[Congressional Record Volume 154, Number 53 (Friday, April 4, 2008)]
[Extensions of Remarks]
[Pages E514-E515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FISA AMENDMENTS ACT OF 2008

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                               speech of

                            HON. JEFF FLAKE

                               of arizona

                    in the house of representatives

                         Friday, March 14, 2008

  Mr. FLAKE. Mr. Speaker, I voted against H.R. 3773, the FISA 
Amendments Act of 2008, which was approved by the House of 
Representatives on March 14, 2008. I believe that this bill was a good 
compromise between the RESTORE Act approved by the House on November 
15, 2007 and the version of the legislation approved by the Senate on 
February 12, 2008. However, I opposed the version of H.R. 3773 
considered in March, because it failed to include immunity for the 
telecommunications companies that cooperated with the administration's 
request to assist in intelligence collection.
  I disagree with the President's decision to bypass congressional 
authority in authorizing such surveillance. However, I believe that the 
telecommunications companies were put in a difficult position and acted 
in a good-faith interest of national security when they cooperated with 
the administration's request. If Congress fails to grant them immunity, 
the consequences would be far-reaching.
  Without immunity, the pending lawsuits against the telecom companies 
will carry on for years and saddle the telecoms with millions of 
dollars in legal fees--fees that will, in turn, be passed onto 
consumers.
  There will he scenarios in the future when cooperation between the 
private sector and the Federal Government will be necessary. These 
situations will likely be met with distrust

[[Page E515]]

and extreme hesitance on the part of private companies because we 
failed to come to their defense in this matter. This could be 
detrimental to U.S. security.
  Instead of immunity, the FISA Amendments Act would allow the telecoms 
to defend themselves in court by lifting current restrictions and 
allowing classified information to be introduced as a part of their 
defense. This may or may not be sufficient to prove the innocence of 
the telecoms. but the introduction of this information would set a 
dangerous precedent. Over the objections of the President, highly 
classified information would be handed over to judges and lawyers who 
are unlikely to possess the appropriate and necessary security 
clearances. This would almost certainly make the introduction of such 
classified evidence in future proceedings easier, and could severely 
compromise our ability to collect and conduct future intelligence 
activities.
  The initial House-approved FISA reform legislation, the RESTORE Act, 
did not contain any immunity provisions. I supported it with the 
expectation that we would consider immunity during a conference with 
the Senate. We voted instead on the FISA Amendments Act, which I 
believe is a good bill that represents a careful compromise. Immunity 
is critical and, because H.R. 3773 has no immunity provisions, I voted 
against its passage.

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