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.
“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 MerkleyJeff MerkleyDemocrats revive filibuster fight over voting rights bill Senate backers of new voting rights bill push for swift passage Stacey Abrams backs Senate Democrats' voting rights compromise MORE (D-Ore.), who is spearheading the effort with Sen. Ron WydenRonald (Ron) Lee WydenA Democratic plan to wipe out independent contractors Biden pushes back at Democrats on taxes Want a clean energy future? Look to the tax code MORE (D-Ore.).
The legislation has a powerful backer in Senate Judiciary Committee Chairman Patrick LeahyPatrick Joseph LeahyPhotos of the Week: Renewable energy, gymnast testimonies and a Met Gala dress Senators denounce protest staged outside home of Justice Kavanaugh Al Franken on another Senate run: 'I'm keeping my options open' MORE (D-Vt.), and Sens. Dean HellerDean Arthur HellerEx-Sen. Dean Heller announces run for Nevada governor Former Sen. Heller to run for Nevada governor Democrat Jacky Rosen becomes 22nd senator to back bipartisan infrastructure deal MORE (R-Nev.), Mark BegichMark Peter BegichAlaska Senate race sees cash surge in final stretch Alaska group backing independent candidate appears linked to Democrats Sullivan wins Alaska Senate GOP primary MORE (D-Alaska), Al FrankenAlan (Al) Stuart FrankenAl Franken on another Senate run: 'I'm keeping my options open' Andrew Cuomo and the death of shame Could Andrew Cuomo — despite scandals — be re-elected because of Trump? MORE (D-Minn.), Jon TesterJonathan (Jon) TesterDemocrats say Biden must get more involved in budget fight Senate backers of new voting rights bill push for swift passage The Hill's 12:30 Report - Presented by Facebook - Polls open in California as Newsom fights for job MORE (D-Mont.) and Mike LeeMichael (Mike) Shumway LeeGraham found Trump election fraud arguments suitable for 'third grade': Woodward book Economy adds just 235K jobs in August as delta hammers growth Lawmakers flooded with calls for help on Afghanistan exit 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 AyottePoll: Potential Sununu-Hassan matchup in N.H. a dead heat Democrats facing tough reelections back bipartisan infrastructure deal Sununu seen as top recruit in GOP bid to reclaim Senate 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 ReidDemocrats say Biden must get more involved in budget fight Biden looks to climate to sell economic agenda Justice Breyer issues warning on remaking Supreme Court: 'What goes around comes around' 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 DurbinDick DurbinDemocrats up ante in risky debt ceiling fight Democrats reject hardball tactics against Senate parliamentarian Biden to raise refugee cap to 125,000 in October 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 BoehnerLobbying world A new kind of hero? Last week's emotional TV may be a sign GOP up in arms over Cheney, Kinzinger 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 SandersBernie SandersPelosi says House members would not vote on spending bill topline higher than Senate's Groups push lawmakers to use defense bill to end support for Saudis in Yemen civil war Congress must address the looming debt crisis 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 CollinsMcConnell privately urged GOP senators to oppose debt ceiling hike GOP senator will 'probably' vote for debt limit increase Welcome to ground zero of climate chaos 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 FeinsteinRepublicans caught in California's recall trap F-35 fighter jets may fall behind adversaries, House committee warns Warren, Daines introduce bill honoring 13 killed in Kabul attack 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 KingRep. Tim Ryan becomes latest COVID-19 breakthrough case in Congress Senate backers of new voting rights bill push for swift passage Stacey Abrams backs Senate Democrats' voting rights compromise 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.