[Congressional Record Volume 153, Number 184 (Tuesday, December 4, 2007)]
[Extensions of Remarks]
[Page E2481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          RESTORE ACT OF 2007

                                 ______
                                 

                               speech of

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                      Thursday, November 15, 2007

  Mr. HIGGINS. Mr. Speaker, on November 15th, 2007, I missed a vote on 
final passage of the Responsible Electronic Surveillance That is 
Overseen, Reviewed, and Effective (RESTORE) Act of 2007. I would have 
voted YEA.
  Effectively defending Americans from the threat of terrorist attacks, 
while safeguarding cherished and essential civil liberties and privacy 
protections, requires the Federal government to periodically reassess 
how intelligence information is collected. Congress has a duty to 
ensure that intelligence is collected expeditiously and can be analyzed 
efficiently, but within bounds long-established through constitutional 
jurisprudence.
  The RESTORE Act carefully prescribes what types of communications, 
when reasonably believed to contain information relating to a terrorist 
investigation, would require Fourth Amendment warrant protections. 
Specifically, the bill would require court-ordered search warrants when 
the identity and whereabouts of one subject is, or could reasonably be, 
an American citizen. This provision would provide discrete guidance for 
intelligence officers and prevent warrantless surveillance of 
Americans.
  Intelligence investigations into terrorist activities are fast-paced 
and often rely on the use of modern telecommunications technology. The 
RESTORE Act acknowledges that such intelligence gathering is unique, 
and facilitates such investigations while ensuring they meet crucial 
constitutional standards. It also checks potential abuses of power by 
ensuring that a court, and not an executive branch political appointee, 
decides whether the communications of an American citizen are to be 
intercepted. By doing so it gives our citizens the best protection we 
can provide them: review of the executive branch's actions by a court.
  I had serious concerns about the PROTECT America Act, but I voted for 
it earlier this year because of the urgent needs presented by the 
intelligence community and the temporary nature of the bill's 
authority. The RESTORE Act is a vast improvement from the PROTECT 
America Act, as it provides necessary constitutional protections to 
American citizens and practical guidance for intelligence officers.
  This bill properly responds to the evolving terrorist threat and 
respects constitutional jurisprudence. It should be accepted by the 
Administration.

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