Chairman Reyes Statement on FISA Amendments Act of 2008
Washington, D.C. – House Permanent Select Committee on Intelligence Chairman Silvestre Reyes (D-TX) spoke on the floor of the U.S. House of Representatives today regarding H.R. 6304, the FISA Amendments Act of 2008. Below are his remarks as prepared for delivery:
“I rise as the sponsor of HR 6304, the FISA Amendments Act of 2008.
“This bill represents the culmination of more than a year’s work by the Members and staff of the House Intelligence Committee – together with our colleagues on the Judiciary Committee – to bring to this floor a bill that modernizes our surveillance authorities while protecting the constitutional rights of Americans.
“This bill is a far better deal than the Protect America Act. And it is far better than the Senate bill that passed earlier this year.
“Intelligence is the first line of defense in our nation’s efforts to prevent terrorism and to stop the proliferation of weapons of mass destruction. This legislation strengthens the ability of our intelligence agencies to conduct lawful surveillance of foreign targets.
“But this legislation also serves another vital function. It strengthens the constitutional rights of Americans, protects them from unlawful surveillance, and stops this President – or any President – from invoking executive power to conduct warrantless surveillance of Americans.
“This bill does more than just retain the original FISA requirements for an individual warrant based upon probable cause for surveillance targeting Americans here in the United States. For the first time ever, this bill requires, in statute, warrants for Americans anywhere in the world.
“It also requires the government to establish clear guidelines to ensure that no American is the target of any surveillance without a warrant.
“It clarifies that FISA and Title 18 of the U.S. code are the “exclusive means” by which the government may conduct domestic surveillance. It will prohibit any unlawful warrantless wiretapping, the kind we saw under this Administration.
“It provides accountability by requiring the Inspectors General of various agencies to compile a comprehensive report on the President’s surveillance program, and that review must be given to Congress.
“It requires prior court approval of the procedures used to conduct surveillance of foreign targets, except in an emergency – which is similar to the current FISA law.
“This legislation also addresses the issue of lawsuits against telecommunications companies that comply with directives from the government.
“This bill does not grant immunity to any government official who might have violated the law. And this bill does not grant automatic immunity to the telecom companies, as the Senate bill would have.
“Under this legislation, a federal district court will review the evidence, submitted by the Attorney General, and the court will decide whether to grant civil liability protection to a company that provided post 9/11 assistance to the government. In this bill, Congress does not grant immunity. Congress isn’t deciding the question of immunity. The District Court will.
“Finally, this bill will sunset in four-and-a-half years, ensuring that the next Administration will be in a position to assess and review the effectiveness of this legislation.
“This legislation represents a bipartisan compromise, and as such, both sides got less than they wanted. But it is a product of a good faith effort by both Republicans and Democrats to give our intelligence agencies the tools necessary to keep America safe, while protecting our Constitution and our civil liberties.”
opinion
Reyes: FISA Amendments Act "A Better Bill"
by U.S. Rep. Silvestre Reyes
Posted on June 20, 2008
KYJurisDoctor
June 20, 2008
Barack Obama is moving to the center, and House Democrats CANNOT deliver on ANY promises they made to their voters in order to win back Congress!
ghostcommander
June 20, 2008
We all know that 24% of the electorate are die-hard, suicide voters that will rubber stamp anything and everything that the Fascist Criminal Enterprise of "Thing" cheney/"Thing" bush does. This included the lock-step, rubber stamping GOP in the House and Senate, the RNC and their slithering brown shirt, swift boaters, and the equivalent in the MSM. Who would have thought that the Democrats would cave in to the Fascists? The Democrats that voted for this FISA bill have just committed political suicide, and the Democrats in the Senate might follow suit next week. Obama may win the Presidential but the Democrats have just given the House to the Fascists. If the Senate Democrats pass this bill, they will have done the same thing.
helen marshall
June 22, 2008
This statement is full of sickening, self-serving, nonsense, from a man who insisted up to the last minute in email statements that he would not support immunity for the telecommunications firms that broke the law at the demand of the White House, but would require that they have to face the accusations in court. We will never know now exactly what the administration did, as the civil lawsuits were the only way to find out; under this legislation, as soon as the Attorney General (who has already shown himself to be at the beck and call of the White House, e.g, refusing to say if Waterboarding is Torture) asserts to the court that these firms acted when the president told them it was necessary to prevent a terrorist attack - the lawsuit ends. The court cannot even examine any evidence for this claim. That's it. As the Republican whip, Roy Blount, said, the court role is "just a formality." The Republicans voted for this 188-1. Does that tell you anything? If Congressman Reyes has any more ideas about how to "protect our Constitution and our civil liberties" I hope he keeps them to himself.
As for the clever idea of making the law sunset in 2012 - that's just in time for another election and another campaign to tar anyone who objects to warrantless wiretapping as being For the Terrorists.
The Democrats, led by "impeachment is off the table" Pelosi, have now codified the view of John Yoo and David Addington and VP Cheney that the president can disobey any law or treaty that he wishes to if he claims it is necessary for national security. Many of these Democrats have received huge sums of money from the telecommunications firms. Congressman Reyes apparently does not need that - he does not even have an opponent in November - but his Intelligence Committee chairmanship was the gift of Pelosi. Is that why he sold out what he said were his principles?
I don't know which would be worse - that Congressman Reyes spouts this nonsense because he believes it, or that he says it knowing that it is not true.
While there is no way to express electoral condemnation of this in the 16th District this year, anyone who is disturbed by this should take a look at Glenn Greenwald's column on Salon for more information and action plans to make some of the proponents of this sellout pay.
helen marshall
June 22, 2008
UPDATE: Contrary to Congressman Reyes' assertion that this bill ensures that Americans cannot be placed under suveillance without a specific warrant, here's the Wall Street Journal, staunch supporter of Mr. Bush, on what the bill does (6/20):
"The lasting impact of the agreement would be a broader scope for the government's domestic surveillance.
Before 9/11, the NSA had to acquire a specific warrant if it wanted to listen to any conversation involving a U.S. citizen. Now, the secret court would be able to approve broad patterns of surveillance, focused on groups of people believed to be overseas, even if they are communicating with people in the U.S. So without a warrant, the NSA could listen to the conversation of a U.S. citizen if he or she was talking to a suspicious person overseas."
I have to ask again, does Congressman Reyes actually believe what he has said or is he simply trying to hide what he has done?
Christian Seppa
June 22, 2008
Dear Chairman Reyes,
This legislation also serves another vital function besides those you mention: To keep your person immune from prosecution.
As one-eighth of the Gang of Eight you had oversight responsibilities for intelligence & surveillance activities of this administration. I am sure Nancy Pelosi also shares your pride in passing this bill out of the House. As does Rockefeller, Hoekstra, Bond, McConnel, Reid, and Boehner, as they comprise the rest of the group.
If you were properly briefed by the administration, and still allowed surveillance gathering that violated the constitutional rights of Americans, there are serious consequences associated. Impeachment would be a given. Criminal prosecution a possibility.