Lawmakers on both sides of the aisle are uncertain how to move forward on reforms to the Foreign Intelligence Surveillance Act as the expiration of three key provisions inches closer.
Congress has until March 15 to address the expiring FISA provisions, but there’s no deal in sight. However, given that deadline is on a Sunday, Congress realistically has until the end of that workweek to pass a bill — giving them less than six legislative days to do so.
House Majority Leader Steny Hoyer said House Judiciary Chairman Jerry Nadler, Intelligence Chairman Adam Schiff, as well as Minority Leader Kevin McCarthy are all discussing how to reach an agreement.
However, with time running out — Mr. Hoyer acknowledged Congress may need to take up a clean extension.
“Every day that goes by — I don’t think anybody wants to see FISA lapse — so it increases that likelihood,” Mr. Hoyer said.
The three provisions are a metadata records collection measure that authorizes the FBI to collect text and phone data from Americans contacting the subject of a potential warrant; a roving wiretap provision allowing the FBI to wiretap phone numbers not listed in a warrant; and a lone wolf provision that allows the court to issue a warrant without tying a lone wolf to a terrorist organization.
While both sides want to extend the program, neither Democrats nor Republicans want the status quo to continue.
The secret court has been targeted by Republicans for reform following revelations of FBI abuses during the Trump-Russia collusion probe. But liberal Democrats also want to curb the government’s power to spy on Americans.
“Congress should not renew FISA authority under any circumstances without major changes first to protect Americans from abuse. Period,” North Carolina Republican Rep. Mark Meadows tweeted. “No changes = no reauthorization.”
Last week, the House Judiciary committee pulled consideration for a bill that made small changes to the FISA court — with members from both parties arguing that it didn’t go far enough to reign in the surveillance powers.
Despite the crunch time, Democratic Caucus Chairman Hakeem Jeffries, also a member of the House Judiciary Committee, told reporters FISA reform won’t be attached to any bills getting a vote this week, including the coronavirus spending bill. Republicans were concerned that Democrats would conflate the two issues.
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