House Approves Three-Year Extension of Surveillance Program FISA Section 702
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The House of Representatives has passed a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA), sending it to the Senate ahead of a Thursday deadline. The bill includes new oversight rules for queries involving Americans but does not require a warrant. Its passage follows weeks of negotiation and includes a controversial provision banning a future government-issued digital currency.
Facts First
- House voted 235–191 to extend FISA Section 702 for three years, with 42 Democrats supporting and 22 Republicans opposing.
- The bill adds new oversight rules requiring attorney approval and written justification for queries of Americans' information.
- It does not include a warrant requirement sought by bipartisan reformers for nearly two decades.
- The renewal includes a provision banning a future Central Bank Digital Currency (CBDC), which Senate leadership has called a 'no-go'.
- The measure now goes to the Senate ahead of a Thursday night deadline for the program's authority.
What Happened
The House of Representatives voted 235 to 191 to extend Section 702 of the Foreign Intelligence Surveillance Act (FISA) for three years. The measure has been sent to the Senate ahead of a Thursday night deadline. Speaker Mike Johnson (R-La.) spent several weeks attempting to gain support from privacy-minded Republicans after earlier GOP defections prevented the passage of longer extensions. The bill passed with support from 42 Democrats and opposition from 22 Republicans.
Why this Matters to You
Section 702 of FISA allows U.S. intelligence agencies to intercept the electronic communications of foreign nationals located outside the United States. Approximately 350,000 targets have their communications collected under this authority each year. Those communications can include contact with Americans, such as calls, texts, and emails, which may become available to the federal government for review. The current bill does not include a warrant requirement for searching Americans' information, a reform sought by a bipartisan group of lawmakers for nearly two decades. However, new provisions require federal law enforcement to seek approval from attorneys before conducting targeted reviews of Americans' information, and each query must include a written justification submitted to the Office of the Director of National Intelligence. Misuse of the FISA tool could result in criminal penalties of up to five years in prison.
What's Next
The bill now moves to the Senate. Senate Majority Leader John Thune (R-S.D.) has told reporters that the provision banning any future Central Bank Digital Currency (CBDC) is a 'no-go' in the Senate. Potential Senate actions could include stripping the CBDC provision and returning the bill to the House, or passing a separate, stopgap extension to allow for further FISA reform negotiations.