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WORKING TO CATCH TERRORISTS PLOTTING TO ATTACK THE UNITED STATES

Washington, D.C., Oct 6 -

As you know, several news
leaks over the past year revealed that the National Security Agency (NSA) had
been monitoring international communications of U.S. residents without a
warrant.  However, you should know that
this program does not allow the government to listen in on someone's
conversation with Aunt Tillie, or take notes on someone's Domino's Pizza
order.  Instead, it is specifically
targeted toward terrorist communications. 
Since the announcement of this program, legal scholars, judges, and
Members of Congress have vigorously debated the legality of warrantless
monitoring.  To resolve this debate,
Congresswoman Heather Wilson (R-NM) introduced H.R. 5825, the Electronic
Surveillance Modernization Act.  The bill
expands the President’s power to gather foreign intelligence within the U.S. without
approval from the Foreign Intelligence Surveillance Act (FISA) court.

Specifically, H.R. 5825 gives
the President explicit authority to use warrantless electronic surveillance for
a maximum of 90 days in three circumstances: a terrorist attack against the U.S., an armed attack against the U.S., or an
imminent threat likely to cause death or widespread harm.  In any of these circumstances, the President
must notify the House and Senate Intelligence Committees and the FISA court that
the surveillance is taking place. 
Additionally, the bill modernizes the 1978 FISA law to take into account
advances in technology, and gives the Chairman and Ranking Member of the
Intelligence Committee the authority to share information with other Committee
Members as they see fit.

Overall, the bill increases
transparency and accountability of this program, ensuring preservation of the
balance between stopping terrorists and preserving Americans’ civil
liberties.  However, it is important to
note that H.R. 5825 is not authorizing a new presidential power.  The authority to use warrantless wiretapping
predates the current Administration. 
President Clinton signed an executive order that authorized the Attorney
General to conduct physical searches for foreign intelligence purposes without
a court order, and President Carter signed an executive order that authorized
the Attorney General to use electronic surveillance to acquire foreign
intelligence information without a court order. 
The NSA program is not unprecedented, nor is it uncommon for Presidents
to protect Americans from foreign agents operating in this country.

If the President were to stop
monitoring communications of suspected terrorists, it would be a major threat
to our national security.  It would be
irresponsible to allow suspected terrorists to operate in this country without
attempting to thwart their operations. 
The safety and security of United States citizens prompted the
President to use this avenue.  Given that
our country has gone five years without another attack, I would like to
attribute some of that success to the NSA operation.  Those who attack the President for this
operation are reckless partisans and should know better.  They are putting political gain ahead of the
security of this nation.

To that end, I voted in favor
of H.R. 5825 on September 28, 2006.  To
become law, the Senate must now consider this bill.  I urge you to contact your Florida Senators,
Mel Martinez and Bill Nelson, to share your views on this matter.  You may find their contact information by
visiting www.senate.gov or www.vote-smart.org.