The House Judiciary Committee today adopted an amendment offered by Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, to strengthen the judicial oversight of the surveillance programs by the Foreign Intelligence Surveillance Act Court.  The amendment strengthened key civil liberties protections included in the Responsible Electronic Surveillance that is Overseen, Reviewed, and Effective Act of 2007 (RESTORE Act).  The bill, introduced by Committee Chairman John Conyers, Jr. (MI-14) and Intelligence Committee Chairman Silvestre Reyes (TX-16), was also approved by the Committee.

“The Conyers-Reyes bill is designed to restore the rule of law, while forcing the government to focus its surveillance on America’s number one target – the terrorists,” said Rep. Nadler.  “By placing our intelligence activities on a more solid legal and constitutional footing, we are bringing clarity where murkiness currently exists.  The RESTORE Act not only increases resources, it focuses them on the real threats to our national security and ensures that these powers are used correctly and consistently with our laws and our Constitution.”

The Conyers-Reyes bill was approved on a vote of 20 to 14.  The RESTORE Act reinforces the role of the Foreign Intelligence Surveillance Act Court in regards to electronic surveillance programs, clarifies that foreign to foreign communications do not require court approval, and requires that FISA warrants are required when targeting domestic communications.

The bill also requires periodic audits of surveillance activities by the Justice Department’s Inspector General.  Additionally, the bill provides resources for the National Security Agency and the Justice Department for processing FISA applications and other submissions to the FISA court in a timely and efficient manner, and to comply with the audit, reporting and record keeping requirements.  The bill does not include immunity for telecommunications companies that may have broken the law when they participated in the President’s warrantless wiretapping program.

“The American people are tired of this administration’s well worn ‘trust me’ routine,” Rep. Nadler added.  “We need meaningful checks in the law to ensure that these powers are not being abused. I hope that Congress will support a bill that includes the strongest protections possible.”

Earlier today, President Bush delivered remarks on FISA and called on Congress to renew the flawed White House FISA bill that was rushed through Congress in August.  He specifically called on Congress to grant immunity to the telecommunications firms that participated in the warrantless surveillance program.

“We must not reward companies that assisted in criminal activity,” Rep. Nadler said.  “President Bush is yet again using the politics of fear to advance an agenda antithetical to American freedoms.  No one is suggesting that our government should not listen to the terrorists to find out what they are doing.  Those that suggest we are seeking to do otherwise are engaging in a campaign of deception.  I urge the President to support this bill, which is a step towards restoring a healthy respect for checks and balances while providing necessary tools for our national security.”