Senator Webb on Senate Passage of Measure to Amend the Foreign Intelligence Surveillance Act
Senator Webb on Senate Passage of Measure to Amend FISA
“Yesterday I supported two measures to amend the Foreign Intelligence Surveillance Act. These measures were considered against the backdrop of heightened concerns from our nation's intelligence community abut the threat of international terrorism. The ramifications of the two amendments before us last night were not political. Instead they related to the urgent demands of national security. I chose to heed those warnings. We now have six months to work in earnest to bring full accountability to the process.
“This distinction and the threats to national security were stated clearly by Admiral McConnell as well as four of the eight Democratic members of the Senate Intelligence Committee. These members, Senators Feinstein, Mikulski, Bayh, and Bill Nelson, have extensive experience on intelligence matters and are respected champions of civil rights and liberties. They chose to give significant weight and deference to the intelligence community on FISA reform, and so did I.
“There is near uniform, bipartisan agreement on the need to reform FISA to reflect modern telecommunications and information technology. We must do so in a way that safeguards basic civil and constitutional rights. But we must also remember that the terrorist threat to the nation is extremely serious. I remain fully committed to bringing accountability to this process, and to protecting the privacy rights of all Americans.”
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Floor Statement of Senator Dianne Feinstein, Member of the Senate Intelligence Committee:
I remember well, the day I saw the letter from Admiral McConnell, I believe the day was July 24th. That’s not a long time ago, but it was a kind of wake up call to us because what that letter says is, in essence, is that he believes the United States is vulnerable and he believes we need to move quickly to change FISA.
Now, from an intelligence point of view, many of us believe that the chatter is up. It is not necessarily well-defined. But that during the 9/11 period that this is clearly a period of heightened vulnerability. Therefore, what Admiral McConnell wants to do is be able to better collect foreign intelligence. I very much respect what has happened. I respect the bill that’s been put together on the Democratic side and I respect the bill that was put together on the Republican side which is really the McConnell bill on that side.
The Senator from Wisconsin might be interested to know that some of us just met with Admiral McConnell particularly to discuss Senator Feingold’s concern and there is a different point of view and a U.S. citizen in Europe, is, in fact, covered under certain specific laws – not FISA – but precisely 1233._ which I cannot remember at the present time comes into play and that U.S. citizen is subject to a warrant from the court.
Now, this is a temporary bill. It’s to fill a gap. The court has done something which has said that what has existed for decades with respect to the collection of foreign intelligence now cannot exist under the present law and we need to change that law. It is my intention to vote for both bills. The reason I vote for both bills is to see that some bill gets the required 60 votes to get passed tonight. We are going out of session. There is no time. I think this is unfortunate. I received the democratic bill about 20 minutes ago, went into the leader’s office, tried to sit down and get briefed. Up to this point, I still don’t understand it. I spent all afternoon on the McConnell bill and am just beginning to understand the subtleties in it and the others laws that come into play.
So this is not going to be an easy vote, I think, for anyone, but we have to think of right now is on a temporary basis how do we best protect the people of the United States against a terrible attack. I thank the Chair. I yield the floor.
Floor Statement of Senator Barbara Mikulski, Member of the Senate Intelligence Committee:
Mr. President, I’m a member of the intelligence Committee, and like all member, I take my oath to defend this country against all enemies, foreign and domestic, very seriously. Real threats to our country remain and as we approach the anniversary of September 11th, this is a time for more vigilance.
We have two proposals tonight. The Rockefeller-Levin proposal is the most desirable while the McConnell proposal is also acceptable. These proposals are consistent with the principles t at the D.N.I requested to improve the FISA process. It enhances Intel collection against terrorist operatives communicating overseas foreign to foreign. At the same time, it does provide legal safeguards to protect the rights of Americans consistent with law, a warrant is still required. I think it’s time to vote. I think it’s time to protect America.
http://webb.senate.gov/newsroom/record.cfm?id=280575&
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