Senator Chuck Grassley, chairman of the Senate Judiciary Committee, opened a hearing on the Foreign Intelligence Surveillance Act (FISA) with a focus on Section 702, which is set to expire in less than three months unless Congress acts. Section 702 provides critical tools for national security and accounts for an estimated 60% of the President’s Daily Briefing.
Grassley noted that the government has used Section 702 to address threats such as hacking and drug activity from foreign countries, including China. The program has also been credited with stopping terror plots against Americans both domestically and abroad, and supporting efforts to counter overseas threats. With rising cyber risks to key infrastructure, Grassley described Section 702 as "a valuable tool to stop these attacks before they happen."
He emphasized two points: “First, FISA Section 702 is an essential national security and intelligence tool used to keep America safe. Second, constant congressional oversight and vigilance is also essential to ensure this authority is exercised responsibly.”
Grassley raised concerns about executive accountability under FISA. He stated that despite Congress’s last reauthorization requiring access for Congress and staff to the Foreign Intelligence Surveillance Courts, “the Department of Justice, starting under President Biden – despite the clear language of Congress’s last reauthorization – hasn’t meaningfully allowed us and our staffs into the Foreign Intelligence Surveillance Courts, despite a statutory mandate to do so.” He added surprise that “the Trump administration has continued this misguided Biden-era policy.”
Grassley said he and Senator Durbin had written to Attorney General Bondi regarding procedures drafted by former Assistant Attorney General Matt Olsen but had not received a substantive response. “The Department can’t restrict Congress from exercising its statutory oversight authority over the FISA process, a process which Congress itself established in 1978,” Grassley said.
He argued that any future reauthorization should require these procedures be revoked and reaffirm congressional oversight rights. Grassley pointed out improvements from previous reforms: querying of U.S. persons has become rarer with nearly full compliance after recent safeguards were implemented; most recent FBI errors were clerical rather than intentional.
However, he acknowledged ongoing issues: “Congress’s reforms to 702 are making a difference. However, the government’s record with FISA more broadly is far from perfect.” He referenced abuses against former Trump campaign advisor Carter Page under Title I of FISA—not Section 702—and clarified that invalid warrants were used without proper procedures.
Grassley noted that those improperly surveilled have limited recourse: “United States citizens shouldn’t be subject to invalid warrants to begin with, but when they are, there ought to be some kind of remedy.”
He called for congressional involvement in selecting Amici—independent advisers—in surveillance court proceedings due to concerns about partisanship among current appointees. “Amici in these courts are supposed to be a check and balance in the proceedings. As such, they need to be non-partisan.”
Additionally, Grassley advocated expanding whistleblower protections beyond intelligence committees so disclosures could also reach other relevant congressional bodies like Judiciary.
“Making whistleblower laws even more clear is a priority,” he said.
Grassley concluded by stating his interest in hearing expert testimony on how best to balance transparency and oversight while maintaining effective national security operations through programs like Section 702.
