Congress Faces Looming Deadline to Reauthorize FISA Section 702

The foreign-intelligence surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act (FISA) lapsed on June 12, leaving the program to operate solely under its court-issued authorization. Under the law, the Director of National Intelligence and the Attorney General must obtain a new certification from the Foreign Intelligence Surveillance Court (FISC) by March 17, the next statutory deadline. Intelligence officials warn that without a congressional renewal, the program could lose its dual congressional-court foundation.

The Hill

Congress has repeatedly failed to pass a renewal this year. House Intelligence Committee Chair Rick Crawford (R-Ark.) “The fact is, the courts have to recertify in December. Yes, the program is authorized till March, but they’ve got to recertify in December. If we don’t deliver something before that, it’s going to be complicated for them to implement the changes that we have in the FISA bill,” — Crawford The House passed its version of a Section 702 bill in June, but the Senate has not acted. Support among Democrats has eroded: 147 Democrats voted to renew the provision in 2024, yet only 42 joined Republicans on a three-year renewal proposal that subsequently stalled.

The Hill

Director of National Intelligence Jay Clayton (confirmed after the removal of interim head Bill Pulte) has not commented directly to reporters. Republican Representative Jim Jordan (R-Ohio), chair of the House Judiciary Committee, expressed readiness to move forward, stating, “I was ready to get it done a while ago.” “I was ready to get it done a while ago,” — Rep. Jim Jordan House Judiciary Committee Chairman Jamie Raskin (D-Md.) warned that the March deadline is the true deadline, calling the push to act before Thanksgiving a “false deadline.”

The Hill

Democratic lawmakers and aides have voiced bipartisan skepticism. Representative Jim Himes (D-Conn.) noted that the program remains functional only because telecom and email providers have chosen not to sue after the lapse.

The Hill

• “The fact is, the courts have to recertify in December. Yes, the program is authorized till March, but they’ve got to recertify in December. If we don’t deliver something before that, it’s going to be complicated for them to implement the changes that we have in the FISA bill,” — Rick Crawford, House Intelligence Committee Chair

The Hill

• “I was ready to get it done a while ago,” — Jim Jordan, Rep., Chair of the House Judiciary Committee

The Hill