Part 4 of 32 Senate Judiciary Committee with Alberto Gonzales. Attorney General Alberto Gonzales takes the oath and makes a statement. 7/24/07KEEP IN MIND: Gonzales was given each and every question he would be asked beforehand. Nothing was a surprise - there was absolutely NO \"GOTCHA!\"\n\nTranscript of this portion of the hearing:\n\nLEAHY: Thank you very much. \n\nAnd I might mention Senator Specter has requested a hearing on OxyContin. AndI think he\'s absolutely right on that. \n\nWe will have one, at your request.\n\nMr. Attorney General, please stand and raise your right hand. Do you solemnly swear that the testimony you will give at this time will be the truth, the whole truth, and nothing but the truth, so help you God?\n\nGONZALES: Ido.\n\nLEAHY: Go ahead, Mr. Attorney General.\n\nGONZALES: Thank you, Mr. Chairman.\n\nLEAHY: I should note before you start that there will be a series of votes around 10:20 and I\'ll consult with Senator Specter how best to continue during that time. At most, we will try to limit the break. \n\nGo ahead.GONZALES: I understand, Mr. Chairman.\n\nI do have the great pleasure to work with over 100,000 dedicated public servants at the Department of Justice. I admire the dedication to pursue justicefor all Americans.GONZALES: The department\'s many accomplishments are, in reality, their accomplishments. As attorney general, I have worked with these fine men and women to keep our country safe from terrorists, our neighborhoods safe from violent crime and our children safe from predators. As my written statementexplains in more detail, when it comes to keeping our neighborhoods safe and protecting our children, the department has made great progress.\n\nIn my brief remarks this morning, I want to focus on the department\'s number one priority, keeping our country safe from terrorists and the urgent need, quite frankly, for more help from Congress in this fight. \n\nAs the recent National Intelligence Estimate has -- as well as the attempted car bombings in London and Scotland demonstrate, the threat posed to America and its allies by Al Qaida and other terrorist groups remains very strong. \n\nTo respond effectively to this threat, it is imperative that Congress modernize the Foreign Intelligence Surveillance Act of 1978, known as FISA. Doing so is critically important to intelligence gathering, and it really just makes plain sense. \n\nWhen Congress drafted FISA in 1978, it defined the statute\'s key provisions in terms of telecommunications technologies that existed at that time. As we all know, there have been sweeping changes in the way that we communicate since FISA became law and these changes have had unintended consequences on FISA\'s operation. \n\nFor example, without any change in FISA, technological advancements have actually made it more difficult to conduct surveillance on suspected terrorists and other subjects of foreign intelligence surveillance overseas. \n\nIn April, at the request of the Senate Select Committee on Intelligence, the director of national intelligence transmitteda comprehensive FISA modernization proposal to Congress. The proposal builds upon thoughtful (ph) bills introduced during the last Congress, and the bill would accomplish several key objectives. Most importantly, the administration\'s proposal restores FISA\'s original focus on protecting the privacyof U.S. persons in the United States. \n\nFISA generally should apply when conducting surveillance on those in the United States, but it should not apply when our intelligence community targets persons overseas. Indeed, it was advancements in technology and not any policy decision of Congress that resulted in wide-scale application of FISA and its requirement to go to court to overseas targets. \n\nThis unintended consequence has clogged the FISA process and, quite frankly, hurts national security and civil liberties. \n\nGONZALES: As amended, FISA\'s scope would focus on the subject of the surveillance and the subject\'s location, rather than on the means by which the subject transmits a communication or the location where the government intercepts the communication.\n\nFISA would become technology-neutral. Its scope would no longer be affected by changes in communications technologies.\n\nThe bill would also fill a gap in current law by permitting the government to direct communications companies to assist in the conduct of lawful communications intelligence activities that do not constitute, quote, \"electronic surveillance\" under FISA. \n\nThis is a critical provision that is a necessary companion to any change in FISA\'s scope. \n\nImportantly, the administration\'s proposal would provide a robust process of judicial review for companies that wish to challenge these directives.\n\nThe administration\'s proposal would also provide protections from liability to companies that are alleged to have assisted the government in the wake of the September 11th terrorist attacks.\n\nThe bill also streamlines the FISA application process to make FISA more efficient, while at the same time ensuring that the FISA Court has the information it needs to make the probable cause findings required.\n\nFinally, the administration\'s proposal would amend the statutory definition of an agent of a foreign power to ensure that it includes groups who are engaged in international proliferation of weapons of mass destruction or who possess or who are expected to transmit or receive foreign intelligence information while in the United States.FISA modernization is critically important and we urge the Senate to reform this critical statute as soon as possible.\n\nI am hopeful that this is an area that we can work together with the Congress and this committee. I think we can find common ground on the central principles underpinning the administration\'s proposal and in particular on the fact that we should not extent FISA\'s protections to terrorist suspects located overseas. \n\nWe already have had several helpful sessions with the Intelligence Committees in the Senate and House on this issue. We look forward to continuing to work withthe Senate and this committee on this important endeavor.\n\nThank you, Mr. Chairman.\n\nLEAHY: Thank you, Mr. Attorney General. And your full statement, of course, will be made part of the record. 4, 7/24/07, alberto, committee, cspan, cssjcagpt472407, gonzales, judiciary, part, senate, transcript