Rep. Jim Himes (D-Conn.), the ranking Democrat on the House Intelligence Committee, is pressing Republicans to seize the lame-duck session to renew the government's warrantless surveillance powers, cautioning that the political landscape will shift dramatically next year.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) permits the government to intercept communications of foreigners abroad, but privacy advocates on both sides of the aisle are pushing for a warrant requirement before agents can review incidentally collected data on U.S. citizens. Himes argued that the incoming Congress, with a Democratic majority, will be far more receptive to those demands.
“I made it clear to some very senior administration officials that they should get this thing done in the lame duck because it's going to be a very different 702 that gets reauthorized in the first quarter of next year, and I think they heard the message,” Himes told The Hill. He stressed that this was not an endorsement of either outcome, but a political reality: “The 702 that gets reauthorized with a Democratic House and Senate is going to be a very different 702 that gets reauthorized in the lame duck.”
Himes also expressed frustration with the administration's handling of the issue, saying, “I just asked them to think about that because they've been screwing around. The administration's been screwing around and deprioritizing this issue, even though it's exposing them to huge risk.”
The Republican-led House passed a renewal bill with limited reforms, but the Senate has not acted, allowing the authority to lapse over the summer. Intelligence agencies are currently operating under a stopgap authorization from the Foreign Intelligence Surveillance Court, but that expires in March, and there is a risk that telecom companies will stop complying with requests once the legal mandate lapses.
The FISA 702 fight does not fall neatly along party lines. Himes and several other Democrats supported the GOP bill now stalled in the Senate. However, a growing number of Democrats are calling for tighter controls on surveillance, citing concerns about President Trump's use of the authority and the need to protect Americans' privacy.
The GOP bill passed without Democratic amendments, including Himes's proposal to require FISC review—though not a full warrant—before examining any information collected on U.S. citizens. Himes's warning underscores the urgency for Republicans to act quickly, as the window for a more surveillance-friendly reauthorization is closing.
With the lame-duck session underway, the fate of FISA 702 hangs in the balance. Himes's comments reflect a broader anxiety among intelligence officials that failure to act now could lead to a far more restrictive framework, hampering counterterrorism and cybersecurity efforts. The debate is likely to intensify as the March deadline approaches.
