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Congress is set to take up the reauthorization of a divisive program that lets U.S. spy agencies pore over foreigners’ calls, texts and emails.
President Donald Trump has been urging lawmakers to extend FISA 702, saying it is “desperately needed,” while critics point to long-standing concerns about warrantless surveillance of Americans.
A key provision of the Foreign Intelligence Surveillance Act permits the CIA, National Security Agency, FBI and other agencies to collect and analyze vast amounts of overseas communications without a warrant. It incidentally sweeps up the conversations of any Americans who interact with those foreigners targeted for surveillance.
The program expires Monday, and critics want changes, including a requirement for warrants before authorities can access the emails, phone calls or text messages of Americans.
They also want limits on the government’s use of internet data brokers, who sell large volumes of personal information gleaned online, offering the government what critics say amounts to an end-run around the Constitution.
House Republican leaders hoped to advance the legislation on Wednesday, but an initial procedural step was delayed. Rank-and-file members have pushed back despite a pressure campaign that included a trip to the White House and direct involvement from CIA Director John Ratcliffe.
The chances of significant changes, however, seem have dropped since Trump announced his support for the program’s renewal, saying it had proved its worth in supplying information vital to recent U.S. actions in Venezuela and Iran.
“The fact is, whether you like FISA or not, it is extremely important to our military,” Trump said on social media Tuesday.
U.S. authorities say the program, known as Section 702 of the law, is essential to national security and has saved lives by uncovering terrorist plots. Critics question what they say is a dangerous infringement on civil liberties and privacy.
In a Truth Social post, Trump said a different FISA provision was used to spy on his 2016 campaign but that he supported Section 702’s renewal despite misgivings that political adversaries could use parts of the law against him in the future. He urged lawmakers to extend the foreign surveillance program for 18 more months.
“My administration has worked tirelessly to ensure these FISA reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution,” Trump wrote.
The Republican president is a longtime critic of the nation’s intelligence services and was once opposed to Section 702 before he reversed himself. His director of national intelligence, Tulsi Gabbard, sponsored legislation to repeal Section 702 as a Hawaii congresswoman but now supports it. She says new protections added since her time in Congress helped change her mind.
Some Republican House members who have opposed the extension without changes went to the White House late Tuesday to discuss the matter. Ratcliffe also met with lawmakers early Wednesday.
“I am asking Republicans to UNIFY, and vote together on the test vote to bring a clean Bill to the floor,” Trump said Wednesday. “We need to stick together.”


