FISA Modifications

Floor Speech

FISA MODIFICATIONS -- (Senate - August 03, 2007)

BREAK IN TRANSCRIPT

Mr. HATCH. Mr. President, as Congress prepares to adjourn for the traditional August recess, I want to draw continued emphasis to a significant issue: FISA modernization.

I am greatly encouraged by the bipartisan negotiations concerning this topic. However, I remain troubled about the possibility of adjournment without resolution of this vital initiative. It is very--simple passing a bill with limited FISA modernization will contribute to a safer America. If passing this bill means we must delay our recess, then we must do it. We should be able to get together today, though.

Do you think al-Qaida takes a recess? It is essential that we not adjourn until we send an appropriate bill to the President.

While some issues that we debate in Congress necessitate that we persuade Members of a pressing need, this is not one of them. Every Senator in the 110th Congress knows that the current FISA statute has loopholes which are putting our country at increased risk.

How should we tackle this issue? I suggest we take a logical and sound approach: Identify the problem, discuss and debate solutions, implement the solution. In this case, we have identified the problem.

The Foreign Intelligence Surveillance Act has not been changed to reflect the vast technological changes that have occurred since this law was passed in 1978. Since the law has not been appropriately modified, our Nation is missing potentially valuable intelligence that is essential to protect our country. Getting this intelligence is essential for our safety. It is about getting the enemy's secrets--their plans and intentions--without them knowing we've got them.

The Director of National Intelligence, Mike McConnell, has done a tremendous job in explaining the exceptional problems that our intelligence community continues to encounter based on antiquated sections of the law. When the United States Director of National Intelligence says our country is at risk, I hope we are listening. Let me read a quote that Director McConnell recently stated:

Many Americans would be surprised at just what the current law requires. To state the facts plainly: In a significant number of cases, our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activity who are physically located in foreign countries. We are in this situation because the law simply has not kept pace with technology.

This is a powerful statement that Director McConnell gives. However, I must disagree with one thing he says. I don't think most Americans would be ``surprised'' by what our current law requires, I think most Americans would be outraged by what our current law requires. A terrorist in Afghanistan speaks with a terrorist in Iraq, and U.S. intelligence agencies need a court order to listen to this conversation?

This is absurd.

We need to bring FISA back to its original intent to protect the rights and privacy of American individuals while allowing us to monitor foreign individuals outside of the United States.

The President of the United States has also recognized the perilous situation in which we find ourselves. In his radio address last weekend, he stated that ``Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country.''

Let's look closely at this. Our intelligence community is saying that we are missing a significant amount of foreign intelligence. Why are we missing this intelligence? Is it because we don't know how to get it?

No.

Is it because we don't have the ability or funds to get it?

No.

Is it because terrorist groups have technology that we can't exploit?

No.

It is because a law passed in 1978 has not been appropriately amended to conform with the technological advances that we have seen since that time. Why are we handcuffing ourselves?

I believe most Americans would look at this situation and simply shake their heads.

If we know we have a problem, and we know how to fix it, why don't we? Is the excuse that we might not have enough time before recess?

Of course we have time.

We'll make time.

It is outrageous that we would even consider a recess while this problem and other loopholes of the FISA law remain intact.

If we can't get this done, why are we here? It is no wonder that the approval ratings for Congress are approaching all time lows.

Quite simply, we have a problem, but we know how to fix it. I note that Senator Bond has introduced a straight forward measure which we can pass today.

This bill will put the tools back in the hands of the people who work tirelessly in providing a safe environment for American families throughout this great country.

This amendment of FISA simply returns the law to its original intent, which is twofold: first, allowing surveillance of foreign targets, who were never underprotected under FISA; and second, guaranteeing the privacy and rights of U.S. persons, who remain protected.

It is time to address this situation. I would ask my colleagues to join me in pledging to pass legislation in this area before we recess. This is not about partisan politics.

This is about protecting Americans. We are all painfully aware of the continued dangers that our country continues to face at the hands of organized groups and dedicated individuals who desire nothing more than the collapse of our country as a superpower.

This is not a case of the boy who cried wolf. We know the threats are out there. However, each day that passes creates emotional distance between the nightmares of September 11, and each new day provides opportunities to heal.

We don't have to live our lives in fear, but we have to acknowledge that the world changed that day. Rather than obsessing over news reports, let's enjoy the tremendous opportunities that the greatest Nation on Earth provides.

And let's ensure that all of the dedicated and noble professionals who play a part in ensuring our liberty and safety are not hampered by nonpartisan problems that we have the ability to fix.

We always hear that the terrorists have an asymmetrical advantage over us: They do not operate as nation-states, and some of them are willing to die as suicide bombers.

But we have a massive asymmetrical advantage over them: Our technological prowess.

Are we to compromise one of our greatest strengths, when that strength is essential, effective and lawful?

I remind my colleagues that even though we will return to our States for the recess, our enemies and their threats don't go away. They don't adjust their schedules to fit ours.

Make no mistake, inaction on our part needlessly subjects every American to increased danger. We need to act.

We have two options: Cut into August recess if necessary to provide safety to Americans, or go home and leave this vulnerability intact.

The answer is an easy one: Let's ensure that our defenders have all of the tools they need for our continued safety, no matter how long it takes.

I urge my colleagues to join me in pledging to pass FISA modernization legislation before our recess. I yield the floor.

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