Burr Seeks Reauthorization of Dormant Post-9/11 Phone Surveillance Program
Senate Intelligence Committee Chairman Richard Burr, R-N.C., wants to reauthorize the Section 215 phone surveillance program, despite reports NSA might let it expire (see 1904240068). “We plan to reauthorize it. It’s a valuable program,” Burr told us. Ranking member Mark Warner, D-Va., is skeptical, but said he's open to hearing arguments for reauthorization.
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NSA reportedly was considering recommending an end to the USA Freedom Act surveillance program, set to expire in December. Another report suggested the White House is seeking permanent renewal. NSA and the White House declined comment.
Warner noted repeated signals the program is nearing its end. “I don’t think they’ve made a strong case yet” for reauthorization, he said in an interview. “We keep hearing that they’re going to let it expire, but they haven’t acted yet.” Warner wrote Director of National Intelligence Dan Coats and NSA Director Paul Nakasone in March saying he was open to hearing arguments for continuing the program.
Section 215 hadn’t been used for the past six months, an aide for Rep. Kevin McCarthy, R-Calif., said in March (see 1903050028), questioning the administration’s desire to continue Section 215.
Sen. Ron Wyden, D-Ore., remains strongly opposed to reauthorization. “This program was born in secrecy [and] hasn’t prevented any terrorist attacks,” he said. “I think this program defies common sense and ought to go.” Wyden, Sen. Rand Paul, R-Ky., and Reps. Justin Amash, R-Mich., and Zoe Lofgren, D-Calif., introduced legislation in March that would shut down the program.
Wyden noted in a recent statement that the national intelligence director’s annual transparency report was “silent” on program status and provided only partial accounting of Section 215 collection. He described it as “incomplete” because the intelligence community claims it can’t “count anything it receives in hard copy of portable media.” But the report shows the NSA collected some 434 million phone records in 2018 using Section 215, compared with 534 million in 2017. Civil liberties groups urged the House Judiciary Committee in March to hold public hearings so intelligence officials could disclose (see 1903180057) how many Americans have had data collected under Section 215 and Section 702 of the Foreign Intelligence Surveillance Act.
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., said he would be “concerned” if the NSA wants to end Section 215. “I need to talk to Richard Burr about that,” he said.
Sen. Marco Rubio, R-Fla., told us he believes it’s a useful program and should continue: “I would look to hear their justification” if the agency recommends ending the program.
Sen. Angus King, I-Maine, didn’t offer an opinion, saying he wants to understand officials’ thinking: “I want to dig into it because of course over the past four or five years we’ve been told how important it is, and suddenly it doesn’t seem to be as important. So I want to understand what the reasoning is.”