WASHINGTON, D.C. – The House of Representatives passed the FISA Amendments Act (H.R. 3773) today following debate in a closed session yesterday evening. Representative Xavier Becerra (CA-31), Assistant to the Speaker of the House and the only congressional member from Southern California on the Ways and Means Committee, voted for the bill.
Following last night’s rare secret session of Congress, Rep. Becerra’s “Yes” vote was further solidified, as he learned nothing new that would merit a change in the way H.R. 3773 has been written and amended.
“We do not have to compromise our laws, values and constitution in order to protect our country,” Rep. Becerra said following the secret session. “This well-constructed FISA upgrade will give those charged with protecting America and Americans the tools they need to do their jobs thoroughly, competently and quickly.”
The House-passed bill requires the FISA court to approve procedures to ensure that Americans are not targeted and that their inadvertently intercepted communications are not disseminated. These procedures must be approved before surveillance begins. Exceptions are permitted in an emergency, in which case the government may begin surveillance immediately, and the procedures must be approved by the court within 30 days.
“The House FISA bill gives our intelligence agencies the modern surveillance tools they need while respecting the rule of law,” Rep. Becerra said. “It provides a fair opportunity for telecommunications companies to explain their past actions in a secure court setting, and ensures that the privacy of all American citizens will be protected in the future.”
A court order based on probable cause is required to conduct surveillance targeted at Americans, whether inside the United States or abroad, under the bill.
The legislation grants prospective liability protection for telecommunications companies that provide lawful assistance to the government, and in the case of a civil suit, provides a way for those companies to present their defense in secure district court proceedings.
The House bill strongly enhances oversight of the administration’s surveillance activities by establishing a bipartisan national commission on warrantless surveillance, and requiring an inspector general report on the president’s program.