Congress continues to reform street lights

Congress has reauthorized Section 702 of the Foreign Intelligence Surveillance Act – but for another 45 days. The extension is intended to give lawmakers more time to debate changes to the controversial wiretapping bill. If the past few weeks are any indication of how future conflicts will play out, however, we’re in for a rough ride.

The Modified housing Section 702 with minor changes on Wednesday evening. The bill did not include the most controversial bill, but it did contain a provision to stop the Federal Reserve from issuing Central Bank Electronic Funds, which Senate Majority Leader John Thune (R-SD) described as non-starter.

“Three weeks is enough time to discuss the reforms,” ​​Thune said on the floor of the Senate on Thursday. “That is, if the members are interested in talking.”

That is an open question. Senators argued over the extension. Ron Wyden (D-OR) favored a three-week reauthorization, while Tom Cotton (R-AR) called for a 45-day extension, citing a one-week break. Section 702, Cotton said, was necessary for the US military to attack Venezuelan President Nicolás Maduro. The Senate eventually reached a 45-day extension, which the House approved Thursday afternoon by a vote of 261-111.

Debating the future of FISA is likely to be difficult. On Wednesday, Rep. Jim McGovern (D-MA) criticized the House leadership for not allowing members to debate or vote on changes to the reauthorization bill and described the past two days of debate as “a bonfire of ideas.”

“We spent the whole night waiting while the Republicans fought,” McGovern said. “We were told around midnight on Monday to go home. Then they told us that the legislature would meet at 8am on Tuesday. We came to the meeting only to be told there would be no meeting because the Republicans were busy fighting.”

McGovern also said that many of the amendments that would replace FISA were introduced by Republicans – but the House leadership did not allow them to be discussed.

“Take these bills or leave them. The administration dictates every letter, but everything,” he said. “This is not the way to run this place, it is not the way to run bananas. It is sad, it is a shame, and the Speaker and many people should be ashamed of what is happening here. You are confusing your members.

Some members said the house bill did not need to be discussed because it already included several amendments. “It’s not the same as FISA,” said Rep. Jim Jordan (R-OH), who in 2024 sponsored an amendment that would require federal officials to obtain warrants for interviews about US citizens.

The bill that the House passed on Wednesday included other changes. As explained by Rep. Rick Crawford (R-AR), will establish criminal penalties for the intentional use of FISA 702 interrogations and falsifying statements to the FISA court, requires the Department of Justice to change the way members are allowed to be present in criminal cases, requires that FBI attorneys’ begin to approve all FBI US person’s interrogations, and orders on the Accounting Office2. The bill also included a fundamentally inconsistent provision that prohibits the Federal Reserve from issuing Central Bank Digital Currency. The plan, based on Majority Whip Tom Emmer’s (R-MN) Anti-CBDC Surveillance State Act, was linked to the FISA warrant by Rep. French Hill (R-AR).

Privacy advocates disagree that the House bill goes far enough. Jake Laperruque, deputy director of the Security and Surveillance Project at the Center for Democracy and Technology, described it as “very disappointing.”

“This bill has no empty calories to continue. It has no authorization to ask for American messages, and no change of any kind,” said Laperruque.

Congress now has until June 14, 2026 to get amendments to Section 702.