Contact: Barbara Riley
Monday, September 25, 2006

WASHINGTON, D.C. – Senators Larry Craig (R-ID), John Sununu (R-NH) and Lisa Murkowski (R-AK) today announced that they have reached an agreement with the Administration on changes to S. 2453, the National Security Surveillance Act, as reported out of the Senate Judiciary Committee. The agreement provides greater clarification over the breadth of electronic surveillance programs authorized by the legislation and preserves the role of Congress in regulating surveillance activity within the United States. The Senators last week communicated their concerns regarding the existing legislation to the White House and the Chairman of the Senate Judiciary Committee, Senator Arlen Specter (R-PA). With the incorporation of the desired changes to the legislation, as outlined below, the Senators will now support the legislation.

“We are united in our support to provide law enforcement and the intelligence community the tools necessary to combat terrorism and to protect our nation. We must do so, however, in a way that protects the rights afforded to citizens in the Constitution,” said the Senators in announcing this agreement. “We believe that the changes we have secured will not only uphold these vital individual rights, but will also ensure that Congress retains its authority to regulate and provide oversight throughout the surveillance process.”

The changes sought by the Senators and agreed to by the Administration include:

· The deletion of language that raises questions about the roles Congress and the Executive Branch play in regulating surveillance activity within the United States.

· Language clarifying that while the Foreign Intelligence Surveillance Court has the authority to review and approve electronic surveillance programs in their entirety, additional approval by the FISC must be sought for surveillance of specific individuals identified by an approved electronic surveillance program. Once an electronic surveillance program has identified an individual of interest, further FISC approval is needed to ensure that an individual’s Fourth Amendment rights are not violated.

· Language ensuring that warrantless electronic surveillance of an agent of a foreign power does not include U.S. persons. In order to conduct electronic surveillance of a U.S. person, a court ordered warrant is necessary.