Arrest and Detention of Material Witnesses and the USA PATRIOT and Terrorism Reauthorization Act (H.R. 3199): A Sketch [September 13, 2005] [open pdf - 61KB]
"Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length [of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. The Office of Management and Budget announced that the Administration strongly opposed section 12 on the grounds that the review by the Department of Justices Inspector General and reports to the House and Senate Judiciary Committees called for by that section would entail wholesale violation of the grand jury secrecy provisions. The provision was dropped from the bill prior to House passage and does not appear in the corresponding measure approved by the Senate (S. 1389/H.R. 3199). The episode illustrates the level of controversy easily generated by material witness statutes."
CRS Report for Congress, RS22259