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WYDEN CALLS FOR CHANCE TO AMEND
INTELLIGENCE AUTHORIZATION BILL
Senator says he will object to passage of legislation without Senate debate
on provision that would significantly affect Americans’ privacy rights

November 09, 2005

WASHINGTON, D.C. – U.S. Senator Ron Wyden (D-Ore.) indicated today that he will seek to amend the FY 2006 Intelligence Authorization bill to address strong concerns over a 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. Wyden placed a statement in the Congressional Record this afternoon announcing his intention to object to any unanimous consent request that would allow passage of the bill without debate or amendment. During Intelligence Committee consideration of the legislation, Wyden, a member of the Committee, expressed his strong opposition to the military intelligence provision and to another provision that would have eliminated important safeguards on the sharing of information between government agencies.

“Deputizing the military to spy on law-abiding citizens on American soil is an awfully big leap without the benefit of a single hearing or congressional debate,” said Wyden. “I intend to make certain this debate occurs in a responsible fashion.”

Under current law, military intelligence officials are required to declare that they work for the government when conducting these interviews. While three different committees – the Senate Intelligence Committee, the Senate Committee on Armed Services and the Senate Committee on Homeland Security and Governmental Affairs – have reviewed the legislation that would eliminate this safeguard, there has not been a single hearing on the effort to expand Department of Defense intelligence authority in this way.

As a matter of policy, Wyden publicly announces any formal objection he lodges with regard to the nominees or legislation, and does so with a formal statement in the Congressional Record. The text of Senator Wyden’s statement follows:


Statement of Senator Ron Wyden on S. 1803, the Intelligence Authorization Bill
November 9, 2005

M. 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 United States 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 United States 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 United States 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 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.

I ask unanimous consent that my statement be printed in the record.

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