Congressional Record: January 24, 2007 (House)
Page H922-H923



       CONGRESS SHOULD DUST OFF OVERSIGHT PLAN FROM 30 YEARS AGO

  The SPEAKER pro tempore (Mr. Johnson of Georgia). Under a previous
order of the House, the gentleman from California (Mr. Schiff) is
recognized for 5 minutes.
  Mr. SCHIFF. Mr. Speaker, in December 2005, we learned that the Bush
administration was using the National Security Agency, the NSA, to
eavesdrop on Americans on U.S. soil without a warrant or judicial
oversight, in violation of the Foreign Intelligence Surveillance Act.
  Over a year later, Congress has yet to address this issue, and the
NSA's secret surveillance program has continued unabated. Just last
week the administration continued its unilateral approach, announcing
that notwithstanding its protestations last year, that it could not
possibly allow the Foreign Intelligence Surveillance Court to oversee
the NSA program; it would now submit to the court's jurisdiction, but
not tell the Congress how the Foreign Intelligence Surveillance Court
would oversee the program or why its policies have changed.
  When Members of Congress questioned the Attorney General and the
National Intelligence Director regarding this shift in policy, both
officials refused to provide information regarding the nature of the
administration's new policy in this area.
  Indeed, we have no idea whether the administration is now seeking
warrants on an individualized basis or broad programmatic approval from
the Foreign Intelligence Surveillance Court.
  Congressional silence in this area and others has had other
repercussions. Earlier this month Congress was again caught by surprise
when we learned that the President has claimed potentially sweeping new
powers to open Americans' mail without a court warrant.
  Again, the administration could obtain a warrant, and quickly, from a
Foreign Intelligence Surveillance Court judge, but has chosen not to
submit this effort to court supervision. Interestingly, the
developments over the last year bear a striking resemblance to events
that occurred some 30 years ago, when a series of troubling reports

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began appearing in the press concerning domestic intelligence
activities and surveillance of political activities of U.S. citizens.
  These revelations and others revealed by the Watergate scandal
convinced lawmakers that Congress had been too permissive and trusting,
failing to carry out its oversight responsibilities over the executive
branch.
  In response, a U.S. Senate committee was formed to investigate
intelligence activities by the government. The United States Senate
Select Committee to Study Governmental Operations With Respect to
Intelligence Activities, commonly referred to as the Church committee,
after its Senate chairman, issued more than 50,000 pages of reports in
what is considered the most comprehensive review of intelligence
activities in the country.
  Ironically, the reports included sections on mail opening as well as
the National Security Agency and fourth amendment rights. In rebuffing
recent congressional requests for information on the current NSA
program, the administration has made the argument that the NSA
surveillance program is too sensitive to be shared with Congress, even
to Members in the classified setting.
  When these same concerns were weighed by the Church committee in
1975, the opposite result was reached, with the committee refusing to
neglect its oversight responsibility merely because their work would be
harder. In fact, the extensive oversight and the substantial record
generated by the Church committee inspired the creation of the Foreign
Intelligence Surveillance Act, and the Foreign Intelligence
Surveillance Court.
  Both have worked effectively to ensure that the President has the
tools necessary to thwart attacks while ensuring respect for the civil
liberties of Americans and the adherence to the rule of law. FISA, as
it is called, has provided a measure of oversight over foreign
intelligence activities on U.S. soil, and with it the confidence of the
American people.
  This administration, however, has undermined that trust by
circumventing FISA. Congress should follow the example of the Church
committee, by vigorously examining the NSA surveillance program and
determining what legislative action is necessary. The administration
should cooperate and work with Congress as we engage in our oversight
responsibilities, and make the case for statutory change if revisions
are required to meet new challenges in the war on terror.
  If, however, the administration rejects congressional oversight in
this area and continues to defy requests for information, Congress
should seek other means of redress. I have introduced bipartisan
legislation with Representative Jeff Flake that can serve as a basis
for examining these issues and restoring the rule of law.
  The NSA Oversight Act, H.R. 11, would reiterate existing law
requiring court approval for the surveillance of Americans on American
soil, and would provide greater oversight of NSA's surveillance
activity. Our legislation also makes some key changes to FISA in order
to streamline and expedite the process in response to the
administration's argument that the current framework was too
cumbersome.
  Mr. Speaker, I urge the Congress to fully examine this issue, step up
its oversight responsibility, and take legislative action if necessary.

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