The Senate passed reauthorization of the controversial surveillance law known as FISA just hours before a midnight expiration deadline Friday. President Biden is expected to sign it urgently.
The Foreign Intelligence Surveillance Act, first passed in 1978, outlines how federal agencies can collect foreign intelligence on American soil. But critics are wary of the law, which provides authorities sweeping power, including warrantless searches, in certain cases.
A heavily redacted court ruling released in 2023 also found that the FBI, NSA, and CIA, misused FISA authority to search a database for private information from Americans. Some of the misuse stemmed from investigations into January 6 rioters and Black Lives Matter protestors.
Senator Schumer kept the Senate in session late into Friday night to pass the controversial legislation and vote on six amendments.
"Allowing FISA to expire would have been dangerous. It’s an important part of our national security toolkit and helps law enforcement stop terrorist attacks, drug trafficking, and violent extremism," Schumer said of the 60-34 vote. “I thank all of my colleagues on both sides of the aisle for their good work.”
The bill was pushed through the House of Representatives in a bipartisan vote despite Donald Trump’s message to Republican congress members to "KILL FISA" in a post on Truth Social.
The two-year extension passed by both houses of Congress will allow agencies to freely collect digital communications from foreigners outside of the United States, including when they communicate with a U.S. citizen.
