[Congressional Record Volume 147, Number 156 (Tuesday, November 13, 2001)]
[Extensions of Remarks]
[Page E2064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          REGARDING H.R. 3162

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Tuesday, November 13, 2001

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in opposition to 
H.R. 3162 because I support combating terrorism in a way that ensures 
the protection of our freedom and liberties as well as our security. 
Unfortunately, H.R. 3162 provides sweeping new authority to law 
enforcement without also providing strong safeguards against the abuse 
of these new powers, and I cannot support it.
  This issue is so important because it combines two of the most sacred 
responsibilities of the American government--protection of citizens' 
safety and the preservation of their liberty. Throughout our history, 
our government has sought the proper balance between the needs of law 
enforcement to conduct investigations in pursuit of suspected criminals 
and the needs of law-abiding citizens to live free from unnecessary 
government intrusion into their lives and activities. Until September 
11, 2001, many felt we were equipped with the investigative tools they 
needed to investigate suspected criminals and prevent serious crimes. 
Since then, however, the need for new tools has become apparent.
  The terrorist attacks of September 11 showed all Americans that new 
protections are needed to keep Americans safe and to uncover the 
activities of those who would do us future harm. The terrible acts 
shocked the world with their brutality, and I strongly support the 
President as he moves to eliminate future terrorist threats both at 
home and abroad. I also believe that the law enforcement community 
needs to modernize its capabilities to address the new threats we face 
as a nation but that we should not act hastily without fully 
understanding how the new powers will affect American freedom.
  In response to the newly apparent need for changes in the law 
pertaining to criminal investigations, the House Judiciary Committee 
held hearings on the issue and crafted a thoughtfully designed bill to 
address the needs of law enforcement. The Committee's bill, H.R. 2975--
the PATRIOT Act, passed in an incredibly rare unanimous and bipartisan 
vote of 36-0. H.R. 2975 received widespread support among members of 
the House, and I was prepared to support its passage through the House. 
It was a comprehensive bill that would have given important new 
authority to law enforcement while maintaining strong protections for 
the liberty and freedom of all citizens. H.R. 2975 would also have 
retained the crucial oversight of criminal investigations and 
prosecutions by impartial judges charged with ensuring that law 
enforcement acts fairly and responsibly.
  The version of H.R. 2975 that reached the floor, however, was not the 
version I and many of my colleagues supported. Through a series of 
late-night negotiations held by a very small group of legislators, the 
language of H.R. 2975 was amended and altered to remove many of the 
vital protections contained in the original bill. I believe that laws 
affecting the civil liberties of Americans are among the most important 
considered by the Congress, and I could not in good conscience vote for 
a bill that I believe will threaten the liberties and freedoms we 
cherish.
  In the days following the passage of H.R. 2975 by the House, the 
conference committee of the House and Senate created a new bill, H.R. 
3162, designed to eliminate the differences in the versions of anti-
terrorism legislation already passed by both chambers. In spite of some 
hard work by the negotiators, I am unable to support this new bill 
because it does not strike the right balance between protecting our 
liberties and providing for the security of our citizens.
  Let me share with you a few of the bill's troublesome provisions to 
illustrate how it fails to protect our liberties and prevent abuse of 
the new powers. First, Federal prosecutors and the FBI are given broad 
access to very sensitive medical, educational, and financial records 
about individuals without having to show evidence of a crime and 
without a court order. Second, the CIA and other intelligence agencies 
are once again given the authority to conduct surveillance on Americans 
because they will be tasked with identifying priority targets for 
intelligence operations within the United States. The last time this 
happened, during the 1970s, the Congress discovered numerous serious 
abuses of this power. Finally, this new legislation expands the power 
of the federal government to conduct secret searches. These secret 
searches can be conducted against suspected terrorist activity but can 
also be used in routine criminal investigations not related to 
terrorism. These are only a few of the broad, sweeping powers granted 
to the federal government in this new law.
  As a former federal prosecutor and New Mexico's Attorney General, I 
am both familiar with the needs of law enforcement to pursue suspects 
and a strong supporter of law enforcement. I also am a strong supporter 
of civil liberties and believe that the fourth amendment to our 
Constitution must be guarded against encroachment, even in the name of 
security. In opposing H.R. 3162, I was expressing my belief that the 
needs of law enforcement can be met without eroding our liberty. My 
experience shows that this belief is true, and my convictions tell me 
that it is right.

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