Madam Speaker,  I rise in support of H.R. 3773.

Today, as we have so many times in our history, we are wrestling with the question of how best to protect security while preserving liberty.  That struggle has always been challenging, and the events of 9/11 made it even more so.  But today, the RESTORE Act provides a carefully crafted solution to that problem. 

We all recognize the gravity of the threats facing our country, and that is why this bill gives the Director of National Intelligence all the authority he has asked for to fight terrorism.  The legislation updates FISA to address new developments in technology so that our intelligence activities are not constrained based on what method of communication suspects happen to be using or where the communication may be routed.  The bill also clarifies that no warrant is needed for foreign-to-foreign communications.  These are requests that the DNI has made and which are included in the bill.

However, unlike the so-called Protect America Act, which passed in August, the RESTORE Act provides for rigorous and independent oversight from the courts, the Congress, and the Department of Justice Inspector General. 

Additionally, during the Intelligence Committee’s consideration of the bill, I successfully offered an amendment to strengthen the oversight by preserving the FISA Court’s role to review compliance with their rules every 90 days for the life of a court order.  By having the FISA Court review the procedures and guidelines used by the DNI and Attorney General when determining that prospective targets are located outside the U.S., we provide another safeguard against the collection of communications of people inside the U.S.  Finally, the bill requires greater Congressional oversight of the program so that we can monitor how it is being implemented and make any changes that may become necessary.

Such rigorous oversight is why the Bush Administration objects to this bill.  To them, the Protect America Act that passed in August is just fine the way it is.  They want unfettered authority, without checks and balances.  But we have seen what happens when the Administration is given free rein, and I will not let that happen again.

I want to be clear that this is not a perfect bill.  While in theory it is a vast improvement over the Protect America Act, in reality, this legislation will only work if everyone involved follows the rules that Congress establishes and remains within the confines of the law.  Like any program, and indeed more so than most, this one could be subject to abuse, and we must remain vigilant in our efforts to ensure that does not happen.  We have included meaningful safeguards and significant checks and balances in this measure.  However, these provisions are only as strong as the individuals and agencies implementing them.  Congress must continue to conduct robust oversight and insist on the briefings and information to which we are entitled.  If we fail in these efforts and abuses occur, we will have ourselves to blame.

Madam Speaker, we have faced grave threats before.  Our Constitution was drafted at a time when the very survival of our nation was in doubt.  Yet our founding fathers made the preservation of basic liberties part of the fabric of our national identity. 

As Members of Congress, it is our sworn duty to defend the Constitution and the principles on which our nation was founded.  I urge my colleagues to support H.R. 3773, which protects security while preserving the liberties that make this country great.

Thank you.