stealth extention of Patriot ACT ..

while the legislators slept !!

Thanks w.u 
http://www.fas.org/irp/congress/2003_cr/h112203.html

Congressional Record: November 22, 2003 (Extensions) Page E2399

            H.R. 2417, INTELLIGENCE AUTHORIZATION AGREEMENT

                                 ______

                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Thursday, November 20, 2003

  Mr. UDALL of Colorado. Mr. Speaker, I rise in opposition to H.R. 2417. I
voted for this bill earlier this year, but I cannot support it today.
  I have concerns about a provision in the conference report that would
expand financial surveillance authority of our intelligence agencies. I
also had concerns about this provision in the first version of the bill
that passed the House, but I supported the bill then in the hope that the
language would be further clarified in the final conference report. It has
not been.
  Whereas currently banks, credit unions, and other financial institutions
are required to provide certain financial data to authorized intelligence
agencies and the Treasury Department, this legislation would expand the
list of institutions to include car dealers, pawnbrokers, travel agents,
casinos, and other businesses.
  This expanded definition of ``financial institution'' may indeed be
necessary for effective counterintelligence, foreign intelligence, and
international operations of the United States. But since this will
represent such a significant expansion of the powers of our intelligence
agencies, I believe it is important that it be clear and not go further
than necessary.
  In particular, I am concerned that the language in the conference report
only vaguely limits this expanded definition to financial information. I
understand that report language makes this distinction more explicit, but
that bill conferees objected to including this clarifying language in the
conference report itself. The legislative intent of this provision is to
expand surveillance in the area of financial--not other--information, but
there are no assurances that this intent will be observed when the
legislation is implemented.
  Mr. Speaker, this provision in the conference report involves the
privacy rights of Americans--rights that I believe strongly we must
protect even as we work to combat terrorism. Because I'm concerned that
this conference report does not strike the right balance, I am voting
against it today.

                          ____________________

Congressional Record: November 23, 2003 (Extensions) Page E2423

 H.R. 2417, THE FISCAL YEAR 2004 INTELLIGENCE AUTHORIZATION CONFERENCE
                                 REPORT

                                 ______

                               speech of

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                      Thursday, November 20, 2003

  Ms. McCOLLUM. Mr. Speaker, it is with great dismay that I rise to oppose
H.R. 2417, the Fiscal Year 2004 Intelligence Authorization Report.
  The Republican Leadership inserted a controversial provision in the FY04
Intelligence Authorization Report that will expand the already
far-reaching USA Patriot Act, threatening to further erode our cherished
civil liberties. This provision gives the FBI power to demand financial
and other records, without a judge's approval, from post offices, real
estate agents, car dealers, travel agents, pawnbrokers and many other
businesses. This provision was included with little or no public debate,
including no consideration by the House Judiciary Committee, which is the
committee of jurisdiction. It came as a surprise to most Members of this
body.
  It is of great concern that the Republican Leadership, along with the
Administration and Attorney General Ashcroft, would seek to include such a
non-germane, controversial provision into what should otherwise be a
nonpartisan bill. Furthermore, the Republican Leadership, in the Senate
defeated an attempt to ``sunset'' this provision when they considered it.
It is clear the Republican Leadership and the Administration would rather
expand on the USA Patriot Act through deception and secrecy than debate
such provisions in an open forum. The freedoms and civil liberties of the
American people are too important to allow such an irresponsible, abusive
power play by the Majority.
  The importance of our intelligence community has grown significantly in
the wake of the September 11th terrorist attacks and the subsequent,
continuing campaign against terrorism. The FY04 Intelligence Authorization
Report includes a number of positive, beneficial provisions designed to
improve our counterintelligence capabilities, strengthen our ability to
share information between the federal government, local and state
officials, and provide for our intelligence officers and their families.
It is unfortunate that such a controversial provision had to be included.

                          ____________________

Congressional Record: November 23, 2003 (Extensions) Page E2428-E2429

  CONFERENCE REPORT ON H.R. 2417, INTELLIGENCE AUTHORIZATION ACT FOR
                            FISCAL YEAR 2004

                                 ______

                               speech of

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                      Thursday, November 20, 2003

  Mr. PAUL. Mr. Speaker, I rise with great concerns over the Intelligence
Authorization Conference Report. I do not agree that Members of Congress
should vote in favor of an authorization that most know almost nothing
about--including the most basic issue of the level of funding.
  What most concerns me about this conference report, though, is something
that should outrage every single American citizen. I am referring to the
stealth addition of language drastically expanding FBI powers to secretly
and without court order snoop into the business and financial transactions
of American citizens. These expanded internal police powers will enable
the FBI to demand transaction records from businesses, including auto
dealers, travel agents, pawnbrokers and more, without the approval or
knowledge of a judge or grand jury. This was written into the bill at the
11th hour over the objections of members of the Senate Judiciary
Committee, which would normally have jurisdiction over the FBI. The
Judiciary Committee was frozen out of the process. It appears we are
witnessing a stealth enactment of the enormously unpopular ``Patriot II''
legislation that was first leaked several months ago. Perhaps the national
outcry when a draft of the Patriot II act was leaked has led its
supporters to enact it one piece at a time in secret. Whatever the case,
this is outrageous and unacceptable. I urge each of my colleagues to join
me in rejecting this bill and its incredibly dangerous expansion of
Federal police powers.
  I also have concerns about the rest of the bill. One of the few things
we do know about this final version is that we are authorizing even more
than the president has requested for the intelligence community. The
intelligence budget seems to grow every year, but we must ask what we are
getting for our money. It is notoriously difficult to assess the successes
of our intelligence apparatus, and perhaps it is unfair that we only hear
about its failures and shortcomings. However, we cannot help but be
concerned over several such failures in recent years. Despite the tens of
billions we spend on these myriad intelligence agencies, it is impossible
to ignore the failure of our federal intelligence community to detect and
prevent the September 11 attacks. Additionally, it is becoming
increasingly obvious that our intelligence community failed completely to
accurately assess the nature of the Iraqi threat. These are by any measure
grave failures, costing us incalculably in human lives and treasure. Yet
from what little we can know about this bill, the solution is to fund more
of the same. I would hope that we might begin coming up with new
approaches to our intelligence needs, perhaps returning to an emphasis on
the proven value of human intelligence and expanded linguistic
capabilities for our intelligence personnel.
  I am also concerned that our scarce resources are again being squandered
pursuing a failed drug war in Colombia, as this bill continues to fund our
disastrous Colombia policy. Billions of dollars have been spent in
Colombia to fight this drug war, yet more drugs than ever are being
produced abroad and shipped into the United States-- including a bumper
crop of opium sent by our new allies in Afghanistan. Evidence in South
America suggests that any decrease in Colombian production of drugs for
the US market has only resulted in increased production in neighboring
countries. As I have stated repeatedly, the solution to the drug problem
lies not in attacking the producers abroad or in creating a militarized
police state to go after the consumers at home, but rather in taking a
close look at our seemingly insatiable desire for these substances. Until
that issue is addressed we will continue wasting billions of dollars in a
losing battle.
  In conclusion, I strongly urge my colleagues to join me in rejecting
this dangerous and expensive bill.

                          ____________________