Rep. Nadler Statement on RESTORE Act

Bill Protects Privacy and Civil Liberties, Enhances National Security

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, today urged his colleagues to pass H.R. 3773 Responsible Electronic Surveillance that is Overseen, Reviewed, and Effective Act of 2007 (RESTORE Act). Rep. Nadler is an original co-sponsor of the bill that was introduced by Judiciary Committee Chairman John Conyers, Jr. (MI-14) and Intelligence Committee Chairman Silvestre Reyes (TX-16).

"The RESTORE Act gives our intelligence agencies the tools they have told us they need to make us safe," said Rep. Nadler. "This bill does not stop our government from listening to the terrorists to find out what they are doing and plotting. Indeed, the bill not only increases funding, it focuses our resources on real threats and ensures that the government uses its authority correctly, in keeping with our laws and our Constitution. It will put an end to this Administration’s well worn ‘trust me’ routine."

The Conyers-Reyes bill reinforces the role of the Foreign Intelligence Surveillance Act (FISA) Court with respect to electronic surveillance programs, clarifies that foreign-to-foreign communications do not require court approval, and requires FISA warrants when targeting domestic communications or Americans abroad. The bill also includes an amendment authored by Rep. Nadler to strengthen the judicial oversight of the surveillance programs by the FISA Court.

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 of the legislation. It also includes emergency provisions, including the ability to get a warrant up to seven days after a wiretap is initiated, ensuring that the government will never have to stop listening to a suspected terrorist plotting an attack. Current law gives government the same authority, but requires that a warrant must be obtained within 72 hours.

Rep. Nadler noted that 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.

"Congress must not usurp the responsibility of the courts," said Rep. Nadler. "And we must not reward companies that may have assisted in illegal activity. It is up to the courts, not Congress, to determine if these companies knowingly acted without proper legal authorization. Too many questions remain unanswered by the Bush Administration with respect to these matters. Indeed, reports indicate that some aspects of the warrantless wiretapping program may have even pre-dated the 9/11 attacks."

"I am proud that we were able to work with the leadership to produce a bill that is true to our Constitution and true to our values," Rep. Nadler added. "As one of the co-chairs of the Congressional Progressive Caucus’ FISA Task Force, I can say that this bill meets every one of our principles. A plain reading of the bill shows that it provides stronger privacy protections for the communications of Americans."

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