[Congressional Record (Bound Edition), Volume 153 (2007), Part 19]
[Extensions of Remarks]
[Page 26936]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  THE INTRODUCTION OF THE RESTORE ACT

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Tuesday, October 9, 2007

  Mr. CONYERS. Madam Speaker, I'm proud, to join with Intelligence 
Committee Chairman Reyes today in introducing legislation that will 
give our intelligence community needed tools to combat foreign threats 
while preserving civil liberties. Making sure that surveillance 
activities protect freedom as well as security is critical to waging an 
effective fight against terrorism.
  The RESTORE Act extends the ability of the Government to acquire 
communications of persons abroad for the purpose of terrorism and other 
national security threats. Earlier this year, in the Protect America 
Act, PAA, amendments were made to the long-standing consensus approach 
set forth in the Foreign Intelligence Surveillance Act, FISA. 
Responding to what the administration characterized as pressing 
concerns, the PAA gave the Government enhanced flexibility to collect 
foreign intelligence information. But the broad scope of the authority 
and procedures that allowed the Government to collect this information 
without up-front court approval raised grave concerns about the need 
for more safeguards of innocent Americans' communications. The RESTORE 
Act improves upon the PAA by providing a series of checks and balances 
while still allowing maximum flexibility. It limits the Government's 
authority to what the Director of National Intelligence told us he 
needed--a means to acquire information from telecommunications 
companies about physical threats to the Nation in which the target is 
overseas. The RESTORE Act does not require individual warrants when 
persons reasonably believed to be abroad, but it is firm that a FISA 
warrant is required to obtain communications of people in the United 
States. The RESTORE Act settles that FISA is the exclusive means of 
electronic surveillance, and that no modifications can be made without 
express statutory authorization. The RESTORE Act will also provide 
additional resources for the National Security Agency and Department of 
Justice to ensure that there are no backlogs of critical intelligence 
gathering.
  Congressional oversight and full knowledge about surveillance 
activities is critical in ensuring the Nation's safety. Both the 
Judiciary and Intelligence Committees need access to court orders, 
Presidential authorizations, and details of and legal justifications 
for past wiretapping efforts. The RESTORE Act provides for audits and 
congressional reports of surveillance programs past, present, and 
future. Through these reports and audits, with nonclassified aspects 
where appropriate, Members of Congress and the public will have the 
opportunity to assess whether the program works as designed. Chairman 
Reyes and I are committed to vigorous oversight, constant dialogue, and 
statutory improvements as needed to meet our duty to ensure safety and 
liberty for all.
  The administration has continued to deny us the information that 
Congress is entitled to and which is necessary for a full understanding 
of the issues at stake. Nevertheless, I believe this legislation will 
allow us to move forward and respond to the concerns of the 
administration. This bill will require that information be made 
available to us and give the Congress the opportunity to assess these 
procedures and the program on the basis of a complete record. The 
RESTORE Act's important audit and reporting provisions are essential 
for when the program will sunset in 2009. At that time, with a new 
Congress, a new President, and the results of these provisions, we will 
again strive to provide additional protections for the rights of 
Americans. For this is an ongoing responsibility that all of us in 
Congress are working toward--a foreign intelligence gathering system 
that is effective and flexible, yet bound by procedure and law.

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