[Congressional Record (Bound Edition), Volume 152 (2006), Part 1]
[Senate]
[Pages 1117-1118]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   NSA TERRORIST SURVEILLANCE PROGRAM

  Mr. CHAMBLISS. Mr. President, several weeks ago, after a highly 
classified program was leaked to the media, the President described 
certain activities of the National Security Agency that he authorized 
in the weeks following our Nation coming under direct attack on our own 
soil by Osama bin Laden's al-Qaida terrorists.
  As described by the President, the Vice President, the Attorney 
General, and experts from the Department of Justice and the 
intelligence community, the terrorist surveillance program at NSA 
targets very specific international communications of suspected and 
known al-Qaida operatives in a foreign country who are communicating 
with associates around the world and, occasionally, in a limited way, 
with individuals inside the United States. The purpose of the program 
is to collect foreign intelligence in an effort to identify and prevent 
another devastating attack on our homeland.
  As we have learned, the terrorist surveillance program is designed 
with the goal of preventing terrorist attacks in the United States and 
protecting the lives of Americans. Given the imperative to reliably and 
immediately detect and disrupt the plots of international terrorists 
who are intent on killing Americans, the President is acting well 
within his constitutional authorities.
  The Foreign Intelligence Surveillance Act has been, and continues to 
be, a valuable tool in protecting our national security interests in 
many cases. However, the world changed on September 11, 2001, 
demonstrating the importance that the President have the power and 
authority to protect the American people from future attacks of 
terrorism. Both the Constitution and the Congress grant the President 
that authority. FISA lacks the speed and agility necessary to fight the 
war on terror, and its bureaucratic requirements prevent the ``hot 
pursuit'' of international communications necessary to prevent attacks.
  As vitally important as it is to protect American lives, it is also 
important that Americans' rights are protected. That is exactly why the 
administration has put in place a system of responsible measures to 
ensure our civil liberties are also protected. In

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doing so, congressional leaders from both parties have been kept 
informed about the program from the start. Furthermore, this program is 
reauthorized approximately every 45 days to ensure it is still 
necessary, and that it is being used properly, and the activities 
conducted within this program are thoroughly reviewed by lawyers within 
the National Security Agency and the Department of Justice to ensure 
the program is only collecting the international communications of 
suspected terrorists here in the United States and elsewhere.
  Their oversight includes assuring an aggressive program is in place 
to assist the highly trained intelligence professionals at NSA verify 
that all activities are consistent with minimization procedures that 
weed out the identities of ordinary Americans and preserve civil 
liberties.
  I note that FISA, which has been the alternative that the critics of 
this program have looked to as the real program that should be used, 
requires a reauthorization every 90 days. Here the President and the 
administration have taken an additional precaution to protect the 
privacy rights of Americans by reauthorizing this program approximately 
every 45 days.
  On September 11, 2001, terrorists operating covertly inside the 
United States, and in contact with al-Qaida members overseas, 
perpetrated the worst attack on domestic soil in American history. 
Osama bin Laden recently reiterated publicly al-Qaida's intention to 
attack us again with operatives hiding within our borders.
  Congress identified al-Qaida as an enemy of this country by passing 
the authorization for the use of force, authorizing the President to 
use all necessary and appropriate force to protect our homeland.
  When the enemy is behind your lines, you must use every lawful tool 
at your disposal to find and stop them. That is why the President has 
authorized the terrorist surveillance program.
  As the 9/11 Commission pointed out, and as also the joint House-
Senate Intelligence Committee investigation, as well as the report from 
the Subcommittee on Terrorism and Homeland Security in the House, which 
was filed in July of 2002, reported, two of the terrorist hijackers who 
flew a jet into the Pentagon, Nawaf al Hamzi and Khalid al Mihdhar, 
were communicating with members of al-Qaida overseas while they were 
inside the United States preparing for the deadly attack of September 
11.
  Regrettably, we did not know this until it was too late. GEN Mike 
Hayden, the former Director of the National Security Agency and the 
Deputy Director of National Intelligence, indicated that had this 
program been in place before 9/11, these terrorists could have been 
detected and identified.
  Unfortunately, as a result of the public disclosure of this highly 
classified program, our enemies have learned information they should 
not have. Our national security has been damaged and Americans have 
been put at greater risk.
  In our recent Intelligence Committee open hearing, CIA Director 
Porter Goss commented that as a consequence of leaks in general, damage 
has been very severe to our capabilities to carry out our mission. 
General Hayden observed that our intelligence capabilities are not 
immune to leaks in the public domain.
  It is clear that this is an important program necessary to address 
the previous flaws in our early warning system that allowed at least 
two of the 9/11 murderers to live among us while they plotted our 
destruction. This vital program makes it more likely that terrorists 
will be identified and located in time to prevent another disaster. In 
fact, that may have already happened. It is a program that is conducted 
within the President's constitutional authority and is subject to 
review and oversight.
  It is also clear that continued leaks over this program are degrading 
our ability to continue to protect the lives of Americans.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Vitter). The Senator from Kentucky is 
recognized.

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