Subject: Modernization of the Foreign Intelligence Surveillance Act (FISA)

    WASHINGTON, Aug. 3 /PRNewswire-USNewsire/ -- I greatly appreciate the
significant time many Members of the Senate and the House of
Representatives have taken to discuss with me the urgent need to modernize
FISA. I also appreciate the bipartisan support for ensuring the
Intelligence Community can effectively collect the necessary intelligence
to protect our country from attack. In view of the significance of this
issue, its impact on the Intelligence Community's ability to be effective
and the continuing dialogue to come to closure on an effective bill, it is
important for me to discuss the essential provisions needed by the
Intelligence Community.
    We must urgently close the gap in our current ability to effectively
collect foreign intelligence. The current FISA law does not allow us to be
effective. Modernizing this law is essential for the Intelligence Community
to be able to provide warning of threats to the country.
    Critical Changes Needed
    First, the Intelligence Community should not be required to obtain
court orders to effectively collect foreign intelligence from foreign
targets located overseas. Simply due to technology changes since 1978,
court approval should not now be required for gathering intelligence from
foreigners located overseas. This was not deemed appropriate in 1978 and it
is not appropriate today.
    Second, those who assist the Government in protecting us from harm must
be protected from liability. This includes those who are alleged to have
assisted the Government after September 11, 2001 and have helped keep the
country safe. I understand the leadership in Congress is not able to
address before the August recess the issue of liability protection for
those who are alleged to have helped the country stay safe after September
11, 2001. However, I appreciate the commitment of the congressional
leadership to address this particular issue immediately upon the return of
Congress in September 2007.
    Provisions that Harm Intelligence Community Operations
    The Intelligence Community should not be restricted to effective
collection of only certain categories of foreign intelligence when the
targets are located overseas. We must ensure that the Intelligence
Community can be effective against all who seek to do us harm.
    The bill must not require court approval before urgently needed
intelligence collection can begin against a foreign target located
overseas. The delays of a court process that requires judicial
determinations in advance to gather vital intelligence from foreign targets
overseas can in some cases prevent the rapid gathering of intelligence
necessary to provide warning of threats to the country. This process would
also require in practice that we continue to divert scarce intelligence
experts to compiling these court submissions. Similarly, critical
intelligence gathering on foreign targets should not be halted while court
review is pending.
    However, to acknowledge the interests of all, I could agree to a
procedure that provides for court review -- after needed collection has
begun -- of our procedures for gathering foreign intelligence through
classified methods directed at foreigners located overseas. While I would
strongly prefer not to engage in such a process, I am prepared to take
these additional steps to keep the confidence of Members of Congress and
the American people that our processes have been subject to court review
and approval.
    I appreciate the President's and the congressional leadership's
commitment to provide the Intelligence Community the necessary tools to
protect our country and keep us safe from those who seek us harm. My most
solemn duty is to protect America, provide warning, and ensure that our
Intelligence Community acts within our Constitution and laws.

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