[Congressional Record Volume 151, Number 104 (Wednesday, July 27, 2005)]
[Extensions of Remarks]
[Page E1620]
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. BRIAN HIGGINS

                              of new york

                    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. HIGGINS. Mr. Chairman, in the wake of the terrorist attacks of 
September 11, 2001, the United States Congress passed the USA PATRIOT 
Act with broad bipartisan support to better equip law enforcement and 
intelligence agencies in their struggle to combat terrorism. As the 
shock of those horrible events subsided, many from both political 
parties began to question some of the more invasive aspects of the 
Patriot Act, including a number of provisions that allow Federal 
investigators to enter homes, tap phone lines, and search library 
records without a warrant.
  Since then, the Patriot Act has become a much-debated issue, 
symbolizing a Federal Government abusing its power and violating civil 
liberties for some, and a necessary bulwark against the barbarity of 
terrorists for others. And yet, all agree that the United States faces 
a daunting challenge in combating terrorism, both abroad and at home, 
through continuing efforts to safeguard borders, protect airports, and 
monitor centers of trade and commerce. In order to overcome these 
challenges, we must remain vigilant in our fight against terror and 
continue to strengthen our resolve even in the face of depraved and 
desperate acts such as the bombings that terrorized London this past 
week and a few short weeks ago.
  The events in London provide a somber and revealing backdrop for the 
current debate regarding the renewal of a number of provisions 
contained in the USA PATRIOT Act. Many of my colleagues have voiced 
well-reasoned and thoughtful objections to the current bill, the USA 
Patriot and Terrorism Prevention Reauthorization Act of 2005, H.R. 
3199, which would make permanent 14 of the 16 provisions of the USA 
PATRIOT Act. I share the concerns of my colleagues who fear that the 
proposed legislation will endanger the civil liberties of U.S. citizens 
and create the potential for abuse of Federal powers. Additionally, I 
am disturbed by the administration's lack of cooperation in providing 
detailed information regarding the effectiveness of the increased 
enforcement power contained in the Patriot Act. The members of the 9/11 
Commission specifically directed the Bush administration to explain how 
the expanded powers of the Patriot Act ``materially'' enhance U.S. 
security. They also directed the administration to make certain that 
proper supervision was in place to monitor these enhanced powers. The 
administration has ignored these recommendations and showed a repeated 
willingness to place the acquisition of increased power above the 
common interest of individual citizens.
  But as we deliberate over this bill, it is important to consider the 
ongoing fight against terrorism, so violently displayed in the 
terrorist bombings in London this past week. These attacks are a 
reminder that we remain susceptible to terrorism and must protect 
ourselves from continuing threats. While I have deep concerns regarding 
the effect of certain provisions of the Patriot Act on the civil rights 
of Americans, I strongly believe that we must not end this legislation 
but amend it. ``Mend, don't end'' should have been the guiding theme in 
redrafting and analyzing the Patriot Act.
  We cannot let our partisan differences obscure our common fight 
against terrorism. We cannot let our very real concerns about the 
violation of civil liberties overwhelm our oath to protect the citizens 
of the United States from further terrorist activity. While I would 
have preferred a ``mend don't end'' strategy to reshaping the Patriot 
Act, the leadership chose a different tactic and brought the bill to 
the floor with the most disconcerting provisions included. In light of 
recent events, and our continued war on terrorism, I chose to stand on 
the side of law enforcement and the intelligence community and protect 
our country by voting for the Patriot Act reauthorization.

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