Let's talk about FISA

Let's talk about fisa

This week, FISA was Washington’s favorite F word. House Republicans passed a smart, reasonable bill that reauthorizes Section 702 of this important national security program for two years, allowing Congress and the next administration to work on timely reforms that strengthen the safeguards already in place to protect Americans against unconstitutional, warrantless FBI surveillance.

FISA Section 702 is critical to our national security; however, many Americans are understandably concerned that it could be weaponized against them. That’s why today, I wanted to break down what FISA Section 702 is, why it’s important, and how we can ensure Americans’ Fourth Amendment rights are protected.

FISA stands for the Foreign Intelligence Surveillance Act and was passed in 1978 to strengthen our national security. There are two primary components of this bill that often come up in FISA debate: Section 702, which Congress reauthorized this week, and Title 1, which is permanent law and not subject to reauthorization.

Title 1 of FISA does allow for the surveillance of US citizens. In order for the FBI to exercise this authority, it must obtain a warrant from the Foreign Intelligence Surveillance Court. The warrant is granted if the FBI can prove that the citizen they are targeting is a foreign power or agent of foreign power. Essentially, if you pose a national security threat by helping a hostile foreign nation, the FBI can access your communications. We need to have discussions about how this tool is used and ensure that American citizens’ rights are protected; however, the vote the House took this week does not touch Title 1, meaning it did not change or impact any activities involving American citizens.

Instead, the House voted to reauthorize Section 702, which allows our intelligence agencies to surveil non-citizens outside of the United States, such as bad actors in North Korea or ISIS members, without a warrant. It also gives both Congress and the Judicial Branch oversight over these highly sensitive activities. This is an incredibly important tool that we cannot afford to lose. It has prevented numerous terrorist attacks on U.S. soil and is a strong line of defense against bad actors.

I want to make this point clear: Section 702 does not allow for surveillance of American citizens. Any abuse of this authority is unconstitutional and will not be tolerated.

Now, we cannot just take the FBI for its word and trust that it won’t violate Americans’ rights, especially right now when it is being routinely weaponized against this administration’s political opponents. That’s why Congress added 55 additional safeguards in this two-year authorization protecting Americans’ rights. In addition to existing law requiring a warrant to surveil Americans, this bill:

Cuts over 90% of the FBI out of U.S. person queries.
Prohibits the FBI from querying for evidence of a crime.
Creates specific criminal liability for 702 leaks.
Makes FBI compensation contingent on query compliance.
Mandates independent audits of all FBI U.S. person queries.
Creates enhanced criminal penalties for those who violate FISA, leak FISA applications, or lie to the FISA Court.
Gives the FISA Court the authority to prosecute for contempt.
Prohibits using political opposition research (like the Steele dossier) and press reports to get a FISA order.
Court proceedings must be transcribed and given to Congress.
Assigns counsel to scrutinize U.S. person surveillance applications.
Requires the same FISA Court judge to rule on surveillance extensions.

Additionally, this bill only authorizes the program for two years, meaning the next administration will be able to reform it in a timely manner.

While skeptics of this bill are right to be weary of government surveillance, this week’s vote will not, does not, and cannot give any federal agency authority to access your communications. We need FISA to protect against terrorist attacks, and we need to reform it over the next two years so that it includes every protection possible for U.S. citizens.

Buddy's briefing

In this week's edition of Buddy's Briefing, we are discussing how inflation is directly impacting Georgia households, and House Republicans' commitment to put a stop to it.

From our nation's capitol cdliv

Monday, April 8, 2024: After a radio interview with WCGA in Brunswick to discuss funding for Ukraine, I join in on an Energy and Commerce (E&C) Committee member call to discuss the American Privacy Rights Act, draft comprehensive data privacy legislation negotiated between House E&C Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA). By setting clear, national data privacy rights and protections for Americans and eliminating the existing patchwork of state comprehensive data privacy laws, this bipartisan, bicameral legislation will give Americans the ability to enforce their privacy rights when their rights are violated. E&C Chair Cathy McMorris Rodgers (R-WA), who has announced her retirement at the end of this session, has worked on this extremely important issue for years and is determined to see it become law before she leaves Congress. Because it is a draft document, it will now go through the committee process in each chamber where it will be discussed and marked up. Afterwards, I head to Tybee Island in Chatham County where I attend the monthly meeting of the Friends of Cockspur Lighthouse, one of the many volunteer committees in our District dedicated to maintaining our heritage. The iconic Cockspur Island Lighthouse is located in the south channel of the Savannah River by Lazaretto Creek and is a great example of the beauty of our District. If not for the efforts of these great volunteers with the Friends of Cockspur Lighthouse working with the National Park Service, it would have disappeared years ago. Once back in our Savannah District office, I have a podcast interview with Wireless Watercooler to discuss my work on the E&C Committee dealing with broadband and high-speed internet distribution throughout our country.

Rep. Carter meets with Friends of Cockspur Lighthouse

Tuesday, April 9, 2024: My day begins by joining in on an all staff conference call before having a series of virtual meetings with staff including a scheduling meeting, communications meeting, and legislative meeting. Next, I have a virtual meeting with staff from the E&C Environment, Manufacturing and Critical Materials (ENV) Subcommittee that I Chair to discuss our work for the week. Early in the afternoon, I attend the funeral of my dear friend, Kevin “Catfish” Jackson, at Christ Church Episcopal in downtown Savannah. The only thing bigger than Catfish’s personality was his heart and he showed it through his love for his family, friends and our community. His passing leaves a big void in our community and in our hearts. Afterwards, I head to the Savannah Airport where I host a virtual roundtable discussion with Rep. John Joyce (R-PA), vice chair of the E&C ENV subcommittee, business leaders, and trade association leaders from the Chemistry Industry to discuss the Chemical Facility Anti-Terrorism Standards (CFATS). This regulation, which impacts our nation’s chemical security by ensuring that any facility identified as high-risk by the Cybersecurity and Infrastructure Security Agency (CISA) maintains certain security measures, expired on July 28, 2023, and has not been renewed. After a great discussion, I board my return flight to Washington, D.C.

Rep. Carter honors Kevin "Catfish" Jackson

Wednesday, April 10, 2024: After attending a Conservative Climate Caucus roundtable discussion with CEO’s from the American Clean Power Executive board to discuss the shift to clean energy, I head back to our office where I have an on camera interview with Garrett Haake of NBC Nightly News to discuss EV plants being built in Georgia. Next, I head to our weekly GOP Conference meeting where we discuss our plans for voting to extend the Foreign Intelligence Surveillance Act (FISA) before heading to an E&C Health Subcommittee hearing on telehealth services. Once back in our office, I have meetings with the National Pecan Federation, the Vice Prime Minister of Romania, Mr. Catalin Predoiu, the American Water Works Association (AWWA), and my good friend and former congressional colleague, Carlos Curbelo. Afterwards, I head off Capitol Hill to a meeting with representatives from the timber industry before heading back to the House Chamber for our only vote series of the day and remain in the Chamber afterwards to pay tribute to former Thomas and Hutton Engineering CEO Bill Foster who recently passed. Next, I head back to our office where I meet with the Southeast Permanente Medical Group, Healthcare Distribution Alliance (HDA) and Georgia Motor Trucking Association (GMTA). After a member-only conference meeting where we discuss FISA, I head off Capitol Hill for a couple of meetings.

Rep. Carter speaks at Health Subcommittee Hearing

Thursday, April 11, 2024: After our weekly GOP Doctor’s Caucus meeting where we hear from Roger Connor, CEO of Optum Insight regarding their recent cyberattack, I head off Capitol Hill where I bring welcoming comments to The Linen, Uniform and Facility Services Association who are in town this week. Next, I head to an E&C member meeting where we discuss the American Privacy Rights Act draft before heading back to our office where I meet with E&C staff regarding energy supply chains before heading to the House Chamber for a Joint Session of Congress where we hear from Japanese Prime Minister Fumio Kishida. Afterwards, I head to an E&C Communications and Technology (C&T) Subcommittee hearing on Section 230 before heading back to our office to meet with the Independent Insurance Agents of Georgia (IIAG), Textile Rental Services Association of America and the South Korean Minister of Trade, AHN Dukgeun. After joining in on our all-staff conference call, I head back to the House Chamber for our only vote series of the day and afterwards pay tribute to former Young Harris Admissions Director Bud Dyer who recently passed. Next, I head to a number of events off Capitol Hill including an in-person interview with Axios to discuss energy issues and my new role as Chair of the E&C ENV Subcommittee.

Rep. Carter speaks at Axios event

Friday, April 12, 2024: In what is a very rare early start for votes, we have our first vote series of the day at 8:45 AM this morning and afterwards I head off Capitol Hill where I participate in a very informative roundtable discussion with Commissioner Nathan Simington of the Federal Communications Commission (FCC) to discuss the path forward with big tech before heading back to our offices then heading back to the House Chamber for our second and final vote series of the day. Afterwards, I remain in the Chamber and pay tribute to Sherry Danello from Savannah who has recently been inducted into the Georgia Nursing Hall of Fame. Later, I return to our office where I film this week’s edition of Buddy’s Briefings and Material Minute.

Rep. Carter Celebrates the Achievements of Sherry Danello

votes in the house this week

Click here to see this week's vote sheet in the House of Representatives.