While the amendment did not pass, the majority of Republicans voted in support of the amendment, standing on the side of protecting civil liberties while also ensuring that national security threats posed by foreign adversaries like China can continue to be investigated.
The underlying bill – without the warrant requirement – still contains important steps in the right direction including restrictions on the Section 702 program, real limitations on the FBI’s involvement with the program, much-needed reforms to the traditional FISA process, and enhanced audits and penalties for violations.
There is still more work that is needed. A silver lining in the bill is that it reauthorizes FISA Section 702 for only two years instead of the alternative of five years (as originally written). This means that if conservatives are able to produce results in the next election cycle, they will have another shot to reform the bill while in a position of power.
It now heads to the Senate for debate.