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Fatally Flawed FISA

March 17, 2008
Weekly Columns

In August of last year the Protect America Act was passed by Congress and signed into law by the President. Hailed as a historic bipartisan achievement, the Protect America Act modernized the out-of-date Foreign Intelligence Surveillance Act (FISA). This critical legislation closed a dangerous gap in our country's intelligence capabilities by giving our overseas intelligence officials the lawful ability to intercept electronic communications of terrorists operating overseas. Unfortunately, the bill was only written to apply for the next six months. Now its provisions have expired and a new bipartisan bill passed in the Senate is being stonewalled by liberal members of the leadership in the House of Representatives.

The Senate was able to pass an important bipartisan FISA modernization bill, the FISA Amendments Act of 2007 earlier this month by 68 votes. Besides support from a majority of the Senate, a bipartisan group of 25 State Attorneys General wrote a letter to House leaders urging them to vote and pass the FISA Amendments Act of 2007. The refusal to bring this legislation to a vote in the House of Representatives is inexcusable.

Unfortunately the Speaker of the House and her allies have done everything but make time for true FISA reform. In the time that the Protect America Act expired, they have brought Roger Clemens forward to testify about steroid use in baseball and crafted a budget proposal that will cause the largest tax increase in American history. After weeks of stonewalling and after coming under harsh criticism by members of both parties, the Majority leadership finally brought forth a watered down and ineffective sham of a bill in order to claim to have done something.

Their proposal requires the Attorney General and Director of National Intelligence to get approval from a special FISA court before the government can monitor communications between suspected foreign terrorists. In a post 9/11 world, it is critical for intelligence to be intercepted in real time so that our country can be informed of the intentions of those who wish us harm. The Democrats' FISA proposal was needlessly partisan and is likely going to fail when returned to the Senate.

The American people deserve better protection- a safety that can be attained by giving our intelligence and counterterrorism officials the tools they need to do their jobs. I will continue to fight for the appropriate reforms that empower our nation's intelligence experts and create a safer and more secure country for our citizens.

Issues:Defense, National Security & Foreign Affairs