I rise tonight to speak in strong support of H.R. 5825, the Electronic Surveillance Modernization Act, for four reasons: First, the act applies only to foreign agents operating in this country. It cannot be used to spy on ordinary Americans. It cannot be used in run-of-the-mill criminal prosecutions. It allows only short-term, let me repeat, short-term warrantless surveillance. Second, the act makes it easier to conduct surveillance on those foreign agents. Up to now, their communications within this country could not be monitored without FISA approval if it was likely that U.S. citizens were involved in those communications. Third, and most importantly, the Act makes it easier for us to respond to attack or to the threat of attack. Under current law, warrantless surveillance of foreign agents is permitted only after the U.S. has declared war. Waiting to monitor the activities of foreign terrorists until a formal declaration of war has been declared may be too late. Under H.R. 5825, we can begin such surveillance after an armed or terrorist attack has occurred or, even more significantly, when there is an imminent threat that is likely to cause death or widespread harm. Finally, the Act gives intelligence authorities the flexibility needed to respond to emergency situations.
Editor's note · Context
Supporting the Electronic Surveillance Modernization Act during a House floor debate.
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