Peoria Standard

Washington, D.C. – Congressman Darin LaHood (IL-16) and the House Permanent Select Committee on Intelligence have released a report titled "FISA Reauthorization: How America's Most Critical National Security Tool Must Be Reformed to Continue to Save American Lives and Liberty." The report, issued by the Majority FISA Working Group, highlights the necessary reforms to the FISA Section 702 authority.

"The extensive HPSCI report outlines the important reforms needed in order to responsibly reauthorize FISA before the end of the year," said Rep. LaHood. "Allowing this critical national security tool to expire would put our country at greater risk. However, there have been too many abuses of the program, and it must be reformed to protect the rights and privacy of American citizens."

The report addresses several key points regarding the FISA program. First, all federal courts have determined that Section 702 is constitutional, particularly in cases involving foreign nationals located abroad with no substantial connections to the United States. The report cites the U.S. Courts of Appeals for the Second, Ninth, and Tenth Circuits, as well as the Foreign Intelligence Surveillance Court, which has consistently found Section 702 collection to be constitutional under the Fourth Amendment.

Furthermore, the report clarifies that Foreign Intelligence Surveillance Court judges are Senate-confirmed Article III judges. This means that the judges who preside over the court are appointed by the Chief Justice of the Supreme Court and serve a maximum term of seven years. They are selected from various judicial circuits across the United States, ensuring continuity and diversity on the court.

To dispel some popular myths surrounding FISA, the report includes a myth vs. reality chart. It clarifies that Section 702 collection only targets specific types of foreign intelligence information and does not collect on all foreigners. Additionally, if a U.S. person communicates with a target of Section 702 collection, only the specific correspondence in which the foreign target is a party is collected.

The report also highlights President Trump's support for the previous Section 702 reauthorization. During the signing of the FISA Amendments Reauthorization Act of 2017, President Trump emphasized the importance of protecting the safety and security of the nation through this intelligence program.

In addition to the reforms needed for Section 702, the report presents 45 proposals for overall FISA reform. These proposals aim to address concerns such as preventing abuses in querying, preventing another Carter Page abuse, fixing and opening up the FISA Court, and addressing political and national security concerns.

Among the proposed provisions are restrictions on FBI personnel who can authorize a U.S. person query, the requirement for a warrant to conduct a query on an American for evidence of a crime, and the creation of criminal liability for leaks of a U.S. person's communications. The report also suggests measures to enhance the FISA Court's authority, such as allowing Members of Congress to attend court hearings and requiring transcriptions to be made available to Congress.

This comprehensive report lays the groundwork for much-needed reforms to the FISA program. Congressman LaHood and the House Permanent Select Committee on Intelligence are committed to protecting the rights and privacy of American citizens while ensuring the effectiveness of this critical national security tool.

For additional details, please follow this link: https://lahood.house.gov/2023/11/lahood-intelligence-committee-release-fisa-report-section-702-must-be-reformed