USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005--CONFERENCE REPORT--Continued -- (Senate - December 16, 2005)
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Mr. CORNYN. Mr. President, I come to the Chamber today to speak about the PATRIOT Act reauthorization conference report. While this agreement does not give everyone all that they want, it is the result of lengthy, difficult negotiations. It represents a reasonable compromise for all parties involved, and it extends tools important to our national security, while enhancing civil liberties protections.
It has been more than 4 years since the terrorist attacks of September 11, 2001. In the days, weeks, and months since that day, the American people have braced themselves for the possibility of another terrorist attack on our homeland.
After all, we know all too well that al-Qaida is a stealthy, sophisticated, and patient enemy, and its leadership is motivated to launch another devastating attack on American citizens and soil.
Outside the United States, al-Qaida and its affiliates have continued to be remarkably active, responsible for numerous attacks, spanning the globe from Pakistan to Bali, Spain to London.
It is precisely because al-Qaida is so aggressive, so motivated, and so demonstrably hostile to America that I am grateful that, to date, they still have not successfully launched another attack on our soil. There are undoubtedly many reasons for this. First and foremost: the brave men and women of our Armed Forces. They are fighting the terrorist abroad so that we do not have to face them at home. Also, our efforts to strengthen antiterrorism and law enforcement tools through the USA PATRIOT Act has had much to do with this record of success and peace to date.
This diligence that has kept us safe at home must continue. The war on terrorism must be fought aggressively--but consistent with the protection of civil rights and civil liberties. That is why I am disappointed when we witness false reports and scare tactics about phantom civil rights violations. Such reports and tactics serve no legitimate cause--but they do a grave disservice to the American people. Whenever real civil liberties problems do arise, we must learn about them right away, so that we can fix them swiftly. Congress works hard to strike both a careful and wise balance between national security and civil liberties. While this is not always easy, we do so with the best interests of our Nation in mind--and we do so in a manner that is both honest and in good faith. This conference report strikes a careful balance by both preserving the provisions that have made America safer since 9/11 and increasing congressional and judicial oversight--which should alleviate the concerns of those who believe the law enforcement tools endanger civil liberties.
Many who oppose this agreement do so because of concerns that law enforcement will abuse these tools. While a legitimate concern, it simply has not been borne out by facts. First, the reports issued by the Department of Justice's independent inspector general have repeatedly found no systematic abuses of any of the provisions of Patriot. Second, these provisions are carried out by professional and dedicated law enforcement officers in a way that respects the rights of all Americans.
It has been said that time is a great healer. And, as time goes by, the shock we all felt following the 9/11 attacks has abated, somewhat. But as we recall those terrible memories, we are reminded of the institutional failures of our Government that failed to prevent the attacks. And we as a Nation, and the Congress in particular, vowed to tear down the walls that prevented information sharing, and to enact other tools vital to defending this country. It is clear that the PATRIOT Act has played a significant role in this process, as it has been instrumental in dismantling terrorist cells from New York to Oregon.
The failure to pass this conference report will cause these critical tools to lapse. It will weaken our country by reverting to September 10th-era tools. We cannot allow that to happen. We are living in profoundly different times. There are obviously deep feelings about the PATRIOT Act from all quarters. I and others support the PATRIOT Act and have been vocal about making these provisions permanent. Because not everyone agrees with this view, negotiations and compromises took place to reach an agreement that achieves the dual goals of continuing these critical authorities and enhancing congressional and judicial oversight.
Some have proposed that we pass a 3-month extension to continue working on the reauthorization. I oppose that. The Congress placed a December 31, 2005, deadline for a reason. The President, the Attorney General and the House support this agreement. We should vote on this agreement, and I intend to vote for cloture and will support the conference report.
However, if we are searching for alternatives, I propose the Senate take up and immediately pass legislation that I cosponsored last Congress which would strike all of the sunsets contained in the PATRIOT Act. This would eliminate the deadline we face, those in the House and those in the Senate can offer what they consider improving legislation and work to move it through the regular legislative process. That way, none of the vital authorities will be allowed to lapse and any changes that majority of the Congress supports will be implemented through the regular order.
Beyond this proposal, I want to discuss some of the specific items addressed by the conference report and try to explain why I think this report should be supported, beginning with sunsets.
I have stated that I oppose sunsets for this important legislation. I believe that our intelligence and law enforcement officials should never again be left wondering whether the Congress will manage to agree to reauthorize the tools that protect our Nation.
But realizing that there are those who feel that these sunsets are important to the negotiations, I choose to support the sunsets, even though if we were going to have sunsets I would have preferred the 10-year sunsets included in the House-passed version. This conference report retains 4-year sunsets for two of the most controversial PATRIOT Act provisions, the multipoint or ``roving'' wiretaps and the business records provision.
It also includes a sunset for the ``Lone Wolf' provision added to the Foreign Intelligence Surveillance Act by last year's Intelligence Reform Act. This guarantees the Congress will review these provisions and continue to conduct rigorous oversight.
Senator Specter and others on the conference attempted to address civil liberty concerns in many ways, for example, dealing with the delayed search warrant provision. As my colleagues know, this section is not to sunset. Nevertheless, recognizing the sensitivity to this provision certain Members had, the conference report requires the Government to now give notice of any search under this provision within 30 days of its execution, unless the facts justify a later date certain.
Although the 30-day period is a few weeks longer than the 7-day time limit contained in the original Senate bill, it is considerably shorter than the 180 days permitted under the House bill. The conference report allows for extensions but only ``upon an updated showing of the need for further delay.'' Also, it limits any extensions to 90 days or less, unless the facts of the case justify a longer delay.
It also adds new public reporting on the use of delayed notice warrants, so that Congress and the American people will be better informed about the use of this provision.
My time is short today, but I want to briefly mention other civil liberties protections Chairman Specter negotiated. The report made explicit the ability of recipients of NSL letters and 215 orders to seek judicial review. Significantly, on both of these authorities, the conference report requires the inspector general to conduct two audits of these authorities, one audit covering 2002 through 2004; another covering 2005-2006. And, in recognition of concerns about NSLs, the conference report adds a new ``sunshine'' provision. Namely, it requires annual public reporting on NSLs, including the aggregate ``number of requests made by the Department of Justice.''
Additionally, this report gives the Senate Judiciary Committees access to significant FISA reporting currently provided to the Intelligence Committee. It also includes a provision cosponsored by Senators SPECTER and Leahy requiring that rules and procedures of the FISA court be supplied to Congress. It further creates new reporting requirements to Congress for the use of emergency authorities under FISA and requires new reporting on the use of emergency disclosures of communications information made under Section 212 of the PATRIOT Act. And finally, it retains a modified version of the data-mining report contained in the House-passed bill which will require the Department of Justice to submit a report to Congress on the Department's data-mining activities.
I also want to mention another provision contained in the conference report because it is based on legislation that I introduced in the Senate. The Narco-Terrorism Prevention Act confronts the new reality and very real danger of the deadly mix of drug trafficking and terrorism.
Terrorists, like the old organized crime syndicates from the past, have recognized that illegal drug trafficking is a valuable source of financing and another way to threaten our country.
My State is experiencing the collateral effects of a drug war being carried out by modern day narco-terrorists in Nuevo Laredo, Mexico. News reports have described an ongoing battle between rival drug cartels over drug smuggling routes from Mexico into the United States. These organizations assassinate police officers and other government officials in a clear attempt to force the local government to allow these organizations to carry on their illegal activity, unimpeded. Our government needs every available tool at its disposal to combat this activity.
This new provision makes it a Federal crime designed to punish the trafficking of controlled substances which are intended to benefit a foreign terrorist organization or any one else planning a terrorist attack. It also carries stiff penalties for anyone convicted. Importantly, it provides for extraterritorial jurisdiction which allows law enforcement to reach beyond our borders to arrest and deter those who intend to carry out a crime of this nature.
Mr. President, I have opposed changing the core provisions of the PATRIOT Act and have opposed any increase in the burdens for terrorism or national security investigations or on terrorism or national security investigators because they should have the same tools available to them as do ordinary criminal investigators.
We must remain vigilant, and we must make sure that evidentiary hurdles do not creep back into the law in terrorism and national security investigations. We should avoid moving back to a pre-9/11 mindset. I believe that the package before us today continues the reforms we have made in the post-9/11 period, and I intend to vote in favor of this package.
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