Report from Congress

Statement

REPORT FROM CONGRESS

By Congressman Roger F. Wicker

WICKER: BOOST INTEL CAPABILITY, CLOSE ‘TERRORIST LOOPHOLE'

Key legislation is being advanced in Congress to modernize intelligence-gathering activities with revision of the Foreign Intelligence Surveillance Act (FISA). This action would enable U.S. intelligence agencies to secure the most time-sensitive information about terrorist plots against our country. There is bipartisan agreement that changes are needed in the law to adapt to rapidly-changing communications technology, but the measure is seriously flawed.

The pending legislation fails to close a critical loophole that could aid terrorists and put the American people at risk. FISA should be crafted in a manner that continues existing privacy protections for American citizens while giving our intelligence agencies the capability to listen in when terrorists are plotting against our country.

UNACCEPTABLE, DANGEROUS HURDLES

While the bill would authorize timely warrantless wiretapping of illegal aliens, felons, and drug dealers, it would not extend that authority to tracking terrorists. Instead, a court order would be required before intelligence agencies could listen to conversations of non-U.S. citizens at locations outside the United States. Even if our government had solid evidence that a terrorist attack might be imminent, this bureaucratic hurdle would still have to be cleared before intelligence agents could tap into the conversation.

This issue arose in August when FISA revisions were first considered in the House. Republicans were successful in closing this "terrorist loophole" during those deliberations, but the fix was only temporary. The extension expires in February. The language in that legislation clearly states that a court order is not required to listen to foreign targets engaged in a telephone conversation overseas. It is a matter of national security and plain common sense to include this provision in the permanent reauthorization.

ADAPTING TO 21ST CENTURY TECHNOLOGY

Worldwide communications have advanced dramatically in the nearly 30 years since FISA was enacted. Terrorists have adapted to this 21st century technology, and it is imperative that U.S. law is changed to meet these challenges.

Imagine a scenario where U.S. intelligence officials are attempting to listen to a conversation between Osama Bin Laden from a location in Asia and an Al Qaeda operative in the U.S. Some Democratic Members of Congress still believe our agents should be required to seek a court order before listening to such a call. This approach is simply wrong and would hamper the ability of our intelligence agencies to act quickly to thwart terrorist activities aimed at killing Americans.

PRESIDENTIAL VETO LIKELY

Reauthorizing FISA is an essential step in providing our intelligence agencies with the flexibility to fight the war on terror. It is unfortunate that the Democrat majority is pushing this legislation without closing the terrorist loophole. If this they succeed, I am confident President Bush will veto the bill and that his veto will be sustained. This would offer another opportunity for Congress to reach a bipartisan agreement that will make us safer and still guarantee the basic privacy rights of every American.

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