HARMAN SUPPORTS HOUSE FISA-BILL

Says “it would be reckless to grant retroactive immunity without knowing the scope of programs out there”

Washington, D.C.  Representative Jane Harman (CA-36), Chair of the Homeland Security Intelligence Subcommittee, delivered the following statement today on the House floor during debate on reauthorizing the Foreign Intelligence Surveillance Act (FISA):

My oldest grandchild, Lucy, is two today.  She, my other two grandchildren, and my four children, are never out of my thoughts as I wrestle with what are right and wise security policies to protect our country.

I served six years on the Armed Services Committee, eight on the Intelligence Committee, and four on the Homeland Security Committee, where I chair its Intelligence Subcommittee.

I received so-called “Gang of Eight” briefings on the operational details of the Terrorist Surveillance Program from 2003 to 2006, and I regularly receive classified threat briefings.

Some in this chamber – in both parties – seek my views on security issues, and I hope my advice is helpful.

On the matter before us, it is as follows:

First, the world is increasingly dangerous – and the threats from al Qaeda, Hezbollah and copy cat terror cells are real.  We must do everything possible to intercept the communications and plans of bad guys and prevent or disrupt their plots to harm us.

Second, the actions we take can and must be consistent with the rule of law.  FISA has served us well for 30 years – its framework is sound and, even in it present form, it permits us to secure emergency warrants in a matter of minutes to intercept communications between suspected foreign terrorists and Americans.

Third, FISA does need some tweaking – but the technical changes are not controversial.  All Democrats on the Intelligence Committee proposed them almost three years ago in the LISTEN Act.

Fourth, FISA has always provided immunity for telecom firms which act pursuant to its provisions.  Telecoms seeking relief from Congress now did not comply between 2001 and 2005.  Nor did the Administration.  That was wrong, and they must be accountable.

Fifth, telecoms are now complying with FISA and have immunity for all of their activities.

And sixth, press accounts – especially Monday’s story in the Wall Street Journal – make clear that there are up to five ongoing surveillance programs.  Congress is not fully informed, and it would be reckless to grant retroactive immunity without knowing the scope of programs out there.

So, Happy Birthday, Lucy.  May you grow up in a country with security and liberty.  Passing the bill before us is a good start.

###