OPIOID SERIES:

Senators push bill to declassify secret FISA surveillance rulings

Eight senators introduced legislation on Tuesday that would require the attorney general to declassify significant opinions made by courts operating under the secretive Foreign Intelligence Surveillance Act (FISA). [WATCH VIDEO]

If the bipartisan bill were adopted, the government would be required to reveal the kinds of National Security Agency surveillance activities that came to light last week.

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“Americans deserve to know how much information about their private communications the government believes it’s allowed to take under the law,” said Sen. Jeff MerkleyJeffrey (Jeff) Alan Merkley32 male senators back Senate women's calls to change harassment rules Duckworth brings her baby to Senate vote, drawing a crowd Overnight Health Care: GOP pushes stiff work requirements for food stamps | Johnny Isakson opens up about family's tragic loss to opioids | Republicans refuse to back vulnerable Dem's opioids bill | Dems offer new public option plan MORE (D-Ore.), who is spearheading the effort with Sen. Ron WydenRonald (Ron) Lee WydenOvernight Cybersecurity: Senators want info on 'stingray' surveillance in DC | Bills to secure energy infrastructure advance | GOP lawmaker offers cyber deterrence bill Overnight Tech: Alleged robocall kingpin testifies before Congress | What lawmakers learned | Push for new robocall rules | Facebook changes privacy settings ahead of new data law | Time Warner CEO defends AT&T merger at trial Dems give muted praise to Pompeo-Kim meeting MORE (D-Ore.).

The legislation has a powerful backer in Senate Judiciary Committee Chairman Patrick LeahyPatrick Joseph LeahyCongress should build on the momentum from spending bill Overnight Tech: Zuckerberg grilled by lawmakers over data scandal | What we learned from marathon hearing | Facebook hit with class action lawsuit | Twitter endorses political ad disclosure bill | Uber buys bike share Overnight Cybersecurity: Zuckerberg faces grilling in marathon hearing | What we learned from Facebook chief | Dems press Ryan to help get Russia hacking records | Top Trump security adviser resigning MORE (D-Vt.), and Sens. Dean HellerDean Arthur HellerSenate GOP wary of new tax cut sequel GOP Senate hopefuls race to catch up with Dems Family, friends mourn death of Barbara Bush MORE (R-Nev.), Mark BegichMark Peter BegichPerez creates advisory team for DNC transition The future of the Arctic 2016’s battle for the Senate: A shifting map MORE (D-Alaska), Al FrankenAlan (Al) Stuart FrankenWhy Smokin' Joe leads the pack of 2020 Democratic hopefuls Pawlenty to announce bid for Minnesota governor Al Franken: Sessions firing McCabe ‘is hypocrisy at its worst’ MORE (D-Minn.), Jon TesterJonathan (Jon) TesterThe Hill's Morning Report: 200 Days to the Election Koch network targets Tester with new six-figure ad buy Senators grill alleged robocall kingpin MORE (D-Mont.) and Mike LeeMichael (Mike) Shumway LeeSenate confirms Trump’s pick to lead NASA Key senators warn Trump of North Korea effort on Syria Rep. Jordan: Action in Syria ‘should be debated in Congress’ MORE (R-Utah) have also signed on as co-sponsors.

The pairing of prominent liberals such as Franken and Leahy with Lee, a Tea Party favorite, highlights how worries about the NSA programs have blurred partisan lines.

Sen. Kelly AyotteKelly Ann AyotteAudit finds US Defense Department wasted hundreds of millions of taxpayer dollars US sends A-10 squadron to Afghanistan for first time in three years No, the US did not spend million on a gas station in Afghanistan MORE (R-N.H.) expressed support for the FISA measure, as long as it did not endanger current or future intelligence operations.

“I think broader engagement with [lawmakers] and congressional oversight” is necessary, Ayotte said.

“I would support that, [but] only if we are not tipping off the bad guys,” Ayotte added. “That is the balance here.”

The FISA court is the main legal body responsible for authorizing intelligence operations against U.S. citizens on American soil. Currently, FISA opinions are classified.

While the legislation has bipartisan backing, it received a chilly reception from Democratic leaders in the Senate.

Senate Majority Leader Harry ReidHarry Mason ReidDems walk tightrope on Pompeo nomination The Memo: Teens rankle the right with gun activism Dems to party: Go on offense with Trump’s alleged affairs MORE (D-Nev.) was less than enthusiastic about the Merkley-Wyden proposal, saying only that leadership would be “happy to take a look” at it.

“I’m happy, any legislation that people have to offer, I’ll take a look at it and ... we’ll see,” Reid said.

The Senate’s No. 2 Democrat was more blunt.

“I encourage this, though I think it is going to be ill-fated,” Senate Majority Whip Dick DurbinRichard (Dick) Joseph DurbinHannity, Kimmel, Farrow among Time's '100 Most Influential' The Hill's Morning Report: 200 Days to the Election Dems walk tightrope on Pompeo nomination MORE (D-Ill.) said.

“I just don’t see a freight train coming down the track,” in terms of getting the White House and Congress behind the Merkley-Wyden bill, Durbin said.

Even if a bill got through the House and Senate, it is unlikely that President Obama would accept it, Durbin said.

The Merkley-Wyden bill was offered in response to the classified information on the two domestic surveillance programs that were leaked by Edward Snowden, a 29-year-old government contractor.

Snowden had been working for three months as a contractor with Booz Allen Hamilton when he leaked details of the NSA programs to the media.

On Tuesday, Speaker John BoehnerJohn Andrew BoehnerSome doubt McCarthy or Scalise will ever lead House GOP Lobbying World McCarthy courts conservatives in Speaker's bid MORE (R-Ohio) called Snowden a “traitor” and said the leaks had put American lives “at risk.”

But Lee said the revelations about the NSA programs that were published last week call for a “serious debate” about the intelligence community’s monitoring of American citizens.

“There’s been a pretty public example why people ought to be concerned about these laws that are really broad and give the government all kinds of power,” Lee said.

One of the programs Snowden revealed collects cellphone data from Verizon customers to track terror threats, while a second program, PRISM, pulls data from tech companies on foreign Internet users.

Obama and the heads of the Senate and House Intelligence committees have defended the programs as critical to national security and respectful of civil liberties.

But Sen. Bernie SandersBernard (Bernie) SandersSanders, Warren, O’Rourke inspire patriotic small donor waves Bill Press reflects on Clinton, Sanders and a life in politics Overnight Health Care: GOP pushes stiff work requirements for food stamps | Johnny Isakson opens up about family's tragic loss to opioids | Republicans refuse to back vulnerable Dem's opioids bill | Dems offer new public option plan MORE (I-Vt.) pushed back against that argument, claiming the White House had failed to protect Americans’ rights.

“Technology has changed the world very substantially [and] ... invaded people’s privacy,” Sanders said. “And government has not responded accordingly.”

“I do not believe the American people want to have every phone call they make ... every website they visit tracked by United States government, or the private sector,” Sanders said.

The White House said Congress had been briefed on the NSA operations, but many lawmakers say they were unaware of the programs and are demanding more information.

Senate Intelligence Committee member Susan CollinsSusan Margaret CollinsOvernight Energy: Trump NASA pick advances after drama | White House office to investigate Pruitt's soundproof booth | 170 lawmakers call for Pruitt to resign Trump's NASA nominee advances after floor drama Family, friends mourn death of Barbara Bush MORE (R-Maine) said the first time she had heard of either NSA program is “when it broke in the news.”

Director of National Intelligence James Clapper defended the programs shortly after the leaks, saying a FISA court deemed the operations legal.

That said, “I think having the [FISA] court provide some carefully-worded [program] summaries might be helpful,” Collins said.

Those kinds of summaries, provided to lawmakers outside the Armed Services and Intelligence panels, could be a possible alternative to the Merkley-Wyden bill, according to Durbin. 

“I think that is a good option,” he added.

But Senate Intelligence Committee chief Dianne FeinsteinDianne Emiel FeinsteinSenate panel punts Mueller protection bill to next week Steyer endorses de León in bid to unseat Feinstein Amid struggle for votes, GOP plows ahead with Cabinet picks MORE (D-Calif.) disagreed, saying the FISA opinions should remain under wraps.

When asked if she agreed with the Merkley-Wyden bill, Feinstein replied: “No, because it was all classified. It was a highly classified program, and we respect that. We have to respect that.”

Sen. Angus KingAngus Stanley KingHeitkamp becomes first Dem to back Pompeo for secretary of State Trump checkmates Democrats in sending Pompeo to North Korea Dems walk tightrope on Pompeo nomination MORE (I-Maine) said he was also against the declassification of the FISA opinions, but agreed with Durbin’s call for summaries of FISA opinions to be made available to members of the intelligence panel.

“I do not think they should be declassified, but I do think they should be made available to the [Intelligence] committee on a very timely basis,” King said.

He declined to comment on whether that information should be provided to lawmakers outside the defense and Intelligence panels.

Jeremy Herb contributed to this report. 

— Published at 10:53 a.m. and updated at 8 p.m.