Domestic Security Enhancement Act of 2003


The Domestic Security Enhancement Act of 2003 was draft legislation written by United States Department of Justice during the George W. Bush administration, under the tenure of United States Attorney General John Ashcroft. The Center for Public Integrity obtained a copy of the draft marked "confidential" on February 7, 2003 and posted it on its Web site along with commentary. It was sometimes called Patriot II, after the USA PATRIOT Act, which was enacted in 2001. It was never introduced to the United States Congress.
The draft version of the bill would have expanded the powers of the United States federal government while simultaneously curtailing judicial review of these powers. Members of the United States Congress said that they had not seen the drafts, though the documents obtained by the CPI indicated that Speaker of the United States House of Representatives Dennis Hastert and Vice President Dick Cheney had received copies.
Provisions of the draft version included:
Some provisions of this act have been tacked onto other bills such as the Senate Spending bill and subsequently passed.
The American Civil Liberties Union and the Bill of Rights Defense Committee have all been vocal opponents of the PATRIOT Act of 2001, the proposed PATRIOT 2 Act, and other associated legislation made in response to the threat of domestic terrorism that it believes violates either the letter and/or the spirit of the U.S. Bill of Rights.
On January 31, 2006 the Center for Public Integrity published a story on its website that claimed that this proposed legislation undercut the Bush administration's legal rationale of its NSA wiretapping program.