March 7, 2006
The State of National Security
By Jon KylRecent 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.