Prepared Statement of Senator Chuck Grassley of Iowa
U.S. Senate Committee on the Judiciary
“Strengthening FISA: Does the Protect America Act Protect
Americans’ Civil Liberties and Enhance Security?”
Tuesday, September 25, 2007
Mr. Chairman, thank you for holding this hearing today to examine the Protect America Act passed by Congress prior to the August recess. I believe that this hearing is necessary to address important questions surrounding the collection and review of intelligence gathered in accordance with the Protect America Act and the original Foreign Intelligence Surveillance Act (FISA) passed in 1978. This is a very sensitive area and given that we are in an open, unclassified setting we must be mindful of the questions we ask. That said, Congress must continue its important work to fulfill its Constitutional duty and conduct oversight over both the collection and gathering of intelligence to ensure that the rights of citizens are upheld.
I appreciate Director of National Intelligence McConnell’s testimony and thank him for making himself available to the Committee and to members to discuss the Protect America Act and necessary updates to FISA. Further, I’d also like to thank the countless individuals in our intelligence community who have worked diligently in protecting our country and our soldiers by providing vital intelligence and information.
Since the attacks on September 11, 2001, this Committee has reviewed FISA and the process surrounding the collection of foreign intelligence numerous times. Immediately following September 11, Senator Leahy, Senator Specter and I conducted a review of the activities of the FBI and the Department of Justice in utilizing FISA to collect evidence against Zacarias Moussaoui. In February of 2003, we issued an interim report on FISA Implementation Failures by the FBI. This report concluded that FBI officials misapplied FISA requirements regarding the determination of whether Moussaoui was an agent of a foreign power under the FISA statute. Further, our report found that the FBI failed in applying the applicable standard for determining when probable cause existed under the FISA statute. Finally, and most notably, the report found that “FBI personnel involved in the FISA process were not properly trained to carry out their important duties.” These failures were real and raised serious questions about the handling of national security matters by the Department of Justice and the FBI.
The 2003 report is a reminder of this Committee’s mission in conducting oversight over the Department of Justice and the FBI. We must be cognizant that both DOJ and FBI play a vital role in interpreting and applying the letter of the FISA statute. At the same time, must also be sure that adequate training, education, and resources are devoted to the Department of Justice and the FBI as they work to implement any changes we make to FISA.
Mr. Chairman, we have a duty to the American people to ensure that as we address the Protect America Act and the FISA statute as a whole, that we pass a law that is not only understandable to the intelligence community, but one that is workable for law enforcement as well.
Although I will be unable to attend the hearing as I must serve as the Ranking Member at a hearing before the Committee on Finance, I thank the Chairman for holding this hearing and look forward to the testimony of the witnesses.
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