Smith Expresses Serious Concerns with Intelligence Bill

Press Release

Smith Expresses Serious Concerns with Intelligence Bill

WASHINGTON, DC-Congressman Adrian Smith (R-NE) today opposed H.R. 3773, the RESTORE Act, pointing to serious flaws in the bill which would weaken the Foreign Intelligence Surveillance Act (FISA), a key tool of the Director of National Intelligence in the fight against terrorists.

"This bill falls far short of giving our intelligence community what it needs to do its job - while at the same time infringing on our civil liberties by creating and maintaining a single database listing all Americans identified in foreign intelligence information. This act is flawed and would significantly damage the intelligence community's ability to effectively protect us from foreign threats," Smith said.

Enacted in 1978, FISA created the framework for foreign intelligence gathering using electronic surveillance. At that time, almost all international telephone calls were made over the air and bounced off satellites wirelessly and, thus, did not require a court order under FISA. However, to protect American's civil liberties, FISA required court orders for signals traveling through a wire.

The RESTORE Act would now require a FISA court order for foreign communications of persons reasonably believed to be outside the U.S. Since it was enacted in 1978, FISA has never required a court order for overseas foreign targets. Further, the provisions in RESTORE would seriously imperil national intelligence capabilities and needlessly add red tape to an already laborious process.

The bill also orders the creation and maintenance of a database listing all Americans who have been identified in foreign intelligence information regardless of whether or not they have been suspected as a terrorist or as a spy for a foreign power. The bill does not state how such records would be protected.

"In the 30 years since Congress enacted FISA, telecommunications technology has dramatically changed. Instead of providing unprecedented constitutional protections to our sworn enemies as this bill does, Congress should focus on keeping the American people safe," Smith said.

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