Vermont
State:
Vermont
Congressional District: (click to contact Rep.) 1
Population (2000 Census): 613,090
Date Passed: 05/28/03
Joint resolution strongly urging the President to revise executive orders and policies, and for Congress to amend provisions of the U.S.A. Patriot Act, which seriously erode fundamental civil liberties
Approved by: Vermont State Senate
Whereas, on September 11, 2001, for the first time since the War of 1812, the continental United States was subjected to an attack from abroad when terrorists commandeered four commercial airliners and destroyed the World Trade Center in New York City and caused significant damage to the Pentagon, and
Whereas, in response to these tragic and devastating events, which cost nearly 3,000 innocent American lives, Congress adopted the U.S.A. Patriot Act (Public Law 107-56) which is intended to enable the federal government to act more authoritatively in preventing future attacks, and
Whereas, while the prevention of future terrorist attacks is a critical national priority, it is equally important to preserve the fundamental civil liberties and personal freedoms which were enshrined in the Bill of Rights over 200 years ago, and which have been preserved through a constant vigilance and outcry against periodic threats to their existence, and
Whereas, while sunset review dates were attached to certain provisions, the final bill remains, perhaps, the most severe legislative attack on civil liberties since the passage of the Alien and Sedition Acts in the 1790s, and
Whereas, under the auspices of both the U.S.A. Patriot Act and related executive orders, persons from the Middle East and South Asia have been unjustly targeted for interrogation and possible deportation, and
Whereas, the ability of the Central Intelligence Agency to engage in domestic spying activities, with tragic repercussions, fortunately halted in the 1970s, but is now being revived pursuant to sections 223 and 901 of the Act, and
Whereas, section 213 greater lowers the threshold required for a court to issue a search warrant, and
Whereas, section 216 nearly eliminates judicial supervision of telephone and internet surveillance, and
Whereas, section 411 gives the U.S. Attorney General extraordinarily broad authority to designate domestic groups as “terrorist organizations,” and
Whereas, both sections 411 and 412 subject noncitizens to indefinite detention or deportation even if they have not committed a crime, and
Whereas, several sections of the bill, including 215, 218, 358, and 508, permit law enforcement authorities to have broad access to sensitive mental health, library, business, financial, and educational records despite the existence of previously adopted state and federal laws which were intended to strengthen the protection of these types of records, and
Whereas, there has been an especially strong outcry in Vermont against the ability of federal authorities, under section 215 of the Act, to obtain judicially-issued warrants for library or bookstore patron records based on minimal information, and the accompanying prohibition on librarians and bookstore personnel from revealing any information regarding the request, and
Whereas, this provision runs directly counter to the intent of the Vermont General Assembly to protect the privacy of a library patron’s records as codified in Title 3 § 317(c)(19) of the Vermont Statutes Annotated, and the code of ethics of the American Library Association, and
Whereas, both the Fletcher Free Library Commission and the Vermont Library Association have expressed their strongest possible concerns that the U.S.A. Patriot Act undermines constitutionally-guaranteed rights and the privacy of library patrons, and
Whereas, Congressman Bernard Sanders has announced his intention to sponsor legislation to exempt libraries and booksellers from the disclosure requirements of the U.S.A. Patriot Act, and
Whereas, a number of municipal legislative bodies, including the Burlington City Council, have expressed their deep concerns relative to the U.S.A. Patriot Act’s historic degradation of civil liberties, and
Whereas, the law gravely threatens the civic values, personal freedoms, and rights that constitute the foundation of our national existence, now therefore be it Resolved by the Senate and House of Representatives:
That the General Assembly strongly urges the President and members of the executive branch to review and revise executive orders and policies which have been adopted since September 11, 2001, and be it further
Resolved: That the General Assembly strongly urges the United States Congress to revise the U.S.A. Patriot Act in order to restore and protect our nation’s fundamental civil liberties, and, in particular, to enact Representative Sanders’ proposal to exempt libraries and bookstores from the provisions of the Act, and be it further
Resolved: That the General Assembly requests that the office of the Vermont Attorney General offer legal support to any public library which is subject to a federal suit or administrative enforcement action for refusing to comply with the provisions of the Act related to library patrons’ records, and be it further
Resolved: That the Secretary of State be directed to send a copy of this resolution to the President of the United States, to each member of the Vermont Congressional Delegation, and to Keith M. Fiels, Executive Director of the American Library Association, in Chicago