House Judiciary Committee Advances FISA Reform Bill in Show of Bipartisanship

The measure would require U.S. officials to obtain a warrant to search the communications of U.S. citizens and those located in the country.

Chairman of the House Judiciary Committee Rep. Jim Jordan (R-Ohio) speaks during John Durham's testimony in Congress in Washington on June 21, 2023. Madalina Vasiliu/The Epoch Times

Bipartisanship is a rare occurrence among members of the House Judiciary Committee, but on Nov. 6, it was widespread.

The committee voted 35–2 to advance a bill that would amend Section 702 of the Foreign Intelligence Surveillance Act (FISA) to prohibit warrantless queries for the communications of U.S. citizens and those located within the country—save for in emergency situations.

Dubbed the “Protect Liberty and End Warrantless Surveillance Act,” the bill would also limit the number of FBI personnel who can search the controversial surveillance database that Section 702 authorizes, among other reforms.

Under Section 702, U.S. officials are authorized to surveil the communications of noncitizens located outside of the United States without a warrant. But reports of FBI employees abusing the associated database to conduct unauthorized queries of U.S. persons have been numerous in recent years, sparking outrage and calls for reform.

With Section 702 set to expire on Dec. 31, members of both congressional chambers have been working to find a solution that would implement safeguards against such abuses while still allowing the tool’s use for national security purposes.

“The FBI has misused privileged spying powers to conduct rogue surveillance on innocent Americans. We cannot allow that to continue,” Rep. Andy Biggs (R-Ariz.), the reform bill’s sponsor, said in opening the Judiciary Committee’s meeting.

A Shared Goal

As various amendments to the bill were discussed and voted on, members repeatedly expressed how encouraging it was to see their colleagues working together toward a common goal.

“I want to say that I’m really heartened by what has gone on here over the course of many years, but also recent weeks of coming together in this committee over something extremely important,” Rep. Madeleine Dean (D-Pa.) said.

“As lawmakers and members of the Judiciary Committee, it’s our job to strike the right balance between often competing interests. Today, we must safeguard both our national security as well as our constitutional right of privacy.”

Likewise, Rep. Mary Gay Scanlon (D-Pa.) said she was “really proud” of the committee’s bipartisan efforts to produce a “sensible package of reforms.”

“We need to reauthorize Section 702,“ she said. ”We need this tool to prevent threats against the U.S. and to combat terrorism. But we also need constitutional guardrails, we need to respect the Fourth Amendment, and we need to protect Americans’ privacy from government surveillance.”