Just two days after a previous version failed to advance, the House on Friday passed a modified surveillance bill in a dramatic rebuke to GOP leadership.
The Foreign Intelligence Surveillance Act (FISA) reauthorization bill must also pass the Senate by April 19.
The U.S. House of Representatives' renewal of the Foreign Intelligence Surveillance Act (FISA) spy program has sparked controversy and debate among lawmakers.
The bill, which reformulates and extends Section 702 of FISA for a shortened period of two years, aims to balance national security concerns with civil liberties.
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On Wednesday, former President Trump took to Truth Social, just hours before the vote, saying, “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME AND MANY OTHERS.”
And a handful of Republicans heeded Trump's call, killing the vote on the bill.
Understanding the FISA Program
The Foreign Intelligence Surveillance Act (FISA) is a crucial national security surveillance program that allows the U.S. government to collect foreign intelligence by intercepting communications of non-Americans located outside the country.
Section 702 of FISA specifically permits the collection of these communications without a warrant. While this program has been instrumental in disrupting terror attacks, cyber intrusions, and foreign espionage, concerns have been raised regarding its impact on civil liberties.
Divisions within the House GOP
Skepticism and opposition to the FISA program have grown in recent years, particularly among Republicans. The House GOP is deeply divided over the issue, with conflicting opinions on how the surveillance program should be reformed.
This division spilled onto the House floor as 19 Republicans broke with their party to prevent the bill from coming up for a vote. The disagreements stem from differing views on the balance between national security and individual privacy.
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The Two-Year Compromise
To address the concerns of GOP critics, the bill's proponents introduced a compromise that reduces the reauthorization period from the initially proposed five years to just two years.
This change aims to provide a shorter timeframe for evaluating the effectiveness of the program's reforms.
Republican Representative Chip Roy of Texas blasted the passing of the bill, "Every member who voted “no” on the warrant amendment owns the fact Americans will continue to be subjected to warrantless searches of 702 data. #GetAWarrant."
https://twitter.com/RepChipRoy/status/1778805496696258797
The Fight Over Civil Liberties
Opponents of the FISA program argue that it infringes upon the civil liberties of Americans. The legislation includes a series of reforms aimed at satisfying these concerns, such as increased oversight and restrictions on the government's access to communications of U.S. citizens.
However, some conservative members, including those from the House Freedom Caucus, believe these changes do not go far enough.
They have criticized House Speaker Mike Johnson for not addressing their demands and have vowed to continue fighting for stricter reforms.
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“FISA authorities have been used to violate the law more than 278,000 times by the national security state, and there has yet to be any consequences for this illegal activity by our government. Therefore, I voted against the rule this afternoon to bring the FISA Section 702 reauthorization bill to the House floor," said Rep. Matt Gaetz of Florida on Wednesday.
“The reauthorization lacks essential reforms to protect Americans’ Fourth Amendment rights, such as requiring the FBI to obtain a warrant before searching Americans’ data and a prohibition on the government purchasing Americans’ data from third-party data brokers," said Gaetz.
“Last year, in the House Judiciary Committee, I voted for a bipartisan bill that contained necessary reforms to protect Americans from unconstitutional searches. Unfortunately, Speaker Johnson has sided against holding a House vote on that bill and is instead trying to rush legislation drafted in a way that could expand authorities for the FBI to violate Americans’ right to privacy," Gaetz said.
“If Speaker Johnson is unwilling to fix FISA Section 702, we are left wondering what he is indeed willing to fix. We didn’t fix the budget or the border. Now, the very authorities that we saw weaponized against President Trump and the American people are poised to get enhancements under this reauthorization, rather than any of the reforms that are so desperately needed,” Gaetz said.
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Loopholes and Additional Proposals
One specific area of concern for lawmakers is the potential abuse of the FISA program by intelligence agencies. Critics argue that the FBI's use of the surveillance program to search for information about Americans and others within the United States raises significant privacy issues.
In response, Speaker Johnson plans to introduce a separate proposal aimed at closing a loophole that allows officials to collect data on Americans from big tech companies without a warrant.
This additional measure seeks to address the concerns raised by opponents of the FISA program.
Impact on National Security
The Biden administration has emphasized the importance of renewing the FISA program to ensure the continued collection of crucial intelligence.
While the program is set to expire on April 19, the administration has stated that it expects its authority to collect intelligence to remain operational for at least another year due to a recent opinion from the Foreign Intelligence Surveillance Court.
However, officials argue that congressional authorization is still necessary to maintain cooperation with communications companies and to avoid potential disruptions in intelligence gathering.
Bipartisan Opposition and Support
The efforts to renew the FISA program have faced opposition from both Democrats and Republicans. Senators like Ron Wyden of Oregon, a long-time champion of civil liberties, have aligned with Republican supporters of former President Donald Trump in calling for greater oversight and reforms.
Trump himself has been a vocal critic of the FISA program, claiming that it was used illegally against him and his campaign. However, the program has also garnered bipartisan support, with lawmakers highlighting its importance in protecting national security.
The Road Ahead
Following its passage in the House, the FISA bill will now move to the Senate for consideration. Some Republicans have sought to delay the transmission of the bill to the Senate, using procedural tactics to force another vote on the entire legislation.
The outcome in the Senate remains uncertain, with lawmakers expected to continue debating the balance between national security and civil liberties.
Additionally, the upcoming meeting between Speaker Johnson and former President Trump may further influence the discussions surrounding the renewal of the FISA program.
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