ASHINGTON, Nov. 19 � Congressional negotiators
approved a measure on Wednesday to expand the F.B.I.'s counterterrorism
powers, despite concerns from some lawmakers who said that the measure
gave the government too much authority and that the public had been shut
out of the debate.
The measure gives the Federal Bureau of Investigation greater authority
to demand records from businesses in terrorism cases without the approval
of a judge or a grand jury. While banks, credit unions and other financial
institutions are currently subject to such demands, the measure expands
the list to include car dealers, pawnbrokers, travel agents, casinos and
other businesses.
The expansion, included in the 2004 authorization bill for intelligence
agencies, has already been approved by both the House and the Senate, and
lawmakers from both chambers approved the provision as part of the larger
bill in a private session late Wednesday, officials said. Law enforcement
officials said the F.B.I. would gain greater speed and flexibility in
tracing suspected terrorist money.
Senator Richard J. Durbin, Democrat of Illinois, introduced a motion to
limit the life of the new law, but it was defeated on a party-line
vote.
"I'm concerned about this," Mr. Durbin said in an interview. "The idea
of expanding the powers of government gives everyone pause except the
Republican leadership."
The approval came despite 11th-hour concerns raised by five Democrats
and a Republican on the Senate Judiciary Committee, who questioned why
their panel � which has responsibility for overseeing the F.B.I. � was
shut out of any discussion on the little-noticed proposal.
In a letter this week to the Senate intelligence committee, the
senators urged the panel, which does much of its work in secret, not to
move ahead with such a significant expansion of the F.B.I.'s powers
without further review. They said public hearings, public debate and
legislative protocol were essential in legislation involving the privacy
rights of Americans.
The letter was signed by Senator Larry E. Craig, Republican of Idaho,
and five Democrats: Mr. Durbin, and Senators Patrick J. Leahy of Vermont,
Russell D. Feingold of Wisconsin, Edward M. Kennedy of Massachusetts and
John Edwards of North Carolina.
