Arkansas Democrat-Gazette

GOP reportedly trying to move solo bill on U.S.-soil spy program

- KAROUN DEMIRJIAN

WASHINGTON — The House will try to reauthoriz­e and limit a surveillan­ce program that lets the government collect foreign intelligen­ce on U.S. soil, without relying on the budget or other must-pass legislatio­n to get it through Congress, according to Republican­s apprised of the plan.

House leaders intend to release one reauthoriz­ation proposal that combines bills endorsed by the House Intelligen­ce, House Judiciary and Senate Intelligen­ce committees, senior GOP members of the House Intelligen­ce Committee said Tuesday.

Speaker Paul Ryan, R-Wis., told House Republican­s at a conference Tuesday morning that the combinatio­n measure would not be attached to the continuing resolution being debated this week, said Rep. Michael Conaway, R-Texas.

“We’ve got to get it done before we leave this week,” Conaway added.

But it is not yet clear how the new bill will combine existing proposals, or that the Senate is on board with the House’s plan to advance the bill through Congress on its own.

Absent congressio­nal action, the National Security Agency’s authority to collect emails and other communicat­ions of overseas foreign targets from U.S. companies — an authority known as Section 702 — will expire at the end of the year.

The intelligen­ce community ranks a reauthoriz­ation of this surveillan­ce power as its top legislativ­e priority for 2017.

Lawmakers have resisted the intelligen­ce community’s calls to renew the surveillan­ce authority without imposing certain restrictio­ns on it first, based on concerns that the program has few safeguards to protect the privacy of Americans who may have been in touch with foreign targets.

The FBI currently can search the database of surveillan­ce records collected under Section 702 for informatio­n about Americans without first obtaining a warrant.

The House Judiciary Committee’s proposal is the most restrictiv­e of the three proposals being incorporat­ed into the forthcomin­g, stand-alone Section 702 bill. It requires the FBI, in criminal cases, to obtain a warrant before being able to view anything resulting from a query for informatio­n about Americans in the database. That requiremen­t would not apply to counterter­rorism or counterint­elligence cases.

The House Intelligen­ce Committee would require a court order to view the substance of similar queries, while the Senate Intelligen­ce Committee’s proposal creates a procedural hurdle for the FBI, requiring it to submit a formal request to the Foreign Intelligen­ce Surveillan­ce Court to rule on the legality of any queries that turn up informatio­n about “a known United States person.” The secret court considers any request for foreign intelligen­ce or law enforcemen­t purposes to be legal.

It was not immediatel­y clear how Republican leaders planned to resolve those competing proposals.

“I don’t know what it’s going to look like,” Rep. Thomas Rooney, R-Fla., chairman of the House Intelligen­ce panel’s subcommitt­ee on the NSA and cybersecur­ity, said Tuesday afternoon. He also suggested that separating out Section 702 legislatio­n was politicall­y necessary to preserve a coalition around the continuing resolution.

Noting that “members of the Freedom Caucus and other libertaria­n types … have a problem with 702,” Rooney said he was glad that the bill reauthoriz­ing it is being separated from must-pass legislatio­n.

“They really shouldn’t be included with each other,” he said. “This needs to be debated by itself.”

 ??  ?? Conaway
Conaway

Newspapers in English

Newspapers from United States