Congress has taken a significant step towards extending the life of a crucial federal government surveillance tool known as Section 702 of the Foreign Intelligence Surveillance Act (FISA). The bill to reauthorize FISA’s Section 702 successfully passed through the House Rules Committee on Tuesday night, marking the final hurdle before it moves to the House for consideration. The bill passed with a 9 to 2 vote.
Section 702 of FISA allows the federal government to conduct surveillance on foreign nationals outside the U.S. without a warrant if they are suspected of having ties to terrorism, even if the communication involves an American citizen. Proponents, including national security experts and members of the intelligence community, argue that Section 702 is a critical tool in preventing terrorist attacks similar to 9/11.
However, critics from both conservative and progressive camps have raised concerns about potential abuses of Section 702, particularly in collecting data on American citizens. The debate over renewing Section 702 has been contentious within the House Republican ranks, especially as Speaker Mike Johnson, R-La., navigates a narrow majority. This marks the third attempt by House GOP leaders to renew the tool before the April 19 deadline.
The Reforming Intelligence and Securing America Act, a compromise bill between the House Judiciary Committee and the House Permanent Select Committee on Intelligence, aims to address concerns about abuse by implementing safeguards for accessing data collected under Section 702, especially if it pertains to U.S. citizens.
As part of the agreed terms in the Rules Committee, the House will vote on an amendment supported by the Judiciary Committee to prohibit warrantless searches of U.S. citizens before the final bill is voted on. A GOP lawmaker opposed to the amendment expressed concerns that its passage would effectively render Section 702 ineffective.
Not included in the final bill was an amendment proposed by privacy advocates, led by Rep. Warran Davidson, R-Ohio, which would have required the government to obtain a warrant before acquiring data on U.S. citizens from third-party brokers. Critics of this provision, primarily from the House Intelligence Committee, argued that it was not directly relevant to Section 702 and could hinder the bill's chances in the Senate.
House Majority Leader Steve Scalise, R-La., confirmed that Davidson's amendment would be considered as a standalone bill at a later date. The House of Representatives is scheduled to vote on the Section 702 renewal bill on Thursday, with administration officials set to brief all members of the House on FISA on Wednesday.
