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Tom McClintock
Republican·California

FISA Extension: S 1318 – Yes

April 30, 2026 Vote Notes on Legislation FISA Extension: S 1318 – Yes . I have consistently voted against FISA 702 reauthorizations without a warrant requirement for querying information involving U.S. citizens. This issue arises at the fringe of our 4 th Amendment protection against unreasonable searches. It involves a situation in which, during surveillance of a foreign target in a foreign country, a communication into the United States is intercepted. All that is known of the party in the United States is a phone number or IP address. This information is then stored in a data base. The question is, can the record of this communication be queried without a warrant? This creates a Catch-22: knowing the individual’s identity is necessary to get a warrant, yet a warrant can’t be obtained until that information is known. In this penumbra, I have always leaned toward requiring a warrant. However, I am informed that these queries are essential in identifying plots against the United States, and that this information alone cannot be used in a criminal prosecution. Further, about 2/3 of the President’s intelligence briefings are derived from these queries. Recent reforms have dramatically reduced the searches that can be made on this database and this bill adds increased penalties for abuses. The reforms and limitations on this process and the importance that the intelligence agencies attach to it have convinced me to grant a three-year extension to this program, after which Congress can again re-visit this issue. Issues : National Defense

Source: https://mcclintock.house.gov/newsroom/vote-notes-legislation/fisa-extension-s-1318-yes
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