House votes to tighten federal surveillance powers’ oversight
WASHINGTON — Congress has taken a first step toward addressing errors made by the FBI during its investigation of the Trump campaign and Russia, with the House passing legislation Wednesday that would impose new restrictions on the federal government’s surveillance tools.
The legislation is a compromise that reflects angst in both parties about the way the surveillance powers have been used, but also a reluctance to strip those powers from the government’s arsenal. The bipartisan bill, negotiated by House Speaker Nancy Pelosi and Republican leader Kevin McCarthy, would renew several provisions the FBI sees as vital to fighting terrorism even as it aims to ensure stricter oversight of how the bureau conducts surveillance.
The compromise, which passed 278-136, came after Republicans and Democrats in the House broadly agreed that they did not want civil liberties sacrificed in efforts to thwart terrorism and other crimes. Republicans had been aggressively seeking changes to the law since the Russia investigation, while many Democrats already had concerns about government surveillance.
It remains unclear whether the Senate would go along and send the bill to President Donald Trump, who has long been critical of intelligence agencies. It was also not immediately clear whether Trump would sign it.
While a handful of Republican and Democratic senators have criticized the House measure — and could potentially use procedural tactics to delay it — at least one Senate GOP leader indicated it would pass.
“I think if it comes over with a big vote out of the House, it will have broad support here,” said South Dakota Sen. John Thune, the No. 2 Republican in the Senate, before the House vote.
Republican Sens. Mike Lee of Utah and Rand Paul of Kentucky and Democratic Sen. Ron Wyden of Oregon, all longtime skeptics of surveillance laws, have criticized the compromise. Wyden indicated that he would not filibuster, or delay, the bill, saying he was focused on a response to the spread of the coronavirus.
But it wasn’t certain what tactics Paul or Lee might use to slow down the legislation. Lee said Wednesday that “there are a lot of procedural tools at our disposal,” indicating he might try to delay passage. Paul has been working closely with Trump, who told Republican lawmakers at a meeting last week that he would not sign an extension of the current surveillance authorities without reforms.
Lawmakers leave town at week’s end. The existing powers expire Sunday.
At the behest of Republicans, the House compromise takes aim at some of the missteps the Justice Department has acknowledged making during the Russia investigation. Applications under the Foreign
Intelligence Surveillance Act to eavesdrop on a former Trump campaign aide were riddled with omissions and missteps, according to an inspector general report.
The measure would require that officers responsible for FISA applications certify that the department has been advised of any information that could undercut or contradict the premise of the surveillance. In the Russia investigation, some of the information the FBI omitted from its applications cut against the idea that former Trump adviser Carter Page was a Russian agent, the watchdog found. Page has denied that and was never charged with wrongdoing.
The legislation updates the three expiring surveillance provisions, including one that permits the FBI to obtain court orders to collect business records on subjects in national security investigations. Another, known as the “roving wiretap” provision, permits surveillance on subjects even after they’ve changed phones. The third allows agents to monitor subjects who don’t have ties to international terrorism organizations.
Attorney General William Barr was involved in the negotiations with the White House and Congress, and he said he supports the bill.