I voted for this FISA legislation in the Intelligence Committee. I indicated then that I had some concerns about it. I filed additional views with respect to the need for stronger exclusivity provisions. Then the Judiciary Committee reported out a bill that included its view with respect to strengthening the fact that the Foreign Intelligence Surveillance Act would be the exclusive manner in which electronic surveillance against Americans could be conducted. The Judiciary bill subsequently failed on the floor of the Senate. The amendment I have at the desk is essentially the exclusivity language from that Judiciary Committee amendment. It has several cosponsors: the chairman of the Intelligence Committee, Mr. Rockefeller; chairman of the Judiciary Committee, Mr. Leahy; Senator Nelson of Florida; Senator Whitehouse; Senator Wyden; Senator Hagel; Senator Menendez; Senator Snowe; and Senator Specter. As filed this is an amendment that only covers exclusivity. In the interim period, the vice chairman of the Intelligence Committee approached me about the possibility of a modification of the amendment that would allow the administration to be able to operate outside of FISA for a time. We have not been able to come to terms on that amendment. I could not agree to the length of time that Mr. Bond proposed, which was 45 days plus an additional 45 days, for a total of 3 months, enabling the administration to operate without a FISA warrant.
Editor's note · Context
Discussing concerns and proposed amendments related to FISA legislation.
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