
Seeks Expansion of Wiretaps (Apr 14 - Chicago Tribune)

U.S.
Intelligence Chief Circulates Proposed FISA Amendments (Apr
11 - Jurist)

Legislation Changing
REAL ID

Amendment to a Homeland Security Appropriations Bill Providing
No Funds for National ID Card
Bill Number: H.R.
2638 -- Homeland Security Appropriations
Status: Passed House June 15, 2007.
Passed Senate July 26, 2007 with amendment relating to REAL ID by
a vote of 89-4. Roll
Call 282

House and Senate are reconciling differences between the two bills.
Senate Conferees: Byrd; Inouye; Leahy; Mikulski; Kohl; Murray; Landrieu;
Lautenberg; Nelson NE; Cochran; Gregg; Stevens; Specter; Domenici;
Shelby; Craig; Alexander. House has not named conferees.

In 2005, when the REAL ID Act was introduced, the Senate escaped
having to vote on it, because the amendment adding REAL ID came in
the House, during a must-pass troop appropriations, tsunami, Hurricane
Katrina relief bill. So, 2007 marks the first time the Senate has
voted on REAL ID, affirming Senate
Amendment 2406 offered by Senator Max Baucus (D-MT). The amendment
prohibits the use of funds for planning, testing, piloting, or developing
a national identification card. Montana is one of six states, which
voted to reject REAL ID, and dozens more, including Arkansas that
are still considering a state response.

For More Information:


Questions Persist About National ID Card Plan July 25, 2007


NH Governor Signs Bill That Rejects Federal REAL ID Law
July 5, 2007


Oklahoma Legislation Rejecting REAL ID June 19, 2007


SC Decides to Dump REAL ID Program June 14, 2007


Washington Governor Signs Legislation Rejecting REAL ID April
19, 2007

Montana
Moves to Reject REAL ID January 30, 2007

Maine
Rejects Real ID January 25, 2007

REAL ID Repeal and Identification Security Enhancement Act
of 2007
Bill Number:
H.R. 1117
Status: Introduced 2/16/07. Referred to the Committee on
Oversight and Government Reform, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Sponsor: Rep. Thomas H. Allen (D-ME-1st)
List
of Co-sponsors

The purpose of this bill is to repeal title II of the REAL ID Act
of 2005, to reinstitute section 7212 of the Intelligence Reform and
Terrorism Prevention Act of 2004, which provides States additional
regulatory flexibility and funding authorization to more rapidly produce
tamper- and counterfeit-resistant driver's licenses and to protect
privacy and civil liberties by providing interested stakeholders on
a negotiated rulemaking with guidance to achieve improved 21st century
licenses to improve national security.

Extending the Deadline By Which States Must Comply with REAL
ID
Bill Number: S
563
Status:Introduced on 2/13/07. Read twice and referred to
the Committee on Homeland Security and Governmental Affairs.
Sponsor: Senator Susan Collins (R-ME)
List
of Co-sponsors

The purpose of this bill is to extend the deadline by which State
identification documents shall comply with certain minimum standards
under REAL ID.

Some conservative groups, such as the CATO Institute, have accused
Senator Collins of proposing a delay in implementation in order to
save REAL ID. According to CATO, delaying implementation helps a national
ID go forward by giving the companies and organizations that sustain
themselves on these kinds of projects time to shake the federal money
tree and get this $11 billion surveillance mandate funded.
Click here to read related article from the CATO Institute.

Even the Bush Administration has signed on to the delay tactic, as
evidenced by this Washington
Post article.

Repealing Title II of REAL ID
Bill Number:
S. 717
Status:Introduced on February 28, 2007, read twice and referred
to Senate Judiciary Committee.
Sponsors: Senators Daniel Akaka (D-HI) and John Sununu (R-NH)
List
of Co-sponsors

Senators Akaka and Sununu teamed up in a bi-partisan effort to roll
back provisions of REAL ID in the 109th Congress, and have reprised
that bill in the 110th. It is praised by civil liberties groups as
one that will add important safeguards regarding privacy and civil
liberties to the Real ID Act. Click
here to read ACLU news release on S. 717.