[Congressional Record Volume 152, Number 29 (Wednesday, March 8, 2006)]
[Extensions of Remarks]
[Pages E319-E320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    USA PATRIOT ACT ADDITIONAL REAUTHORIZING AMENDMENTS ACT OF 2006

                                 ______
                                 

                               speech of

                          HON. DONALD M. PAYNE

                             of new jersey

                    in the house of representatives

                         Tuesday, March 7, 2006

  Mr. PAYNE. Madam Speaker, I rise today to express my dismay at the 
passage of the unwise and unsound provisions contained in S. 2271, the 
USA PATRIOT Act Reauthorizing Amendments Act of 2006. Unfortunately, I 
was unavoidably detained during the vote and could not cast my strong 
opposition to the reauthorization of this act.
  I am deeply concerned about this flawed piece of legislation that 
purports to protect our country against future terrorist acts while 
still preserving our civil liberties. I do not agree that both 
objectives are mutually exclusive. However, as was evident during its 
rash passage in 2001, this bill forsakes one aim in favor another. 
While this version of the Patriot Act, with Senator John Sununu's 
amendments, adds some civil liberty protections, these changes are only 
cosmetic and are still an infringement upon many of our constitutional 
rights including the First, Fourth and Fifth Amendments. A 
reauthorization process should be a time in which legislators analyze 
how a law has impacted society and works towards its improvement. I 
even saw a slight glimmer of hope when many Senators from both sides of 
the aisle exemplified patriotism and questioned how this law is 
contradictory to what this nation stands for and upon which it prides 
itself. I applaud their courage and their effort. Unfortunately, the 
debate surrounding this bill was met with stern opposition from the 
White House and many Members of Congress.
  It is never wise to pass knee-jerk legislation. In the wake of 9/11, 
the US Congress quickly passed the Patriot Act without fully 
understanding its implications and how its infringements upon the 
Constitution could lead to abuses. It essentially gave the Executive 
Branch carte-blanche to pursue whatever actions it thought appropriate 
in the fight against terrorism. As evidenced by the Bush 
administration's warrantless domestic surveillance program, it is quite 
evident that civil liberties must be safeguarded not stripped. The 
government will still have the ability to employ National Security 
Letters and Section 215 court orders to

[[Page E320]]

go on fishing expeditions and obtain private and confidential records 
on the basis that there is ``reasonable grounds to believe'' that these 
records are ``relevant'' to an investigation. Furthermore, the 
government will still be able to delay notifying individuals that their 
private property has been searched. While there is an initial leeway of 
30-days, the government can seek an indefinite amount of 90-day 
extensions. Where will the encroachments end?
  Through the passage of this legislation, we have done our country a 
great disservice. At this juncture, we could have sought true and 
meaningful reform that not only protected this great nation from 
terrorists but also from the improper intrusions that are inherent in 
this bill.
  Madam Speaker, I would like to again voice my opposition to the 
passage of S. 2271.

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