The House Intelligence Committee, through Rep. Mike Rogers (R., Mich.) and Rep. C.A. “Dutch” Ruppersberger (D., Md.), is scheduled to introduce a proposed bill Tuesday that does not go as far as Obama's bill.
The Wall St. Journal reports that under Obama's proposal, a FISA judge would have to approve the data search beforehand, rather than after the fact. The House bill would not require the court order to issue first.
Mr. Ruppersberger said waiting days to obtain court approval won’t work. “You can’t gather intelligence that way,” he said. “It takes too long.”
Also,
The House intelligence committee bill doesn’t require a request be part of an ongoing investigation, Mr. Ruppersberger said, because intelligence probes aim to uncover what should be investigated, not what already is under investigation.
According to the Washington Post:
The Foreign Intelligence Surveillance Court, which oversees the program, would have to approve each number as having likely ties to a suspected terrorist or terrorist group.
The House bill to be introduced Tuesday, unlike Obama's proposal, is not expected to require the NSA to show a connection to terrorist activity.
Obama will support one more 90 day renewal of the current NSA program by the FISA Court.
A draft proposal of the House bill, dated March 21, 2014, is here.
Shorter version of Obama's proposal: Records will still be collected, they will just be held by the phone company or service provider rather than the NSA. A FISA court order will be required for the NSA to access specific phone records from the providers. For each request, the NSA will have to show some kind of connection to terrorist activity. The NSA will be able to request data "two hops" away from the target phone number (rather than "three hops.") Providers won't have to retain data longer than 18 months.
The House bill sounds like a loser. It seems like it will codify some of the NSA's practices. Obama's proposal is better. Even better yet would be to stop the collection altogether, and short of that, to allow notice to the target and an opportunity to be heard by a court. Also, these proposals don't address the collection of foreign data, and it's not clear whether what other data it will apply to besides phone records, such as location information, business records (money transfers) and internet data.