House Passes Defense Bill With FBI Surveillance Authority Extension
The FBI’s surveillance authorities will extend through April after the House voted 310-118 Thursday to approve the National Defense Authorization Act (see 2312120073).
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The NDAA includes an extension for the Foreign Intelligence Surveillance Act and Section 702. Several Republicans objected on the floor to this, saying Congress shouldn’t jam through two unrelated bills, particularly one that allows the FBI to continue abusing surveillance. House Judiciary Committee Chairman Jim Jordan, R-Ohio, and ranking member Jerry Nadler, D-N.Y., voted against the NDAA, joining 72 Republicans and 44 Democrats.
Rep. Chip Roy, R-Texas, dismissed claims that Republicans blocked Speaker Mike Johnson, R-La., from enabling a rule that would have let the chamber consider competing FISA bills from the House Judiciary Committee and the House Intelligence Committee on Tuesday. A House Judiciary Committee member, Roy said the so-called “Queen of the Hill” rule wouldn’t have allowed amendments on either bill. House and Senate leadership would have decided the details behind closed doors without input from rank-and-file members, he said: “We said we shouldn’t do it that way.”
The NDAA deal was struck in the same fashion, with four leaders from the Senate and House deciding details and presenting the bill without members having a real say, Roy said: “We do this every year. And then we’re told congratulations” for holding a conference committee when the bill language is “predetermined.”
The NDAA conference report was a “good compromise” that’s laser-focused on deterring U.S. adversaries like China, said House Armed Services Committee Chairman Mike Rogers, R-Ala. Section 702 needs work, but nobody wants surveillance authorities to expire, said House Armed Services Committee ranking member Adam Smith, D-Wash. He claimed Republicans criticizing the NDAA Thursday were the same members who blocked debate Tuesday. NDAA passage gives Congress more time to properly debate the much-needed FISA revisions, he added.
The Armed Services Committee worked well with the House Intelligence Committee on the NDAA, and both sides agree expiration of Section 702 would be “intolerable,” said House Intelligence Committee ranking member Jim Himes, D-Conn. If surveillance authority expires, then Americans and allies “will die,” he said.
With the NDAA's passage, Congress is embracing policies that make the U.S. more like China, said Rep. Matt Gaetz, R-Fla. There is universal opposition to Section 702 and the surveillance abuse it allows, he said, noting the often-cited 278,000 FBI violations related to Section 702 queries in 2021.
Congress shouldn’t be avoiding regular order and passing two unrelated bills with one vote, said Rep. Matt Rosendale, R-Mont. Thursday’s vote violated Congress’ single subject rule and its germaneness rule, said Rep. Scott Perry, R-Pa. Roy noted the extension allows the Biden administration, which opposed a warrant requirement, to seek another year-long certification for FISA through April 2025.