Floor SpeechBipartisan2026-04-28

UNANIMOUS CONSENT AGREEMENT--S. 4344

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Context

On 2026-04-28, Senator Ron Wyden (D-OR) delivered a floor speech titled "UNANIMOUS CONSENT AGREEMENT--S. 4344" in the Senate. The speech addressed taxes and also covered foreign policy, defense. It referenced legislation including S4344, S2064, S2065.

Full Text

UNANIMOUS CONSENT AGREEMENT--S. 4344

Congressional Record, Volume 172 Issue 74 (Tuesday, April 28, 2026) [Congressional Record Volume 172, Number 74 (Tuesday, April 28, 2026)] [Senate] [Pages S2064-S2065] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] UNANIMOUS CONSENT AGREEMENT--S. 4344 Mr. THUNE. Mr. President, I ask unanimous consent that the cloture vote on the motion to proceed to Calendar No. 373, S. 4344, occur at a time to be determined by the majority leader in consultation with the Democratic leader, no later than Friday, May 1. The PRESIDING OFFICER. Is there objection? Mr. WYDEN. Reserving the right to object. The PRESIDING OFFICER. The Senator from Oregon. Mr. WYDEN. Mr. President, the Senate is now delaying a vote on FISA because Members are waking up to the fact that this surveillance authority is too dangerous to hand to any President without new reforms. And here is the bottom line. If there were the votes today to advance this bill right now, we would be voting. But when it comes to reauthorizing section 702, I am here to offer the judgment that the only path forward is reform. Here is how we got here. Two weeks ago, the leadership in the House executed the oldest play in the book when it comes to surveillance: They waited until a week before the bill was set to expire, there was no time to debate, and they tried to pass a straight reauthorization without reforms. What happened? A bipartisan coalition said: No way. Then they came back with a new bill that week, but it turned out that these so-called reforms made FISA 702 less accountable. That bill failed. Then the House voted on a straight extension of the law--again with no reforms. A bipartisan coalition voted that down. And now, this week, the House Republican leadership tried to sell a fake reform to their Members a third time. Once again, the body is in disarray. It is clear that Senators who voted to support the current FISA surveillance law in the past are now rethinking their positions. Every day, this administration demonstrates its contempt for the rule of law and its thirst for absolute power. They have destroyed [[Page S2065]] oversight and guardrails and trampled on the rights of the American people. They have attacked and killed protesters and observers, seized the records of journalists, and gone after political enemies, including Members of Congress. There are many ways in which 702 can be abused by the administration, including warrantless searches of Americans' communications in 702 data. The fact is, there are alarm bells pointing to administration abuses. What kind of abuses? Month after month, Trump administration officials have been trotting out conspiracy theories about elections and voting. These theories include accusations of foreign involvement. The Director of National Intelligence even showed up at the FBI's ballot-seizing raid in Fulton, GA. And one of her excuses: She was there to protect against foreign interference. These conspiracy theories open the door for more warrantless 702 searches, all to try to discredit American elections. The Trump administration has also been abusing its authorities to go after journalists whose stories they don't like. All it takes is an accusation of a foreign connection and they can be subjected to 702 searches. Then there are protesters who the administration could accuse of being connected to antifa groups. When the guardrails are gone and the abuses are clear, there is only one solution: Congress must require court-ordered warrants to conduct searches on Americans. There ought to be exceptions, but only for emergencies. I am going to close with one last important issue that colleagues are approaching all of us to ask about, and that is the role of AI in supercharging surveillance abuses. The Trump administration is going full speed ahead on AI, and Americans are rightly concerned about how artificial intelligence is going to affect their privacy rights. In the case of section 702, the government could use artificial intelligence to process huge amounts of data to identify Americans for warrantless searches. These technological advances are happening so fast, and Congress needs to step up and protect Americans. New tools require new rules, and it really applies to artificial intelligence. So when the Senate returns to vote on government surveillance, I am here to say another effort to jam this bill through without reforms is also going to be dead as a doornail. I urge all Members to come forward and work in a bipartisan way because security and liberty are not mutually exclusive. Smart policies get you both; not so smart policies get you neither. I urge my colleagues to recognize that at this moment it is right for the Senate to postpone the vote. It is the second time we have postponed a vote because the country doesn't buy this argument that we should sacrifice our liberty in order to have security. We can find both. I urge my colleagues to use this interim period to make sure that actually happens, and I intend to be on the floor objecting at every opportunity if it doesn't. I yield the floor. The PRESIDING OFFICER. Is there further objection? The majority leader. Mr. THUNE. Mr. President, let me just say to my colleague from Oregon that, obviously, there are, I think, constructive conversations going on right now about how to address some of the concerns that he has raised on this. But I would also say that, by midnight on Thursday, this authority goes dark. It is authority that our military leadership and intelligence leadership rely on heavily to keep the United States safe, and so I hope we can find a way to proceed with this in a fashion that doesn't allow this authority to go dark at midnight on Thursday. The PRESIDING OFFICER. The Senator from Oregon. Mr. WYDEN. Mr. President, just so we are clear, there is authority to continue the protections for the American people already. We will have that debate. I am eager to work with colleagues on both sides of the aisle. We have to recognize that the only path forward for the American people is actual reform and not just cliche's. I yield the floor. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________

Referenced legislation: S4344, S4344

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UNANIMOUS CONSENT AGREEMENT--S. 4344 Congressional Record, Volume 172 Issue 74 (Tuesday, April 28, 2026) [Congressional Record Volume 172, Number 74 (Tuesday, April 28, 2026)] [Senate] [Pages S2064-S2065] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] UNANIMOUS CONSENT AGREEMENT--S. 4344 Mr. THUNE. Mr. President, I ask unanimous consent that the cloture vote on the motion to proceed to Calendar No. 373, S. 4344, occur at a time to be determined by the majority leader in consultation with the Democratic leader, no later than Friday, May 1. The PRESIDING OFFICER. Is there objection? Mr. WYDEN. Reserving the right to object. The PRESIDING OFFICER. The Senator from Oregon. Mr. WYDEN. Mr. President, the Senate is now delaying a vote on FISA because Members are waking up to the fact that this surveillance authority is too dangerous to hand to any President without new reforms. And here is the bottom line. If there were the votes today to advance this bill right now, we would be voting. But when it comes to reauthorizing section 702, I am here to offer the judgment that the only path forward is reform. Here is how we got here. Two weeks ago, the leadership in the House executed the oldest play in the book when it comes to surveillance: They waited until a week before the bill was set to expire, there was no time to debate, and they tried to pass a straight reauthorization without reforms. What happened? A bipartisan coalition said: No way. Then they came back with a new bill that week, but it turned out that these so-called reforms made FISA 702 less accountable. That bill failed. Then the House voted on a straight extension of the law--again with no reforms. A bipartisan coalition voted that down. And now, this week, the House Republican leadership tried to sell a fake reform to their Members a third time. Once again, the body is in disarray. It is clear that Senators who voted to support the current FISA surveillance law in the past are now rethinking their positions. Every day, this administration demonstrates its contempt for the rule of law and its thirst for absolute power. They have destroyed [[Page S2065]] oversight and guardrails and trampled on the rights of the American people. They have attacked and killed protesters and observers, seized the records of journalists, and gone after political enemies, including Members of Congress. There are many ways in which 702 can be abused by the administration, including warrantless searches of Americans' communications in 702 data. The fact is, there are alarm bells pointing to administration abuses. What kind of abuses? Month after month, Trump administration officials have been trotting out conspiracy theories about elections and voting. These theories include accusations of foreign involvement. The Director of National Intelligence even showed up at the FBI's ballot-seizing raid in Fulton, GA. And one of her excuses: She was there to protect against foreign interference. These conspiracy theories open the door for more warrantless 702 searches, all to try to discredit American elections. The Trump administration has also been abusing its authorities to go after journalists whose stories they don't like. All it takes is an accusation of a foreign connection and they can be subjected to 702 searches. Then there are protesters who the administration could accuse of being connected to antifa groups. When the guardrails are gone and the abuses are clear, there is only one solution: Congress must require court-ordered warrants to conduct searches on Americans. There ought to be exceptions, but only for emergencies. I am going to close with one last important issue that colleagues are approaching all of us to ask about, and that is the role of AI in supercharging surveillance abuses. The Trump administration is going full speed ahead on AI, and Americans are rightly concerned about how artificial intelligence is going to affect their privacy rights. In the case of section 702, the government could use artificial intelligence to process huge amounts of data to identify Americans for warrantless searches. These technological advances are happening so fast, and Congress needs to step up and protect Americans. New tools require new rules, and it really applies to artificial intelligence. So when the Senate returns to vote on government surveillance, I am here to say another effort to jam this bill through without reforms is also going to be dead as a doornail. I urge all Members to come forward and work in a bipartisan way because security and liberty are not mutually exclusive. Smart policies get you both; not so smart policies get you neither. I urge my colleagues to recognize that at this moment it is right for the Senate to postpone the vote. It is the second time we have postponed a vote because the country doesn't buy this argument that we should sacrifice our liberty in order to have security. We can find both. I urge my colleagues to use this interim period to make sure that actually happens, and I intend to be on the floor objecting at every opportunity if it doesn't. I yield the floor. The PRESIDING OFFICER. Is there further objection? The majority leader. Mr. THUNE. Mr. President, let me just say to my colleague from Oregon that, obviously, there are, I think, constructive conversations going on right now about how to address some of the concerns that he has raised on this. But I would also say that, by midnight on Thursday, this authority goes dark. It is authority that our military leadership and intelligence leadership rely on heavily to keep the United States safe, and so I hope we can find a way to proceed with this in a fashion that doesn't allow this authority to go dark at midnight on Thursday. The PRESIDING OFFICER. The Senator from Oregon. Mr. WYDEN. Mr. President, just so we are clear, there is authority to continue the protections for the American people already. We will have that debate. I am eager to work with colleagues on both sides of the aisle. We have to recognize that the only path forward for the American people is actual reform and not just cliche's. I yield the floor. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________ Referenced legislation: S4344, S4344