Senate votes to reauthorize intel programs with added legal protections

Senate votes to reauthorize intel programs with added legal protections
© Greg Nash

The Senate on Thursday passed legislation reauthorizing three intelligence programs that lapsed earlier this year amid a GOP stalemate.

Senators voted 80-16 on the bill, which pairs the reauthorization of the USA Freedom Act provisions with some changes to the Foreign Intelligence Surveillance Court, also known as the FISA court.

The Senate changed the bill, which originally passed the House in March, as part of a two-day floor debate. Senators added more legal protections for some individuals targeted by the court.

ADVERTISEMENT

The proposal, which was spearheaded by Sens. Mike LeeMichael (Mike) Shumway LeeTea Party rises up against McConnell's trillion relief plan Hillicon Valley: Twitter bans thousands of QAnon accounts | Bipartisan support grows for election funds in Senate stimulus bill | Senate committee advances bill to ban TikTok from federal devices Senators demand answers on expired surveillance programs MORE (R-Utah) and Patrick LeahyPatrick Joseph LeahyVermont has a chance to show how bipartisanship can tackle systemic racism VOA visa decision could hobble Venezuela coverage Hillicon Valley: Twitter bans thousands of QAnon accounts | Bipartisan support grows for election funds in Senate stimulus bill | Senate committee advances bill to ban TikTok from federal devices MORE (D-Vt.), would increase the role of outside legal experts in FISA court hearings, including allowing them to weigh in on some FBI surveillance requests.

Because the Senate changed the bill, it will now have to be sent back to the House, which is expected to return on Friday. House Democratic leadership has not said if or when they will take up the amended bill. 

It also remains unclear if President TrumpDonald John TrumpWhite House sued over lack of sign language interpreters at coronavirus briefings Wife blames Trump, lack of masks for husband's coronavirus death in obit: 'May Karma find you all' Trump authorizes reduced funding for National Guard coronavirus response through 2020 MORE would sign the bill should it reach his desk. The president has railed about his campaign being “spied” upon and has sent mixed signals to lawmakers about if he supports the legislation.

Some supporters of the original House bill warned that letting the Senate make changes could open up the door to progressives and libertarian-minded Republicans in the House trying to reopen negotiations on the bill once it returns to the lower chamber.

Sen. Lindsey GrahamLindsey Olin GrahamObama announces first wave of 2020 endorsements Trump putting TikTok ban on hold for 45 days: report This week: Negotiators hunt for coronavirus deal as August break looms MORE (R-S.C.) said that while Lee had “some good ideas,” sending the bill back to the House “could shut things down” on reauthorizing the intelligence programs. 

ADVERTISEMENT

“I want to promise Sen. Lee and everybody else, this will not be the last word on FISA reform,” he said.

Sen. John ThuneJohn Randolph ThuneSenate GOP divided over whether they'd fill Supreme Court vacancy  Frustration builds as negotiators struggle to reach COVID-19 deal Unemployment benefits to expire as coronavirus talks deadlock MORE (S.D.), the No. 2 Senate Republican, added that it was the preference of leadership to pass the House bill without changes.

"I think the leader's position is that it's much simpler to pick up the House passed bill, pass it, send it to the president," Thune said. 

The House bill would reauthorize two expired programs: One dealing with “lone wolf” suspects who are not tied to any known terrorist organization and another on “roving” wiretaps that allow the federal government to track a suspect across multiple devices. 

The House bill also reauthorizes Section 215, which allows the government to request “tangible things” such as documents relevant to a national security investigation, but makes changes, including ending a controversial phone surveillance program.

And it also makes some changes to the FISA process, including requiring the attorney general to sign off on applications tied to an elected official.

While senators agreed to add the Lee-Leahy bill, they also rejected two other amendments: one from Sen. Rand PaulRandal (Rand) Howard PaulMultiple lawmakers self-quarantine after exposure to Gohmert Gohmert tests positive for COVID-19 Republican senators revolt over coronavirus proposal MORE (R-Ky.) preventing FISA warrants from being used against Americans and one from Sens. Steve Daines (R-Mont.) and Ron Wyden (D-Ore.) preventing law enforcement from obtaining internet browsing and search history without a warrant. 

The Senate’s vote comes amid growing concerns about the Foreign Intelligence Surveillance Act (FISA) after Inspector General Michael Horowitz found 17 inaccuracies and omissions in the warrant applications related to Trump campaign adviser Carter Page. 

An interim report on a broader FISA review that looked at 29 applications found issues with each of them.

The House has to pull its initial bill from a scheduled vote in the Judiciary Committee over pushback from progressives and libertarian-minded GOP lawmakers that it did not go far enough to address privacy concerns or legal protections for those targeted by the court.

Fourteen Democrats voted against the bill: Sens. Tammy BaldwinTammy Suzanne BaldwinBiden: I'll have a running mate picked next week The Hill's Morning Report - Presented by Facebook - Divided GOP to unveil COVID-19 bill Biden strikes populist tone in blistering rebuke of Trump, Wall Street MORE (Wis.), Sherrod BrownSherrod Campbell BrownOvernight Defense: Guardsman to testify Lafayette Square clearing was 'unprovoked escalation' | Dems push for controversial Pentagon nominee to withdraw | Watchdog says Pentagon not considering climate change risks to contractors Democrats urge controversial Pentagon policy nominee to withdraw Chamber of Commerce, banking industry groups call on Senate to pass corporate diversity bill MORE (Ohio), Maria CantwellMaria Elaine CantwellThe Hill's Coronavirus Report: Mike Roman says 3M on track to deliver 2 billion respirators globally and 1 billion in US by end of year; US, Pfizer agree to 100M doses of COVID-19 vaccine that will be free to Americans Overnight Energy: Supreme Court reinstates fast-track pipeline permit except for Keystone XL | Judge declines to reverse Dakota Access Pipeline shutdown OVERNIGHT ENERGY: Watchdog accuses Commerce of holding up 'Sharpiegate' report | Climate change erases millennia of cooling: study | Senate nixes proposal limiting Energy Department's control on nuclear agency budget MORE (Wash.), Dick DurbinRichard (Dick) Joseph DurbinThe Hill's Campaign Report: Who will Biden pick to be his running mate? Don't count out Duckworth in Biden VP race Schumer: Trump should want COVID-19 deal to help GOP election chances MORE (Ill.), Martin HeinrichMartin Trevor HeinrichOVERNIGHT ENERGY: 20 states sue over Trump rule limiting states from blocking pipeline projects | House Democrats add 'forever chemicals' provisions to defense bill after spiking big amendment | Lawmakers seek extension for tribes to spend stimulus money Lawmakers seek extension for tribes to spend stimulus money following Treasury delays The Hill's Coronavirus Report: Rep. Rodney Davis says most important thing White House can do on COVID-19 is give consistent messaging; US new cases surpass 50k for first time MORE (N.M.), Mazie HironoMazie Keiko HironoOvernight Defense: Guardsman to testify Lafayette Square clearing was 'unprovoked escalation' | Dems push for controversial Pentagon nominee to withdraw | Watchdog says Pentagon not considering climate change risks to contractors Democrats urge controversial Pentagon policy nominee to withdraw Hillicon Valley: Feds warn hackers targeting critical infrastructure | Twitter exploring subscription service | Bill would give DHS cyber agency subpoena power MORE (Hawaii), Ed MarkeyEdward (Ed) John MarkeyThe Hill's Campaign Report: Biden's latest plan on racial inequality The Boston Globe endorses Markey in primary against Kennedy OVERNIGHT ENERGY: EPA effort to boost uranium mining leaves green groups worried about water | DNC climate platform draft calls for net-zero emissions by 2050 | Duckworth introduces safety net bill for coal country MORE (Mass.), Jeff MerkleyJeffrey (Jeff) Alan MerkleyPortland protesters clash with law enforcement for first time since federal presence diminished New York police confirm arrest of protester in unmarked van Overnight Defense: Guardsman to testify Lafayette Square clearing was 'unprovoked escalation' | Dems push for controversial Pentagon nominee to withdraw | Watchdog says Pentagon not considering climate change risks to contractors MORE (Ore.), Patty MurrayPatricia (Patty) Lynn MurrayPelosi huddles with chairmen on surprise billing but deal elusive House approves two child care bills aimed at pandemic GOP, Democratic relief packages B apart on vaccine funding MORE (Wash.), Brian SchatzBrian Emanuel SchatzOvernight Defense: House passes defense bill that Trump threatened to veto | Esper voices concerns about officers wearing military garb Senate rejects broad restrictions on transfers of military-grade equipment to police Hillicon Valley: Russian hackers return to spotlight with vaccine research attack | Twitter says 130 accounts targeted in this week's cyberattack | Four fired, dozens suspended in CBP probe into racist, sexist Facebook groups MORE (Hawaii), Jon TesterJonathan (Jon) TesterThe Hill's Morning Report - Presented by Facebook - At loggerheads, Congress, White House to let jobless payout lapse Overnight Defense: Senate poised to pass defense bill with requirement to change Confederate base names | Key senator backs Germany drawdown | Space Force chooses 'semper supra' as motto Democrats call for expedited hearing for Trump's public lands nominee MORE (Mont), Tom UdallThomas (Tom) Stewart UdallGOP lawmaker says he will oppose any attempts to delay election Trump raises idea of delaying election Cook Political Report shifts several Senate races toward Democrats MORE (N.M.), Elizabeth WarrenElizabeth WarrenCuba spells trouble for Bass's VP hopes Democrats want Biden to debate Trump despite risks Overnight Defense: Embattled Pentagon policy nominee withdraws, gets appointment to deputy policy job | Marines, sailor killed in California training accident identified | Governors call for extension of funding for Guard's coronavirus response MORE (Mass.) and Ron WydenRonald (Ron) Lee WydenFrustration builds as negotiators struggle to reach COVID-19 deal On The Money: Unemployment benefits to expire as coronavirus talks deadlock | Meadows, Pelosi trade criticism on stalled stimulus talks | Coronavirus recession hits Social Security, Medicare, highway funding Unemployment benefits to expire as coronavirus talks deadlock MORE (Ore.). On the GOP side, Paul and Sen. Richard BurrRichard Mauze BurrSenate GOP opens door to smaller coronavirus deal as talks lag Hillicon Valley: Google extending remote work policy through July 2021 | Intel community returns final Russia report to Senate committee after declassification | Study finds election officials vulnerable to cyberattacks Intel community returns final Russia report volume to Senate after declassification review MORE (R-N.C.), the chairman of the Senate Intelligence Committee, voted against the bill.

Paul railed against the bill from the Senate floor ahead of Thursday’s vote.

“The Patriot Act, in the end, is not patriotic. The Patriot Act makes an unholy and unconstitutional exchange of liberty for a false sense of security. And I, for one, will oppose its reauthorization,” he said, referring to the post-9/11 bill that predated the USA Freedom Act.