[Congressional Record Volume 157, Number 16 (Thursday, February 3, 2011)]
[Senate]
[Pages S549-S550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 289. A bill to extend expiring provisions of the USA PATRIOT 
Improvement and Reauthorization Act of 2005, the Intelligence Reform 
and Terrorism Prevention Act of 2004, and the FISA Amendments Act of 
2008 until December 31, 2013, and for other purposes; read the first 
time.
  Mrs. FEINSTEIN. Mr. President, on January 25, I introduced S. 149, 
the FISA Sunsets Extension Act of 2011 to extend the three expiring 
provisions of the Foreign Intelligence Surveillance Act--the authority 
to conduct, subject to court order, so-called ``roving wiretaps,'' 
``lone wolf'' surveillance, and collection of business records. S. 149 
was referred to the Committee on the Judiciary.
  Today, I am reintroducing that legislation with a new, identical 
bill. This new bill, just as S. 149 would do, will extend these three 
authorities, otherwise set to expire on February 28, to December 31, 
2013. The bill will also change the expiration date of the intelligence 
collection authorities provided in the FISA Amendments Act of 2008 so 
they, too, last until the end of 2013.
  The sole purpose of reintroducing the measure is to begin the process 
under Senate rule XIV to place the reintroduced extension bill on the 
Senate calendar. The three provisions of FISA

[[Page S550]]

will sunset in a little more than 3 weeks. One of those weeks is a 
congressional recess. By placing the extension bill on the Senate 
calendar, we will, at least, be one procedural step closer to acting.
  On January 28, Attorney General Eric Holder and Director of National 
Intelligence James Clapper wrote to urge Congress to grant a 
reauthorization of sufficient duration to provide intelligence and law 
enforcement agencies with reasonable certainty and predictability 
concerning the tools available to them.
  The FISA sunsets have most recently been the subject of two short-
term extensions: a 2-month extension from December 31, 2009 to February 
28, 2010, and then a 1-year extension from that date to February 28, 
2011.
  In their January 28 letter, the DNI and the Attorney General 
expressed their concern about the devolution of FISA sunsets ``into a 
series of short-term extensions that increase the uncertainties borne 
by our intelligence and law enforcement agencies in carrying out their 
missions.''
  The letter states that ``S. 149, the FISA Sunsets Extension Act of 
2011, would avoid these difficulties by reauthorizing the three 
expiring provisions until December 2013, together with the provisions 
of Title VII of FISA that are currently scheduled to sunset next year. 
We look forward to working with you to ensure the prompt enactment of 
this or similar legislation.''
  Yesterday, the House and Senate Intelligence Committees also received 
a classified report from the Attorney General and the DNI on the 
important intelligence collection made possible by authority that is 
subject to the approaching sunset. The Department of Justice and the 
Office of the DNI have asked for our assistance in making this 
classified report available, in a secure setting, directly and 
personally to any Member of the Senate. We did so for a similar report 
a year ago when Congress considered the last sunset extension.
  Each Senator is invited to read this classified report in the 
Intelligence Committee's offices in 211 Hart Senate Office Building. 
The Attorney General and DNI have offered to make Justice Department 
and intelligence community personnel available to meet with any Member 
who has questions. Our Intelligence Committee staff is also prepared to 
meet with Members. Vice Chairman Chambliss and I are sending a Dear 
Colleague letter to each Senator conveying this invitation.
  In concluding, I call upon my colleagues in the Senate and House to 
heed the Attorney General's and DNI's concern about the uncertainty 
created by short-term extensions. The 3-year extension that my 
legislation proposes will give our law enforcement and intelligence 
officials the tools and certainty they need in protecting the Nation. 
It will align the several sunsets so that Congress can review FISA more 
comprehensively in 2013. In setting that date Congress will wisely be 
separating that review of FISA from the debates of a presidential 
election.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Hon. John Boehner,
     Speaker, U.S. House of Representatives,
     Washington, DC.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Nancy Pelosi,
     Democratic Leader, U.S. House of Representatives,
     Washington, DC.
     Hon. Mitch McConnell,
     Republican Leader, U.S. Senate,
     Washington, DC.
       Dear Speaker Boehner and Leaders Reid, Pelosi, and 
     McConnell:
       In the current threat environment, it is imperative that 
     our intelligence and law enforcement agencies have the tools 
     they need to protect our national security. The Foreign 
     Intelligence Surveillance Act (``FISA'') is a critical tool 
     that has been used in numerous highly sensitive intelligence 
     collection operations. Three vital provisions of FISA are 
     scheduled to expire on February 28, 2011: section 206 of the 
     USA PATRIOT Act, which provides authority for roving 
     surveillance of targets who take steps that may thwart FISA 
     surveillance; section 215 of the USA PATRIOT Act, which 
     provides expanded authority to compel production of business 
     records and other tangible things with the approval of the 
     FISA court; and section 6001 of the Intelligence Reform and 
     Terrorism Prevention Act, which provides the authority under 
     FISA to target non-United States persons who engage in 
     international terrorism or activities in preparation 
     therefor, but are not necessarily associated with an 
     identified terrorist group (the so-called ``lone wolf'' 
     amendment).
       It is essential that these intelligence tools be 
     reauthorized before they expire, and we are committed to 
     working with Congress to ensure the speedy enactment of 
     legislation to achieve this result.
       We also urge Congress to grant a reauthorization of 
     sufficient duration to provide those charged with protecting 
     our nation with reasonable certainty and predictability. When 
     Congress enacted the PATRIOT Act, it included a three-year 
     sunset on these authorities. While we welcome Congressional 
     oversight into the use of these tools, Congress did not 
     contemplate that this sunset would devolve into a series of 
     short-term extensions that increase the uncertainties borne 
     by our intelligence and law enforcement agencies in carrying 
     out their missions.
       S. 149, the FISA Sunsets Extension Act of 2011, would avoid 
     these difficulties by reauthorizing the three expiring 
     provisions until December 2013, together with the provisions 
     of Title VII of FISA that are currently scheduled to sunset 
     next year. We look forward to working with you to ensure the 
     prompt enactment of this or similar legislation.
       The Administration also remains open to proposals that 
     enhance protections for civil liberties and privacy while 
     maintaining the effectiveness of these and other intelligence 
     collection tools.
       Finally, we are prepared to provide additional information 
     to Members concerning these critical authorities in a 
     classified setting, as we did in connection with the previous 
     reauthorization of the expiring provisions.
       The Office of Management and Budget has advised us that 
     there is no objection to this letter from the perspective of 
     the Administration's program.
           Sincerely,
                                                 James R. Clapper,
                                Director of National Intelligence.
                                              Eric H. Holder, Jr.,
                                                 Attorney General.
                                 ______