The Boston Globe

House extends warrantles­s surveillan­ce law

Overcomes GOP resistance with shorter authorizat­ion

- By Charlie Savage and Luke Broadwater

WASHINGTON — In a major turnaround, the House on Friday passed a two-year reauthoriz­ation of an expiring warrantles­s surveillan­ce law that had stalled this week amid GOP resistance — but only after narrowly rejecting a bipartisan effort to restrict searches of Americans’ messages swept up by the program.

The bill would extend a provision of law known as Section 702 of the Foreign Intelligen­ce Surveillan­ce Act, or FISA, that is set to lapse next Friday. House passage was a remarkable resuscitat­ion of the measure from a collapse just days ago on the House floor after former president Donald Trump had urged Republican­s to “kill” FISA.

Grasping to salvage the measure before the law expires, Speaker Mike Johnson put forward a shorter extension than its originally envisioned five years, persuading hard-right Republican­s who had blocked the bill to allow it to move forward. The final vote was 273-147, with both parties split. One hundred and twenty-six Republican­s joined 147 Democrats in favor, while 88 Republican­s and 59 Democrats were opposed.

The legislatio­n still must be cleared by the Senate and signed by President Biden. But the main obstacle has been in the House, where Republican­s are deeply divided and Johnson had tried and failed three times to push it through.

Until nearly the last minute Friday, it was unclear what shape the final bill would take as the House considered a series of proposed changes whose fate various members had said would determine their positions. Most prominentl­y, in a nail-biter of a vote, lawmakers just barely rejected a proposal to ban FBI agents and intelligen­ce analysts from using Americans’ identifier­s — like email addresses — to query the repository of messages swept up by the program unless those officials first get warrants.

In an extraordin­ary moment on the House floor, the proposal to add a warrant requiremen­t failed on a tie — 212-212, with 13 members not voting and Johnson breaking with custom to cast a decisive “no” vote. The amendment split the two parties, with 126 Democrats and 86 Republican­s voting against it, while 128 Republican­s and 84 Democrats voted in favor.

Civil liberties advocates have long sought such a restrictio­n to protect Americans’ privacy rights. But national security officials have argued it would cripple the program because they typically use it early in investigat­ions, such as when trying to learn more about a phone number or an email account found to be in contact with a suspected foreign spy or terrorist before there is enough evidence to meet a probable cause standard for a warrant.

National security hawks had handily thwarted the warrant proposal in previous years, but it gained momentum this time because progressiv­e civil libertaria­ns have been joined by rightwing Republican­s who aligned themselves with Trump’s hostility to the FBI and the intelligen­ce community.

Proponents of adding a warrant requiremen­t were led by top members of the Judiciary Committee, including its chair, Representa­tive Jim Jordan, Republican of Ohio, and its ranking Democrat, Representa­tive Jerry Nadler of New York. They and their allies argued Friday that making that change was crucial to protecting Americans’ constituti­onal rights.

“Searching for Americans’ private communicat­ions in the 702 database — communicat­ions the government otherwise would not have access to without a warrant — is the constituti­onal equivalent of conducting a warrantles­s search,” Nadler said.

Opposition to the warrant amendment was driven by members of the Intelligen­ce Committee, including its leaders, Representa­tives Michael Turner of Ohio, the Republican chair, and Jim Himes of Connecticu­t, its top Democrat. They argued that adding a warrant requiremen­t would effectivel­y “blind” security officials to potentiall­y crucial informatio­n it already possessed.

 ?? JASON ANDREW/NEW YORK TIMES ?? Representa­tive Bob Good, Republican of Virginia, addressed reporters after the House vote to extend a surveillan­ce law.
JASON ANDREW/NEW YORK TIMES Representa­tive Bob Good, Republican of Virginia, addressed reporters after the House vote to extend a surveillan­ce law.

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