Electronic Surveillance Modernization Act

Floor Speech

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Mr. HOYER. Mr. Speaker, I thank the gentleman.

Mr. Speaker, every single Member of this body supports giving our Commander in Chief the tools necessary to track terrorists, to intercept their communications, and to disrupt their plots. Any suggestion otherwise, any suggestion that any Member of this body somehow seeks to coddle terrorists who want to attack our Nation and kill our people demeans our discourse and is beneath the dignity of this institution.

Make no mistake. Our highest duty is to protect the American people, secure our homeland, strengthen our national security, and defend the Constitution of the United States. This legislation, unfortunately, is deeply flawed and not bipartisan, and would turn the Foreign Intelligence Surveillance Act on its head. It fails to explicitly preserve FISA's exclusivity. Thus, by implication, it allows the President to conduct surveillance of Americans pursuant to any inherent authority argument.

The bill makes sweeping changes to the definition of electronic surveillance, allowing the National Security Agency to listen without warrant to the content of any communication that is from the United States to overseas or vice versa. The bill allows for warrantless surveillance after an armed attack or a terrorist attack or anticipation of an imminent attack; yet these terms are not defined or are loosely defined.

It is truly a shame, Mr. Speaker, but not surprising that the majority refused to allow the Members of this House to consider the reasonable bipartisan substitute offered by Congressmen SCHIFF, FLAKE, and INGLIS, two Republicans, two Democrats, and Congresswoman Harman.

The gentlewoman said that we ran out, running down the street. There is a time to stop running down the street and think and give us an opportunity to offer alternatives. What a shame that we have not done that. What a shame we still run. What a shame we still hark to politics rather than the policy.

For example, just listen to what William Sessions and William Webster--among others--stated recently.

Recall, Mr. Sessions is the former Director of the FBI during the administration of George H.W. Bush, and Mr. Webster is the former Director of the FBI during the Carter and Reagan Administrations and former Director of the CIA during the first Bush Administration.

They stated (and I quote): ``Legal uncertainty is exactly what will result if Congress heeds the President's call to enact legislation that replaces the obligation to use the procedures of the Foreign Intelligence Surveillance Act with broad language about relying upon the President's constitutional authority.''

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