Representatives Biggs, Jayapal, Armstrong, Hoyle, and Davidson Lead Bipartisan Letter Urging House Leadership for FISA 702 Standalone Bill and Privacy Votes

Today, Congressman Andy Biggs (R-AZ), Congresswoman Pramila Jayapal (D-WA), Congressman Kelly Armstrong (R-ND), Congresswoman Val Hoyle (D-OR), Congressman Warren Davidson (R-OH), and a bipartisan group of 28 colleagues are sending a letter to House Speaker Mike Johnson (R-LA) and House Minority Leader Hakeem Jeffries (D-NY), urging them to oppose any attempt to attach reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) to “must-pass” legislation and to allow floor votes on crucial reforms to protect the privacy rights of Americans. FISA 702 authorizes the federal government to intercept electronic communications of non-U.S. persons who are located outside of the United States. However, the communications of Americans are often swept up when monitoring non-U.S. persons, are then kept by intelligence agencies, and can be later accessed without a warrant. This type of backdoor surveillance has occurred for decades and allows for rampant abuse of the FISA authorities. In 2022, the FBI used Section 702 over 200,000 times to search for Americans’ data, circumventing the Fourth Amendment. In December, the House Judiciary Committee overwhelmingly advanced Congressman Biggs’s legislation—H.R. 6570, the Protect Liberty and End Warrantless Surveillance Act (PLEWSA)—to reform the FISA 702 authority and end these abuses. Yet, House Leadership has not brought this legislation to the floor for a full body vote. 

“We cannot continue to turn a blind eye to warrantless surveillance in America. Congress has a real opportunity to make critical reforms to the FISA 702 spying authority. For more than a year, our bipartisan coalition worked to find common ground on reforms to protect Americans’ Fourth Amendment rights. But consideration in the House has been repeatedly stalled by Members fearful that the will of the House could lead to fundamental reforms of the program. It’s time to dispense with the temper tantrums and allow the full House to consider how best to end warrantless spying on Americans. Any effort to extend Section 702 authorities without reform should be a nonstarter,” said Congressman Andy Biggs.

“Congress has a duty to protect Americans’ right to privacy, it’s that simple. We have the opportunity to reform FISA and protect Americans civil rights and civil liberties by overhauling Section 702 and stopping unwarranted surveillance from intelligence agencies. Any attempts to extend or expand section 702 will put Americans’ sensitive data at risk. We cannot allow this to happen, and especially not by rushing it through in ‘must-pass’ legislation,” said Congresswoman Pramila Jayapal. 

Cosigners of the letter are: Rep. Becca Balint (D-VT), Rep. Lauren Boebert (R-CO), Rep. Eric Burlison (R-MO), Rep. Judy Chu (D-CA), Rep. Josh Brecheen (R-OK), Rep. Yvette Clarke (D-NY), Rep. Ben Cline (R-VA), Rep. Michael Cloud (R-TX), Rep. Andrew Clyde (R-GA), Rep. Steve Cohen (D-TN), Rep. Eli Crane (R-AZ), Rep. Lloyd Doggett (D-TX), Rep. Valerie Foushee (D-NC), Rep. Matt Gaetz (R-FL), Rep. Clay Higgins (R-LA), Rep. Barbara Lee (D-CA), Rep. Zoe Lofgren (D-CA), Rep. Anna Paulina Luna (R-FL), Rep. Nancy Mace (R-SC), Rep. Thomas Massie (R-KY), Rep. James McGovern (D-MA), Rep. Alex Mooney (R-WV), Rep. Barry Moore (R-AL), Rep. Katie Porter (D-CA), Rep. Matt Rosendale (R-MT), Rep. Chip Roy (R-TX), Rep. Janice Schakowsky (D-IL), and Rep. Randy Weber (R-TX).