Washington, D.C. During debate today on the Restore Act of 2007, Congresswoman Jane Harman (D-Venice), chair of the Homeland Security Subcommittee on Intelligence, Information Sharing & Terrorism Risk Assessment, made the following statement on the floor of the House:

Many in this house—including me—have worked over years to get surveillance right.  This bill does a good job—a far better job than the bill reported last month by the Senate Intelligence Committee. 

Protecting America from the real threat of additional attacks requires the strongest possible tools.  It also requires a flexible, agile, and Constitutional set of authorities to guarantee that those who do the surveillance clearly know the rules and obey them—and that Americans who may be targeted have appropriate safeguards.

This legislation arms our intelligence professionals with the ability to listen to foreign targets—without a warrant—to uncover plots that threaten US national security.  The bill also protects the Constitutional rights of Americans by requiring the FISA court, an Article III Court, to approve procedures to ensure that Americans are not targeted for warrantless surveillance.

I have reviewed the changes to this legislation made by the Manager’s Amendment.  This amendment makes the bill stronger in two important ways: 

First, it clarifies that nothing in the bill inhibits the ability to monitor Osama bin Laden, al Qaida, proliferators of weapons of mass destruction, or any terror group or individual who threatens our national security. 

Second, it clarifies that nothing in the bill extends any rights to people who are not in the United States legally.  Undocumented aliens, people who are not citizens or have overstayed their visas, receive no new rights under this bill.  Some may try to scare us into thinking otherwise, but they are just wrong.

The bill does not change current law regarding the surveillance of undocumented aliens.  Since 1978, FISA has extended Fourth Amendment protections to persons legally in the United States. The Protect America Act—which the Republican minority in this body supported in August and which was enacted into law that month—continues that same definition.  We do not change the coverage in this bill.

Mr. Speaker, the terrorists will not check our party registration before they try to blow us up.  Security and liberty are not a zero sum game.  The RESTORE Act will protect the American people and defend our Constitution. 

Vote aye.