Texarkana Gazette

congressio­nal roll call

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HOUSE

EXTENSION OF WARRANTLES­S SURVEILLAN­CE PROGRAM:

Voting 256 for and 164 against, the House on Jan. 11 approved a six-year extension (S 139) of Section 702 of the Foreign Intelligen­ce Surveillan­ce Act (FISA). The post -9/11 law is a key government tool for detecting and preventing foreign-based terrorist activity, but also a target of criticism that it imperils the privacy rights of innocent Americans.

The law gives agencies including the National Security Agency (NSA) and FBI warrantles­s access to commercial databases of foreigners’ voice and digital communicat­ions phone calls, emails, online chats, text messaging and social-media postings—that pass through wireless and landline facilities in the United States. If agencies use the databases to target Americans suspected of terrorist connection­s, they must obtain FISA-court warrants based on probable cause. When the government inadverten­tly sweeps up innocent Americans` communicat­ions, the informatio­n must be expunged or disregarde­d, although the law lacks a means for outsiders to see if that has occurred.

FISA was enacted in 1978 to govern domestic collection of foreign intelligen­ce while protecting Americans’ civil liberties, and it has been amended several times to address post-9/11 terrorism threats. The law’s secretive Foreign Intelligen­ce Surveillan­ce Court, which issues blanket and specific warrants and monitors government compliance with the law, is comprised of sitting federal judges who serve on a rotating basis.

Doug Collins, R-Ga., said: “This program allows the government to obtain the communicat­ion of foreigners outside the United States, including foreign terrorist threats. … It has allowed us to respond to threats to our country. … It cannot be used to target Americans and it cannot be used to target individual­s located inside the United States.”

David Cicilline, D-R.I., said: “There is no more important responsibi­lity that we have than keeping the American people safe, but we have to do it in a way that is consistent with our values and our Constituti­on. This bill undermines our values of privacy and freedom from unreasonab­le searches and seizures.”

A yes vote was to send the bill to the Senate. ARKANSAS

Voting yes: Bruce Westerman, R-4 TEXAS

Voting yes: John Ratcliffe, R-4 Voting no: Louie Gohmert, R-1

PRIVACY RIGHTS IN SURVEILLAN­CE LAW:

Voting 183 for and 233 against, the House on Jan. 11 defeated a measure aimed at safeguardi­ng Fourth Amendment privacy rights under the Foreign Intelligen­ce Surveillan­ce Act (FISA). The amendment to S 139 (above) sought to protect innocent Americans whose voice and digital communicat­ions with foreigners are swept up in government collection­s of informatio­n on foreigners suspected of terrorist activity.

The amendment would have prohibited “backdoor searches” for informatio­n on Americans in commercial telecom databases without a specific FISA-court warrant based on probable cause. It also would prohibit “reverse targeting,” warrantles­s database searches aimed at foreign subjects that end up targeting Americans as well. In addition, the amendment would allow the FISA law`s Privacy and Civil Liberties Oversight Board to review all government foreign-intelligen­ce surveillan­ce programs, not just ones related to terrorism.

Zoe Lofgren, D-Calif., said: “If you are going to search for the informatio­n of an American who has been collected in that database and it is not terrorism but a domestic criminal investigat­ion, get a warrant. Get a warrant. That is what the Fourth Amendment requires.”

Jim Costa, D-Calif., said: “Americans cherish and strongly want us to protect their privacy. We all agree on that, and I think this (underlying) bill threads the needle,” whereas this amendment “is an overreach in the wrong direction.”

A yes vote was to adopt the amendment. ARKANSAS

Voting no: Westerman TEXAS

Voting yes: Gohmert Voting no: Ratcliffe

LIMITS ON FBI SEARCHES:

Voting 189 for and 227 against, the House on Jan. 11 defeated a motion that would expand the types of FBI searches of commercial telecom databases that require specific search warrants under Section 702 of the Foreign Intelligen­ce Surveillan­ce Act (FISA). The underlying bill (S 139, above) requires the FBI to obtain FISA-court warrants based on probable cause for searches targeting Americans in investigat­ions specifical­ly linked to national security and foreign intelligen­ce. This measure sought to require FISA-court warrants for all FBI searches of databases to which the government has access under Section 702 of the FISA law.

Jim Himes, D-Conn., said the underlying bill “makes important and meaningful civil-liberties improvemen­ts over the status quo,” his that amendment is needed because “no bill is perfect.”

Doug Collins, R-Ga., said the bill already “forecloses the possibilit­y that FBI agents investigat­ing Americans for traditiona­l crimes would be able to use (Section) 702 informatio­n in such domestic investigat­ions.”

A yes vote was to further limit FBI powers under the FISA law to target Americans in probes unrelated to terrorist activity. ARKANSAS

Voting no: Westerman TEXAS

Voting yes: Gohmert Voting no: Ratcliffe

LABOR RIGHTS ON TRIBAL LANDS:

Voting 239 for and 173 against, the House on Jan. 10 passed a bill (S 140) that would remove Indian reservatio­ns from the jurisdicti­on of the National Labor Relations Act (NLRA) on grounds they are sovereign nations and therefore exempt from that New Deal-era workplace law. This would take away collective-bargaining rights and other federally guaranteed employment rights now available to 600,000 or more workers at casinos on reservatio­ns, at least three-fourths of whom are not tribal members. The National Labor Relations Board has applied the NLRA to commercial enterprise­s on Indian reservatio­ns since 2004.

Tim Walberg, R-Mich., said: “These tribes have created their own system of labor protection­s for employees and employers consistent with their lands and traditions, and it is not for Washington bureaucrat­s to tamper with those protection­s.”

Robert Scott, D-Va., said: “There is no principled basis for stripping hundreds of thousands of workers from the right to join a union and negotiate better wages simply because they happen to work in a commercial enterprise on tribal lands.”

A yes vote was to send the bill to the Senate. ARKANSAS

Voting yes: Westerman TEXAS Voting yes: Gohmert, Ratcliffe

SENATE EXTENSION OF WARRANTLES­S SURVEILLAN­CE PROGRAM:

The Senate on Jan. 11 voted, 68 for and 27 against, to start legislativ­e action on a House-passed measure (S 139, above) that would extend Section 702 of the Foreign Intelligen­ce Surveillan­ce Act (FISA) through 2023, with debate and a final vote on the bill expected within days.

A yes vote was to advance the bill. ARKANSAS

Voting yes: Tom Cotton, R, John Boozman, R TEXAS

Voting yes: John Cornyn, R, Ted Cruz, R

KEY VOTES AHEAD

The House will debate abortion and banking deregulati­on in the week of Jan. 15, while the Senate will take up an extension of the Foreign Intelligen­ce Surveillan­ce Act. Both chambers will vote on stopgap funding to avert a partial government shutdown at week’s end.

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