H.R. 7888, titled the “Reforming Intelligence and Securing America Act,” would reauthorize for two years, until 2026, Title VII of the Foreign Intelligence Surveillance Act (FISA), which governs electronic surveillance of foreign terrorism suspects. Among other provisions, the bill would require additional procedures for searches by the Federal Bureau of Investigation (FBI) involving U.S. citizens and FBI surveillance requests to the secret FISA Court. It would also expand the definition of an “electronic communication service provider” and allow congressional leaders to access FISA Court and FISA Court of Review meetings.
The Senate passed H.R. 7888 on April 20, 2024 by a vote of 60 to 34 (Roll Call 150). We have assigned pluses to the nays because FISA has been used to spy on U.S. citizens without a warrant in violation of the Fourth Amendment. While the bill includes provisions ostensibly to protect the privacy of U.S. citizens, those provisions fail to uphold Americans’ Fourth Amendment-protected rights. Furthermore, the FISA Court approves just about any surveillance request that comes its way, and given the track record of intelligence agencies, it is unlikely that they would actually follow these rules.
