FISA Amendments Act of 2007

Floor Speech

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Mr. SCHUMER. On amendment 2937, I wish to thank Senator Whitehouse for his leadership on this issue; Senator Feingold and our two great chairs, Senator Rockefeller and Senator Leahy. I will briefly describe this amendment.

When we debate these issues, our friends on the intelligence side say you cannot stop us with cumbersome procedures that will not allow us to listen in on a phone conversation a terrorist might be engaging in, you have to act quickly. That is a legitimate wish. You certainly do not want to let a phone conversation slip away while you are going through days and days and days in court.

But this amendment has nothing to do with that. We do not interfere with any phone conversation that might legitimately be listened in to, that might be tapped ahead of time.

What we are saying is this: There ought to be oversight to make sure our intelligence agencies obey the rules; that when there is a conversation or a person, an American citizen on the line who should not be listened in to because the conversation is not about the intended subject, that they quickly stop listening.

Now, under present law, there is no oversight, none. So if someone would want to take liberties, in one of the intelligence agencies or other agencies, and listen in to Americans having conversations, citizens, who have no right to be listened in to because they did not involve legitimate security concerns, they could continue to do it and no one would ever know.

That is wrong. The minimization requirements we have placed in this amendment, which was originally in the Judiciary Committee amendments, but, unfortunately, or in large part in the Judiciary Committee amendments--unfortunately that amendment which I supported was defeated--will ensure there is oversight and that we get all the intelligence information we need, without abuse or overstepping of bounds.

That is the perfect balance. It is hard to see how anyone could object to oversight after the fact to make sure people are not abusing the privilege of listening in to phone conversations or other conversations, electronic conversations, American citizens are having.

That is why this amendment I hope will be supported unanimously in this Chamber. Whether you are a conservative or a liberal, Democrat or Republican, someone who leans to the side of making sure we get every bit of information or someone who leans on the side of making sure American liberties are protected, both worthy goals, you can support this amendment.

I wish to once again thank my colleagues for their hard work on an important issue.

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