Congress faces showdown over warrantless surveillance law
When House and Senate lawmakers return to the U.S. Capitol on Monday, they will have just days to renew a crucial intelligence collection law that has sharply divided both parties amid growing concerns about privacy rights.
Republican leaders in the House of Representatives are considering proposing legislation that would expand Section 702 of the Foreign Intelligence Surveillance Act. The legislation, backed by President Trump, would extend the law for 18 months, without any changes or additions sought by dozens of lawmakers who say the warrantless surveillance language in its current form violates civil liberties.
The measure faces strong opposition from the right flank of the Republican Party, as well as from dozens of Democrats who form a bipartisan coalition that has long sought to strengthen guardrails on the surveillance tool.
Reauthorization under Section 702 is one of several headaches Speaker Mike Johnson will face when the House returns.
Members of the razor-thin GOP majority are complaining about plans to defund the partially shuttered Department of Homeland Security, while GOP leaders will need to avoid further Republican support for an imminent resolution that would block further military action in Iran without congressional authorization.
House Democrats plan to introduce the resolution this week after Republicans blocked it in a pro forma session Thursday, and it only takes one or two GOP votes to pass it.
The intelligence collection law expires on April 20.
Mr. Johnson defended Section 702, telling reporters before leaving town for the two-week Easter break that the law is “responsible to a large extent for the intelligence we use to keep Americans safe.”
The Louisiana Republican plans to introduce the bill under special rules barring amendments and limiting debate to one hour. Its passage will require two-thirds support, meaning a coalition of moderate Republicans and Democrats would have to vote for it.
Mr. Johnson cautioned against allowing the current oversight authority to “burn out” after Section 702 expires, and said the reform provisions added in the 2024 reauthorization satisfied civil liberties concerns.
Even if the measure passes the House, Senate opposition could prevent it from reaching Mr. Trump’s desk.
Republican Sen. Mike Lee of Utah and Democratic Sen. Ron Wyden of Oregon, both privacy advocates, said there are loopholes in the law that allow the FBI to search Americans’ communications under authorizations that expired six years ago.
Both lawmakers want the Senate to pass the Government Surveillance Reform Act, which would prevent the FBI and other government agencies from purchasing web browsing data from big tech companies revealing their location and other information without obtaining a warrant.
It would also prevent “reverse targeting” by law enforcement who monitor Americans who communicate with foreigners.
Rep. Zoe Lofgren, Democrat of California, introduced the same measure in the House.
Supporters of the reform measure have publicized abuses of the law, including 278,000 violations that occurred between 2020 and 2021, involving warrantless searches of George Floyd/Black Lives Matter protesters, January 6 Capitol rioters without proper justification, and 19,000 donors to a congressional campaign.
“Section 702 of FISA has been expanded far beyond its original purpose and now permits unconstitutional, warrantless searches of American citizens and their private communications,” said Rep. Warren Davidson, Republican of Ohio and co-sponsor of the House reform bill.
