Defense policy bill includes short-term extension of controversial government surveillance program

A critical annual defense policy bill that lawmakers are pushing to pass before the end of the year will include a short-term extension of a controversial law that permits warrantless surveillance of foreign nationals.

The issue has set up a leadership test for House Speaker Mike Johnson, a Louisiana Republican, and has already generated intense pushback from some on the right.

Lawmakers released a negotiated compromise version of the National Defense Authorization Act this week, which temporarily extends authority for the surveillance program through April 19.

The law, Section 702 of the Foreign Intelligence Surveillance Act, enables the US government to obtain intelligence by collecting communications records of foreign persons based overseas who are using US-based communications services.

Supporters argue Section 702 is a critical tool for safeguarding national security, but it has come under scrutiny from some lawmakers over alleged misuse.

The searches are governed by a set of internal rules and procedures designed to protect Americans’ privacy and civil liberties, but critics say that loopholes allow the FBI to search the data it collects for Americans’ information – as opposed to from foreign adversaries – without proper justification.

Tensions have flared on Capitol Hill over the extension in the defense policy bill.

Johnson and GOP Rep. Matt Gaetz of Florida were seen having what appeared to be an extended, heated conversation on the House floor Thursday. Gaetz told CNN the conversation was over NDAA, particularly the bill’s extension of Section 702.

“I’m concerned about the FISA extension,” said Gaetz, who does not support the FISA reauthorization in its current form.

Gaetz said of the conversation, “I wouldn’t consider it heated,” and described it as a “policy discussion.”
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