Renewing Special Foreign Surveillance Powers: A User's Manual for Preventing Terrorist Attacks

Congress is rushing to renew the controversial foreign surveillance program, FISA Section 702, before it expires at the end of the year. While the intelligence community is concerned about the program going dark, conservatives are demanding significant reforms due to misuse during the 2016 campaign. The annual defense policy bill includes a five-month renewal of FISA, but conservatives are pushing for reforms. The House Rules Committee will consider two competing proposals to reform FISA, one from House Intelligence Committee Chairman Mike Turner and the other from House Judiciary Committee Chairman Jim Jordan. The Senate prefers the Turner option, while the Jordan plan enjoys broad bipartisan support. The House will put both bills on the floor, and the one with the most votes will be sent to the Senate. However, there may not be enough time for the Senate to pass its own bill before the end of the year, requiring a conference committee to reconcile the differences. The FISA Section 702 program will remain in effect into 2024 if both bodies of Congress approve the annual defense bill.