[Congressional Record: August 2, 2011 (Senate)]
[Page S5239-S5240]
INTELLIGENCE AUTHORIZATION
Mr. WYDEN. Mr. President, I would like to briefly address S. 1458,
the intelligence authorization bill for fiscal year 2012, which has now
been reported by the Select Committee on Intelligence. I know that the
chair and vice chair of the committee, Senator Feinstein and Senator
Chambliss, along with their respective staff, have worked hard on this
bill, and I support nearly every provision in it. However, I strongly
disagree with the decision to include a 3-year extension of the FISA
Amendments Act of 2008 in this bill, and it is my intention to object
to any request to pass this bill by unanimous consent. Consistent with
my own policy and Senate rules, I am announcing my intention to object
by placing a notice in the Congressional Record.
As most of my colleagues remember, Congress passed the FISA
Amendments Act in 2008 in an effort to give the government new
authorities to conduct surveillance of foreigners outside the United
States. The bill contained an expiration date of December 2012, and the
purpose of this expiration date was to force Members of Congress to
come back in a few years and examine whether these new authorities had
been interpreted and implemented as intended.
I believe that Congress has not yet adequately examined this issue
and that there are important questions that need to be answered before
the FISA Amendments Act is given a long-term extension.
The central section of the FISA Amendments Act, the part that is now
section 702 of the Foreign Intelligence Surveillance Act itself,
specifically stated that it was intended to address foreigners outside
the United States, and it even required the Attorney General to develop
procedures designed to make sure that any individuals targeted with
this new authority are believed to be outside the United States. So one
of the central questions that Congress needs to ask is, Are these
procedures working as intended? Are they keeping the communications of
law-abiding Americans from being swept up under this authority that was
designed to apply to foreigners?
I wanted to know the answer to this question, so Senator Udall of
Colorado and I wrote to the Director of National Intelligence if it was
possible to count or estimate the number of people inside
[[Page S5240]]
the United States whose communications had been reviewed under section
702 of the FISA Amendments Act. The response we got was prompt and
candid. The response said ``it is not reasonably possible to identify
the number of people located in the United States whose communications
may have been reviewed under the authority'' of the FISA Amendments
Act.
I should be clear that I do not plan to accept this response as a
final answer. I understand that it may be difficult to come up with an
exact count of the number of people in the United States whose
communications have been reviewed, but I believe Congress at least
needs to obtain an estimate of this number so that people can
understand the actual impact of the FISA Amendments Act on the privacy
of law-abiding Americans.
During the markup of the intelligence authorization bill, Senator
Udall of Colorado and I proposed an amendment that would have directed
the inspector general of the Department of Justice to review the
implementation of the FISA Amendments Act and attempt to estimate how
many people inside the United States have had their communications
reviewed under this law since it was passed 3 years ago. Our amendment
also would have directed the inspector general to examine other
important aspects of the FISA Amendments Act, including the problem of
recurring compliance violations, and report back to Congress within 1
year.
I regret that the amendment that Senator Udall of Colorado and I
offered was not adopted, but I obviously plan to keep trying to get
more information about the effects of this law. I hope that I will find
out that no law-abiding Americans, or at least very few, have had their
communications reviewed by government agencies as a result of this law,
but I believe that I have a responsibility to get concrete facts rather
than just hope that this is not the case. And I believe that it would
be not be responsible for the Senate to pass a multiyear extension of
the FISA Amendments Act until I and others who have concerns have had
our questions answered.
I look forward to working with my colleagues to amend this bill, and
I am hopeful that they will be willing to modify it to address the
concerns I have raised. In the meantime, I should be clear that it is
my intention to object to any request to pass the current version of S.
1458 by unanimous consent.
____________________