December 14, 2005
Dear Tom,
Knowing of your concerns over
provisions in the PATRIOT Act that
infringe on free speech and privacy
rights, I wanted to let you know that I
voted against H.R. 3199, legislation that
would make the PATRIOT Act permanent.
I understand how important it is to
protect the liberties that Americans
enjoy, even as we take precautions against
terrorism. H.R. 3199, the USA PATRIOT and
Terrorism Prevention Reauthorization Act,
did not find the necessary balance between
liberty and precaution. The bill makes 14
of 16 expiring provisions in the PATRIOT
Act permanent. Only two of the most
controversial provisions -library record
and "sneak and peek" searches - will
sunset in 2009. Congress deliberately
included sunset provisions in the PATRIOT
Act when it passed in response to the 9/11
terrorist attacks so the law could be
reviewed for abuses. At a minimum that
wise decision which would require periodic
review and oversight by Congress should
have been kept in the law. But more
importantly, Congress should have
exercised proper oversight and repealed
provisions which are not needed. You may
know that I have voted for amendments that
would have curtailed the more egregious
provisions such as "sneak and peek"
searches, searches of library records and
roving wiretaps.
While I supported passage of the
House bill earlier this year it was with
the hope that a House/Senate conference
committee would return a better bill that
would protect our freedoms even as it
provided an effective response to the
threat of terrorism. Unfortunately my
optimism was not rewarded. That is why I
voted for a motion to allow the conference
committee three more months to get the
bill right. But when that motion failed
on a party-line vote, I could not support
the underlying bill and voted no on final
passage of H.R. 3199.
I know you share my disappointment in
passage of a bill which does little to
protect us from terrorism but poses
serious threats to individual freedoms.
You may be assured that I will insist on
strong oversight by Congress of the
Justice Department's implementation of
this law and will continue support
moderation or repeal of those provisions
which infringe the rights and liberties of
all Americans.
Stay in touch,
/s
BART GORDON
Member of Congress