Issues
Civil Rights Patriot Act I recognize that
the post-September 11th world is a different world with different
technologies, different issues, and different threats. But
I believe that Americans must examine every step that is taken
by the federal government in response to the events of September
11th to be sure that we are not rewarding the Al Qaeda terrorists
by giving up American values - freedom, justice, and privacy.
As the Ranking Member of the Constitution, Civil Rights, &
Property Rights Subcommittee of the Senate Judiciary Committee,
I feel this responsibility acutely as I review proposed legislation
and exercise oversight over the U.S. Department of Justice.
View a Timeline
of Actions I have taken on the U.S.A. Patriot Act.
Read a Fact Sheet on
the U.S.A. Patriot Act.
The U.S.A. PATRIOT Act
I was the only Senator to vote against
the U.S.A.
PATRIOT Act. While it contained many provisions that I
supported, I voted against the bill because I was concerned
that several provisions failed to adequately respect constitutional
rights and protections. For more information about why I opposed
the PATRIOT Act, please read the statement
I made during the Senate debate.
Disturbingly, the Administration has already
begun to introduce even more proposals to unnecessarily expand
law enforcement powers. I have continued to be vigilant and
concerned about the unnecessary expansion of the Foreign Intelligence
Surveillance Act (FISA) and other government powers. I worked
to improve the so-called "lone wolf" bill, which
included a provision to eliminate the requirement in FISA
that surveillance or searches be carried out only against
persons suspected of being agents of foreign powers or terrorist
organizations. I was concerned about the implications of this
provision for civil liberties in this country. That is why,
in the 108th Congress, during the debate of this bill, I introduced
an important reporting requirement to enhance congressional
oversight. I was pleased my provision was included in the
final version of the lone wolf bill that passed the Senate
and was later included in the National
Intelligence Reform bill.
I strongly supported the Senate version
of the National Intelligence Reform bill because it implemented
many of the recommendations by the September 11 Commission
on improving our country's intelligence infrastructure and
capabilities. But, the final version of this bill included
language such as the lone wolf provision, which has nothing
to do with intelligence reform. I will continue to fight to
ensure that our efforts to improve our country's intelligence
and security do not hinder our cherished civil rights and
liberties.
Reauthorization
of the U.S.A PATRIOT Act: the Need for Oversight and Safeguards
Certain provisions of the PATRIOT Act werer
set to expire in December of 2005. Congress must ensure that
our country engages in the much-needed thorough debate and
discussion that never occurred prior to the Act's enactment.
I have deep reservations about certain provisions of the PATRIOT
Act, and, thus far, the Administration has not adequately
to Congress and the American people how it is using the PATRIOT
Act.
I strongly urge the Administration to be
honest and forthright with the American people as we enter
the debate on whether to renew the PATRIOT Act. Any renewal
of the PATRIOT Act must include safeguards to protect our
civil liberties and ensure the proper role of the courts as
a check on the executive branch. Our nation deserves a frank,
open discussion on the renewal of the PATRIOT Act.
In the 109th Congress, I have
proposed the following bills to fix certain provisions of
the PATRIOT Act:
The Library, Bookstore, and Personal
Records Privacy Act
In February 2005, I re-introduced the Library,
Bookseller, and Personal Records Privacy Act, S.317. My
bill would amend the PATRIOT Act to protect the privacy of
law-abiding Americans by limiting the federal government's
access to library, bookseller, medical, and other sensitive,
personal information under the Foreign Intelligence Surveillance
Act (FISA) and related foreign intelligence authorities. This
legislation would require the FBI to specify why it believes
that the person to whom the records pertain is a suspected
terrorist or spy. My bill would both allow the FBI to follow
up on legitimate leads while still protecting the privacy
of law-abiding Americans.
Reasonable Notice and Search
Act
In February 2005, I re-introduced
the Reasonable Notice and Search Act, S.316.
My bill would revise the PATRIOT Act authority to delay notice
of the execution of search warrants - the so-called "sneak
and peak" provision - to ensure that it is only used
when absolutely necessary. My bill also would require the
Attorney General of the United States to submit to Congress
every six months a report concerning all of the requests for
delayed notice warrants so that Congress can conduct adequate
oversight of this power.
Computer Trespass Clarification
Act
In February 2005, I re-introduced the Computer
Trespass Clarification Act, S.
318. My bill would limit the amount of warrantless surveillance
of authorized computer users allowed under the PATRIOT Act.
The provision that my bill amends was designed simply to permit
computer owners to seek the assistance of the government in
combating unauthorized hackers - and my bill would ensure
that the provision is used for that purpose only.
USA
Patriot Act
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