Kennedy on FISA Amendments Act of 2007

Statement

KENNEDY ON THE FISA AMENDMENTS ACT OF 2007
United States Senate Judiciary Committee Executive Meeting

(As Prepared for Delivery)

This is one of our most important mark-ups. The Foreign Intelligence Surveillance Act is a landmark statute. For nearly 30 years, it has regulated government surveillance in a way that protects both our national security and our civil liberties and prevents the government from abusing its powers. It's because FISA enhances both security and liberty that it has won such broad support over the years from presidents, members of Congress, and the public alike. It is important to remember that until this Administration, no Administration had ever resisted FISA, much less systematically ignored it.

The bill we're considering was reported last month by the Intelligence Committee. Members of that committee worked hard on it, and I commend them for their diligent efforts. Their bill contains notable improvements over the Protect America Act, but it also has a number of defects that trouble me greatly. For instance:

* It redefines "electronic surveillance," a key term in FISA, in a way that is unnecessary and may have unintended consequences.

* It does not fully close the loophole left open by the Protect America Act, allowing warrantless interception of purely domestic communications.

* It's not clear that FISA and the criminal wiretap law are the sole legal means by which the government may conduct electronic surveillance.

* Its sunset provision is December 31, 2013. For legislation as complicated, important, and controversial as this, Congress should reevaluate it much sooner.

* It grants retroactive immunity to telecommunications companies that went along with the Administration's warrantless eavesdropping program. Such amnesty may help the Administration cover up its illegal spying, but it won't help our national security, and it will further undermine the rule of law.

It's the responsibility of this Committee to improve the bill to make it as effective as possible and ensure its constitutionality.

I commend Chairman Leahy and his staff for doing an excellent job in preparing the substitute bill now before us. Their bill respects the Intelligence Committee's reforms and clarifies and strengthens some of the most troubling language.

There is still much more to be done, however, and I expect to offer several amendments. I'm hopeful that working together, we can produce a bill that protects both our national security and our civil liberties in the best tradition of the Foreign Intelligence Surveillance Act.

Source