Prepared Floor Statement of Ranking Member Chuck Grassley
On the Motion to Proceed to the USA PATRIOT Act Extension
Monday, May 23, 2011
Mr. President. We find ourselves again in the situation of extending key provisions of the USA PATRIOT Act. These three provisions, roving wiretaps, section 215 business record orders, and the lone wolf provision are important tools used to investigate and prevent terrorist attacks. They have been reauthorized a number of times, but it seems that in recent years we’ve been discussing only short term extensions of these critical tools.
That is why I will support the cloture petition on moving to S.1038 today. This legislation provides a four-year extension of the three expiring provisions without any substantive changes to the existing authorities.
Regardless of my support for today’s cloture vote, I support a permanent extension of the three expiring provisions. Having this debate year after year offers little certainty to agents utilizing these provisions to combat terrorism. It also leads to operational uncertainty, jeopardizes collection of critical intelligence, and could lead to compliance and reporting problems if the reauthorization occurs too close to the expiration.
If we believe these tools are necessary, we need to provide some certainty as opposed to simply revisiting the law year after year. Given the indefinite threat we face from acts of terrorism, it is my view that we should permanently reauthorize these three expiring provisions.
This position is supported by the agents on the ground using these tools every day. I have letters of support from the Federal Bureau of Investigation Agents Association supporting a permanent reauthorization of the three expiring provisions. The Federal Law Enforcement Officers Association also supports a permanent extension of the provisions.
In fact, a very important passage of that letter states, “Crime and terrorism will not “sunset” and are still targeting our nation and American citizens. Just like handcuffs, [the PATRIOT Act] should be a permanent part of the law enforcement arsenal.” Another letter from the Society of Former Special Agents of the Federal Bureau of Investigation adds, “We urge Congress to reauthorize the expiring provisions of the Patriot Act permanently and without restrictions as the three expiring provisions are essential to the security of our country.” Mr. President, I ask unanimous consent to make these letters a part of the record.
In addition to the agents on the ground, we’ve heard strong support for extending the expiring provisions of the PATRIOT Act from members of the Bush and Obama administrations. We’ve heard testimony from the Director of the FBI, the Attorney General, and the Director of National Intelligence about the strong need to reauthorize these provisions. These same offices have recommended extending the provisions regardless of political ideology as both Republican and Democrat administrations have backed the extensions.
The four-year extension we are voting on today is a step in the right direction. Extending the three expiring provisions, without any substantive amendment that would restrict or curtail the use of these tools, is important given the recent actions that led to the death of Osama Bin Laden. Now is not the time to place new restrictions and heightened evidentiary standards on critical national security tools.
A lot has been said about these provisions and unfortunately most of what has been said is incorrect. Congress enacted these provisions and reauthorized them in 2005 following the 9/11 Commission report which criticized the way our agents failed to piece together clues. Since that time, the three expiring provisions have provided a great deal of information to agents that have helped thwart terrorist attacks.
For example, in testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, Robert Litt, the General Counsel from the Office of the Director of National Intelligence testified that a section 215 order was used as part of the investigation by the FBI into Khalid Aldawasari who was arrested in Texas. It was later revealed in the criminal case that he was purchasing explosive chemicals and bomb making components online and had scouted targets in Texas.
Mr. Litt also testified that section 215 orders were utilized to obtain hotel records in a case where a suspected spy had arranged lodging for intelligence officers. He also discussed the roving wiretap provision and how it is used to help agents track foreign agents operating inside the United States who switch cellular phones frequently. These examples are limited not because the authorities aren’t valuable, but because of how sensitive the investigations are that utilize these authorities.
While the need for keeping national security matters classified may prevent the open discussion of further examples in this setting, it is important to note that these provisions are constantly under strict scrutiny by the Inspector General at the Department of Justice and by congressional oversight. In fact, in a March 2008 report, the Justice Department Inspector General examined the FBI’s use of section 215 orders and found, “We did not identify any illegal use of section 215 authority.” Further, there are no reported abuses of the roving surveillance authority. And the “lone wolf” provision has not yet been utilized, so it is without abuse as well.
While I agree that these three provisions should be subject to strict scrutiny from inspectors general and Congress, that oversight authority already exists in the law and does not require amendment to these tools to achieve that goal. As such, it is important that Congress reauthorize these provisions quickly and without amendment.
I urge my colleagues to vote in support of the cloture petition on the motion to proceed on S.1038 because it provides a clean reauthorization of these vital tools for four-years without substantive changes. While four-years is a far cry from the permanence that I feel is necessary on these provisions, it does provide more certainty and predictability than continuing to pass short term extension after extension.
I yield the floor.
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