Mr. Speaker, last week the President made a number of comments about the need to extend and enhance the USA PATRIOT Act during his State of the Union speech. It is with that address to the Nation in mind, that I rise today to insert into…
Mr. Speaker, last week the President made a number of comments about the need to extend and enhance the USA PATRIOT Act during his State of the Union speech. It is with that address to the Nation in mind, that I rise today to insert into the Record a resolution passed by a local jurisdiction in my district. On November 11, 2003, the city of Alexandria, VA, passed a resolution which requests that Congress assess the impact of the USA PATRIOT Act and other Federal antiterrorism efforts. The resolution calls on Congress to repeal provisions of the act, other laws, regulations, policies, and practices that infringe on personal rights, liberties, and due process.
I support the community spirit and civic concern that led to the passage of this resolution. I agree with many of the points expressed in the resolution and have been troubled by the interpretation and implementation of a number of the PATRIOT Act's provisions. I look forward to these issues being revisited in the coming year. The American people deserve nothing short of a full and open debate on these issues so greatly affecting civil liberties and the role of government in peoples' personal lives.
Resolution No. 2088
Whereas, the Alexandria City Council is committed to
upholding the United States Constitution and its Bill of
Rights;
Whereas, the City of Alexandria has a long history of
working to obtain and preserve the civil rights and liberties
of its residents;
Whereas, the City has a diverse and multi-ethnic
population, and everyday embraces the richness of community
that includes immigrants, whose contributions to the City are
vital to its economy, culture and civic character;
Whereas, the City has among its residents many who were
affected directly and many more who were affected indirectly,
by the tragic events of September 11, 2001, both in New York
City and at the Pentagon, only a short distance from this
Chamber as well as in Somerset County, Pennsylvania;
Whereas, this nation's need to respond to those terrible
events, and to protect itself from future acts of terrorism,
does not diminish the commitment of the City or of its
residents, regardless of their personal circumstances, to the
Constitutional rights and liberties that are the precious
entitlement of all;
Whereas, the Alexandria City Council believes there is no
inherent conflict between national security and the
preservation of liberty--that Americans can be both safe and
free;
Whereas, the Alexandria City Council is proud of the
cooperative work among federal, state and local law
enforcement officials to protect the safety of Alexandrians;
Whereas, federal, state and local government actions
designed to protect the public from terrorist attacks, such
as those that occurred on September 11, 2001, must be taken
in a rational and deliberative fashion to ensure that any new
security measure intended to enhance public safety does not
impair constitutional rights or infringe on civil liberties;
Whereas, federal laws, regulations, policies, and practices
adopted since September 11, 2001, including provisions of
Public Law 107-56 (the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act or ``USA PATRIOT'' Act), and related
Executive Orders, regulations and actions:
(a) authorize the indefinite incarceration of non-citizens
to solitary confinement, based upon mere suspicion, without
being charged with any crime, without counsel, and without a
right to be heard;
(b) authorize the indefinite incarceration of citizens
designated by the President based unspecified standards as
``enemy combatants'' to solitary confinement, without being
charged with a crime, without counsel, and without a right to
be heard;
(c) limit the traditional authority of the federal courts
to curb law enforcement abuses including electronic
surveillance;
(d) limit judicial oversight of federal ``sneak and peek''
searches and eliminate timely notice to the person who is the
subject of the search that his or her property has been
searched;
(e) grant broad governmental access to personal medical,
financial, library, and educational records without judicial
oversight;
(f) inhibit free speech and free association by defining
any person or group as a terrorist, or an act as terrorism,
without articulating the basis for the characterization or
giving the person or group so characterized a right to be
heard;
(g) encourage local and state law enforcement personnel to
enforce federal immigration laws, and to use those laws as a
pretext
for detention of, and denial of due process to, persons who
are not reasonably suspected of criminal behavior;
(h) permit government surveillance of public meetings,
including religious services, Internet chat rooms, holiday
gatherings, and political rallies without judicial oversight;
Whereas, draft federal legislation, known as the Domestic
Security Enhancement Act (``DSEA'' or ``Patriot II''),
contains many new and sweeping provisions that further expand
government surveillance authority, increase government
secrecy, reduce governmental accountability, erode the
separation of powers essential for Constitutional checks and
balances, and diminish the right of all persons to the due
process of law guaranteed by the Constitution: Therefore, be
it
Resolved, That the Alexandria City Council:
1. Affirms its strong support for fundamental
constitutional rights and its opposition to federal measures
that infringe on civil liberties;
2. Affirms its strong support for the rights of immigrants
and opposes measures that single out individuals for legal
scrutiny or enforcement activity based solely on their
country of origin;
3. Directs the Police Department of the City of Alexandria
to ensure that it protects the constitutional rights of
Alexandria residents, that it maintains a relationship of
trust with those it is sworn to serve and protect, and that
it continues to abide by the Alexandria Police Department
directives that prohibit racial profiling or collecting
information not reasonably related to suspicion of criminal
behavior;
4. Directs public libraries in the City to promote
unfettered access to information, which is the collective
heritage of humanity and which is a fundamental human right,
and to protect freedom of inquiry, universally recognized as
a driving force for the progression of civilization itself,
by:
(a) posting this notice to library users ``WARNING: Under
Section 215 of the Federal ``USA PATRIOT'' Act (Public Law
107-56), records of the books and other materials you borrow
may be obtained by federal agents. That federal law prohibits
librarians from informing you if records about you have been
requested or obtained by federal agents. Questions about this
policy should be directed to: Attorney General John Ashcroft,
U.S. Department of Justice, Washington, DC 20530,''
(b) ensuring there is regular destruction of records that
identify a book borrower after the book is returned, or that
identify the name of an Internet user after use;
5. Recommends that local businesses and institutions in the
City, and in particular booksellers, notify consumers that
purchase records are subject to disclosure to federal law
enforcement agencies;
6. Directs the City Manager to ensure that, to the extent
legally possible, no City resources--including law
enforcement funds and educational administrative resources--
may be used for unconstitutional activities, including but
not limited to monitoring the exercise by political and
religious groups of their First Amendment rights of
expression, association, assembly or petition, or obtaining
library, bookstore or website activity records without proper
authorization and without notice to the subjects of the
records;
7. Directs the Clerk of Council to:
(a) send a copy of this Resolution to Governor Warner with
a letter urging him to ensure that state anti-terrorism laws
and policies be implemented in a manner that does not
infringe on personal rights, liberties and due process; and
(b) send a copy of this Resolution to Senators Warner and
Allen, and Congressman Moran, accompanied by a letter asking
that the resolution be read into the record, on the floor,
and urging Congress to assess the impact of the ``USA
PATRIOT'' Act and federal anti-terrorism efforts; to work to
repeal provisions of the ``USA PATRIOT'' Act and other laws,
regulations, policies and practices that infringe on personal
rights, liberties and due process; and to ensure that no
provision of the ``USA PATRIOT'' Act originally intended to
expire remains in effect past its sunset date; and be it
further
Resolved, That the provisions of this Resolution shall be
severable, and that if any phrase, clause, sentence, or
provision of this Resolution is declared by a court of
competent jurisdiction to be contrary to the Constitutions of
the United States or of the Commonwealth of Virginia, the
validity of the remainder of this Resolution shall not be
affected thereby.