The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE INTRODUCTION OF THE RESTORE ACT” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E2088 on Oct. 9, 2007.
The publication is reproduced in full below:
THE INTRODUCTION OF THE RESTORE ACT
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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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