Senate passes FISA surveillance tool renewal minutes after midnight deadline

Roughly 40 minutes after it lapsed, the Senate voted to pass a renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which serves as a critical tool used by the government to gather intelligence on foreign subjects using the compelled assistance of electronic communication service providers.

The upper chamber voted 60-34 to pass the re-authorization. The provision lapsed for less than an hour at midnight on Friday, and if the renewal hadn't passed soon after, the expiration would have meant companies would not be forced to comply with the government's requests for surveillance aid under the bill.

Without the FISA section's re-authorization, the government would be required to seek a warrant to compel any such assistance, which is a process that can span extended periods of time.

The measure now heads to President Biden's desk for his signature.

SENATE PUSHES FORWARD FISA SURVEILLANCE BILL AS EXPIRATION LOOMS

"The stakes of such an outcome are grave," Senate Majority Leader Mitch McConnell, R-Ky., warned his colleagues in floor remarks Friday afternoon prior to any votes on amendments or the final bill.

"The authorities in question today have, quite literally, been the only defense against would-be national security disasters," he added.

On Thursday, Senate Majority Whip Dick Durbin, D-Ill., claimed the program would not "go dark," as others had suggested, if it was not renewed on time. Instead, Durbin pointed to recent certifications granted by the Foreign Intelligence Surveillance Court (FISC) that the Justice Department had informed Congress would "ordinarily remain in effect for one year, expiring in April 2025."

GOP LAWMAKERS SLAM BIDEN ADMINISTRATION'S NEW TITLE IX PROTECTIONS FOR 'GENDER