In a race against time, Congress is pushing to renew the controversial foreign surveillance program known as FISA Section 702 before it expires at the end of the year. FBI Director Christopher Wray recently testified before a Senate panel, expressing his concern about the elevated and simultaneous threats facing the United States. The intelligence community is urging Congress to renew the program amidst the volatile threat matrix. However, conservatives have long criticized FISA and are demanding significant reforms, citing misuse during the 2016 campaign involving former President Trump. One of their main concerns is the program’s potential violation of Fourth Amendment rights by sweeping up the communication of everyday Americans.
The renewal of FISA Section 702 has been included in the annual defense policy bill, drawing a rare endorsement from both Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell. However, House Speaker Mike Johnson faced criticism from conservatives for including the interim renewal in the defense bill. It is uncertain if the defense bill will pass the House Rules Committee due to concerns from arch conservatives. In that case, the House would need to approve the bill as a “suspension,” requiring a two-thirds vote for passage. Despite the potential roadblocks, there is a belief that a wide, bipartisan group of members would support the defense bill.
To address conservative demands for FISA reforms, the House Rules Committee plans to consider two competing proposals on Monday. One proposal is from House Intelligence Committee Chairman Mike Turner, while the other is from House Judiciary Committee Chairman Jim Jordan. The Jordan plan enjoys broad, bipartisan support, while the intelligence community and the Senate prefer the Turner option. House Republicans will hold a special meeting to discuss both proposals, and a “king of the hill” system will be utilized to determine the winning bill that will be sent to the Senate. However, due to time constraints, the House and Senate may need to go to a conference committee to resolve any differences.
While there is still time to address the issue before spring, there is growing frustration among conservatives who continue to demand FISA reforms. The fate of these reforms may ultimately rest on the new Speaker of the House. It remains to be seen if Congress will be able to reach a consensus and renew the FISA Section 702 program, which is set to remain in effect until 2024 with the approval of the annual defense bill.
In conclusion, the renewal of the controversial foreign surveillance program, FISA Section 702, is currently at the center of a power play in Congress. While the intelligence community emphasizes the need for its renewal, conservatives are demanding significant reforms. The inclusion of the renewal in the defense bill has sparked controversy, and it remains to be seen if Congress will be able to reach a consensus. The fate of FISA reforms and the program itself will have significant implications for national security and the protection of individual privacy.
