The House took a critical first step on Friday towards reauthorizing a law extending an expiring warrantless surveillance law known as Section 702 of the Foreign Intelligence Surveillance Act (FISA) that national security officials say is crucial to fighting terrorism. Speaker Mike Johnson attempted to salvage the measure by proposing a shorter extension of two years instead of five, which won over hard-right Republicans who had previously blocked the bill. The House voted 213 to 208 along party lines to take up the new version of the legislation, allowing for a debate on proposed changes before a final vote on passage.
Former President Donald Trump had called for the bill to be “killed,” claiming that government officials had used it to spy on him. Despite this, the preliminary vote on Friday indicated that the measure was back on track. Should it pass the House, the Senate would still need to approve it before it reaches President Biden for his signature. Mr. Johnson’s two-year version of the bill was an attempt to appease hard-right Republicans who believe Trump would be president again by the time the law expired. Reformers, including progressive Democrats and libertarian-leaning Republicans, are pushing for changes to the bill to protect Americans’ privacy rights.
The bill under consideration includes reforms aimed at preventing abuses of the surveillance program. It would add reporting requirements and limit the number of officials with access to raw intelligence information. Critics, led by Representative Jim Jordan, want to add a requirement that prohibits warrantless queries of Americans’ communications, except under certain circumstances. However, national security officials argue that adding a warrant requirement would hinder their ability to use the program effectively, particularly in the early stages of investigations.
The intelligence community has urged Congress to pass a reauthorization of the legislation before it expires to avoid legal uncertainties. Under Section 702, the government can collect messages of noncitizens abroad without warrants, even if they are communicating with Americans. This has led to concerns about Americans’ privacy rights, particularly in light of past abuses by the FBI in querying for information on protestors and suspects linked to the Capitol riot. The debate over the reauthorization of FISA has been ongoing for months, with various proposals and amendments being considered.
Representative Zoe Lofgren, a Democrat from California, questioned the rush to pass the bill without stronger privacy protections. She argued that the Constitution should be upheld in the context of FISA reauthorization. Progressive Democrats and libertarian Republicans are advocating for changes to the bill to better safeguard Americans’ privacy rights. Changes proposed by lawmakers would reinforce constraints on accessing Americans’ communications and add protections against unwarranted searches.
Before a final vote on the bill, lawmakers will have the opportunity to propose amendments, including one pushed by Representatives Michael Turner and Jim Himes to expand the types of companies that could be compelled to participate in the surveillance program. Senior lawmakers on the House national security committees are backing modest changes to the bill, rather than more sweeping reforms. The House is set to vote on these significant amendments before voting on the extension itself. The outcome of these debates and votes will determine the future of the warrantless surveillance program under Section 702 of FISA.
