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Senate Overwhelmingly Passes Legislation to Help Keep America Safe
July 9, 2008
WASHINGTON, D.C. - U.S. Senator Jim Inhofe (R-Okla.), a senior member of the Senate Armed Services Committee, praised passage of H.R. 6304, the FISA Amendments Act of 2008 (Act) by a vote of 69-28. The measure will reform the 1978 Foreign Intelligence Surveillance Act (FISA) and provide the U.S. Intelligence Community the critically needed authority to acquire foreign intelligence information.
“Passage of this bill is a tremendous victory for ensuring the security of our nation,” Inhofe said. “We are one step closer to removing legal barriers for our Intelligence Community that could cost us the lives of our soldiers and innocent U.S. civilians. I look forward to the President signing this critical legislation soon.
“While today is a victory for our intelligence operations, it is extremely disappointing that Democrats have allowed several months to go by without enacting this vital legislation. We do not yet know what implications this delay has had on our national security. We learned in the aftermath of 9/11 that legal barriers prevented the Intelligence Community from notifying domestic policing agencies about the presence of known foreign terrorists within the United States. I hope that delaying this legislation has not had the same effect. Our enemies are very quick to adapt their methods of communications in order to elude our intelligence gathering. We must be able to adapt just as quickly in order to prevent them from killing any more Americans.
Under the Act, the Foreign Intelligence Surveillance Court (FISA Court) will ensure that the intelligence procedures being used are consistent with the Fourth Amendment of the Constitution.
“Importantly, as demonstrated by the overwhelming bipartisan support, this legislation strikes a balance between acquiring actionable intelligence and protecting the civil liberties of American citizens,” Senator Inhofe said.
Targeting procedures must be approved by the FISA Court before intelligence collection begins, except in circumstances where national security may be threatened, in which case the Intelligence Community may begin collection and seek review within seven days. The legislation also reiterates that procedures provided by FISA are the exclusive means by which foreign intelligence may be conducted. Furthermore, the program is designed to ensure that targeting procedures used by the Intelligence Community are directed only at persons reasonably believed to be outside the United States, and that minimization procedures be in place to protect innocent conversations of American citizens.
This legislation also allows for both prospective and retroactive immunity of telecommunications companies. Under this law, federal district courts will review whether a telecommunications company received certification from the Bush Administration that the actions were authorized and lawful. If there is substantial evidence that such certifications were made, immunity will apply.
“Currently, telecommunications companies that assisted the government in the Terrorist Surveillance Program face approximately 40 civil lawsuits. These companies have played a critical role in our ability to collect intelligence on foreign threats. Not granting them immunity would seriously hamper their willingness to cooperate with critical intelligence gathering in the future, and I am pleased the final version of this legislation includes these important immunity provisions,” Senator Inhofe said.
“This law should have been made permanent months ago, but I am thankful that an agreement was finally reached and our Intelligence Community can move forward with the legal authority that is necessary to protect our nation from further attacks.”
Related Links:
Inhofe Discusses Importance of Passing FISA
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