McCaul Advocates Long Term Fix of Intelligence Gap

(Washington, DC) - Yesterday, the Senate passed a broad, bipartisan bill that will help keep America safe by closing the terrorist loophole in our nation’s surveillance laws. This bill strengthens the ability of our intelligence agencies to protect American lives. House Republicans are prepared to join them, President Bush has said he would sign it into law and numerous House Democrats support its passage. However, after a temporary fix, a temporary extension, and almost seven months of delay on long-term FISA modernization, Speaker Pelosi rejected the Senate passed version of the bill, and the request of a coalition of her colleagues and instead, scheduled a pointless vote today on a third temporary extension of FISA. This evening, however, 34 Democrats joined every single voting Republican in defeating the Democratic leadership’s latest attempt to stall passage of a long-term FISA fix.

The Foreign Intelligence Surveillance Act (FISA) was initially established to provide a process for obtaining a court order to conduct foreign intelligence surveillance within the United States. Due to rapid changes in telecommunications technology, FISA frequently required government officials to obtain a court order to gather information on suspected terrorists and various other foreign intelligence targets located overseas, and communicating with others overseas, but sometimes communicating over networks which run through the US. Key House Democrats have, for months, ignored repeated warnings about the intelligence gap, even while cumbersome FISA restrictions hindered the search for kidnapped American soldiers in Iraq, two of which are still missing in action. While lawyers ensured that the complex requirements of FISA were met, intelligence collection relating to these two kidnapped American soldiers was delayed for more than nine hours. The proposed 21 day extension represents a failure to lead and a failure to protect our country.

“Before running for Congress, I worked in the Justice Department on national security wiretaps or FISAs. The intention of the FISA Act was never to apply to agents of a foreign power in a foreign country. It was to apply to agents of a foreign power in this country,” stated Congressman Michael McCaul

Congressman McCaul went on to say, “We have it within our ability to replace the expiring Protect America Act by passing strong, bipartisan FISA modernization legislation that can be signed into law, and we should do so – consequences of not passing such a measure could place our national security at undue risk. The Intelligence Community needs the Senate's comprehensive bill to provide long-term certainty in their efforts to protect the nation.”