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Senate panel OKs sweeping FBI subpoena powers

WASHINGTON (Reuters) - The U.S. Senate intelligence committee on Tuesday
sided with the White House by proposing broad new subpoena powers for the
FBI to use in counterterrorism and counterintelligence investigations,
officials said.

After hours of secret deliberations, the oversight panel voted 11-4 to
send to the full Senate a proposal that would give the FBI the power to
subpoena without judicial approval a wide range of personal documents
ranging from health and library records to tax statements.

The bill would add the subpoena powers to the Foreign Intelligence
Surveillance Act, which governs federal investigations of foreign
intelligence and terrorist activities. Officials said the FBI already
exercises the same subpoena powers in criminal investigations.

The legislation approved by the Senate Select Committee on Intelligence
also would make permanent intelligence-related sections of the USA Patriot
Act that are scheduled to expire at the end of the year.

Top administration officials including President Bush, have called for
administrative subpoena power as an investigative tool to combat
terrorism.

But rights activists such as the American Civil Liberties Union have
warned that the new powers pose a chilling threat to the constitutional
rights of individuals.

Tuesday's vote sent the measure to the Senate floor. But the Senate
Judiciary Committee, which also has oversight authority on the Patriot Act
and related legislation, was expected to assume control of the measure as
part of its own reauthorization proceedings.

Sen. Pat Roberts of Kansas, the intelligence committee's chairman, issued
a statement saying the legislation had been approved with "strong
bipartisan support" from the seven Democrats and eight Republicans on the
panel.

The committee's ranking Democrat, Sen. John Rockefeller of West Virginia,
said he supported the measure, even though he criticized the new subpoena
power as overly broad.

"The use of this new subpoena power should be the exception, not the rule.
Regrettably, the bill places no such restriction on the issuance of
administrative subpoenas," Rockefeller said in a statement.

Roberts and Rockefeller said the bill would provide more safeguards under
a provision of the Patriot Act that allows federal authorities to subpoena
business records.

Congressional officials have predicted that administrative subpoena powers
would render the Patriot Act's more narrowly defined business records
provision obsolete within a year.

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