U.S. Senator Russ Feingold
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Senator Feingold On The USA Patriot Act

The post-September 11 2001, world is one with different threats and concerns. Our law enforcement and intelligence agencies face difficult challenges. But Congress must ensure that we do not give up the essential American values of freedom, justice, and privacy in the fight against terrorism.

As you may know, I was the only Senator to vote against the USA Patriot Act in October 2001, and I have repeatedly questioned the Administration's resistance to legitimate congressional oversight of its implementation of the law. I will continue to fight for modifications and improvements to the Patriot Act to better protect our rights and freedoms.

Below is a timeline chronicling my efforts regarding the USA Patriot Act.

March 21, 2007 - Senator Feingold's prepared remarks for a Senate Judiciary Committee hearing on the misuse of Patriot Act powers. Congress essentially granted the FBI a blank check to obtain some very sensitive records about Americans, including people not under any suspicion of wrong-doing, without judicial approval.

March 9, 2007 - Statement of U.S. Senator Russ Feingold on the Department of Justice Inspector General report on the USA PATRIOT Act. "This report proves that 'trust us' doesn't cut it when it comes to the government’s power to obtain Americans' sensitive business records without a court order and without any suspicion that they are tied to terrorism or espionage."

March 2, 2006 - Senator Feingold speaks out in opposition to final passage of the Patriot Act reauthorization conference report because it does not contain sufficiently strong civil liberties protections. Feingold is one of ten Senators to vote against the conference report. "We had a real chance to pass a bill that would both reauthorize the tools to prevent terrorism and fix the provisions that threaten the rights and freedoms of innocent Americans. This conference report, even as amended by the bill incorporating the White House deal that we passed yesterday, falls well short of that goal."

March 1, 2006 - Senator Feingold speaks from the Senate floor on his opposition to ending debate on the Patriot Act. In an attempt to delay final passage of the flawed deal, Senator Feingold reads the United States Constitution and resolutions expressing concerns about the Patriot Act that have passed in eight different states. "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." Feingold is one of four Senators to vote against S. 2271, which makes minor changes to the conference report, and one of fourteen Senators to vote to continue debate on the Patriot Act conference report.

February 28, 2006 - From the floor of the U.S. Senate, Senator Feingold speaks against the recent Patriot Act agreement and urges his colleagues to vote against ending debate, both because he has not been permitted to offer amendments and because the underlying deal is flawed. "We should not end debate on this bill, and we should not pass this bill. Doing so will only help implement the deeply flawed deal that was struck with the White House to reauthorize the Patriot Act without enacting the core civil liberties protections for which so many of us have fought." The Senate votes to end debate on S.2271, a bill that makes a few minor changes to the conference report to implement the flawed deal with the White House, by a vote of 69-30.

February 16, 2006 - Senator Feingold speaks once again from the Senate Floor on his opposition to the recent Patriot Act agreement. He also tries to offer amendments to improve the agreement but is prevented from doing so because of a procedural maneuver by the majority leader. "I oppose the sham legislative process that the Senate is facing here. And I oppose the flawed deal we are being asked to ratify." Senator Feingold is one of only three Senators who votes against ending debate on the motion to proceed to legislation to implement the deal.

February 15, 2006 - Senator Feingold spends the day on the Senate Floor ensuring that the flawed deal to reauthorize the Patriot Act without adequate civil liberties protections does not get through the Senate quickly. Feingold states that the changes made in the deal are merely "a fig leaf to allow those who were fighting hard to improve the Act to now step down, claim victory, and move on."

February 9, 2006 - Senator Feingold speaks out against a deal reached on the Patriot Act between the White House and Senate Republicans. "The few minor changes that the White House agreed to do not address the major problems with the Patriot Act that a bipartisan coalition has been trying to fix for the past several years." Feingold vows to oppose any reauthorization of the Patriot Act that does not include adequate protections for the rights of innocent Americans.

February 3, 2006 - Senator Feingold votes against a five-week extension of the Patriot Act. "I will strongly oppose, any deal to reauthorize the Patriot Act that does not protect the rights and freedoms of law-abiding Americans."

January 6, 2006 - Senator Feingold joins a bipartisan group of senators in sending a letter to Senator Arlen Specter (R-PA), Chairman of the Senate Judiciary Committee, urging improvements to the PATRIOT Act reauthorization conference report. “We still firmly believe that modest but critical changes can and must be made to the conference report to address the needs of law enforcement and protect the civil liberties of law-abiding Americans.”

December 22, 2005 - The House of Representatives passes a five week extension of the USA Patriot as opposed to the six month extension passed by the Senate on December 21. Senator Feingold supports a five week extension but warns critics that a shorter extension will not make it easier to pass an unrevised bill through Congress. Feingold calls the defeated conference report “dead and cannot be revived.”

December 21, 2005 - Senator Feingold commends the United States Senate for negotiating a six month extension in order to improve the reauthorization of the USA Patriot Act. The extension requires the Senate to take up the reauthorization of the Patriot Act within six months and allows the Senate more time to come up with a bill that both fights terrorism while protecting the rights and freedoms of law-abiding Americans.

December 16, 2005 - The Senate votes to continue debate on reauthorization of the Patriot Act. From the Senate floor, Senator Feingold speaks out against the conference report. Senator Feingold, along with a growing bipartisan group of Senators, wants to strengthen civil liberties protections in the Patriot Act as part of the reauthorization process. "This is not a partisan issue. This is an American issue and a constitutional issue. Now is the time to come together to give the government the tools it needs to fight terrorism and protect the rights and freedoms of innocent citizens."

December 14, 2005 - Senator Feingold speaks at length from the Senate floor and vows not to support the conference report on the Patriot Act reauthorization bill, which failed to adopt modest but critical safeguards contained in the Senate version of the bill.

December 8, 2005 - Senator Feingold and a bipartisan group of Senators criticize the final Patriot Act conference report. The bill failed to make several of the modest but significant changes that the Senators suggested. The Senators pledge to oppose the legislation in its current form.

November 18, 2005 - Senator Feingold hails the congressional leadership's decision not to move forward with a flawed Patriot Act reauthorization conference report over the pre-holiday weekend, and urges conferees to make further changes to address the concerns raised by a bipartisan group of Senators.

November 16, 2005 - In response to a disappointing draft reauthorization conference report, Senator Feingold joins the SAFE Act original cosponsors in urging the conference committee to include additional safeguards in the final conference report. The Senators also explain that without additional changes, they will work to prevent the conference report from becoming law.

November 11, 2005 - Senator Feingold joins a bipartisan group of Senators in asking the Justice Department Inspector General to conduct a comprehensive investigation of the use of the Patriot Act and asking the Attorney General to declassify the number of National Security Letters issued in recent years.

November 9, 2005 - Senator Feingold and Senator John Sununu (R- NH) publish an op-ed in the Boston Globe announcing that they will make every effort - and, if necessary, use procedural options at their disposal - to oppose a final reauthorization bill that strips out the meaningful changes to the Patriot Act made by the Senate bill.

October 25, 2005 - Senator Feingold, Senator Sununu (R-NH), and other Senators hold a press conference urging the conference committee to protect the civil liberties of all Americans by retaining the meaningful changes to the Patriot Act made in the Senate bill. 

October 18, 2005 - Senator Feingold joins several colleagues in a letter to the Senate Patriot Act conferees urging support for the Senate version of the USA Patriot Act reauthorization bill.

July 29, 2005 - Senator Feingold speaks from the Senate Floor in favor of S. 1389, the USA Patriot Act Improvement and Reauthorization Act.

July 27, 2005 - Senator Feingold questions FBI Director Robert Mueller at a Senate Judiciary Committee oversight hearing about FBI investigative powers, and seeks to ensure they are not used to intercept the telephone and computer records of innocent people.

July 22, 2005 - Senator Feingold opposes the House of Representative's version of the Patriot Act reauthorization, saying that "the end result is still a far cry from what Congress owes the American people - meaningful changes to the Patriot Act that will protect innocent people from government surveillance."

July 21, 2005 - The Senate Judiciary Committee unanimously approves S.1389, the USA Patriot Act Improvement and Reauthorization Act. Senator Feingold supports the bill because it contains meaningful changes to fix the most controversial provisions of the Patriot Act.

July 18, 2005 - Senator Feingold sends a letter to the Attorney General requesting additional information regarding the Justice Department's use of the USA Patriot Act in cases that had recently been cited by the President in a speech.

June 20, 2005 - In response to a report by the American Library Association that federal, state and local investigators have obtained library records nearly 200 times since 2001, Senator Feingold continues to press the Administration for information regarding Section 215 of the Patriot Act. "We need answers to basic questions about how the Administration has used the Patriot Act. The Administration's continued attempts to dodge congressional oversight are a disservice to our constitutional system."

May 26, 2005 - Senator Feingold criticizes the Senate Intelligence committee's decision to hold a closed-door review of the USA Patriot Act, despite the request of several Senators for an open meeting. "These important issues deserve sunlight and public dialogue, not closed doors and secret meetings," states Senator Feingold.

May 10, 2005 - Senator Feingold participates in a Senate Judiciary Committee oversight hearing on the Patriot Act, and questions witnesses about provisions related to roving wiretaps and administrative subpoenas.

May 7, 2005 - Senator Feingold delivers a keynote address on the USA Patriot Act at the ACLU of Florida's 40th Anniversary dinner.

April 20, 2005 - Senator Feingold attends a Senate Judiciary Committee hearing on material support to terrorism, noting that the provision in the USA Patriot Act related to this issue was struck down as unconstitutional. Senator Feingold urges his colleagues to work together to address the problems with this statute, instead of attempting to expand it further.

April 5, 2005 - Feingold joins fellow Senators Larry Craig (R-ID), Dick Durbin (D-Il), John Sununu (R-NH), Lisa Murkowski (R-AK), and Ken Salazar (D-CO) in reintroducing the Security and Freedom Ensured (SAFE) Act. The SAFE Act would restrict certain secret searches, and impose reasonable limits on the government's ability to obtain personal records.

April 5, 2005 - During a Senate Judiciary Committee hearing on the USA Patriot Act, Attorney General Alberto Gonzales for the first time acknowledges flaws in the USA Patriot Act. "I hope we can have the productive and honest dialogue on the controversial provisions of the Patriot Act that has been missing for so long," states Senator Feingold. 

March 28, 2005 - Senator Feingold sends a letter to the President's Assistant on Homeland Security asking her to clarify her statement that the Patriot Act doesn't mention library records. He notes that her remarks are extremely misleading; the Patriot Act does not mention library records explicitly, but only because the provision covers all business records, including library records, medical records, bookseller records, and many other types of records.

March 15, 2005 - Senator Feingold accepts the Henry W. Edgerton Civil Liberties Award from the ACLU of the National Capital Region for his lone vote against the USA Patriot Act.

February 8, 2005 - Senator Feingold reintroduces the Library, Bookseller and Personal Records Privacy Act, the Reasonable Notice and Search Act, and the Computer Trespass Clarification Act. Each of these bills would fix portions of the USA Patriot Act that Feingold criticized before he voted against the bill in October 2001.

January 6, 2005 - During the Senate Judiciary Committee hearing on the nomination of Judge Alberto Gonzales to be Attorney General of the United States, Senator Feingold seeks clarification from the nominee regarding statements he made about Section 215 of the USA Patriot Act.

December 8, 2004 - Senator Feingold votes in favor of the conference report for the National Intelligence Reform Act, but delivers a statement on the floor outlining his concerns with certain provisions of the bill.

September 22, 2004 - Senator Feingold speaks at the Judiciary Committee hearing on the SAFE Act. Feingold calls for a full and honest debate about the controversial provisions in the USA Patriot Act. "The SAFE Act would add sensible safeguards to protect the privacy and civil liberties of Americans who have no connection to terrorism," states Senator Feingold.

September 9, 2004 - Senator Feingold introduces the Computer Trespass Clarification Act. This bill would modify Section 217 of the USA Patriot Act to protect against invasions of privacy.

July 13, 2004 - Feingold dismisses the Justice Department's recent report on the Patriot Act due to the failure to mention the provisions that threaten civil liberties. "The administration continues to avoid engaging in an open, honest dialogue about the specific provisions that are losing credibility," he says.

April 7, 2004 - Senator Feingold speaks from the Senate floor in support of the SAFE Act. Feingold applauds the bipartisan effort to scrutinize provisions in the Patriot Act. "With passage of the SAFE Act, we can reassure the American people that we are working to protect their rights and liberties, as well as their safety," he says.

October 22, 2003 - On the second anniversary of the USA Patriot Act, Senator Feingold delivers a speech from the Senate floor regarding the growing apprehension about certain provisions of the law, noting that many Senators on both sides of the aisle have come forward with concerns.

October 3, 2003 - Feingold introduces the Security and Freedom Ensured (SAFE) Act with fellow Senators Larry Craig (R-ID), Dick Durbin (D-IL), Mike Crapo (R-ID), and John Sununu (R-NH). The SAFE Act would restrict certain secret searches, and impose reasonable limits on the government's ability to obtain personal records. 

October 2, 2003 - Feingold introduces the Reasonable Search and Seizure Act on the floor of the United States Senate. The Reasonable Search and Seizure Act addresses section 213 of the Patriot Act, often referred to as the "sneak and peek provision." Feingold's legislation would restrict this provision for use only in extraordinary circumstances.

July 31, 2003 - Senator Feingold introduces the Libraries, Bookseller, and Personal Records Privacy Act. This bill will protect the privacy of citizens with no connection to terrorism by circumscribing the ability of government to obtain library, bookstore, medical, and financial records and other sensitive materials under the Patriot Act, while still allowing the FBI to follow up on legitimate terrorism leads.

June 6, 2003 - Feingold reacts to Attorney General Ashcroft's request for expansion of powers under the USA Patriot Act. "Before requesting even more power, the administration owes the American people a full account and explanation of abuses," Feingold said.

April 24, 2002 - Senator Feingold speaks at a Free Expression Network press conference on his concerns with the USA Patriot Act. Senator Feingold notes that "the need for vigilance against the excesses of unbridled governmental power is greater than ever as the fight against terrorism continues."

December 4, 2001 - Senator Feingold chairs a Senate Judiciary Committee oversight hearing on the Department of Justice, focusing on individuals detained in connection with the investigation of the September 11, 2001 attacks. Senator Feingold speaks of the importance of DOJ disclosing basic information on the status of detainees, and questions witnesses on the implications of DOJ's plan to question more than 5,000 young men from Arab and Muslim countries.

October 25, 2001 - Senator Feingold speaks from the floor about H.R. 3162, the USA Patriot Act. In particular, he notes his opposition to provisions related to search and seizure, changes to criminal procedure, the compelled disclosure of personal records, and the government's power to detain immigrants indefinitely. "We must examine every item that is proposed in response to the events of September 11 to be sure we are not rewarding these terrorists and weakening ourselves by giving up the cherished freedoms that they seek to destroy."

October 11, 2001 - Senator Feingold votes against S.1510, the Senate version of the USA Patriot Act. Feingold offers three amendments that would have limited the use of roving wiretaps under FISA, restricted the government's ability to obtain certain personal records, and modified provisions related to computer trespassing.

October 10, 2001 - Agreement is reached on debate on the Patriot Act that will allow Senator Feingold to offer amendments.

October 9, 2001 - Senator Feingold objects to a unanimous consent request in the Senate that would have limited floor debate and prohibited amendments to the Patriot Act. Feingold insists on the right to offer amendments.

October 3, 2001 - Senator Feingold, Chairman of the Senate Judiciary Committee's Subcommittee on the Constitution, holds the sole hearing on the anti-terrorism legislation proposed by the Department of Justice, which would later become known as the USA Patriot Act.