[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Senate]
[Pages S12603-S12604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE INTELLIGENCE AUTHORIZATION BILL

  Mr. WYDEN. Mr. President, This year's intelligence authorization bill 
is a key piece of legislation for all Americans and one that I hope to 
be able to support. But, as written, the bill is marred by the presence 
of provisions that pose serious concerns for Americans' privacy rights. 
Among them is one provision that would permit military intelligence 
officials to conduct covert interviews of U.S. persons on U.S. soil to 
assess them as potential intelligence sources without disclosing their 
government affiliation. With this provision in the legislation, I am 
compelled to announce my intention to object to any unanimous consent 
request to bring S. 1803, the intelligence reauthorization bill, to the 
Senate floor for approval without the opportunity for debate and 
consideration of amendments.
  This legislation has been considered by three different Committees: 
The Senate Intelligence committee, the Senate Committee on Armed 
Services, and the Senate Committee on Homeland Security and 
Governmental Affairs. Three different committees have reviewed the 
legislation, but there has not been a single hearing on the expanded 
power the administration is seeking to enable DOD personnel to demand 
information of law-abiding U.S. citizens without having to disclose to 
them who they are, on whose behalf they are seeking personal and other 
information or what they intend to do with this information.
  The CIA already possesses the statutory authority to engage in such 
surreptitious interrogations of U.S. citizens, and the Department of 
Defense has not in my mind made the case for gaining this new authority 
as well. In fact, the DOD has not provided any evidence that the 
failure to have this authority has resulted in damage to U.S. national 
security.
  According to recent press reports, the FBI has gained access to tens 
of thousands of pieces of information about U.S. citizens through 
national security letters. This information reportedly ranges from 
where a person makes and spends money and who they live with to where 
they travel and who they email. All of this information has been 
deposited in government data banks, and according to press reports, 
this personal information is shared widely, without restriction. The 
same press reports say that tomorrow not only will such information be 
shared within the Federal bureaucracy but it will be made available to 
State, local and tribal entities, and ``appropriate private sector 
entities.''
  I remain steadfast in my belief that you can protect national 
security without gutting civil liberties; and this legislation, as it 
currently is written, is out of balance. A debate on something as 
important as protecting the rights of our constituents to their privacy 
and shielding against the surreptitious shakedown of law-abiding 
citizens is one instance when Americans can and must be invited into 
the process.
  Shining sunlight on intelligence information for the benefit of 
Americans

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and policymakers alike is critical to our security. Congress must work 
to improve information sharing, and we owe it to the American people to 
make sure that safeguards remain in place to ensure that sensitive 
personal information is not tossed around inappropriately.

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