Dianne Feinstein: “this bill does not include language I authored to strengthen the exclusivity provisions of FISA. It has been reviewed by…”

“this bill does not include language I authored to strengthen the exclusivity provisions of FISA. It has been reviewed by the chairman of the Intelligence Committee, the chairman of the Judiciary Committee, and they are both cosponsors, as well as an additional cosponsor in Senator Bill Nelson of Florida, who is also a member of the Intelligence Committee. Basically, what this amendment does is strengthen FISA as the only and exclusive authority for gathering intelligence through electronic surveillance. It specifically closes the AUMF loophole I mentioned earlier, whereby the administration contends it does not need FISA approval. Second, it provides that only another statute, specific statute can constitute an additional exclusive means of electronic surveillance. Third, it strengthens the requirements for certifications. The administration must identify the specific provision of the law on which the certification is based. The exclusivity amendment I have submitted is intended to reinforce the legislative intent of the bill. In 1978, when the bill was passed, the court was to be absolute when conducting electronic surveillance against Americans for foreign intelligence purposes. Unfortunately, despite the 1978 language, the Bush administration decided it could go outside the law. That was both wrong and unnecessary.”