[Congressional Record Volume 158, Number 113 (Thursday, July 26, 2012)]
[Senate]
[Pages S5470-S5471]
EXTENSION OF THE FISA AMENDMENTS ACT
Mr. LEAHY. Last week, the Judiciary Committee considered S.3276, a
bill reauthorizing the surveillance provisions of the FISA Amendments
Act of 2008, which is set to expire at the end of this year. The
Director of National Intelligence and the Attorney General have both
stated that reauthorization of these important national security
authorities is the ``top legislative priority of the Intelligence
Community.''
After the Senate Select Committee on Intelligence reported its
reauthorization bill, I asked for a sequential referral. Senator
Grassley joined me in that request. It was for a limited time and had
we not completed our markup last Thursday, time might well have expired
for this committee to act on it. I was surprised last week and since to
be criticized for seeking to improve the
[[Page S5471]]
bill within its four corners. I thought that was why we sought the
sequential referral, in order to consider and improve the bill where we
could.
I worked with Senator Feinstein, the chair of the Select Committee on
Intelligence. We came to an understanding and she supported the
substitute amendment I offered to shorten the sunset and add more
accountability and oversight protections. I thank her for that. I am
always willing to work with the Senator from California, who is so
diligent in her efforts on the Intelligence Committee. We reached a
good compromise and agreement.
I had circulated the core of my amendment, to shorten the sunset,
back on July 11, before the bill was to be considered. At the request
of Republican members of the Judiciary Committee, the bill was held
over. I protected their right to do so under our rules. We finally
proceeded to the bill last Thursday, July 19. Despite the delay, no
Republicans spoke to me about any potential amendments to the bill.
Instead, the evening before the delayed markup, for the first time,
Republican offices circulated scores of amendments. It is unfortunate
that there have been mischaracterizations of our committee process.
Contrary to the statements of some on the other side, no one was
precluded from offering an amendment. In fact, a number were offered by
Republican Senators. The committee proceeded to vote on Senator Kyl's
amendment, for example, to create a new material support of terrorism
offense in title 18, and rejected it after Senator Feinstein argued
against including it on this important measure, despite her support for
the substance of the amendment. We proceeded to vote on Senator Lee's
amendment, which was about FISA surveillance, and it, too, was
defeated. So despite the misstatements to the contrary, the committee
proceeded to consider and reject amendments.
There came a point during our initial 2-hour markup when Senator
Feinstein urged that amendments about matters not involving the FISA
Amendments Act extension be considered on other vehicles at other
times, and moved to table amendments. Those motions prevailed. We have
had such motions before and sometimes they succeed.
After 2 hours, as Republican Senators left, we lost a quorum and had
to reconvene to vote on reporting the bill as amended to the Senate. I
thank those Senators from both sides of the aisle who reconvened. The
committee voted to report the measure and was able to do so within the
short timeframe of our sequential referral.
The FISA Amendments Act legislation is a top priority of the
administration and our intelligence community. We have all acknowledged
that. The ranking member acknowledged that it is ``a program vital to
our national security.'' A number of Republicans proclaimed last week
that they were ready to expedite consideration of the measure and would
not offer amendments. Then, when the committee adopted the June 2015
sunset date instead of one of the 2017 dates in other versions of the
bill, they changed position and sought to use it as a vehicle for
extraneous matters and to offer a number of riders to it that were
rejected. I do not understand that logic and why the change in the
sunset date or the addition of oversight provisions should change the
character of the bill or its importance to our national security. The
bill is needed to continue the authority to conduct electronic
surveillance of non-U.S. persons overseas under certain procedures
approved by the FISA Court.
The Justice Department and DNI have told us:
[It] is vital in keeping the Nation safe. It provides
information about the plans and identities of terrorists,
allowing us to glimpse inside terrorist organizations and
obtain information about how those groups function and
receive support. In addition, it lets us collect information
about the intentions and capabilities of weapons
proliferators and other foreign adversaries who threaten the
United States. Failure to reauthorize Section 702 would
result in a loss of significant intelligence and impede the
ability of the intelligence community to respond quickly to
new threats and intelligence opportunities.
The committee agreed with Senator Feinstein when she asked us not to
open the bill up to ``extraneous amendments.'' As it was, the committee
considered half a dozen amendments offered by Republican Senators. I
appreciated Senator Kyl volunteering to have his staff convene a
meeting to consider amendments to our terrorist statutes that he does
not think will be controversial.
Notably, the vast majority of the amendments filed and offered by the
Republicans would not have changed or added a single word to either the
underlying bill or the underlying statute. Senator Lee's amendment was
the only Republican amendment that dealt in any way with the relevant
FISA authorities. That amendment received an up-or-down vote by the
committee, and most Republican members voted against it.
Once it became clear that the Republican Senators intended to offer a
series of extraneous amendments, Senator Feinstein moved to table
amendments that were not germane to her bill. She has that right. I
protect the rights of all members of the committee, Republicans and
Democrats. Four such amendments were tabled, but notably they were
tabled by a vote of the full committee, not simply through a ruling by
the chairman or my making up rules, as Republican chairmen have done in
the past. Indeed, although a motion to table is typically not subject
to debate, I asked the committee's indulgence to permit such
discussion. No Senator was cut off from offering amendments or engaging
in debate.
It is telling that the two amendments that Senator Grassley offered
during the committee's consideration of the FISA Amendments Act had
absolutely no connection whatsoever with the provisions of title VII of
FISA. The first amendment that Senator Grassley offered would have
added the death penalty as a punishment to certain crimes involving
weapons of mass destruction. The second amendment that he offered would
have required a Department of Justice Inspector General audit of
criminal wiretap applications from 2009 to 2010. This amendment may be
important to Senator Grassley in the context of the Fast and Furious
controversy, but it certainly is not relevant to the FISA Amendments
Act. Senator Feinstein moved to table both amendments and the motion
carried each time.
Let us be accurate, Republican members of the committee were afforded
the opportunity to offer amendments, even ones outside the scope of the
legislation. The committee has a process, and we followed that process.
I understand that Republican Senators are disappointed that they were
not able to use the FISA Amendments Act legislation as a vehicle to
carry other legislation. I am disappointed that, as with so many good
bills the committee has reported, there was so little Republican
support for a measure that everyone concedes is vital to our national
security. Like the Violence Against Women Reauthorization Act, which
received no Republican vote on this committee; and the Second Chance
Act, which received no Republican votes on this committee after a
number of Republican amendments were considered and even though it had
been a program strongly supported by Republicans historically; the FISA
Amendments Act Sunsets Extension Act was not supported by a single
Republican Senator on this committee.
Let me remind Senators, again, that the Director of National
Intelligence and the Attorney General have emphasized that the
reauthorization of the FISA Amendments Act is the intelligence
community's ``top legislative priority.'' I encourage any Senator who
has not yet done so to review the classified information that the
administration has provided to Congress about the implementation of the
FISA Amendments Act. This is a measure that requires serious debate and
swift action not partisan bickering or baseless accusations. I
sincerely hope that we can set aside the election year posturing and
press ahead with consideration of this important national security
measure. The American people deserve no less.
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