Majority Whip Clyburn : MajorityWhip.gov

Clyburn Responds to President's Comments on FISA

Friday, February 15, 2008

WASHINGTON, D.C. – House Majority Whip James E. Clyburn today released the following statement in response to President Bush’s comments regarding renewal of the Foreign Intelligence Surveillance Act (FISA).

“The President’s claim that continued Congressional deliberations on FISA will impair the ability of our intelligence community to track down terrorists and other individuals intent on doing us harm is faulty, misleading, and entirely incorrect.

“The expiration of the Protect America Act (PAA) will not impair the surveillance capabilities or counter-terrorist techniques currently being employed by members of our intelligence community.  Our intelligence community still has the authority and resources it needs to monitor current terrorist targets and rogue organizations who may pose future threats to our citizens and homeland.   

“House Democrats have shown leadership on this issue.  Last year, Congressional Democrats passed the PAA which the President supported and signed into law.  In November, we approved the RESTORE Act which modernizes the FISA statute, upholds our constitutional principles and gives the intelligence community the authority to intercept critical foreign communications.  Recently when Congressional Democrats sought another extension of current law so we could work with the Senate to draft a more permanent and bipartisan resolution, the President and House Republicans stood in the way.

“I encourage the President and House Republicans to end their scare tactics and work with House Democrats in supporting a revised FISA bill that will help secure our homeland, uphold the Constitution and move our country in a New Direction.”     

Facts on the FISA debate: 

• Until there is new legislation signed by the President, it is important to note that the intelligence community will still have all the tools it needs to continue current surveillance and begin new surveillance on any terrorist threat. The intelligence community has expansive authorizations for wide ranging surveillance that will still be in effect for at least another six months.  If any new surveillance needs to begin, the FISA court can approve a request within minutes.  In the case of an emergency, surveillance can begin immediately and FISA approval can be obtained later.
  
  
• The President is misrepresenting the facts on FISA.  In a recent op-ed, Richard Clarke, a former Chief National Security Council Counterterrorism Advisor who served in the Reagan, George H.W. Bush, Clinton, and George W. Bush Administrations said:“On one issue in particular - FISA (Foreign Intelligence Surveillance Act) - the president has misconstrued the truth and manipulated the facts... Simply put, it was wrong for the president to suggest that warrants issued in compliance with FISA would suddenly evaporate with congressional inaction.”  
  
  
• The President has refused to approve an extension of the existing FISA law, despite his own support for the law.
  
  
• The House already passed a carefully crafted FISA bill in November, 2007 and our efforts to bridge the gap between the Senate, White House and the House and pass strong legislation to modernize FISA are ongoing.  House Majority Leader Steny Hoyer met with the Chairmen of the House and Senate Intelligence and Judiciary Committees this morning in a preliminary meeting to prepare for bipartisan discussions.