Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, there is a time and place for politics and partisanship. But there are in fact important issues that transcend politics. The security of our Nation outweighs politics,…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, there is a time and place for politics and partisanship. But there are in fact important issues that transcend politics. The security of our Nation outweighs politics, especially when our country is at war.
One of the finest moments of bipartisanship in Washington came after one of the darkest days in our history. On the evening of September 11, 2001, Members of Congress stood shoulder to shoulder on the steps of the Capitol as a symbol of strength and unity in response to the terrorist attacks. In that moment, we stood together, not as Republicans or Democrats, but as Americans resolved to protect our Nation. However, as we stand here today, that same spirit of bipartisanship we shared on 9/11 no longer exists.
We began in August to address a very specific and very urgent issue facing our intelligence community. We learned from the Director of National Intelligence, Admiral McConnell, that the Foreign Intelligence Surveillance Act, or FISA, was outdated for today's technology. But the bill we are considering today does not modernize FISA; it weakens it. Why, after 30 years of lawful foreign intelligence collection, does the Democratic majority suddenly object to a law that their party originally enacted in 1978? Why make it harder to gather intelligence on terrorists after 9/11 than before?
Now, after only a few hours' notice, we are considering the RESTORE Act, which actually restores little. Rather, it undermines our national security and increases the risk of a future terrorist attack on our country. It prevents our intelligence community from gathering critical intelligence information. It ignores the need for legal protection for communications companies that assist law enforcement and intelligence officials. We are at war with terrorists who spend every day plotting attacks against us. Our intelligence community needs to detect and disrupt these plots. To deny this ability could have catastrophic consequences.
Admiral McConnell testified in great detail before the Judiciary Committee about the specific needs of the intelligence community and the need to reform FISA. Admiral McConnell's recommendations are ignored, unfortunately, in the RESTORE Act. Instead, it requires the intelligence community to obtain FISA court orders for all communications of persons reasonably believed to be outside the United States. FISA has never applied to persons outside of the United States.
Under the RESTORE Act, FISA court orders will be required for the first time ever for thousands of overseas terrorist targets. Also, section 18 of the
manager's amendment is bluntly titled: ``No Rights Under the RESTORE Act for Undocumented Aliens.'' That is what it says. But the practical effect of the RESTORE Act will be to allow unregulated, warrantless wiretapping of illegal immigrants in the United States. Is this really what the Democratic majority intends?
Finally, the RESTORE Act omits any liability protection for telephone companies and other carriers that assisted the government after September 11, 2001. These companies deserve our thanks, not a flurry of harassing lawsuits. Communications technology has changed since 1978. We can no longer gather foreign intelligence without the assistance of private communications companies. Extending commonsense liability protection to communication providers who acted in good faith to protect the United States from another terrorist attack is completely appropriate. If we fail to provide this protection, we risk losing the future cooperation of communication providers in gathering foreign intelligence.
Democrats made a promise to the American people in 2006 that Members of Congress would put aside politics and work together to find bipartisan solutions to issues facing the American people. That promise has apparently been broken.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Forbes), the ranking member of the Crime Subcommittee of the Judiciary Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Gohmert), the deputy ranking member of the Crime Subcommittee of the Judiciary Committee.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Lungren) who is the senior member of both the Judiciary and Homeland Security Committees.
Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Shadegg), a senior member of the Commerce Committee.
Mr. Speaker, I am happy to yield 2 minutes to the gentleman from Missouri (Mr. Blunt), the distinguished minority whip of the House.
Mr. Speaker, I have a motion to recommit at the desk.
I am in its current form.
Mr. Speaker, the motion to recommit says ``promptly,'' because the bill needs to go back to committee immediately. Members were given almost no notice of what was going to be in this bill. There are many questions remaining about the text because it has not gone through the regular committee process.
This motion addresses a major problem created by the manager's amendment. Under existing law, court orders are required to conduct certain surveillance of illegal immigrants within the United States. Section 18 of the manager's amendment strips away any rights that illegal immigrants have under FISA, stating clearly that there will be ``no rights under the RESTORE Act for undocumented aliens.''
If that is really what the Democratic leadership wants to do, then we should ensure that the legislation does not treat terrorists more favorably than illegal immigrants. To fix this problem, the motion adds ``state sponsors of terrorism and their agents'' to section 18
to ensure that they are treated equally. There is no reason that the law should provide greater protection to terrorists than to illegal immigrants.
Also, the motion preserves the ability of our intelligence community to conduct surveillance of Osama bin Laden, al Qaeda, the Iranian Revolutionary Guard, and other terrorist organizations to protect America from an imminent terrorist attack. When faced with a life-or- death situation, a ticking bomb, an imminent threat of attack, do we really want to subject intelligence agents to unnecessary legal hurdles in order to protect our country?
The RESTORE Act hinders our intelligence community's ability to collect foreign intelligence needed to prevent al Qaeda and other terrorists from attacking our country. It requires the government to obtain court orders to conduct surveillance of overseas terrorists. The implication of this requirement, Mr. Speaker, could be catastrophic.
Mr. Speaker, I yield the balance of my time to the gentleman from Michigan (Mr. Hoekstra), who is the ranking member of the Intelligence Committee.
Mr. Speaker, on that I demand the yeas and nays.