Durbin: Without Critical Changes To Improve FISA Reauthorization Bill, I Cannot Support It

“I have never questioned that Section 702 is a valuable tool forcollecting foreign intelligence. Congress’ intention when we passed Section 702 was clear as could be—FISA Section 702 is supposed to be used only for spying on foreigners abroad. Instead, sadly, it has enabled warrantless access to vast databases of American’s private phone calls, text messages, and e-mails.

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Last Friday, the House of Representatives passed an alarming bill. It is misleadingly called the Reforming Intelligence and Securing America Act. Rather than fixing the flaws in Section 702, the House bill will dangerously and unnecessarily expand it. The Senate is now rushing to pass the House bill as is, because FISA Section 702 will sunset on April 19. But that is a false choice. No member should be fooled into believing Section 702 will go dark and not be available to be used on April 20 if we do nothing.

We planned for this exact scenario by providing clear statutory authority to continue surveillance under existing orders from the Foreign Intelligence Surveillance Court, known as FISC, after Section 702 nominally expires. In fact, the U.S. Department of Justice has already obtained a fresh one-year certification from this Court to continue Section 702 surveillance through April of 2025… there is no need for the Senate to swallow whole a House bill that expands—rather than reforms—Section 702.

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If the government wants to spy on my private communications or the private communications of any American, they should be required to get approval from a judge, just as our Founding Fathers intended in writing the Constitution. A bipartisan amendment in the House would have required the government to obtain a warrant before searching Section 702 databases for the communications of American citizens. But this critical reform narrowly failed on a tie vote, 212-212. I want to offer a narrower amendment that would only require the government to obtain a warrant in a small fraction of situations where it actually wants to read or listen to private communications of American citizens… this pragmatic approach, respecting the Constitution, will safeguard American privacy and still preserve Section 702’s critical value forcollecting foreign intelligence and protecting national security.

Congress has a responsibility to the American people to get this right. I recognize the importance of Section 702, but we should not rubberstamp the House’s flawed bill where surveillance is already authorized until April 2025. I want to respect the need for Section 702, but I’m sworn to respect the need to follow this Constitution. Without critical changes to improve this bill, I cannot support it.”

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