US: Republicans Delay Vote on Extension of Controversial Surveillance Powers

Facts

• With Congress facing a long to-do list before it breaks for winter recess on Friday — including a visit from Ukrainian Pres. Volodymyr Zelenskyy and efforts to strike a deal on military aid for Ukraine — among its priorities was to pass a bill extending and reforming the ability of US intelligence agencies to conduct warrantless surveillance on non-citizens abroad.¹
• In seeking reforms to Section 702 of the Foreign Intelligence Surveillance Act (FISA), House Republicans tabled two competing bills; one drafted by the House Judiciary Committee — to ban warrantless backdoor searches of Americans’ communications and law enforcement from buying data that usually needs a warrant — and the other by the House Permanent Select Committee on Intelligence (HPSCI).²
• The HPSCI bill would reauthorize FISA for another eight years and create new authorities that the intelligence community has sought for years but has been denied by courts. Republicans had intended to use a procedural rule called 'Queen of the Hill' — an approach where the bill with the most votes gets sent to the Senate for consideration.²
• Supporters of the Judiciary bill, including progressive Democrats and right-wing Republicans, argue that it curtails FISA's sweeping surveillance authorizations to protect Americans whose communications get swept up when abroad. Detractors of the bill, however — including supporters of its alternative — argue that it makes the country vulnerable to spies, hackers, and terrorists.³
• Meanwhile, critics of the Intelligence Committee bill — including supporters of the alternative, but also civil society groups such as the Brennan Center — described it as a 'wolf in sheep's clothing.' They said that not only would it fail to reign in warrantless surveillance, but it would also expand the US government's ability to spy on its citizens while abroad.³
• Those differences came to a head on Monday when House Republicans, who have the majority, failed to agree on an alternative, with some criticizing the 'Queen of the Hill' approach adopted by Speaker Mike Johnson. While the broader discussion has now been delayed until next year, some have proposed a short-term extension of FISA under its current rules until April 19, 2024, though this has also been criticized.⁴

Sources: ¹The hill, ²Electronic Frontier Foundation, ³New York Times and ⁴Washington examiner.

Narratives

• Pro-establishment narrative, as provided by The messenger. In a world gripped by violence — and with the US facing more threats than ever before, from Iran-backed terrorists to the Chinese government — Section 702 of FISA allows the US government to collect critical intelligence on foreigners abroad to protect the nation. While the Intelligence Committee bill would make much-needed reforms, it would keep America's core intelligence capabilities alive. Meanwhile, its alternative degrades US intelligence capabilities and puts Americans at greater risk.
• Establishment-critical narrative, as provided by Brennan center for justice. Under FISA's current rules, the CIA, NSA, and other intel agencies have spied on over 200K Americans without warrants in the last year alone. That figure included a number of egregious violations, such as spying on domestic campaigners, journalists, and even members of Congress. The Judiciary Committee bill would make the necessary reforms to reign in the unconstitutional parts of FISA. Its alternative, the Intelligence Committee bill, plans to expand FISA's scope, only leading to more violations.

Predictions