2024: Fitzpatrick Voted Against Prohibiting Intelligence And Law
Enforcement Agencies From Purchasing Third-Party Data Or Compelling Data
Brokers To Disclose Information Without A Court Order. In April 2024,
Fitzpatrick voted against , according to Congressional Quarterly, "the
bill, as amended, that would prohibit U.S. law enforcement and
intelligence agencies from buying data from third-party data brokers or
compelling third-party data brokers to disclose customer or subscriber
information without a court order. It would specify that information on
a U.S. customer or subscriber obtained or provided to a law enforcement
agency by a third party that violates the bill's provisions cannot be
used as evidence in any trial, hearing, court, regulatory, committee or
agency proceeding. It also would require the attorney general and U.S.
law enforcement agencies to adopt procedures to minimize the acquisition
of information that was illegitimately obtained according to the bill's
regulations. It would further require courts to apply the most stringent
standard under federal law when considering requests from law
enforcement to disclose information on customers or subscribers from
third-party data brokers. As amended, it would add Section 702 of the
1978 Foreign Intelligence Surveillance law to the exclusive means by
which the government can obtain the location information of U.S. persons
or persons inside the country. It also would create exceptions from the
bill's definition of 'covered record' for user-generated public content,
public records, background checks and Automatic License Plate Readers
(ALPR)." The vote was on passage. The House passed the bill by a vote of
219 to 199. [House Vote 136,
4/17/24; Congressional
Quarterly, 4/17/24;
Congressional Actions, H.R.
4639]
2024: Fitzpatrick Voted To Allow Intelligence And Law Enforcement
Agencies To Obtain Third-Party Data Without A Court Order If The
Information Gathered Could Be Obtained Without A Warrant. In April
2024, Fitzpatrick voted for , according to Congressional Quarterly,
"amendment no. 3 to HR 4639 that would clarify that Section 2 of the
bill, which would bar law enforcement and intelligence agencies from
obtaining from a third party records or information held by data
brokers, would not limit a governmental entity's ability to gather
information that it could obtain without a warrant." The vote was on the
amendment. The House rejected the amendment by a vote of 176 to 246.
[House Vote 135,
4/17/24; Congressional
Quarterly, 4/17/24;
Congressional Actions, H.Amdt.
885;
Congressional Actions, H.R.
4639]
2024: Fitzpatrick Voted To Include Information Regarding Illicit Drugs
In The Definition Of Foreign Intelligence Information. In April 2024,
Fitzpatrick voted for , according to Congressional Quarterly, "amendment
no. 4 to HR 7888 that would modify the definition of foreign
intelligence information in current law to include information that
relates to international production, distribution or financing of
illicit synthetic drugs, opioids, cocaine or other drugs driving
overdose deaths." The vote was on the amendment. The House adopted the
amendment by a vote of 268 to 152. [House Vote 116,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.Amdt.
879;
Congressional Actions, H.R.
7888]
2024: Fitzpatrick Voted To Reauthorize Section 702 Of The Foreign
Surveillance Act. In April 2024, Fitzpatrick voted for , according to
Congressional Quarterly, "the Reforming Intelligence and Securing
America Act, as amended, that would reauthorize Title VII of the Foreign
Surveillance Act, including section 702, for two years following the
bill's enactment. It would establish new requirements on FBI searches of
information on Americans collected through section 702, establish
accountability standards for FBI personnel who have access to such data,
and add new requirements that intelligence agencies and the FBI must
meet when applying to the Foreign Intelligence Surveillance Court for
electronic surveillance under FISA authorities. It would increase
penalties for FISA violations. It also would require the attorney
general and the director of national intelligence, for any FISA
surveillance orders or authorizations issues between Jan. 1, 2024 and
Apr. 30, 2024, to seek new orders and authorizations in accordance with
the bill's requirements, within 90 days of the bill's enactment. As
amended, the bill would permit the chairs and ranking members of the
congressional intelligence and judiciary committees, Senate majority and
minority leaders, House speaker and House minority leader to attend any
proceeding of the Foreign Intelligence Surveillance Court or of the
Foreign Intelligence Surveillance Court of Review. It also would require
the FBI, beginning no later than one year after the bill's enactment,
to submit a quarterly report to the congressional intelligence and
judiciary committees that includes the number of U.S. person queries
conducted during that quarter into foreigners' digital communications
outside the country collected under Section 702 authority. As amended,
it also would modify the definition of electronic communication service
provider in current law to include any service provider that has access
to equipment that is being or could be used to transmit or store wire or
electronic communications, not including any entity that serves
primarily as a public accommodation facility, a dwelling, a community
facility or a food service establishment." The vote was on passage. The
House passed the bill by a vote of 273 to 147. [House Vote 119,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.R.
7888]
Opponents Of The Bill Called For A Warrant Requirement For
Searches Including Information Of Americans. According to
Congressional Quarterly, "The House voted 273-147 on the measure
(HR 7888) to continue for two years Section 702 of the Foreign
Intelligence Surveillance Act, with some changes aimed at making
sure the government could not misuse the power. But the chamber was
sharply divided on whether to require the government to get a
warrant before searching for the information of Americans swept up
in the program --- an issue that repeatedly raised hurdles to House
action on reauthorization. To underscore that split, the chamber
voted 212-212 on an amendment that would have added a warrant
requirement. 'Yes' votes included 128 Republicans and 84 Democrats,
while 'no' votes included 86 Republicans and 126 Democrats.
Progressive Democrats and staunch conservatives banded together in
voting for the amendment, but the tie vote meant that the House did
not agree to add the warrant requirement by the thinnest of
margins." [Congressional Quarterly,
4/12/24]
The White House And House Intelligence Committee Stated A Warrant
Requirement Would Be Dangerous To National Security. According to
Congressional Quarterly, "But members of the House Intelligence
Committee railed against the warrant requirement as a dangerous
provision that would blind the government to national security
threats. Intelligence Chairman Michael R. Turner, R-Ohio, argued the
warrant requirement would provide constitutional rights to American
adversaries, giving them protections to communicate with people in
the U.S. and recruit them to become terrorists and spies. 'If this
amendment passes, al-Qaida will have full constitutional protections
to recruit in the United States,' he said in a floor speech. 'The
Communist party will have full constitutional protection to recruit
in the United States.' The White House released a statement Thursday
night saying the Biden administration 'strongly opposes' the warrant
amendment, saying that exemptions in the amendment would be
unworkable in practice. 'Our intelligence, defense, and public
safety communities are united: the extensive harms of this proposal
simply cannot be mitigated,' the White House said." [Congressional
Quarterly, 4/12/24]
2024: Fitzpatrick Voted To Expand The Definition Of An Electronic
Communication Service Provider Under The Bill Reauthorizing Section 702
Authority. In April 2024, Fitzpatrick voted for , according to
Congressional Quarterly, "amendment no. 6 to HR 7888 that would modify
the definition of electronic communication service provider in current
law to include any service provider that has access to equipment that is
being or could be used to transmit or store wire or electronic
communications, not including any entity that serves primarily as a
public accommodation facility, a dwelling, a community facility or a
food service establishment." The vote was on the amendment. The House
adopted the amendment by a vote of 236 to 186. [House Vote 118,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.Amdt.
881;
Congressional Actions, H.R.
7888]
2024: Fitzpatrick Voted To Include Vetting Of All Non-U.S. Individuals
Travelling To The U.S. In The Procedure To Acquire Foreign Intelligence
Information. In April 2024, Fitzpatrick voted for , according to
Congressional Quarterly, "amendment no. 5 to HR 7888 that would require
the Justice Department, in consultation with the Office of the Director
of National Intelligence, to ensure that procedures to acquire foreign
intelligence information from individuals outside the U.S. enable the
vetting of all non-U.S. individuals who are being processed for travel
to the U.S." The vote was on the amendment. The House adopted the
amendment by a vote of 227 to 193. [House Vote 117,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.Amdt.
880;
Congressional Actions, H.R.
7888]
2024: Fitzpatrick Voted Against Granting Certain Congressional
Leadership Members Access To Proceedings Of The Foreign Intelligence
Surveillance Court And Against Requiring The FBI To Annually Report On
How Many Searches On Americans Were Conducted Under Section 702. In
April 2024, Fitzpatrick voted against , according to Congressional
Quarterly, "amendment no. 2 to HR 7888 that would permit the chairs and
ranking members of the congressional intelligence and judiciary
committees, Senate majority and minority leaders, House speaker and
House minority leader to attend any proceeding of the Foreign
Intelligence Surveillance Court or of the Foreign Intelligence
Surveillance Court of Review. It also would require the FBI, beginning
no later than one year after the bill's enactment, to submit a
quarterly report to the congressional intelligence and judiciary
committees that includes the number of U.S. person queries conducted
during that quarter into foreigners' digital communications outside the
country collected under Section 702 authority." The vote was on the
amendment. The House adopted the amendment by a vote of 269 to 153.
[House Vote 115,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.Amdt.
877;
Congressional Actions, H.R.
7888]
2024: Fitzpatrick Voted Against Prohibiting Warrantless Searches On
Americans Under Section 702 Surveillance Authority. In April 2024,
Fitzpatrick voted against , according to Congressional Quarterly, the
"amendment no. 1 to HR 7888 that would prohibit federal officers and
employees from searching for information acquired under Section 702
authority to find communications or information from a U.S. person that
would require a probable cause warrant if sought for law enforcement
purposes. It would provide exceptions, including if the person is
subject to an electronic surveillance order, the officer or employee
conducting the search has a reasonable belief that an emergency exists
involving an imminent threat of death or serious bodily harm or the
search deals with cybersecurity." The vote was on the amendment. The
House rejected the amendment by a vote of 212 to 212. [House Vote 114,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.Amdt.
876;
Congressional Actions, H.R.
7888]
2024: Fitzpatrick Effectively Voted To Reauthorize An Intelligence
Surveillance Program. In April 2024, Fitzpatrick voted for , according
to Congressional Quarterly, "the rule (H Res 1137) that would provide
for floor consideration of [...] the Reforming Intelligence and
Securing America Act (HR 7888). The rule would provide for up to one
hour of debate on HR 529, H Res 1112, H Res 1117 and HR 7888. It would
also make in order six amendments to HR 7888." The vote was on the rule.
The House adopted the rule by a vote of 213 to 208. [House Vote 113,
4/12/24; Congressional
Quarterly, 4/12/24;
Congressional Actions, H.R.
7888;
Congressional Actions, H.Res.
1137]