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.

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The proposal, which was spearheaded by Sens. Mike LeeMichael (Mike) Shumway LeeHillicon Valley: Facebook employees speak up against content decisions | Trump's social media executive order on weak legal ground | Order divides conservatives The Hill's Morning Report - Presented by Facebook - Trump tweets as tensions escalate across US GOP deeply divided over Trump's social media crackdown MORE (R-Utah) and Patrick LeahyPatrick Joseph LeahyHouse punts on FISA, votes to begin negotiations with Senate House cancels planned Thursday vote on FISA Frustration builds in key committee ahead of Graham subpoena vote  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 TrumpSessions accepts 'Fox News Sunday' invitation to debate, Tuberville declines Priest among those police cleared from St. John's Church patio for Trump visit Trump criticizes CNN on split-screen audio of Rose Garden address, protesters clashing with police 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 GrahamWhat you need to know about FBI official Dana Boente's retirement Rosenstein steps back into GOP crosshairs The Hill's Morning Report - Presented by Facebook - Trump tweets as tensions escalate across US 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. 

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“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 Republicans urge Trump to tone down rhetoric on protests Frustration builds in key committee ahead of Graham subpoena vote  The Hill's Morning Report - Presented by Facebook - US death toll nears 100,000 as country grapples with reopening 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 PaulDemocratic senator to offer amendment halting 'military weaponry' given to police Second senator tests positive for coronavirus antibodies Senate Democrats pump brakes on new stimulus checks 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 BaldwinWarren calls for investigation into OSHA inspections during pandemic Mail ballot surge places Postal Service under spotlight Justice Department investigating meat price increases: report MORE (Wis.), Sherrod BrownSherrod Campbell BrownHillicon Valley: Twitter flags Trump tweet for 'glorifying violence' | Cruz calls for criminal investigation into Twitter over alleged sanctions violations | Senators urge FTC to investigate TikTok child privacy issues Democratic senators urge regulators to investigate Instacart over 'tip baiting' Senate Dems press DOJ over coronavirus safety precautions in juvenile detention centers MORE (Ohio), Maria CantwellMaria Elaine CantwellDemocratic unity starts to crack in coronavirus liability reform fight Trump nominee for Consumer Product Safety Commission involved in CDC guidance shelving: AP Senate votes to reauthorize intel programs with added legal protections MORE (Wash.), Dick DurbinRichard (Dick) Joseph DurbinRosenstein steps back into GOP crosshairs Frustration builds in key committee ahead of Graham subpoena vote  Senate Democrat introduces bill to protect food supply MORE (Ill.), Martin HeinrichMartin Trevor HeinrichOVERNIGHT ENERGY: Trump rule limits states from blocking pipeline projects | EPA finalizes rule to regulate cancer-linked chemical | Democrats want Congress to help plug 'orphan' oil and gas wells Democrats want Congress to help plug 'orphan' oil and gas wells The Hill's Coronavirus Report: Mastercard CEO Ajay Banga says supporting small business single most important thing we should do now; Teva's Brendan O'Grady says U.S. should stockpile strategic reserve in drugs like Strategic Oil Reserve MORE (N.M.), Mazie HironoMazie Keiko HironoFederal judges should be allowed to be Federalist Society members Senate Dems press DOJ over coronavirus safety precautions in juvenile detention centers Conservative group launches campaign accusing Democrats of hypocrisy on Kavanuagh, Biden MORE (Hawaii), Ed MarkeyEdward (Ed) John MarkeyGOP Massachusetts governor: Trump's compassion 'nowhere to be found' Markey calls Trump 'scum' over comments on George Floyd protests Bipartisan senators call for investigation of TikTok's child privacy policies MORE (Mass.), Jeff MerkleyJeffrey (Jeff) Alan MerkleySenate Dems press DOJ over coronavirus safety precautions in juvenile detention centers Democratic unity starts to crack in coronavirus liability reform fight Oregon GOP Senate nominee contradicts own campaign by saying she stands with QAnon MORE (Ore.), Patty MurrayPatricia (Patty) Lynn MurrayCOVID-19 workplace complaints surge; unions rip administration Lack of child care poses major hurdle as businesses reopen Democratic leaders say Trump testing strategy is 'to deny the truth' about lack of supplies MORE (Wash.), Brian SchatzBrian Emanuel SchatzOvernight Defense: Esper, Milley part of 'command center' for response to protests over George Floyd killing | Several West Point cadets test positive for coronavirus ahead of Trump commencement speech | UN report says Taliban, al Qaeda not breaking ties Schumer calls on McConnell to schedule vote on law enforcement reform bill before July 4 Democratic senator to offer amendment halting 'military weaponry' given to police MORE (Hawaii), Jon TesterJonathan (Jon) TesterMontana barrels toward blockbuster Senate fight The 10 Senate seats most likely to flip Memorial Day during COVID-19: How to aid our country's veterans MORE (Mont), Tom UdallThomas (Tom) Stewart UdallKey races to watch in Tuesday's primaries DHS watchdog to investigate COVID-19 cases in ICE detention facilities Hispanic Caucus makes major ad buy for New Mexico Democratic candidate for House MORE (N.M.), Elizabeth WarrenElizabeth WarrenGeorge Floyd's death ramps up the pressure on Biden for a black VP Judd Gregg: Biden — a path to the presidency, or not Vogue's Anna Wintour urges Biden to pick woman of color for VP MORE (Mass.) and Ron WydenRonald (Ron) Lee WydenHouse Republican offers bill to create 'return to work bonus' On The Money: Senate Dems pump brakes on new stimulus checks | Trump officials sued over tax refunds | Fed to soon open small-business lending program Senate Democrats pump brakes on new stimulus checks MORE (Ore.). On the GOP side, Paul and Sen. Richard BurrRichard Mauze BurrTrump asserts his power over Republicans FISA 'reform': Groundhog Day edition Rubio: Coronavirus conspiracy theories could be used in foreign election misinformation campaigns 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.