However, I am disappointed that the House did not pass a very important amendment offered by Congressman Schiff to block funding for any surveillance program that does not comply with the safeguards in the Foreign Intelligence Surveillance Act.  I have been deeply disturbed by the President’s decision to expand domestic surveillance of U.S. citizens beyond what is permitted under existing law.  As a member of the House Armed Services and Homeland Security Committees, I am fully aware of the dangers posed by those who wish to harm Americans, and I have strongly supported efforts to make our nation safer.  However, President Bush has not yet explained to my satisfaction why powers available to him under existing law cannot meet the needs of the war on terrorism.  For example, the Foreign Intelligence Service Act (FISA) already permits the warrantless surveillance of communications by U.S. citizens under certain limited circumstances.  Nevertheless, the Bush Administration did not use those emergency powers and instead chose to expand the authority of the National Security Agency (NSA).

As I have said before, if President Bush believes that FISA needs to be altered or updated to address new threats, he should make his case to Congress and propose legislative changes.  The President’s decision to expand domestic surveillance while notifying only a handful of legislators does not constitute Congressional consent and is a danger to our established Constitutional system of checks and balances.  While Americans may disagree about the merits of broadening the government's authority to combat terrorism, it is in all of our interests that such important decisions should be made publicly, as they affect the very values of freedom and liberty on which the nation was founded.

Opponents of the Schiff amendment argued that we shouldn’t be considering such a significant change in a spending bill.  Under normal circumstances, I would agree with that assessment.  However, because the House has neglected to consider any legislation to address the serious issue of domestic surveillance, we are left with no other choice. 

We cannot continue to shirk our Constitutional responsibility to conduct oversight of the executive branch and its activities.  We must hold hearings and consider legislation to ensure that our efforts to protect our nation are done consistent with the civil liberties that we hold dear and comply with the Constitution – the supreme law of the land. 

Thank you, Mr. Speaker.