[Congressional Record Volume 154, Number 115 (Monday, July 14, 2008)]
[Extensions of Remarks]
[Pages E1448-E1449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      H.R. 6304, FOREIGN INTELLIGENCE SURVEILLANCE AMENDMENTS ACT

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                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                         Monday, July 14, 2008

  Ms. McCOLLUM of Minnesota. Madam Speaker I rise in opposition to H.R. 
6304, the Foreign Intelligence Surveillance Amendments Act (FISA).
  There is no question that we need to modernize the laws that govern 
U.S. intelligence to protect our national security, but we must also 
rigorously defend civil liberties and ensure accountability.
  That is why I am strongly opposed to any retroactive immunity for 
those telecommunications companies that are charged with violating 
those fundamental rights.
  Legal experts concur that President Bush's wiretapping program was, 
and is, in violation of the Constitution and applicable federal law. 
Congress as a whole was kept in the dark for years about these 
activities.
  It is our responsibility to protect innocent Americans who expect 
that their communications will remain private, except in circumstances 
provided under the law. Corporations that handed over their customers' 
records, without a valid court order or other legal instrument 
authorized by statute, undermined fundamental civil protections and 
privacy rights of Americans.
  The courts should not be prevented from ruling on the legality of the 
actions taken by these corporations. And Congress should not meddle in 
the pending lawsuits.

[[Page E1449]]

  Yes, we need to replace the outdated and controversial Protect 
America Act (S. 1927) and enable timely intelligence gathering against 
terrorists. But we must also ensure that power cannot be abused to 
violate our most precious freedoms.
  Since the tragedy of September 11, the Bush administration has abused 
its intelligence gathering powers. In 2005, we learned that the 
government had circumvented intelligence laws to spy on Americans' 
phone conversations. Last year, an investigation found that the FBI had 
misused tools intended to fight terrorism to conduct unrelated domestic 
surveillance. And earlier this year, reports have surfaced that the FBI 
requested thousands of phone records to cover up its previous abuses, 
and that this and other questionably obtained data is being compiled by 
the National Security Agency in a massive data-mining operation about 
which we know almost nothing.
  I cannot in good conscience vote for this bill, which gives the Bush 
administration even broader spying powers.
  The Foreign Intelligence Surveillance Amendments Act implicitly gives 
retroactive immunity to telecommunication companies that facilitated 
warrantless wiretapping over the last 7 years and ensures the dismissal 
of all cases pending against telecommunication companies.
  Furthermore, H.R. 6304 permits the government to conduct mass, 
untargeted surveillance of all communication coming into and out of the 
United States, without any individualized review, and without any 
finding of wronging doing.
  This act permits only minimal court oversight and court review is 
further trivialized by authorizing the Government to continue a 
surveillance program even after an application is denied by the court.
  The legislation also contains a loophole that permits the Government 
to start spying and wait for up to 7 days to go to court and obtain a 
warrant.
  Congress should not allow for the warrantless wiretapping of American 
citizens. Ensuring our national security must not come at the expense 
of our basic civil liberties. We can protect our Nation and our rights.

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