My Thoughts on the Amash Amendment

Statement

Like many Americans, I have serious concerns about the activities of the National Security Agency (NSA). Intelligence agencies are bound by federal law and must remain accountable for their actions. It is the responsibility of Congress to provide full oversight and determine whether the implementation of NSA's surveillance program is within the confines of the law. While that process is ongoing, I wanted to share my thoughts with you on this subject.

Every day, courageous Americans all over the world are working hard under very dangerous circumstances to keep our nation safe from attack. How we balance our need to provide our defense community with critical intelligence that will save American lives while protecting the privacy of law abiding citizens sometimes raises very difficult questions.

One such issue was raised this week. The Amash amendment to the defense appropriations bill would have blocked the collection of "metadata," such as the telephone numbers and duration of phone calls, that may be currently collected under Section 215 of the Patriot Act. This practice, which does not involve the content of telephone calls, has been instrumental in thwarting at least 54 terrorist plots against the United States. The Amash amendment would have significantly curtailed the ongoing intelligence activities.

We must ensure any intelligence gathering activities respect the constitutional rights of American citizens. We are studying this issue very closely, and I have personally participated in numerous classified briefings on the matter. I believe there are many important questions to ask going forward. As we do, I think there is a better, more thoughtful way to determine our national defense and intelligence policy than by slipping in an amendment to a defense appropriations bill with very limited debate.

Many conservative leaders, including experts at the Heritage Foundation, share the view that there is a better way to evaluate the merits of the NSA activities. As Heritage's Paul Rosenweig put it:

"A proposed amendment to the pending Department of Defense appropriations bill being offered by Representative Justin Amash (R--MI) takes the wrong approach to an important question.

"Coming on the heels of the recent National Security Agency (NSA) scandal, the amendment would limit the federal government's intelligence-gathering capabilities. At its core, the proposed amendment is probably unwise and possibly unconstitutional....

"In the end, Congress is right to be interested in the NSA program. The disclosures, for good or ill, have brought to light a practice that many Americans view with concern but that other Americans will see as essential programs in defense of the nation. Before Congress rushes headlong to prohibition through legislation, more thought is needed."

Though I do not serve on the House Intelligence Committee, I certainly listen to the informed opinions of my colleagues who do when it comes to intelligence issues. Many of those colleagues, including Rep. Michele Bachman (R-MN), strongly opposed the Amash amendment. Rep. Bachman offered her thoughts about the Amash amendment on the House floor.

There will be more opportunities to discuss the merits and legality of the NSA, and I will welcome that debate.

I was elected to make tough decisions. To be clear, I consider the serious consequences of each and every vote I take, and I welcome the opportunity to hear from you as we continue to work through this difficult issue.

-Martha

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