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NextImg:Now is the chance for Republicans to reform the FBI

Since taking over the House of Representatives in January, Republicans have wielded their gavels to investigate the FBI . But with only the House in GOP hands, the question remains: can Republicans legislate to make the bureau more accountable in the future?

The answer, perhaps surprisingly, is yes. Even more surprisingly: Republicans have a clear chance to enact meaningful FBI reforms before the end of this year.

GOP SENATORS LOOK TO CRACK DOWN ON FOREIGN ESPIONAGE WITH TOUGHER REPORTING REQUIREMENTS

A new proposal from House Intelligence Committee Chairman Mike Turner (R-OH) and other Republican committee members would make vital changes to the FBI’s use of the Foreign Intelligence Surveillance Act, known as FISA.

Turner’s bill tackles the intelligence scandals that Republicans have lamented for years: improper wiretaps on former Trump campaign aide Carter Page and illegal intelligence leaks that took down Trump national security adviser Mike Flynn . A parallel bill co-sponsored by Sens. Marco Rubio (R-FL) and Mark Warner (D-VA) of the Senate Intelligence Committee would implement similar reforms.

How would these bills prevent the political weaponization of intelligence?

First, they would curtail the use of dodgy “opposition research” (such as the fabricated “Steele dossier”) and unconfirmed press reports to justify surveillance under FISA.

They would hit officials who leak intelligence intercepts, as was done to Flynn, with stiff criminal penalties.

They would require much-needed improvements to the FBI’s internal system for enforcing surveillance rules.

And they would give Congress much greater visibility into the secretive process for conducting FISA wiretaps, helping the people’s representatives hold the FBI and other agencies to account.

What gives these bills, unlike many other good ideas emerging from the House, a real chance of becoming law this year? Republicans have unusually powerful leverage this month because the most important part of FISA, known as Section 702, will expire on Dec. 31 unless Congress reauthorizes it.

What makes Section 702 so important? Section 702 is a key intelligence tool for the internet age. Digital messages and data move seamlessly across borders. Foreign spies, terrorists, and druglords often use American internet services, which are the world’s best. When those enemies use American digital infrastructure, Section 702 allows our intelligence agencies to collect their data when it arrives on our shores. Collecting here is safer, cheaper, and far more effective than seeking to obtain the same data abroad.

Section 702 can never be used to target American citizens or anyone in the United States. It can only be used to target foreigners located abroad.

Who are those foreign targets? The intelligence community has revealed that 702 protects the U.S. against spying and theft of our key technologies by the People’s Republic of China. Section 702 has helped prevent and respond to cyberattacks such as the ransomware that shut down Colonial Pipeline. And it has become “essential” in stopping deadly fentanyl from entering our country, according to the head of the Office of National Drug Control Policy.

It is also safe to assume that 702 is providing intelligence on the Hamas terrorists who massacred and kidnapped so many innocents, including Americans, in the barbaric Oct. 7 attacks on Israel . And our military relies on 702 to protect U.S. forces deployed abroad, including Mideast bases currently being attacked by Iran’s terrorist proxies.

Allowing Section 702 to lapse now would be a dangerous blunder. Around the world, the wolves are out: Iran, China, Russia, Hamas, and other foes seek to exploit global chaos and American distraction. Jihadists are targeting our citizens, servicemembers, and allies with near-daily attacks.

The Hamas terrorist attacks against Israel on Oct. 7 are a reminder: disastrous surprises often come when we least expect them. Even strong countries must remain ever vigilant.

We learned that lesson at incalculable cost on Sept. 11, 2001. Section 702 is one of the premier tools that has kept us safe since then. With danger afoot, it would be folly to blind ourselves again now.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Lawmakers, then, must take this opportunity to renew Section 702 while pushing for more accountability in the intelligence system. Passing these bills this year would allow us to remain vigilant while implementing historic FISA reforms to protect Americans’ rights.

Adam Klein leads the Robert Strauss Center on International Security and Law at the University of Texas at Austin. From 2018-2021, he was chairman of the U.S. government’s Privacy and Civil Liberties Oversight Board, which oversees the FBI’s use of FISA and other intelligence powers.