The Senate passed a controversial extension of the federal government’s warrantless spying powers just after a midnight deadline on Friday over objections from Democrats and Republicans who opposed the incidental collection of US citizens’ data as part of the authority. In a 60-34 vote, Democrats and Republicans voted to reauthorize Title VII of the Foreign Intelligence Surveillance Act (FISA) until 2026, sending the legislation to President Biden’s desk for a signature. The FISA authority was set to expire on April 19, which proponents had warned would end critical intelligence-gathering efforts through a provision known as Section 702, initially enacted in 2008 to permit US intelligence agencies to surveil communications and other data emitted by foreigners with potential ties to terrorism. Critics point out that in sweeping up that information from US service providers like Google and AT&T, any Americans’ communications may also be obtained without a warrant.
Senators from both parties submitted amendments to address that loophole and others, but each was voted down on a bipartisan basis. Intelligence Committee chairman Mark Warner (D-Va.) agreed to work through some of their concerns in subsequent legislation. House Speaker Mike Johnson (R-La.) and House Intelligence Committee chairman Mike Turner (R-Ohio) rejected criticisms of the intelligence program, pointing to 56 reforms included in the reauthorization bill passed by the House that would prevent abuses by the FBI in querying the Section 702 database for Americans’ data. Those reforms included restrictions on FBI queries of the database that require higher levels of approval to protect national security and avoid wading into political disagreements — as well as harsher penalties for officials who fail to comply with those guidelines.
Former President Donald Trump called on GOP lawmakers to “KILL FISA” before an initial House vote, although the FBI abuses that led to the improper surveillance of his 2016 campaign aide Carter Page did not fall under Section 702. After a failed attempt to extend the spying authority for five years, House Republicans reduced the timeframe to two years, meaning Section 702 would need to be reauthorized halfway through the next US presidential term of office. Sen. Ron Wyden warned before its passage that the House measure would expand the federal government’s ability to spy on Americans beyond even its current authority. The House amendment forcing intelligence gatherers to obtain a warrant for Americans’ data failed by virtue of a deadlocked 212-212 vote.
Wyden and Sen. Josh Hawley submitted an amendment to counter a claim by Attorney General Merrick Garland that demands of electronic communication service providers had been “narrowly tailored,” arguing in favor of expanding the spying abilities to include more Americans and American businesses. Several other amendments aimed at reining in potential abuses related to the questioning abilities of the Section 702 database and the submission of evidence at the Foreign Intelligence Surveillance Court failed to pass in the Senate. A separate bill introduced by Rep. Warren Davidson to prohibit federal agencies’ expanded collection of US consumers’ information from data brokers passed in the House, but amendments submitting similar measures in the Senate also failed.
The debate surrounding the reauthorization of the FISA authority has raised concerns about the government’s ability to spy on Americans without warrants and the potential for abuse by intelligence agencies. While proponents argue that the legislation is necessary for national security and includes reforms to prevent abuses, critics warn that the bill expands the government’s spying powers beyond its current authority and could potentially violate the privacy rights of Americans. The passage of the reauthorization bill has sparked further debate in Congress over the balance between national security and civil liberties, as lawmakers continue to grapple with how to protect the country from threats while upholding the rights of its citizens.
