Washington, D.C. Congresswoman Jane Harman (D-CA), Chair of the Homeland Security Subcommittee on Intelligence & Terrorism Risk Assessment, today released the following statement during House consideration of legislation to extend the deeply flawed Protect America Act.

As we discuss another extension of the Protect America Act in order to hammer out a bicameral agreement, thousands of intelligence agents are working hard around the world, in undisclosed locations, unaccompanied by their families, to prevent and disrupt dangerous threats against our country. 

Once again let me say thank you.  And let me say that every member of this chamber thanks you for your service and prays for your safe return. 

This debate is not, as some on the other side want to characterize it, about Democrats wanting to coddle terrorists.  We emphatically do not.  We want to capture or kill them.  It is beyond cynical to suggest otherwise.

This debate is not about whether we want court orders for foreign-to-foreign communications between terrorists.  We do not. 

Or whether we are opposed to responsible changes to FISA.  We all support them. 
This debate is about whether the careful framework in FISA – which has lasted three decades while letting us pursue terrorists and protecting Constitutional freedoms – will survive. 

The bill the Senate passed yesterday, in my view, is unacceptable.  I am mindful that there was a substantial bipartisan majority for it – but some from my party who voted for it tried mightily to improve it, and lost.  If we have 21 more days, we can consider some of their amendments here – and, I would hope, pass them. 

If we cannot fix the Senate bill, I will oppose it if it comes up for a vote in the House. 

Yes, I was one of a small group of Members briefed on the Terrorist Surveillance Program between 2003-2006.  But those briefings, until the program was publicly disclosed in late 2005, were about operational details only. 

I never learned that the Administration was not following FISA. 

That was wrong – and that is why for three years I have worked my heart out to fashion responsible bipartisan agreement on the need for the TSP to comply fully with FISA.  This fall, I urged repeatedly for bipartisan negotiations which, sadly, never happened.  It may now be too late, but I am "go" for one more try. 

I say to the intelligence officers mentioned at the outset of my remarks, to my colleagues, and to the American people, we need to conduct surveillance of foreign terrorists, but we must do it within the rule of law.  With a clear legal framework, you are empowered to do your job better – and from that we all benefit. 

In August the House was jammed by the Senate into passing ill-advised legislation.  I opposed it, and said we did not want to watch the same movie again in six months. 

Well, here we are for the sequel – but this time we must object.  I do object. 

We can and must do better.