Metavid

Video archive of the US Congress

Senate Proceeding on Dec 17th, 2007 :: 0:10:24 to 0:32:18
Total video length: 9 hours 37 minutes Stream Tools: Stream Overview | Edit Time

Note: MetaVid video transcripts may contain inaccuracies, help us build a more perfect archive

Download OptionsEmbed Video

Views:170 Duration: 0:21:54 Discussion

Previous speech: Next speech:

Jack Reed

0:10:05 to 0:10:24( Edit History Discussion )

Jack Reed: of the order as you read it. the presiding officer: under the previous order, the senator has been allocated 20 minutes. mr. rockefeller: thank you. today the senate begins debate on s. 2248, the fisa amendment

John Rockefeller

0:10:24 to 0:10:46( Edit History Discussion )

John Rockefeller: act of 2007. i'm confident in saying without any risk of exaggeration, that fisa modernization is one of the most important issues to be decide bid this congress. it calls on us to get two matters entirely

John Rockefeller

0:10:24 to 0:32:18( Edit History Discussion )
Speech By: John Rockefeller

John Rockefeller

0:10:46 to 0:11:02( Edit History Discussion )

John Rockefeller: right, the protection of our national security and the privacy of our citizens. the bill was reported on a strong bipartisan vote of 23-2. i'm equally proud of the process by which we achieved that

John Rockefeller

0:11:02 to 0:11:16( Edit History Discussion )

John Rockefeller: result. the distinguished vice chairman of the committee, senator christopher bond, and i, provided simple guidance for all who worked thon bill. first, work -- on this bill. first, work together. reach

John Rockefeller

0:11:16 to 0:11:31( Edit History Discussion )

John Rockefeller: out. second, reach out to the intelligence community and the department of justice for their expertise. third, keep in mind that at all times the fundamental principles of protecting the security and

John Rockefeller

0:11:31 to 0:11:43( Edit History Discussion )

John Rockefeller: privacy of all persons and remain united to produce a bill that will meet the test of congress and will be signed into law by the president. i'mlso grateful to all members of our committee for their

John Rockefeller

0:11:43 to 0:11:55( Edit History Discussion )

John Rockefeller: contributions. as the senate can see from my report, we debated and voted on highly important issues, we sought to lay out for the tire senate and the -- entire senate and the american public, the

John Rockefeller

0:11:55 to 0:12:11( Edit History Discussion )

John Rockefeller: description of the bill, the reasons for it, and the additional views, further improvements that members might seek. our report is on each member's desk. i would say for the sake it was, it's

John Rockefeller

0:12:11 to 0:12:26( Edit History Discussion )

John Rockefeller: also on our committee's website, the website of the library of the congress. i urge every member to read it, including the section by section explanation of the bill. of course, some sense of intelligence

John Rockefeller

0:12:26 to 0:12:39( Edit History Discussion )

John Rockefeller: matters cannot be described in a report. this makes it swhaf an awkward proceed -- somewhat of an awkward procedure. if anyone has a question, please let us know, and we will do our best to answer

John Rockefeller

0:12:39 to 0:12:54( Edit History Discussion )

John Rockefeller: your question in a classified setting. i'm also pleased that we will share the management of debate with senator leahy and senator specter, the distinguished chairman and ranking member of the judiciary

John Rockefeller

0:12:54 to 0:13:07( Edit History Discussion )

John Rockefeller: committee. from the beginning of the foreign intelligence surveillance act in 1976, it has been a point responsibility of the intelligence committee and the judiciary committee. it is, afterall, a statute

John Rockefeller

0:13:07 to 0:13:20( Edit History Discussion )

John Rockefeller: that includes intelligence collection and judicial proceedings. the judiciary committee considered the intelligence committee bill on sequential referral and as reported a proposed amendment to our

John Rockefeller

0:13:20 to 0:13:33( Edit History Discussion )

John Rockefeller: bill. in accordance with senate rules, the senate before it has only one bill, that is the intelligence committee bill 2248. the bill -- and the legislative recommendations proposed by the judiciary

John Rockefeller

0:13:33 to 0:13:49( Edit History Discussion )

John Rockefeller: committee will be the first pending amendment. i might say, mr. president, that some of the suggestions that the judiciary committee made, i think, improve the quality of our product. i want to commend

John Rockefeller

0:13:49 to 0:14:03( Edit History Discussion )

John Rockefeller: the majority leader reid to bring the fisa bill before the senate underhe regular order. while some advocated the bringing before the committee -- the senate a hybrid bill, which combined parts

John Rockefeller

0:14:03 to 0:14:19( Edit History Discussion )

John Rockefeller: of both committees, their work into one bill, the majority leader recognized following regular order would not only allow for consideration of important amendments, but ultimately produce an even stronger

John Rockefeller

0:14:19 to 0:14:34( Edit History Discussion )

John Rockefeller: bipartisan bill. the products of the intelligence and judiciary committees have a lot in common. both fix a number of deficiencies in the flawed protect america act, hastily passed in august, as

John Rockefeller

0:14:34 to 0:14:56( Edit History Discussion )

John Rockefeller: we all remember. both strengthen our national security while protecting american civil liberties and privacy rights through enhanced and mandatory court review and approval of surveillance activities.

John Rockefeller

0:14:56 to 0:15:09( Edit History Discussion )

John Rockefeller: and both would greatly improve oversight and aaccountabley and ensure the wired tapped policies of the push administration are ank of the past. there is a sunset provision. it has the ex clue civility

John Rockefeller

0:15:09 to 0:15:25( Edit History Discussion )

John Rockefeller: of fisa, all concepts to be explained and each establishes court approval of surveillance of americans overseas.~ perhaps the most important of all the amendments. but there are differences in how

John Rockefeller

0:15:25 to 0:15:36( Edit History Discussion )

John Rockefeller: each committee went about effect effecting these important protections. over the past month, we have worked very closely, our staffs, together to determine how best to reconcile the work of the two committees,

John Rockefeller

0:15:36 to 0:15:48( Edit History Discussion )

John Rockefeller: bipartisan, straightforward process. and i believe we have been able to work out a number of important amendments that take elements of the judiciary committee work and add them to the underlying intelligence

John Rockefeller

0:15:48 to 0:16:01( Edit History Discussion )

John Rockefeller: committee bill. there are some elements of the judiciary committee substitute amendment, however, that i do not support, but in all instance instances i deeply appreciate the work of senator leahy

John Rockefeller

0:16:01 to 0:16:14( Edit History Discussion )

John Rockefeller: and our colleagues on the judiciary committee. i want to commend in particular the extraordinary contributions during the process ofhis four senators serving on both committees -- senators feinstein

John Rockefeller

0:16:14 to 0:16:27( Edit History Discussion )

John Rockefeller: feinstein, hatch, senator feingold, senator whitehouse. they have worked tirelessly in their dual-committee assignments to make this legislation as sound as balanced as possible. before i go into a

John Rockefeller

0:16:27 to 0:16:43( Edit History Discussion )

John Rockefeller: details of the legislation and expect a expected debate over the next few day, i want to remind my colleagues of the history of this debate and why fisa modernize something so important. the need to

John Rockefeller

0:16:43 to 0:16:56( Edit History Discussion )

John Rockefeller: modernize fisa is explained by loong at the converge convergence of threement three elements in recent years. one is the rapid change of the world's communications communications systems. with new

John Rockefeller

0:16:56 to 0:17:07( Edit History Discussion )

John Rockefeller: challenges and opportunities for signals intelligence arising from the fact that much of the foreign intelligence information now passes through or is stored in american electronics space. the second change

John Rockefeller

0:17:07 to 0:17:20( Edit History Discussion )

John Rockefeller: is the significant increase in the number of intelligence targets outside of the united states, particularly as a result of international terrorism but also from weapons of mass destruction destruction,

John Rockefeller

0:17:20 to 0:17:34( Edit History Discussion )

John Rockefeller: proliferation, and other foreign threats. the final key judgment is that the 30-year-old fisa law has required a large number of individual applications to the fisa court for the surveillance of

John Rockefeller

0:17:34 to 0:17:47( Edit History Discussion )

John Rockefeller: foreign persons outside of the united states, which was never intended -- which was never intended under the original legislation and does not involve the privacy of americans. so the question before our

John Rockefeller

0:17:47 to 0:17:59( Edit History Discussion )

John Rockefeller: committee was not whether to modernize fisa but how to modern modernize fisa. we began this effort in march of this year when the vice-chairman -- that is, senator bond -- and i notified the attorney general

John Rockefeller

0:17:59 to 0:18:12( Edit History Discussion )

John Rockefeller: of our intention to address fisa modernization. we also advised the attorney general that we would focus on whether legislation should be enacted to address the legal consequences of the president's

John Rockefeller

0:18:12 to 0:18:24( Edit History Discussion )

John Rockefeller: warrantless surveillance program program; namely, the many lawsuits resulting from the president's decision to act outside of the statutory requirements of fisa. in response, the director of national intelligence

John Rockefeller

0:18:24 to 0:18:39( Edit History Discussion )

John Rockefeller: submitted a legislative proposal in april which the intelligence committee began to consider at a public hearing in may. these efforts to address fisa, however, were stalled for several months because

John Rockefeller

0:18:39 to 0:18:51( Edit History Discussion )

John Rockefeller: of the disagreements with the administration over access to key documents relate ed to the president's warrantless surveillance program. yet giving the pressing need to fix fisa and allow for

John Rockefeller

0:18:51 to 0:19:07( Edit History Discussion )

John Rockefeller: timely collection, we made a concerted effort over the summer to produce a bill that both the congress and the administration could support. unfortunately, it didn't work. the result of that effort

John Rockefeller

0:19:07 to 0:19:21( Edit History Discussion )

John Rockefeller: ended in the hastily passed and significantly flawed patriot -- protect america act which a allowed for timely collection, yes, but did not include signifies is a court safeguards. in order to

John Rockefeller

0:19:21 to 0:19:39( Edit History Discussion )

John Rockefeller: fix the protect america act and protect the privacy of americans while strengthening the timely collection of intelligence, our intelligence committee spent several months this fall working on a new bill.

John Rockefeller

0:19:39 to 0:19:53( Edit History Discussion )

John Rockefeller: the bill before us today, which accomplishes four principal re reforms, mr. president. first, the special procedures provided by this bill apply only to persons outside thenited states. if somebody is in

John Rockefeller

0:19:53 to 0:20:08( Edit History Discussion )

John Rockefeller: the united states -- an american is in the united states, all the tradition traditional provisions and protections of fisa continue to apply. everyone agrees that this should be the case. e distinction

John Rockefeller

0:20:08 to 0:20:22( Edit History Discussion )

John Rockefeller: of whether the target of surveillance is foreign or domestic makes it imperative that there is an adequate basis for determine ing whether somebody is reasonably believed to be outside of the united

John Rockefeller

0:20:22 to 0:20:40( Edit History Discussion )

John Rockefeller: states. an important safeguard for americans in the bill is the requirement for court-approved targeting procedures that are reasonably designed to accurate accurately make the determination whether somebody

John Rockefeller

0:20:40 to 0:20:57( Edit History Discussion )

John Rockefeller: is outside the united states. the protect america act had included that requirement, and our bill does the same. but the protect america act had limited authority on the -- of the fisa court to review

John Rockefeller

0:20:57 to 0:21:10( Edit History Discussion )

John Rockefeller: the reasonableness of those procedures by imposing a clearly erroneous standard on that re review. our bill strikes that limitation limitation. second, our bill recognizes that minute ization procedures have

John Rockefeller

0:21:10 to 0:21:25( Edit History Discussion )

John Rockefeller: been an -- minimummization procedures have been an essential part of sighs ifies coo from the beginning -- of fisa from the start and will continue to play a role role. these will be explained.

John Rockefeller

0:21:25 to 0:21:40( Edit History Discussion )

John Rockefeller: these are to ensure, among other things, that if americans are overheard in conversations of a foreign target or that there is discussion about americans, that the identity of those americans only be revealed

John Rockefeller

0:21:40 to 0:21:58( Edit History Discussion )

John Rockefeller: within the u.s. government if there is good foreign intelligence purpose for so doing. the protect america act had provided the attorney general approved minimummization procedures but did not provide

John Rockefeller

0:21:58 to 0:22:11( Edit History Discussion )

John Rockefeller: for court review of them. our bill corrects that deficiency. the fisa court will now have the responsibility to ensure that the procedures comply with the law. thirdly, our bill provides protection for the

John Rockefeller

0:22:11 to 0:22:27( Edit History Discussion )

John Rockefeller: united states citizens who are outside the united states. under the protect america act, if the united states citizen set sets foot outside the united states, he or she would be treat treated the

John Rockefeller

0:22:27 to 0:22:39( Edit History Discussion )

John Rockefeller: same as any foreign foreigner outside the united states. the intelligence committee rejects the proposition that americans lose right, any kind of rights because they travel or work elsewhere in the world.

John Rockefeller

0:22:39 to 0:22:55( Edit History Discussion )

John Rockefeller: an essential part of the rights of an american is the determination by a judge whether or not there is probable cause to believe that an american outside the united states is a lawful subject of surveillance

John Rockefeller

0:22:55 to 0:23:08( Edit History Discussion )

John Rockefeller: by our own government. this is a concept that both committees, democrats and republicans alike, agreed to. director of intelligence -- national intelligence mike mcdone l endorsed this change in the law as well,

John Rockefeller

0:23:08 to 0:23:21( Edit History Discussion )

John Rockefeller: in testimony before the intelligence committee. there are, however, some differences in how to accomplish this. after considerable negotiations, i believe that we have reached an agreement on on an bipartisan

John Rockefeller

0:23:21 to 0:23:36( Edit History Discussion )

John Rockefeller: amendment which would reconcile the approaches of the two committees and resolve the concerns of the administration over unintended consequences of the language reported out by both committees. it is my hope that

John Rockefeller

0:23:36 to 0:23:53( Edit History Discussion )

John Rockefeller: given the centrality of this reform to the work of both committees that this bipartisan amendment is the first one before the senate once cloture is invoke ed, if it is invoke ed, and we are therefore

John Rockefeller

0:23:53 to 0:24:08( Edit History Discussion )

John Rockefeller: then on the bill. the fourth principle, mr. president, accomplishment of the intelligence committee bill is that it considerably enhances oversight of these protections by each branch of government. this

John Rockefeller

0:24:08 to 0:24:21( Edit History Discussion )

John Rockefeller: is achieved through a series of annual reports to congress on the authorized collection, including instances of noncompliance, inspector general reviews by the justice department and the intelligence community

John Rockefeller

0:24:21 to 0:24:36( Edit History Discussion )

John Rockefeller: and the fisa court re review and approval of aqui acquisition and minimummization procedures. as we begin debate on these and other important issues, one of the concepts that the senate will hear

John Rockefeller

0:24:36 to 0:24:50( Edit History Discussion )

John Rockefeller: a lot about is schuflt. schuflt addresses the question of whether fisa and the laws that slice italy govern the domestic interception of communications for law enforcement powrps are the exclusive means

John Rockefeller

0:24:50 to 0:25:06( Edit History Discussion )

John Rockefeller: by which the president may authorize the surveillance of americans. the president claims that he has the authority as commander in chief to approve surveillance even when he has no statutory authority

John Rockefeller

0:25:06 to 0:25:21( Edit History Discussion )

John Rockefeller: to do so. no act of congress can by itself finally resolve that debate by presidential and congressional authority. but what congress can make clear is which statutes authorize electronic surveillance.

John Rockefeller

0:25:21 to 0:25:38( Edit History Discussion )

John Rockefeller: the significance of this in connection with our recent national experience is that the department of justice has claimed the authorization to use military force passed in re response to 9/11 somehow authorized

John Rockefeller

0:25:38 to 0:25:50( Edit History Discussion )

John Rockefeller: the president to disregard fisa. not only is this proposition dubious, at best, in my opinion, it's also dangerous. in fact, the next time that congress is asked to act quickly in response to an attack,

John Rockefeller

0:25:50 to 0:26:04( Edit History Discussion )

John Rockefeller: should there be one, it may pause and take time to consider whether its authorization to use force will have completely unintended consequences consequences, such as authorize authorizing the president's un unlimited

John Rockefeller

0:26:04 to 0:26:17( Edit History Discussion )

John Rockefeller: power to violate acts of congress. to make sure that authorizations of the use of military force do not again become an excuse to wipe away acts of congress, both the intelligence and judiciary committees

John Rockefeller

0:26:17 to 0:26:33( Edit History Discussion )

John Rockefeller: sought to make even clearer than before which statutes constitute the exclusive means for conducting electronic surveys surveillance. i believe that we've been able to work out language on an amendment

John Rockefeller

0:26:33 to 0:26:46( Edit History Discussion )

John Rockefeller: that will reconcile the differences in these two bills. the intelligence committee also establishes a six-year sunset for the new authority before -- that it provides. a sunset is essential because we owe

John Rockefeller

0:26:46 to 0:26:59( Edit History Discussion )

John Rockefeller: it to the american people to make sure that we've gotten both parts of the system right -- effective intelligence collection and the protection of ofcy of americans -- before settling on what should

John Rockefeller

0:26:59 to 0:27:14( Edit History Discussion )

John Rockefeller: become permanent law. the judiciary committee amendment proposes a four-year sunset. the house fisa bill provides for a two-year sunset. the administration opposes any sunset. i will join with

John Rockefeller

0:27:14 to 0:27:28( Edit History Discussion )

John Rockefeller: chairman leahy in support of an amendment to in incorporate the judiciary committee four-year sunset. into the underlying bill. four years will ensure that a decision on permanency is made during

John Rockefeller

0:27:28 to 0:27:42( Edit History Discussion )

John Rockefeller: the next presidential term, not the one succeeding it. finally, title 2 of the committee's bipartisan bill addresses the question of protection for telecommunication companies who assisted the government

John Rockefeller

0:27:42 to 0:27:56( Edit History Discussion )

John Rockefeller: during the course of the president's wireless surveillance program. the intelligence committee carefully reviewed this matter of retroliability protection for companies prior to reporting out its bill. we received

John Rockefeller

0:27:56 to 0:28:07( Edit History Discussion )

John Rockefeller: and reviewed the letters sent by the administration to the companies. these letters state ed that the assistance of the companies was required -- quote -- that the question request was based on order

John Rockefeller

0:28:07 to 0:28:19( Edit History Discussion )

John Rockefeller: of the president and that the attorney had certified the form and legality of the order. in the course of our investigation, the committee heard from the companies themselves as well as administration officials

John Rockefeller

0:28:19 to 0:28:36( Edit History Discussion )

John Rockefeller: and many others and determined that the companies were not provided with any of the justice department's legal opinions underlying the attorney general general's certifications that they received ordering

John Rockefeller

0:28:36 to 0:29:00( Edit History Discussion )

John Rockefeller: them to do something which has come to put them at risk. in the end, a bipartisan consensus of the intelligence committee supported a narrowly drawn retroactive immunity provision. i want to phrase

John Rockefeller

0:29:00 to 0:29:17( Edit History Discussion )

John Rockefeller: and to stress narrowly drawn because what the committee approved was not -- i repeat, was not the broad and open-ended immunity sought by the administration. the committee immunity provision applies

John Rockefeller

0:29:17 to 0:29:35( Edit History Discussion )

John Rockefeller: only to companies who may have participate ed in the warrantless surveillance program from a specific period of time, from 9/11 until it was place ed under fisa court authorization in january of 2007.

John Rockefeller

0:29:35 to 0:29:57( Edit History Discussion )

John Rockefeller: norg nothing in the bill provides immunity for government officials for their actions. that is in the current law. it's not in the law that we proposed. nor to companies outside the specified time frame.

John Rockefeller

0:29:57 to 0:30:07( Edit History Discussion )

John Rockefeller: the 12 members of our committee who supported the provision did so for different reasons. some senators believe that the president acted with his constitutional responsibility and authority in establishing

John Rockefeller

0:30:07 to 0:30:17( Edit History Discussion )

John Rockefeller: the surveillance program. other senators, including me, believe that the president trample ed on our constitution and our laws and unilaterally create created a warrantless surveillance program in

John Rockefeller

0:30:17 to 0:30:28( Edit History Discussion )

John Rockefeller: 2001 and continuing is it it for years without seeking statutory authority to support it.~ but no matter wt may be the views about the president's adherence to the law, our collective judgment on

John Rockefeller

0:30:28 to 0:30:39( Edit History Discussion )

John Rockefeller: the intelligence committee is that the burden of the tee bait about the president's -- debate about the president's authority should not fall on telecommunication company, but they responded to the

John Rockefeller

0:30:39 to 0:30:50( Edit History Discussion )

John Rockefeller: representations by government officials at the highest levels that the program had been authorized and determined to be lawful. and received requests, compulsions to carry it out. the companies participated

John Rockefeller

0:30:50 to 0:31:10( Edit History Discussion )

John Rockefeller: at a great risk of exposure and financial ruin for one reason and one reason only in order to help identify terrorists and prevent follow-on terrorist attacks, they should not be penalized for their

John Rockefeller

0:31:10 to 0:31:29( Edit History Discussion )

John Rockefeller: willingness to heed the call during the time of a national emergency. i have one page remaining and ask for an ticial 30 seconds. the presiding officer: -- an additional 30 seconds. the presiding officer:

John Rockefeller

0:31:29 to 0:31:45( Edit History Discussion )

John Rockefeller: without objection. mr. rockefeller: i urge my alcohol leasing to vote on the cloture to proceed. to ultimately pass a fisa reform bill before adjournment. every one of us in the senate and in congress

John Rockefeller

0:31:45 to 0:32:03( Edit History Discussion )

John Rockefeller: has a responsibly to correct the flaws in the protect america act and put our cells on firmer footing to safeguard the constitutional rights of the americans. i thank the officer and i yield the floor.

John Rockefeller

0:32:03 to 0:32:18( Edit History Discussion )

John Rockefeller: a senator: mr. president? the presiding officer: the senator from missouri. mr. bond: how much time is remaining on this inside. the presiding officer: 46 minutes. mr. bond 46? -- mr. bond: 46? thank

Christopher S. Bond

0:32:18 to 0:32:31( Edit History Discussion )

Christopher S. Bond: you. would like to thank senator reid and senator mcconnell for bringing this important bill to the floor. it's critical that we discuss it, debate it, vote on it and pass it. and i express great

Christopher S. Bond

0:32:18 to 0:49:30( Edit History Discussion )
Speech By: Christopher S. Bond

Personal tools

MetaVid is a non-profit project of UC Santa Cruz and the Sunlight Foundation. Learn more About MetaVid

The C-SPAN logo and other servicemarks that may be found in video content are the property of their respective trademark holders. None of these trademark holders are affiliated with Metavid