Letter from Sen. Jim Webb RE: FISA

July 14, 2008

Dear :

Thank you for contacting my office regarding legislation designed to update the Foreign Intelligence Surveillance Act (FISA) (H.R.6304). I appreciate your taking the time to share your thoughts and concerns with me.

As you know, this legislation would amend current law by expanding the intelligence community's authority to collect foreign intelligence through electronic means. Having served as U.S. Secretary of the Navy and as Assistant Secretary of Defense, I relied on decades of experience in dealing with national security matters and classified intelligence when I voted - along with a bipartisan coalition of 68 other senators - in favor of final passage of this bill on July 9, 2008. Before this vote, I also met with a wide variety of people who were both supportive of, and opposed to, the legislation.

During the Senate's FISA debates in February and in July, I supported a number of amendments that were designed to improve the constitutional protections of our citizens. For example, in February, Senators Russell Feingold, Jon Tester, and I introduced an amendment that would have added additional checks and balances with respect to assessing the appropriate use of surveillance. Unfortunately, this amendment did not pass the full Senate.

Regarding retroactive immunity for telecommunication companies that participated in the National Security Agency's (NSA) warrantless wiretapping program, I do not support full immunity for companies who aided Government surveillance. I prefer a middle-ground solution that would allow court cases to proceed under appropriate circumstances. For example, during the July FISA debate, I supported an amendment offered by Senator Arlen Specter, which would have permitted cases to move forward if the court found that the Administration's surveillance program was unconstitutional. Similarly, I supported an amendment offered by Senator Jeff Bingaman, which would have required an independent investigation of the Administration's surveillance program before telecommunication companies could be granted immunity. Although these amendments failed, the legislation requires some court oversight in pending civil cases and does not foreclose future criminal cases.

Thank you once again for sharing your specific views on the important issue of electronic surveillance. As the Senate continues to debate policies related to surveillance and fulfills its oversight duties, please be assured that my staff and I will keep your thoughts in mind.

I would also invite you to visit my website at www.webb.senate.gov for regular updates about my activities and positions on matters that are important to Virginia and our nation.

Sincerely,

Jim Webb
United States Senator