Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3773. Mr. Speaker, I yield myself as much time as I may consume. Members…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3773.
Mr. Speaker, I yield myself as much time as I may consume.
Members of the House, the RESTORE Act dealing with FISA addresses the needs of the intelligence community for flexibility in dealing with modern communications networks.
It received the most careful scrutiny and consideration by this Committee on the Judiciary, as well as by the Intelligence Committee, chaired by Chairman Reyes, to ensure that it meets every concern our intelligence agencies have raised, every single one of them, and does so consistent with the rules of law, our Constitution, and our values.
Let's begin this discussion this evening by clearing up a few things that the bill will not do. The RESTORE Act will never require our intelligence agencies to stop listening to the bad guys. Never. Special emergency provisions allow us to listen first and get the warrant after the fact, if it's needed. No one will ever have to stop listening to a terrorist plotting an attack. I hope I don't hear that raised on the floor this evening.
The RESTORE Act will not make our intelligence agencies have to get thousands of warrants for terrorists outside the country. It will not do that. Instead, a basket authorization will permit surveillance of an entire foreign terrorist organization. This is the most effective way to target Osama bin Laden, al Qaeda, and other threats to our country and our citizens.
The RESTORE Act does not give the government free rein to listen to Americans. As has always been the case under FISA, this bill requires that the government get a warrant to target an American; any American. We have also a manager's amendment, which continues to promote the goals of intelligence flexibility with appropriate oversight, while safeguarding our security and our liberty. It makes clear that the protections of the act will not inhibit gathering intelligence against present dangers, such as Osama bin Laden, or threats to our troops in the field.
It does provide guidelines to make it easier to determine when the significant purpose of the surveillance act is to acquire information on a United States person and a FISA warrant is needed. It provides important safeguards on dissemination of information about individual Americans when it's acquired under the RESTORE Act's more flexible structure. Specifically, an SES-level manager will review such dissemination on a particularized basis.
Importantly, the RESTORE Act has no retroactive immunity for telecommunications carriers who may have assisted the government in conducting unlawful surveillance on Americans. I am sorry to report to you that the other body has a measure that does give that retroactive immunity. The RESTORE Act now on the floor has no retroactive immunity for telecommunications carriers who may have assisted the government in unlawful surveillance on Americans.
Until we receive the information, the data, the letters that we have requested to know what they have done, information we have been waiting for more than 10 months for, we can't even begin to responsibly consider such a request. So as of now, it's out. No retroactive immunity.
The legislation that we have before us now is a much-needed start to restoring our system of checks and balances, preserving our liberty, and ensuring that our government has the tools they legitimately need to combat terrorism. We got pressed up against the wall in August. It's not going to happen again. There's a 6-month run on the present measure before us. Before we get pushed up against the holidays, we are saying, Let's do it now.
We have had a tremendous working relationship with the chairman of the Intelligence Committee, Silvestre Reyes, and his staff and my staff. Majority and minority have been working
closely together to bring to you a commonsense and balanced piece of legislation that does what we set out to do, and that is to preserve our liberties and make sure we have effective security. We want our intelligence agencies strong, but we want to bring the FISA Court back into the picture, and we do in the measure before us.
Six years ago, the administration unilaterally chose to engage in warrantless surveillance of American citizens without court review. That decision has--to be charitable--created a legal and political quagmire. Officials resigned, the program was riddled with errors, it was shut down for several weeks, officials rushed to the hospital to ask a sick man to reauthorize it over his deputy's objections, and vital prosecutorial resources were diverted. Most importantly, our own citizens questioned wheher their own government was operating within the confines of the law.
Two months ago, when that scheme appeared to be breaking down, the administration forced Congress to accept an equally flawed statute. This new law gutted the power of the FISA court. It granted the administration broad new powers to engage in warrantless searches within the U.S., including physical searches of our homes, computers, offices and medical records. The law contained no meaningful oversight whatsoever.
The legislation before us today seeks to once again strike the appropriate balance between needed government authority and our precious rights and liberties. It tells the government they need no warrant when foreign agents communicate with other foreigners. It reiterates that warrants are needed when Americans are being targeted. The bill also allows the interception of communications of foreign targets who may communicate with U.S. persons. However, it insists that procedures be in place--approved by the FISA court--to insure that no American is being targeted, and that his or her privacy is protected.
The bill also provides for several critical safeguards. We include periodic audits by the Inspector General, we narrow the scope of the authority to protect against threats to our national security, and we protect the privacy of Americans traveling abroad. We also sunset the legislation in December 2009.
The RESTORE Act, which has received careful consideration by the Judiciary Committee and by the Intelligence Committee, addresses the needs of the intelligence community for flexibility and the ability to deal with modern communications networks.
It meets every concern that our intelligence agencies have raised and does so consistent with the rule of law, our Constitution, and our values.
Let me be clear on a few things this bill will NOT do:
The RESTORE Act will never require our intelligence agencies to stop listening to the bad guys. Never. There are emergency provisions and the ability to get a warrant after the fact. No one will ever have to stop listening to a terrorist plotting an attack.
It will not make our intelligence agencies get thousands of warrants for terrorists outside of the country. Instead, they can get a basket authorization to surveil the entire foreign terrorist organization. This is the most effective way to target Osama bin Laden, al Qaeda, and other threats.
The RESTORE Act does not give the government free rein to listen in to Americans. As has always been the case under FISA, this bill requires the government to get a warrant if it wants to target an American.
The Managers' Amendment also reflects the RESTORE Act's goals of intelligence flexibility and oversight, while ensuring both safety and civil liberties. It makes it clear that the protections of the Act will not inhibit gathering intelligence against present dangers, such as Osama bin Laden or threats to our troops in the field. It provides guidelines to flesh out what should be considered when determining whether a significant purpose of collection is to acquire information about a U.S. person, such that a FISA warrant would be required.
The Manager's Amendment also provides important safeguards on dissemination of information about individual Americans when it is acquired under the RESTORE Act's more flexible structure. Dissemination of U.S. person communications acquired under the RESTORE Act's basket authorities can only happen when an SES-Ievel supervisor determines that the identity of that person is needed to understand or assess the importance of the foreign intelligence, and to protect the national security of the United States. This is not a blanket authorization to unmask everyone intercepted, but must be done on a person-by-person basis.
Importantly, the bill has no retroactive immunity for telecommunications carriers. Until we receive the underlying documents relating to their conduct from the administration--and we have been waiting for more than ten months--we cannot even begin to consider this request. Sending a small set of the documents to a subcommittee of the other body does not begin to meet this test.
There is one of the grave concerns about the Protect America Act that bears mention as we consider the RESTORE Act. The Protect America Act was overbroad in the types of entities from which the government could compel information, reaching into business or medical records or libraries. We have narrowed the scope of the acquisitions in the RESTORE Act to ensure that the government can only seek information under the ``basket authorizations'' from telecommunications service providers and related companies.
I share the concern of our library community that believes their mission and the chance to bring knowledge and freedom of expression abroad will be diminished if the U.S. government can indiscriminately monitor American libraries when they serve foreign users. This is not a hypothetical concern in an age of distance learning. While a library certainly is not the same kind of ``communications service provider'' as AOL or AT&T, it may allow patrons to access the internet, to send emails, and to conduct research on-line, so it literally ``provides'' these communications services to patrons. The Judiciary Committee report indicates that these now-standard library services do not make them ``telecommunications service providers'' for a 105B or 105C acquisition, but let me be clear--nothing in the bill is intended to leave libraries outside of the protections of the Foreign Intelligence Surveillance Act.
The legislation before us today is a much needed start to restoring our system of checks and balances, to preserving our precious liberties, and to insuring that our government has all the tools they legitimately need to combat terrorism. I urge my colleagues on both sides of the aisle to support this common sense and balanced legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased now to recognize a very effective member of our committee, Mr. Schiff of California, as well as the gentleman Mr. Flake of Arizona, and I would yield them 2 minutes.
Mr. Speaker, I am stunned by my friend from California's comments, but I yield now 2 minutes to the gentleman from New York (Mr. Nadler), the chairman of the Constitution Subcommittee in Judiciary.
Mr. Speaker, it is my pleasure now to recognize the gentlewoman from Florida (Ms. Wasserman Schultz), a member of the Judiciary Committee, for 1\1/4\ minutes.
Mr. Speaker, I reserve the balance of my time.
Would the former Attorney General of California yield?
That is why I seek to have you yield to me, sir.
Osama bin Laden is never going to have any rights superior to any citizen.
Mr. Chairman, it is very important that we understand that Mr. Lungren in his dramatic presentation about the cumbersomeness and the protections that we are affording bin Laden almost begs the question here.
We have been on this bill for several times. We have got a carve-out here. Nothing prevents conducting lawful surveillance that is necessary to, one, prevent Osama bin Laden and al Qaeda or any other terrorists, Mr. Lungren, or any ally of those persons from receiving any of these protections. We can operate against them without giving them any rights, and I think you must know that by now.
I can't give you time. I have got less than anybody here. No. I reserve the balance of my time.
Announcement By the Speaker Pro Tempore
Mr. Speaker, I yield for the purpose of making a unanimous consent request to the gentleman from Virginia (Mr. Scott).
(Mr. SCOTT of Virginia asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I am now pleased to yield 1 minute to the Speaker of the House, the gentlewoman from California, Nancy Pelosi.
Mr. Speaker, I am privileged to yield the balance of our
time on our side to the distinguished gentlewoman from Texas, Sheila Jackson-Lee, an invaluable member of the Judiciary Committee.
Mr. Speaker, I reserve a point of order, and I object to waiving the reading of the motion to recommit.
Mr. Speaker, I do not insist upon my point of order.
Mr. Speaker, I rise to respond to the motion to recommit.
Mr. Speaker, I am.
Mr. Speaker, ladies and gentlemen of the House, here we are again at another one of these so-called motions to recommit. Approach them with great care. I strongly oppose this motion.
The minority has just made it clear that they are not seeking to change the bill; they are seeking to kill the bill. The tactic is getting pretty old in the House of Representatives. If they wanted to vote on their proposal today, they would have used the word, doesn't everybody know it now, ``forthwith,'' as I have suggested. But they have refused under well-established House rules and precedents.
Other words do not have that effect, even if they sound like they should. The minority used the word ``promptly.'' It's no accident that they chose that word. The authors of this motion know full well the effect of choosing this word, and so do we. That is why they chose it. They wanted to send the bill back to the graveyard, which is what will happen if this motion is adopted.
I would now yield to the gentlewoman from California (Ms. Zoe Lofgren).
Mr. Speaker, I am proud to yield to the distinguished chairman of the Intelligence Committee, the gentleman from Texas (Mr. Reyes).
I thank the chairman.
I am really moved by the sudden concern for immigration rights that the other side has begun to display, to my surprise.
I yield now to the gentlewoman from California (Ms. Harman).
Mr. Speaker, I demand a recorded vote.