USA Patriot Terrorism Prevention Reauthorization Act of 2005--Conference Report--Resumed Part II
USA PATRIOT TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005--CONFERENCE REPORT--Resumed -Part II
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Mr. FEINGOLD. Mr. President, we pass a lot of laws in this body, but most of them don't get any public attention. Not so with the PATRIOT Act. Few pieces of legislation have the kind of public understanding and recognition the PATRIOT Act does. The PATRIOT Act has become a rallying cry for those concerned about Government overreaching, grabbing for more power than it needs, using a time of crisis to justify changes in the law it otherwise could not hope to see made.
People all over the country want us to take a step back, to reconsider, to fix the PATRIOT Act. Perhaps the strongest evidence of this is that in the past 4 years, more than 400 State and local governments have passed resolutions opposing or objecting to various aspects of the PATRIOT Act. Eight of those government bodies are State legislatures that have already passed resolutions opposing the PATRIOT Act.
In April 2003, Hawaii was the first State to adopt a statewide resolution. The next month, in May 2003, Alaska and Vermont passed resolutions. Over the course of 2004 and 2005, we saw three more resolutions in Colorado, Montana, and Maine. Finally, Idaho passed a resolution specifically to support the SAFE Act's amendments to the PATRIOT Act, and recently, on February 16, California passed a resolution on the PATRIOT Act.
I will read these resolutions. There are eight such resolutions, Alaska being the first.
A resolution:
Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and security of the citizens of our country.
Be it resolved by the Legislature of the State of Alaska:
WHEREAS the State of Alaska recognizes the Constitution of the United States as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS each of Alaska's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Alaska; and
WHEREAS the State of Alaska denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS attacks against Americans such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect the public from terrorist attacks; and
WHEREAS any new security measures of federal, state, and local government should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the State of Alaska and the nation; and
WHEREAS certain provisions of the ``Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001'', also known as the USA PATRIOT Act, allow the federal government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions;
BE IT RESOLVED that the Alaska State Legislature supports the government of the United States of America in its campaign against terrorism, and affirms its commitment that the campaign not be waged at the expense of essential rights and liberties of citizens in this country contained in the United States Constitution and the Bill of Rights; and be it
FURTHER RESOLVED that it is the policy of the State of Alaska to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and be it
FURTHER RESOLVED that, in accordance with Alaska state policy, an agency or instrumentality of the State of Alaska, in the absence of reasonable suspicion of criminal activity under Alaska State law, may not
(1) initiate, participate in, or assist or cooperate with an inquiry, investigation, surveillance, or detention;
(2) record, file, or share intelligence information concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if-- even if-- authorized under the USA PATRIOT Act;
(3) retain such intelligence information; the state Attorney General shall review the intelligence information currently held by the state for its legality and appropriateness under the United States and Alaska Constitutions and permanently dispose of it if there is no reasonable suspicion of criminal activity; and be it
FURTHER RESOLVED that an agency or instrumentality of the state may not,
(1) use state resources or institutions for the enforcement of federal immigration matters, which are the responsibility of the federal government;
(2) collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;
(3) engage in racial profiling; law enforcement agencies may not use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities except when seeking to apprehend a suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect; and be it
FURTHER RESOLVED that the Alaska State Legislature implores the United States Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on civil liberties, and opposes any pending and future federal legislation to the extent it infringes on Americans' civil rights and liberties.
Copies of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable Frank Murkowski, Governor of Alaska; and to the Honorable Ted Stevens, and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
That is the Alaska resolution.
California Senate Joint Resolution No. 10--Relative to the USA PATRIOT Act. Approved by the California Senate, introduced by Senator Figueroa.
WHEREAS, The State of California recognizes the Constitution of the United States of America as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including freedoms of religion, speech, and privacy; and
WHEREAS, The State of California has a distinguished history of safeguarding the freedoms of its residents; and
WHEREAS, Each of California's duly elected public servants are sworn to defend and uphold the United States Constitution and the Constitution of the State of California; and
WHEREAS, The State of California denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS, Any new security measures of Federal, State, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent persons in the State of California and the Nation; and
WHEREAS, Certain provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, also known as the USA PATRIOT Act, allow the government greater authority to detain and investigate persons and to engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our Federal and State Constitutions, including rights of due process, the right to privacy, the right to counsel, protection against unreasonable searches and seizures, and basic First Amendment freedoms; and
WHEREAS, The people of California are concerned that many provisions of the USA PATRIOT Act pose significant threats to constitutional protections; now, therefore, be it
Resolved by the Senate and Assembly of the State of California jointly, That the State of California supports appropriate and effective measures by the Government of the United States of America and the State of California to combat terrorism and affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the United States Constitution and the Bill of Rights; and be it further
Resolved, That the State of California also urges its congressional delegation to work to repeal any provisions of the USA PATRIOT Act that limit or impinge on rights and liberties protected equally by the United States Constitution and the California Constitution and to oppose any pending and future Federal legislation to the extent that it would infringe on Americans' civil rights and liberties; and be it further
Resolved, that the State of California will ensure that no State resources be provided for any action that would violate the United States Constitution or the Constitution of the State of California, including but not limited to, all of the following:
(1) Collecting or maintaining information about the political, religious, or social views, associations, or activities of any individual group, association, organization, corporation, business or partnership, unless the information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct.
(2) Recording, filing, or sharing intelligence information concerning a person or organization, including library lending and research records, book and video sales and rental records, medical records, financial records, student records and other personal data, even if authorized under the USA PATRIOT Act.
(3) Demanding nonconsensual releases of student and faculty records from public schools and institutions of higher learning.
(4) Eavesdropping on confidential communications between lawyers and their clients.
(5) Engaging in racial profiling that enables law enforcement agencies to use race, religion, ethnicity or national origin as factors in selecting individuals to be subject to investigational activities, except when seeking to apprehend a specific suspect whose race, religion, ethnicity or national origin is part of the description of the suspect; and be it further
Resolved, That the Secretary of State shall transmit copies of this resolution to the President and the Vice President of the United States and the Speaker of the House of Representatives, to the majority leader of the Senate, and to each Senator and Representative from California in the Congress, the Attorney General of the United States, and to all Federal and State law enforcement agencies.
Mr. President, that is the second resolution. The third one is from Colorado. Senate Joint Resolution 05-044 concerning the State's commitment to Uphold Constitutional Rights in the Fight Against Terrorism, approved by the Colorado General Assembly.
WHEREAS, The State of Colorado is committed to upholding the fundamental and inalienable rights, including the freedoms of religion, speech, assembly and privacy, that are enshrined in the Constitutions of the United States and the State of Colorado; and
WHEREAS, Colorado's elected public servants have sworn to defend and uphold the Federal and State Constitution; and
WHEREAS, The State of Colorado denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS, The attacks that occurred on September 11, 2001, and the continuing threat of terrorism underscore the need for strong and effective laws and policy to protect the American public; and
WHEREAS, The security measures taken by Federal, State, and local governments should be carefully designed and applied to enhance public safety without infringing on the civil liberties and rights of innocent people in the State of Colorado and throughout the Nation; and
WHEREAS, Certain provisions of the Federal ``Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act'', also known as the ``USA PATRIOT Act'', expand the power of the Federal Government to detain and investigate people in the United States and to engage in surveillance activities that may be inconsistent with the rights and liberties guaranteed by the State and Federal constitutions; now, therefore,
Be it Resolved by the Senate of the Sixty-fifth General Assembly of the State of Colorado, the House of Representatives concurring herein:
(1) That the General Assembly supports the Government of the United States in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of the essential civil rights and liberties enshrined in the Constitution of the United States and the State of Colorado;
(2) That it is the policy of the State of Colorado to oppose any provision or application of the USA PATRIOT Act that would violate the rights and liberties guaranteed by the State and Federal Constitutions;
(3) That, in accordance with the policy of this State, no agency or instrumentality of the State should, without reasonable suspicion of criminal activity under Colorado law:
(A) Initiate, participate in, assist, or cooperate with any inquiry, investigation, surveillance, or detention; (b) Record, file, or share intelligence information concerning any person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, Internet mail and usage records, and other personal data, even if authorized under the USA PATRIOT Act; or (c), Retain such intelligence information.
(4) That no agency or instrumentality of the State should: (A) collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, organization or business entity, unless the information indirectly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject of the information is involved in criminal conduct; or (b) Use race, religion, ethnicity or national origin as factors in selecting individuals to subject to investigatory activities, except with respect to a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect.
(5) The General Assembly urges the United States Congress to amend provisions of the USA PATRIOT Act and other measures that infringe on civil rights and liberties and imposes the enactment of future Federal legislation that infringes on civil rights and liberties.
Be It Further Resolved, That copies of this joint resolution be sent to the Honorable George W. Bush, President of the United States; the Honorable Alberto Gonzalez, Attorney General of the United States; the Honorable Bill Owens, Governor of Colorado; and the members of Colorado's congressional delegation.
Now we go to Hawaii's resolution, the first one to pass. Senate Concurrent Resolution Reaffirming the State of Hawaii's Commitment to Civil Liberties and the Bill of Rights Approved by the Hawaii State legislature.
WHEREAS The Hawaii State legislature is committed to upholding the United States Constitution and its Bill of Rights and the Hawaii State Constitution and its Bill of Rights (Article I, Sections 1 through 22); and
WHEREAS The State of Hawaii has a distinguished history of safeguarding the freedoms of its residents; and
WHEREAS The State of Hawaii is comprised of a diverse and multi-ethnic population, and has experienced firsthand the value of immigration to the American way of life; and
WHEREAS The residents of Hawaii during World War II experienced firsthand the dangers of unbalanced pursuit of security without appropriate checks and balances for the protection of basic liberties; and
WHEREAS The recent adoption of the USA PATRIOT Act and several executive orders may unconstitutionally authorize the Federal Government to infringe upon fundamental liberties in violation of due process, the right to privacy, the right to counsel, protection against unreasonable searches and seizures, and basic first amendment freedoms, all of which are guaranteed by the constitutions of Hawaii and the United States; and
WHEREAS The citizens of Hawaii are concerned that the actions of the Attorney General of the United States and the United States Justice Department are significant threats to constitutional protections; now, therefore,
Be It Resolved by the Senate of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the State of Hawaii urges its congressional delegation to work to repeal any sections of the PATRIOT Act or recent executive orders that limit or violate fundamental rights and liberties protected by the constitutions of Hawaii and the United States; and
Be It Further Resolved that to the extent legally possible, no State resources--including law enforcement funds and educational administrative resources--may be used for unconstitutional activities, including but not limited to the following under the USA PATRIOT Act:
(1) Monitoring political and religious gatherings exercising their First Amendment Rights;
(2) Obtaining library records, bookstore records, and Web site activities without proper authorization and without notification;
(3) Issuing subpoenas through the United States Attorney's Office without a court's approval or knowledge;
(4) Requesting nonconsensual releases of student and faculty records from public schools and institutions of higher learning; and
(5) Eavesdropping on confidential communications between lawyers and their clients.
Be It Further Resolved that certified copies of this concurrent resolution be transmitted to Hawaii's delegation in the United States Congress.
Now Idaho.
Stating findings of the Legislature concerning adoption of the SAFE Act to limit certain provisions of the PATRIOT Act in order to protect liberties of citizens of the United States and urging the congressional delegation representing the State of Idaho in the Congress of the United States to support the SAFE Act: House Joint Memorial No. 7, approved by the Idaho State legislature.
We, memorialists, the House of Representatives and the Senate in the State of Idaho assembled in the First Regular Session of the Fifty-eighth Idaho Legislature, do hereby respectfully represent that:
WHEREAS, as citizens of the State of Idaho strongly believe that basic civil liberties must be preserved and protected, even as we seek to guard against terrorists and other threats to national security; and
WHEREAS, there are some principles of our democracy which are so fundamental to the rights of citizenship that they must be preserved to guard the very liberties we seek to protect; and
WHEREAS, legislation known as the SAFE Act has been introduced in the Congress of the United States to adopt amendments to the PATRIOT Act which would address some of the most problematic provisions of that act; and
WHEREAS, the SAFE Act amends the PATRIOT Act to modify the provisions regarding the roving wiretaps to require that the identity of the target be given and that the suspect be present during the time when surveillance is conducted; and
WHEREAS, the SAFE Act revises provisions governing search warrants to limit the circumstances when the delay of notice may be exercised and to require reports to the Congress when delays of notice are used; and
WHEREAS, the SAFE Act requires specific and articulable facts to be given before business records are subject to investigation by the Federal Bureau of Investigation; and
WHEREAS, the SAFE Act provides that libraries shall not be treated as communication providers subject to providing information and transaction records of library patrons; and
WHEREAS, it is appropriate that the legislature of the State of Idaho, on behalf of the citizens of Idaho, express support of the efforts of Senator Larry Craig to adopt the SAFE Act, and encourage full support of the Idaho congressional delegation.
Now, therefore, be it resolved by members of the First Regular Session of the Fifty-eighth Idaho Legislature, the House of Representatives and the Senate concurring therein, that the Idaho legislature endorses the efforts to amend the PATRIOT Act to ensure that it works well to protect our security, but that it does not unnecessarily compromise essential liberties of the citizens of the United States. We urge the congressional delegation representing the State of Idaho in the Congress of the United States to support legislation introduced by Senator Larry Craig, known as the SAFE Act.
Mr. President, the Maine Resolution, Joint Resolution Memorializing the President of the United States and the Congress of the United States to Ensure the Protection of Civil Liberties and the Security of the United States Approved by the Maine State Legislature.
We, your Memorialists, the Members of the One Hundred and Twenty-first legislature of the State of Maine now assembled in the Second Special Session, most respectfully present the petition of the President of the United States and the United States Congress, as follows.
WHEREAS, the State of Maine recognizes that the Constitution of the United States is our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Maine's duly elected public servants have sworn to uphold and defend the Constitution of the United States and the Constitution of Maine; and
WHEREAS, the State of Maine denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS, attacks against Americans such as those that occurred on September 11, 2001 have necessitated the crafting of effective laws to protect the public from terrorist attacks; and
WHEREAS, any new security measures of Federal, State, and local governments should be carefully designed and employed to enhance public safety, without infringing on the civil liberties and the rights of any citizens in the State of Maine and the Nation; and
WHEREAS, matters relating to immigration are primarily Federal in nature; and
WHEREAS, certain provisions of the ``Uniting and Strengthening America by Providing Appropriate Tools to Intercept and Obstruct Terrorism Act of 2001,'' commonly referred to as the USA PATRIOT Act, allow the Federal Government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our State and Federal Constitutions; now therefore,
Be It Resolved: That we, Your Memorialists, on behalf of the people we represent, take this opportunity to inform the President of the United States and the United States Congress that the Maine State Legislature supports the government of the United States of America in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the Constitution of the United States and the Bill of Rights; and be it further
Resolved: That the Maine State Legislature urges that the Federal Government to continue to exercise its jurisdiction over immigration matters and encourages the Federal Government to work cooperatively with the States to provide assistance and training to protect our country; and be it further
Resolved: That laws passed by the United States Congress to specifically combat the threat of international terrorism should not be used in conducting domestic law enforcement; and be it further
Resolved: That the Maine State legislature implores the United States Congress to review the provisions in the USA PATRIOT Act and other measures that may infringe on civil liberties and ensure any pending and future Federal liberties.
AND BE IT FURTHER RESOLVED: That the Legislature calls upon our United States Representatives and Senators to monitor the implementation of the USA PATRIOT Act and related federal actions and, if necessary, repeal those sections of the USA PATRIOT Act and related federal measures that may infringe upon fundamental rights and liberties as recognized in the United States Constitution and its amendments; and be it further resolved that official copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable George W. Bush, President of the United States, the Honorable John Ashcroft, Attorney General of the United States; the Honorable John E. Baldacci, Governor or the State of Maine; Richard Cheney, President of the United States Senate; Dennis Hastert, Speaker of the United States House of Representatives; and each member of the Maine Congressional Delegation.
Mr. President, Montana:
A Joint Resolution of the Senate and the House of Representatives of the State of Montana supporting the Montana Constitution, the United States Constitution, and the Bill of Rights; encouraging various actions in support of fighting terrorism and protecting civil rights and civil liberties; requesting the Attorney General of Montana to compile and disseminate relevant information regarding actions taken by the Federal Government under the USA PATRIOT Act; and encouraging Montana's congressional delegation to support and ensure the civil rights of all Montanans and citizens of the United States, which includes allowing the USA PATRIOT Act to expire.
WHEREAS, the citizens of Montana recognize the Constitution of the United States as our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, each of Montana's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Montana; and
WHEREAS, the citizens of Montana denounce and condemn all acts of terrorism by any entity, wherever the acts occur; and
WHEREAS, terrorist attacks against Americans, such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect citizens of the United States and others from terrorist attacks; and
WHEREAS, any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of Montana and the United States; and
WHEREAS, certain provisions of the ``Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001'', also known as the USA PATRIOT Act, allow the federal government to more liberally detain and investigate citizens and to engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions.
Now, therefore, be it resolved by the Senate and the House of Representatives of the State of Montana:
That the 59th Montana Legislature supports the government of the United States in its campaign against terrorism and affirms the commitment of the United States that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country that are protected in the United States Constitution and the Bill of Rights.
BE IT FURTHER RESOLVED, that it is the policy of the citizens of Montana to oppose any portion of the USA PATRIOT Act that violates the rights and liberties guaranteed under the Montana Constitution or the United States Constitution, including the Bill of Rights.
BE IT FURTHER RESOLVED, that in accordance with Montana state policy, in the absence of reasonable suspicion of criminal activity under Montana law, the 59th Montana Legislature exhorts agents and instrumentalities of this state to not:
(1) initiate or participate in or assist or cooperate with an inquiry, investigation, surveillance, or detention under the USA PATRIOT Act if the action violates constitutionally guaranteed civil rights or civil liberties;
(2) record, file, or share intelligence information concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA PATRIOT Act, if the action violates constitutionally guaranteed civil rights or civil liberties; or
(3) retain any of the intelligence information described in subsections (1) and (2) of this clause if the information violates constitutionally guaranteed civil rights or civil liberties.
BE IT FURTHER RESOLVED, that the Attorney General of Montana is encouraged to review intelligence information currently held by the state, assess the legality and appropriateness of holding the information under the United States Constitution and Montana Constitution, and permanently dispose of all such information to which there is not attached a reasonable suspicion of criminal activity.
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 anti_ter_ror_ism 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 anti_ter_ror_ism efforts on the residents of Montana.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature desires that all public libraries adopt policies that ensure the regular destruction of records, when the records are no longer needed, that may be used to identify the name of a book borrower or the name of any Internet user.
BE IT FURTHER RESOLVED, that in order to protect intellectual privacy rights, the 59th Montana Legislature advises all persons in local businesses and institutions, particularly booksellers, to refrain whenever possible from keeping records that can be used to identify the name of any purchaser and to regularly destroy sales records maintained by the business or institution.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature urges the Montana delegation in the United States Congress to:
(1) correct provisions in the USA PATRIOT Act and other administrative measures that infringe on civil liberties by supporting the sunset provisions of the USA PATRIOT Act, slated to be reviewed by Congress in 2005, and ultimately allow the USA PATRIOT Act to expire; and
(2) support passage of the Security and Freedom Ensured Act of 2003 and the End Racial Profiling Act of 2004.
BE IT FURTHER RESOLVED, that the 59th Montana Legislature urges the Montana Congressional Delegation to vigorously oppose any pending and all future federal legislation if the legislation infringes on the civil rights and civil liberties of American citizens. Federal legislation that the Montana Congressional Delegation is encouraged to oppose includes but is not limited to the Domestic Security Enhancement Act of 2003, also known as Patriot Act II.
BE IT FURTHER RESOLVED, that the Secretary of State send a copy of this resolution to President George W. Bush, the Attorney General of the United States, Governor Brian Schweitzer, Senator Max Baucus, Senator Conrad Burns, and Representative Dennis Rehberg.
Mr. President, now we turn to Vermont.
Joint resolution strongly urging the President to revise executive orders and policies, and for Congress to amend provisions of the U.S.A. Patriot Act, which seriously erode fundamental civil liberties.
Approved by: Vermont State Senate.
WHEREAS, on September 11, 2001, for the first time since the War of 1812, the continental United States was subjected to an attack from abroad when terrorists commandeered four commercial airliners and destroyed the World Trade Center in New York City and caused significant damage to the Pentagon, and
WHEREAS, in response to these tragic and devastating events, which cost nearly 3,000 innocent American lives, Congress adopted the U.S.A. Patriot Act (Public Law 107-56) which is intended to enable the federal government to act more authoritatively in preventing future attacks, and
WHEREAS, while the prevention of future terrorist attacks is a critical national priority, it is equally important to preserve the fundamental civil liberties and personal freedoms which were enshrined in the Bill of Rights over 200 years ago, and which have been preserved through a constant vigilance and outcry against periodic threats to their existence, and
WHEREAS, while sunset review dates were attached to certain provisions, the final bill remains, perhaps, the most severe legislative attack on civil liberties since the passage of the Alien and Sedition Acts in the 1790s, and
WHEREAS, under the auspices of both the U.S.A. Patriot Act and related executive orders, persons from the Middle East and South Asia have been unjustly targeted for interrogation and possible deportation, and
WHEREAS, the ability of the Central Intelligence Agency to engage in domestic spying activities, with tragic repercussions, fortunately halted in the 1970s, but is now being revived pursuant to sections 223 and 901 of the Act, and
WHEREAS, section 213 greatly lowers the threshold required for a court to issue a search warrant, and
WHEREAS, section 216 nearly eliminates judicial supervision of telephone and internet surveillance, and
WHEREAS, section 411 gives the U.S. Attorney General extraordinarily broad authority to designate domestic groups as ``terrorist organizations,'' and
WHEREAS, both sections 411 and 412 subject noncitizens to indefinite detention or deportation even if they have not committed a crime, and
WHEREAS, several sections of the bill, including 215, 218, 358, and 508, permit law enforcement authorities to have broad access to sensitive mental health, library, business, financial, and educational records despite the existence of previously adopted state and federal laws which were intended to strengthen the protection of these types of records, and
WHEREAS, there has been an especially strong outcry in Vermont against the ability of federal authorities, under section 215 of the Act, to obtain judicially-issued warrants for library or bookstore patron records based on minimal information, and the accompanying prohibition on librarians and bookstore personnel from revealing any information regarding the request, and
WHEREAS, this provision runs directly counter to the intent of the Vermont General Assembly to protect the privacy of a library patron's records as codified in Title 3 §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 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
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.
http://thomas.loc.gov/