On Monday a congressional vote to move 702 of the Foreign Intelligence Surveillance Act (FISA) bill to the Senate succeeded in the House with a vote of 259-128. The bill now goes to the Senate without any provision requiring warrants on the surveillance of Americans who are in communications with foreign actors.
Ahead of the vote on Monday, the FISA bill passed on Friday in a vote of 273-147 without any provision to require that those using section 702 of FISA to get a warrant if they collect information on American citizens. Rep. Andy Biggs (R-AZ) had proposed an amendment that would have made a warrant requirement included in the bill.
FISA 702 is meant to be primarily used to gather intel on the communications of foreign individuals to detect threats, however, communications with Americans gets caught up in the mix when gathering the foreign intelligence. The FISA court has also found that FISA has been used outside the rules of the federal government over 278,000 times.
On Friday, when the bill passed, Rep. Anna Paulina Luna (R-FL) objected to its passage and immediately afterwards Rep. Laura Lee (R-FL) called for a motion to reconsider the bill. House Intelligence Chairman Mike Turner (R-OH) then called for a motion to table Lee's motion to reconsider. Luna then demanded a recorded vote on the motion to table, according to the Washington Examiner. The vote on the motion to table the motion to reconsider failed in the House.
In a letter sent out on Monday, Luna outlined that she wanted others to vote no on the motion to table so that the bill would not pass to the Senate.
"I am specifically asking the 56 Members of Congress who voted for final passage of H.R. 7888, the Reforming Intelligence and Securing America Act, after supporting and voting for Biggs Amendment #1 to vote NO on the motion to table," she wrote in the letter.
"The original intent of the Foreign Intelligence Surveillance Act (FISA) was to be able to gather information on bad foreign actors. However, as we have seen over the years, the program has been abused to spy on American citizens in direct violation of American liberty and the 4th Amendment. The FISA court found that the federal government violated its own rules over 278,000 times," she added.
The vote on Monday sends the bill to the Senate where it is likely to pass.
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