[Congressional Record (Bound Edition), Volume 153 (2007), Part 16]
[Senate]
[Page 22066]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 FOREIGN INTELLIGENCE SURVEILLANCE ACT

  Mr. SPECTER. Mr. President, I have sought recognition to comment on 
proposed legislation to revise the Foreign Intelligence Surveillance 
Act of 1978 to facilitate the electronic surveillance of targets 
reasonably believed to be outside the United States in order to obtain 
foreign intelligence information relating to international terrorism. 
When the act was passed in 1978, communications outside the United 
States were characteristically transmitted via satellite and were not 
covered by the act which applied to wires. In the intervening 29 years, 
such communications now travel by wire and are covered by the act.
  The civil and constitutional rights of U.S. persons would ordinarily 
not be involved in electronic surveillance of targets outside the 
United States. If persons inside the United States were surveilled 
while targeting outside the United States, then the minimization 
procedures would reasonably protect civil and constitutional rights of 
persons inside the United States.
  As the Director of National Intelligence, Michael McConnell, outlined 
the current threat, there is an urgent need to enact this legislation 
promptly, certainly before the Congress adjourns for the August recess. 
Such modifications to FISA should have been enacted long ago and 
legislation has been pending for months as proposed by Senator Dianne 
Feinstein and myself.
  I am concerned by provisions of the proposed legislation which would 
give extensive authority to the Attorney General. Regrettably, Attorney 
General Gonzales does not enjoy the confidence of many, if not most, 
Members of Congress. There is in the Congress generally considerable 
skepticism about the administration's Terrorist Surveillance Program 
because it was kept secret for so long and concerns continue to be 
expressed that some portions have still not been adequately explained 
to the public, even where that might be done consistent with national 
security.
  There has been considerable discussion among Members of the Senate 
raising at a minimum serious concerns and, beyond that, objections to 
giving Attorney General Gonzales any additional, even if temporary, 
authority.
  Discussions have been undertaken with the Director of National 
Intelligence to substitute his position for that of the Attorney 
General; or, in the alternative, to substitute the Secretary of 
Homeland Security or some other official outside of the Department of 
Justice who has been confirmed by the Senate.
  I am putting these concerns on the record now so that they may be 
considered and resolved at the earliest time so that legislation can be 
concluded before Congress adjourns for the August recess.

                          ____________________