Congress is facing a December 31, 2023, deadline to renew Foreign Intelligence Surveillance Act (FISA) Section 702, a powerful surveillance authority which permits the U.S. Intelligence Community to intercept the communications of foreign nationals. Renewal is an especially contentious issue in this iteration because of revelations of widespread FBI abuse of 702, particularly in improperly reviewing the communications of U.S. persons whose data has been incidentally collected. The attached table summarizes the important distinctions and similarities between the four public congressional proposals for 702 renewal, reflecting the most recent copies of these proposals that CSIS has viewed. They include the Government Surveillance Reform Act (GSRA), Protect Liberty and End Warrantless Surveillance Act (PLEWSA), FISA Reform and Reauthorization Act of 2023, and Report of the Majority FISA Working Group of the House Permanent Select Committee on Intelligence (which is a set of recommendations rather than a bill). Critical divergences include the scope of warrant requirements and the length of extension of 702 authorities.
