Sen. Tom Cotton (R., Ark.) on Wednesday spoke on the Senate floor in support of reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, which enables intelligence agencies to collect surveillance of foreigners suspected of terrorism.
"It’s one of the best tools we have for detecting and preventing terrorist attacks against our country, and it has a long track record of success," he said. "It’s one reason, for instance, that Najibullah Zazi today is not a household name, but yet just another bin Laden–wannabe sitting behind bars. He was planning to blow up the New York subway system, but never got the chance, because our Intelligence Community and law-enforcement professionals stopped him in his tracks—by information using Section 702 collection."
"That’s how vital this program is, and that’s why I’ll be voting yes on this legislation," he added.
Like Speaker Paul Ryan (R., Wisc.) did a week ago, Cotton called out "misinformation" over the measure and said he wanted to "set a few things straight."
Cotton said questions about the constitutionality of the program are unfounded.
He pointed out that Section 702 of FISA, the most criticized part, targets foreigners, not Americans.
"And you don’t have to take my word for it though. Every district court who has looked at this question has found Section 702 to be constitutional," Cotton said.
Cotton conceded that information about American citizens could incidentally be picked up during surveillance, but he said the only way to prevent incidental collection is to prohibit collection overall.
But the FBI needs to get a court order based on probable cause for a criminal investigation, Cotton made sure to say in his speech.
At the end of his speech, Cotton said that the intelligence community needed FISA to conclude Russia's role in interfering in the 2016 presidential election.
"It's past time we give this tool back to our Intelligence Community so they can continue the hard work of keeping our country safe," Cotton said.
The Senate voted 60-38 to end debate on a six-year reauthorization of Section 702 of FISA Tuesday after it passed the House last week.