Thune pushes 45-day extension of FISA surveillance authority to avoid blackout
Senate Majority Leader John Thune (R-S.D.) has proposed a 45-day extension of the nation’s surveillance authorities under the Foreign Intelligence Surveillance Act (FISA) to avoid the possibility that those powers expire at the end of the day, Thursday.
Thune is moving a short-term extension of the warrantless spy powers under Section 702 after telling reporters that the bill passed by the House to extend those powers by three years is “dead on arrival” in the Senate.
Thune warned House Republican colleagues on Wednesday that their FISA bill couldn’t pass the Senate if it included language to prohibit the Federal Reserve from establishing a central bank digital currency (CBDC).
Despite the warning, House Republicans moved ahead with a plan to add the CBDC ban to the extension of FISA’s Section 702 authorities, putting Congress on the brink of those powers expiring at midnight without a clear path forward.
Section 702 of FISA allows the government to spy on foreigners located abroad, but privacy hawks have long called for a warrant requirement to access data collected on Americans who communicate with foreign targets.
Thune told reporters Thursday morning that Senate Republicans have agreed to 45-day extension of enhanced FISA authority but are waiting on Democrats to sign off on the proposal.
“The Democrats are debating that right now. We had suggested 45 days but we’ll see what the traffic will bear,” Thune said.
The Senate GOP leader said the authority needs to be extended for at least six weeks to so that it doesn’t gum up the floor and prevent action on other business.
“If you look at the calendar and the schedule, we’re going to need that amount of time, probably, with the other stuff we have to do — floor time is at a premium around here,” he said. “To actually get an agreement and then get something moved across the floor here in the House and Senate in my view is going to take a certain amount of time.”
Sen. Ron Wyden (D-Ore.), a leading Democratic critic of the expanded surveillance authority under Section 702, took to the Senate floor Thursday morning to propose a three-week extension, instead.
Wyden said he also wants a classified court ruling about the federal government’s “troubling” use of Section 702 authority to be made available to the public before agreeing to a short-term extension of those authorities.
The 45-day extension would still need to be approved by the House. The Senate is scheduled to leave town Thursday for a weeklong recess.
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