The U.S. House of Representatives on Wednesday, May 13, overwhelmingly advanced a bill that would cease the National Security Agency’s bulk collection of phone records.
The USA Freedom Act, bipartisan legislation approved in a 338-88 vote, would alter the Patriot Act to prohibit the NSA from mass collecting metadata associated with telephone calls made by Americans. However, while the House version of the bill bans the government from gathering this information, it does not deny access to the information. Telecommunication companies like AT&T, Sprint and Verizon would retain the metadata – the records of phone numbers, call dates and durations – which they currently keep for billing purposes and hold on to from anywhere between 18 months to five years.
If Congress fails to reach a compromise by June 1, the NSA’s existing authority under Section 215 of the 2001 Patriot Act will expire. In addition to the phone records program, other intelligence agencies the government says are essential in preventing and detecting terrorist attacks will lapse.
“I think we have found an equilibrium on how to protect both security and privacy,” said Rep. Adam Schiff (D-Calif.), the ranking Democrat on the House Intelligence Committee. “These issues are not going away. I think the fact that the public is becoming much more united on how we balance these dual imperatives has ripened in a very constructive way.”
House Speaker John Boehner (R-Ohio) was among representatives who backed the bill, saying it would protect foreign intelligence capabilities and encouraged the Senate to follow suit.
“All I know is, these programs expire at the end of the month. They are critically important to keep Americans safe. The House is going to act, and I would hope the Senate would act soon as well,” Boehner said.
Both House Democrats and Republicans spoke in support of the measure Wednesday on the floor, including Rep. Will Hurd (R-Tex.), a former CIA officer.
“I’ve seen firsthand the value these programs bring, but I also know if Americans don’t feel they can trust their own government, we’re losing the battle right here at home,” he said.
Not all Republican Senate leaders, however, believe such reform is necessary given the imminent deadline. Some want the NSA to maintain its ability to collect data as it does currently to prevent terrorist attacks. Sen. John Coryn (R-Texas), top leadership deputy to Senate Majority Leader Mitch McConnell, defended the surveillance programs in place and said critics exaggerate the threats to civil liberties.
“I believe if we allow these provisions to expire, our homeland security will be at a much greater risk,” Cornyn said. “It’s not enough to say to the American people, ‘Well, we will deploy all of the tools available to law enforcement to prosecute the person that murders innocent people.’ We need to keep the commitment to protect them from that innocent slaughter in the first place, and the only way we do that is by using legitimate tools of intelligence, like this program.”
On the opposite end of the spectrum, some Republican lawmakers, such as Sen. Rand Paul from Kentucky, a presidential hopeful, wish for the NSA program to expire completely.
The USA Freedom Act is unlikely to endure the relatively small amount opposition it did in the House when it reaches the Senate, whose members are more divided on the issue. The bill faces stiff resistance from McConnell, while Paul is pushing for stricter regulations on data collection.
Among other provisions under the House bill include granting technology companies more leeway to report on the amount of national security data requests. It would also require the Foreign Intelligence Surveillance Court, which meets behind closed doors, to disclose significant legal decisions to the public.
Despite the alterations, Sen. Richard Burr (R-N.C.), chairman of the Senate Intelligence Committee, sees minimal difference between allowing the current program to expire and approving the House bill.
“When you do away with bulk storage, you basically have an unworkable system in real time, and part of this program’s design is that it works in real time. We’re ahead of a threat. We don’t want to be behind a threat.”
Some senators suggested a brief extension of the Patriot Act while the Senate negotiates on the issue. However, it is unclear whether either chamber would allow for that to happen.
“I don’t think it is going to fly with those who want reform,” Schiff said.
Sen. Cory Gardner (R-Colo.) agreed.
“I don’t think we can have a straight-up authorization for long term. If there has to be some kind of short-term provision put in place, we can have those conversations, but I don not believe we should have an authorization without changes.”
(With reports from The New York Times and The Washington Post)
