Congressional Bill H.R. 4681 To Allow Unlimited Access Of Communications Of Every American Without Warrant

By: Rep. Justin Amash (R)
3rd Congressional District Michigan

When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote—with little debate and only a voice vote expected (i.e., simply declared "passed" with almost nobody in the room)—I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I've encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.

On Wednesday afternoon, I went to the House floor to demand a roll call vote on the bill so that everyone's vote would have to be recorded. I also sent the letter below to every representative.

With more time to spread the word, we would have stopped this bill, which passed 325-100. Thanks to the 99 other representatives—44 Republicans and 55 Democrats—who voted to protect our rights and uphold the Constitution. And thanks to my incredibly talented staff.

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Block New Spying on U.S. Citizens: Vote “NO” on H.R. 4681 (Letter Justin Amash's Staff Sent To All Congressman) 

Dear Colleague:

The intelligence reauthorization bill, which the House will vote on today, contains a troubling new provision that for the first time statutorily authorizes spying on U.S. citizens without legal process.

Last night, the Senate passed an amended version of the intelligence reauthorization bill with a new Sec. 309—one the House never has considered. Sec. 309 authorizes “the acquisition, retention, and dissemination” of nonpublic communications, including those to and from U.S. persons. The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.

To be clear, Sec. 309 provides the first statutory authority for the acquisition, retention, and dissemination of U.S. persons’ private communications obtained without legal process such as a court order or a subpoena. The administration currently may conduct such surveillance under a claim of executive authority, such as E.O. 12333. However, Congress never has approved of using executive authority in that way to capture and use Americans’ private telephone records, electronic communications, or cloud data.

Supporters of Sec. 309 claim that the provision actually reins in the executive branch’s power to retain Americans’ private communications. It is true that Sec. 309 includes exceedingly weak limits on the executive’s retention of Americans’ communications. With many exceptions, the provision requires the executive to dispose of Americans’ communications within five years of acquiring them—although, as HPSCI admits, the executive branch already follows procedures along these lines.

In exchange for the data retention requirements that the executive already follows, Sec. 309 provides a novel statutory basis for the executive branch’s capture and use of Americans’ private communications. The Senate inserted the provision into the intelligence reauthorization bill late last night. That is no way for Congress to address the sensitive, private information of our constituents—especially when we are asked to expand our government’s surveillance powers.

I urge you to join me in voting “no” on H.R. 4681, the intelligence reauthorization bill, when it comes before the House today.

/s/

Justin Amash

Member of Congress

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U.S. Representatives Who Voted NO:

Amash

Bass

Bentivolio

Blumenauer

Bonamici

Brat

Bridenstine

Brooks (AL)

Broun (GA)

Burgess

Chu

Clark (MA)

Clarke (NY)

Clawson (FL)

Cohen

Conyers

Cummings

DeFazio

DelBene

DesJarlais

Doggett

Doyle

Duncan (SC)

Duncan (TN)

Eshoo

Farr

Garamendi

Garcia

Garrett

Gibson

Gohmert

Gosar

Gowdy

Graves (GA)

Grayson

Griffith (VA)

Grijalva

Gutiérrez

Hahn

Hanabusa

Hastings (FL)

Heck (WA)

Holt

Honda

Huelskamp

Huffman

Jackson Lee

Jones

Jordan

Kaptur

Kildee

Kingston

Labrador

Lee (CA)

Lewis

Lofgren

Lowenthal

Lummis

Massie

Matsui

McClintock

McCollum

McDermott

McGovern

Meadows

Mica

Moore

Mulvaney

Nadler

Nugent

O'Rourke

Pallone

Perry

Pocan

Poe (TX)

Polis

Posey

Rangel

Ribble

Roe (TN)

Rohrabacher

Salmon

Sanford

Schakowsky

Scott, Austin

Sensenbrenner

Serrano

Speier

Stockman

Swalwell (CA)

Takano

Tierney

Tipton

Velázquez

Waters

Weber (TX)

Welch

Woodall

Yarmuth

Yoho

Justin A. Amash is an attorney, and Republican member of Congress. In January 2011, he began serving as the U.S. Representative for Michigan's 3rd congressional district.