[Congressional Record Volume 151, Number 101 (Friday, July 22, 2005)]
[Extensions of Remarks]
[Pages E1584-E1585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

                                 ______
                                 

                               speech of

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                        Thursday, July 21, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 3199) to 
     extend and modify authorities needed to combat terrorism, and 
     for other purposes:

  Mr. KENNEDY of Rhode Island. Mr. Chairman, as we consider 
reauthorizing The USA PATRIOT Act today, it is important to recognize 
that the 16 expiring provisions addressed by this legislation are 
controversial with good reason. That is why Congress wisely established 
sunset timelines for these particular sections when the original 
legislation was passed amidst extraordinary circumstances in 2001; this 
is one of the main reasons that I voted for its original passage. The 
sheer fact that Congress included a sunset provision in the bill shows 
that Members did have concerns with the bill, and recognized its 
troublesome aspects, even as they acted on the need for swift passage 
in the immediate wake of September 11th. While I believe it is critical 
that we update our law enforcement tools to respond to the deadly and 
unconventional threats we face from global terrorist organizations, it 
is vital that we do not at the same time endanger the basic civil 
liberties and freedoms that we hold so dear. I will vote against this 
legislation because I believe it fails to strike the critical balance 
between civil liberties and national security.
  Reestablishing sunsets for all 16 controversial provisions, thereby 
recognizing the crucial role that Congress needs to continue to play in 
providing ongoing oversight in this most sensitive of legislative areas 
impacting our basic civil freedoms, would greatly improve this bill, 
but the rule does not allow us to vote on this. The rule also does not 
allow an amendment which would have defended important civil liberties, 
including the right to freedom of speech, by excluding booksellers and 
libraries from the scope of Section 215 FISA search orders. Before the 
PATRIOT Act, these requests at least had to be directed at ``agents of 
a foreign power.'' Now they can be used against American citizens, even 
if they are not suspected of doing anything wrong, as long as there is 
a showing of ``relevance'' to a terror investigation. I strongly oppose 
such a provision which would allow government officials to collect 
personal data on ordinary Americans, including medical and library 
records, without any evidence linking them to terrorism or other 
crimes.
  I also remain very concerned with Section 213 of the PATRIOT Act and 
the fact that it is not subject to a sunset. This permanent section of 
the law allows the delay of notification in executing warrants. I have 
serious misgivings about this provision, as it could indefinitely delay 
notice of a search or seizure. This notice provides a crucial check on 
the government's power by requiring authorities to operate in the open 
and by allowing the subjects of such searches to protect their Fourth 
Amendment rights. I also have concerns about the use of National 
Security Letters under Section 505 of the Act, which require no 
judicial review, and the use of roving ``John Doe'' wiretaps, which 
deserve increased oversight, such as requiring the FBI to identify with 
particularity the person targeted. Further, I am baffled that the 
majority voted twice to prevent the consideration of amendments which 
would have kept dangerous firearms out of the hands of terrorists. 
These amendments, which would have criminalized the selling of firearms 
to anyone on an FBI terrorist watchlist and prevented terrorists from 
obtaining .50-caliber

[[Page E1585]]

sniper rifles, would have gone a long way towards achieving the goal of 
securing our nation against the threat of terrorism.

  I believe that successfully addressing our national security needs 
while protecting our basic freedoms and civil liberties requires 
continual Congressional oversight, and I will continue to work to 
assert the role of this body in carrying out this grave responsibility. 
I will also continue to fight for increased funding for state and local 
law enforcement, as well as for increased security measures to protect 
our nation's public transportation and critical infrastructure systems. 
I would like to have an opportunity to vote for a reauthorization of 
the USA PATRIOT Act that more perfectly strikes a balance between civil 
liberties and national security, and am hopeful that the Senate will 
address the aforementioned issues of concern. It is my understanding 
that the corresponding bill approved by the Senate Judiciary Committee 
today would incorporate greater checks on several of these 
controversial powers, and I remain open to reevaluating my vote should 
a bill incorporating such modifications come before the House of 
Representatives in the near future. The bill in front of us today, 
however, does not adequately reform parts of this law which I believe 
violate important civil liberties. Likewise, it fails to provide for 
continued congressional oversight of many questionable provisions. I 
cannot vote for this measure, as it fails to adequately safeguard our 
country's fundamental freedoms.

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