After a long period of being unable to agree, Senate Majority Leader Chuck Schumer (D-N.Y.) said on Friday evening that a deal had been made to vote on a set of changes to a House-approved bill to extend the Foreign Intelligence Surveillance Act’s (FISA) surveillance program without warrants. This puts it on track to be passed before the midnight deadline.
The increased surveillance abilities allowed by FISA’s controversial Section 702 were set to expire at the end of Friday and seemed likely to not be renewed as senators argued over changes such as needing warrants to check the communications of Americans captured in the FISA database.
Schumer announced on the Senate floor, “We have good news for America’s national security. Senators have reached an agreement that clears the way to approve FISA reauthorization tonight.”
The bill would extend the program for two years instead of the originally planned five years. Speaker Mike Johnson (R-La.) shortened the renewal period by three years to satisfy conservative critics in his group.
Earlier in the day, senators were doubtful about reaching a deal.
“We could go dark over the weekend,” Sen. John Cornyn (R-Texas), a member of the Intelligence Committee, cautioned on Friday afternoon.
Senate Democratic Whip Dick Durbin (D-Ill.), the main sponsor of the amendment to require warrants for any review of Americans’ communications in the 702 database, said on Friday afternoon that he hadn’t been approached about a potential agreement on amendments.
Senate Intelligence Committee Chairman Mark Warner (D-Va.) spoke on the Senate floor soon after Schumer declared the deal, urging colleagues to reject any changes to the bill.
He cautioned that making changes at this late stage would mean sending the bill back to the lower chamber, so it wouldn’t have a chance of becoming law before the deadline.
“Any amendment to this bill at this moment is the same as killing the bill,” he added. “Already telecom companies, a number, have contacted the Department of Justice saying if this bill expires, as it will at midnight, they will stop complying with 702.”
