Oversight of the Foreign Intelligence Surveillance Act

Immigration Enforcement and Sanctuary PoliciesHouse Judiciary · 2025-12-11 · 119th Congress
The House Judiciary Committee held this oversight hearing to examine the Foreign Intelligence Surveillance Act, particularly Section 702, which is set to expire April 19, 2026, and to consider what reforms—especially a warrant requirement for searches of Americans' data—should accompany reauthorization. Begins at 0:21:00
Transcript
Highlights

Title

House Judiciary examines FISA Section 702 reauthorization ahead of April expiration

Purpose

The House Judiciary Committee held this oversight hearing to examine the Foreign Intelligence Surveillance Act, particularly Section 702, which is set to expire April 19, 2026, and to consider what reforms—especially a warrant requirement for searches of Americans' data—should accompany reauthorization. Four witnesses testified: Brett Tolman (Right on Crime), Gene Schaerr (Project for Privacy & Surveillance Accountability), James Czerniawski (Consumer Choice Center), and Elizabeth Goitein (Brennan Center), alongside extensive bipartisan member questioning on backdoor searches, data broker purchases, and FISA Court oversight. Begins at0:21:00

Who spoke

Chairman Jim Jordan (R-OH)0:21:00: Opened by recounting that the FBI told the committee 10,000 people could query 702 data and that an IG probe found 3.3 million US-person searches in 2021, 278,000 done improperly0:22:310:23:15; said Congress came within one vote (212-212) of enacting a warrant requirement last Congress and wants it included this time0:25:58.

Ranking Member Jamie Raskin (D-MD)0:26:29: Noted Section 702 expires April 19, said the two-year "experiment" relying on FBI internal reforms produced "alarming" results, and warned of growing government-tech "coziness" and data-compiling by the administration0:27:140:30:05.

Brett Tolman, Right on Crime0:32:54: Said DOJ/FBI leaders Comey and Mueller had promised 702 wouldn't be abused and "that was a lie"0:34:08; cited Crossfire Hurricane, Arctic Frost, 1,600 airport-based searches and 2,000 athlete searches as evidence of abuse0:34:370:35:01; called for a probable-cause warrant requirement0:35:57.

Gene Schaerr, Project for Privacy & Surveillance Accountability0:37:29: Identified four unresolved issues—backdoor searches, data broker purchases, the expanded ECSP definition sweeping in houses of worship and small businesses, and lack of amicus participation0:38:110:38:580:39:27; urged all four be conditions of reauthorization0:40:220:41:13.

James Czerniawski, Consumer Choice Center0:42:31: Cited Gallup polling showing FBI approval at 41%, an 18-point drop in ten years0:44:15; proposed closing the backdoor search and data broker loopholes, strengthening FISA Court oversight, and fixing the ECSP definition0:44:45.

Elizabeth Goitein, Brennan Center0:46:29: Said the FBI conducted more than 57,000 backdoor searches in 2023 and that after RISA's 2024 reforms, the FBI failed to properly count all queries, leaving the true 2024 total unknown beyond the reported 5,5180:48:170:49:55; called warrantless access "an invitation to government overreach"1:00:47.

Rep. Laurel Lee (R-FL)0:51:31: Highlighted her sponsorship of RISA and cited the DOJ Inspector General's postreform review finding non-compliant queries reduced, though continued monitoring is needed0:52:580:53:54; asked Schaerr about the value of supervisory/attorney pre-approval0:54:51.

Rep. Jamie Raskin (again, follow-up)0:57:28: Pressed Goitein on Smith v. Maryland and warrant-protects-the-innocent logic0:57:43; asked about Palantir data compilation and questioned Tolman on why national-security mindset differs from criminal-justice practice0:59:191:01:32.

Rep. Andy Biggs (R-AZ)0:52:54: Asked all witnesses whether a manager's internal review equals judicial probable-cause review (unanimous "no")1:03:25; raised data-broker circumvention of the Fourth Amendment and entered articles into the record, including a Trump statement to "kill FISA"1:05:331:08:10.

Rep. Zoe Lofgren (D-CA)1:09:10: Referenced her decade-old amendment with Justin Amash and Thomas Massie to require warrants, said she is reintroducing a bipartisan government surveillance reform bill1:09:33; asked Goitein to explain the expanded ECSP definition's reach into cloud/data centers1:11:51.

Rep. Eric Swalwell (D-CA)1:14:43: Asked whether any Senate Republicans targeted in Arctic Frost were legitimate national-security risks (none), calling their targeting "unforgivable"1:15:14; questioned Tolman on deterrence given Kevin Clinesmith's lack of jail time1:15:42; used a heat-sensor/Kyllo analogy to argue purchased data should require a warrant1:16:38.

Rep. Tim Burchett (R-TN)1:20:07: Asked Goitein whether FISA's problem is the law or its enforcement (both) and whether AI will worsen query-definition problems1:20:231:21:39; discussed whether the FISA Court has been consistent (Goitein: "remarkably tolerant" of abuses)1:22:14.

Chairman Jordan (extended round)1:25:15: Described Jack Smith subpoenaing then-Speaker McCarthy's phone toll records for a two-month span without notice, and touted committee-passed nondisclosure/gag-order legislation1:26:191:27:12; asked witnesses to prioritize the four core reforms for the upcoming bill1:28:09.

Rep. Hank Johnson (D-GA)1:31:31: Argued the committee ignored DOGE's cross-agency data compilation under Elon Musk and questioned whether there should be a warrant exception for imminent-threat queries1:31:311:35:23.

Rep. Darrell Issa (R-CA)1:38:34: Traced Fourth Amendment history to the 1761 writs-of-assistance trial and John Adams, and pressed Schaerr on whether metadata warrants function as "general warrants" leading to specific ones1:40:421:41:12; questioned FISA Court secrecy and low warrant-rejection rates1:42:00.

Rep. Marilyn Strickland (D-WA)1:44:12: Asked Goitein why the FBI's query-counting change matters and how a warrant requirement would reduce excessive-caution concerns among agents1:45:111:49:16.

Rep. Glenn Grothman (R-WI)1:50:45: Asked Czerniawski whether the ECSP definitional problem remains unresolved (yes) and asked Tolman how to police the secret data-broker loophole1:51:101:52:33.

Rep. Mary Scanlon (D-PA)1:57:09: Cited NSPM-7 and Attorney General Bondi's domestic-terrorism list as evidence of politically motivated surveillance risk, and asked Goitein whether internal oversight has proven adequate1:59:282:00:50.

Rep. Thomas Massie (R-KY) [2:03:09 approx., speaking during Comer's yield]: Recounted a three-hour SCIF briefing in which intelligence leaders could not give one example where a warrant requirement would have prevented solving a crime, and raised Executive Order 12333 and the Right to Financial Privacy Act as surveillance loopholes2:04:092:05:222:07:24.

Rep. Brittany Pettersen (D-CO)2:09:28: Yielded time to Massie to continue his line of questioning2:09:29.

Rep. Ben Cline (R-VA) [2:10:29, listed as gentleman from Colorado's yield to Texas... — see Rep. Pfluger]: (See below.)

Rep. Jeff Van Drew (R-NJ) [2:14:11, part of unified questioning] — *(not clearly present; see general Q&A)*

Rep. Jared Moskowitz (D-FL)2:55:44: Delivered an extended commentary tying the hearing to economic "affordability," then engaged Chairman Jordan and acknowledged FISA reform's importance before yielding2:56:213:00:59.

Rep. Harriet Hageman (R-WY)3:01:31: Argued for statutory sunsets given fast-moving technology, and asked Czerniawski whether two-year 702 reauthorization cycles aid oversight3:03:173:03:45.

Rep. Glenn Grothman (follow-up)/Rep. Morgan Griffith and others — additional members including Reps. Kevin Kiley, Nathaniel Moran, Russell Fry, Pat Harrigan, Sheila Jackson-adjacent successor Sylvia Garcia, and Jasmine Crockett-style questioners also participated in later rounds pressing on Woods Procedures, Clinesmith's punishment, and data-broker contracts3:12:193:14:003:26:41.

Rep. Sylvia Garcia (D-TX)3:25:12: Asked Goitein to describe the scale of the 702 database (about a billion internet communications collected annually, several billion in storage) and how many federal employees can access it without a warrant3:25:293:27:51.

Rep. Nickolas (freshman pastor-member, exact name per transcript unclear)3:29:56: As a former pastor, asked Schaerr whether the expanded ECSP definition could force churches to facilitate warrantless surveillance of parishioners (yes)3:31:193:32:14.

A committee member (Texas delegation)3:36:05: Linked administration record-destruction practices (autodelete tools, fired records officers) to reduced whistleblower ability to expose surveillance abuses, and asked Goitein to explain historical FISA-era surveillance of marginalized groups including Martin Luther King Jr.3:37:273:39:04.

Key moments

Chairman Jordan stated the FBI told Congress 10,000 people could query the 702 database, and an IG review found 3.3 million US-person queries in 2021, with 278,000 conducted improperly, including searches on journalists, Black Lives Matter members, 19,000 political donors, and members of Congress0:22:310:23:150:23:39.

Tolman testified Comey and Mueller personally assured him 702 would not be abused against Americans, calling that assurance "a lie," and cited 1,600 backdoor searches tied to people at a specific airport and 2,000 searches on athletes0:34:080:35:01.

Goitein said the FBI conducted more than 57,000 backdoor searches in 2023, but after 2024 reforms the FBI stopped counting a category of queries via a "System One" sorting tool, leaving the true 2024 total unknown beyond the reported 5,5180:48:170:49:28.

All four witnesses agreed unanimously, in response to Rep. Biggs, that a supervisor's internal approval is not equivalent to independent judicial review requiring probable cause1:03:25.

Rep. Swalwell asked whether any of nine specific Republican senators/members targeted in Arctic Frost posed a legitimate national security risk; no witness identified one, and Swalwell called the targeting "unforgivable"1:15:141:15:42.

Chairman Jordan described Special Counsel Jack Smith subpoenaing then-Speaker Kevin McCarthy's phone toll records covering a two-month period from three years earlier, without notifying McCarthy, as an example of surveillance abuse1:26:19.

Rep. Massie recounted a three-hour SCIF briefing with the CIA director, DNI, and FBI head in which none could provide an example where a warrant requirement would have prevented solving a crime or mass-casualty event2:04:09.

Rep. Raja Krishnamoorthi (identified via transcript as questioner on immigrant vetting) noted RISA's immigrant-vetting provision would allow suspicionless surveillance of over 10 million non-citizens seeking to travel annually, a provision Chairman Jordan himself opposed and that 80 Republicans voted against2:45:442:46:52.

Rep. Fry highlighted that FBI attorney Kevin Clinesmith altered a document to enable 11 months of unlawful surveillance of Carter Page but received only 12 months of probation, which Tolman called insufficient deterrence3:13:053:13:38.

Goitein told Rep. Garcia the 702 database likely contains several billion communications in storage, drawn from roughly 300,000 foreign targets who need not be suspected of wrongdoing, accessible to roughly 10,000 FBI agents without a warrant3:25:533:27:01.

Metadata

CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
Date2025-12-11
TypeHearing
Witnesses
Mr. Brett Tolman — Executive Director, Right on Crime
Mr. James Czerniawski — Head of Emerging Technology Policy, Consumer Choice Center
Ms. Elizabeth Goitein — Senior Director, Liberty and National Security, Brennan Center
Mr. Gene Schaerr — General Counsel, Project for Privacy & Surveillance Accountability
Videoyoutube
Transcript690 caption blocks · 33,487 words · 3:41:56 runtime
EventCongress.gov 118740