Lawmakers are set to make significant changes to a bill that could challenge the US surveillance state. The bill in question is the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA), a controversial spying power that has sparked intense debates in Congress. House Speaker Mike Johnson is expected to bring Rep. Laurel Leeâs âReforming Intelligence and Securing Americaâ Act for a vote this week.
While the initial bill aimed to reauthorize Section 702 with minimal reforms, proposed amendments could drastically expand the scope of the reforms, serving as a strong rebuke to surveillance practices of the past two decades. The bill will be marked up in the House Rules Committee before a final vote on the House floor.
Ms. Leeâs bill seeks to reform Section 702 to ensure more accuracy and completeness in applications targeting US persons. It also introduces stricter penalties for illegal queries and enhances congressional oversight of the program. Despite these efforts, privacy advocates argue that the bill falls short of addressing the rampant abuses reported over the years.
One key point of contention among lawmakers is whether a warrant should be required to query Americansâ data under FISA. Some argue that a warrant requirement would be burdensome and pose national security risks, while others believe it is necessary to protect Americans’ constitutional rights. A bipartisan quartet of lawmakers is pushing for an amendment that would mandate a warrant for most queries involving US citizens’ communications.
Rebuking the Surveillance State
During the hearing on the bill today, members of the Rules Committee will vote on various amendments aimed at strengthening privacy within FISA and other surveillance rules. These proposals must garner majority support in the Rules Committee to advance to the House floor for a final vote. If included in the legislation, these amendments could serve as a significant rebuke of the surveillance state by Congress.
Several of the proposed amendments focus on further reforms to the FISA process as a whole. For instance, a proposal put forth by Rep. John Rose (R-Tenn.) would mandate that individuals authorized to handle classified data witness FISA queries throughout the process. Another amendment by Mr. Rose seeks to reduce the extension period from five years to two years. Additionally, Mr. Rose submitted an amendment granting members of Congress the right to attend hearings within the secretive Foreign Intelligence Surveillance Court (FISC), which oversees FISA requests.
Another amendment, sponsored by Rep. Jerry Carl (R-Ala.), would compel the FBI to provide a list of names of all U.S. persons queried to both the House and Senate Intelligence Committees. A related amendment by Rep. Chip Roy (R-Texas) would necessitate reporting the numbers of these queries and allow members of Congress to observe FISC proceedings.
An amendment proposed by Mr. Cline, Mr. Biggs, Rep. Sheila Jackson-Lee (D-Texas), and Rep. Darrell Issa (R-Calif.) aims to prevent the intelligence community from collecting “abouts” information, a practice that could involve targeting individuals mentioned by a target of Section 702 queries.
Other amendments aim to prevent Section 702 from being misused for political purposes. For example, Rep. Andy Ogles (R-Tenn.) submitted amendments requiring the FBI to notify the Gang of Eight when querying a sitting member of Congress and when waiving the requirement for that member’s consent. Another amendment, in reference to the Crossfire Hurricane probe, would mandate the deputy director of the FBI to approve any query targeting a political or policy adviser to an official or candidate.
Further proposals focus on broader intelligence community practices. Rep. Zoe Lofgren (D-Calif.) proposed an amendment to restrict warrantless surveillance of American citizens under Executive Order 12333 and mandate reporting for violations. Additionally, a bipartisan amendment would prohibit law enforcement from purchasing communications and location data of U.S. citizens from third-party sources, following revelations of the FBI acquiring such information from certain companies.
The final outcome of the House package remains uncertain, with members of Congress divided on the issue. The bill’s passage is contingent on the votes within the Rules Committee and, if successful, the House as a whole. Challenges are expected in the Senate, where senators like Josh Hawley, Dick Durbin, and Ron Wyden have been vocal critics of Section 702 abuse.
President Joe Biden will need to sign any bill passed by Congress, despite his previous opposition to Section 702. The path forward for the legislation will involve navigating the contrasting views of national defense priorities and civil liberties, both within Congress and the Senate. Please rephrase this statement.
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