2024: Schweikert Voted To Prohibit Intelligence And Law Enforcement Agencies From Purchasing Third-Party Data Or Compelling Data Brokers To Disclose Information Without A Court Order. In April 2024, Schweikert voted for , 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: Schweikert Voted Against Allowing 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, Schweikert voted against , 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: Schweikert Voted Against Including Information Regarding Illicit Drugs In The Definition Of Foreign Intelligence Information. In April 2024, Schweikert voted against , 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: Schweikert Voted Against Reauthorizing Section 702 Of The Foreign Surveillance Act. In April 2024, Schweikert voted against , 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: Schweikert Voted Against Expanding The Definition Of An Electronic Communication Service Provider Under The Bill Reauthorizing Section 702 Authority. In April 2024, Schweikert voted against , 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: Schweikert Voted Against Including Vetting Of All Non-U.S. Individuals Travelling To The U.S. In The Procedure To Acquire Foreign Intelligence Information. In April 2024, Schweikert voted against , 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: Schweikert Voted To Grant Certain Congressional Leadership Members Access To Proceedings Of The Foreign Intelligence Surveillance Court And To Require The FBI To Annually Report On How Many Searches On Americans Were Conducted Under Section 702. In April 2024, Schweikert voted for , 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: Schweikert Voted To Prohibit Warrantless Searches On Americans Under Section 702 Surveillance Authority. In April 2024, Schweikert voted for , 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: Schweikert Effectively Voted To Reauthorize An Intelligence Surveillance Program. In April 2024, Schweikert 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]