House to Vote on Surveillance Bill After Trump Says He’s Opposed

(Bloomberg) -- The House plans to vote Wednesday on legislation to aid federal tracking of suspected terrorists and spies even as President Donald Trump called for “all Republican House members” to oppose it.

The bill, already passed 80-16 on May 14 by the Senate, would restore three provisions of the Foreign Intelligence Surveillance Act that allow the collection of business and other records of individuals through the FISA court.

The provisions expired March 15.

But on the eve of the House vote, Trump in a tweet on Tuesday night, urged Republican representatives to “vote NO on FISA until such time as our Country is able to determine how and why the greatest political, criminal, and subversive scandal in USA history took place!”

While the president didn’t elaborate, he has repeatedly accused members of the Justice Department and the FBI of misconduct in the alleged misuse of FISA to spy on his 2016 presidential campaign.

House Minority Leader Kevin McCarthy on Tuesday night asked Democratic leaders to postpone the planned vote on Wednesday, according to an official familiar with the matter, who added that McCarthy’s request was in response, at least in part, to Trump’s tweet.

Beyond what the Senate passed, bicameral divisions also have emerged over a Democratic plan to allow a vote on an an amendment intended to bar warrantless collection of Americans’ internet search histories. A similar proposal failed in the Senate by one vote.

Senate Backs Revival of Lapsed Surveillance Authorities

If passed with that change -- sponsored by California Democrat Zoe Lofgren and Ohio Republican Warren Davidson -- the measure would be sent back to the Senate to resolve the differences between the two bills.

House Intelligence Chairman Adam Schiff, who is backing the amendment, said it “would prevent use of FISA’s business records provision to seek to obtain a U.S. person’s internet browsing and search history information.”

The underlying bill was the product of bipartisan House negotiations with Attorney General William Barr, and passed with overwhelming bipartisan support in the House, although Trump is now urging House Republicans to vote against it.

The measure would also let the government get so-called roving wiretaps targeting suspects who frequently change phone lines or use so-called burner devices.

The Senate version also includes a provision to bolster legal protections for targets of government surveillance and require federal authorities to provide exculpatory evidence to the special FISA court when seeking a warrant.

Upon the Senate bill’s passage, Justice Department national security spokesman Marc Raimondi criticized that provision, saying it “would unacceptably degrade our ability to conduct surveillance of terrorists, spies and other national security threats.”

If the House adopts the additional amendment by Lofgren and Davidson requiring a warrant to collect Americans’ internet search history, that would delay delivering the bill to the White House. The amendment is also backed by Judiciary Chairman Jerrold Nadler.

“Without this prohibition, intelligence officials can potentially have access to information such as our personal health, religious practices, and political views without a warrant,” Lofgren said.

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