Senate Majority Leader Chuck Schumer (D-N.Y.) faces a race against time to reauthorize the Foreign Intelligence Surveillance Act’s (FISA) warrantless surveillance program before it expires at 11:59 p.m. Friday, but he faces huge hurdles in meeting the deadline.
Schumer must change opposition from a coalition of Republican and Democratic senators seeking substantial changes to the House-passed bill. This resistance threatens the loss of crucial authorities for intelligence and law enforcement agencies if a resolution is not reached.
On the Republican side, Senators Rand Paul (Ky.), Mike Lee (Utah), and Josh Hawley (Mo.) are advocating for amendments to prevent intelligence agencies from purchasing Americans’ data and to restrict FISA’s authorization of surveillance on Americans.
Among Democrats, Schumer’s deputies, Senate Finance Committee Chair Ron Wyden (Ore.) and Senate Democratic Whip Dick Durbin (Ill.), seek revisions such as cutting language expanding the businesses subject to data requests and requiring warrants to review Americans’ information collected during foreign surveillance.
However, Senate leaders caution that amending the bill risks missing the deadline, resulting in a temporary loss of surveillance authority, a scenario deemed unacceptable given national security concerns.
Despite concerns, the Senate voted 67 to 37 to advance the House-passed bill. Yet, additional procedural votes are required before final passage, a process that could prolong beyond the deadline.
Paul vows to prolong the debate unless given adequate time to discuss and vote on proposed changes. He contends that intelligence agencies could operate under regular court warrants in the event of a lapse in FISA authorization.
Efforts to amend the bill have gained traction, with Senators Durbin and Kevin Cramer (R-N.D.) proposing an amendment requiring court approval before accessing Americans’ private communications collected under FISA’s Section 702.
Another proposed amendment by Wyden aims to remove language expanding the businesses subject to surveillance requests, a provision he deems overly broad.
However, tensions mount as the Senate grapples with the demand for amendments while the deadline looms. Some senators dispute claims that intelligence operations could continue seamlessly without FISA reauthorization, underscoring the urgency of reaching a compromise.