Senate set to debate privacy amendments to surveillance bill on Thursday

Senators reached an agreement late last week to begin debate on four amendments to the bill when the Senate reconvenes on Thursday morning, according to a Senate Democratic aide.

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The advocacy groups charge that the surveillance law could be used to sweep up American citizens' phone and email communications without a warrant, and say it's unclear whether this has already happened under the law. The American Civil Liberties Union (ACLU) and Electronic Frontier Foundation argued that public should hear how the amendments could boost the privacy protections in the FAA, which is set to expire on Dec. 31.

The measure gives U.S. officials the authority to conduct surveillance on suspected terrorists abroad without a court order. 

"We're very happy that they're going to have several hours dedicated to debate, and have a chance to talk about some of these amendments," said Michelle Richardson, a legislative counsel in the ACLU's Washington office. "It looks like there's a possibility they might try to get [the bill] through without any, so this is an important first step."

Still, Richardson noted that it will be a challenge to get the amendments adopted into the final bill.

"I think we're realistic that it's an uphill battle, but dozens of members have voted against this [bill] or in support of amendments in the past," she said.

The Senate will debate a substitute amendment from Sen. Patrick LeahyPatrick LeahyEPA head faces skeptical senators on budget cuts A bipartisan consensus against 'big pharma' is growing in Congress Going national with automatic voter registration MORE (D-Vt.) that was approved by the Senate Judiciary Committee on a party-line vote this summer. It includes oversight-focused measures and a sunset provision that aligns the FAA with the expiration of certain measures in the Patriot Act, "thereby enabling Congress to evaluate all of the expiring surveillance provisions of FISA together, instead of dealing with them in piecemeal fashion," Leahy said in a July statement.

Sen. Ron WydenRon WydenSenators urge Trump to do right thing with arms sales to Taiwan Overnight Tech: Black lawmakers press Uber on diversity | Google faces record EU fine | Snap taps new lobbyist | New details on FCC cyberattack FCC chairman reveals new details about cyberattack following John Oliver segment MORE (D-Ore.), an outspoken critic of the surveillance bill, will offer an amendment that would require the Director of National Intelligence to report to Congress on whether any domestic email or phone communications were collected by a government entity under the FAA, among other privacy implications of the law. The Senate will also debate an amendment from Sen. Jeff MerkleyJeff MerkleyWATCH LIVE: Senate Dems hold ‘People’s Filibuster’ against ObamaCare repeal Merkley: Trump 'absolutely' tried to intimidate Comey Overnight Regulation: Labor groups fear rollback of Obama worker protection rule | Trump regs czar advances in Senate | New FCC enforcement chief MORE (D-Ore.) that would require the government to declassify the Foreign Intelligence Surveillance Court's opinions on surveillance requests. 

Richardson called these amendments "moderate" and said they don't limit the collection of foreign intelligence.

"They're really just about transparency and accountability," she said.

Sen. Rand PaulRand PaulTea Party chief on McConnellCare: Amend it or kill it Rand Paul on refusing to use a handicap when golfing with Trump: 'I don't take any welfare' Paul: ‘I get the sense we’re still at an impasse’ on healthcare MORE (R-Ky.) is offering an measure on Fourth Amendment searches and seizures.

GOP members have signaled that they want to pass the same version of the FAA as the House, which reauthorized the 2008 law without adding any amendments. Senate Majority Leader Harry ReidHarry ReidDems face identity crisis Heller under siege, even before healthcare Charles Koch thanks Harry Reid for helping his book sales MORE (D-Nev.) tried to bring up the measure with a handful of amendments last week, but Sen. Saxby ChamblissSaxby ChamblissFormer GOP senator: Let Dems engage on healthcare bill OPINION: Left-wing politics will be the demise of the Democratic Party GOP hopefuls crowd Georgia special race MORE (R-Ga.) objected and asked why the Senate couldn't vote on the same five-year extension that the House passed.

Chambliss noted that the Obama administration is in favor of the reauthorization.


This post was updated at 6:42 p.m.