Permanently Closing the Terrorist Loophole

Statement

Permanently Closing the Terrorist Loophole

A sad reality all Americans have been forced to recognize is our enemies have no restraint when it comes to attacking our safety and our way of life. Simply put, if we are going to effectively counter terrorists' attempts to disrupt our daily lives, we must have accurate intelligence about those plotting these attacks.

The bipartisan Protect America Act, passed by Congress in August, is a critical anti-terror law which closes loopholes in our intelligence laws while updating our ability to thwart possible attacks. Now law enforcement has the tools and flexibility needed to quickly respond to terrorist threats.

Unfortunately the Act, which brought the Foreign Intelligence Surveillance Act (FISA) into line with current technology, will expire on February 1st, just a few days away.

If this law is allowed to lapse, the safety of the American people will be compromised. It should be Congress' utmost priority to come together in a bipartisan fashion and send the President a permanent extension of the Protect America Act.

As Adm. Mike McConnell, Director of National Intelligence, stated: "We must be able to continue effectively obtaining the information gained through this law if we are to stay ahead of terrorists who are determined to attack the United States."

FISA, first adopted in 1978 and updated several times since, was created in reaction to the misuse of intelligence services regarding domestic surveillance.

The law originally established a special court to oversee counterintelligence and counterterrorism surveillance conducted outside criminal statutes.

The Protect America Act allows intelligence officers to more effectively collect information and quickly respond to terrorist threats. By stipulating a court order would not be required for targets involving known terrorist suspects reasonably believed to be located outside the U.S., the Act promotes efficiency, allowing good to be ahead of evil.

To be effective, our counterterrorism efforts must be on the cutting edge of technology and not tie our intelligence agencies' hands because of outdated rules. For instance, a terrorist's cell phone being monitored could be thrown away and replaced with a new one before an agent could petition the court for approval, losing valuable time and leaving huge holes in our intelligence gathering.

The Act also extends liability protection to private sector partners, such as those in the telecommunications industry, who have assisted intelligence officials in their efforts to detect terrorists.

Congress passed a six-month measure which has temporarily given our national intelligence agencies the power to quickly detect terrorist activity and other threats to national security and to take the necessary action. That time is nearly up.

The terrorist threat does not expire on February 1st, and neither should legislation critical to keeping our nation safe. Last August, Congress passed the Protect America Act, providing our intelligence community the tools they need to do their job. It is now our responsibility to take steps to make those protections permanent.

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