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Congressional Record—Senate S3210 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 VerDate Mar 15 2010 00:54 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S23MY1.REC S23MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 23, 2011 CONGRESSIONAL RECORD — SENATE S3211 showing to the FISA Court that the ac- ing dams in California and the Dallas classified and discussion of them here tions of a terrorist or spy may have the residence of former President George would harm our ability to identify and effect of thwarting intelligence. In W. 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.
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