U.S. Representative Peter Hoekstra (R-Mi) Holds a Hearing On Foreign Intelligence Surveillance Modernization

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U.S. Representative Peter Hoekstra (R-Mi) Holds a Hearing On Foreign Intelligence Surveillance Modernization

HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE HOLDS A HEARING ON FOREIGN INTELLIGENCE SURVEILLANCE MODERNIZATION

JULY 19, 2006

SPEAKERS: U.S. REPRESENTATIVE PETER HOEKSTRA (R-MI) CHAIRMAN U.S. REPRESENTATIVE RAY LAHOOD (R-IL) U.S. REPRESENTATIVE RANDY "DUKE" CUNNINGHAM (R-CA) U.S. REPRESENTATIVE TERRY EVERETT (R-AL) U.S. REPRESENTATIVE ELTON GALLEGLY (R-CA) U.S. REPRESENTATIVE JO ANN DAVIS (R-) U.S. REPRESENTATIVE WILLIAM "MAC" THORNBERRY (R-TX) U.S. REPRESENTATIVE JOHN MCHUGH (R-NY) U.S. REPRESENTATIVE TODD TIAHRT (R-KS) U.S. REPRESENTATIVE MICHAEL J. ROGERS (R-MI) U.S. REPRESENTATIVE RICK RENZI (R-AZ) U.S. REPRESENTATIVE HEATHER WILSON (R-NM)

U.S. REPRESENTATIVE JANE HARMAN (D-CA) RANKING MEMBER U.S. REPRESENTATIVE ALCEE HASTINGS (D-FL) U.S. REPRESENTATIVE SILVESTRE REYES (D-TX) U.S. REPRESENTATIVE LEONARD L. BOSWELL (D-IA) U.S. REPRESENTATIVE ROBERT "BUD" CRAMER (D-AL) U.S. REPRESENTATIVE ANNA ESHOO (D-CA) U.S. REPRESENTATIVE RUSH HOLT (D-NJ) U.S. REPRESENTATIVE C.A. "DUTCH" RUPPERSBERGER (D-MD) U.S. REPRESENTATIVE JOHN TIERNEY (D-MA)

WITNESSES: RICHARD POSNER, SENIOR LECTURER IN LAW, UNIVERSITY OF CHICAGO LAW SCHOOL

KIM TAIPALE, EXECUTIVE DIRECTOR, CENTER FOR ADVANCED STUDIES IN SCIENCE AND TECHNOLOGY POLICY

MICHAEL GRECO, PRESIDENT OF THE AMERICAN BAR ASSOCIATION

JIM DEMPSEY, POLICY DIRECTOR, CENTER FOR DEMOCRACY AND TECHNOLOGY

[*] HOEKSTRA: Good morning. Good morning and welcome.

Today the committee will consider issues relating to potential legislation to modernize the Foreign Intelligence Surveillance Act, otherwise known as FISA.

FISA provides critical authorities and procedures for the intelligence community in conducting certain electronic surveillance operations.

FISA was enacted in 1978. The perspective of many is that we cannot fight a 21st century intelligence war against a sophisticated terrorist adversary with laws that were designed to fight the Cold War using 1970s technology. As the 1978 model telephone's picture before you vividly demonstrates that FISA, like the technologies and operations for which it was written, is obsolete and needs modernizing.

In recent months, a broad variety of proposals have been offered by members of Congress, scholars and commentators to improve, update and strengthen FISA. Some of these proposals would seek to bolster the existing statutory structure, while others would significantly modify and expand the flexibility of that structure.

Some are driven by the view that the terrorist surveillance program, described by the president, is fundamentally inconsistent with FISA, while others believe that the TSP program has demonstrated FISA's fundamental age and weaknesses.

And a few commentators have expressed the opinion that FISA should give way to the president's constitutional authority and no action is necessary at all.

Bringing these often conflicting positions together through the legislative process will not be easy. The Intelligence Committee will have a special responsibility as the process goes forward.

Our members have been briefed on the particulars of the relevant programs. We understand how the intelligence community should be working to protect America and we have the duty of ensuring that thorough oversight of these programs is in place.

As Congress considers these issues, my intention is for the committee to focus first and foremost on the substantive question of how to best empower and appropriately empower the intelligence community to fight the war on terror and protect American citizens with appropriate protections for civil liberties. For there are, unfortunately, many agendas competing in this debate. Our agenda will be simple and transparent: What is in the best interest of the United States?

I would particularly like to recognize the work in that regard that has been done by the chair of our subcommittee on technical and tactical intelligence, Ms. Wilson, who has prepared legislation at my request to address many of these issues. Her bill recognizes the importance of modernizing FISA and empowering the intelligence community. It will provide an important base for our deliberations as the committee moves ahead with the process.

There are other pending legislative packages that the committee will also review, including a proposal by our ranking member, Ms. Harman.

Today's hearing is the first legislative hearing in the committee on FISA modernization. I've asked the witnesses to provide their perspectives on potential initiatives to modernize and reform FISA generally, as well as any testimony they may wish to offer on any specific bills that have been introduced with respect to FISA and Congress.

We have an excellent and distinguished panel with us. Judge Richard Posner is a member of the U.S. Court of Appeals for the 7th Circu...

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