The Senate voted to pass a renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) roughly 40 minutes after it lapsed, with a vote of 60-34. This provision allows the government to gather intelligence on foreign subjects using the assistance of electronic communication service providers. Without the renewal, companies would not be forced to comply with government requests for surveillance aid. Senate Majority Leader Mitch McConnell warned that the failure to reauthorize the provision would leave the country vulnerable to national security disasters. The measure now heads to President Biden’s desk for his signature.
On Thursday, Senate Majority Whip Dick Durbin claimed that the FISA program would not “go dark” if it was not renewed on time, citing certifications granted by the Foreign Intelligence Surveillance Court (FISC) that would remain in effect until April 2025. However, the Department of Justice warned Congress against allowing this knowledge to delay the renewal process, as companies may cease cooperation with the legal process they receive. McConnell reiterated this warning, stating that actionable intelligence would be missed if the provision was not renewed promptly.
As debate continued on the Section 702 FISA re-authorization, several senators sought votes on various amendments to the measure, delaying the process. However, a compromise was reached, and an expedited voting process was set in motion. Bipartisan coalitions had formed on both sides of the renewal debate, with some arguing for the necessity of the provision for national security, while others raised concerns about constitutional violations. Amendments from multiple senators were voted on but failed to pass, and the bill ultimately proceeded without any additional changes.
Sen. Rand Paul urged his colleagues to support meaningful reforms to protect both national security and civil liberties, expressing concerns about expanding FISA overreach. Sen. Mark Warner spoke against considering amendments to the bill due to the approaching deadline, as it would require the bill to be sent back to the House for approval. After the votes on the amendments, Majority Leader Chuck Schumer emphasized the danger of allowing FISA to expire, highlighting the importance of reauthorizing the provision to maintain national security. Despite the delays and debates, the bill was ultimately passed by the Senate and will now go to President Biden for final approval.
