Congressional Black Caucus Statement on Foreign Intelligence Surveillance Act Reauthorization

Today, Congressional Black Caucus Chair Yvette D. Clarke (NY-09) and members of the Congressional Black Caucus issued the following statement:

"With Section 702 of the Foreign Intelligence Surveillance Act (FISA) set to expire on April 20, Congress faces an urgent responsibility to both protect national security and uphold the constitutional rights of the American people. That responsibility cannot be met without meaningful reform. Any reauthorization must include requiring law enforcement to obtain judicial warrants before accessing Americans' data, closing the 'data broker loophole,' banning warrantless backdoor searches of Americans' private communications, and repealing the 'visa vetting provision,' which could be used to target immigrant communities.

"The reauthorization of Section 702 without reforms raises serious concerns for the Congressional Black Caucus regarding privacy and the preservation of the rights of everyday Americans. The lack of Fourth Amendment protections in this legislation has enabled abuses by federal law enforcement officers without adequate guardrails to protect vulnerable communities.

"The Congressional Black Caucus has very serious reservations about legislation that would allow the continued oversurveillance of our communities. Congress must impose guardrails to address the many documented instances of abuse and warrantless searches of American citizens resulting from loopholes in this law. In previous years, federal law enforcement officers have conducted warrantless searches of the communications of Black Lives Matter protesters, U.S. government officials, journalists, political commentators, and congressional donors. This is wholly unacceptable.

"As it stands, the Trump Administration has already committed serious violations that undermine democratic norms. We cannot allow federal law enforcement officers to have unfettered and unregulated access to information to persecute political opponents or intimidate American citizens. The Fourth Amendment guarantees essential constitutional protections, and disregarding these rights crosses an extremely dangerous line. The Congressional Black Caucus calls on our colleagues in Congress to reform Section 702 of FISA and to protect the rights of the American people."