East Bay Times

House passes surveillan­ce law extension

- By Charlie Savage and Luke Broadwater

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 stoked by former President Donald Trump.

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

But House passage came after lawmakers only narrowly defeated a bipartisan effort to restrict searches of Americans' messages swept up by the program — a major change that national security officials had warned would gut the law. The vote reflected widespread skepticism of the program.

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 Joe 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 right-wing 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, Rep. Jim Jordan, R-Ohio, and its ranking Democrat, Rep. 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.

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 ?? JASON ANDREW — THE NEW YORK TIMES ?? House Speaker Mike Johnson, R-La., speaks to reporters as he walks back to his office at the Capitol in Washington on Friday.
JASON ANDREW — THE NEW YORK TIMES House Speaker Mike Johnson, R-La., speaks to reporters as he walks back to his office at the Capitol in Washington on Friday.

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