Conference Report On H.R. 1, Implementing Recommendations Of The 9/11 Commission Act Of 2007
Mr. Speaker, I want to commend the chairman and ranking member for their bipartisan spirit on this bill. It was an honor and I was proud to be a conferee to this report. This is not a perfect bill. We raised concerns at the conference…
Mr. Speaker, I want to commend the chairman and ranking member for their bipartisan spirit on this bill. It was an honor and I was proud to be a conferee to this report.
This is not a perfect bill. We raised concerns at the conference regarding the 100 percent screening for cargo containers, and I don't believe that's a realistic assessment. However, there were enough exceptions to give the Secretary flexibility that I felt comfortable.
Also, the Visa Waiver Program which the terrorists have exploited. However, under this bill, those provisions will be strengthened.
But nearly 6 years after the attacks of September 11, I believe it is now time to implement the 9/11 Commission's recommendations, but I want to focus my remarks at this moment on a unique opportunity we had with this bill and with the conference to address a gaping loophole in our national security, and that is regarding the FISA statute and FISA reform bill.
When I worked in the Justice Department, I worked on national security wiretaps, or FISAs as they were referred to. I believe that intelligence is our first line of defense in this war on terror, and the 9/11 Commission recognized this when they said there were systematic problems with covering communications of potential terrorists.
Just recently, Director McConnell wrote a letter to Chairman Reyes of the Intelligence Committee, and I think it's important to know what he said. He said: ``Our Nation faces an intelligence `gap,' a situation in which
our intelligence community everyday is `missing a significant portion of what we should be getting' in order to protect the American people.
``Under FISA today, `we are significantly burdened in capturing overseas communications of foreign terrorists planning to conduct attacks inside the United States.' ''
As the head of the Nation's intelligence community, he says that, ``I am obligated to provide warning of threats of terrorist activity and I have deep concern of the current threat situation.''
Indeed, the National Intelligence Estimate, recently published, concluded that our Nation faces a determined al Qaeda.
``If we are to stay a step ahead of the terrorists and protect the American people,'' he says, ``I firmly believe that we need to be able to use our capabilities to collect foreign intelligence about foreign targets overseas without the requirements imposed by an out-of-date FISA statute.
``Simply put,'' he says, ``in a significant number of cases,'' this is the Director of National Intelligence, ``we are in the unfortunate position of having to obtain court orders to effectively collect foreign intelligence about foreign targets located overseas.''
He says, ``It is essential that the administration and Congress work together and without delay to close the current intelligence gap by amending the FISA statute.''
I will say that every day we waste by not amending the statute and closing this gaping loophole in our national intelligence law, every day we take a risk of another attack on the United States, and I call upon my colleagues on the other side of the aisle to work with us to get this done before we go home for the August recess.