FISA spy program faces reauthorization pushback in Congress

Section 702 of the Foreign Intelligence Surveillance Act allows targeted intelligence collection of non-Americans outside the U.S.

Amid legislative hurdles, the Biden administration is urging lawmakers to reauthorize a national security surveillance tool before its provisions expire.

Section 702 of the Foreign Intelligence Surveillance Act is running up against an April 19 deadline for reauthorization after lawmakers punted its renewal at the end 2023. 

The intelligence authority has received bipartisan scrutiny by lawmakers who have sought reforms. The authority allows targeted intelligence collection of non-Americans outside the U.S. and does not allow targeting of a U.S.citizen. However, it can incidentally include information concerning a U.S. person in contact with a non-American.

While the administration is supportive of a reauthorization bill, it is strongly opposing an amendment that would require a warrant to query U.S. persons communication in the database. The amendment has brought some Republicans and progressive lawmakers together over the opposition to warrantless searches.  

However, the administration warned the amendment "would prohibit U.S. officials from reviewing critical information that the Intelligence Community has already lawfully collected, with exceptions that are exceedingly narrow and unworkable in practice."