Friend,

Congress is at it again—waiting until just before Christmas to push “must pass” legislation and then tacking on unrelated provisions and hoping no one notices or cares enough to object.

But we did, and we do.

One of the provisions tucked into the National Defense Authorization Act (NDAA), which is an atrocious bill in its own right, is a four-month extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA 702)—the notorious section of law that ostensibly authorizes electronic surveillance of foreigners abroad but in practice results in the vast collection and warrantless searches of Americans’ communications and other data.

The House this week was expected to consider two competing long-term proposals related to FISA 702—one good and one terrible—using an unusual voting scheme that would have all but guaranteed the establishment’s proposal came out on top. We’ll have more to say about these bills down the road, but for now the plan has been scuttled, and consideration of any longer-term reauthorization bill has likely been put off until sometime next year.

But the fight isn’t over.

FISA 702 is set to expire on December 31 of this year. FISA 702 is blatantly unconstitutional, and unless Congress enacts real reforms to rein in warrantless spying on Americans, this outrageous law must be allowed to expire. There is no amount of time for which it would be acceptable to extend a program that violates constitutionally protected rights in such an obvious and well-documented manner.

Note also that this surveillance program operates under a one-year FISA court certification that’s valid until April 2024, even if the underlying statute expires. These one-year certifications make the four-month extension of FISA 702 authority even worse: Extending FISA 702 until April would give the government time to obtain another annual certification, meaning that in practice the NDAA would be approving this unconstitutional spying program until April 2025!

To reauthorize a mass spying program, without any reforms, by throwing it into a “must pass” bill at the end of the year would be a complete abdication of Congress’s responsibility to the American people.

The people deserve better.

The Senate is expected to vote on passage of the NDAA (with FISA 702 extension) as early as TODAY. The House could then consider it as early as THURSDAY.

But we can stop it.

Some members of Congress have already expressed serious concerns about including FISA 702 in the NDAA.

That’s why it’s critical to keep the pressure on by contacting your senators and representative and urging them to vote NO on the NDAA (H.R. 2670) if it comes to the floor with an extension of FISA 702.

You can contact your members of Congress now by calling (202) 224-3121.

Tell them “Don’t renew FISA 702. Vote nay on the NDAA.”

 

In liberty,

Justin Amash

 

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