[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[House]
[Pages 7928-7929]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NSA DATABASE OF AMERICANS' PHONE CALLS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New Mexico (Mr. Udall) is recognized for 5 minutes.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to discuss the 
news reports released today that the National Security Agency has been 
collecting telephone data on tens of millions of Americans. With these 
news reports, we have discovered that the NSA, in conjunction with some 
of our country's largest telecommunications providers, now has a 
database with the phone records of millions of Americans.
  While the creation of this database does not involve the NSA 
listening to or recording our conversations, the agency now has 
detailed records of calls people have made to business associates, to 
maybe a family physician, to friends, to family. This program is a 
significant violation of the privacy of all Americans.
  Unfortunately, this is not the first time the administration has had 
the National Security Agency spy on Americans. We discovered just this 
past December that the President had authorized the NSA to spy 
domestically. While we still do not have much information on the 
domestic spying program, we know that hundreds, possibly thousands, of 
Americans had their telephone conversations and e-mails monitored.
  President Bush asserts that he authorized the NSA only to intercept 
the international communications of people with known links to al Qaeda 
and related terrorist organizations. Yet we find out months later that 
during the same period of time, the NSA has been creating the largest 
database ever assembled, with information from millions of people. We 
can hardly say that millions of people here in the United States whose 
privacy has been invaded have suspected ties to terrorism.
  The President did this yet again without seeking warrants. This 
administration has long sought to extend its power and authority at 
every available opportunity, and this is no exception. If the 
administration truly needed these phone records, they could have, at 
the very least, obtained warrants from the FISA court.
  The fourth amendment clearly states: ``The right of the people to be 
secure in their persons, houses, papers and effects against 
unreasonable searches and seizures, shall not be violated, and no 
warrant shall issue, but upon probable cause, supported by oath or 
affirmation.''
  I strongly believe that gathering information on millions of American 
citizens without first obtaining warrants or any judicial oversight 
clearly violates this core principle of our Constitution.
  I have to ask, where is the oversight? A program of this magnitude 
must be considered by Congress. While the President has stated that 
appropriate

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Members of Congress have been briefed on intelligence activities, this 
does not constitute oversight. Congress should hold hearings, question 
witnesses about the program, and consider its legality. Congress needs 
to step up and exercise its proper oversight responsibility, something 
it has failed to do for 5 years. At a minimum, the oversight committees 
must make a determination on the legality of this program.
  Mr. Speaker, I have no doubt that the administration will contend 
that questioning the existence of this database is undermining our 
Nation's security efforts. It is essential that the President must have 
the best possible intelligence to protect our Nation, and he must be 
able to gather this intelligence. However, this has to be done in 
accordance with our Constitution, the bedrock of our Nation.
  Despite what this administration would have us believe, securing our 
Nation from all enemies, both foreign and domestic, can be achieved 
without violations of our constitutional freedoms.

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