Congressional Record, Volume 152 Issue 24 (Wednesday, March 1, 2006)

[Congressional Record Volume 152, Number 24 (Wednesday, March 1, 2006)]
[Senate]
[Pages S1561-S1575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

USA PATRIOT TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005--
CONFERENCE REPORT--Resumed

The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to the motion to proceed to the motion to reconsider the vote
by which cloture was not invoked on the conference report to accompany
H.R. 3199.
Mr. ENSIGN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Inouye) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 86, nays 13, as follows:

[Rollcall Vote No. 26 Leg.]

YEAS--86

Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brownback
Bunning
Burns
Burr
Carper
Chafee
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
DeMint
DeWine
Dole
Domenici
Dorgan
Ensign
Enzi
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McConnell
Menendez
Mikulski
Murkowski
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Thune
Vitter
Voinovich
Warner

NAYS--13

Boxer
Byrd
Cantwell
Dayton
Dodd
Durbin
Feingold
Harkin
Jeffords
Leahy
Levin
Murray
Wyden

NOT VOTING--1

Inouye

The motion was agreed to.
Mr. SALAZAR. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
Under the previous order, the question is on agreeing to the motion
to reconsider the vote by which cloture was not invoked on the
conference report to accompany H.R. 3199.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Inouye) is
necessarily absent.
The PRESIDING OFFICER (Mr. Thune). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 85, nays 14, as follows:

[Rollcall Vote No. 27 Leg.]

YEAS--85

Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brownback
Bunning
Burns
Burr
Carper
Chafee
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
DeMint
DeWine
Dole
Domenici
Dorgan
Ensign
Enzi
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McConnell
Menendez
Mikulski
Murkowski
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Santorum
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Thune
Vitter
Voinovich
Warner

NAYS--14

Boxer
Byrd
Cantwell
Dayton
Dodd
Durbin
Feingold
Harkin
Jeffords
Leahy
Levin
Murray
Sarbanes
Wyden

NOT VOTING--1

Inouye

The motion was agreed to.

Cloture Motion

The PRESIDING OFFICER. Under the previous order, the clerk will
report the motion to invoke cloture.
The legislative clerk read as follows:

Cloture Motion

We the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the Conference
Report to accompany H.R. 3199: The U.S. PATRIOT Terrorism
Prevention Reauthorization Act of 2005:
Chuck Hagel, Jon Kyl, John McCain, Richard Burr, Conrad
Burns, Pat Roberts, John Ensign, James Talent, C.S.
Bond, Johnny Isakson, Wayne Allard, Norm Coleman, Kay
Bailey Hutchison, Mel Martinez, John Thune, Jim DeMint,
Jeff Sessions, Bill Frist, Arlen Specter.

The PRESIDING OFFICER. The question upon reconsideration is, Is it
the sense of the Senate that debate on the conference report to
accompany H.R. 3199, the U.S. PATRIOT Terrorism Prevention
Reauthorization Act of 2005, shall be brought to a close?
The yeas and nays are mandatory under the rule. The clerk will call
the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Inouye) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 84, nays 15, as follows:

[Rollcall Vote No. 28 Leg.]

YEAS--84

Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bond
Brownback
Bunning
Burns
Burr
Carper
Chafee
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
DeMint
DeWine
Dole
Domenici
Dorgan
Ensign
Enzi
Feinstein
Frist
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McConnell
Menendez
Mikulski
Murkowski
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Santorum
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Thune
Vitter
Voinovich
Warner

NAYS--15

Bingaman
Boxer
Byrd
Cantwell
Dayton
Dodd
Durbin
Feingold
Harkin
Jeffords
Leahy
Levin
Murray
Sarbanes
Wyden

NOT VOTING--1

Inouye

The PRESIDING OFFICER. On reconsideration on this question, the yeas
are 84, the nays are 15. Three-fifths of the Senators duly chosen and
sworn having voted in the affirmative, the motion is agreed to.
The Senator from West Virginia.
Mr. BYRD. Mr. President, I yield my time to Senator Leahy.
The PRESIDING OFFICER. The Senator has that right.
The Senator from Washington.
Ms. CANTWELL. Mr. President, I yield my 1 hour of postcloture debate
to the Democratic leader.
The PRESIDING OFFICER. The Senator has that right.
Mr. FEINGOLD. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Connecticut.
Mr. LIEBERMAN. Mr. President, I yield the hour I might claim to the
Democratic leader, Senator Reid.
The PRESIDING OFFICER. The Senator has that right.
Mr. LIEBERMAN. I thank the Chair, and I yield the floor.

[[Page S1562]]

I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. PRYOR. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PRYOR. Mr. President, I ask unanimous consent to be recognized as
in morning business and that the time I use be charged against my time
postcloture.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. PRYOR pertaining to the introduction of S. 2343
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. PRYOR. Mr. President, I yield the remainder of my time to Senator
Leahy.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Sununu). Without objection, it is so
ordered.
Mr. FEINGOLD. Mr. President, I ask that the Chair inform me when I
have consumed 45 minutes of my time.
The PRESIDING OFFICER. The Senator will be notified.
Mr. FEINGOLD. I thank the Chair.
When it comes to the conference report on the USA PATRIOT Act, the
die has now been cast. The Senate has voted to reconsider the vote
against cloture from last December and now has voted to limit debate on
the PATRIOT Act reauthorization bill. The rules of the Senate have
changed since the days of Jimmy Stewart and ``Mr. Smith Goes to
Washington.'' One Senator, no matter how strongly he or she feels,
cannot singlehandedly stop a bill when 60 or more of his or her
colleagues are dead set on passing it. So obviously at this point,
final passage of the reauthorization bill is now assured. I am
disappointed in this result, obviously, but I believe this fight has
been worth making and my dedication to changing the PATRIOT Act is as
strong now as it has ever been.
We have made some progress since October 2001. The public understands
the issues better and many of my colleagues do, too. Support for
changes to the PATRIOT Act has grown over the years to the point where
we actually had no objection in the Senate last year passing a pretty
good bill--this was in July of 2005--a bill that made significant
improvements to the PATRIOT Act. Then near the end of the year, 46
Senators actually voted to reject a conference report that took several
steps backward from that bill. Even a few days ago, I was heartened
when the Senator from Pennsylvania, the chairman of the Judiciary
Committee, the foremost proponent of the conference report, actually
announced he would essentially take the four amendments I had hoped to
offer, the amendments I was denied the right to offer in the Senate,
and combine them into a bill he will now seek to move through the
Judiciary Committee and enact into law. His bill will have several
cosponsors, including me. So even some of the Senators who fought for
this reauthorization bill, of course, realize it falls short and will
join the fight to try to fix the PATRIOT Act. That is somewhat
encouraging, and I thank them for their honesty. I thank them for
recognizing that the rights and freedoms of the American people are
worth fighting for in the Senate, just as we ask so many of our young
people to fight for them overseas.
The rules of the Senate provide that debate on this measure is now
limited after the vote on cloture we took. But debate is not yet
closed. I believe there is still more that needs to be said. In
particular, in the time I have remaining, I want to give voice to the
millions of Americans who have expressed concern about the PATRIOT Act
and have asked repeatedly for it to be changed. There has been an
extraordinary outpouring of public sentiment against this law, and that
sentiment deserves to be heard on the floor of the Senate. So in a few
minutes I am going to read some of the resolutions that have been
passed and editorials that have been written and letters that have been
sent. In these final hours before the PATRIOT Act is reauthorized, I
want my colleagues to hear the voices of the citizens of this country.
These voices cannot be stifled by votes taken here. They may have been
ultimately defeated by procedural maneuvers in this body over the past
few weeks, but their concerns for the liberties and freedoms are real,
and they are not going away. We ignore them at our peril.
Before I turn to those voices, I want to start with the basic
principle. Our Nation's strength comes not only from our mighty and our
unmatched military might but from our constitutional system and our
reverence for the rule of law. That is what has kept us free for over
2\1/4\ quarter centuries in our history as a nation. Millions of
patriotic Americans love this country and support our military men and
women in their difficult missions abroad but worry about the fate of
our Constitution here at home. Our constitutional freedoms, our
American values are what make our country worth fighting for as we
strive to defeat the terrorists who threaten us. The Constitution and
the Bill of Rights are documents we often talk about and less often
actually pick up and reread. In light of their central importance to
the debate about the PATRIOT Act, I thought it would be worth reading
them today.
The United States Constitution:

We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish the
Constitution for the United States of America.

Article I

Section 1. All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed
of Members chosen every second Year by the People of the
several States, and the Electors in each State shall have
Qualifications requisite for Electors of the most numerous
Branch of the State Legislature.
No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be
chosen.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years.

Of course, this provision has been amended by the 14th amendment so I
will skip that part.

The actual Enumeration shall be made within three Years
after the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such Manner
as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each
State shall have at Least one Representative; and until
such enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight,
Rhode Island and Providence Plantations one, Connecticut
five, New York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and George three.
As per act of November 15, 1941, the apportionment, based
on the Sixteenth Census (1940), the Seventeenth Census
(1950), and the Eighteenth Census (1960), distribute the 435
seats in the House among the States according to the method
of equal proportions. (See Senate Manual section 974).
When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representative shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
Section 3. The Senate of the United States shall be
composed of two Senators from each State, chosen by the
Legislature thereof, for six Years; and each Senators shall
have one Vote.
Immediately after they shall be assembled in Consequence of
the First Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the Second Year,
of the second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year; so
that one-third Class at the Expiration of the sixth Year; and
if Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies.

[[Page S1563]]

No Person shall be a Senator who shall not have attained to
the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
The Senate shall chuse their other Officers, and also a
President pro tempore, in the absence of the Vice President,
or when he shall exercise the Office of President of the
United States.
The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of the United States
is tried, the Chief Justice shall preside: And no Person
shall be convicted without the Concurrence of two-thirds of
the Members present.
Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust, or Profit under the United
States: but the Party convicted shall nevertheless be liable
and subject to Indictment, Trial, Judgment, and Punishment,
according to Law.
Section 1. The Time, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the congress may at any
time by Law make or alter such Regulations, except as to the
Places of chusing Senators.
The Congress shall assemble at least once in every Year,
and such Meeting shall be on the first Monday in December,
unless they shall by Law appoint a different Day.
Section 5. Each House shall be the Judge of the Elections;
Returns, and Qualifications of its own Members, and a
Majority of each shall constitute a Quorum to do Business;
but a smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members, in
such Manner, and under such Penalties as each House may
provide.
Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior, and, with the
concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as
may in their Judgment require Secrecy; and the Yeas and Nays
of the Members of either House on any question shall, at the
Desire of one fifth of those Present be entered on the
Journal.
Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two
Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. They shall
in all Cases, except Treason, Felony and Breach of the Peace,
be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and
returning from the same; and for any Speech or Debate in
either House, they shall not be questioned in any other
Place.
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been encreased
during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his
Continuance in Office.
Section 7. All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States; if
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall become
a Law. But in all such Cases the Votes of both Houses shall
be determined by yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not
be returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the
Same shall be a Law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its
Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to
the President of the United States; and before the Same shall
take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and
House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section 8. The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and
provide for the common Defense and general Welfare of the
United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the
high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal and
make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land
and naval Forces;
To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and disciplining the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers, and
the Authority of training the Militia according to the
discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the acceptance of
Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
Section 9. The Migration or Importation of Such Persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a tax or duty may be
imposed on such Importation, not exceeding ten dollars for
each Person.
The privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or Enumeration herein before
directed to be taken.
No Tax or Duty shall be laid on Articles exported from any
State.
No preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another:
nor shall Vessels bound to, or from, one State be obliged to
enter, clear, or pay Duties in another.
No money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section 10. No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law, or Law impairing the Obligation
of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing its inspection Laws:
and the net Produce of all Duties and Imposts, laid by any
State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
No State shall, without the Consent of Congress, lay any
duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay.

Article II

Section 1. The executive Power shall be vested in a
President of the United States of

[[Page S1564]]

America. He shall hold his Office during the Term of four
years, and, together with the Vice-President, chosen for the
same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.
The Electors shall meet in their respective States, and
vote by Ballot for two persons, of whom one at least shall
not be an Inhabitant of the same State with themselves. And
they shall make a List of all the Persons voted for, and of
the Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government of
the United States, directed to the President of the Senate.
The President of the Senate shall, in the Presence of the
Senate and House of Representatives, open all the
Certificates, and the Votes shall then be counted. The Person
having the greatest Number of Votes shall be the President,
if such Number be a Majority of the whole Number of Electors
appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the House
of Representatives shall immediately chuse by Ballot one of
them for President; and if no Person have a Majority, then
from the five highest on the List the said House shall in
like Manner chuse the President. But in chusing the
President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for
this Purpose shall consist of a Member or Members from two-
thirds of the States, and a Majority of all the States shall
be necessary to a Choice. In every Case, after the Choice of
the President, the Person having the greatest Number of
Votes of the Electors shall be the Vice-President. But if
there should remain two or more who have equal Votes, the
Senate shall chuse from them by Ballot the Vice-President.
The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
No person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who shall
not have attained to the Age of thirty-five Years, and been
fourteen Years a Resident within the United States.
In case of the Removal of the President from Office, or of
his Death, resignation, or Inability to discharge the Powers
and Duties of the said Office, the same shall devolve
on the Vice President, and the Congress may by Law provide
for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer shall
act accordingly, until the Disability be removed, or a
President shall be elected.
The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encreased
nor diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any
other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation:--``I do solemly swear
(or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the
United States.''
Section 2. The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the
United States; he may require the Opinion, in writing, of the
principal Officer in each of the executive Departments,
upon any subject relating to the Duties of their
respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offenses against the United
States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two-thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided
for, and which shall be established by law; but the Congress
may by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of
Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next
Session.
Section 3. He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may
adjourn them to such Time as he shall think proper; he shall
receive Ambassadors and other public Ministers; he shall,
take Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.
Section 4. The President, Vice President and all civil
Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.

Article III

Section 1. The judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts
as the Congress may from time to time ordain and establish.
The Judges, both of the supreme and inferior Courts, shall
hold their offices during good Behaviour, and shall, at
stated Times, receive for their Services, a Compensation
which shall not be diminished during their Continuance in
Office.
Section 2. The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made,
under their Authority;--to all Cases affecting Ambassadors,
other public Ministers and Consuls;--to all Cases of
admiralty and maritime Jurisdiction;--to Controversies to
which the United States shall be a Party;--to Controversies
between two or more States;--between a State and Citizens of
another State;--between Citizens of different States;--
between Citizens of the same State claiming Lands under
Grants of different States, and between a State, or the
Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
The trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when not
committed within any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
Section 3. Treason against the United States, shall consist
only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person shall be
convicted of Treason unless on the Testimony of two Witnesses
to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.

Article IV

Section 1. Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings
of every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section 2. The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several
States.
A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in
another State, shall on demand of the executive Authority of
the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of
any Law or Regulation therein, be discharged from such
Service or Labour, but shall, be delivered up on Claim of the
Party to whom such Service or Labour may be due.
Section 3. New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State; nor any State be
formed by the Junction of two or more States, or parts of
States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory of
other Property belonging to the United States; and nothing in
this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
Section 4. The United States shall guarantee to ever State
in this Union a Republican Form of Government, and shall
protect each of them against Invasion; and on Application of
the Legislature, or of the Executive (when the Legislature
cannot be convened) against domestic Violence.

Article V

The Congress, whenever two-thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two-thirds of
the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as part of this Constitution, when
ratified by the Legislatures of three-fourths of the several
States, or by Conventions in three-fourths thereof, as the
one or the other Mode of Ratification may be proposed by
the Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in
the Ninth Section of the first Article, and that no State
without its Consent, shall be deprived of its equal
Suffrage in the Senate.

[[Page S1565]]

Article VI

All Debts contracted and Engagements entered into, before
the Adoption of this Constitution shall be as valid against
the United States under this Constitution, as under the
Confederation.
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof, and all Treaties made, or
which shall be made, under Authority of the United States,
shall be the supreme Law of the Land, and the Judges in every
State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive
and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to
support this constitution; but no religious Test shall ever
be required as a Qualification to any Office or public Trust
under the United States.

Article VII

The Ratification of the Conventions of nine States shall be
sufficient for the Establishment of this Constitution between
the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth.

The Bill of Rights, amendments 1 through 10 of the Constitution.

The Conventions of a number of States; having at the time
of their adopting the Constitution, expressed a desire, in
order to prevent misconstruction or abuse of its powers, that
further declaratory and restrictive clauses should be added:
And as extending the ground of public confidence in the
Government, will best ensure the beneficent ends of its
institution: RESOLVED by the Senate and House of
Representatives of the United States of America, in Congress
assembled, two thirds of both Houses concurring, that the
following Articles be proposed to the Legislatures of the
several States, as Amendments to the Constitution of the
United States, all or any of which Articles, when ratified by
three fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution;
viz.t.

Amendment [I]

Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.

Amendment [II]

A well regulated Militia, being necessary to the security
of a free State, the right of the people to keep and bear
Arms, shall not be infringed.

Amendment [III]

No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.

Amendment [IV]

The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.

Mr. President, I am going to read that one again. It is the fourth
amendment. More than any other provision I am reading, this is the one
that is at the heart of the debate about this USA PATRIOT Act and its
provisions, and it is this provision that is particularly violated by
the imminent reauthorization of this law:

Amendment [V]

No person shall be held to answer for a capital, or other
wise infamous crime, unless on a presentment, or indictment
of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for the
same offenses to be twice put in jeopardy of life or limb;
nor shall be compelled in, any criminal case to be a witness
against himself, nor deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation.

Amendment [VI]

In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel
for his defence.

Amendment [VII]

In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury, shall be other-
wise reexamined in any Court of the United States, than
according to the rules of the common law.

Amendment [VIII]

Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

Amendment [IX]

The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.

Mr. President, how much time do I have remaining?
The PRESIDING OFFICER. The Senator has consumed 34 minutes.
Mr. FEINGOLD. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. TALENT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TALENT. Mr. President, I ask unanimous consent that I may be
permitted to speak for no longer than about 20 minutes as if in morning
business and that the time be charged postcloture.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Talent are printed in today's Record under
``Morning Business.'')
Mr. TALENT. I thank my friend from Wisconsin for letting me have the
floor to do this. I am happy to yield back the floor and I suggest the
absence of a quorum.
The PRESIDING OFFICER (Mr. Martinez). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, it is my understanding that the Senator from
Nevada has been yielded 2 hours. I already have 1 hour.
I ask 2 hours 50 minutes of that time be yielded to the Senator from
Wisconsin, Mr. Feingold.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. I don't think I need consent, do I?
The PRESIDING OFFICER. The Senator does not need consent.
The Senator from Vermont.
Mr. LEAHY. The Senator from Vermont, under the parliamentary
situation, is entitled to time?
The PRESIDING OFFICER. The Senator is entitled to 2 hours 54 minutes.
Mr. LEAHY. Mr. President, I will speak for a while. It is my intent
to then yield the remainder of my time to the distinguished Senator
from Wisconsin.
The Senate is going to soon vote to reauthorize the USA PATRIOT Act.
I am one of the authors of the original 2001 PATRIOT Act. I voted to
reauthorize an improved version of the act back in July of 2005.
Obviously, I am concerned, as all Americans are, with our security. I
am concerned, as is the distinguished Presiding Officer and the
distinguished Senator from Wisconsin, as one who goes to work every
day, along with thousands of others, in a building that was targeted
for destruction by al-Qaida. So I am glad we are making progress.
However, I have to admit to being disappointed at the missed
opportunity to get it right.
The PATRIOT Act provides important and valuable tools for the
protection of Americans from terrorism. These matters should be
governed by law, not by whim.
Legislative action should be the clear and unambiguous legal footing
for any Government powers. Former Congressman Armey, Dick Armey, the
Republican leader of the House, and I insisted that sunset provisions
be included in the 2001 act. Because we did that, we ended up with
reconsideration and some refinement of the powers authorized in that
measure.
Now the challenge of Congress is to provide the effective oversight
needed

[[Page S1566]]

in the days ahead and to ensure that there is court review of the
actions that affect the rights of Americans.
The bill contains several sunshine provisions that I proposed. I did
that to ensure we would have oversight and to ensure some measure of
public accountability for how our Government uses its powers.
For the first time ever, the Justice Department is going to be
required to report publicly on its use of two secret surveillance tools
that have come under fire from civil libertarians but also from the
business community. These are the FISA business record authority and
the so-called national security letters, or NSLs. The Justice
Department has been declassifying this information sporadically, when
politically convenient. It could offer no plausible justification for
keeping the information classified, especially when comparable data
regarding more sensitive surveillance techniques such as wiretapping
and physical searches is routinely disclosed.
The conference between the two bodies accepted my proposal that these
powers be subject to detailed, comprehensive, and unclassified audits
by the Justice Department's Office of the Inspector General.
Specifically, the OIG will audit the effectiveness and use, including
any improper or illegal use, of the FISA business record and NSL
authorities during the last several years and going forward.
In performing these audits, the OIG will examine the categories of
records obtained, the importance of the information required, the
manner in which it is retained and disseminated, and whether the
information is used for data mining purposes. The NSL audit will be
followed by a report on the feasibility of applying minimization
procedures in the context of NSLs to ensure the protection of the
constitutional rights of United States persons.
I have tried to describe it accurately. I realize that sounds like a
bureaucratic computer wrote it. I want to be very specific because this
administration sometimes does not pay attention to specific items. What
we do not want is any agency of our Government feeling they can simply
go and use these demands for records to go on a fishing expedition or
find somebody they do not like and say: Let's just grab all their
records. Let's go through all their records. Let's follow up on these
records and see if there is something else we want--and just do that on
and on with somebody who has no recourse, no ability to speak out.
Their businesses might be ruined, their lives might be ruined, and it
turns out: Whoops, sorry, we made a mistake. We are going on to
somebody else. We saw after 9/11 when that happened. We saw businesses
ruined, ranging from restaurants to other kinds of businesses, where:
Whoops, sorry, we got the wrong person. Too bad you had no real ability
to question what we were doing.

I proposed another sunshine provision. I am glad the conference
accepted it. It comes from a bill I introduced in the last Congress
with Senators Specter and Grassley. It requires the FISA Court to
publish its procedures and share their rules in an unclassified report.
Also, it requires annual reporting of the use of so-called sneak-and-
peek search warrants and FISA's emergency surveillance authorities.
Again, we give very special powers to our Government, recognizing the
fact that, as long as the distinguished Presiding Officer lives, as
long as I live, we will face these kinds of threats. But we want to
make sure the powers we give do not become powers just unto themselves
where none of us know where the check or the balance is.
The bill includes a scaled-back version of a data-mining provision
that was added by a floor amendment in the House.
Most of us use e-mails. We often send medical information on
ourselves, our children, our families. Maybe if you are in a business
you send information you want held so you can have a competitive
advantage over your competitor. A lot of that can be picked up in data-
mining operations.
As contained in the current bill, the provision calls for a one-time
report on pattern-based data mining by the Department of Justice. What
is that expression, pattern-based data mining? They develop models
based on expected behavior or profiles of criminal or terrorist
activity, then they mine databases of personal information to try to
identify those patterns.
It is sort of the Kevin Bacon ``six degrees of separation,'' except
we assume they are not going after Kevin Bacon. It does raise concerns
about profiling and individual privacy. There is a concern that if you
happen to be in a restaurant somebody frequented, you are now going to
be under surveillance.
Now, in addition to the sunshine provisions, I proposed we retain the
sunset mechanism that worked so well in the original PATRIOT Act.
Sometimes both sunshine and sunset work well together. As I said,
Republican House Majority Leader Dick Armey and I insisted, in 2001, on
a 4-year sunset for certain PATRIOT Act powers. If we had not done
that, we would not even be having this debate today. We would not have
even looked at what happened, especially with a Congress reluctant to
do oversight, a Congress unwilling to question anything this
administration does.
They were forced, actually, to ask questions about what is happening
under the PATRIOT Act because a conservative Member of the House--Dick
Armey--and a liberal Senator--myself--put in the sunset provisions so
we would be forced to look at it no matter who was President, no matter
who controlled the House, no matter who controlled the Senate. And
thank goodness we did because if we had not done that, I guarantee you,
this Congress never would have asked a question of anybody. If we had
not had that, the Bush administration would have stonewalled our
request for information, just as they have on so many other things.
The sunsets are the reasons we have been going through a review and
renewal process over the last few months. And the improvements were
hard won. The Bush administration pursued its usual strategy of
demanding sweeping Executive powers, resisting checks and balances.
They were long on partisan rhetoric and awfully short on bipartisan
dialog. As usual, the Republican majorities in the House and the Senate
did their utmost to follow the White House's directives to prevent any
sudden breakout of bipartisanship. But a ray of bipartisanship slipped
through the cracks, and the bill is the better for it.
It contains 4-year sunsets, not 7- or 10-year sunsets like the
administration wanted. The bill no longer contains a provision that
would have made it a crime merely to disclose the receipt of a national
security letter. Somebody hands you a national security letter and
demands documents and it's a crime if you tell anybody about it. ``Wait
a minute, you just closed down my business. I can't comply with this.''
``Tough. You can't tell anybody. You can't tell your wife. You can't
tell the people who work for you.'' This is America. We finally did
away with that, even though the administration strongly wanted that
kind of control.
They even wanted Americans, if they were served with a national
security letter and dared to seek legal advice, they had to go humbly
to the FBI first and tell them they were actually going to get a
lawyer--in America--to find out why they were being subpoenaed. Now, I
know they like control in this administration. That went too far. So we
no longer require American citizens to tell the FBI before they
exercise their right as Americans to seek the advice of counsel.
Sunlight is the best disinfectant. When the sunlight came in on this
bill, some of these things fell.
Chairman Specter and I worked together on these improvements, and our
efforts have produced a better bill for the protection of all
Americans. In this regard, I also compliment the Senate Democratic
conferees, whose efforts were extraordinary. Whether they vote for or
against the final product, Senators Rockefeller, Levin, and Kennedy all
deserve the thanks of the Senate and the American people for their hard
work and steadfastness.

Late changes were achieved by Republican Senators who had joined us
in resisting the conference report in December.
When terrorists strike, they do not ask whether you are Democrats or
Republicans or Independents. If they want to strike Americans, they
strike Americans. They do not ask what your politics are. And all
Americans--Democrats, Republicans, Independents--want to stop
terrorists. All Americans

[[Page S1567]]

oppose what they have done. So, therefore, it was regrettable that this
administration--with a President who was elected on a solemn campaign
pledge to be a uniter and not a divider--refused to engage both
Democrats and Republicans on ways to improve the bill. They spoke to
only one party, as though only one party cared about America being
safe. The White House Counsel spoke to only Republican Senators. So
they, in turn, negotiated to achieve what they view as improvements and
what they could. It is, of course, less than what we would have liked,
but I appreciate the fact they did what they could insofar as they were
dealing with an administration that did not want to treat the safety of
Americans in a bipartisan way.
But, therefore, the bill still falls short in several critical
regards.
Let's talk about section 215 of the PATRIOT Act, the business records
provision that has been so important to the libraries. Under section
215, the Government can obtain a secret order that compels access to
sensitive records of American citizens. It also imposes a permanent gag
on the recipient. In other words, I grabbed your records. Don't you
dare tell anyone. This is America. This is America. We have had
Presidents condemn other countries--and rightly so--for doing this sort
of thing to their citizens, and we want to do it to our own?
Before passage of the PATRIOT Act, there were two significant
limitations on the FBI's power to seize business records. First, it
could be used only for a few discrete categories of travel records,
such as records held by hotels, motels, vehicle rental facilities.
Second, the legal standard for obtaining the order was demanding. The
Government had to present specific and articulable facts giving reason
to believe that the subject of the investigation was a foreign power or
an agent of a foreign power.
Passed in the weeks following 9/11, the PATRIOT Act did away with
these limitations. It both expanded what the FBI may obtain with a
Section 215 order and it lowered the standard for obtaining it. Under
current law, the Government need only assert that something--anything--
is sought for an authorized investigation to protect against terrorism
or espionage, and the judge will order its production. What counts as
an authorized investigation is within the discretion of the Executive
branch.
Now, the Senate--and I compliment those Republicans and Democrats on
the Senate Judiciary Committee who got together on the reauthorization
bill that we passed last July--the Senate reestablished a significant
check on this power. Under the Senate bill, relevance to an authorized
investigation is not enough. The Government must also show some
connection between the records sought and a suspected terrorist or spy.
This is a fundamental protection that would not hamstring the
Government, but would do much to prevent overreaching in Government
surveillance. I fought for it in the Senate. Chairman Specter and every
Republican Senator voted for it. Then the Bush administration found out
about that. It ordered the Republican Members of Congress to strip it
out in conference, and these independent bodies--this check and
balance--said: Aye, aye, sir, and stripped it out.
The current bill also falls short on its treatment of national
security letters. These are, in effect, a form of secret administrative
subpoena. Again, my God, they love doing things in secret. They love
doing things in secret, and they tell us afterwards: Trust us. I seem
to have read something recently in the press about an agreement to have
another country run the operations of our ports. They said, after
failing to consult Congress, trust us. We secretly looked at Dubai. We
secretly looked at this, and we understand that money for the hijackers
went through that country, but we have secretly looked at it and it is
a good idea. Don't ask us any questions.
Well, now they have this form of secret administrative subpoena. They
are issued by FBI agents without the approval of a judge or a grand
jury or a prosecutor. They allow agents to obtain certain types of
sensitive information about innocent Americans simply by certifying its
relevance to a terrorism or espionage investigation. If the FBI agent
does not like your looks, they can just come in with this secret
subpoena and seize your records. Your business can be shut down on the
whim of one agent--no judge, no grand jury, no prosecutor, no check and
balance. And oh, by the way, we will do it secretly. Like section 215
orders, NSLs come with a permanent gag. Recipients are prohibited from
telling anyone anything about it.
The bill does not allow meaningful judicial review of this gag order.
It requires the court to accept as conclusive the Government's
assertion that a gag order should not be lifted, unless the court
determines the Government is acting in bad faith. This raises serious
First Amendment and due process concerns. Fixing this provision was one
of my top priorities in the conference and during my subsequent
discussions with Senator Specter. The Bush administration's refusal to
agree to this change was a significant factor in my consistent
opposition to the conference report in December. And there is strong
opposition to this provision from both Democrats and Republicans from
the right to the left. But the administration refused to correct it.
They also refused, as an alternative, to sunset the national security
letter authority.
I continued to seek remediation of this provision in January and
February through discussions with Senator Sununu and Senator Specter,
but they were unable to achieve that result. This creates, in my view,
a sham judicial proceeding within the complete control of the
Government that smacks too much of a police state. It is wrong. It
needs to be fixed.
I wish Americans would think: What are we giving up with the idea we
might be a little more secure? Wouldn't it be a lot better to fix the
mistakes that were made by the administration that allowed 9/11 to
happen in the first place, to go back and find out where those mistakes
were made and fix them? Wouldn't it be better to finally, years later,
start actually being able to translate all the information we have
picked up--something we did not do before 9/11 and today we still do
not do it anywhere near enough?
Wouldn't it have been better to have done that than to say to
Americans, most of whom would be law-abiding: We are going to give you
this letter--which just one person decides on--and we will seize your
records. You can't talk to anybody about it, and there's really nothing
you can do about that. You have no real judicial way of overturning the
gag order.
If we heard of other countries doing this, we would be critical and
rightly so. If the Chinese did this, we would criticize them and
rightly so. If the old Soviet Union did this, we would have criticized
them and rightly so. Please, do not let our country go down that road.
We are too good a people. We are too honest a people.
The bill's treatment of the PATRIOT Act's so-called sneak-and-peek
provisions is another area of concern. Section 213 of the PATRIOT Act
authorized the Government to carry out secret searches in ordinary
criminal investigations. Armed with a Section 213 search warrant, FBI
agents may enter and search a home or office and not tell anyone about
it until weeks or months later.
It is interesting to recall that four years ago, the House Judiciary
Committee took one look at the Bush administration's original proposal
for sneak and peak authority and dropped it entirely from its version
of the legislation. As chairman of the Senate Judiciary Committee, I
was able to make some improvements in the administration's proposal,
but problems remained. In particular, Section 213 says that notice may
be delayed only for ``a reasonable period.'' The Bush administration
has abused that flexible standard and used it to justify delays in
notice of a year or more. Pre-PATRIOT Act case law stated that the
appropriate period of delay was no more than seven days.
The Senate voted to replace the ``reasonable period'' standard, which
the Bush administration has been abusing, with a basic 7-day rule,
while permitting the Government to obtain additional 90-day extensions
of the delay from the court. The current bill sets a 30-day rule for
the initial delay, more than three times what the Senate, and

[[Page S1568]]

pre-PATRIOT Act courts, deemed appropriate. The shorter period would
better protect Fourth Amendment rights without in any way impeding
legitimate government investigations. The availability of additional
90-day extensions means that a shorter initial time frame should not be
a hardship on the Government. But our improvement has been rejected in
favor of too much Government power.
The current bill is also loaded with extraneous provisions that have
nothing to do with the expiring PATRIOT Act authorities or even with
terrorism. The bill modifies habeas corpus law--the great writ--a
highly controversial provision that is wholly improper to consider in
this context. I doubt it would ever pass, if it were put to a straight
up-or-down vote. But slip it in the bill and say: It is for national
security. Give up your rights, Americans. It is for national security.
Many times people in this Chamber talk about Benjamin Franklin, and
we think back to that time. Here is a man involved in the revolution
against King George. Had he failed, he would have been hanged. Most of
those around him would have been hanged. But when he has now become the
Government and his friends have become the Government, replacing King
George, he wanted to make sure to protect the people from the
Government. As he said, those who would give up essential liberties for
temporary security deserve neither liberty or security.
Habeas corpus, the one thing that every one of us can count on, the
great writ, the thing that sets us apart from virtually every other
country and the thing that protects us so much, was changed because a
small number of Republican conferees wanted to change it. They did not
want to bring it on the floor of the Senate or the House and vote on it
up or down. It has nothing do to do with terrorism or even the more
general tools of Federal law enforcement. It was almost a whim, let's
take away these rights.
These changes were not included in the PATRIOT Act reauthorization
bill of either the House or the Senate, but mysteriously, here it is,
slipped in.
I recall that part in ``A Man for All Seasons'' where Sir Thomas
More's protege William Roper is basically saying, the end justifies the
means, and Sir Thomas More spoke of the law as something there to
protect us. He said, and I am paraphrasing: All of England is planted
thick with laws. And his protege said, in effect, he would cut down all
those laws, if need be, to get at the devil. And Thomas More said: And
what will protect you then, with all the laws cut down? Yes, I'd give
the devil benefit of the law, for my own safety's sake.
I wonder if we are not doing that, especially with the sneaky way
this was done. That is the only way I can describe it, sneaky. The
administration said: Kick the Democratic conferees out. And the
independent bodies, the House and the Senate, said: Aye-aye, sir. It
violates our rules, but, yes, sir, if you want that for the White
House. And then they slipped it in. Neither body's Judiciary Committee
approved it. Incidentally, the U.S. Judicial Conference, at that time
headed by Chief Justice Rehnquist, made up of some of the most
conservative judges in the country, strongly opposed doing this.
Another extraneous provision of the bill will revive a small group of
pending death penalty prosecutions for aircraft hijacking murders
committed in the 1970s and 1980s. It is designed to overrule the
district court decision in United States v. Safarini, which struck the
death penalty for a 1986 hijacking offense on the grounds that the
Federal Death Penalty Procedures Act of 1994 could not be retroactively
applied to a pre-1994 crime, absent clear congressional intent to do
so.
To my knowledge, Congress has never enacted death penalty legislation
intended to allow the execution of a tiny number of known offenders for
crimes they are alleged to have committed from one to three decades
previously. Whether the Government can ultimately persuade the courts
that this does not violate the letter of the ex post facto and bill of
attainder clauses of the Constitution, it certainly violates their
spirit. It is telling that the Department of Justice, in its testimony
before the House Judiciary Committee, strongly recommended adding in a
severability clause, in case this provision was ultimately held invalid
by a court of law. I share the Department's skepticism regarding the
constitutionality of this wrongheaded provision, and deeply regret its
inclusion in the conference report.

To sum up, the bill presents a complex mixture of valuable provisions
which I support and would vote for if they were individually here,
significant improvements on the one hand but so many serious flaws and
missed opportunities on the other. I think the final product would have
been better if Members of Congress, Republicans and Democrats, both
bodies had been allowed to work as Members of Congress, as
representatives of the people instead of as puppets of the most
secretive administration of the six administrations with which I have
served. The Bush administration insisted on locking Democrats out of
the negotiations. They did that, first, in connection with the
conference and, again, after the Senate would not proceed to pass the
conference report last December. When I and others tried to have
conversations with the White House to improve the bill, our efforts
were dismissed. Basically, they took the attitude, as long as they can
get the votes they needed on the Republican side of the aisle, there is
no purpose in any bipartisan effort. What a mistake.
This is a bill that has both virtues and vices. I respect those who
conclude that on balance the bill's virtues outweigh its vices. And if
they conclude that, then vote for it. But I believe we can and should
do better. I believe America can do better. I will continue to work to
improve the PATRIOT Act. I will work to provide better oversight of the
use of national security letters. I will work to remove what is a
gross, un-American restraint on meaningful judicial review, the sort of
thing that Presidents of both parties have strongly condemned when done
by other countries. I hate to see our country do it.
I will seek to monitor how sensitive personal information that they
are now allowed to seize from medical files, gun stores, and libraries
is obtained and used. Today, I will join Senators Specter, Sununu,
Craig, and others in introducing a bill to improve the PATRIOT Act and
reauthorization legislation in several important respects. While we
have made some progress, much is left to be done.
Let me be very clear about this. There are good parts of this bill,
but there are also serious bad parts. The serious bad parts are worse
if you have an administration that does not believe in checks and
balances and prefers to do everything in secret. We now see the
administration seeking to twist the Authorization for Use of Military
Force against al-Qaida into a justification for its secret, illegal
wiretapping of Americans' emails and telephone calls. We see the
administration claiming that it need not fulfill its constitutional
responsibility to faithfully execute the laws and that it can pick and
choose among the laws it will recognize. And we see an administration
that continues to attack anyone that gets in their way and insists on
the rule of law.
Confronted with the administration's claims of unchecked power, I do
not believe that the restraints we have been able to include in this
reauthorization of the PATRIOT Act are sufficient. I will continue to
work to provide the tools that we need to protect the American people.
I trust that Vermonters will understand that while I have repeatedly
voted to extend and reauthorize the PATRIOT Act, this measure, this
time, falls short of what they deserve. So I won't support it in its
current form. I will continue to work to provide the oversight of
checks needed on the use of Government power and seek to improve this
reauthorization legislation. I know the Senate will adopt it, but it is
a pale shadow of what it could be. It is not the best that the greatest
democracy on Earth deserves. I will fight for the best, but I will not
vote for second best.
How much time do I have remaining, Mr. President?
The PRESIDING OFFICER. The Senator from Vermont has 2 hours 24
minutes.
Mr. LEAHY. I thank the Chair, my good friend.
I yield all but 15 minutes of that time to the distinguished Senator
from Wisconsin.

[[Page S1569]]

The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Wisconsin.
Mr. FEINGOLD. Mr. President, I thank the Senator from Vermont for
yielding the time and also for his excellent remarks and his comments
on this issue.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Coburn). Without objection, it is so
ordered.
Mr. FEINGOLD. Mr. President, we pass a lot of laws in this body, but
most of them don't get any public attention. Not so with the PATRIOT
Act. Few pieces of legislation have the kind of public understanding
and recognition the PATRIOT Act does. The PATRIOT Act has become a
rallying cry for those concerned about Government overreaching,
grabbing for more power than it needs, using a time of crisis to
justify changes in the law it otherwise could not hope to see made.
People all over the country want us to take a step back, to
reconsider, to fix the PATRIOT Act. Perhaps the strongest evidence of
this is that in the past 4 years, more than 400 State and local
governments have passed resolutions opposing or objecting to various
aspects of the PATRIOT Act. Eight of those government bodies are State
legislatures that have already passed resolutions opposing the PATRIOT
Act.
In April 2003, Hawaii was the first State to adopt a statewide
resolution. The next month, in May 2003, Alaska and Vermont passed
resolutions. Over the course of 2004 and 2005, we saw three more
resolutions in Colorado, Montana, and Maine. Finally, Idaho passed a
resolution specifically to support the SAFE Act's amendments to the
PATRIOT Act, and recently, on February 16, California passed a
resolution on the PATRIOT Act.
I will read these resolutions. There are eight such resolutions,
Alaska being the first.
A resolution:

Relating to the USA PATRIOT Act, the Bill of Rights, the
Constitution of the State of Alaska, and the civil liberties,
peace, and security of the citizens of our country.
Be it resolved by the Legislature of the State of Alaska:
WHEREAS the State of Alaska recognizes the Constitution of
the United States as our charter of liberty, and that the
Bill of Rights enshrines the fundamental and inalienable
rights of Americans, including the freedoms of religion,
speech, assembly, and privacy; and
WHEREAS each of Alaska's duly elected public servants has
sworn to defend and uphold the United States Constitution and
the Constitution of the State of Alaska; and
WHEREAS the State of Alaska denounces and condemns all acts
of terrorism, wherever occurring; and
WHEREAS attacks against Americans such as those that
occurred on September 11, 2001, have necessitated the
crafting of effective laws to protect the public from
terrorist attacks; and
WHEREAS any new security measures of federal, state, and
local government should be carefully designed and employed to
enhance public safety without infringing on the civil
liberties and rights of innocent citizens of the State of
Alaska and the nation; and
WHEREAS certain provisions of the ``Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001'', also known
as the USA PATRIOT Act, allow the federal government more
liberally to detain and investigate citizens and engage in
surveillance activities that may violate or offend the rights
and liberties guaranteed by our state and federal
constitutions;
BE IT RESOLVED that the Alaska State Legislature supports
the government of the United States of America in its
campaign against terrorism, and affirms its commitment that
the campaign not be waged at the expense of essential rights
and liberties of citizens in this country contained in the
United States Constitution and the Bill of Rights; and be it
FURTHER RESOLVED that it is the policy of the State of
Alaska to oppose any portion of the USA PATRIOT Act that
would violate the rights and liberties guaranteed equally
under the state and federal constitutions; and be it
FURTHER RESOLVED that, in accordance with Alaska state
policy, an agency or instrumentality of the State of Alaska,
in the absence of reasonable suspicion of criminal activity
under Alaska State law, may not
(1) initiate, participate in, or assist or cooperate with
an inquiry, investigation, surveillance, or detention;
(2) record, file, or share intelligence information
concerning a person or organization, including library
lending and research records, book and video store sales and
rental records, medical records, financial records, student
records, and other personal data, even if--

Even if--

authorized under the USA PATRIOT Act;
(3) retain such intelligence information; the state
Attorney General shall review the intelligence information
currently held by the state for its legality and
appropriateness under the United States and Alaska
Constitutions and permanently dispose of it if there is no
reasonable suspicion of criminal activity; and be it
FURTHER RESOLVED that an agency or instrumentality of the
state may not,
(1) use state resources or institutions for the enforcement
of federal immigration matters, which are the responsibility
of the federal government;
(2) collect or maintain information about the political,
religious, or social views, associations, or activities of
any individual, group, association, organization,
corporation, business, or partnership, unless the information
directly relates to an investigation of criminal activities
and there are reasonable grounds to suspect the subject of
the information is or may be involved in criminal conduct;
(3) engage in racial profiling; law enforcement agencies
may not use race, religion, ethnicity, or national origin as
factors in selecting individuals to subject to investigatory
activities except when seeking to apprehend a suspect whose
race, religion, ethnicity, or national origin is part of the
description of the suspect; and be it
FURTHER RESOLVED that the Alaska State Legislature implores
the United States Congress to correct provisions in the USA
PATRIOT Act and other measures that infringe on civil
liberties, and opposes any pending and future federal
legislation to the extent it infringes on Americans' civil
rights and liberties.
Copies of this resolution shall be sent to the Honorable
George W. Bush, President of the United States; the Honorable
John Ashcroft, Attorney General of the United States; the
Honorable Frank Murkowski, Governor of Alaska; and to the
Honorable Ted Stevens, and the Honorable Lisa Murkowski, U.S.
Senators, and the Honorable Don Young, U.S. Representative,
members of the Alaska delegation in Congress.

That is the Alaska resolution.
California Senate Joint Resolution No. 10--Relative to the USA
PATRIOT Act. Approved by the California Senate, introduced by Senator
Figueroa.

WHEREAS, The State of California recognizes the
Constitution of the United States of America as our charter
of liberty, and that the Bill of Rights enshrines the
fundamental and inalienable rights of Americans, including
freedoms of religion, speech, and privacy; and
WHEREAS, The State of California has a distinguished
history of safeguarding the freedoms of its residents; and
WHEREAS, Each of California's duly elected public servants
are sworn to defend and uphold the United States Constitution
and the Constitution of the State of California; and
WHEREAS, The State of California denounces and condemns all
acts of terrorism, wherever occurring; and
WHEREAS, Any new security measures of Federal, State, and
local governments should be carefully designed and employed
to enhance public safety without infringing on the civil
liberties and rights of innocent persons in the State of
California and the Nation; and
WHEREAS, Certain provisions of the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act, also known as the
USA PATRIOT Act, allow the government greater authority to
detain and investigate persons and to engage in surveillance
activities that may violate or offend the rights and
liberties guaranteed by our Federal and State Constitutions,
including rights of due process, the right to privacy, the
right to counsel, protection against unreasonable searches
and seizures, and basic First Amendment freedoms; and
WHEREAS, The people of California are concerned that many
provisions of the USA PATRIOT Act pose significant threats to
constitutional protections; now, therefore, be it
Resolved by the Senate and Assembly of the State of
California jointly, That the State of California supports
appropriate and effective measures by the Government of the
United States of America and the State of California to
combat terrorism and affirms its commitment that the campaign
not be waged at the expense of essential civil rights and
liberties of citizens of this country contained in the United
States Constitution and the Bill of Rights; and be it further
Resolved, That the State of California also urges its
congressional delegation to work to repeal any provisions of
the USA PATRIOT Act that limit or impinge on rights and
liberties protected equally by the United States Constitution
and the California Constitution and to oppose any pending and
future Federal legislation to the extent that it would
infringe on Americans' civil rights and liberties; and be it
further
Resolved, that the State of California will ensure that no
State resources be provided

[[Page S1570]]

for any action that would violate the United States
Constitution or the Constitution of the State of California,
including but not limited to, all of the following:
(1) Collecting or maintaining information about the
political, religious, or social views, associations, or
activities of any individual group, association,
organization, corporation, business or partnership, unless
the information directly relates to an investigation of
criminal activities, and there are reasonable grounds to
suspect the subject of the information is or may be involved
in criminal conduct.
(2) Recording, filing, or sharing intelligence information
concerning a person or organization, including library
lending and research records, book and video sales and rental
records, medical records, financial records, student records
and other personal data, even if authorized under the USA
PATRIOT Act.
(3) Demanding nonconsensual releases of student and faculty
records from public schools and institutions of higher
learning.
(4) Eavesdropping on confidential communications between
lawyers and their clients.
(5) Engaging in racial profiling that enables law
enforcement agencies to use race, religion, ethnicity or
national origin as factors in selecting individuals to be
subject to investigational activities, except when seeking to
apprehend a specific suspect whose race, religion, ethnicity
or national origin is part of the description of the suspect;
and be it further
Resolved, That the Secretary of State shall transmit copies
of this resolution to the President and the Vice President of
the United States and the Speaker of the House of
Representatives, to the majority leader of the Senate, and to
each Senator and Representative from California in the
Congress, the Attorney General of the United States, and to
all Federal and State law enforcement agencies.

Mr. President, that is the second resolution. The third one is from
Colorado. Senate Joint Resolution 05-044 concerning the State's
commitment to Uphold Constitutional Rights in the Fight Against
Terrorism, approved by the Colorado General Assembly.

WHEREAS, The State of Colorado is committed to upholding
the fundamental and inalienable rights, including the
freedoms of religion, speech, assembly and privacy, that are
enshrined in the Constitutions of the United States and the
State of Colorado; and
WHEREAS, Colorado's elected public servants have sworn to
defend and uphold the Federal and State Constitution; and
WHEREAS, The State of Colorado denounces and condemns all
acts of terrorism, wherever occurring; and
WHEREAS, The attacks that occurred on September 11, 2001,
and the continuing threat of terrorism underscore the need
for strong and effective laws and policy to protect the
American public; and
WHEREAS, The security measures taken by Federal, State, and
local governments should be carefully designed and applied to
enhance public safety without infringing on the civil
liberties and rights of innocent people in the State of
Colorado and throughout the Nation; and
WHEREAS, Certain provisions of the Federal ``Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act'', also known as the
``USA PATRIOT Act'', expand the power of the Federal
Government to detain and investigate people in the United
States and to engage in surveillance activities that may be
inconsistent with the rights and liberties guaranteed by the
State and Federal constitutions; now, therefore,
Be it Resolved by the Senate of the Sixty-fifth General
Assembly of the State of Colorado, the House of
Representatives concurring herein:
(1) That the General Assembly supports the Government of
the United States in its campaign against terrorism and
affirms its commitment that the campaign not be waged at the
expense of the essential civil rights and liberties enshrined
in the Constitution of the United States and the State of
Colorado;
(2) That it is the policy of the State of Colorado to
oppose any provision or application of the USA PATRIOT Act
that would violate the rights and liberties guaranteed by the
State and Federal Constitutions;
(3) That, in accordance with the policy of this State, no
agency or instrumentality of the State should, without
reasonable suspicion of criminal activity under Colorado law:
(A) Initiate, participate in, assist, or cooperate with any
inquiry, investigation, surveillance, or detention; (b)
Record, file, or share intelligence information concerning
any person or organization, including library lending and
research records, book and video store sales and rental
records, medical records, financial records, student records,
Internet mail and usage records, and other personal data,
even if authorized under the USA PATRIOT Act; or (c), Retain
such intelligence information.
(4) That no agency or instrumentality of the State should:
(A) collect or maintain information about the political,
religious, or social views, associations, or activities of
any individual, group, organization or business entity,
unless the information indirectly relates to an investigation
of criminal activities and there are reasonable grounds to
suspect that the subject of the information is involved in
criminal conduct; or (b) Use race, religion, ethnicity or
national origin as factors in selecting individuals to
subject to investigatory activities, except with respect to a
specific suspect whose race, religion, ethnicity, or national
origin is part of the description of the suspect.
(5) The General Assembly urges the United States Congress
to amend provisions of the USA PATRIOT Act and other measures
that infringe on civil rights and liberties and imposes the
enactment of future Federal legislation that infringes on
civil rights and liberties.
Be It Further Resolved, That copies of this joint
resolution be sent to the Honorable George W. Bush, President
of the United States; the Honorable Alberto Gonzalez,
Attorney General of the United States; the Honorable Bill
Owens, Governor of Colorado; and the members of Colorado's
congressional delegation.

Now we go to Hawaii's resolution, the first one to pass. Senate
Concurrent Resolution Reaffirming the State of Hawaii's Commitment to
Civil Liberties and the Bill of Rights Approved by the Hawaii State
legislature.

WHEREAS The Hawaii State legislature is committed to
upholding the United States Constitution and its Bill of
Rights and the Hawaii State Constitution and its Bill of
Rights (Article I, Sections 1 through 22); and
WHEREAS The State of Hawaii has a distinguished history of
safeguarding the freedoms of its residents; and
WHEREAS The State of Hawaii is comprised of a diverse and
multi-ethnic population, and has experienced firsthand the
value of immigration to the American way of life; and
WHEREAS The residents of Hawaii during World War II
experienced firsthand the dangers of unbalanced pursuit of
security without appropriate checks and balances for the
protection of basic liberties; and
WHEREAS The recent adoption of the USA PATRIOT Act and
several executive orders may unconstitutionally authorize the
Federal Government to infringe upon fundamental liberties in
violation of due process, the right to privacy, the right to
counsel, protection against unreasonable searches and
seizures, and basic first amendment freedoms, all of which
are guaranteed by the constitutions of Hawaii and the United
States; and
WHEREAS The citizens of Hawaii are concerned that the
actions of the Attorney General of the United States and the
United States Justice Department are significant threats to
constitutional protections; now, therefore,
Be It Resolved by the Senate of the Twenty-second
Legislature of the State of Hawaii, Regular Session of 2003,
the House of Representatives concurring, that the State of
Hawaii urges its congressional delegation to work to repeal
any sections of the PATRIOT Act or recent executive orders
that limit or violate fundamental rights and liberties
protected by the constitutions of Hawaii and the United
States; and
Be It Further Resolved that to the extent legally possible,
no State resources--including law enforcement funds and
educational administrative resources--may be used for
unconstitutional activities, including but not limited to the
following under the USA PATRIOT Act:
(1) Monitoring political and religious gatherings
exercising their First Amendment Rights;
(2) Obtaining library records, bookstore records, and Web
site activities without proper authorization and without
notification;
(3) Issuing subpoenas through the United States Attorney's
Office without a court's approval or knowledge;
(4) Requesting nonconsensual releases of student and
faculty records from public schools and institutions of
higher learning; and
(5) Eavesdropping on confidential communications between
lawyers and their clients.
Be It Further Resolved that certified copies of this
concurrent resolution be transmitted to Hawaii's delegation
in the United States Congress.

Now Idaho.

Stating findings of the Legislature concerning adoption of
the SAFE Act to limit certain provisions of the PATRIOT Act
in order to protect liberties of citizens of the United
States and urging the congressional delegation representing
the State of Idaho in the Congress of the United States to
support the SAFE Act: House Joint Memorial No. 7, approved by
the Idaho State legislature.
We, memorialists, the House of Representatives and the
Senate in the State of Idaho assembled in the First Regular
Session of the Fifty-eighth Idaho Legislature, do hereby
respectfully represent that:
WHEREAS, as citizens of the State of Idaho strongly believe
that basic civil liberties must be preserved and protected,
even as we seek to guard against terrorists and other threats
to national security; and
WHEREAS, there are some principles of our democracy which
are so fundamental to the rights of citizenship that they
must be preserved to guard the very liberties we seek to
protect; and
WHEREAS, legislation known as the SAFE Act has been
introduced in the Congress of the United States to adopt
amendments to

[[Page S1571]]

the PATRIOT Act which would address some of the most
problematic provisions of that act; and
WHEREAS, the SAFE Act amends the PATRIOT Act to modify the
provisions regarding the roving wiretaps to require that the
identity of the target be given and that the suspect be
present during the time when surveillance is conducted; and
WHEREAS, the SAFE Act revises provisions governing search
warrants to limit the circumstances when the delay of notice
may be exercised and to require reports to the Congress when
delays of notice are used; and
WHEREAS, the SAFE Act requires specific and articulable
facts to be given before business records are subject to
investigation by the Federal Bureau of Investigation; and
WHEREAS, the SAFE Act provides that libraries shall not be
treated as communication providers subject to providing
information and transaction records of library patrons; and
WHEREAS, it is appropriate that the legislature of the
State of Idaho, on behalf of the citizens of Idaho, express
support of the efforts of Senator Larry Craig to adopt the
SAFE Act, and encourage full support of the Idaho
congressional delegation.
Now, therefore, be it resolved by members of the First
Regular Session of the Fifty-eighth Idaho Legislature, the
House of Representatives and the Senate concurring therein,
that the Idaho legislature endorses the efforts to amend the
PATRIOT Act to ensure that it works well to protect our
security, but that it does not unnecessarily compromise
essential liberties of the citizens of the United States. We
urge the congressional delegation representing the State of
Idaho in the Congress of the United States to support
legislation introduced by Senator Larry Craig, known as the
SAFE Act.

Mr. President, the Maine Resolution, Joint Resolution Memorializing
the President of the United States and the Congress of the United
States to Ensure the Protection of Civil Liberties and the Security of
the United States Approved by the Maine State Legislature.

We, your Memorialists, the Members of the One Hundred and
Twenty-first legislature of the State of Maine now assembled
in the Second Special Session, most respectfully present the
petition of the President of the United States and the United
States Congress, as follows.
WHEREAS, the State of Maine recognizes that the
Constitution of the United States is our charter of liberty
and that the Bill of Rights enshrines the fundamental and
inalienable rights of Americans, including the freedoms of
religion, speech, assembly, and privacy; and
WHEREAS, each of Maine's duly elected public servants have
sworn to uphold and defend the Constitution of the United
States and the Constitution of Maine; and
WHEREAS, the State of Maine denounces and condemns all acts
of terrorism, wherever occurring; and
WHEREAS, attacks against Americans such as those that
occurred on September 11, 2001 have necessitated the crafting
of effective laws to protect the public from terrorist
attacks; and
WHEREAS, any new security measures of Federal, State, and
local governments should be carefully designed and employed
to enhance public safety, without infringing on the civil
liberties and the rights of any citizens in the State of
Maine and the Nation; and
WHEREAS, matters relating to immigration are primarily
Federal in nature; and
WHEREAS, certain provisions of the ``Uniting and
Strengthening America by Providing Appropriate Tools to
Intercept and Obstruct Terrorism Act of 2001,'' commonly
referred to as the USA PATRIOT Act, allow the Federal
Government more liberally to detain and investigate citizens
and engage in surveillance activities that may violate or
offend the rights and liberties guaranteed by our State and
Federal Constitutions; now therefore,
Be It Resolved: That we, Your Memorialists, on behalf of
the people we represent, take this opportunity to inform the
President of the United States and the United States Congress
that the Maine State Legislature supports the government of
the United States of America in its campaign against
terrorism and affirms its commitment that the campaign not be
waged at the expense of essential civil rights and liberties
of citizens of this country contained in the Constitution of
the United States and the Bill of Rights; and be it further
Resolved: That the Maine State Legislature urges that the
Federal Government to continue to exercise its jurisdiction
over immigration matters and encourages the Federal
Government to work cooperatively with the States to provide
assistance and training to protect our country; and be it
further
Resolved: That laws passed by the United States Congress to
specifically combat the threat of international terrorism
should not be used in conducting domestic law enforcement;
and be it further
Resolved: That the Maine State legislature implores the
United States Congress to review the provisions in the USA
PATRIOT Act and other measures that may infringe on civil
liberties and ensure any pending and future Federal
liberties.
AND BE IT FURTHER RESOLVED: That the Legislature calls upon
our United States Representatives and Senators to monitor the
implementation of the USA PATRIOT Act and related federal
actions and, if necessary, repeal those sections of the USA
PATRIOT Act and related federal measures that may infringe
upon fundamental rights and liberties as recognized in the
United States Constitution and its amendments; and be it
further resolved that official copies of this resolution,
duly authenticated by the Secretary of State, be transmitted
to the Honorable George W. Bush, President of the United
States, the Honorable John Ashcroft, Attorney General of the
United States; the Honorable John E. Baldacci, Governor or
the State of Maine; Richard Cheney, President of the United
States Senate; Dennis Hastert, Speaker of the United States
House of Representatives; and each member of the Maine
Congressional Delegation.

Mr. President, Montana:

A Joint Resolution of the Senate and the House of
Representatives of the State of Montana supporting the
Montana Constitution, the United States Constitution, and the
Bill of Rights; encouraging various actions in support of
fighting terrorism and protecting civil rights and civil
liberties; requesting the Attorney General of Montana to
compile and disseminate relevant information regarding
actions taken by the Federal Government under the USA PATRIOT
Act; and encouraging Montana's congressional delegation to
support and ensure the civil rights of all Montanans and
citizens of the United States, which includes allowing the
USA PATRIOT Act to expire.
WHEREAS, the citizens of Montana recognize the Constitution
of the United States as our charter of liberty and that the
Bill of Rights enshrines the fundamental and inalienable
rights of Americans, including the freedoms of religion,
speech, assembly, and privacy; and
WHEREAS, each of Montana's duly elected public servants has
sworn to defend and uphold the United States Constitution and
the Constitution of the State of Montana; and
WHEREAS, the citizens of Montana denounce and condemn all
acts of terrorism by any entity, wherever the acts occur; and
WHEREAS, terrorist attacks against Americans, such as those
that occurred on September 11, 2001, have necessitated the
crafting of effective laws to protect citizens of the United
States and others from terrorist attacks; and
WHEREAS, any new security measures of federal, state, and
local governments should be carefully designed and employed
to enhance public safety without infringing on the civil
liberties and rights of innocent citizens of Montana and the
United States; and
WHEREAS, certain provisions of the ``Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001'', also known
as the USA PATRIOT Act, allow the federal government to more
liberally detain and investigate citizens and to engage in
surveillance activities that may violate or offend the rights
and liberties guaranteed by our state and federal
constitutions.
Now, therefore, be it resolved by the Senate and the House
of Representatives of the State of Montana:
That the 59th Montana Legislature supports the government
of the United States in its campaign against terrorism and
affirms the commitment of the United States that the campaign
not be waged at the expense of essential civil rights and
liberties of citizens of this country that are protected in
the United States Constitution and the Bill of Rights.
BE IT FURTHER RESOLVED, that it is the policy of the
citizens of Montana to oppose any portion of the USA PATRIOT
Act that violates the rights and liberties guaranteed under
the Montana Constitution or the United States Constitution,
including the Bill of Rights.
BE IT FURTHER RESOLVED, that in accordance with Montana
state policy, in the absence of reasonable suspicion of
criminal activity under Montana law, the 59th Montana
Legislature exhorts agents and instrumentalities of this
state to not:
(1) initiate or participate in or assist or cooperate with
an inquiry, investigation, surveillance, or detention under
the USA PATRIOT Act if the action violates constitutionally
guaranteed civil rights or civil liberties;
(2) record, file, or share intelligence information
concerning a person or organization, including library
lending and research records, book and video store sales and
rental records, medical records, financial records, student
records, and other personal data, even if authorized under
the USA PATRIOT Act, if the action violates constitutionally
guaranteed civil rights or civil liberties; or
(3) retain any of the intelligence information described in
subsections (1) and (2) of this clause if the information
violates constitutionally guaranteed civil rights or civil
liberties.
BE IT FURTHER RESOLVED, that the Attorney General of
Montana is encouraged to review intelligence information
currently held by the state, assess the legality and
appropriateness of holding the information under the United
States Constitution and Montana Constitution, and permanently
dispose of all such information to which there is not
attached a reasonable suspicion of criminal activity.

[[Page S1572]]

BE IT FURTHER RESOLVED, that the 59th Montana Legislature
admonishes every agency and instrumentality of the state to
not:
(1) use state resources or institutions for the enforcement
of federal immigration matters that are the responsibility of
the federal government;
(2) collect or maintain information about the political,
religious, or social views, associations, or activities of
any individual, group, association, organization,
corporation, business, or partnership unless the information
directly relates to an investigation of criminal activities
and there are reasonable grounds to suspect that the subject
of the information was, is, or may be involved in criminal
conduct; or
(3) engage in racial profiling.
BE IT FURTHER RESOLVED, that state and local law
enforcement agencies should not use race, religion,
ethnicity, or national origin as factors in selecting
individuals to subject to investigatory activities, except
when seeking to apprehend a specific suspect whose race,
religion, ethnicity, or national origin is part of the
description of the suspect.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
requests:
(1) public schools and institutions of higher learning
within Montana to provide notice to each individual whose
education records have been obtained by law enforcement
agents pursuant to section 507 of the USA PATRIOT Act; and
(2) each public library within Montana to post in a
prominent place within the library a notice to library users
as follows: ``WARNING: Under Section 215 of the federal USA
PATRIOT Act (Public Law 107-56), records of the books and
other material you borrow from this library may be obtained
by federal agents. Federal law prohibits librarians from
informing you if records about you have been obtained by
federal agents. Questions about the law and policy that
allows federal agents to obtain and use information about
your activities in this library should be directed to: U.S.
Attorney General, Department of Justice, Washington, DC
20530''.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
encourages the Attorney General of Montana to periodically
seek from federal authorities the following information in a
form that facilitates an assessment of the effect of federal
antiterrorism efforts on the residents of Montana:
(1) the name of each resident of Montana who has been
arrested or otherwise detained by federal authorities as a
result of terrorism investigations since September 11, 2001,
the location of each detainee, the circumstances that led to
each detention, the charges, if any, lodged against each
detainee, and the name of counsel, if any, representing each
detainee;
(2) the number of search warrants that have been executed
in Montana pursuant to section 213 of the USA PATRIOT Act and
without notice to the subject of the warrant;
(3) the extent of electronic surveillance carried out in
Montana under powers granted in the USA PATRIOT Act;
(4) the extent to which federal authorities monitor
political meetings, religious gatherings, or other activities
within Montana that are protected by the First Amendment;
(5) the number of times that education records have been
obtained from public schools and institutions of higher
learning in Montana under section 507 of the USA PATRIOT Act;
(6) the number of times that library records have been
obtained from libraries in Montana under section 215 or
section 505 of the USA PATRIOT Act; and
(7) the number of times that records of the books purchased
by store patrons from bookstores in Montana have been
obtained under section 215 of the USA PATRIOT Act.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
requests the Attorney General of Montana to compile and
transmit to each member of the Legislature, at least once
every 6 months, a summary of the information obtained
pursuant to the legislative requests made in this resolution
and, based on the information and any other relevant
information, to include an assessment of the effect of
federal antiterrorism efforts on the residents of Montana.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
desires that all public libraries adopt policies that ensure
the regular destruction of records, when the records are no
longer needed, that may be used to identify the name of a
book borrower or the name of any Internet user.
BE IT FURTHER RESOLVED, that in order to protect
intellectual privacy rights, the 59th Montana Legislature
advises all persons in local businesses and institutions,
particularly booksellers, to refrain whenever possible from
keeping records that can be used to identify the name of any
purchaser and to regularly destroy sales records maintained
by the business or institution.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
urges the Montana delegation in the United States Congress
to:
(1) correct provisions in the USA PATRIOT Act and other
administrative measures that infringe on civil liberties by
supporting the sunset provisions of the USA PATRIOT Act,
slated to be reviewed by Congress in 2005, and ultimately
allow the USA PATRIOT Act to expire; and
(2) support passage of the Security and Freedom Ensured Act
of 2003 and the End Racial Profiling Act of 2004.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature
urges the Montana Congressional Delegation to vigorously
oppose any pending and all future federal legislation if the
legislation infringes on the civil rights and civil liberties
of American citizens. Federal legislation that the Montana
Congressional Delegation is encouraged to oppose includes but
is not limited to the Domestic Security Enhancement Act of
2003, also known as Patriot Act II.
BE IT FURTHER RESOLVED, that the Secretary of State send a
copy of this resolution to President George W. Bush, the
Attorney General of the United States, Governor Brian
Schweitzer, Senator Max Baucus, Senator Conrad Burns, and
Representative Dennis Rehberg.

Mr. President, now we turn to Vermont.

Joint resolution strongly urging the President to revise
executive orders and policies, and for Congress to amend
provisions of the U.S.A. Patriot Act, which seriously erode
fundamental civil liberties.
Approved by: Vermont State Senate.

WHEREAS, on September 11, 2001, for the first time since
the War of 1812, the continental United States was subjected
to an attack from abroad when terrorists commandeered four
commercial airliners and destroyed the World Trade Center in
New York City and caused significant damage to the Pentagon,
and
WHEREAS, in response to these tragic and devastating
events, which cost nearly 3,000 innocent American lives,
Congress adopted the U.S.A. Patriot Act (Public Law 107-56)
which is intended to enable the federal government to act
more authoritatively in preventing future attacks, and
WHEREAS, while the prevention of future terrorist attacks
is a critical national priority, it is equally important to
preserve the fundamental civil liberties and personal
freedoms which were enshrined in the Bill of Rights over 200
years ago, and which have been preserved through a constant
vigilance and outcry against periodic threats to their
existence, and
WHEREAS, while sunset review dates were attached to certain
provisions, the final bill remains, perhaps, the most severe
legislative attack on civil liberties since the passage of
the Alien and Sedition Acts in the 1790s, and
WHEREAS, under the auspices of both the U.S.A. Patriot Act
and related executive orders, persons from the Middle East
and South Asia have been unjustly targeted for interrogation
and possible deportation, and
WHEREAS, the ability of the Central Intelligence Agency to
engage in domestic spying activities, with tragic
repercussions, fortunately halted in the 1970s, but is now
being revived pursuant to sections 223 and 901 of the Act,
and
WHEREAS, section 213 greatly lowers the threshold required
for a court to issue a search warrant, and
WHEREAS, section 216 nearly eliminates judicial supervision
of telephone and internet surveillance, and
WHEREAS, section 411 gives the U.S. Attorney General
extraordinarily broad authority to designate domestic groups
as ``terrorist organizations,'' and
WHEREAS, both sections 411 and 412 subject noncitizens to
indefinite detention or deportation even if they have not
committed a crime, and
WHEREAS, several sections of the bill, including 215, 218,
358, and 508, permit law enforcement authorities to have
broad access to sensitive mental health, library, business,
financial, and educational records despite the existence of
previously adopted state and federal laws which were intended
to strengthen the protection of these types of records, and
WHEREAS, there has been an especially strong outcry in
Vermont against the ability of federal authorities, under
section 215 of the Act, to obtain judicially-issued warrants
for library or bookstore patron records based on minimal
information, and the accompanying prohibition on librarians
and bookstore personnel from revealing any information
regarding the request, and
WHEREAS, this provision runs directly counter to the intent
of the Vermont General Assembly to protect the privacy of a
library patron's records as codified in Title 3
Sec. 317(c)(19) of the Vermont Statutes Annotated, and the
code of ethics of the American Library Association, and
Whereas, both the Fletcher Free Library Commission and the
Vermont Library Association have expressed their strongest
possible concerns that the U.S.A. Patriot Act undermines
constitutionally-guaranteed rights and the privacy of library
patrons, and
WHEREAS, Congressman Bernard Sanders has announced his
intention to sponsor legislation to exempt libraries and
booksellers from the disclosure requirements of the U.S.A.
Patriot Act, and
WHEREAS, a number of municipal legislative bodies,
including the Burlington City Council, have expressed their
deep concerns relative to the U.S.A. Patriot Act's historic
degradation of civil liberties, and
WHEREAS, the law gravely threatens the civic values,
personal freedoms, and rights that constitute the foundation
of our national existence, now therefore be it Resolved by
the Senate and House of Representatives: That the General
Assembly strongly urges the President and members of the
executive branch to review and revise executive orders and
policies which have been adopted since September 11, 2001,
and be it further
RESOLVED: That the General Assembly strongly urges the
United States Congress to

[[Page S1573]]

revise the U.S.A. Patriot Act in order to restore and protect
our nation's fundamental civil liberties, and, in particular,
to enact Representative Sanders' proposal to exempt libraries
and bookstores from the provisions of the Act, and be it
further
RESOLVED: That the General Assembly requests that the
office of the Vermont Attorney General offer legal support to
any public library which is subject to a federal suit or
administrative enforcement action for refusing to comply with
the provisions of the Act related to library patrons'
records, and be it further
RESOLVED: That the Secretary of State be directed to send a
copy of this resolution to the President of the United
States, to each member of the Vermont Congressional
Delegation, and to Keith M. Fiels, Executive Director of the
American Library Association, in Chicago.

There you have it. Those are the eight State government resolutions,
but more than 400 total resolutions and ordinances have been passed,
the rest by local, city, and county governments. In fact, on December
13, just 3 days before the first cloture vote on the conference report,
the town of Coupeville, WA, became the 400th community or State to pass
a resolution to reflect its citizens' concerns about the impact of the
PATRIOT Act on constitutional rights. And since then four additional
communities have passed resolutions, not to mention the California
State resolution I just read.
Let me read a few of these county and city resolutions. I can do more
later. Why don't we begin with the four passed in my State of
Wisconsin.
Douglas County, this is one of the northern most counties in the
State.
Resolution by the Douglas County Board of Supervisors, Subject U.S.A.
PATRIOT Act, approved by Douglas County Board of Supervisors.

WHEREAS, Douglas County, Wisconsin, recognizes the
Constitution of the United States of America to be the
supreme law of the land, which all public servants are sworn
to uphold, superceding all administrative rules, local
ordinances, state statutes and federal laws, and
WHEREAS, Douglas County, Wisconsin, recognizes that the
Bill of Rights, as represented in Exhibit H-5-03, embodies
the rights of citizenship that have made the United States of
America the land of freedom for more than 200 years, and
WHEREAS, Douglas County, Wisconsin, and the United States
have benefited greatly through the constitutional rights and
liberties afforded their diverse citizenry, in freedom of
speech and assembly, equality before the law and the
presumption of innocence, access to counsel and due process
in judicial proceedings, and protection from unreasonable
searches and seizures, and
WHEREAS, Douglas County, Wisconsin, affirms its strong
opposition to terrorism, and further affirms that any efforts
to end terrorism not be waged at the expense of our civil
rights and liberties, and
WHEREAS, in the aftermath of the September 11, 2001
terrorist attack, in an effort to unite and strengthen
America, and to combat terrorism, Congress passed the USA
Patriot Act, and
WHEREAS, it has become apparent that the USA Patriot Act
weakens the constitutional protections for every United
States citizen as follows:
(1) First Amendment rights, which guarantee ``freedom of
religion, of speech, to peaceably assemble, and to petition
the government for a redress of grievances,'' are compromised
by USA Patriot Act, Sections 802 and 215;
(2) Fourth Amendment protections, which guarantee the
``right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and
seizures,'' are compromised by USA Patriot Act Sections 203,
206, 213, and 218; and
(3) Fifth Amendment protections of due process and
attorney-client confidentiality are compromised.
NOW, THEREFORE, BE IT RESOLVED, that the Douglas County
Board of Supervisors expresses deep concern over any
compromise of constitutional freedoms which protect civil
rights and liberties for all people of the United States.
BE IT FURTHER RESOLVED, that the Douglas County Board of
Supervisors affirms its strong opposition to terrorism, but
also affirms that any efforts to end terrorism should not be
waged at the expense of fundamental civil rights and
liberties, and that a threat to one person's constitutional
rights is a threat to the rights of all.
BE IT STILL FURTHER RESOLVED, that the Douglas County Board
of Supervisors requests that United States representatives
and senators closely monitor implementation of the USA
Patriot Act, as well as Executive Orders issued pursuant to
the Act, and actively work to repeal those Sections of the
USA Patriot Act that threaten the essential civil rights and
liberties of all Americans.
BE IT STILL FURTHER RESOLVED, that any enhancement to the
USA Patriot Act, such as USA Patriot Act II (aka Domestic
Security Act of 2003), be forestalled until such time as
enhancements or changes are done in full view of American
citizens.
BE IT STILL FURTHER RESOLVED, that upon passage, a copy of
this resolution shall be provided to Governor James Doyle,
Senator Robert Jauch, Representative Frank Boyle, each
Wisconsin congressional delegate, United States Attorney
General John Ashcroft, Secretary of State Colin Powell, and
President George W. Bush.

Next, a resolution from the northwestern part of Wisconsin, Eau
Claire, WI, a resolution of the City of Eau Claire, WI, approved by the
Eau Claire City Council.

WHEREAS, the City of Eau Claire and its citizens being
governed by the United States Constitution and the
Constitution of the State of Wisconsin; and
WHEREAS, the City of Eau Claire acknowledges that both the
United States and Wisconsin Constitutions guarantee her
citizens freedom of speech, freedom to peaceably assemble,
freedom from unreasonable searches and seizures, freedom of
religion, freedom to petition the government for grievances
and protection of the rights of the accused; and
WHEREAS, the City of Eau Claire is home to a diverse
population, including citizens of other nations, whose
contributions to the community are vital to its charter and
function; and
WHEREAS, the City Council of the City of Eau Claire, while
a strong opponent of terrorism and a strong proponent for the
safety and security of its citizens, believes that efforts to
maintain and enhance public safety and security should not
infringe on the essential civil rights and liberties of the
people of Eau Claire; and
WHEREAS, the City of Eau Claire recognizes and honors all
those who have served in the Armed Forces of the United
States of America, and has with gratitude for their supreme
sacrifice memorialized those in the Armed Forces who have
died in battle to secure and protect these same cherished
rights and liberties; and
WHEREAS, sections of the USA PATRIOT Act now threaten these
fundamental rights and liberties; and
WHEREAS, many citizens of Eau Claire, surrounding
communities, and other communities across the nation are
concerned that the USA PATRIOT Act threatens the civil rights
and liberties of citizens of the United States and other
nations by
so broadly defining ``domestic terrorism'' that any
citizens who use direct action to further their political
causes are vulnerable to prosecution as ``domestic
terrorists'' (Sec. 802 of the USA PATRIOT Act);
authorizing federal agents to conduct covert searches of a
person's home or office without notice of the execution of a
search warrant until after the search has been completed, in
some cases up to 90 days later (Sec. 213 of the USA PATRIOT
Act);
requiring the surrender of ``any tangible things (including
books, records, papers, documents and other items)'' and
without limits as to the parties from whom the seizure of the
above-mentioned tangible things can be required (Sec. 215 of
the USA PATRIOT Act);
authorizing the government to install tracking devices on
Internet Service Providers which are capable of
intercepting all forms of Internet activity, e-mail
messages, web page activity and Internet telephone
communications whether the client is targeted in an
investigation or not (Sec. 216 of the USA PATRIOT Act);
allowing searches to take place without probable cause of
criminal conduct (Sec 218 of the USA PATRIOT Act); and
authorizing the United States Attorney General to detain
indefinitely non-citizens on immigration violations and to
arrest material witnesses not charged with any crime (Sec 412
of the USA PATRIOT Act).
WHEREAS, the City of Eau Claire recognizes that to date
some 236 cities, towns, counties and states in the United
States of America have passed resolutions, ordinances or
ballot initiatives protecting the civil liberties of their
residents;
Therefore, we the City Council of Eau Claire, Wisconsin,
acting in the spirit of liberty, and to preserve those
liberties guaranteed by the Constitutions of the United
States of America and the State of Wisconsin, do hereby
request that local, state, and federal law enforcement
continue to preserve residents' freedom of speech, religion,
assembly, and privacy;
1. Rights to counsel and due process in judicial
proceedings; and protection from unreasonable searches and
seizures, detentions and racial profiling;
2. The Wisconsin Congressional delegation actively work for
the repeal of those portions of the Act and its extensions,
including ``Patriot Act II'' and national security letters,
that violate the rights and liberties guaranteed by the
United States Constitution; and
3. The City Clerk communicate this resolution to all City
and County departments and employees, Wisconsin's
Congressional delegation, the Governor and Attorney General
of the State of Wisconsin, and the President and Attorney
General of the United States.

Now to the south-central part of the State, our State Capital,
Madison, WI, a Resolution to Defend the Bill of Rights and Civil
Liberties, approved by the Madison City Council.

WHEREAS, the City of Madison recognizes the Constitution of
the United States of America to be the supreme law of the
land, which all public servants are sworn to uphold,
superceding all administrative rules, local ordinances, state
statutes and federal laws;

[[Page S1574]]

WHEREAS, the City of Madison has a long and proud tradition
of upholding the free exercise and enjoyment of the
inalienable rights granted to all persons by the Universal
Declaration of Human Rights and the Constitution of the
United States of America;
WHEREAS, the City of Madison greatly benefits from the many
contributions of its highly diverse population, which
includes citizens from around the world, and is vital to our
city's unique character;
WHEREAS, the City of Madison affirms its strong opposition
to terrorism, but also affirms that any efforts to end
terrorism not be waged at the expense of essential civil
rights and liberties of the people of Madison, the United
States and the World;
WHEREAS, the provisions of the USA Patriot Act expands the
authority of the federal government to detain and investigate
citizens and non-citizens and engage in electronic
surveillance of citizens and non- citizens and threatens
civil rights and liberties guaranteed under the United States
Constitution;
WHEREAS, the City of Madison recognizes that such
infringement of the constitutionally guaranteed rights of any
person, under the color of law, is an abuse of power, a
breach of the public trust, a misappropriation of public
resources, a violation of civil rights and is beyond the
scope of governmental authority;
IT IS THEREFORE RESOLVED, that the City of Madison remains
firmly committed to the protection of civil rights and
civil liberties for all people. The City of Madison will
completely avoid discrimination in every function of city
government, and vigorously uphold the constitutionally
protected rights of all persons to peacefully protest and
express their political views without any form of
governmental interference.
IT IS FURTHER RESOLVED, that the City of Madison joins
communities across the nation in expressing concern that the
USA PATRIOT Act threatens civil rights and liberties
guaranteed under the United States Constitution.
IT IS FURTHER RESOLVED, and is the policy of the City of
Madison, to forbid in the absence of probable cause of
criminal activity:
1. Any initiation of, participation in, assistance or
cooperation with any inquiry, investigation, surveillance or
detention; and
2. The recording, filing and sharing of any intelligence
information concerning any person or organization, even if
authorized by federal law enforcement, acting under new
powers granted by the USA PATRIOT Act or Executive Orders.
This includes collection and review of library lending and
research records, as well as book and video store sales and/
or rental records; and
3. The retention of intelligence information.
Information that is currently held shall be thoroughly and
carefully reviewed by the City Attorney or other appropriate
City official to be designated by the Mayor, for its legality
and appropriateness, using the United States and Wisconsin
Constitutions. Any information that was collected is
permanently disposed of if there is no probable cause of
criminal activity; and
4. Enforcement of immigration matters, which are entirely
the responsibility of the Immigration and Naturalization
Service. No city service will be denied on the basis of
citizenship; and
5. Profiling based on race, ethnicity, citizenship,
religion, or political values.
IT IS FURTHER RESOLVED, that any state or federal law
enforcement agencies working within the City of Madison
comply with the policies and procedures of the Madison Police
Department, and regularly report to the Mayor the extent and
manner in which they have acted under the USA PATRIOT Act or
new Executive Orders. This includes the names of any
detainees held in the Madison area, or any Madison residents
detained elsewhere. The Mayor will then publicly report to
the Common Council.
IT IS FURTHER RESOLVED, that the City Clerk communicate
this resolution to all city departments, the Governor and
Attorney General of the State of Wisconsin, the President and
Attorney General of the United States of America and to call
upon our congressional representatives to actively work to
repeal the USA PATRIOT Act.
IT IS FINALLY RESOLVED THAT, this Resolution shall be
severable if any phrase, clause, sentence or provision of
this Resolution is declared by a court of competent
jurisdiction to be contrary to the Constitution of the United
States of America or the State of Wisconsin. If the
applicability thereof to any agency, person or circumstances
is held invalid, the validity of the remainder of this
Resolution and applicability thereof to any other agency,
person or circumstances shall not be affected thereby.
Finally, our largest city, Milwaukee, WI. Resolution
Affirming the Protection of Citizens' Civil Rights and Civil
Liberties. Approved by: Milwaukee City Council.
Whereas, The city of Milwaukee denounces terrorism and
acknowledges that Federal, state and local governments have a
responsibility to protect the public from terrorist attacks
and uphold:
1. Freedom of speech, religion, assembly and privacy,
2. The right to counsel and due process in judicial
proceedings, and
3. Protection from unreasonable searches, seizures and
detention; and
WHEREAS, the members of the Common Council believe that
there is no inherent conflict between national security and
the preservation of liberty--Americans can be both safe and
free; and
WHEREAS, Federal, state and local governments should
protect the public from terrorist attacks, such as those that
occurred on September 11, 2001, but should do so in a
rational and deliberative fashion in order to ensure that
security measures enhance the public safety without impairing
constitutional rights or infringing on civil liberties; and
WHEREAS, the City of Milwaukee is grateful for the supreme
sacrifice of military veterans and law enforcement officers
who have died in protecting this country's cherished rights
and liberties; and
WHEREAS, the U.S. Congress passed the USA PATRIOT Act on
October 26, 2001 with little debate, following the attacks on
the United States on September 11, 2001; and
WHEREAS, sections of the USA PATRIOT Act and several
Executive Orders, now threaten fundamental rights and
liberties, which are guaranteed by the Constitution of the
State of Wisconsin and the United States Constitution and its
Bill of Rights; the sections of the Act which threaten these
human rights and liberties include:
Section 213 which permits law enforcement to perform
searches with no one present and to delay notification of the
search of a citizen's home.
Section 215 which permits the FBI Director to seek records
from bookstores and libraries including books of patrons
based on minimal evidence of wrongdoing and prohibits
librarians and bookstore employees from disclosing the fact
that they have been ordered to produce such documents.
Section 218 which dilutes the ``probable cause''
requirement before conducting secret searches or surveillance
to obtain evidence of a crime.
Section 215, 218, 358, and 508 which permit law enforcement
authorities to have broad access to sensitive mental health,
library, business, financial and educational records despite
the existence of previously adopted state and federal laws
which were intended to strengthen the protection of these
types of records; and
WHEREAS, the City of Milwaukee has a commitment to uphold
the human rights of all persons in Milwaukee and the free
exercise and enjoyment of any and all rights and privileges
secured by our constitutions and laws of the United States,
the State of Wisconsin and the Charter of the City of
Milwaukee; now, therefore, be it
RESOLVED, by the Common Council of the City of Milwaukee,
that the Common Council expresses its support of protection
of citizens' human rights and civil liberties and opposition
to those provisions of the USA PATRIOT Act that threaten
those rights and liberties; and, be it
FURTHER RESOLVED, That the Common Council recognizes the
crucial distinctions between:
Legal and peaceful demonstrations and protests, which are
protected by the U.S. and Wisconsin constitutions and laws.
Acts of protest involving civil disobedience of minor law
infractions such as disorderly conduct.
Acts of terrorism, which would involve serious threats or
violence, such as kidnapping or serious bodily injury to a
civilian population; and, be it
FURTHER RESOLVED, That the Common Council affirms its
commitment to uphold civil rights and civil liberties and
therefore expresses its opposition to:
( a) investigation of individuals or groups of individuals
based on their participation in activities protected by the
First Amendment, such as political advocacy or the practice
of religion, without reasonable suspicion of criminal
activity, and
(b) racial, religious or ethnic profiling; and, be it
FURTHER RESOLVED, That the Common Council calls upon
Wisconsin's federal legislators to monitor the implementation
of the USA PATRIOT Act and related federal actions and to
actively work for the repeal of those sections of the USA
PATRIOT Act that unduly infringe upon fundamental rights and
liberties as recognized in the U.S. Constitution; and, be
it
FURTHER RESOLVED, That the Common Council urges Wisconsin's
federal legislators to support and co-sponsor the Security
and Freedom Ensured Act of 2003 (SAFE Act) and urges
Congressman F. James Sensenbrenner, chair of the House
Judiciary Committee, to schedule hearings on the SAFE Act;
and, be it
FURTHER RESOLVED, That the City of Milwaukee opposes any
unfunded federal mandates instructing local police to attempt
to enforce the complex civil immigration laws of the U.S. to
the detriment of their primary law enforcement duties, as
articulated by the Boston Police Commissioner: ``turning all
police officers into immigration agents . . . will discourage
immigrants from coming forward to report crimes and
suspicious activity, making our streets less safe as a
result''; and, be it
FURTHER RESOLVED, That the City of Milwaukee remains
committed to the protection of civil rights and civil
liberties for all people and will uphold the constitutionally
protected rights of all people to peacefully express their
political views without governmental interference and that
officers of the Milwaukee Police Department be trained
consistent with the above principles; and, be it
FURTHER RESOLVED, That the Common Council opposes requests
by federal authorities that, if granted, would cause agencies
of

[[Page S1575]]

the City of Milwaukee to exercise powers or cooperate in the
exercise of powers in violation of any city ordinance or the
laws or Constitution of the State of the United States; and,
be it
FURTHER RESOLVED, That in order to assess the effect of
antiterrorism initiatives on the residents of the City of
Milwaukee, the Common Council calls upon federal officials to
make periodic reports, consistent with the Freedom of
Information Act; and, be it
FURTHER RESOLVED, That the City of Milwaukee joins 43
million Americans, 250 communities in 37 states across the
nation and the National League of Cities as of February 24,
2004 in expressing concern that existing elements of the USA
PATRIOT Act threaten civil rights and liberties guaranteed
under the U.S. Constitution.

Mr. President, I shared with my colleagues the resolutions of all
eight States in this country, all the way from Alaska to Maine, that
express deep concerns about provisions of the USA PATRIOT Act. This was
our opportunity to respond to the voices of those legislatures and the
people of those States, to their heartfelt concerns about the
degradation of their civil liberties. Many of these are not liberal
States. Many of these are some of the reddest of the red States, to put
it into common parlance, and they are some of the strongest States when
it comes to the question of whether someone's library records or
business records should be obtainable on no showing whatever--
whatever--that someone is connected either to terrorism or any kind of
wrongdoing at all. That is American common sense, whether you are
standing in Maine, Wisconsin, or Alaska.
I only shared 4 of the 400 resolutions from city councils and county
governments that essentially say the same thing. But I did share four
from all over my State of Wisconsin where I believe the sentiment is
strong that there simply is no reason why we cannot get the balance
right, why we can't always err on the side of more government power,
where the feeling is that somehow we are capable in this Congress and
in this Government and in this country of getting the terrorists and
stopping the terrorists, but also protecting the fundamental rights on
which this country is founded.
It is not just my words. I happen to have been the only person to
vote against the original USA PATRIOT Act in this Senate. But what I
have begun to share is the fact that hundreds and hundreds of
governmental units across this country have passed resolutions by the
elected representatives in those communities or in those States,
saying, wait, there are problems with the USA PATRIOT Act and they must
be fixed.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Vitter). Without objection, it is so
ordered.
Mr. FRIST. Mr. President, I ask unanimous consent that
notwithstanding rule XXII, the vote on adoption of the conference
report to accompany H.R. 3199, the PATRIOT Act, occur at 3 p.m.
tomorrow, with no further intervening action or debate. I further ask
that the time until 2:30 be equally divided, with 1 hour of the time
controlled by the minority to be under the control of Senator Feingold
and that the time between 2:30 and 3 p.m. be equally divided between
the majority leader and the Democratic leader or their designees.
The PRESIDING OFFICER. The minority leader is recognized.
Mr. REID. Reserving the right to object, I want the record to be
spread with my appreciation to Senator Feingold for working with us.
Because of his agreeing to give up part of the time, it is going to
make it more convenient for Members who have other things they would
like to be doing, including another matter to vote on as soon as we
finish this. So I want the record to indicate that I speak for many
Senators in expressing appreciation to Senator Feingold for working
with us.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REED. Mr. President, yesterday I opposed cloture on S. 2271, the
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006.
Although I support Senator Sununu's bill, I voted against ending debate
on it because Members of the Senate should have the right to offer
amendments to this legislation, which implicates some very weighty
constitutional and civil liberty issues. Today, I voted in support of
S. 2271 on its merits because I believe it improves the PATRIOT Act
conference report. I will continue to work with Senators Feingold,
Specter, and others to make more improvements such as those included in
the bipartisan Senate PATRIOT Act reauthorization bill, which passed
unanimously last July.

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