Speeches
Pelosi: FISA Bill Protects Our National Security and Our Civil Liberties
11/15/2007
“Mr. Speaker, as one who has long served on the Intelligence
Committee, I understand full well the threats to our national security. I understand full well the need for us to
have legislation that strikes the proper balance between liberty and
security. I think this legislation does
just that, and I commend Chairman Conyers, chairman of the Judiciary Committee,
and the chairman of the Intelligence Committee, Chairman Reyes, for their
important work and their leadership in presenting this legislation to the floor
for consideration.
“The bill is important - it accomplishes the goal of
striking the balance between security and liberty in the following ways: it
defends Americans against terrorism and other threats; it protects Americans’
civil liberties; and it restores checks and balances.
“The bill protects Americans by providing the Director of
National Intelligence with the flexibility he has requested of Congress to
conduct electronic surveillance of persons outside the
“It protects our civil liberties in a number of ways. The DNI has agreed that when Americans are
targeted for surveillance, a warrant is required. We have now included certain criteria that
the government must take into account in considering whether a warrant is
required. This will help prevent
inappropriate warrantless surveillance and ‘reverse targeting’ of Americans
under the guise of foreign intelligence.
“The bill restores checks and balances. This is very important, because that is our
oath of office, to protect the Constitution of the
“The legislation also makes clear that FISA makes the
principle of exclusivity the principle that determines the collection of
intelligence. It makes clear that FISA
is the exclusive means for conducting electronic surveillance to gather foreign
intelligence. The government must seek
approval from a FISA court. So we’re talking
about the Congress of United States passing legislation as it did in the late
1970s, passing this legislation today, which is in light of the new
technologies and new realities in the world, and recognizing the authority of
the third branch of government, the courts.
“This legislation includes extensive reporting to Congress
with respect to the interception and dissemination of communications among
Americans and from Americans. This is
very important because we want to minimize the use of that information and keep
it for the purpose in which it is collected.
“Most significantly, the bill does not provide immunity to
telecommunications companies that participated in the President’s warrantless
surveillance program. We cannot even
consider providing immunity unless we know exactly what we are providing
immunity from. And even then we have to
proceed with great caution.
“It is important to note that the bill sunsets on December
31, 2009, the date the Patriot Act sunsets.
So the next Administration and the next Congress can review and reassess
the program.
“This legislation is supported by organizations dedicated to
protecting our national security and in light of protecting our civil
liberties, including the Center for National Security Studies, the Center for
Democracy and Technology, and many other groups that work to protect privacy
rights. The bill both protects national
security and civil liberties, reaffirms our Constitutional system of checks and
balances, and deserves the support of this House.
“Mr. Speaker, all of us want our President to have the best
possible intelligence, our President and our policy makers. So they can do the best possible job to
protect the American people. But no
President, Democrat or Republican, should have the authority to have inherent
authority to collect surveillance on Americans without doing so under the
law.
“This legislation establishes that principle, and
establishes it in a very focused way in keeping with a need for flexibility for
the Director of National Intelligence, in keeping with honoring our oath of
office to the Constitution.
“I urge our colleagues to support this important
legislation. I for one am very proud of
the work of Mr. Conyers and Mr. Reyes, and thank them for their leadership.”