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THOMPSON VOTES TO PASS LEGISLATION ENDING BULK COLLECTION OF METADATA, REFORMING FISA

May 22, 2014

Thompson’s Intelligence Oversight and Accountability Act Passes as Part of Legislation

WASHINGTON, D.C. – U.S. Rep. Mike Thompson (CA-05), a senior member of the House Permanent Select Committee on Intelligence, today voted to pass an amended version of bipartisan H.R. 3361, the USA Freedom Act. Like the bipartisan Foreign Intelligence Surveillance Act (FISA) reform legislation co-authored by Thompson, the amended version of the USA Freedom Act ends the bulk collection of call detail records (telephone metadata). H.R. 3361 passed by a bipartisan vote of 303-121.

"Our government has a responsibility to protect people's civil liberties and our national security, and this legislation does both," said Thompson. "It ends the government's bulk collection of metadata, it strengthens oversight and improves accountability of our intelligence community, and it allows our intelligence community to continue their brave work to keep Americans safe."

Under H.R. 3361, in order to access the data, which is already held by the telecom companies, the government must get approval from the Foreign Intelligence Surveillance Court (FISC). In order to obtain approval from the FISC to access the data, the government must show there is a reasonable articulable suspicion that the call detail records sought are "relevant to an authorized investigation," and "protect against international terrorism." This pre-judicial FISC review is required for each individually-targeted call detail record.

In emergency situations, the legislation permits the Attorney General to authorize the emergency production of call detail records. In these cases an application must be presented to the FISC within seven days. If the FISC denies the application, the government cannot use the results of the production in any proceeding before a court, agency, legislative committee or any other government entity except in instances of threats of death or seriously bodily harm.

Also included in the legislation is H.R. 3103, Thompson's bipartisan Intelligence Oversight and Accountability Act of 2013.

Thompson's provision requires that any Foreign Intelligence Surveillance Court (FISC) decision, order or opinion that includes a denial of an IC request, a modification of an IC request, or results in a change to any legal interpretation of the Foreign Intelligence Surveillance Act (FISA) be shared with Congress.

Currently, when the FISC or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, the Attorney General (AG) must determine if the issue considered by the FISC includes a "significant construction or interpretation of the law." If the AG determines that the decision is significant, that information must be shared with Congress. However, if the AG determines that the decision is not "significant," the AG is not required to share the information with Congress.

Removing discretionary elements regarding what Congress should and should not receive from the FISC, will increase the Congressional oversight of Intelligence Community tools and programs to ensure their proper use.

H.R. 3361 now goes to the Senate for their consideration. The Obama Administration released a Statement of Administration Policy saying it "strongly supports" the legislation.

Congressman Mike Thompson is proud to represent California's 5th Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma Counties. He is a senior member of the House Ways and Means Committee and the House Permanent Select Committee on Intelligence. Rep. Thompson is also a member of the fiscally conservative Blue Dog Coalition and chairs the bipartisan, bicameral Congressional Wine Caucus.

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Issues:Defense