KEY VOTE: “Yes” on the Durbin-Cramer Amendment to H.R. 7888 - Reforming Intelligence and Securing America Act

The FBI’s record of politicized abuses and the executive branch’s continued misuse of federal intelligence authorities is chilling. Bureaucrats have repeatedly targeted the exercise of free speech and other constitutional rights of Americans. Congress can no longer ignore these clear and egregious violations of the American people’s trust and civil liberties and must enact forceful reforms. Short of comprehensive FBI reform, strong reforms to FISA and the Section 702 program should be requirements for reauthorization.

Among the most worrisome of the FBI’s abuses has been its misuse of the 702 collection to gather information on American citizens. The FBI has improperly dipped into the 702 database more than 278,000 times to gather information on Americans for purposes having nothing to do with national security.

The Durbin-Cramer amendment to prohibit warrantless queries of the Section 702 program, combined with the strong reforms contained in the base reauthorization bill, would be an important step toward more clearly defining the scope of the FBI’s jurisdiction, refocusing its mission on traditional law enforcement, and restoring effective congressional oversight.

The amendment would require obtaining a warrant for communications or information of U.S. persons (not foreign nationals who are inside the U.S.) with exceptions when (1) the U.S. person to whom the query relates is the subject of a FISA court order or criminal warrant, or (2) in emergency circumstances. The warrant requirement amendment is a key step in reining in the FBI’s ability to monitor Americans, while ensuring national security threats posed by foreign adversaries can continue to be investigated.