text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Benjamin Franklin True Patriot 
  Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Benjamin Franklin stated: ``Those who would give up 
          essential Liberty, to purchase a little temporary Safety, 
          deserve neither Liberty nor Safety.''.
              (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth 
          Amendments to the United States Constitution were established 
          to protect the civil rights and liberties of all Americans in 
          perpetuity.
              (3) Federal policies adopted since September 11, 2001, 
          including provisions in the USA PATRIOT Act (Public Law 107-56) 
          and related executive orders, regulations, and actions threaten 
          fundamental rights and liberties, including the First, Fourth, 
          Fifth, Sixth, Eighth, and Fourteenth Amendments to the 
          Constitution by--
                      (A) authorizing the indefinite incarceration of 
                  noncitizens based on mere suspicion, and the indefinite 
                  incarceration of citizens designated by the President 
                  as ``enemy combatants'' without access to counsel or 
                  meaningful recourse to the Federal courts;
                      (B) limiting the traditional authority of Federal 
                  courts to curb law enforcement abuse of electronic 
                  surveillance in antiterrorism investigations and 
                  ordinary criminal investigations;
                      (C) expanding the authority of Federal agents to 
                  conduct so-called ``sneak and peek'' or ``black bag'' 
                  searches, in which the subject of the search warrant is 
                  unaware that his or her property has been searched;
                      (D) granting law enforcement and intelligence 
                  agencies broad access to personal medical, financial, 
                  library, and education records with little if any 
                  judicial oversight;
                      (E) chilling constitutionally protected speech 
                  through overbroad definitions of ``terrorism'';
                      (F) creating divisions between immigrant 
                  communities and the police that protect them by 
                  encouraging involvement of State and local police in 
                  enforcement of Federal immigration law; and the police 
                  that protect them;
                      (G) permitting the FBI to conduct surveillance of 
                  religious services, internet chatrooms, political 
                  demonstrations, and other public meetings of any kind 
                  without having any evidence that a crime has been or 
                  may be committed; and
                      (H) mandating the closure of certain immigration 
                  removal hearings, including denying judges the 
                  authority to reject stays of release where bond has 
                  been ordered and denying noncitizens the right to a 
                  bond hearing.
              (4) Future legislation, such as legislation drafted 
          entitled the Domestic Security Enhancement Act (DSEA) or 
          PATRIOT II, contains a multitude of new and sweeping law 
          enforcement and intelligence gathering powers many of which are 
          not related to terrorism, and would severely dilute and 
          undermine many basic constitutional rights as well as disturb 
          our unique system of checks and balances by--
                      (A) diminishing personal privacy by removing 
                  important checks on government surveillance authority;
                      (B) reducing the accountability of government to 
                  the public by increasing government secrecy;
                      (C) expanding the definition of ``terrorism'' in a 
                  manner that threatens the constitutionally protected 
                  rights of Americans; and
                      (D) seriously eroding the right of all persons to 
                  due process of law.
              (5) The above new and unprecedented powers pose threats to 
          all Americans and particularly to the civil rights and 
          liberties of the residents of our Nation who are Arab, Muslim, 
          or of South Asian descent.
  
  SEC. 3. NINETY-DAY REVIEW PERIOD.
  
      Each provision of law, regulation, or other policy directive listed 
  in sections 4 through 10, and any amendments made by that provision, 
  shall cease to have effect 90 days after the date of the enactment of 
  this Act. During this 90-day period, the Congress may, at the request 
  of the President, hold hearings to determine whether a particular 
  section should be removed from the list in section 4.
  
  SEC. 4. PROVISIONS IN THE USA PATRIOT ACT.
  
      The provisions in the USA PATRIOT Act (Public Law 107-56) to which 
  section 3 applies are:
              (1) Section 213, relating to ``sneak and peak searches''.
              (2) Section 214, relating to the use of pen registers for 
          foreign intelligence purposes.
              (3) Section 215, relating to the obtaining by the 
          Government of certain business records.
              (4) Section 216, relating to the use of pen registers in 
          criminal cases.
              (5) Section 218, relating to the Foreign Intelligence 
          Surveillance Act.
              (6) Section 411, relating to new grounds for deportation.
              (7) Section 412, relating to mandatory detention of certain 
          aliens.
              (8) Section 505, relating to national security letters.
              (9) Section 507, relating to educational records.
              (10) Section 508, relating to collection and disclosure of 
          individually identifiable information under the National 
          Education Statistics Act of 1994.
              (11) Section 802, relating to the definition of domestic 
          terrorism.
  
  SEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT 
                RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS.
  
      Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49, 
  United States Code.
  
  SEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS.
  
      Section 3 also applies to the following provisions of the Homeland 
  Security Act of 2002:
              (1) Section 214, relating to an exemption from the Freedom 
          of Information Act.
              (2) Section 871, relating to an exemption from the Federal 
          Advisory Committee Act.
  
  SEC. 7. IMMIGRATION REGULATIONS PROVISIONS.
  
      Section 3 also applies to the following provisions of regulations:
              (1) The regulation found at 66 Federal Register 48334-35 
          (September 20, 2001) relating to time held without charges.
              (2) The regulation found at 66 Federal Register 54909-12 
          (October 31, 2001) relating to automatic stays for the 
          Government in immigration hearings.
              (3) The so-called ``Creppy memo'' that mandates closed 
          immigration hearings in certain cases, and 67 Federal Register 
          54878 (August 26, 2002) relating to restructuring appeals.
              (4) Any legal opinion or regulation that increases the 
          powers of the Attorney General to authorize State or local law 
          enforcement officers to exercise Federal immigration 
          enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part 
          65.
              (5) The regulation found at 67 Federal Register 52584 
          (August 12, 2002), relating to registration and monitoring of 
          certain aliens, and all notices published pursuant to that 
          regulation.
  
  SEC. 8. ATTORNEY-CLIENT MONITORING.
  
      Section 3 also applies to the regulation found at 66 Federal 
  Register 55063, relating to monitoring conversations between attorneys 
  and clients.
  
  SEC. 9. SECRECY ORDERS.
  
      Section 3 also applies to the memorandum of Attorney General 
  Ashcroft dated October 12, 2001 and relating to the disclosure of 
  documents under the Freedom of Information Act.
  
  SEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING.
  
      Section 3 also applies to any regulations having the effect of 
  changing the effect of the Attorney General's Guidelines on General 
  Crimes, Racketeering Enterprise and Domestic Security/Terrorism 
  Investigations approved by Attorney General Dick Thornburg for the 
  Department of Justice on March 21, 1989.
target: Benjamin Franklin True Patriot Act - Provides that each provision of law, regulation, or other policy directive listed in this Act and any amendments made by that provision, shall cease to have effect 90 days after the date of the enactment of this Act.
  
  Authorizes Congress, during such period and at the request of the President, to hold hearings to determine whether a particular section should be removed from the list with respect to the USA PATRIOT Act.
  
  Applies this Act to specified provisions in: (1) the USA PATRIOT Act; (2) the Aviation Security Act excluding permanent resident aliens from being baggage checkers; (3) the Homeland Security Act 2002; (4) certain immigration regulations; (5) the Federal Register relating to monitoring conversations between attorneys and clients; (6) the memorandum of Attorney General Ashcroft dated October 12, 2001, and relating to the disclosure of documents under the Freedom of Information Act; and (7) any regulations having the effect of changing the effect of Attorney General Dick Thornburg's Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (particularly with respect to religious institution spying), approved March 21, 1989.
feat_title: To provide for an appropriate review of recently enacted legislation relating to terrorism to assure that powers granted in it do not inappropriately undermine civil liberties.