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House Speaker Cautions Against Warrant Amendment On Surveillance Tool Renewal

Former House Speaker Kevin McCarthy

During a closed-door House GOP Conference meeting, House Speaker Mike Johnson, R-La., advised lawmakers against an amendment on warrant requirements as the House of Representatives prepares to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 permits the government to surveil communications of non-Americans overseas suspected of terrorism links without a warrant, potentially involving Americans in the data collection.

Johnson expressed concerns about the proposed warrant amendment, suggesting that its language on exceptions might be too narrow and challenging to implement effectively. The amendment, led by Rep. Andy Biggs, R-Ariz., aims to restrict intelligence officials from querying information about U.S. citizens collected through Section 702 without a warrant, except in emergency situations involving imminent threats of harm.

House Intelligence Committee Chairman Mike Turner, R-Ohio, supported Johnson's stance, emphasizing the importance of safeguarding civil liberties and national security. Turner highlighted that the existing bill, the Reforming Intelligence and Securing America (RISA) Act, already includes necessary reforms to prevent Section 702 abuse.

The proposed legislation follows accusations of government misuse of FISA Section 702 during events such as the 2020 Black Lives Matter protests and the Capitol riot on Jan. 6, 2021. The bill, a compromise between the House Judiciary and Intelligence committees, aims to limit data access and enhance accountability standards to prevent abuse.

Despite concerns from privacy advocates on the right, Johnson defended the RISA bill, stating that it addresses the necessary reforms. While some Judiciary Republicans and allies opposed Johnson's position, the bill's supporters argue that the warrant amendment could significantly impact Section 702.

Rep. Dan Bishop, R-N.C., criticized Johnson's shift in stance, suggesting a departure from neutrality. In contrast, Rep. Darin LaHood, R-Ill., warned that the warrant amendment could fundamentally alter Section 702. Johnson clarified that House GOP leadership would not oppose the amendment but praised the RISA bill in its current state.

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