[Congressional Record Volume 154, Number 104 (Monday, June 23, 2008)]
[Extensions of Remarks]
[Page E1314]
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. JOE BACA

                             of california

                    in the house of representatives

                         Friday, June 20, 2008

  Mr. BACA. Madam Speaker, I rise today in support of 6304, Foreign 
Intelligence Surveillance Amendments Act of 2008.
  This bill gives the intelligence community the tools it needs to keep 
America safe from terrorists, and at the same time protects the 
constitutional rights of all Americans. The FISA Amendments Act is a 
balanced bill that is tough on terrorists while also protecting the 
rights of Americans and increasing oversight of U.S. intelligence 
activities. H.R. 6304 allows the intelligence community to conduct 
foreign electronic surveillance for the purpose of defending against 
terrorism and national security without the need for individual court 
orders.
  But in situations where these investigations would involve 
surveillance of American citizens, the Courts will have the oversight 
to review and approve the surveillance to ensure constitutional rights 
are upheld. We must remember that the United States has enemies abroad 
who wish to do us harm.
  Under this bill, Americans will have stronger protections of their 
constitutional freedoms than the current foreign surveillance policy 
allows, and at the same time, the intelligence needed to protect our 
country will not be compromised. The legislation protects American 
civil liberties and upholds constitutional values by clarifying that 
FISA and Title III of the criminal code are the exclusive means by 
which the government may conduct surveillance on U.S. soil. This will 
prevent any President from using executive power to conduct warrantless 
domestic surveillance.
  The legislation also clarifies that to conduct surveillance of a 
person in the United States, the government must first obtain an 
individual warrant from the FISA Court based on probable cause. H.R. 
6304 ensures compliance measures, but not automatic immunity, for 
private-sector companies that allegedly participated in anti-terrorism 
surveillance programs. Federal district courts will be allowed to 
determine whether substantial evidence supports civil liability 
protection for companies which assisted in post-9/11 activities.
  The bill also ensures liability protections for companies which 
provide lawful assistance to the government in the future. This is good 
legislation that reaches the necessary balance between keeping the 
American people safe and protecting our civil rights.
  We will have greater oversight of our nation's surveillance programs, 
while at the same time encouraging greater compliance with our private 
sector partners in the ultimate goal of keeping America and her people 
secure. Please vote in support of H.R. 6304.

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