In 1978 the Foreign Intelligence Surveillance Act was established to govern how the United States gathers intelligence on potential threats to our national security. Thirty years later the means by which the world communicates, and thus intercepts critical intelligence information, has changed radically.

When FISA was enacted, the Internet was in its infancy, e-mail was used solely by technologists on restricted networks, wireless communications meant two-way radios, and cell phones and portable satellite dishes were science fiction. Today, both our allies and our enemies use these and other sophisticated emerging technologies to communicate.

A new FISA law must reflect the drastic changes in our communications technology. The FISA debate has been bogged down by the question of immunity for the telecommunications carriers who may have assisted the federal government in post-September 11, 2001, intelligence gathering operations. Many claim that the carriers violated the law and should pay significant legal damages. On the other hand, many others — including myself and 68 U.S. Senators — believe that the carriers were merely acting in the national interest if they did participate in these intelligence programs.

There are proposals to replace FISA in both the House and Senate. The House bill is clearly a step in the wrong direction. The legislation allows courts to lift the state secrets privilege, which means that any potential plaintiff — including terrorist front groups and other foreign interests — could gain access to highly sensitive classified information by bringing suit in district court alleging illegal surveillance.

This is no way to handle our nation’s intelligence on foreign enemies. Furthermore, the House bill would also extend pending litigation against the carriers and allow lawsuits against any new FISA-related activity to commence in the future. These circumstances do not allow for private sector participation in law enforcement that is critical throughout all crime-fighting ranks.

Earlier this year, the Washington Post editorial board wrote, “H.R. 3773 ties the hands of law enforcement officials and demands prior court approval when time is of the essence and delay could mean the loss of lives and destruction of property.” We cannot allow time to be wasted in tracking down bad actors because law enforcement authorities had to stand in line and wait for a court warrant. When responding to disasters, our intelligence officials need to have the resources necessary to be nimble in tracking down those responsible.

A much better option is a bi-partisan bill in the Senate that would replace FISA and protect Americans. The Rockefeller-Bond Bill sponsored by Senator Rockefeller, a Democrat of West Virginia, and Senator Bond, a Republican of Missouri, updates the 1978 law and assures that all resources are brought to bear against terrorists. The bill would immunize telecommunications carriers from pending lawsuits, provide intelligence professionals the flexibility needed to track down terrorists, and allow wiretapping of suspected bad actors with appropriate court oversight to follow. The difference between the two bills is that the Rockefeller-Bond bill provides safeguards to American citizens, as opposed to simply handcuffing American law enforcement and our intelligence professionals on the front lines.

Congress must find a way to permit private citizens and firms to assist law enforcement in preventing attacks on our country. The lives of America’s first responders and the public must not be put in jeopardy as a result of this legislative stalemate.

On behalf of New York City’s Firefighters, I urge Congress to find a way to move beyond the unfortunate political impasse and pass a strong FISA bill. Congress cannot allow this valuable tool to fight the real threat of terrorism to be rendered null and void by its inaction.

Mr. Cassidy is the President of the Uniformed Firefighters Association of Greater New York, Local 94 of the International Association of Fire Firefighters, representing 9,000 New York City Firefighters.