S.Amdt. 1584 (Lee) to H.R. 6172 (116th): To improve the amicus provisions and require the disclosure of relevant information.

Did the Vote Pass? Yes
Voted Yea 75
Voted Nay 19
Didn't Vote 4
Voted Present 0

This amendment greatly expands the instances under which amici curiae may be appointed to present some semblance of an adversarial process in Foreign Intelligence Surveillance Court (FISC) proceedings. Obviously, it would defeat the point of a legitimate surveillance order to have the target be able to represent themselves in front of the FISC, but the Lee/Leahy amendment insists that amici with expertise in privacy and civil liberties be present to ensure a fair proceeding in their stead in a number of instances.

At their discretion, the FISC would be expected to appoint an amicus in FISA applications involving: new interpretations of law; First Amendment-protected activities; persons affiliated with political campaigns, religious organizations, or domestic new media; the use of new surveillance technologies; or other civil liberties concerns. This would greatly increase the likelihood that abuses of surveillance authorities, including both the NSA’s mass surveillance of Americans revealed by Edward Snowden and the FBI’s abuse of the same against President Trump’s campaign, would be discovered and flagged before they got out of hand.

The government would also be explicitly required to disclose all possible exculpatory evidence that may undercut the need for a surveillance order to both the FISC and the amicus. The importance of such a requirement is highlighted by both the Carter Page incident during the Trump campaign, in which information about Page being an intelligence asset was withheld from the FISC. Recent revelations that the FBI also withheld exculpatory evidence in their investigation of General Flynn, as well, further calls that the disclosure of such information be explicitly demanded.

Legislator's Votes

Official's Name	Party	District	Voted
Tammy Baldwin	Democrat	WI	Yea
John Barrasso	Republican	WY	Yea
Michael Bennet	Democrat	CO	Yea
Marsha Blackburn	Republican	TN	Yea
Dick Blumenthal	Democrat	CT	Yea
Cory Booker	Democrat	NJ	Yea
Mike Braun	Republican	IN	Yea
Sherrod Brown	Democrat	OH	Yea
Maria Cantwell	Democrat	WA	Yea
Ben Cardin	Democrat	MD	Yea
Tom Carper	Democrat	DE	Yea
Bob Casey	Democrat	PA	Yea
Bill Cassidy	Republican	LA	Yea
Susan Collins	Republican	ME	Yea
Chris Coons	Democrat	DE	Yea
Catherine Cortez Masto	Democrat	NV	Yea
Kevin Cramer	Republican	ND	Yea
Mike Crapo	Republican	ID	Yea
Ted Cruz	Republican	TX	Yea
Steve Daines	Republican	MT	Yea
Tammy Duckworth	Democrat	IL	Yea
Dick Durbin	Democrat	IL	Yea
Mike Enzi	Republican	WY	Yea
Joni Ernst	Republican	IA	Yea
Dianne Feinstein	Democrat	CA	Yea
Cory Gardner	Republican	CO	Yea
Kirsten Gillibrand	Democrat	NY	Yea
Chuck Grassley	Republican	IA	Yea
Maggie Hassan	Democrat	NH	Yea
Josh Hawley	Republican	MO	Yea
Martin Heinrich	Democrat	NM	Yea
Mazie Hirono	Democrat	HI	Yea
John Hoeven	Republican	ND	Yea
Ron Johnson	Republican	WI	Yea
Tim Kaine	Democrat	VA	Yea
John Kennedy	Republican	LA	Yea
Angus King	Independent	ME	Yea
Amy Klobuchar	Democrat	MN	Yea
James Lankford	Republican	OK	Yea
Patrick Leahy	Democrat		Yea
Mike Lee	Republican	UT	Yea
Kelly Loeffler	Republican	GA	Yea
Ed Markey	Democrat	MA	Yea
Martha McSally	Republican	AZ	Yea
Bob Menendez	Democrat	NJ	Yea
Jeff Merkley	Democrat	OR	Yea
Jerry Moran	Republican	KS	Yea
Lisa Murkowski	Republican	AK	Yea
Chris Murphy	Democrat	CT	Yea
Rand Paul	Republican	KY	Yea
David Perdue	Republican	GA	Yea
Gary Peters	Democrat	MI	Yea
Rob Portman	Republican	OH	Yea
Jack Reed	Democrat	RI	Yea
Jim Risch	Republican	ID	Yea
Jacky Rosen	Democrat	NV	Yea
Mike Rounds	Republican	SD	Yea
Brian Schatz	Democrat	HI	Yea
Chuck Schumer	Democrat	NY	Yea
Tim Scott	Republican	SC	Yea
Rick Scott	Republican	FL	Yea
Jeanne Shaheen	Democrat	NH	Yea
Kyrsten Sinema	Independent	AZ	Yea
Tina Smith	Democrat	MN	Yea
Debbie Stabenow	Democrat	MI	Yea
Dan Sullivan	Republican	AK	Yea
Jon Tester	Democrat	MT	Yea
Thom Tillis	Republican	NC	Yea
Pat Toomey	Republican	PA	Yea
Tom Udall	Democrat	NM	Yea
Chris Van Hollen	Democrat	MD	Yea
Elizabeth Warren	Democrat	MA	Yea
Sheldon Whitehouse	Democrat	RI	Yea
Roger Wicker	Republican	MS	Yea
Ron Wyden	Democrat	OR	Yea
Roy Blunt	Republican	MO	Nay
John Boozman	Republican	AR	Nay
Richard Burr	Republican		Nay
Shelley Capito	Republican	WV	Nay
John Cornyn	Republican	TX	Nay
Tom Cotton	Republican	AR	Nay
Deb Fischer	Republican	NE	Nay
Lindsey Graham	Republican	SC	Nay
Cindy Hyde-Smith	Republican	MS	Nay
Jim Inhofe	Republican	OK	Nay
Joe Manchin	Democrat	WV	Nay
Mitch McConnell	Republican	KY	Nay
Pat Roberts	Republican	KS	Nay
Mitt Romney	Republican	UT	Nay
Marco Rubio	Republican	FL	Nay
Richard Shelby	Republican	AL	Nay
John Thune	Republican	SD	Nay
Mark Warner	Democrat	VA	Nay
Todd Young	Republican	IN	Nay
Lamar Alexander	Republican	TN	Missed
Patty Murray	Democrat	WA	Missed
Bernie Sanders	Independent	VT	Missed
Ben Sasse	Republican	NE	Missed