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

May 13, 2015

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

WASHINGTON, D.C. – U.S. Rep. Mike Thompson (CA-05) today voted to pass H.R. 2048, the bipartisan USA Freedom Act. The USA Freedom Act ends the bulk collection of call detail records (telephone metadata) and includes enhanced transparency measures. H.R. 2048 passed by a bipartisan vote of 338-88.

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

H.R. 2048 prohibits bulk collection of phone records previously authorized under Section 215 of the PATRIOT Act. Further, H.R. 2048 prohibits large-scale, indiscriminate collection, such as records from an entire state, city, or zip code. Additionally, it creates a panel of experts to advise the Foreign Intelligence Surveillance Act FISA Court on matters of privacy and civil liberties, communications technology, and other technical or legal matters.

Under H.R. 2048, in order to access the data 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 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 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 Intelligence Community (IC) request, a modification of an IC request, or results in a change to any legal interpretation of the 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 IC tools and programs to ensure their proper use.

Additionally, the bill requires declassification of all significant opinions of the FISA court, and requires the Attorney General and the Director of National Intelligence to provide the public with detailed information about how they use these national security authorities.

The USA Freedom Act preserves essential authorities for the intelligence and law enforcement communities to protect the nation. It also allows for continued monitoring of foreign nationals for a set period of time after they enter the United States, which ensures that potentially dangerous actors won't be able to "go dark" once they enter the U.S. It also enhances investigations of international proliferations of mass destruction, and increases the maximum prison sentence for providing support to foreign terrorists.

H.R. 2048 now goes to the Senate for their consideration. The Obama Administration 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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