FreedomWorks Statement on the Inclusion of FISA in NDAA

Washington, D.C. – Following the release of the conference report for the National Defense Authorization Act (NDAA) for FY 2024, which includes language to reauthorize the Foreign Intelligence Surveillance Act (FISA), Adam Brandon, FreedomWorks president, commented:

“We have some whiplash right now over FISA and NDAA. Initially, Speaker Johnson has been all over the map on whether or not he would ram through a short-term reauthorization of FISA in NDAA. The conference report for NDAA may say that this extension of FISA runs through April 19, but, in reality, this is a year-long extension. The intelligence community will seek recertifications for existing orders to collect information under FISA. Those recertifications will last for a full year. That means that this extension of FISA will continue to use existing law that allows the FBI to warrantlessly search Americans’ communications through April 19, 2025.

“The use of FISA to warrantlessly search Americans’ communications isn’t a theoretical notion. FISA has been used to wrongfully spy on everyone from donors to a congressional campaign to protesters to members of Congress without a warrant.

“We’ve known for six years that FISA would expire. This isn’t exactly a surprise to anyone. Using a ‘must-pass’ bill like NDAA to reauthorize FISA is legislative malpractice. We urge members of the House and the Senate to vote against NDAA and to support the Protect Liberty and End Warrantless Surveillance Act, which would reauthorize FISA while bringing reforms that protect Americans’ privacy, end warrantless surveillance, and hold the intelligence community accountable.”