Sen. Jon Kyl (R-AZ) introduced an amendment to the Senate intelligence reform bill that would heighten government secrecy and threaten civil liberties. The amendment seeks to build upon the secret surveillance powers granted to the government under the Patriot Act. Kyl Amendment Kyl's amendment, added Sept. 28, would expand law enforcement's authority to operate in secrecy and weaken checks and balances that safeguard civil liberties. The amendment uses some provisions from the Patriot Act II, failed legislation that was never introduced to Congress after a leaked draft in 2003 resulted in strong public backlash. The House version of the intelligence reform legislation already incorporates Patriot Act II provisions. Among other things, the Kyl amendment would:

• Expand secret eavesdropping and search powers
• Infringe on the right to privacy for library, medical and other personal records
• Enable the government to present secret requests for the deletion of classified information from information given to the defense in certain court cases
• Allow for the secret use of information gathered through intelligence intercepts and searches in immigration cases
• Make any crimes resulting in fatalities a death-eligible offense if it meets the USA PATRIOT Act's overbroad definition of terrorism.

Outside of the obvious threats to civil liberties, some public interest groups feel that such sweeping changes proposed in the Kyl amendment go beyond the scope of the 9/11 Commission's recommendations and are not appropriate to be considered for the intelligence reform bill. House Version of Intelligence Reform Similar to provisions in the Kyl amendment, the House is considering law enforcement provisions in its intelligence reform bill. H.R. 5150 contains a number of controversial provisions that mimic the Patriot Act II, such as deportation of aliens who assist terrorist groups, and greater penalties for attempted chemical or nuclear attacks against the United States. Because the House and Senate versions of the bill are so different, it is unclear whether Congress will be able to reconcile the differences before adjournment at the end of this week. Stalled Patriot Act Legislation Congress is currently sitting on several other Patriot Act related bills that could restore civil liberties that were stripped away by the Patriot Act. The Security and Freedom Ensured (SAFE) Act is a bipartisan bill that would amend the Patriot Act to limit some of the egregious secret surveillance provisions, as well as those governing search warrants, authorized under the Patriot Act. The Senate Judiciary Committee held hearings on the SAFE Act Sept. 22, but it is unclear whether the legislation will move forward. The Civil Liberties Restoration Act 2004 (S. 2528) also would "fix" some of the problems with the Patriot Act by ending secret hearings, ensuring due process for detained individuals, limiting secret seizures of records, and restricting the use of secret evidence. This bill has been sitting in both the House and Senate Committee on Judiciary since June.