March 7, 2006
The State of National Security
By Jon Kyl
Recent events show
that we are in a constantly evolving war on terror and need to
stay at least one step ahead of our enemies. We must provide our
anti-terrorism and intelligence forces with the tools necessary
to stop all those who would bring harm to our citizens; we must
also consider our national security interests in every economic
decision we make.
I am pleased that
the Senate last week reauthorized the USA Patriot Act, although
I do not believe some of my colleagues’ objections to it
justified delaying final passage of this vitally important bill.
We should never place our anti-terror investigators in the position
of wondering whether the tools they need to do their job today
will still be available to them tomorrow.
The Patriot Act lets
our investigators and intelligence agents know they will be able
to share information with criminal investigators about terrorism
cases; they will be able to use the same multi-point wiretaps
against terrorist cells that they use against the mafia; and they
will be able to seek warrants to monitor apparent lone-wolf terrorists,
such as 20th hijacker Zacarias Moussaoui. These were all in doubt
until the three-month Senate filibuster ended and Congress renewed
the Patriot Act.
Following 9/11, the
Bush administration was criticized for failing to effectively
monitor terrorist communications, but is now being criticized
for doing too much to intercept communications with al Qaeda.
The much-discussed National Security Administration (NSA) program
is indispensable to combat terrorists, and I believe that we need
to defend it and confirm its legality. I do, however, support
greater oversight by Congress of the NSA’s surveillance,
including monitoring whether any U.S. citizens were inadvertently
the subject of surveillance and making sure such surveillance
is avoided.
This would not require
revealing the operational details of the program, which would
jeopardize its effectiveness. It would also be appropriate for
Congress to act to specifically exempt the program from the Foreign
Intelligence Surveillance Act (FISA) that governs more traditional
electronic intercepts as long as useful congressional oversight
is allowed by members of the House and Senate intelligence committees.
Some of the more prominent
critics of this vital surveillance activity are the same people
now loudest in their criticism of the Dubai Ports deal in the
name of national security. Some would say this is ironic; others
might say hypocritical.
Nevertheless, I share
the concerns that many of my constituents have voiced about the
transfer of some of our U.S. seaports’ terminal operations
to a company that is controlled by the United Arab Emirates. I
believe the deal raises serious questions about our national security,
but I am hopeful the 45-day delay will allow Congress to thoroughly
look into the security arrangements related to the deal. I believe
it’s important that we gather all possible information before
making a final judgment.
In the war against
the terrorists, our best weapon is good intelligence. The Patriot
Act, the NSA surveillance activity, FISA, and other authorities
and assets are our best tools to fight terrorism. We must continue
supplying our anti-terrorism forces with the support they need
to accomplish their missions; and we must make astute decisions
on matters that potentially affect our national security, based
on a thorough review of the facts, not cursory bureaucratic reviews
or reflexive emotional reactions. These are serious times that
require serious sober, non-partisan judgments.
Sen.
Kyl serves on the Senate Finance and Judiciary committees and
chairs the Senate Republican Policy Committee. Visit his website
at www.kyl.senate.gov.
