Addressing the failure to detect key communications between al Qaeda operatives in the U.S. and abroad prior to the September 11, 2001 attacks, U.S. Rep. Dave Camp (R-Midland) voted with a majority of the House today to allow the collection of foreign intelligence in the U.S. through electronic surveillance.

The House legislation, if approved by the Senate, would amend the Foreign Intelligence Surveillance Act to allow the National Security Agency to conduct domestic surveillance without a warrant under extreme circumstances.  The President asked Congress to expressly approve the Terrorist Surveillance Program as a critical weapon in defeating the terrorists.

“This vote boils down to a clear choice: do we aggressively pursue the terrorist or do we tie the hands of our intelligence officers – like they were pre 9/11 – and simply hope we are not attacked again,” said Camp.  “History taught us that the failure to aggressively pursue the terrorists simply leads to additional attacks.  The failure to enact this legislation would have been a win for the terrorists.”

The Electronic Surveillance Modernization Act amends and modernizes the 1978 FISA law to cover new technologies such as cell phones and includes in the definition of an “agent of a foreign power” anyone who possesses or is reasonably expected to transmit or receive foreign intelligence information while in the United States.

The legislation authorizes the U.S. Attorney General to use electronic surveillance if an emergency exists, the requirements of a court order have been met, a FISA Court judge is informed of the surveillance, and, the AG applies for a court order within seven days – four more days than current law had allowed.

In the cases of an armed attack on the country, a terrorist attack or in the event of imminent threat to the U.S., the AG is authorized to conduct surveillance without a court order for up to 90 days.

In granting the new authority, Congress demanded greater oversight by requiring the President report to Congress and its relevant committees, including their low ranking members, and FISA Courts on the status of electronic surveillance being conducted within the U.S.

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