During consideration of the Foreign Intelligence Surveillance Act (FISA, H.R. 6172), Senator Rand Paul (R-Ky.) introduced an amendment to prohibit the use of certain methods to collect information concerning a U.S. person under FISA authorities. Specifically, it would prohibit the collection of electronic surveillance, physical search of premises or property, use of pen register and “trap and trace” phone number identification devices, production of tangible things, and targeting for acquisition of information of a U.S. person. It would require a warrant issued by a non-FISA federal court for the use of such methods.
The Senate rejected Paul’s amendment on May 14, 2020 by a vote of 11 to 85 (Roll Call 91). We have assigned pluses to the yeas because this amendment seeks specifically to limit FISA authorities and place specific surveillance powers in the hands of non-FISA courts.
