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BIG SPENDERS AND THE HIGH-TAX
GUYS GOT SHELLACKED?
I THOUGHT CONGRESS WOULD GET THE
MESSAGE.
APPARENTLY WE HAVEN'T.
THE DEBT SITUATION
THING.
WE'RE IN IS NOT A LITTLE BITTY
UNDER THE CONGRESSIONAL BUDGET
OFFICE ANALYSIS -- WE CALL IT
SCORING -- OF PRESIDENT OBAMA'S
TEN-YEAR BUDGET, LAST YEAR WE
HAD INTEREST ON THE DEBT THAT WE
NOW OWE OF A LITTLE OVER $200
BILLION.
ACCORDING TO THE ANALYSIS OF THE
PRESIDENT'S BUDGET, IN THE
10th YEAR UNDER HIS PLAN, THE
CONGRESSIONAL BUDGET OFFICE
ESTIMATES THAT WE WILL PAY IN
INTEREST IN ONE YEAR
$940 BILLION.
NOW, I KNOW THAT'S SO MUCH MONEY
AND IT'S DIFFICULT FOR PEOPLE
COMPREHEND IT.
ALABAMA IS A STATE OF JUST ABOUT
AVERAGE SIZE.
WE'RE ABOUT 1/50th OF THE
UNITED STATES.
WE HAVE A LEAN GOVERNMENT THAT'S
MAKING SOME SERIOUS REDUCTIONS
IN SPENDING BECAUSE OUR MONEY
HASN'T COMING IN -- COME IN, AND
WE HAVE A CONSTITUTIONAL
AMENDMENT THAT REQUIRES THE
BUDGET TO BE BALANCED.
BUT THE AMOUNT OF MONEY THAT
ALABAMA SPENDS ON ITS GENERAL
FUND OBLIGATIONS IS
$1.8 BILLION.
AND UNDER THE BUDGET THAT HAS
BEEN SUBMITTED TO US BY THE
PRESIDENT TWO OR THREE MONTHS
AGO, JUST HIS PROPOSAL --
CONGRESS HAS TO PASS THE BUDGET,
NOT THE PRESIDENT; HE SUBMITTED
HIS PROPOSAL -- IT WOULD CAUSE
THE INTEREST ON OUR DEBT IN ONE
YEAR TO REACH $940 BILLION.
THAT'S WAY ABOVE WHAT WE SPEND
ON DEFENSE.
IT'S WAY ABOVE WHAT WE SPEND ON
MEDICARE.
IT'S THE FASTEST-GROWING ITEM IN
THE ENTIRE SPENDING PLAN OF
AMERICA, INTEREST ON THE DEBT.
AND THAT'S WHY MR. BERNANKE,
CHAIRMAN OF THE FEDERAL RESERVE,
MR. ALAN GREENSPAN, OUR FORMER
CHAIRMAN, THE INTERNATIONAL
MONETARY FUND, MOODY'S, THE DEBT
COMMISSION HAVE ALL TOLD US THIS
CONTINUE.
IS UNSUSTAINABLE, YOU CAN'T
DEBT CRISIS.
WE WON'T GO TEN YEARS WITHOUT A
WHEN ASKED, MR. BOWLES SAID WE
COULD HAVE ONE IN TWO YEARS,
MAYBE A LITTLE SOONER, MAYBE A
LITTLE LATER.
I'M NOT PREDICTING THAT.
BUT IF WE DON'T CHANGE, THAT
COULD HAPPEN, AS EXPERT AFTER
EXPERT HAS SAID.
SO I HOPE THAT SOMEHOW, SOME WAY
IN THE DAYS TO COME THAT WE'LL
SEE THE REGULAR ORDER BE
REESTABLISHED, THAT OUR
COLLEAGUES -- THEY SAY THEY'VE
GOT A BUDGET, THEY SAY THEY'VE
THEY'VE -- THEY'VE CERTAINLY
TALKED TO THE DEMOCRATIC MEMBERS
ON MORE THAN ONE OCCASION ABOUT
IT.
LET'S BRING IT FORWARD AND LET'S
SEE IT.
MAYBE IT HAS SOME GOOD THINGS
THAT WE COULD AGREE ON.
IT WILL PROBABLY HAVE SOME
THINGS I WOULDN'T AGREE ON.
BUT IT COULD BE PASSED.
YOU CAN'T FILIBUSTER A BUDGET.
UNDER THE BUDGET ACT, IT CAN BE
PASSED BY A SIMPLE MAJORITY.
A BUDGET CAN CLEAR THE UNITED
STATES SENATE.
BUT YOU KNOW WHAT?
IF YOU PRODUCE A BUDGET, YOU
HAVE TO TELL THE AMERICAN PEOPLE
WHAT YOU REALLY BELIEVE ABOUT
AMERICA, WHERE YOU REALLY WANT
THIS COUNTRY TO GO.
DO YOU WANT A LIMITED GOVERNMENT
OR YOU WANT TO CONTINUE TO
EXPAND A LARGER AND LARGER
GOVERNMENT?
DO YOU WANT TO RAISE TAXES MORE
AND NOR TO SUSTAIN SPENDING
LEVELS HIGHER THAN WE'VE EVER
HAD THEM BEFORE?
IS THAT WHAT WE WANT?
OR ARE YOU PREPARED TO MAKE
REDUCTIONS IN SPENDING?
ONE OR THE OTHER HAS TO OCCUR.
WE CANNOT CONTINUE TO BORROW AT
THE RATE WE ARE BORROWING, AS
EVERY EXPERT HAS TOLD US.
SO I'M CHALLENGING THE LEADERS
OF THIS SENATE WHO ASKED FOR THE
JOB, WHO ASKED TO BE LEADERS OF
THE SENATE, ASKED TO BE GIVEN
THE RESPONSIBILITY OF HELPING
GUIDE OUR NATION, TO STEP
FORWARD AND PROVIDE LEADERSHIP.
IN THE JOINT STATEMENT ISSUED BY
MR. BOWLES AND BY ALAN SIMPSON
THAT THEY SUBMITTED TO THE
BUDGET COMMITTEE, THEY SAID THIS
NATION HAS NEVER FACED A MORE
CERTAIN FINANCIAL CRISIS.
ACTUALLY, I'LL GET THE WORDS
STRAIGHT.
THE NATION HAS NEVER FACED A
CRISIS.
MORE PREDICTABLE FINANCIAL
IN OTHER WORDS, TO THE EXPERTS
THAT THEY HEARD FROM AND WHO
TESTIFIED TO THEM AND BASED ON
THEIR OWN STUDY, THEY BELIEVE
WE'RE HEADING TO A FINANCIAL
CRISIS.
ALAN GREENSPAN RECENTLY SAID I
THINK THE CONGRESS WILL AT SOME
POINT PASS REFORM IN SPENDING
AND BUDGET MATTERS.
THE ONLY QUESTION IS, WILL THEY
PASS IT BEFORE OR AFTER THE DEBT
CRISIS HITS.
SO WE HAVE THAT CHALLENGE.
WE ARE -- WE HAVE NO HIGHER DUTY
THAN TO PROTECT OUR PEOPLE FROM
A FORESEEABLE DANGER.
THAT DANGER IS OUT THERE.
WE'RE HEADING RIGHT TOWARD IT.
IT'S TIME FOR TO US STAND UP AND
BE HONEST AND FACE THAT
CHALLENGE.
AND I DON'T BELIEVE BUSINESS AS
USUAL SHOULD CONTINUE AND I WILL
ABLE.
IT INSOFAR AS I'M
I WOULD THANK THE CHAIR AND
YIELD THE FLOOR AND NOTE THE
ABSENCE OF A QUORUM.
THE CLERK
WILL CALL THE ROLL.
QUORUM CALL:
QUORUM CALL:
THE
SENATOR FROM CALIFORNIA.
I ASK
UNANIMOUS CONSENT THAT THE
QUORUM CALL BE VITIATED.
WITHOUT
OBJECTION.
THANK YOU,
MR. PRESIDENT.
MORNING
BUSINESS IS CLOSED.
UNDER THE PREVIOUS ORDER, THE
SENATE WILL BE RESUME
CONSIDERATION OF THE MOTION TO
PROCEED TO SENATE -- S. 1038,
WHICH THE CLERK WILL REPORT.
MOTION TO PROCEED
TO THE CONSIDERATION OF S. 1038,
A BILL TO EXTEND SPYING
PROVISIONS OF THE U.S.A. PATRIOT
IMPROVEMENT AND REAUTHORIZATION
ACT OF 2005 AND SO FORTH AND FOR
OTHER PURPOSES.
I THANK THE
CLERK VERY MUCH.
MR. PRESIDENT, AS CHAIRMAN OF
THE SENATE INTELLIGENCE
COMMITTEE, I WANT TO POINT OUT
THAT AS OF FRIDAY, THERE ARE
THREE PROVISIONS OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT
WHICH ARE GOING TO EXPIRE.
THOSE THREE PROVISIONS ARE
SOMETHING CALLED THE ROVING
WIRETAPS, THE LONE WOLF
PROVISION AND THE BUSINESS
RECORDS AUTHORITY.
BECAUSE OF PRIOR DISCUSSIONS,
LET ME POINT OUT UP FRONT THAT
THIS DOES NOT INCLUDE NATIONAL
SECURITY LETTERS.
JUST THESE THREE PROVISIONS --
ROVING WIRETAPS, LONE WOLF AND
THE BUSINESS RECORDS AUTHORITY.
I VERY MUCH APPRECIATE THAT THE
MAJORITY LEADER AND THE
REPUBLICAN LEADER HAVE COME
TOGETHER IN AGREEMENT TO BRING
THIS LEGISLATION TO THE SENATE
FLOOR.
AND BECAUSE OF ITS IMPORTANCE,
PARTICULARLY AT THIS POINT IN
TIME, I HOPE WE WILL BE ABLE TO
CONCLUDE THIS BUSINESS AND SEE
THAT THESE PROVISIONS ARE
EXTENDED FOR FOUR YEARS BEFORE
FRIDAY.
MANY OF US STRONGLY BELIEVE WHEN
IT COMES TO NATIONAL SECURITY,
THERE SHOULD BE NO PARTISAN
DIVIDE, ONLY STRONG BIPARTISAN
SUPPORT.
AND SO THIS MEASURE SHOULD
RECEIVE A SUBSTANTIAL VOTE THIS
AFTERNOON, AND THE SENATE WILL
PASS IT QUICKLY THIS WEEK BEFORE
THESE KEY AUTHORITIES EXPIRE.
BUT BEFORE TALKING ABOUT THE
SUBSTANCE OF THE LEGISLATION,
LET ME DESCRIBE THE CONTEXT IN
WHICH THIS DEBATE OCCURS.
THREE WEEKS AGO, ON MAY 1, THE
UNITED STATES CARRIED OUT A
RISKY, COMPLICATED BUT
ULTIMATELY SUCCESSFUL STRIKE
ABBOTTABAD, PAKISTAN.
AGAINST OSAMA BIN LADEN IN
THE STRIKE WAS THE CULMINATION
OF NEARLY A DECADE-LONG
INVESTIGATION TO LOCATE BIN
LADEN.
FINDING BIN LADEN WAS THE
PRODUCT OF MULTIPLE INTELLIGENCE
SOURCES AND COLLECTION METHODS.
IT WAS A SEAMLESS EFFORT LED BY
THE C.I.A. WITH IMPORTANT
CONTRIBUTIONS FROM THE NATIONAL
SECURITY AGENCY, KNOWN AS THE
N.S.A., AND THE NATIONAL
GEOSPATIAL INTELLIGENCE AGENCY
AS WELL.
THE INTELLIGENCE MECHANISMS,
THEIR KPWHRAOED AND COUNTER--
EMEMPLOYED AND COUNTERTERRORISM
OPERATIONS ARE REGULARLY
REVIEWED BY THE SENATE
INTELLIGENCE COMMITTEE.
SOME ARE ALSO OVERSEEN BY THE
JUDICIARY COMMITTEE, ON WHICH I
ALSO HAVE THE PLEASURE TO SERVE.
THESE INTELLIGENCE TOOLS INCLUDE
THE PROVISIONS OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT,
OR FISA, AND IN PARTICULAR THE
THREE PROVISIONS THAT WILL, IF
NOT REAUTHORIZE, EXPIRE ON MAY
27.
AGAIN THEY ARE THE ROVING
WIRETAP, THE LONE WOLF AND THE
BUSINESS RECORDS SECTIONS.
THE POINT IS WE AS A NATION RELY
ON CERTAIN SECRET SOURCES AND
METHODS TO PROTECT OUR NATIONAL
SECURITY, AND MOST OTHER NATIONS
DO THE SAME THING AS WELL.
IT IS ALSO IMPORTANT TO NOTE
THAT THE STRIKE AGAINST BIN
LADEN, WHILE A CRITICAL
STRATEGIC BLOW TO AL QAEDA, IS
ALSO VERY LIKELY TO LEAD TO
REPRISAL ATTEMPTS.
THERE HAVE BEEN CALLS FOR
ATTACKS AGAINST THE UNITED
STATES AFTER THE BIN LADEN
STRIKE FROM AL QAEDA IN
PAKISTAN, FROM AL QAEDA
AFFILIATES IN YEMEN AND NORTH
AFRICA.
AND THERE IS VERY REAL CONCERN
THAT RADICALIZED AMERICANS HERE
AT HOME MAY CONTEMPLATE VIOLENCE
IN RESPONSE TO EXTREMIST CALLS
FOR RETRIBUTION.
SO THIS IS A TIME OF HEIGHTENED
THREAT.
MAYBE NO SPECIFIC THREATS, BUT
CERTAINLY HEIGHTENED THREATS.
AND WE SEE ATTACKS IN PAKISTAN
CARRIED OUT BY THE TALIBAN IN
REPRISAL FOR THIS ATTACK AS
WELL.
THEREFORE, THIS IS A TIME WHEN
OUR VIGILANCE MUST BE HEIGHTENED
AS WELL.
KEY OFFICIALS FROM THE NATIONAL
COUNTERTERRORISM CENTER, THE
F.B.I., AND THE DEPARTMENT OF
HOMELAND SECURITY RECENTLY
DESCRIBED TO US IN CLOSED
SESSION HOW THE RESPECTIVE
AGENCIES HAVE HEIGHTENED THEIR
DEFENSIVE POSTURE OVER JUST
THESE VERY CONCERNS.
SO CLEARLY THIS IS A TIME WHERE
EVERY LEGAL COUNTERTERRORISM AND
INTELLIGENCE GATHERING MECHANISM
SHOULD BE AVAILABLE.
IT IS ALSO A TIME TO SEIZE THE
OPPORTUNITY TO FURTHER DISRUPT
AL QAEDA.
THE ASSAULT ON THE BIN LADEN
COMPOUND NETTED A CACHE OF
VALUABLE INFORMATION: PAPERS,
VIDEOS, COMPUTER DRIVES AND
OTHER MATERIALS ABOUT AL QAEDA'S
VISION AND AL QAEDA PLANS.
THE INTELLIGENCE COMMUNITY
ESTABLISHED AN INTERAGENCY TASK
FORCE TO GO THROUGH THAT
MATERIAL AS QUICKLY AS POSSIBLE.
AND I AM HOPEFUL THAT PREVIOUSLY
UNKNOWN TERROR PLOTS WILL BE
IDENTIFIED AND INFORMATION
LEADING TO THE LOCATION OF
TERRORISTS FOUND.
AUTHORITIES LIKE THE THREE
PROVISIONS SET TO EXPIRE THIS
FRIDAY MAY WELL PROVE CRITICAL
TO THWARTING NEW PLOTS AND
FINDING TERRORISTS.
THEY MUST BE RENEWED.
LET ME DESCRIBE THE THREE
PROVISIONS IN MORE DETAIL.
FIRST, THE ROVING WIRETAP
PROVISIONS.
ROVING WIRETAP AUTHORITY WAS
FIRST AUTHORIZED FOR
INTELLIGENCE PURPOSES IN THE
PATRIOT ACT IN 2001.
BUT, AS YOU KNOW, MR. PRESIDENT,
IT HAS BEEN USED FOR YEARS IN
THE CRIMINAL LAW.
THIS PROVISION CODIFIED IN T
FOREIGN INTELLIGENCE
SURVEILLANCE ACT PROVIDES THE
GOVERNMENT WITH FLEXIBILITY
NEEDED TO CONDUCT ELECTRONIC
SURVEILLANCE AGAINST ILLUSIVE
TARGETS.
NOW LET ME EXPLAIN.
IN MOST CASES, UNDER FISA THE
GOVERNMENT CAN GO TO THE FOREIGN
INTELLIGENCE SURVEILLANCE COURT,
WHICH I WILL DESCRIBE IN DETAIL
LATER, AND PRESENT AN
APPLICATION TO TAP THE TELEPHONE
OF A SUSPECTED TERRORIST OR SPY.
THE FISA COURT REVIEWS THE
APPLICATION AND CAN ISSUE AN
ORDER, BASICALLY A WARRANT, TO
ALLOW THE GOVERNMENT TO TAP A
PHONE BELONGING TO THAT TARGET.
NOW WE ALL KNOW IN THIS DAY AND
AGE, THERE ARE DISPOSABLE OR
THROW-AWAY CELL PHONES THAT
ALLOW FOREIGN INTELLIGENCE
AGENTS AND TERRORISTS NOT ONLY
TO SWITCH NUMBERS, BUT ALSO TO
THROW AWAY THEIR CELL PHONE TO
DISPOSE OF THE CELL PHONE AND
REPLACE IT WITH ANOTHER.
THIS ROVING WIRETAP AUTHORITY
ALLOWS THE GOVERNMENT TO MAKE A
SPECIFIC SHOWING TO THE FISA
COURT THAT THE ACTIONS OF A
TERRORIST OR SPY MAY HAVE THE
EFFECT OF THWARTING
INTELLIGENCE.
THEY MAKE -- IN OTHER WORDS,
THEY MAKE ONE APPEARANCE.
THE GOVERNMENT CAN THUS SEEK,
AND THE FISA COURT CAN
AUTHORIZE, A ROVING WIRETAP SO
THAT THE F.B.I., FOR EXAMPLE,
CAN FOLLOW THE TARGET WITHOUT
HAVING TO GO BACK TO THE COURT
FOR EACH CELL PHONE CHANGE.
INSTEAD, THE F.B.I. REPORTS TO
THE FISA COURT NORMALLY WITHIN
TEN DAYS OF FOLLOWING THE TARGET
TO A NEW CELL PHONE WITH
INFORMATION ON THE FACTS
JUSTIFYING THE BELIEF THAT THE
NEW PHONE WAS OR IS BEING USED
BY THE TARGET.
THE JUSTICE DEPARTMENT HAS
ADVISED CONGRESS THAT THE
AUTHORITY TO CONDUCT ROVING
ELECTRONIC SURVEILLANCE UNDER
FISA HAS PROVEN TO BE
OPERATIONALLY USEFUL IN SOME 20
NATIONAL SECURITY INVESTIGATIONS
ANNUALLY.
SO THIS PROVISION IS BOTH USED
AND VERY NECESSARY IN THIS DAY
OF THROWAWAY CELL PHONES.
LONE WOLF AUTHORITY ALLOWS THE
GOVERNMENT TO REQUEST, AND THE
FISA COURT TO APPROVE,
INTELLIGENCE COLLECTION AGAINST
NON-UNITED STATES PERSONS WHO
ENGAGE IN INTERNATIONAL
TERRORISM BUT FOR WHOM AN
ASSOCIATION WITH A SPECIFIC
INTERNATIONAL TERRORIST
ORGANIZATION MAY NOT YET BE
KNOWN.
CLEARLY.
SO LET ME EXPLAIN THAT FOR
ALL OTHER FOREIGN INTELLIGENCE
SURVEILLANCE SEARCHES AND
SURVEILLANCES MUST BE FOCUSED ON
A TARGET WHO THE GOVERNMENT CAN
POWER.
PROVE IS TIED TO A FOREIGN
SO BEFORE THE GOVERNMENT CAN TAP
A PHONE OR SEARCH A RESIDENCE,
IT NEEDS TO DEMONSTRATE THAT THE
PERSON IT IS AFTER IS AN
EMPLOYEE OR SPY OR OTHERWISE
WORKING FOR OR ON BEHALF OF
ANOTHER COUNTRY OR TERRORIST
GROUP.
THE LONE WOLF PROVISION WHICH
WAS ADDED TO FISA IN 2004
RECOGNIZES THAT THERE MAY BE
CASES WHERE THE GOVERNMENT
SUSPECTS AN INDIVIDUAL INSIDE
THE UNITED STATES OF PLOTTING A
TERRORIST ATTACK, BUT IT HASN'T
BEEN ABLE TO LINK THAT
INDIVIDUAL TO AL QAEDA OR AOLZ
OR AL SHABOB OR ANOTHER GROUP.
LONE WOLF AUTHORITY ALLOWS THE
GOVERNMENT TO SHOW WHY IT
BELIEVES ANOTHER PERSON IS
ENGAGING IN TERRORIST ACTIVITY
AND GET A WARRANT TO BEGIN
SURVEILLANCE.
THIS IS NOT DONE WITHOUT A
WARRANT FROM THE COURT.
IT ALSO ALLOWS FOR COURT-ORDERED
COLLECTION AGAINST A NON-UNITED
STATES TARGET WHO MAY HAVE
BROKEN WITH A TERRORIST
ORGANIZATION WHILE CONTINUING TO
PREPARE FOR AN ACT OF
INTERNATIONAL TERRORISM.
THE JUSTICE DEPARTMENT HAS
ADVISED CONGRESS THAT ALTHOUGH
TO DATE IT HAS NOT USED THIS
AUTHORITY, LONE WOLF AUTHORITY
NEVERTHELESS FILLS AN IMPORTANT
GAP IN UNITED STATES COLLECTION
CAPABILITIES, AND WE HAVE IT IF
WE NEED IT.
THE RECENT CASE OF KHALID
WASIRI, A SAUDI NATIONAL
ARRESTED IN TEXAS THIS PAST
FEBRUARY, SHOWS WHY THE LONE
WOLF AUTHORITY IS NECESSARY.
ALDO WASIRI WAS ARRESTED AFTER
THE F.B.I. LEARNED THAT HE HAD
PURCHASED CHEMICALS AND
CONDUCTED RESEARCH NEEDED TO
DEVICES.
MAKE IMPROVISED EXPLOSIVE
HE HAD ALSO RESEARCHED BOMB
TARGETS INCLUDING DAMS IN
CALIFORNIA AND THE DALLAS
RESIDENCE OF FORMER PRESIDENT
GEORGE W. BUSH.
UNLIKE OTHER RECENT TERRORISTS,
LIKE NAJIBULA ASIRI, WASIRI WAS
NOT IDENTIFIED.
HE IS BETTER DESCRIBED AS ONE OF
THE MOST RECENT CASES OF
INDIVIDUALS ALREADY INSIDE THE
UNITED STATES WHO BECOMES
RADICALIZED AND COMMITTED TO
CARRYING OUT TERRORIST ATTACKS.
SO IT'S FOR THIS KIND OF THREAT
IMPORTANT.
THAT THE LONE WOLF AUTHORITY IS
AND FOR WHY WE SHOULD EXTEND
THIS MECHANISM.
IT IS ALSO THIS KIND OF THREAT
THAT THE INTELLIGENCE COMMUNITY
IS NOW ESPECIALLY WORRIED ABOUT,
AS PEOPLE INSIDE THE UNITED
STATES MAY BE SPURRED TO ACTION
IN RETALIATION FOR THE STRIKE
AGAINST BIN LADEN.
IF THE F.B.I. OR DEPARTMENT OF
HOMELAND SECURITY OR A STATE OR
LOCAL POLICE OFFICER IDENTIFIES
SOMEONE BUILDING BOMBS, IT IS
NECESSARY TO MOVE QUICKLY AND
NOT TAKE TIME TO RESEARCH A
POSSIBLE CONNECTION TO AL QAEDA
BEFORE WE USE FISA AUTHORITIES
TO LEARN WHAT THEY'RE UP TO AND
WHEN AND HOW THEY MIGHT STRIKE.
BUSINESS RECORDS.
THE THIRD AUTHORITY COVERED BY
THIS LEGISLATION IS KNOWN AS THE
BUSINESS RECORDS PROVISION AND
PROVIDES THE GOVERNMENT THE SAME
AUTHORITY AND NATIONAL SECURITY
INVESTIGATIONS TO OBTAIN
PHYSICAL RECORDS THAT EXISTS IN
AN ORDINARY CRIMINAL CASE,
THROUGH A GRAND JURY SUBPOENA.
BUSINESS RECORDS AUTHORITY HAS
BEEN USED SINCE 2001 IN FISA TO
OBTAIN BUSINESS -- EXCUSE ME --
DRIVERS LICENSE RECORDS, HOTEL
RECORDS, CAR RENTAL RECORDS,
APARTMENT LEASING RECORDS,
BUSINESS RECORDS.
CREDIT CARD RECORDS, AMONG OTHER
THIS IS THE WAY IN WHICH YOU
TRACK A TARGET.
LET ME NOTE THAT WHILE THE
DEBATE OVER THIS PROVISION HAS
OFTEN FOCUSED ON LIBRARY
CIRCULATION RECORDS, THE JUSTICE
DEPARTMENT HAS ADVISED THE
CONGRESS THAT THIS AUTHORITY HAS
NEVER -- AND LET ME STRESS --
NEVER BEEN USED TO OBTAIN
LIBRARY CIRCULATION RECORDS.
WE HAD A BIG DEBATE ON THIS WHEN
THIS CAME UP BEFORE, AND IN FACT
IT'S NEVER BEEN USED FOR LIBRARY
CIRCULATION RECORDS.
THE DEPARTMENT HAS INFORMED
CONGRESS THAT IT SUBMITTED 96
APPLICATIONS TO THE FISA COURT
FOR BUSINESS RECORD ORDERS LAST
YEAR ALONE.
THE JUSTICE DEPARTMENT HAS
FURTHER STATED THAT SOME
BUSINESS RECORDS ORDERS HAVE
BEEN USED TO SUPPORT CRITICALLY
IMPORTANT AND HIGHLY SENSITIVE
ACTIVITIES.
INTELLIGENCE COLLECTION
THE HOUSE AND SENATE
INTELLIGENCE COMMITTEES HAVE
BEEN FULLY BRIEFED ON THAT
COLLECTION.
INFORMATION ABOUT THIS SENSITIVE
COLLECTION HAS ALSO BEEN
PROVIDED TO THE HOUSE AND SENATE
JUDICIARY COMMITTEES AND
INFORMATION HAS BEEN AVAILABLE
FOR MONTHS TO ALL SENATORS FOR
THEIR REVIEW.
THE DETAILS ON HOW THE
GOVERNMENT USES ALL THREE OF
THESE AUTHORITIES ARE CLASSIFIED
AND DISCUSSION OF THEM HERE
WOULD HARM OUR ABILITY TO
IDENTIFY AND STOP TERRORIST
ATTACKS AND ESPIONAGE, BUT IF
ANY SENATORS WOULD LIKE FURTHER
DETAIL, I ENCOURAGE THEM TO
CONTACT THE INTELLIGENCE
COMMITTEE OR TO REQUEST A
BRIEFING FROM THE INTELLIGENCE
COMMUNITY OR THE DEPARTMENT OF
JUSTICE.
NOW, I'VE MENTIONED SEVERAL
TIMES THE ROLE OF THE FOREIGN
INTELLIGENCE SURVEILLANCE CORPS.
LET ME DESCRIBE WHAT IT IS AND
HOW IT OPERATES.
THIS COURT IS A SPECIAL COURT.
IT IS A SET OF 11 FEDERAL
JUDGES, EACH OF WHOM IS
APPOINTED BY THE CHIEF JUSTICE
TO SPECIFICALLY SERVE IN THIS
ROLE.
AT LEAST ONE OF THESE JUDGES IS
AVAILABLE AT ALL TIMES, 24/7,
365 DAYS A YEAR, SEVEN DAYS A
WEEK, FOR THE PURPOSE OF
REVIEWING GOVERNMENT
APPLICATIONS TO USE FISA
AUTHORITIES, AND IF THOSE
APPLICATIONS ARE SUFFICIENT,
APPROVING THEM BY ISSUING AN
ORDER OR WHAT WE CALL IN THE
CRIMINAL LAW A WARRANT.
THE FISA COURT JUDGES MEET IN
CLOSED SESSION TO REVIEW
CLASSIFIED DECLARATIONS, AND
THEY PROVIDE VERY CAREFUL
JUDICIAL REVIEW OF THE
GOVERNMENT'S APPLICATIONS.
THEY ARE EXPERT IN THIS
SPECIALIZED AREA OF THE LAW, AS
IS THEIR EXPERT STAFF.
THIS DEPARTMENT OF -- THE
DEPARTMENT OF JUSTICE OFFICIALS
THAT COME BEFORE THEM TAKE ALL
CARE IN MAKING THEIR CASE AND
PRESENTING THEIR FACTS AS THEY
DO IN PUBLIC COURT.
SO THE AMERICAN PEOPLE SHOULD
UNDERSTAND THAT THESE FISA
AUTHORITIES THAT WE ARE
DISCUSSING NOW, THE ABILITY TO
CONDUCT ELECTRONIC SURVEILLANCE
AND OBTAIN RECORDS ARE SUBJECT
TO STRICT OVERSIGHT.
A SENATE CONFIRMED OFFICIAL IN
THE DEPARTMENT OF JUSTICE, THE
ATTORNEY GENERAL, THE DEPUTY
ATTORNEY GENERAL OR THE
ASSISTANT ATTORNEY GENERAL FOR
NATIONAL SECURITY, ONE OF THESE
THREE MUST -- AND I STRESS
MUST -- SIGN OFF ON EVERY
APPLICATION BEFORE IT GOES TO
THE FOREIGN INTELLIGENCE
SURVEILLANCE COURT.
FEDERAL JUDGES ALSO CONFIRMED BY
APPLICATIONS.
THE SENATE MUST IMPROVE THE
INSPECTOR GENERALS CONDUCT
REGULAR AUDITS AND OVERSIGHT AS
WELL.
AND THE SENATE HOUSE
INTELLIGENCE AND JUDICIARY
COMMITTEES RECEIVE REGULAR
REPORTS FROM THE DEPARTMENT OF
JUSTICE ON THE USE OF ALL FISA
AUTHORITIES, AS WELL AS
RECEIVING BRIEFINGS FROM THE
F.B.I. AND N.S.A. ON THE
IMPLEMENTATION OF THE FISA
STATUTE.
THE THREE AUTHORITIES
REAUTHORIZED BY THIS LEGISLATION
HAVE BEEN DEBATED EXTENSIVELY ON
THIS FLOOR AND IN THIS CONGRESS
SINCE THEY CAME UP FOR
REAUTHORIZATION IN 2009.
EVERY SINGLE NATIONAL SECURITY
OFFICIAL TO COME BEFORE THE
CONGRESS IN THE PAST TWO YEARS
HAS TESTIFIED THAT THESE
PROVISIONS ARE VITAL TO PROTECT
AMERICA AND HAS URGED THEIR
REAUTHORIZATION.
IT'S VERY HARD, I THINK, TO VOTE
NO IN FACE OF WHAT WE HAVE BEEN
TOLD IN CLASSIFIED INTELLIGENCE,
IN HEARINGS, BY OFFICIALS FROM
THE ATTORNEY GENERAL'S OFFICE
AND THE F.B.I.
IN FACT, THE ATTORNEY GENERAL
AND THE DIRECTOR OF NATIONAL
INTELLIGENCE WROTE A LETTER TO
LEADERS REID AND McCONNELL
TODAY, MAY 23, EXPRESSING THEIR
STRONG SUPPORT FOR THE IMMEDIATE
ENACTMENT OF THE LEGISLATION
WE'RE NOW CONSIDERING, AND I ASK
UNANIMOUS CONSENT,
MR. PRESIDENT, THAT THIS LETTER
BE INSERTED INTO THE RECORD.
WITHOUT
OBJECTION.
LET ME POINT OUT
THERE ARE NO RECENT CASES OF
ABUSE OF THESE AUTHORITIES.
NO RECENT CASES OF ABUSE OF
THESE AUTHORITIES, AND THE
OVERSIGHT SYSTEM IN PLACE IS
WORKING WELL, I BELIEVE, TO
ENSURE THEY WILL NOT BE MISUSED
IN THE FUTURE.
NOW, OTHER SENATORS MAY COME TO
THIS FLOOR AND TALK ABOUT ABUSES
OF THESE AUTHORITIES, BUT I ASK
LISTEN CAREFULLY.
CHANCES ARE THEY'RE TALKING
ABOUT A SECTION NOT INVOLVED
HERE, AND THAT'S THE SECTION ON
NATIONAL SECURITY LETTERS.
AGAIN, NATIONAL SECURITY LETTERS
ARE NOT TOUCHED BY THESE THREE
SECTIONS THAT WE ARE RENEWING
TODAY.
AND I WOULD SAY YES, THEY WERE
ABUSED OR MISUSED IN YEARS PAST,
ACCORDING TO THE INSPECTOR
GENERAL OF THE DEPARTMENT OF
JUSTICE.
BUT CORRECTIONS HAVE BEEN MADE
SINCE THEN, BUT MORE IMPORTANTLY
FOR TODAY'S DEBATE, THERE'S
NOTHING WE'RE TAKING UP TODAY
THAT AFFECTS OR MENTIONS
ALL.
NATIONAL SECURITY LETTERS AT
I'VE REFERRED TO THIS NOW FOUR
TIMES.
I HOPE I GET IT ACROSS BECAUSE
IT'S -- THAT'S WHAT HAPPENED
LAST TIME.
PEOPLE CAME TO THE FLOOR, AND
WHAT THEY WERE TALKING ABOUT
WASN'T REALLY IN THE LEGISLATION
WE WERE CONSIDERING.
EARLIER THIS YEAR, I WAS PLEASED
TO SUPPORT LEGISLATION AUTHORED
BY SENATOR LEAHY THAT WOULD HAVE
MADE SEVERAL IMPROVEMENTS IN THE
FOREIGN INTELLIGENCE
SURVEILLANCE ACT IN ORDER TO
BETTER PROTECT PRIVACY RIGHTS
AND CIVIL LIBERTIES, BUT THE
POINT I MADE DURING THE DEBATE
IN THE JUDICIARY COMMITTEE,
WHICH I WILL REPEAT AGAIN TODAY,
IS THAT MANY OF THESE CHANGES
WERE, IN FACT, CODIFYING
PRACTICES THE DEPARTMENT OF
JUSTICE AND THE F.B.I. HAVE
ALREADY IMPLEMENTED.
FOR EXAMPLE, MINIMIZATION.
THAT WAS ONE OF THE THINGS THAT
WAS DISCUSSED.
IT'S BEEN IMPLEMENTED.
SO THE DEPARTMENTS ARE
LISTENING, AND THEY HAVE TAKEN
ACTION WHERE THERE HAVE BEEN
PROBLEMS.
COLLEAGUES THAT THE EXECUTIVE
SO I WOULD LIKE TO SAY TO MY
BRANCH HAS HEARD AND HAS ACTED
TO ADDRESS CONCERNS ABOUT
INTRUSIONS INTO AMERICAN CIVIL
LIBERTIES.
THE OFFICE OF THE INSPECTOR
GENERAL AND THE DEPARTMENT OF
JUSTICE HAS INDICATED THAT IT
INTENDS TO CONDUCT AUDITS AND
INSPECTIONS TO ENSURE THAT THE
IMPLEMENTATION OF FISA IS IN
FULL COMPLIANCE WITH THE LAW AND
ITS REPORTS WILL BE CAREFULLY
REVIEWED BY THIS CONGRESS AND BY
THE CONCERNED COMMITTEES.
A MAJOR PRIORITY OF THE
INTELLIGENCE COMMITTEE IN THIS
HOUSE IS TO CONDUCT REGULAR
AUTHORITIES, AND WE WILL
OVERSIGHT ON THE USE OF FISA
CONTINUE TO DO SO AFTER PASSAGE
OF THIS LEGISLATION.
NOW, JUST ABOUT EVERY
ADMINISTRATION OFFICIAL TO
TESTIFY ON THE USE OF FISA
AUTHORITIES HAS ALSO NOTED THE
IMPORTANCE OF HAVING THE
STABILITY THAT COMES WITH A
LONG-TERM EXTENSION.
SINCE DECEMBER OF 2009 WHEN WE
REAUTHORIZED IT, THE CONGRESS
HAS PASSED THREE SHORT-TERM
EXTENSIONS, ONE FOR TWO MONTHS,
ONE FOR ONE YEAR AND ONE FOR
THREE MONTHS.
SO BY LURCHING FROM ONE SUNSET
THESE INTELLIGENCE AUTHORITIES
TO ANOTHER, WE RUN THE RISK THAT
ARE GOING TO EXPIRE, AND HERE WE
ARE ONCE AGAIN BECAUSE THEY
EXPIRE THIS FRIDAY.
AND I HOPE MEMBERS WILL THINK
ABOUT THAT.
I HOPE MEMBERS WILL THINK IF
THEY WANT TO PRODUCE AN
AMENDMENT, LOOK, THIS THING GOES
OUT OF PLACE.
WHAT IF N.S.A. AND OTHER
AGENCIES HAVE TO STOP?
WHAT IF THEY MISS SOMETHING?
WHAT IF SOMETHING HAPPENS?
THAT'S A RESPONSIBILITY THAT
RESTS ON THE HEADS OF NRCH THESE
TWO -- OF EVERYONE IN THESE TWO
BODIES, BOTH THE HOUSE OF
REPRESENTATIVES AND THE SENATE
OF THE UNITED STATES.
EVEN SHORT OF THAT, BY PROVIDING
ONE SHORT-TERM EXTENSION AFTER
ANOTHER, TWO MONTHS HERE OR A
YEAR THERE, WE CREATE
SIGNIFICANT UNCERTAINTY IN THE
INTELLIGENCE COMMUNITY AS
INVESTIGATORS AREN'T SURE
WHETHER THESE TOOLS WILL
CONTINUE TO BE AVAILABLE TO
THEM.
I CAN TELL YOU, AS ONE WHO TRIES
TO READ THE INTELLIGENCE RATHER
ASSIDUOUSLY, WE ARE NOT OUT OF
HARM'S WAY AND NO ONE SHOULD
BELIEVE THAT.
PEOPLE ARE PLOTTING EVERY DAY AS
TO HOW THEY CAN SEND SOMEONE IN
THE -- INTO THE UNITED STATES OR
CONVINCE SOMEONE IN THE UNITED
STATES TO ATTACK THIS COUNTRY,
AND THE ONLY THING WE HAVE TO
PREVENT THIS FROM HAPPENING IS
INTELLIGENCE AND AN F.B.I. THAT
IS NOW ABLE TO INSTITUTE
SURVEILLANCE AND TRACKING ON
POSSIBLE TARGETS IN THIS
COUNTRY.
MR. PRESIDENT, WE HAVE COME, IN
MY JUDGMENT, A LONG WAY SINCE
9/11, BUT WE CANNOT LEAVE THIS
COUNTRY VULNERABLE.
WE MUST KEEP OUR GUARD UP, AND
WE MUST SEE THAT THE
INTELLIGENCE MECHANISMS THAT ARE
AVAILABLE TO THIS COUNTRY ARE
ABLE TO BE UTILIZED.
SO THIS LEGISLATION NOW EXTENDS
THE USE OF THESE SUNSETTING
AUTHORITIES FOR FOUR YEARS, TO
JUNE 1, 2015, AND IN VIEW OF THE
TIME THAT WE'RE LIVING IN, I
BELIEVE THIS IS APPROPRIATE,
IT'S KEEPING WITH PAST PRACTICE
AND IT'S VITAL TO THE PROTECTION
OF THE UNITED STATES OF AMERICA.
THE PATRIOT ACT WAS ENACTED IN
OCTOBER, 2001, AND SEVERAL
PROVISIONS WERE UP FOR REVIEW
AND REAUTHORIZATION FOUR YEARS
LATER, IN DECEMBER OF 2005.
AFTER SOME SIGNIFICANT DEBATE,
SOME OF THE ORIGINAL PATRIOT ACT
PROVISIONS WERE MADE PERMANENT,
AND SOME WERE REAUTHORIZED FOR
ANOTHER FOUR YEARS UNTIL THE END
OF 2009.
THE LONE WOLF AUTHORITY THAT
EXPIRES LATER THIS WEEK WAS
FIRST ENACTED IN THE
INTELLIGENCE REFORM ACT OF 2004
AND PLACED IN THE SAME SUNSET
CYCLE AS THE ROVING WIRETAP AND
BUSINESS RECORDS AUTHORITIES.
UNDER THE MODEL ESTABLISHED IN
THE PATRIOT ACT AND A SUBSEQUENT
REAUTHORIZATION, A FOUR-YEAR
EXTENSION FROM THE END OF MAY,
2011, TO JUNE 1, 2015, IS BASED
ON SOUND CONGRESSIONAL PRACTICE.
SO THESE ISSUES HAVE BEEN
DEBATED AND REDEBATED AND SHOULD
BE VERY FAMILIAR TO MEMBERS,
ESPECIALLY THOSE ON THE
INTELLIGENCE AND JUDICIARY
COMMITTEES.
SO I HOPE WE'RE NOW GOING TO ACT
IN THE BEST INTERESTS OF
PROTECTING THE PEOPLE OF THIS
COUNTRY FROM ANOTHER TERRORIST
ATTACK BY PASSING THIS
LEGISLATION SO THAT OUR
INTELLIGENCE PROFESSIONALS CAN
CONTINUE TO KEEP THIS NATION
SECURE.
THANK YOU, MR. PRESIDENT.
I YIELD THE FLOOR.
A SENATOR: MR. PRESIDENT?
THE
SENATOR FROM INDIANA.
MR. PRESIDENT,
TOMORROW MORNING, A JOINT
SESSION OF CONGRESS WILL WELCOME
THE PRIME MINISTER OF ISRAEL,
BENJAMIN NETANYAHU.
IT WILL BE THE FIRST TIME THAT
MR. NETANYAHU HAS ADDRESSED US
AS A JOINT SESSION AND ONLY THE
SECOND TIME ANY ISRAELI PRIME
MINISTER HAS ADDRESSED A JOINT
SESSION OF CONGRESS AS ITS SOLE
PARTICIPANT.
IT IS A DISTINCT AND HISTORIC
HONOR AND AN OPPORTUNITY FOR US
TO HEAR AGAIN HOW CRUCIAL IS THE
FRIENDSHIP BETWEEN OUR TWO
COUNTRIES.
IN ANTICIPATION OF THIS EVENT, I
RISE TODAY TO PROVIDE FOR THE
RECORD A RESTATEMENT OF HOW I
AND, I BELIEVE, MANY, IF NOT
MOST OF MY COLLEAGUES, REGARD
THE STATE OF ISRAEL AND
AMERICA'S RELATIONSHIP WITH THAT
FELLOW DEMOCRACY.
THIS RESTATEMENT IS NECESSARY, I
BELIEVE, IN LIGHT OF THE
PRESIDENT'S SPEECH LAST WEEK
REGARDING THE ARAB SPRING.
THE PRESIDENT'S REMARKS WHICH
WERE DELIVERED JUST BEFORE PRIME
MINISTER NETANYAHU'S ARRIVAL IN
THE UNITED STATES, SERIOUSLY
MUDDIED THE WATERS OF AMERICAN
POLICY TOWARD ISRAEL AND ITS
TROUBLED REGION.
THE ARAB SPRING HAS SPRUNG FROM
NEW POPULAR FORCES THROUGHOUT
THE REGION, OVERTHROWING REGIMES
THAT HAVE LOST THEIR RELEVANCE
TO THE ASPIRATIONS OF THEIR
PEOPLE AND THREATENING TO
OVERTHROW OTHERS.
THE ADMINISTRATION'S RESPONSE
HAS BEEN SLOW IN COMING, AWKWARD
AND CONFUSED IN EFFORTS TO
EXPLAIN ITS POLICIES,
INCONSISTENT IN ITS APPLICATION
FROM ONE PART OF THE REGION TO
ANOTHER, LESS THAN TRANSPARENT
WITH KEEPING CONGRESS INFORMED
AND, WORST OF ALL, INEFFECTIVE
IN ITS GUIDANCE AND
UNDERSTANDING OF EVENTS.
PROTESTS IN THE MIDDLE EAST AND
NORTHERN AFRICA HAVE STIRRED
JUSTIFIABLY THE EMOTIONS AND
ASPIRATIONS OF THE PALESTINIAN
PEOPLE AS WELL.
THEY ALSO SEEK A HOMELAND OF
THEIR OWN, SECURE, STABLE, AND
LIVING AT PEACE WITH ITS
NEIGHBORS.
I AGREE THAT THIS MUST BE AMONG
OUR GOALS.
SOME BELIEVE THAT THE GROUND
SWELL OF NEWLY VIBRANT POPULAR
ASPIRATIONS THROUGHOUT THE
REGION AND ALSO AMONG THE
PALESTINIAN PEOPLE IS BOTH AN
OPPORTUNITY AND A REQUIREMENT
FOR NEW CREATIVE STEPS IN THE
SEARCH FOR A PERMANENT PEACE.
THERE MAY BE AN OPPORTUNITY HERE
THAT LEADS TO PROGRESS IF WE AND
THE PARTIES TO THIS LONG-LASTING
DISPUTE MAKE THE RIGHT CHOICES.
IF WE SEEK THE RIGHT ENDS AND IF
WE PURSUE THEM WITH THE RIGHT
STRATEGIES.
UNFORTUNATELY, MR. PRESIDENT,
THE ADMINISTRATION SEEMS TO
MISUNDERSTAND THE NATURE OF THIS
OPPORTUNITY.
IN A SPEECH LAST WEEK REGARDING
THE WAIVE OF STARTLING EVENTS IN
THE MIDEAST AND NORTH AFRICA,
PRESIDENT OBAMA FAILED TO BRING
COHERENCE AND PURPOSE TO HIS
ADMINISTRATION'S POLICY.
INSTEAD THE SPEECH BROUGHT MORE
CONFUSION, POTENTIALLY
JEOPARDIZING PROSPECTS FOR
SUCCESSFUL NEGOTIATIONS WITH
ISRAEL AND THE PALESTINIAN.
MR. PRESIDENT, IN MY OPINION, IT
WAS A SERIOUS MISTAKE FOR THE
PRESIDENT TO PREEMPTIVELY
DECLARE U.S. SUPPORT FOR A
PALESTINIAN STATE BASED ON THE
1967 BORDERS.
PRESIDENT OBAMA'S DECLARATION
THAT ISRAEL MUST WITHDRAW TO THE
1967 BORDERLINES IS
UNPRECEDENTED AND UNWELCOME.
IT IS TRUE THAT PREVIOUS
ADMINISTRATIONS HAVE REFERRED TO
THE 1967 LINES IN THE PAST AS A
REFERENCE POINT IN NEGOTIATIONS.
AND IT IS ALSO TRUE THAT THE
PALESTINIANS REGARD THE 1967
LINES AS THEIR BEGINNING
NEGOTIATING POSITION.
BUT EVEN WITH THE PRESIDENT'S
VAGUE ACKNOWLEDGMENT OF THE NEED
FOR LAND SWAPS, NO U.S.
ADMINISTRATION HAS PREVIOUSLY
ADOPTED THE PALESTINIAN POSITION
AS ITS OFFICIAL POLICY UNTIL NOW
NOW.
NOW CAN THIS HELP RESTART
NEGOTIATIONS OR DRIVE THOSE
NEGOTIATIONS TOWARD A SUCCESSFUL
CONCLUSION?
AS MR. NETANYAHU MADE CLEAR TO
THE PRESIDENT IN THE OVAL OFFICE
OFFICE, A RETURN TO THE 1967
LINES IS INDEFENSIBLE AND
IGNORES NEW REALITIES ON THE
GROUND.
THIS POSITION WAS FORMALLY
RECOGNIZED BY PRESIDENT BUSH IN
2004 AND MUST NOW BE RECONFIRMED
BY ANY REALISTIC ASSESSMENT OF
WHAT STEPS ARE POSSIBLE AND
NECESSARY.
THE OBJECT OF NEGOTIATIONS IS TO
REACH A SUCCESSFUL AND DURABLE
CONCLUSION, BUT IGNORING CORE
REALITIES CANNOT POSSIBLY
CONTRIBUTE TO PROGRESS AND
ALMOST CERTAINLY WOULD MAKE IT
MORE DIFFICULT TO ACHIEVE THE
ENDS THAT WE ALL SEEK.
ANOTHER MAJOR CONCERN I HAVE
FOLLOWING THE PRESIDENT'S SPEECH
IS THE REACTION TO THE RECENT
ANNOUNCEMENT BY THE PALESTINIANS
OF A RECONCILIATION AGREEMENT
BETWEEN THE FATAH PARTY OF
PRESIDENT ABBAS AND HAMAS, THE
ORGANIZATION IN CHARGE IN GAZA.
THE ALLEGED RECONCILIATION IS
LIKELY A PRODUCT OF THE ARAB
SPRING AND THE CONVICTION THAT
THE PALESTINIANS NEED TO UNITE
TO PURSUE THEIR COMMON GOALS.
THIS IS UNDERSTANDABLE AND IT
WOULD BE ACCEPTABLE IF NOT FOR
THE CHARACTER OF ONE OF THE MAIN
FACTIONS TO THIS RECONCILIATION.
MAKE NO MISTAKE ABOUT IT,
MR. PRESIDENT, HAMAS IS A
TERRORIST ORGANIZATION.
THIS GROUP DENIES ISRAEL ITS
RIGHT TO EXIST.
IT FIRES THOUSANDS OF ROCKETS
INTO ISRAELI TERRITORY AND
BEMOANS THE DEATH OF BIN LADEN,
ONE OF ITS HEROES.
IF THIS ANNOUNCED RECONCILIATION
OF THESE PALESTINIAN GROUPS
ACTUALLY OCCURS, THE PALESTINIAN
AUTHORITY OF PRIME MINISTER
ABBAS, TO WHICH THE UNITED
STATES, BY THE WAY, PROVIDES
CONSIDERABLE FINANCIAL AND
HUMANITARIAN SUPPORT, THAT
ADMINISTRATION, THAT GROUP, THAT
RECONCILIATION WILL HAVE PRIME
MINISTER ABBAS AND THAT GROUP
DANCING WITH THE DEVIL.
IT CANNOT, THEREFORE, EXPECT
FURTHER SUPPORT FROM US NOR CAN
IT EXPECT SUPPORT OR
UNDERSTANDING IN ANY
NEGOTIATIONS WITH ISRAEL
INTENDING TO CREATE A
PALESTINIAN STATE.
INDEED, WE MUST NOT REQUIRE OR
EVEN ENCOURAGE ISRAEL TO RESUME
NEGOTIATIONS WITH AN ENTITY THAT
INCLUDES TERRORISTS.
BUT HOW DID THE PRESIDENT
ADDRESS THIS IN HIS SPEECH?
HE DID NOT MENTION THE WORD
"TERRORIST" OR PROVIDE ANY SOLID
INDICATION THAT NEGOTIATIONS
WITH HAMAS WOULD BE IMPOSSIBLE.
HE DID NOT AFFIRM THAT AMERICAN
ASSISTANCE TO PALESTINIANS,
INCLUDING HAMAS, WOULD BE OFF
THE TERRIBLE.
HE MERELY SAID THAT -- AND I
QUOTE -- "PALESTINIAN LEADERS
WILL HAVE TO PROVIDE A CREDIBLE
ANSWER TO THESE REMAINING
QUESTIONS."
THE PRESIDENT ALSO SNUGD HIS
SPEECH THAT -- SUGGESTED IN HIS
SPEECH THAT THE ISRAELIS AND
PALESTINIANS SHOULD FOCUS
NEGOTIATIONS IN A RESTARTED
PEACE PROCESS ON THE ISSUE OF
BORDERS AND SECURITY, LEAVING
THE HIGHLY CONTENTIOUS ISSUES OF
JERUSALEM AND REFUGEES FOR
LATER.
THIS TYPE OF STEP-BY-STEP
NEGOTIATING HAS BEEN REJECTED
MANY TIMES IN THE PAST AND FOR
GOOD REASON.
LAND IS ISRAEL'S MAIN ASSETS IN
NEGOTIATIONS.
EVEN IF IT WERE POSSIBLE IF
REACH AGREEMENT ON LAND AND
BORDERS FIRST, ISRAEL WOULD BE
LEFT IN A FAR WEAKER POSITION TO
NEGOTIATE THE SUBSEQUENT MATTERS
MATTERS.
THE REFUGEE ISSUE IS PERHAPS THE
MOST DIFFICULT OF ALL BECAUSE
ACCEPTANCE OF THE PALESTINIAN
POSITION WOULD COMPLETELY CHANGE
STATE.
THE NATURE OF ISRAEL AS A JEWISH
INDEED, IT IS A FUNDAMENTAL
SURVIVAL ISSUE THAT CANNOT BE
ADDRESSED IN ISOLATION.
FINALLY, MR. PRESIDENT, I AM
DEEPLY CONCERNED THAT THE
PRESIDENT'S SPEECH MAY BE USED
BY THE PALESTINIANS TO SUPPORT
THEIR CAMPAIGN TO BRING A
UNILATERAL DECLARATION OF
STATEHOOD FROM THE UNITED
NATIONS GENERAL ASSEMBLY.
A DECLARATION OF STATEHOOD TO
THE U.N. IS A DANGEROUS STEP
THAT WOULD PREEMPT ANY NEW
NEGOTIATIONS AND MAKE SURE SUCH
EFFORTS ARE STILLBORN.
IF THIS STRATEGY SUCCEEDS AT THE
U.N. GENERAL ASSEMBLY THIS
SEPTEMBER, IT WILL BRING SERIOUS
LEGAL, POLITICAL, DIPLOMATIC AND
PRACTICALLY -- AND PRACTICAL
NEGATIVE CONSEQUENCES FOR BOTH A
ITSELF.
REAL PEACE PROCESS IN ISRAEL
MR. PRESIDENT, LET ME RESTATE
THAT.
IF THIS STRATEGY SUCCEEDS AT THE
U.N. GENERAL ASSEMBLY IN
SEPTEMBER, IT WILL BRING SERIOUS
LEGAL, POLITICAL, DIPLOMATIC AND
PRACTICAL NEGATIVE CONSEQUENCES
FOR BOTH A REAL PEACE PROCESS
AND FOR ISRAEL ITSELF.
THE PALESTINIAN AUTHORITY HAS
ALREADY ANNOUNCED ITS INTENTIONS
TO CHALLENGE ISRAELI INTERESTS
IN U.N.-RELATED BODIES,
INCLUDING THE INTERNATIONAL
COURT.
THIS TACTIC CONTRADICTS
PALESTINIAN CLAIMS THAT IT SEEKS
TO BRING NEW ENERGY TO THE PEACE
PROCESS.
PEACE WILL COME THROUGH
REALISTIC NEGOTIATIONS NOT
THROUGH UNILATERAL PREEMPTIVE
ACTION.
THE PRESIDENT DID SAY THAT HE
OPPOSES THIS PALESTINIAN EFFORT
TO EYES LATE AND DELEGITIMIZE
ISRAEL AT THE U.N. AND THIS WAS
A WELCOME STATEMENT.
BUT SUPPORTING A PALESTINIAN
STATE BASED ON 1967 BORDERS,
SPEAKING OUT AGAINST THE ALLEGED
RECONCILIATION WITH THE
TERRORIST FACTION HAMAS IN IN THE
MOST AMBIGUOUS TURNS AND
SUPPORTING ISRAEL IN ITS
ENCOURAGE THE DISCIPLINE
NEGOTIATING ADVANTAGE, WILL ONLY
AUTHORITY TO PURSUE ITS U.N.
STRATEGY.
THESE CONFUSING, INCONSISTENT
MESSAGES FROM THE ADMINISTRATION
WILL NOT BE ENOUGH TO DISSUADE
OTHER U.N. MEMBER STATES FROM
SUPPORTING THE PALESTINIAN
MANEUVER.
I FEAR THAT THE UNITED STATES
WILL THEN BE FORCED TO VETO A
RELOSING IN THE SECURITY COUNCIL
THAT OUR VERY OWN ERRORS HAVE
HELPED BRING ABOUT.
THEN WE WILL FIND OURSELVES IN A
MINORITY IN THE GENERAL ASSEMBLY
AND WATCH AS THE PROSPECT OF
SUBSTANTIVE NEGOTIATIONS BECOME
FAR MORE DISTANT THAN BEFORE.
BOTH WE AND OUR ISRAELI FRIENDS
DESERVE BETTER THAN THIS.
MR. PRESIDENT, THIS IS NOT A
STATEMENT OF SUPPORT FOR ISRAEL
ONLY.
IT IS TRUE THAT WE ARE UNITED
WITH ISRAEL BY PERMANENT BONDS
OF HISTORY, VALUES, SHARED
STRATEGIC INTERESTS, CULTURE,
AND RELIGIOUS HERITAGE.
BUT THOSE BONDS ARE ALSO THE
PRINCIPAL REASON WE HAVE FOR
PURSUING A PEACE THAT IS DURABLE
AND JUST FOR EVERYONE IN THE
REGION.
THAT PEACE WILL SERVE THE
PALESTINIAN PEOPLE JUST AS MUCH
AS JEWISH ISRAEL.
A SECURE HOMELAND OF THEIR OWN
AT PEACE WILL BE THE RESULT OF
REAL NEGOTIATIONS BASED ON
SHARED UNDERSTANDING OF WHAT IS
POSSIBLE.
AMERICANS, THE PEOPLE OF ISRAEL
AND THE PALESTINIAN PEOPLE ALL
HAVE A SHARED COMMON HERITAGE IN
PROPHETIC RELIGIONS.
HOPEFULLY, PRAYERFULLY TOGETHER
WE CAN ASPIRE TO A COMMON
PURPOSE TO BRING ENDURING PEACE
TO THE BIRTHPLACE OF THAT
HERITAGE.
MR. PRESIDENT, I YIELD THE
FLOOR.
A SENATOR: MR. PRESIDENT?
THE
SENATOR FROM MONTANA.
THANK YOU,
MR. PRESIDENT.
TODAY, MR. PRESIDENT, WE HAVE AN
OPPORTUNITY TO DO AWAY WITH A
LAW THAT TRAMPLES ON OUR
CONSTITUTIONAL RIGHTS, A LAW