President Joe Biden signed legislation on Saturday reauthorizing a crucial U.S. surveillance law, resolving divisions over whether the FBI should face restrictions on using the program to search for Americans’ data, which nearly led to the statute lapsing. The Senate narrowly avoided missing the midnight deadline, passing the bill with a bipartisan 60-34 vote earlier in the day, extending Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years. Biden expressed gratitude to congressional leaders for their efforts.
Senate Majority Leader Chuck Schumer remarked, “In the nick of time, we are reauthorizing FISA right before it expires at midnight,” as voting on the final passage began just 15 minutes before the deadline. Schumer praised the persistent efforts throughout the day to reach a breakthrough and ultimately succeed.
U.S. officials have emphasized the importance of Section 702 in disrupting terrorist activities, cyber intrusions, and foreign espionage, citing instances such as the 2022 killing of al-Qaida leader Ayman al-Zawahri. The program, first authorized in 2008 and renewed multiple times since then, has provided intelligence crucial for specific operations.
The legislation renews the program, allowing the U.S. government to collect communications of non-Americans outside the country without a warrant for foreign intelligence purposes. However, the reauthorization process faced challenges due to clashes between privacy advocates and national security proponents.
Despite the midnight expiration deadline, the Biden administration expected the program’s authority to continue for at least another year, following a recent opinion from the Foreign Intelligence Surveillance Court. However, officials warned that court approval should not replace congressional authorization, as it could lead communication companies to cease cooperation if the program lapses.
Hours before the deadline, U.S. officials were already working to address challenges after two major communication providers said they would stop complying with orders under the surveillance program.
Attorney General Merrick Garland praised the reauthorization, highlighting its importance to the Justice Department’s efforts. He emphasized the balance between collecting foreign intelligence and protecting Americans’ privacy and civil liberties.
Progressive and conservative lawmakers pushed for further changes, particularly regarding restrictions on the FBI’s access to Americans’ information through the program. Despite classified briefings and the administration’s urging, these lawmakers refused to accept the House version of the bill.
Sen. Dick Durbin proposed requiring warrants for accessing American communications, citing constitutional principles. However, concerns were raised that such requirements could hinder responses to national security threats.
In the end, six proposed amendments failed to gather enough support for inclusion in the final passage. The legislation ultimately renews Section 702 without major changes.
Eric Tucker of the Associated Press contributed to this report.
Source: https://apnews.com/article/fisa-donald-trump-surveillance-congress-johnson-81e991c9f82e77b2fe13f8a3e0e25349