109th Congress / House / 2nd session / Vote 502
- Question: On Passage
- Bill: H R 5825
- Vote description: Electronic Surveillance Modernization Act
- Vote type: Yea-and-Nay (Help)
- Result: Passed, 232-191, with 9 not voting.
- Date/time: September 28, 2006, 10:19 p.m.
- Republican majority opinion: Yes (Help)
- Democrat majority opinion: No (Help)
Key Vote Analysis
This bill would endorse President Bush’s ongoing warrantless electronic surveillance of suspected terrorist communications and allow, but not require, the administration to submit the program to a secret national security court for review.
According to The Washington Post, the president has always argued he has the power as Commander in Chief, under the Constitution, to run the warrantless wiretapping program but sought to work out a deal whereby Congress would vote to endorse it. Some members of Congress and civil libertarians argue that the president's actions with regard to warrantless wiretapping have been illegal and unconstitutional -- and argue Congress should not to vote to support him.
In August 2006 a federal district court agreed with the administration's opponents, ruling that warrantless wiretapping is illegal. The Bush administration filed an appeal in October, and a separate federal court said the wiretapping could continue pending the appeal.
Current law requires a court order to intercept calls or e-mails into or out of the United States, but the Bush administration argues that the president's constitutional authority supercedes it. This bill would loosen the current restrictions in federal law and only require a warrant if the communication occurred within the United States, or if a person in the United States was intentionally targeted. The new restraints on the program could be suspended, though, if there is a terrorist attack or if the president determines that the country is under "imminent threat." The bill’s language would alter the 1978 Foreign Intelligence Surveillance Act, which makes it a crime to conduct domestic surveillance without a criminal or intelligence warrant.
Supporters of the bill argue that it is vital to national security, while opponents contend it’s unconstitutional and will lead to violations of citizens' rights.
On Sept. 28 the House approved the measure 232 to 191. Eighteen Democrats voted for the bill; 13 Republicans voted against it. The Senate was unable to reach agreement on a wiretapping bill before the fall 2006 recess.
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