McNerney Applauds Passage of FISA Modernization

Press Release

Today, Congressman Jerry McNerney (CA-11) applauded passage of the FISA Amendments Act, which will reform the Foreign Intelligence Surveillance Act (FISA) to allow the intelligence community to conduct the surveillance necessary to keep our nation safe as well as protect the Constitutional rights of individual American citizens.

The FISA Amendments Act, H.R. 3773, passed today by a vote of 213 to 197.

"The FISA Amendments Act protects Americans against terrorists while at the same time safeguarding our liberties by striking a balance between the constitutional rights of American citizens and the needs of the intelligence community," said Rep. McNerney. "This bill will provide the government the authority it needs to intercept terrorist communications, while safeguarding the phone calls, emails, and other private communications of American citizens."

The Act enables the intelligence community to conduct the electronic surveillance necessary to protect against terrorism and threats to our national security. This bill makes clear that no order is required for surveillance of foreign-to-foreign communications.

And in a significant step towards protecting civil liberties for American citizens, it provides that - except in emergencies - the executive branch may not begin surveillance unless the FISA Court has approved targeting and minimization procedures designed to protect Americans. In an emergency, surveillance can begin immediately and the procedures must be approved by the court within 30 days.

The bill also rejects the Bush Administration's request that Congress grant blanket retroactive immunity to telecommunications companies that assisted with the President's warrantless surveillance program.

Although the Bush Administration requested Members approve blanket immunity, the White House also chose not to fully brief Members on what information these companies provided, thus making a decision to render a decision on the merits of the request impossible.

Instead, the FISA Amendments Act provides these companies with a mechanism to present their defenses in secure proceedings in federal district court. The judges in those proceedings are required to protect "state secrets" and ensure that the integrity of any information is maintained.

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