Rep. Justin Amash (R-Mich.) on Wednesday dubbed an intelligence authorization bill that sailed easily to passage in the House “one of the most egregious sections of law I’ve encountered during my time as a representative.” The libertarian-leaning lawmaker said that the legislation grants the government “unlimited access” to the private communications of all Americans.
Amash’s issue was with Sec. 309 of the fiscal year 2015 rendition of the Intelligence Authorization Act, a new which authorizes “the acquisition, retention, and dissemination” of nonpublic communications. The nonpublic communications mentioned include those to and from U.S. persons, according to the lawmaker.
In a letter urging his House colleagues to reject the Senate-approved bill in a recorded vote, Amash contends that the communications data collected without a court order could end up in the hands of law enforcement agencies conducting 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,” he wrote. “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 the Sec. 309 provision have argued that it is a surveillance reform because the measure includes language limiting the executive branch’s power to retain private communications data beyond five years. But Amash noted that the executive branch already follows a similar policy, effectively making the provision a way to provide a “novel statutory basis for the executive branch’s capture and use of Americans’ private communications.”
In other words, Sec. 309 institutionalizes the very actions it is supposedly intended to limit. The executive branch currently carries out the type of data collection in question under an executive order dating back to the Reagan administration. Congress’ acknowledgement of the tactics represents a troubling new stamp of legislative approval, Amash said.
The lawmaker also took issue with the way in which Sec. 309 made its way into the intelligence bill.
“The Senate inserted the provision into the intelligence reauthorization bill late [Tuesday] night,” he wrote. “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.”
Despite Amash’s last-ditch effort to block the provision, House lawmakers followed the Senate’s lead and passed the 2015 bill in a voice vote, 325-100.
Amash was joined by 44 Republicans and 55 Democrats in voting “no” to the bill. For a full list of lawmakers who rejected the measure, visit Amash’s Facebook page.
