[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2304-2319]
[From the U.S. 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.

[[Page 2305]]


  Mr. LIEBERMAN. I thank the Chair, and I yield the floor.
  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

[[Page 2306]]

     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.
       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;

[[Page 2307]]

     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 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

[[Page 2308]]

     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.

                               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:

       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.

                             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.

[[Page 2309]]


  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 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.

[[Page 2310]]

``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 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?

[[Page 2311]]

  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 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.

[[Page 2312]]

  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.
  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.

[[Page 2313]]

       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 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

[[Page 2314]]

       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 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

[[Page 2315]]

     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.
       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,

[[Page 2316]]

     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 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

[[Page 2317]]

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;
       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

[[Page 2318]]

       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 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

[[Page 2319]]

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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