Murphy Supports FISA Section 702 Reauthorization, Reforming Surveillance Abuse
Washington, D.C. — Today, Congressman Greg Murphy, M.D. issued the following statement after voting in favor of H.R. 7888, the Reforming Intelligence and Securing America Act. This legislation includes 56 key reforms and reauthorizes FISA Section 702 to maintain national security while protecting Americans' privacy. Moreover, the measure addresses recent abuses by the Intelligence Community that have come to light. The bill passed 273-147.
“Protecting our nation’s security while preserving Americans’ constitutional right to privacy is an intricate and consequential task,” said Congressman Greg Murphy, M.D.“We live in a world of increasingly dangerous circumstances and we must ensure the safety of our communities, especially given the millions of illegal individuals let in by the Biden administration over the last few years. China, Russia, Iran, and hosts of other hostile actors are actively working to make our country less safe. On the other hand, abuse of power by any entity is completely unacceptable and must be held accountable to the fullest extent of these new laws.”
“We must carefully address privacy concerns while enabling our intelligence agencies and law enforcement to effectively keep American citizens safe. After considering several meaningful amendments, the House of Representatives passed a bill that balances these competing priorities and earned my support.”
This legislation includes the following:
- 15 provisions stopping FBI querying abuses:
- Cuts over 90% of the FBI out of U.S. person queries.
- Prohibits the FBI from querying for evidence of a crime.
- Creates specific criminal liability for 702 leaks.
- Makes FBI compensation contingent on query compliance.
- Mandates independent audits of all FBI U.S. person queries.
- 14 provisions to prevent another Russia Hoax:
- Creates enhanced criminal penalties for those who violate FISA, leak FISA applications, or lie to the FISA Court.
- Gives the FISA Court the authority to prosecute for contempt.
- Prohibits using political opposition research (like the Steele dossier) and press reports to get a FISA order.
- 5 provisions to fix and increase transparency of the FISA Court:
- Court proceedings must be transcribed and given to Congress.
- Assigns counsel to scrutinize U.S. person surveillance applications.
- Requires the same FISA Court judge to rule on surveillance extensions.
Please see below for my analysis on amendments to the bill:
Read Amendment #1 here.
“This amendment gained the most attention because it addressed an essential characteristic of American freedom, the right to privacy,” said Congressman Greg Murphy, M.D. “I read through this amendment thoroughly and understand its complexities. The underlying bill does not permit haphazard surveillance of American citizens, and this amendment would severely undermine the ability of our nation’s Intelligence Community to do its job to uncover actionable national security threats in real time. I opposed this amendment.”
Here are examples:
- Prohibits the Intelligence Community (IC) from learning about shipments of fentanyl or its chemical precursors to the U.S.
- Prevents the IC from disrupting foreign adversaries’ plans to acquire U.S. technology to enhance their weapons programs.
- Restricts the IC from preventing targeting of U.S. installations and personnel overseas.
- Prevents the government from uncovering information about terrorist threats to public events within the U.S.
- Prevents the government from thwarting foreign terrorist groups attempting to carry out assassinations within the U.S.
Read Amendment #2 here.
“This amendment, while perhaps well-intentioned, severely exposes our secrets,” said Congressman Greg Murphy, M.D.“While I support increasing transparency, we do not want too many hands in the cookie jar. If enacted, partisan politicians and dozens of congressional staffers would be granted the ability to attend FISA Court proceedings and access to extremely sensitive data on American intelligence operations, increasing the risk of damaging leaks. I opposed this amendment.”
Read Amendment #3 here.
“This amendment cracks down on international drug traffickers by enabling the Intelligence Community to specifically target foreign narco-traffickers and enable the government to better combat the flow of deadly narcotics, including fentanyl, into the country,” said Congressman Greg Murphy, M.D.“I supported this amendment.”
Read Amendment #4 here.
“This amendment improves screening and vetting of foreign individuals, applying to travel both in and out of the United States, for links to foreign terrorism or espionage,” said Congressman Greg Murphy, M.D.“I supported this amendment.”
Read Amendment #5 here.
“This amendment fixes a dangerous intelligence loophole that allows foreign adversaries to evade surveillance,” said Congressman Greg Murphy, M.D.“It updates the definition of ‘electronic communication service provider,’ while explicitly excluding businesses such as food service establishments, public accommodation facilities, dwellings, and community facilities. I supported this amendment.”