S3210 CONGRESSIONAL RECORD — SENATE May 23, 2011 Do we want a limited government, or Committee, I wish to point out that as Laden strike from al-Qaida in Paki- do we want to continue to expand a of Friday, there are three provisions of stan, from al-Qaida affiliates in Yemen larger and larger government? Do we the Foreign Intelligence Surveillance and North Africa. There is a very real want to raise taxes more and more to Act which are going to expire. Those concern that radicalized Americans sustain spending levels higher than we three provisions are something called here at home may contemplate vio- have ever had them before? Is that roving wiretaps, the ‘‘lone wolf’’ provi- lence in response to extremists’ calls what we want? Or are we prepared to sion, and the business records author- for retribution. make reductions in spending? One or ity. So this is a time of heightened the other has to occur. We cannot con- Because of prior discussions, let me threat—maybe no specific threat, but tinue to borrow at the rate we are bor- point out up-front that this does not certainly heightened threats. We are rowing, which every expert has told us. include national security letters, just seeing attacks in Pakistan carried but I am challenging the leaders of this these three provisions: ‘‘roving wire- by the Taliban in reprisals for this at- Senate who asked for the job, who taps,’’ the ‘‘lone wolf,’’ and the ‘‘busi- tack as well. Therefore, this is a time asked to be leaders of the Senate, ness records’’ authorities. when our vigilance must also be asked to be given the responsibility of I very much appreciate that the ma- heightened. helping guide our Nation, to step for- jority leader and the Republican leader Key officials from the National Coun- ward and provide leadership. have come together in agreement to terterrorism Center, the FBI, and the In the joint statement issued by Mr. bring this legislation to the Senate Department of Homeland Security re- Bowles and Alan Simpson that they floor. Because of its importance, par- cently described to the Intelligence submitted to the Budget Committee, ticularly at this point in time, I hope Committee in closed session how their they said our Nation has never faced a we will be able to conclude this busi- respective agencies have heightened more predictable financial crisis. In ness and see that those provisions are their defensive posture over these very other words, to the experts they heard extended for 4 years before Friday. concerns. from and who testified to them, and Many of us strongly believe when it Clearly, this is a time where every then based on their own study, they be- comes to national security there legal counterterrorism and intel- lieve we are heading to a financial cri- should be no partisan divide, only ligence-gathering mechanism should be sis. Alan Greenspan recently said: I strong bipartisan support. So this made available. It is also a time to seize the oppor- think the Congress will, at some point, measure should receive a substantial tunity to further disrupt al-Qaida. The pass reform in spending and budget vote this afternoon, and the Senate assault on the bin Laden compound matters. The only question is, Will will pass it quickly this week before netted a cache of valuable information: they pass it before or after the debt cri- these key authorities expire. But before talking about the sub- papers, videos, computer drives, and sis hits. stance of the legislation, let me de- other materials about al Qaeda’s vision So we have that challenge. We have scribe the context in which this debate and al-Qaida’s plans. no higher duty than to protect our peo- occurs. The intelligence community estab- ple from a foreseeable danger. Three weeks ago, on May 1, the lished an interagency task force to go That danger is out there. We are United States carried out a risky, com- through that material as quickly as heading right toward it. It is time for plicated but ultimately successful possible. I am hopeful that previously us to stand up and be honest and face strike against Osama bin Laden, in unknown terror plots will be identified that challenge. I do not believe busi- Abbottabad, Pakistan. The strike was and information leading to the location ness as usual should continue, and I the culmination of nearly a decade- of terrorists will be found. will object to it so far as I am able. long intelligence operation to locate Authorities such as the three provi- I thank the Acting President pro bin Laden. sions set to expire this Friday may tempore and yield the floor. Similar to most complex intelligence well prove critical to thwarting new I suggest the absence of a quorum. challenges, finding bin Laden was the The ACTING PRESIDENT pro tem- plots and finding terrorists. They must product of multiple intelligence pore. The clerk will call the roll. be renewed. sources and collection methods. It was Let me describe the three provisions The assistant legislative clerk pro- a seamless effort led by the CIA, with in more detail. ceeded to call the roll. First, the roving wiretap provision. Mrs. FEINSTEIN. Mr. President, I important contributions from the Na- Roving wiretap authority was first au- ask unanimous consent that the order tional Security Agency—known as the thorized for intelligence purposes in for the quorum call be rescinded. NSA—and the National Geospatial In- The ACTING PRESIDENT pro tem- telligence Agency as well. the PATRIOT Act in 2001. But, as you pore. Without objection, it is so or- The intelligence mechanisms that know, it has been used for years in the dered. are employed in counterterrorism oper- criminal context. This provision, codi- ations are carefully and regularly re- fied in the Foreign Intelligence Sur- f viewed by the Senate’s Intelligence veillance Act, provides the government CONCLUSION OF MORNING Committee, which I have the honor to with the flexibility necessary to con- BUSINESS chair. Some are also overseen by the duct electronic surveillance against The ACTING PRESIDENT pro tem- Judiciary Committee, on which I also elusive targets. pore. Morning business is closed. have the pleasure to serve. Let me explain. These intelligence tools include the In most cases under FISA, the gov- f provisions of the Foreign Intelligence ernment can go to the Foreign Intel- PATRIOT SUNSETS EXTENSION Surveillance Act, or FISA, and in par- ligence Surveillance Act Court—which ACT OF 2011—Motion to Proceed ticular the three provisions that will, if I will describe in detail later—and The ACTING PRESIDENT pro tem- not reauthorized, expire on May 27. present an application to tap the tele- pore. Under the previous order, the Again, they are the ‘‘roving wiretap,’’ phone of a suspected terrorist or spy. Senate will resume consideration of the ‘‘lone wolf,’’ and the ‘‘business The FISA Court reviews the applica- the motion to proceed to S. 1038, which records’’ authorities. tion and can issue an order—basically a the clerk will report by title. The point is, we as a nation rely on warrant—to allow the government to The assistant legislative clerk read certain secret sources and methods to tap a phone belonging to that target. as follows: protect our national security. Most We all know in this day and age there Motion to proceed to the bill (S. 1038) to other nations do as well. are disposable or ‘‘throw away’’ cell extend expiring provisions of the USA PA- It is also important to note that the phones that allow foreign intelligence TRIOT Improvement and Reauthorization strike against bin Laden, while a crit- agents and terrorists not only to Act of 2005 and the Intelligence Reform and ical strategic blow to al-Qaida, is also switch numbers but also to throw away Terrorism Prevention Act of 2004 until June very likely to lead to reprisal at- their cell phone and replace it with an- 1, 2015, and for other purposes. tempts. other. Mrs. FEINSTEIN. Mr. President, as There have been calls for attacks This roving wiretap authority allows Chairman of the Senate Intelligence against the United States after the bin the government to make a specific

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Bush. stop terrorist attacks and espionage. other words, they make one appear- Unlike other recent terrorists such But, if any Senators would like further ance, and the government can thus as Najibullah Zazi, David Headley, and details, I encourage them to contact seek, and the FISA Court can author- Umar Farouk Abdulmutallab, the Intelligence Committee, or to re- ize, a roving wiretap so that the FBI, Aldawsari was not identified on the quest a briefing from the Intelligence for example, can follow the target basis of his connections to foreign ter- Community or the Department of Jus- without having to go back to the Court rorist organizations or known at the tice. for each cell phone change. time of his capture to be working with I have mentioned several times the Instead, the FBI in this case would one. role of the Foreign Intelligence Sur- report to the FISA Court, normally He is better described as one of the veillance Court. Let me describe what within 10 days of following the target most recent cases of individuals al- it is and how it operates. to a new cell phone, with information ready inside the United States who be- The FISA Court is a special court. It on the fact justifying the belief that came radicalized and committed to is a set of 11 Federal district judges, the new phone was or is being used by carrying out terrorist attacks. each of whom is appointed by the Chief the target. So it is for this kind of threat that Justice to specifically serve in this The Justice Department has advised the ‘‘lone wolf’’ authority is important role. Congress that the authority to conduct and why we should extend this mecha- At least one of these judges is avail- roving electronic surveillance under nism. It is also this kind of threat that able at all times—24 hours a day, 7 FISA has proven to be operationally the Intelligence Community is now es- days a week, 365 days a year—for the useful in some 20 national security in- pecially worried about, as people inside purpose of reviewing government appli- vestigations annually. So this provi- the United States may be spurred to cations to use FISA authorities and, if sion is both used and very necessary in action in retaliation for the strike those applications are sufficient, ap- this day of throw away cell phones. against bin Laden. proving them by issuing an order, or ‘‘Lone wolf’’ authority allows the If the FBI, the Department of Home- what we call in the criminal law, a government to request, and the FISA land Security, or a State or local po- warrant. lice officer identifies someone building Court to approve, intelligence collec- The FISA Court judges meet in bombs, it is necessary to move quickly tion against non-U.S. persons who en- closed session to review classified dec- and not take time to research a pos- gage in international terrorism but for larations, and they provide very care- sible connection to al-Qaida before we whom an association with a specific ful judicial review of the government’s use FISA authorities to learn what international terrorist organization applications. They are expert in this they are up to and when and how they may not yet be known. specialized area of the law, as is their might strike. Let me explain that more clearly. All expert staff. The Department of Justice Business records. The third authority other FISA surveillance and searches covered by this legislation is known as officials who come before them take all must be focused on a target who the the business records provision and pro- care in making their case and pre- government can prove is tied to a for- vides the government the same author- senting their facts, as they do in public eign power. Before the government can ity in national security investigations court. The American people should under- tap a phone or search a residence, it to obtain physical records that exist in needs to demonstrate that the person an ordinary criminal case through a stand that these FISA authorities we it is after is an employee or spy or oth- grand jury subpoena. are discussing now—the ability to con- erwise working for, or on behalf of, an- Business records authority has been duct electronic surveillance and obtain other country or terrorist group. used since 2001 in FISA to obtain driv- records—are subject to strict over- The ‘‘lone wolf’’ provision, which was er’s license records, hotel records, car sight. A Senate-confirmed official in added to FISA in 2004, recognizes that rental records, apartment leasing the Department of Justice, the Attor- there may be cases where the govern- records, credit card records, among ney General, the Deputy Attorney Gen- ment suspects an individual inside the other business records. This is the way eral, or the Assistant Attorney General United States of plotting a terrorist at- in which you track a target. for National Security—one of these tack, but it has not been able to link Let me note that while the debate three must, and I stress ‘‘must’’—sign that individual to al-Qaida or al over this provision has often focused on off on every application before it goes Shabaab or another group. library circulation records, the Justice to the Foreign Intelligence Surveil- The ‘‘lone wolf’’ authority allows the Department has advised the Congress lance Court. government to go to the FISA Court, that this authority has never—let me Federal judges, also confirmed by the show why it believes a non-U.S. person stress, never—been used to obtain li- Senate, must approve the applications. is engaging in terrorist activity, and brary circulation records. Inspectors General conduct regular au- get a warrant to begin surveillance. We had a big debate on this issue dits and oversight as well. The Senate This is not done without a warrant when this came up before. In fact, this and House Intelligence and Judiciary from the court. authority has never been used for li- Committees receive regular reports It also allows for court-ordered col- brary circulation records. from the Department of Justice on the lection against a non-U.S. target who The Department has informed Con- use of all FISA authorities, as well as may have broken with a terrorist orga- gress that it submitted 96 applications receiving briefings from the FBI and nization while continuing to prepare to the FISA Court for business record NSA on the implementation of the for an act of international terrorism. orders last year. The Justice Depart- FISA statute. The Justice Department has advised ment has further stated that some The three authorities reauthorized Congress that although to date it has business records orders have been used by this legislation have been debated not used this authority, the ‘‘lone to support critically important and extensively on this floor and in this wolf’’ authority nevertheless fills an highly sensitive intelligence collection Congress since it came up for reauthor- important gap in U.S. collection capa- activities. The House and Senate Intel- ization in 2009. Every single national bilities, and we have it if we need it. ligence Committees have been fully security official to come before the The recent case of Khalid Aldawsari, briefed on that collection. Congress in the past 2 years has testi- a Saudi national arrested in Texas this Information about this sensitive col- fied that these provisions are vital to past February, shows why the ‘‘lone lection has also been provided to the protect America and has urged their wolf’’ authority is necessary. House and Senate Judiciary Commit- reauthorization. Aldawsari was arrested after the FBI tees, and information has been avail- It is very hard, I think, to vote no in learned he had purchased chemicals able for months to all Senators for the face of what we have been told in and conducted research needed to make their review. classified intelligence briefings and in improvised explosive devices. He had The details on how the government hearings by officials from the Attorney also researched bomb targets, includ- uses all three of these authorities are General’s office and the FBI. In fact,

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People are plotting printed in the RECORD the letter to debate, there is nothing we are taking every day as to how they can send Leaders REID and MCCONNELL. up today that affects or mentions na- someone into the United States or con- There being no objection, the mate- tional security letters at all. I have re- vince someone in the United States to rial was ordered to be printed in the ferred to this now four times. I hope I attack this country. The only thing we RECORD, as follows: get it across because that is what hap- have to prevent this from happening is OFFICE OF THE DIRECTOR OF pened last time. People came to the intelligence and an FBI that is now NATIONAL INTELLIGENCE, floor and what they were talking about able to institute surveillance and Washington, DC, May 23, 2011. was not in the legislation we were con- tracking on possible targets in this Hon. JOHN BOEHNER, sidering. country. Speaker, U.S. House of Representatives, Earlier this year, I was pleased to We have come, in my judgment, a Washington, DC. support legislation authored by Sen- Hon. HARRY REID, long way since 9/11, but we cannot ator LEAHY that would have made sev- Majority Leader, U.S. Senate, leave this country vulnerable. We must Washington, DC. eral improvements in the Foreign In- keep our guard up, and we must see telligence Surveillance Act in order to Hon. NANCY PELOSI, that the intelligence mechanisms that Democratic Leader, better protect privacy rights and civil are available to this country are able U.S. House of Representatives, liberties. But the point I made during to be utilized. the debate in the Judiciary Committee, Washington, DC. This legislation now extends the use Hon. MITCH MCCONNELL, which I will repeat again today, is that Republican Leader, U.S. Senate, many of these changes were in fact of these sunsetting authorities for 4 Washington, DC. codifying practices the Department of years, to June 1, 2015. In view of the DEAR SPEAKER BOEHNER AND LEADERS Justice and the FBI have already im- times we are living in, I believe this is REID, PELOSI, AND MCCONNELL: We write to plemented. appropriate, it is keeping with past express our strong support for the immediate For example, minimization. That was practice, and it is vital to the protec- enactment of S. 1038, the Patriot Sunsets Ex- tion of the United States of America. tension Act of 2011. The Foreign Intelligence one of the issues that was discussed. It Surveillance Act (‘‘FISA’’) is a critical tool has been implemented. The depart- The PATRIOT Act was enacted in Oc- that has been used in numerous highly sen- ments are listening and they have tober 2001, and several provisions were sitive intelligence collection operations. taken action where there have been up for review and reauthorization 4 Three vital provisions of FISA are scheduled problems. years later in December of 2005. After to expire after May 26, 2011: section 206 of the I wish to say to my colleagues that some significant debate, some of the USA PATRIOT Act, which provides author- the Executive Branch has heard and original PATRIOT Act provisions were ity for roving surveillance of targets who has acted to address concerns about in- made permanent and some were reau- take steps that may thwart FISA surveil- trusions into Americans’ civil liberties. lance; section 215 of the USA PATRIOT Act, thorized for another 4 years until the which provides expanded authority to com- The Office of the Inspector General in end of 2009. pel production of business records and other the Department of Justice has indi- The lone-wolf authority that expires tangible things with the approval of the cated that it intends to conduct audits later this week was first enacted in the FISA court; and section 6001 of the Intel- and inspections to ensure that the im- Intelligence Reform Act of 2004 and ligence Reform and Terrorism Prevention plementation of FISA is in full compli- placed in the same sunset cycle as the Act, which provides the authority under ance with the law, and its reports will roving wiretap and business records au- FISA to target non-United States persons be carefully reviewed by this Congress who engage in international terrorism or ac- thorities. Under the model established tivities in preparation therefor, but are not and by the concerned Committees. A in the PATRIOT Act and a subsequent necessarily associated with an identified ter- major priority of the Intelligence Com- reauthorization, a 4-year extension rorist group (the so-called ‘‘lone wolf’’ defi- mittee in this house is to conduct reg- from the end of May 2011 to June 2015 nition). ular oversight on the use of FISA au- is based on sound congressional prac- In the current threat environment, it is es- thorities, and we will continue to do so tice. sential that our intelligence and law enforce- after passage of this legislation. ment agencies have the tools they need to Just about every administration offi- These issues have been debated and protect our national security. At this crit- cial to testify on the use of FISA au- re-debated and should be very familiar ical moment there must be no interruption thorities has also noted the importance to Members, especially those on the In- in our ability to make full use of these au- telligence and Judiciary Committees. thorities to protect the American people, of having the stability that comes with and we urge the Congress to pass the bill and a long-term extension. Since December I hope we are now going to act in the send it to the President without delay. of 2009, when we reauthorized it, the best interests of protecting the people The Office of Management and Budget has Congress has passed three short-term of this country from another terrorist advised us that there is no objection to this extensions—one for 2 months, one for 1 attack by passing this legislation so letter from the perspective of the Adminis- year, and one for 3 months. By lurching our intelligence professionals can con- tration’s program. tinue to keep this Nation secure. Sincerely, from one sunset to another, we run the JAMES R. CLAPPER, risk that these intelligence authorities Mr. President, I yield the floor. Director of National are going to expire. And here we are, The ACTING PRESIDENT pro tem- Intelligence. once again, because they expire this pore. The Senator from Indiana. ERIC H. HOLDER, Jr., Friday. I hope Members will think Attorney General. about that. I hope Members who want ISRAEL Mrs. FEINSTEIN. Mr. President, let to produce an amendment will think Mr. COATS. Mr. President, tomorrow me point out there are no recent cases about the following: if they expire, morning, a joint meeting of Congress of abuse of these authorities. The over- what if NSA and other agencies have to will welcome the Prime Minister of sight system in place is working well, I stop, what if they miss something, Israel, Benjamin Netanyahu. It will be believe, to ensure they will not be mis- what if something happens? That is a the first time Mr. Netanyahu has ad- used in the future. responsibility that rests on the heads dressed us in a joint meeting and only Other Senators may come to this of everyone in these two bodies—both the second time any Israeli Prime Min- floor and talk about abuses of these au- the House of Representatives and the ister has addressed a joint meeting of thorities, but I ask: Listen carefully. Senate of the United States. Congress as its sole participant. It is a Chances are they are talking about a Even short of that, by providing one distinct and historic honor and an op- section not involved here, and that is short-term extension after another—2 portunity for us to hear again how cru- the section on national security let- months here, 1 year there—we create cial is the friendship between our two ters. Again, national security letters significant uncertainty in the Intel- countries.

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 23, 2011 CONGRESSIONAL RECORD — SENATE S3213 In anticipation of this event, I rise viously adopted the Palestinian posi- negotiations. Even if it were possible today to provide for the record a re- tion as its official policy until now. to reach agreement on land and borders statement of how I and I believe How can this help restart negotiations first, Israel would be left in a far weak- many—if not most—of my colleagues or drive those negotiations toward a er position to negotiate the subsequent regard the State of Israel and Amer- successful conclusion? matters. The refugee issue is perhaps ica’s relationship with that fellow de- As Mr. Netanyahu made clear to the the most difficult of all because accept- mocracy. This restatement is nec- President in the Oval Office, a return ance of the Palestinian position would essary, I believe, in light of the Presi- to the 1967 lines is ‘‘indefensible’’ and completely change the nature of Israel dent’s speech last week regarding the ignores new realities on the ground. as a Jewish state. Indeed, it is a funda- Arab spring. The President’s remarks, This position was formally recognized mental survival issue that cannot be which were delivered just before Presi- by President Bush in 2004 and must addressed in isolation. dent Netanyahu’s arrival in the United now be reconfirmed by any realistic as- Finally, I am deeply concerned that States, seriously muddied the waters of sessment of what steps are possible and the President’s speech may be used by American policy toward Israel and its necessary. The object of negotiations is the Palestinians to support their cam- troubled region. to reach a successful and durable con- paign to bring a unilateral declaration The Arab spring has sprung from new clusion. But ignoring core realities of statehood from the United Nations popular forces throughout the region, cannot possibly contribute to progress General Assembly. A declaration of overthrowing regimes that have lost and almost certainly would make it statehood to the U.N. is a dangerous their relevance to the aspirations of more difficult to achieve the ends we step that would preempt any new nego- their people and threatening to over- all seek. tiations and make sure sufficient ef- throw others. Another major concern I have fol- forts are stillborn. If this strategy suc- The administration’s response has lowing the President’s speech is the re- ceeds at the U.N. General Assembly been slow in coming, awkward and con- action to the recent announcement by this September, it will bring serious fused in efforts to explain its policies, the Palestinians of a reconciliation legal, political, diplomatic, and prac- inconsistent in its application from one agreement between the Fatah party of tical negative consequences for both a part of the region to another, less than President Abbas and Hamas, the orga- real peace process and Israel itself. Let transparent in keeping Congress in- nization in charge in Gaza. This alleged me restate that. If this strategy suc- formed, and, worst of all, ineffective in reconciliation is likely a product of the ceeds at the U.N. General Assembly in its guidance and understanding of Arab spring and the conviction the Pal- September, it will bring serious legal, events. estinian people need to unite to pursue political, diplomatic, and practical The protests in the Middle East and their common goals. This is under- negative consequences for both a real northern Africa have justifiably stirred standable, and it would be acceptable if peace process and for Israel itself. the emotions and aspirations of the not for the character of one of the The Palestinian Authority has al- Palestinian people as well. They also main factions to this reconciliation. ready announced its intentions to chal- seek a homeland of their own—secure, Make no mistake about it, Hamas is a lenge Israeli interests in U.N.-related stable, and living at peace with their terrorist organization. This group de- bodies, including the International neighbors. I agree this must be among nies Israel its right to exist, it fires Court. This tactic contradicts Pales- our goals. thousands of rockets into Israeli terri- tinian claims that it seeks to bring Some believe the groundswell of tory and bemoans the death of bin new energy to the peace process. Peace newly vibrant popular aspirations Laden, one of its heroes. will come through realistic negotia- throughout the region and also among If this announced reconciliation of tions, not through unilateral preemp- the Palestinian people is both an op- these Palestinian groups actually oc- tive action. portunity and a requirement for new, curs, the Palestinian Authority of The President did say he opposes this creative steps in the search for perma- President Abbas—to which the United Palestinian effort to isolate and nent peace. There may be an oppor- States, by the way, provides consider- delegitimize Israel at the U.N., and this tunity here that leads to progress if we able financial and humanitarian sup- was a welcome statement. But sup- and the parties to this long-lasting dis- port—that administration, that porting a Palestinian state based on pute make the right choices, if we seek group—that reconciliation will have 1967 borders, speaking out against al- the right ends, and if we pursue them President Abbas and that group danc- leged reconciliation with the terrorist with the right strategies. Unfortu- ing with the devil. It cannot, therefore, faction Hamas in only the most ambig- nately, the administration seems to expect further support from us, nor can uous terms, and promoting a policy misunderstand the nature of this op- it expect support or understanding in that deprives Israel of its strongest ne- portunity. In a speech last week re- any negotiations with Israel intending gotiating advantage will only encour- garding the wave of startling events in to create a Palestinian state. Indeed, age the Palestinian Authority to pur- the Middle East and north Africa, we must not require or even encourage sue its U.N. strategy. President Obama attempted to bring Israel to resume negotiations with an These confusing, inconsistent mes- coherence and purpose to his adminis- entity that includes terrorists. But sages from the administration will not tration’s policy. Instead, the speech how did the President address this in be enough to dissuade other U.N. mem- brought more confusion, potentially his speech? He did not mention the ber states from supporting the Pales- jeopardizing prospects for successful word ‘‘terrorist’’ or provide any solid tinian maneuver. I fear the United negotiations with Israel and the Pales- indication that negotiations with States will then be forced to veto a res- tinian Authority. Hamas would be impossible. He did not olution in the Security Council that In my opinion, it was a serious mis- affirm that American assistance to our very own errors have helped bring take for the President to preemptively Palestinians, including Hamas, would about. Then we will find ourselves in a declare U.S. support for a Palestinian be off the table. He merely said that minority in the General Assembly and state based on the 1967 borders. Presi- ‘‘Palestinian leaders will have to pro- watch as the prospect of substantive dent Obama’s declaration that Israel vide a credible answer’’ to these re- negotiations become far more distant must withdraw to the 1967 border lines maining questions. than before. Both we and our Israeli is unprecedented and unwelcome. It is The President also suggested in his friends deserve better than this. true that previous administrations speech that the Israelis and Palestin- Mr. President, this is not a state- have referred to the 1967 lines in the ians should focus negotiations in a re- ment of support for Israel only. It is past as a reference point in the nego- started peace process on the issues of true that we are united with Israel by tiations. It is also true that the Pal- borders and security, leaving the high- permanent bonds of history, values, estinians regard the 1967 lines as their ly contentious issues of Jerusalem and shared strategic interests, culture, and beginning negotiating position. But refugees for later. This type of step-by- religious heritage, but those bonds are even with the President’s vague ac- step negotiating has been rejected also the principal reason we have for knowledgment of the need for land many times in the past, and for good pursuing a peace that is durable and swaps, no U.S. administration has pre- reason. Land is Israel’s main asset in just for everyone in the region. That

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3214 CONGRESSIONAL RECORD — SENATE May 23, 2011 peace will serve the Palestinian people allows the government to conduct se- year offers little certainty to agents just as much as Jewish Israel. A secure cret proceedings even when those pro- utilizing these provisions to combat homeland of their own, at peace, will ceedings don’t need to be held in se- terrorism. It also leads to operational be the result of real negotiations based cret. If we allow that to happen, we uncertainty, jeopardizes collection of on shared understanding of what is pos- toss government transparency and ac- critical intelligence, and could lead to sible. Americans, the people of Israel, countability out the window. compliance and reporting problems if and the Palestinian people all have a As we have seen over the past few the reauthorization occurs too close to shared common heritage in prophetic weeks, our military forces and intel- the expiration of the law, and we are religions. Hopefully, prayerfully, to- ligence agents are the most effective in getting very close to that. gether we can aspire to a common pur- the world. They are the best because pose to bring enduring peace to the they have the most powerful tools in If we believe these tools are nec- birthplace of that heritage. the world to do their jobs. They are essary—and I clearly stated I believe Mr. President, I yield the floor. better trained than anyone else, they they are necessary—we need to provide The PRESIDING OFFICER (Mr. are stronger and smarter, and they do some certainty as opposed to simply COONS). The Senator from Montana. what they do without needing to snoop revisiting the law year after year. Mr. TESTER. Mr. President, today around into the private lives of law- Given the indefinite threat we face we have an opportunity to do away abiding Americans and Montanans, from acts of terrorism, it is my view with a law that tramples on our con- without having to dig up our medical that we should permanently reauthor- stitutional rights, a law that invades records or our gun records or our li- ize these three expiring provisions. the privacy of law-abiding Montanans brary records or our Internet records. This position is supported by agents and Americans, a law that deprives The PATRIOT Act is bad policy that on the ground using these tools every Americans of some of our most basic has put us on a very slippery slope. Our day. I have letters of support from the constitutional protections. This week, constitutional freedoms are too valu- Federal Bureau of Investigation Agents we are voting on whether to extend the able to give even an inch of them away, Association supporting a permanent re- USA PATRIOT Act 4 more years as is. especially when we don’t need to. authorization of the three expiring pro- There is a chance we may not have an Without the opportunity to make opportunity to change it even though real changes to this bill, our only op- visions. The Federal Law Enforcement we know our freedoms have been com- tion is to say yes or no to extend this Officers Association also supports a promised. That is a shame because law 4 more years. If we do, an entire permanent extension of the provisions. without that possibility, we are not decade will have passed without the op- In fact, a very important passage of having the debate the American people portunity to make any adjustments. that letter states: deserve. If our only choice is to vote Not having the opportunity to amend Crimes and terrorism will not sunset and yes or no, I am going to vote no. the PATRIOT Act, I am going to vote are still targeting our nation and American Long before I ever got to the Senate, against it in the name of freedom and citizens. Just like handcuffs, the PATRIOT the PATRIOT Act was sold to us as a privacy, and I urge all my colleagues to Act should be a permanent part of the law toolbox of sorts to give U.S. agents the do the same because it is the respon- enforcement arsenal. tools they need to find and fight and sible way to vote. Then we have another letter from the kill terrorists. But what we got from Mr. President, I yield the floor, I sug- Society of Former Special Agents of the PATRIOT Act was a law that is gest the absence of a quorum, and I ask the FBI, and that letter says: killing the rights guaranteed by our unanimous consent that the time dur- Constitution. It gives our government ing the quorum be equally divided. We urge Congress to reauthorize the expir- full authority to dig through our pri- The PRESIDING OFFICER. Without ing provisions of the PATRIOT Act perma- vate records or tap our phones or make objection, it is so ordered. nently and without restrictions as the three a case against us without even having The clerk will call the roll. expiring provisions are essential to the secu- a judge’s warrant even if we are doing The bill clerk proceeded to call the rity of our country. nothing wrong. roll. I ask unanimous consent that these When we give up our rights, we give Mr. GRASSLEY. Mr. President, I ask letters be printed in the RECORD. way to exactly what the terrorists unanimous consent that the order for wanted for us—fewer freedoms and in- the quorum call be rescinded. There being no objection, the mate- vasion of privacy. It is not acceptable The PRESIDING OFFICER. Without rial was ordered to be printed in the in Montana, and I am sure it is not ac- objection, it is so ordered. RECORD, as follows: ceptable anywhere else. More than 200 Mr. GRASSLEY. Mr. President, we FEDERAL BUREAU OF INVESTIGATION years ago, one of our Founders in this find ourselves again in the situation of AGENTS ASSOCIATION, country warned us with this statement: extending key provisions of the PA- Arlington, VA, April 4, 2011. Hon. HARRY REID, Those who give up essential liberty to pur- TRIOT Act. These three provisions are Majority Leader, U.S. Senate, Washington, DC. chase a little temporary safety . . . deserve roving wiretaps, section 215 business Hon. PATRICK J. LEAHY, neither liberty nor safety. record orders, and the lone wolf provi- Chairman, Committee on the Judiciary, U.S. Words of wisdom from Benjamin sions. These are all very important Senate, Washington, DC. Franklin. tools used to investigate and prevent Hon. MITCH MCCONNELL, Our Nation was founded on the prin- terrorist attacks. They have been reau- Minority Leader, U.S. Senate, Washington, DC. ciples of freedom and privacy and a thorized a number of times, but it Hon. CHARLES E. GRASSLEY, government we control, and we got ex- seems that in recent years we have Ranking Member, Committee on the Judiciary, actly the opposite with the PATRIOT been discussing only very short term U.S. Senate, Washington, DC. Act. extensions of these critical tools. DEAR SENATORS: On behalf of the FBI Mr. President, here is a copy of the That is why I will support the cloture Agents Association (‘‘FBIAA’’), I write to Constitution. It is a reminder of our motion on moving to S. 1038 today. submit our views on the importance of per- rights as Americans, guaranteed by the This legislation provides a 4-year ex- manently reauthorizing three provisions of fourth amendment: tension of the three expiring provisions the USA PATRIOT Act (‘‘PATRIOT Act’’) without any substantive changes to the that are set to expire on May 28, 2011. The The right of people to be secure in their FBIAA is comprised of over 12,000 active persons, houses, papers, and effects, against existing authorities, and I believe there duty and retired Agents nationwide and is unreasonable searches and seizures, shall not do not need to be changes to existing the only professional association dedicated be violated. authorities. to advancing goals of FBI Agents. On their The folks who wrote the PATRIOT Regardless of my support for today’s behalf, we urge the Senate to act now to per- Act were here in Washington long be- cloture vote, and support for the 4-year manently reauthorize these critical criminal fore I ever thought about running for extension, I wish my colleagues to investigation and counterterrorism tools the Senate, but you don’t have to be a know that I support a permanent ex- without new restrictions. lawyer to know the PATRIOT Act flies tension of the three expiring provi- We also respectfully request that the Sen- in the face of the fourth amendment. It sions. Having this debate year after ate limit its debate and consideration to the

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 23, 2011 CONGRESSIONAL RECORD — SENATE S3215 expiring PATRIOT Act provisions. Intro- followed regarding the collection, retention, ments. We urge Congress to reauthorize the ducing new issues at this time could unnec- and dissemination of information about U.S. expiring provisions of the PATRIOT Act per- essarily impede progress toward reauthor- persons. A failure to reauthorize the roving manently and without new restrictions. FBI izing these important national security pro- wiretap provision, or encumbering the provi- Agents work diligently to detect, inves- visions, potentially leading to their expira- sion with unnecessary restrictions, would tigate, and apprehend individuals and groups tion. Given that there appears to be bipar- jeopardize the utility of an important inves- that are engaged in a constant and evolving tisan and bicameral consensus for reauthor- tigative tool and could, as Director Mueller effort to craft and execute plots against the ization of the provisions in their current has warned, open up a ‘‘gap in the law that United States and its citizens. The three ex- form for some time, expiration is easily . . . sophisticated terrorists or spies could piring provisions are essential in our fight avoidable. easily exploit.’’ against terrorism. THE THREE EXPIRING PATRIOT ACT PROVI- LONE WOLF SURVEILLANCE Sincerely, SIONS SHOULD BE PERMANENTLY REAUTHOR- The ‘‘lone wolf’’ provision, found in Sec- KONRAD MOTYKA, IZED WITHOUT NEW RESTRICTIONS tion 6001 of the Intelligence Reform and Ter- President. Since 9–11, federal law enforcement officers rorism Prevention Act of 2004, allows the FEDERAL LAW ENFORCEMENT have effectively and properly used three FISA Court to issue surveillance orders tar- OFFICERS ASSOCIATION, tools provided for in the PATRIOT Act and geted at non-U.S. persons who engage in March 2, 2011. related laws: the ‘‘business records’’ provi- international terrorism or activities in prep- Hon. PATRICK LEAHY, sion: the ‘‘roving wiretap’’ provision: and the aration of terrorism. Prior to enactment of Chairman, Senate Judiciary Committee, U.S. ‘‘lone wolf’’ surveillance provision. These the lone wolf provision, the FISA Court Senate, Washington, DC. provisions were developed and adopted in re- could only issue surveillance orders if spe- Hon. CHARLES GRASSLEY, sponse to the 9–11 terrorist attacks. Placing cific evidence linked the targeted person to a Ranking Member, Senate Judiciary Committee, new restrictions and requirements on them foreign power or entity. This meant that U.S. Senate, Washington, DC. now, after ten years of using and relying on non-U.S. individuals acting alone could not DEAR CHAIRMAN LEAHY AND RANKING MEM- these tools, is antithetical to our primary be effectively investigated, even if evidence BER GRASSLEY: As you know, the Federal post–9–11 national security goal—giving fed- indicated that they were preparing to engage Law Enforcement Officers Association eral law enforcement officers greater tools in international terrorism. (FLEOA) is the largest non-partisan, non- and more authority to detect and thwart ter- The FBIAA recommends that Congress per- profit law enforcement association and rep- rorist attacks. manently reauthorize the lone wolf provision because it is a necessary part of combating resents 26,000 federal law enforcement offi- BUSINESS RECORDS contemporary terrorist threats. Communica- cers from 65 federal agencies. In light of to- The ‘‘business records’’ provision, § 215 of tion between individual terrorists and for- morrow’s scheduled Executive Business the PATRIOT Act, allows criminal investiga- eign governments and/or entities is often Meeting, we are writing to provide you with tors to apply to the U.S. Foreign Intelligence very scarce, precisely because these groups our views regarding reauthorization of the Surveillance Act Court (‘‘FISA Court’’) for are seeking to evade detection by law en- USA PATRIOT Act. an order requiring the production of business forcement. The lone wolf provision gives law To date, many recently thwarted terrorist records related to foreign intelligence oper- enforcement an important tool to obtain the and criminal plots can be directly attributed ations or an investigation of international information necessary to ensure that threats to provisions within the USA PATRIOT ACT. terrorism. However, no such order can be are thwarted before terrorists can act on The ACT offers federal law enforcement offi- issued if it concerns an investigation of a their plans. Congress should not allow this cers the tools to stay ahead of violent crimi- U.S. person based solely on that person’s ex- provision to expire, or place additional re- nals and better protect the American citi- ercise of his or her First Amendment rights. strictions on the provision, as such actions zenry from threats. This provision is used in specific and rare could make it more difficult to investigate FLEOA sees this ACT as a crucial tool for circumstances. As described by the Congres- and prevent dangerous terrorist threats. Re- law enforcement, and not something that sional Research Service, the business records cent developments in the evolution of the should periodically expire. The work of fed- tool has bee used ‘‘sparingly and never to ac- threat of ‘‘homegrown terrorism’’ have only eral law enforcement officers has only been quire library, bookstores, medical or gun served to underscore the necessity of main- enhanced by the USA PATRIOT ACT. sale records.’’ Despite infrequent use, the taining this provision under current law. Provisions dealing with: ability to access important bank and tele- 1) Online Surveillance EFFORTS TO ADD NEW REQUIREMENTS TO THE phone records early in investigations is crit- 2) Roving Wiretaps and Pen Resisters EXPIRING PROVISIONS AND NATIONAL SECU- ical for criminal investigators, and leaders 3) Issuance of John Doe Warrants RITY LETTERS (NSLS) SHOULD BE REJECTED in the Department of Justice and FBI have 4) Accessing financial records and docu- called the business records provision a ‘‘vital The FBIAA is concerned that the much- ments tool in the war on terror.’’ needed reauthorization of the expiring PA- 5) Records related to books and magazine Given that the provision has been used TRIOT Act provisions may fall prey to a purchases carefully and effectively in investigations of larger debate over NSLs and new limitations 6) Issuance of National Security Letters terrorist threats, the FBIAA recommends on the ways that these investigative tools In light of today’s threats, the provisions that Congress reauthorize the provision on a can be used. We are aware that concerns listed above are tools that help thwart ter- permanent basis without new limitations on about NSLs and PATRIOT Act provisions rorists and criminals that use identity theft, its use. have been used by some to fuel skepticism the internet, cellular and satellite phones, about privacy protection. To be clear, phishing schemes, social networking and ROVING WIRETAPS Agents undergo extensive training regarding wire transfers to effect their crimes. The ‘‘roving wiretap’’ provision, § 206 of the the use of these tools, and we are confident FLEOA has the distinct honor of rep- PATRIOT Act, allows the FISA Court to that Special Agents use them to help protect resenting the interests of law enforcement issue wiretap orders that are not linked to the public from terrorist and criminal officers from the Department of Justice, De- specific phones or computers if the target of threats. partment of Homeland Security, Department the surveillance has demonstrated an intent Regardless of one’s position on new restric- of State, Department of Defense, Depart- to evade surveillance. tions, it is clear that including them in the ment of Treasury, and a host of other agen- The ability to obtain orders for roving reauthorization debate could make it almost cies. These officers are the front-line guard- wiretaps is absolutely essential to contem- impossible for Congress to act before May 28, ians that protect our nation from terrorist porary criminal and counterterrorism inves- 2011. Allowing these provisions to expire and criminal threats. tigations because criminal networks have should not be an option. Terrorists will not They are the ones that have used the provi- become technologically advanced and will wait patiently for Congress to re-adopt pro- sions in the USA PATRIOT ACT to keep often purchase and use many different mo- visions like these before advancing their ef- Americans safe under the microscope of bile phones and computers in order to evade forts to harm our country. Investigators strict agency and judicial oversight that has wiretap efforts. Law enforcement experts should not have their hands tied when Con- yet to be cited as ‘‘excessive’’ by any inves- have described the roving wiretap provision gress could easily meet the reauthorization tigation or Inspector General’s office. as a ‘‘very critical measure’’ that has likely deadline in a bipartisan and bicameral fash- We would caution the Congress to be care- helped detect and prevent numerous ter- ion. ful when trying to re-work any provisions rorist plots, including the plots to bomb Moreover, Congress should not rush to cod- that have already been in effect and have multiple synagogues in New York City. ify limitations and new procedural require- been effective. The FBIAA urges Congress to permanently ments without carefully considering the im- Additionally, the short-term authorization reauthorize the roving wiretap authority and plications of specific legislative language on is at odds with a Congress that in the after- not subjected it to further restrictions. The national security matters and ongoing inves- math of the September 11th, 2001 attacks roving wiretap provision is already con- tigations. Simply including these changes in asked ‘‘Why didn’t we know and connect the strained by the requirements that the FISA the reauthorization effort is inconsistent dots?’’ Court find probable cause that the target in- with a robust consideration process. The USA PATRIOT ACT removed some of tends to evade surveillance to issue a wire- The FBIAA appreciates your leadership on the barriers in place that prevented us from tap and that minimization procedures are these issues and consideration of these com- ‘‘connecting the dots’’ and any retraction of

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3216 CONGRESSIONAL RECORD — SENATE May 23, 2011 those provisions is in effect, ‘‘re-building the the subject of the surveillance demonstrates in Western Europe and North America. wall.’’ an intent to evade the surveillance. It is ab- They don’t like us, they want to kill Crime and terrorism will not ‘‘sunset’’ and solutely essential to provide this ability to us, and we have to prevent that. They are still targeting our nation and American investigators due to the advanced tech- can make continuous mistakes and not citizens. Just like handcuffs, this tool should nology employed by criminal and terrorism get their job done, but once the FBI be a permanent part of the law enforcement networks and conspirators. The failure to re- arsenal and arguments to the contrary are authorize this provision of the Patriot Act or makes a mistake and lets one of them flawed and do not recognize the reality that encumber the provision with restrictions get away it is a victory for the opposi- the ACT has worked. would jeopardize the importance of this val- tion. We can’t afford a failure. In this nation, law enforcement is guided uable investigative tool. Examples along the lines that we by an ethos to act ‘‘beyond reproach’’ and Of- The lone wolf provision, Section 6001 of the can’t have these failures: In testimony fice of Inspector General’s offices ensure Intelligence Reform and Terrorism Preven- before the House Judiciary Committee, that is the case. tion Act of 2004, provides the FISA Court Subcommittee on Crime, Terrorism, FLEOA greatly appreciates Congress’ will- with the authority to approve surveillance of and Homeland Security, Robert Litt, ingness to continue this important national non-U.S. persons acting alone or not linked security tool and would caution you not to the general counsel of the Office of the to a foreign entity who are engaged in inter- Director of National Intelligence, testi- put it ‘‘back behind the wall’’ and is willing national terrorism or activities in prepara- to work with Congress as any proposed legis- tion of terrorist acts. The lone wolf provision fied that a section 215 order was used lation moves through it. provides law enforcement with an important as part of the investigation by the FBI Respectfully yours, tool to obtain necessary information to pre- into Khalid Aldawasare, who was ar- J. ADLER, vent dangerous terrorist acts from occur- rested in Texas recently. It was later National President. ring. The Society strongly encourages Con- revealed in a criminal case that he was gress not to allow this provision to expire or purchasing explosive chemicals and SOCIETY OF FORMER SPECIAL place restrictions on the provision that bombmaking components online and AGENTS OF THE FEDERAL BUREAU would weaken this vital investigative tool. had scouted targets in Texas. OF INVESTIGATION, INC., The Society respects and appreciates your Dumfries, VA, April 14, 2011. Mr. Litt also testified that section leadership on these important issues. As 215 orders were utilized to obtain hotel Hon. MITCH MCCONNELL, former and current Special Agents of the Minority Leader, U.S. Senate, FBI, our members are very concerned with records in the case where a suspected Washington, DC. any changes to the Patriot Act that would spy had arranged lodging for intel- DEAR SENATOR MCCONNELL: On behalf of make it more difficult for the FBI and other ligence officers. He also discussed the the 8000 members of the Society of Former Federal law enforcement agencies to inves- roving wiretap provision and how it is Special Agents of the Federal Bureau of In- tigate terrorists and their threats to our na- used to help agents track foreign vestigation, Inc. (Society), I am writing to tion. We urge Congress to reauthorize the ex- agents operating inside the United inform you of our views on the importance of piring provisions of the Patriot Act perma- States who switch cellular phones fre- permanently reauthorizing the three provi- nently and without restrictions as the three sions of the USA Patriot Act that are going quently to avoid being caught. These expiring provisions are essential to the secu- examples are limited not because the to expire on May 28, 2011. rity of our country. The Society was established in 1937 as a Sincerely, authorities aren’t valuable, but be- fraternal, educational, and community- LESTER A. DAVIS, cause of how sensitive the investiga- minded organization to preserve the FBI her- President. tions are that utilize these authorities. itage in a spirit of friendship, loyalty, and While the need for keeping personal goodwill. As former and current Special Mr. GRASSLEY. Mr. President, in addition to agents on the ground, we and national security matters classi- Agents of the FBI, our members are experi- fied may prevent the open discussion of enced in conducting sensitive criminal and have heard strong support for extend- further examples in this setting—on terrorism investigations and are concerned ing the expiring provisions of the PA- the floor of the Senate—it is important that any changes to the Patriot Act that TRIOT Act from members of the Bush to note that these provisions are con- would make it more difficult for the FBI to and Obama administrations. We have stantly under strict scrutiny by the in- fulfill its vital mission of protecting our heard testimony from the Director of great country. spector general at the Department of the FBI, the Attorney General, and the In addition, the Society is concerned with Justice and by congressional oversight. Director of National Intelligence about the introduction of new issues that could im- In fact, in a March 2008 report, the Jus- the strong need to reauthorize these pede progress in reauthorizing these impor- tice Department inspector general ex- tant national security provisions. In view of provisions. These same offices have amined the FBI’s use of section 215 or- the bipartisan consensus for the reauthoriza- recommended extending the provisions tion of these provisions, we hope that their ders and found: ‘‘We did not identify regardless of political ideology as both any illegal use of section 215 author- expiration can be avoided. Republican and Democratic adminis- Since the September 11, 2001 terrorist at- ity.’’ Further, there are no reported tacks, Federal law enforcement agencies trations have backed the extensions. abuses of the roving surveillance au- have effectively utilized three sections of the The 4-year extension we are voting thority, and the lone wolf provision has Patriot Act, namely: the business records on today is a step in the right direc- not yet been utilized, so it is without provision, the roving wiretap provision and tion. Extending the three expiring pro- abuse as well. the lone wolf surveillance provision. These visions without any substantive While I agree these three provisions sections of the Patriot Act were adopted in amendment that would restrict or cur- direct response to the September 11th at- should be subject to strict scrutiny tail the use of these tools is very im- from inspectors general and Congress, tacks and to place new restrictions and re- portant, given the recent actions that quirements on these sections of the Act that oversight authority already exists would be detrimental to Federal law enforce- led to the death of Osama bin Laden. in the law and does not require amend- ment efforts to detect and prevent future Now is not the time to place new re- ments to these tools to achieve the terrorist attacks. strictions and heighten evidentiary goal of oversight. As such, it is impor- The business records provision, Section 215 standards on critical national security tant that Congress reauthorize these of the Patriot Act, allows investigators to tools. provisions quickly and without amend- apply to the U.S. Foreign Intelligence Sur- A lot has been said about these provi- ment. veillance Court (FISA Court) for an order re- sions and, unfortunately, most of what quiring the production of business records I urge my colleagues to vote in sup- related to foreign intelligence operations or has been said is incorrect. Congress en- port of the cloture motion on the mo- investigations of international terrorism. acted these provisions and reauthorized tion to proceed to S. 1038 because it This provision is utilized in specific and rare them in 2005 following the 9/11 Commis- provides a clean reauthorization of circumstances. However, despite the infre- sion Report, which criticized the way these very vital tools for 4 years with- quent use of the provision, the ability to ac- our agents failed to piece together out substantive changes. In other cess important records early in an investiga- clues; in other words, to connect the words, if it ain’t broke, don’t fix it. tion is critical. The Society strongly encour- dots. Since that time, the three expir- While 4 years is a far cry from the per- ages Congress to reauthorize this provision ing provisions have provided a great manence that I believe is necessary on on a permanent basis without limitations. The roving wiretap provision, Section 206 deal of information to agents who have these provisions, it does provide more of the Patriot Act, allows the FISA Court to helped thwart terrorist attacks. certainty and predictability than con- issue wiretap authorizations that are not Let’s be very basic. What is terrorism tinuing to pass short-term extension linked to specific telephones or computers if about? It is about killing people living after extension.

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 23, 2011 CONGRESSIONAL RECORD — SENATE S3217 Mr. President, I yield the floor. Right now, if someone has a Visa bill our political or religious beliefs. That The PRESIDING OFFICER. The Sen- that is over $5,000 and chooses to pay is what we don’t ever want: to let the ator from Kentucky. for it over the phone, which is a wire law become so expansive. Mr. PAUL. Mr. President, there has transfer, the government is probably We have to realize we can still get been a lot of discussion of the PA- looking at their Visa bill. They don’t terrorists. We get rapists and mur- TRIOT Act, and we are told basically have to show probable cause, and they derers every day by calling a judge. that we wouldn’t be able to capture don’t have to have a judge’s warrant. That is what I am asking for. I am these terrorists if we didn’t give up This does apply to U.S. citizens. Often asking that we go through and obey some of our liberties, if we didn’t give they will tell us: Oh, it is only foreign the fourth amendment. Many conserv- up some of the fourth amendment and terrorists we are looking at. They want atives have argued that, well, they love allow it to be easier for the police to us to feel good about allowing them to the second amendment. Some liberals come into our homes. We were so spy. But this spying is going on by the say, well, they love and will protect frightened after 9/11 that we readily tens of thousands and even by the mil- the first amendment. Do you know gave up these freedoms. lions. what. If we do not protect the entire We said: Well, the fourth amendment With regard to these suspicious ac- bill of rights, we are not going to have is not that important. We will just let tivity reports, we have done over 4 mil- any of it. If we want to protect our the government look at all of our lion of them in the last 10 years. We right to own a gun, we need to protect records, and we will make it easier for are now doing over 1 million a year. our gun records from the government the government to look at our records. These suspicious activity reports, all looking at our gun records and finding The question we have to ask, though, the trigger is—it doesn’t have to have out whether we have been buying a gun is whether we would still be able to anything to do with terrorism. The at a gun show. catch terrorists by using the fourth trigger is just that someone has over We need to protect our privacy. If we amendment as it was intended and hav- $5,000 that they have transferred by want to protect the first amendment, ing the protections of the fourth bank account. we have to have the fourth amend- amendment. What we have to ask our- We say, well, the courts have decided ment. In fact, we specifically had to go selves is, think about the worst person our bank records aren’t private. Well, back there. The original PATRIOT Act in our communities. Think about the hell they aren’t. They should be said we could not even consult with our someone accused of murder or rape or a private. If someone looks at my Visa attorneys. We could not even tell our pedophile. We think of these people, records, they can tell whether I go to attorneys. We were gagged from telling and do we know what happens if some- the doctor and what kind of doctor I go our attorneys. one is accused of that? Even if it is 3 Even now, though, one may say: I do to. They can conceivably tell what o’clock in the morning and they want not know if they have investigated me. kind of medication I am on. They can to get their records or they want to go Do you know why? Because they tell tell what kind of magazines I read. into their houses, they call a judge. our phone company, if they are looking They can tell what kind of books I This is something very important. at our phone records right now or our order from Amazon. Do we want a gov- They get the warrants almost all the Visa records, it is against the law for time. But it is one step of protection. ernment that looks at our Visa bill? Do Visa or the phone company to tell us What we have is the protection where we want a government that looks at all that. It is hundreds of thousands of dol- we don’t have police officers writing of our records and is finding out what lars of fines and jail time. It is 5 years warrants to come into our houses. our reading habits are? in jail if our phone company tells us One of the provisions applies to li- They have to have it reviewed by a they have been spying on us. judge. brary records. Do we really want the Some of this does not even require a What we have done through the PA- government to go and find out what we letter from government. Some of it is TRIOT Act is taken away some of the are reading at the library? done by the banks. The suspicious ac- protections of the fourth amendment. We now have a President who is tivity reports, we have simply told the The fourth amendment says we need to wanting to know where a person has bank: Here, anybody who deals in cash, name the person and the place to be contributed before they do work for the anybody who has over a $5,000 wire searched. We have taken away those government. Do we really want that transfer or who deals in large amounts protections. The fourth amendment kind of all-encompassing government of money—it is incumbent upon the says we need to have probable cause. that is looking at every record from bank to spy on their customers now. We have taken that away and made it top to bottom and invading our pri- This is a real problem, and I think we to, if it is relevant, or we think they vacy? need to have some argument and de- might be related to it. There is another aspect of these so- bate in our country over these things. Originally, the FISA Court lowered called national security letters. These Some want to have these things perma- the standards somewhat on the fourth are basically warrants that are written nently. They want to permanently give amendment, but it recognized that it by FBI agents. No judge reviews them. up their fourth amendment protec- was lowering the standard and was This is specifically what James Otis tions, and I disagree strongly. Not only careful. We had secret courts set up, was worried about when he talked would I let these expire, but I think we and the FISA Court was the court that about general warrants that weren’t should sunset the entire PATRIOT Act dealt with things that had to do with specifying the person or the place and and protect our liberties as intended by national security or terrorism or intel- that were written by police officers. our Founding Fathers. ligence. The information was kept se- This is a problem because this is—we James Otis was an attorney in Bos- cret so we didn’t let everybody in the depend on the checks and balances in ton, and he wrote about these things world know the name, but the name our society. We never want to give all they called, in those days, writs of as- had to be divulged to the judges. Well, of the authority to either one group of sistance. These were general warrants. those who argue that we have to have Congress or to the President or to po- The king would write them—or actu- the PATRIOT Act, or we have to do lice or judges. We have checks and bal- ally they were written by soldiers here. this or we will not be able to stop ter- ances to try to prevent abuse. They did not name the person to be rorism, they need to explain why the Some have said, well, if one has noth- searched or the place, and they were FISA Court did tens of thousands of ing to hide, why do you care? The thing used as a way to have the king have his search warrants and never turned any is, it will not always be angels who are way with the people and to bully the down. In fact, the history before the in charge of government. We have rules people. PATRIOT Act was no search warrant because we want to prevent the day The idea of general warrants is what had ever been turned down. that may occur when we get somebody sorely offended our Founding Fathers. So do we want to give up our lib- who takes over our government That is why we got the fourth amend- erties in exchange for more security? through elected office or otherwise who ment. The fourth amendment was a Franklin said those who give up their is intent on using the tools of govern- product of a decade or more of James liberty in exchange for security may ment to pry into our affairs, to snoop Otis arguing cases against the British end up with neither. on what we are doing, to punish us for Government.

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3218 CONGRESSIONAL RECORD — SENATE May 23, 2011 But the question we have to ask our- Mr. CHAMBLISS. Mr. President, I In short, while this authority is a selves when thinking about these rise in support of invoking cloture on tremendous asset for the FBI and has issues is, is it so simple that we can the motion to proceed to S. 1038, the been used 140 times over the past 5 just say: Well, I am either against ter- PATRIOT Sunsets Extension Act of years, it poses no additional civil lib- rorism or I am going to let terrorists 2011. erties concerns, and it should be re- run wild and take over the country. In 4 days, on May 27, three FISA pro- newed without delay. One can be opposed to terrorists. We visions—the lone wolf, roving wiretap, With regard to section 215, the Busi- can go after terrorists. We can go after and section 215 business records au- ness Records Act, over the past several murderers and rapists and people who thorities—will expire unless Congress years the rallying cry against the PA- commit crimes. But we can do it with acts to reauthorize them. TRIOT Act has centered on section 215 a process that protects the innocent. The House has been working on a FISA business records authority. Sec- I think so far they say we have bill, H.R. 1800, that would make the tion 215 allows the FBI to seek FISA looked at 28 million electronic records. lone wolf provision permanent and ex- Court authority to obtain business We have looked at 1,600,000 text mes- tend the other two provisions until De- records, such as hotel information or sages. We have 800,000 hours of audio. cember 2017. Senators FEINSTEIN and travel records. As with each one of the We have so much audio they do not LEAHY have sponsored bills that would, expiring provisions, the FBI must meet even listen to it all. Twenty-five per- among other things, extend all three the statutory standard of proof. cent of what they have recorded of our provisions until December 2013. The inspector general from the De- phone conversations is not listened to It seems to me that S. 1038, with its partment of Justice conducted several because they do not even have time to extension of the three sunsets until audits of the FBI’s use of section 215 listen to it. June 1, 2015, is a reasonable com- orders and found no abuses of the au- My point would be that we are eaves- promise. Although I believe each one of thority. Director Mueller testified that dropping on so many people it could be these tools should be made permanent, the business records sought by the FBI we are missing out and not targeting. this bill will ensure that our intel- in terrorism investigations are ‘‘abso- Just like at airports—every one of us is ligence professionals have the tools lutely essential to identifying other being searched in the airport. We are they need to keep our Nation safe. persons who may be involved in ter- not terrorists, and we are no threat to There is little disagreement that rorist activities.’’ our country. Why are we not looking these provisions should and must be re- The lone wolf provision: The sole ex- for people who would attack us and authorized. FBI Director Robert piring provision under the PATRIOT spending time on those people? Why do Mueller has testified repeatedly that Act that has not been used by the FBI, we not go to a judge and say: This per- each one of these provisions is impor- prompting some critics to demand its son we suspect of dealing with this ter- tant to both national security as well repeal, is the lone wolf definition of an rorist group. Will you give us a war- as criminal investigations. But their agent of a foreign power. Recent events rant? importance does not end there. Because have demonstrated that self- Why don’t we have those steps? In- of enhanced information-sharing rules radicalizing individuals with no clear stead, we are mining and going through and procedures other parts of the intel- affiliation to existing terrorist groups millions of records. I think we are ligence community, such as the Na- are a growing threat to national secu- overwhelmed with the records that we tional Counterterrorism Center and the rity. The lone wolf provision provides a may well be doing less of a good job National Counterproliferation Center, counter to that threat, at least in the with terrorism because we are looking often depend on the information col- cases of a non-U.S. person who is not at everyone’s records. lected under these provisions. Losing readily identifiable with a particular The bottom line is, I do not want to or changing these authorities could ad- foreign power. live in a country where we give up our The lone wolf provision is a nec- versely impact the intelligence com- freedoms, our privacy. I do not want to essary tool that will only need to be munity’s ability to analyze and share live in a country that loses its con- used in limited circumstances. It is important national intelligence infor- stitutional protections of us as individ- kind of like those ‘‘in case of emer- uals. We do have a right to privacy. We mation. gency break glass’’ boxes that cover According to Director Mueller, with have a right not to have the govern- certain fire alarms and equipment. all the new technology, it is easy for a ment reading our Visa bills every While we may not use it too much, we terrorist target to buy four or five cell month. We do have rights, and we will certainly wish we had it when the phones, use them in quick succession, should protect them. We should not be right situation comes up. and then dump them to avoid being so fearful that we say: Well, I am a In conclusion, I am grateful for the intercepted. He has testified that the good person. I don’t care, just look at leadership of Senators REID and ability to track terrorists when they my records. If we do, we are setting MCCONNELL on this crucial piece of leg- ourselves up for a day when there will do this is ‘‘tremendously important.’’ I islation. This bill will ensure that our be a tyranny, when there will be a des- could not agree more because it is pret- intelligence and law enforcement pro- pot who comes into power in the ty obvious those guys are up to some- fessionals can continue doing what United States and who uses those rules thing, and it is not good. Our enemies they do best, without any additional for which we said: Oh, well, I don’t often know our own laws better than restrictions. have anything to hide. we do. They understand the hoops and Our Nation has been fortunate to What happens when someone takes hurdles the government must clear to have not suffered a sequel to the 9/11 over who believes one’s religion is to be catch up to or stay ahead of them. attacks, and much of the credit goes to combatted, who believes one’s political Keep in mind the FBI cannot use a the dedicated work of our intelligence beliefs and literature should be com- roving wiretap until a court finds prob- and law enforcement professionals. We bated? What happens when that day able cause to believe the target is an owe them not only our thanks but the comes? agent of a foreign power. Some critics recognition that their jobs are as dif- We cannot give up our liberty. If we claim the provision allows the FBI to ficult as it is, and we should not be do, if we give up our liberty and we avoid meeting probable cause as sur- taking any steps that will make their trade it for security, we will have nei- veillance moves from phone to phone. responsibility to protect this country ther. This claim is simply not accurate, as any more difficult. So I rise in opposition to the cloture every roving wiretap must be approved Mr. President, I urge a vote in sup- motion. I will be offering amendments by a FISA Court judge. port of invoking cloture on the motion to the PATRIOT Act this week, and we If a target changes their cell phone to proceed. will be having a real debate about how and the FBI moves to surveil the new I yield the floor and suggest the ab- we can stop terrorism but also preserve phone, the court is notified of that sence of a quorum. freedom at the same time. change. All of the protections for U.S. The PRESIDING OFFICER. The I thank the Chair. person information that apply to any clerk will call the roll. The PRESIDING OFFICER. The Sen- other FISA wiretap also apply to rov- The assistant legislative clerk pro- ator from Georgia. ing wiretaps. ceeded to call the roll.

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 23, 2011 CONGRESSIONAL RECORD — SENATE S3219 Mr. CORNYN. Mr. President, I ask Further, if present and voting, the The assistant legislative clerk pro- unanimous consent that the order for Senator from Tennessee (Mr. CORKER) ceeded to call the roll. the quorum call be rescinded. would have voted ‘‘yea,’’ and the Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ator from Tennessee (Mr. ALEXANDER) ator from Wisconsin. objection, it is so ordered. would have voted ‘‘yea.’’ Mr. JOHNSON of Wisconsin. Mr. CLOTURE MOTION The PRESIDING OFFICER. Are there President, I ask unanimous consent The PRESIDING OFFICER. The clo- any other Senators in the Chamber de- that the order for the quorum call be ture motion having been presented siring to vote? rescinded. under rule XXII, the Chair directs the The yeas and nays resulted—yeas 74, The PRESIDING OFFICER. Without clerk to read the motion. nays 8, as follows: objection, it is so ordered. The assistant legislative clerk read [Rollcall Vote No. 75 Leg.] Mr. JOHNSON of Wisconsin. Mr. as follows: YEAS—74 President, I ask unanimous consent to Akaka Grassley Menendez speak as if in morning business. CLOTURE MOTION Ayotte Hagan Mikulski The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- Barrasso Harkin Moran objection, it is so ordered. ance with the provisions of rule XXII of the Bingaman Hatch Murray DEBT CEILING Standing Rules of the Senate, do hereby Blumenthal Hoeven Nelson (NE) move to bring to a close debate on the mo- Boozman Hutchison Nelson (FL) Mr. JOHNSON of Wisconsin. Mr. tion to proceed to S. 1038, a bill to extend ex- Boxer Inouye Portman President, I come to the Senate floor Burr Isakson Reed piring provisions of the USA PATRIOT Im- Cantwell Johanns for the second time because I am high- provement and Reauthorization Act of 2005 Reid ly concerned. Cardin Johnson (SD) Roberts and the Intelligence Reform and Terrorism Carper Johnson (WI) Rockefeller For the last 31 years, I have been run- Prevention Act of 2004 until June 1, 2015, and Casey Kerry Schumer ning a manufacturing business in Osh- Chambliss Kirk for other purposes. Sessions Coats Klobuchar kosh, WI. During all of that time, I Harry Reid, Dianne Feinstein, Bill Nel- Shaheen son, Amy Klobuchar, Jeff Bingaman, Coburn Kohl have been a very careful observer about Collins Kyl Snowe Richard Blumenthal, Mark R. Warner, Stabenow what has been happening here in Wash- Conrad Landrieu ington. I have been watching how bro- Sheldon Whitehouse, Benjamin L. Coons Lautenberg Thune Cardin, Kay R. Hagan, Kent Conrad, Cornyn Leahy Toomey ken and unworkable our government Charles E. Schumer, Joe Manchin III, Crapo Levin Udall (CO) has become. I have been here now for DeMint Lieberman Udall (NM) Sherrod Brown, Mark L. Pryor, Jeanne 41⁄2 months. Nothing I have seen has Warner Shaheen, Joseph I. Lieberman, Kirsten Enzi Lugar changed my mind. Our political process E. Gillibrand. Feinstein Manchin Webb Franken McCain Wicker here in Washington is broken. The PRESIDING OFFICER. By unan- Gillibrand McConnell Wyden So here is my specific concern: There imous consent, the mandatory quorum NAYS—8 seems to be a growing assumption in call has been waived. Baucus Merkley Sanders this town that eventually—probably at The question is, Is it the sense of the Begich Murkowski Tester the very last minute—some kind of Senate that debate on the motion to Heller Paul grand bargain is going to be struck and proceed to S. 1038, a bill to extend the NOT VOTING—18 we will actually increase the debt ceil- expiring provisions of the USA PA- Alexander Corker Pryor ing limit. That would be great. It will TRIOT Improvement and Reauthoriza- Bennet Durbin Risch be absolutely great if that would hap- tion Act of 2005 and the Intelligence Blunt Graham Rubio pen—if the administration would get Reform and Terrorist Prevention Act Brown (MA) Inhofe Shelby Brown (OH) Lee Vitter serious and work with Republicans to of 2004 until June 1, 2015, and for other Cochran McCaskill Whitehouse actually address the serious fiscal purposes, shall be brought to a close? The PRESIDING OFFICER. On this issues that face this Nation. But I am The yeas and nays are mandatory vote, the yeas are 74, the nays are 8. not so sure we can count on that. under the rule. Three-fifths of the Senators duly cho- The fact is the Democrat-controlled The clerk will call the roll. sen and sworn having voted in the af- Senate has not passed a budget for 754 The assistant legislative clerk called firmative, the motion is agreed to. days. I don’t believe we need any fur- the roll. Mr. DURBIN. Mr. President, I ask the ther evidence that our budget process Mr. REID. I announce that the Sen- RECORD show that had I been present in this Chamber is broken. So, in my ator from Colorado (Mr. BENNET), the for vote No. 75, I would have voted mind, not raising the debt ceiling is a Senator from Ohio (Mr. BROWN), the ‘‘yea’’ on the motion to invoke cloture very real possibility. I am afraid this Senator from Illinois (Mr. DURBIN), the on the motion to proceed to S. 1038. I administration is totally ignoring that Senator from Missouri (Mrs. unfortunately missed the vote after possibility. It appears it has absolutely MCCASKILL), the Senator from Arkan- being unavoidably detained due to me- no plan B. It has no contingency plan. sas (Mr. PRYOR), and the Senator from chanical issues with U.S. Airways As I mentioned, I have been running Rhode Island (Mr. WHITEHOUSE) are flight No. 2039. a business for the last 31 years. When necessarily absent. Mr. BENNET. Mr. President, I unfor- you run a business, things often do not I further announce that, if present tunately experienced a travel delay on go according to plan. Every day, mil- and voting, the Senator from Colorado my way back to Washington this lions of American businessmen and (Mr. BENNET) and the Senator from Illi- evening and was unable to make to- businesswomen try to anticipate the nois (Mr. DURBIN) would each vote night’s procedural vote on whether to problems on the horizon. They develop ‘‘yea.’’ reauthorize a portion of the PATRIOT contingency plans in case those prob- Mr. KYL. The following Senators are Act. My plane was late, and the Senate lems arise. That is what responsible necessarily absent: the Senator from had to close the vote at 6 to ensure leaders do. Government should be no Tennessee (Mr. ALEXANDER), the Sen- that 30 hours of postcloture time ex- different. ator from Missouri (Mr. BLUNT), the pires by midnight tomorrow night. But instead of being responsible, this Senator from Massachusetts (Mr. Keeping to this schedule is important administration seems to be making a BROWN), the Senator from Mississippi since three provisions of the USA PA- concerted effort to scare the American (Mr. COCHRAN), the Senator from Ten- TRIOT Act are scheduled to expire public and scare the markets in a very nessee (Mr. CORKER), the Senator from later this week. transparent attempt to force Repub- South Carolina (Mr. GRAHAM), the Sen- Had I been present, I would have licans in Congress to increase the debt ator from Oklahoma (Mr. INHOFE), the voted ‘‘yea.’’ I would thus ask to let ceiling without enacting the structural Senator from Utah (Mr. LEE), the Sen- the RECORD reflect that I would have budget and spending reforms we need ator from Idaho (Mr. RISCH), the Sen- voted ‘‘yea’’ on Recorded Vote No. 75. to make to prevent this Nation from ator from Florida (Mr. RUBIO), the Sen- Ms. KLOBUCHAR. Mr. President, I going bankrupt. Instead of scaring the ator from Alabama (Mr. SHELBY), and suggest the absence of a quorum. markets, the administration should be the Senator from Louisiana (Mr. The PRESIDING OFFICER (Mr. seeking to calm the markets by devel- VITTER). MANCHIN). The clerk will call the roll. oping a contingency plan just in case

VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3220 CONGRESSIONAL RECORD — SENATE May 23, 2011 the debt ceiling is not increased in APOLLO GROUP, INC. STATEMENT FOR THE the University’s commitment to the needs time. That would be the prudent thing RECORD and concerns of its student body. to do. That would be the responsible Apollo Group, Inc. respectfully submits f this response to the statement delivered thing to do. TRIBUTE TO HAL DAVID So, today, I am calling on President today by Senator Tom Harkin on the issue of Obama to begin planning ahead so that military educational benefits. Mr. LEAHY. Mr. President, I would failure to raise the debt ceiling does During this statement, Senator Harkin like to take a moment to congratulate not immediately turn into a totally cited a complaint submitted by a student at Hal David on his upcoming 90th birth- the University of Phoenix in April 2009. As unnecessary crisis. day. Hal is a pioneer in the music in- part of the U.S. Senate Committee on dustry and a world class lyricist, hav- Mr. President, I yield the floor. Health, Education, Labor and Pension’s in- f vestigation into for-profit higher education, ing composed some of the most endur- ing songs in American popular music. MORNING BUSINESS Apollo Group voluntarily produced this com- plaint and the documents relating to its res- Marcelle and I spend many wonderful olution, along with tens of thousands of evenings with him and so enjoy hearing WOMEN VETERANS pages of additional documents on a wide his stories of not only his song writing, range of subjects. Apollo Group remains but others. Ms. MIKULSKI. Mr. President, I committed to cooperating with the Commit- Hal was born on May 25, 1921, in want to take this opportunity to salute tee’s investigation. Brooklyn, NY, and was the son of two the women who have served in the U.S. University of Phoenix is the largest pri- immigrants. He served in the U.S. Armed Forces and honor the sacrifices vate university in North America, serving a current population of over 400,000 students. Army Entertainment Section in the they have made for our country. Central Pacific during World War II Long before they were welcomed as As with any institution of higher learning, with Carl Reiner and Werner members of the military, women the University receives complaints from its Klemperer. The dedication to his coun- played an important role in supporting students. It takes those complaints very se- riously and works hard to investigate and try and the entertainment he provided our troops. Since the American Revolu- address students’ concerns in a timely, effi- for the men serving will never be for- tion, women have tended to the wound- cient, and appropriate manner. The Univer- ed and provided care to our soldiers. In gotten. sity’s Office of Dispute Resolution admin- Hal’s musical writing career took off the early 20th century, women an- isters an industry-leading dispute resolution with his first hit record ‘‘The Four swered the ultimate call to duty and process to investigate and resolve com- Winds and the Seven Seas.’’ His leg- began to serve proudly in our Armed plaints like the one referenced by Senator Forces. Harkin. endary collaboration with composer These early women veterans were Notwithstanding the charges cited by Sen- Burt Bacharach began in 1957 with the trailblazers, creating new opportuni- ator Harkin, it is important to consider the Marty Robbins hit ‘‘The Story of My ties for the women that follow in their facts of this particular complaint and how it Life’’ and included other hits such as footsteps. They gave all that they was investigated and resolved by the Office ‘‘Magic Moments’’ and ‘‘What the of Dispute Resolution. Specifically, the doc- could to protect and defend our coun- World Needs Now is Love.’’ Through uments reveal that this student was dissatis- this successful partnership, Hal and try, often without the same recogni- fied because he or she did not receive a de- tion given to their male counterparts. gree one year after enrollment. After dili- Burt Bacharach were nominated for Today, women serve at all levels of the gent inquiry, the Office determined that the four Academy Awards and won the armed services as combat pilots, med- student’s grievance stemmed from the Uni- Oscar for best song in the 1969 film ical care professionals, engineers, and versity’s denial of the student’s request to ‘‘Butch Cassidy and the Sundance Kid’’ police officers. waive certain curriculum requirements with ‘‘Raindrops.’’ There are over 1.8 million women vet- based on credits received from another insti- Hal David also works on legislative erans in the United States and the role tution fourteen (14) years earlier. That de- efforts as a board member on the of women in the armed services con- nial was based on a determination that those American Society of Composers, Au- prior credits were outdated and not equiva- thors, and Publishers, ASCAP, and led tinues to grow. Over 212,000 women lent to the credits required as part of the ap- have served actively in Iraq and Af- plicable curriculum at the University. The the battle against source licensing. ghanistan. More than 120 women sol- Office did not find any evidence that the stu- During Hal’s time as chairman and diers have sacrificed their lives and dent had been promised that he or she would CEO of the Songwriters Hall of Fame, many more have been wounded. These complete the degree program within one he helped launch the Songwriters Hall women have played an integral role in year, as the student alleged. Further inves- of Fame Gallery at the Grammy Mu- our military’s success, working closely tigation has determined that the student did seum in Los Angeles. with ground combat troops. complete the degree program at the Univer- Hal’s achievements have earned rec- Women have been and continue to be sity, based on educational coursework that ognition on a local and international met current academic standards, and re- stage. He has been inducted into the a vital part of the military. Their brav- ceived a degree within a year after filing the ery and patriotism is without question. complaint and within two years of entering Nashville Songwriters Hall of Fame Their contributions demand recogni- University of Phoenix. and the Songwriter Hall of Fame, tion. We must pay tribute to those Senator Harkin pointed out that the stu- which honors the most popular songs women veterans who answered the call dent who filed this complaint is a veteran from around the world. He was also the to defend America. who attended University of Phoenix on the first non-British award recipient to re- On behalf of myself, and speaking for GI Bill. The University is committed to serv- ceive the Recording Academy and Ivor the thousands of women who have ben- ing the needs of its military and veteran stu- Novello Award bestowed by the British efited from their example, I would like dents and believes that it provides an acces- Performing Rights Society. I commend to recognize and thank the women who sible and flexible option for this segment of its student population. The University has him on his impressive lyricist career have served our country, proudly and long served military students, resulting in that has entertained countless Ameri- with honor. its recognition as a military friendly school cans and citizens around the world. Hal f by GI Jobs, civilianjobs.com, and, most re- David is a dedicated and talented lyri- cently, Military Advanced Education in cist and friend, and I am pleased to join FOR-PROFIT EDUCATION their Third Annual Guide to America’s Top COMPANIES in wishing him a happy 90th birthday Military-Friendly Colleges and Universities. and all the best in his future endeav- Mr. HARKIN. Mr. President, during University of Phoenix’s service of military ors. my floor speech last Thursday on for- students is driven by its mission to provide profit education, I neglected to insert a access to higher education for historically f underserved populations. The University letter into the RECORD. I ask unani- ADDITIONAL STATEMENTS mous consent that the following letter takes this mission extremely seriously and strives continually to improve the experi- from Apollo Education Group be print- ence and opportunities for the many thou- TRIBUTE TO REUBEN SALTERS ed in the RECORD. sands of students who have put their trust in There being no objection, the mate- it. The University’s industry-leading dispute ∑ Mr. CARPER. Mr. President, on be- rial was ordered to be printed in the resolution process is a critical component of half of Senator CHRIS COONS, Congress- RECORD, as follows: its efforts in this regard and demonstrates man JOHN CARNEY and myself, I pay

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