WASHINGTON, D.C. – The U.S. Senate today approved the “FISA Amendments Act of 2008,” which modernizes intelligence gathering techniques under the Foreign Intelligence Surveillance Act of 1978. Senate Republican Whip Jon Kyl (R-Ariz.) lauded its passage, though he expressed disappointment that Congress waited as long as it did to act.
“Since the Protect America Act expired over 120 days ago, our intelligence agencies have been left severely handicapped because they do not have the authority they need to monitor communications between newly-identified terrorists,” said Kyl. “Earlier this year, the Senate overwhelming approved on a bipartisan basis a bill to modernize FISA; but while that bill was supported by moderate Democrats in the House, it was blocked from consideration by House Democratic Leadership.”
“While I would have preferred adopting the Senate-passed version, I believe Congress could not allow another day to pass that our intelligence community is rendered blind to the activities of al Qaeda terrorists. Despite its flaws, the bill approved today will provide the authority we need for intelligence gathering.”
Kyl specifically cited concerns over the “sunset provision,” under which the provisions of this bill will expire by the end of 2012. He specifically points to a letter sent by the Director of National Intelligence and Attorney General to Congress that states “[e]very time we repeat this process [reauthorization] it risks exposing our intelligence sources and methods to our adversaries.”
Kyl also noted that the “exclusive means” provision – which is intended to limit the authority of the intelligence community to monitor terrorists – could complicate the ability of the intelligence community to conduct constitutionally-appropriate surveillance.
FISA, which was first enacted in 1978, created a court to oversee collection of foreign intelligence. The law was first amended after 9-11 to tear down the wall between criminal and intelligence investigations, and again in 2007 under the Protect America Act (PAA), to conform the legal procedures to the evolving technology of intelligence collection. The PAA expired in early February.
