One bill is supported by both Biden's White House and Trump allies, the second is supported by the Electronic Frontier Foundation.
A Floor vote could start as early as today - Tuesday December 12, 2023.
As well as this The Intercept piece, see also https://www.wired.com/story/section-702-house-bills-plewsa-frra/
I've included highlights from both articles below
Excerpt
Competing bills moving through the House of Representatives both reauthorize Section 702 surveillance—but they pave very different paths forward for Americans' privacy and civil liberties.The committee is pushing a bill that civil liberties experts say would amount to the largest expansion of domestic surveillance in decades.
Section 702 surveillance begins with monitoring the communications of foreigners believed to be located outside of the United States. Under these conditions, the US government can ignore most constitutional protections, wiretapping nearly any individual it deems likely to possess—or likely to possess in the future—information of intelligence value.
Correspondence between foreign targets and their lawyers, doctors, religious leaders, wives, husbands, and children are all open for collection, a fact that would not change if every one of them were a US citizen. Whatever calls, emails, or texts are intercepted as a result of targeting a foreigner under 702 are legally permissible, or “incidental,” in spy agency parlance.
Once that information is legally in the government’s possession, the use of it is subject to a different set of legal doctrines, many of which ignore the novel circumstances under which it was initially seized. A federal appeals court in 2021 described the “two-step” process by which communications may be seized under 702 and only years later dug up for an entirely different reason. The process on the whole is constitutional, it said, so long as each step “independently complies with the Fourth Amendment.” Under this logic, the FBI has been permitted to treat the private communications of Americans—secretly obtained during foreign surveillance—as roughly the equivalent of information it stumbles across in plain view.
How often Americans are targeted by Section 702 surveillance is a question that the government says it genuinely can’t answer. It does, however, disapprove of using the word “target” to describe Americans whose calls and texts are intercepted by US spies.
Congressional sources opposed to the FRRA, the House Intelligence Committee’s bill, say it reflects a deference toward executive power that has become customary among House and Senate intelligence staff. In arguing that constant experience has never shown secret agencies to be predisposed to self-restraint, a senior aide pointed to the case of an intelligence analyst caught abusing 702 data for “online dating” purposes last year. It had recently been confirmed, they said, that the analyst had not been fired.
“The Intelligence Committee’s ‘FISA Reform and Reauthorization Act’ may have the word ‘reform’ in its name, but the bill’s text proves otherwise,” says Representative Zoe Lofgren. “Congress
In an eleventh-hour effort to preserve and expand the federal government’s warrantless surveillance powers, the House Intelligence Committee advanced a bill last week that has the full-throated support of Donald Trump’s senior law enforcement appointees. The bill, which has been described by civil liberties advocates as “the largest expansion of domestic government surveillance since the Patriot Act,” would increase federal surveillance agencies’ access to the communications of U.S. citizens with almost no federal oversight or restrictions.
Civil rights experts warn that the sweeping powers the Intelligence Committee’s bill would create would be a danger under any presidential administration, and a particular threat should should Trump win the 2024 election. “Jim Himes appears to be desperately throwing a Patriot Act-like expansion of warrantless surveillance into the hands of Donald Trump,” Sean Vitka, policy director at Demand Progress, told The Intercept. “It’s beyond unacceptable and must be called out.”
According to Wired, the Intelligence Committee bill is being quietly supported by the White House and senior intelligence community officials.
The House Judiciary Committee, meanwhile, free from the influence wielded by spy agencies over the Intelligence Committee, has advanced a competing piece of legislation, which would defang the 702 authority by forcing government officials to obtain warrants prior to its use, in addition to a number of other reforms that would inhibit warrantless data collection. In Congress, the bill is supported by members of the Congressional Progressive Caucus as well as the right-wing Freedom Caucus. It’s also backed by civil liberties advocates including the Electronic Frontier Foundation and the American Civil Liberties Union.
On Tuesday, the House is likely to vote on the Section 702 legislation through a process known as Queen of the Hill. The unusual parliamentary procedure would put the two competing bills up for a floor vote, with a simple winner-takes-all majority needed to secure passage. Minority Leader Rep. Hakeem Jeffries, D-N.Y., did not respond to The Intercept’s request for comment about his position on the dueling reauthorization efforts.
Congress will also be voting this week on the National Defense Authorization Act, a must-pass bill that contains a provision extending the 702 authority in its current form until April.
Section 702 allows the U.S. government to gather the communications of non-U.S. citizens abroad, but in practice, it allows the government to surveil Americans who are in touch with foreign nationals as well. The authority has been used to conduct thousands of “backdoor” searches on U.S. citizens, including elected officials and activists. The spying power grants the government the ability to force telecommunications providers to hand over information on its targets. The language in the Intelligence Committee bill would expand the definition of entities that must comply with requests under 702, making it such that almost any company or organization involved in communications would have to surrender information to investigators without a warrant.
Rep. Zoe Lofgren, D-Calif., has described it as a “Patriot Act 2.0.” Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center, said that the House Intelligence Committee’s bill would have devastating consequences for everyday Americans. “Hotels, libraries, coffee shops, and other places that offer wifi to their customers could be forced to serve as surrogate spies. They could be required to configure their systems to ensure that they can provide the government access to entire streams of communications,” she tweeted. “Even a repair person who comes to fix the wifi in your home would meet the revised definition: that person is an ’employee’ of a ‘service provider’ who has ‘access’ to ‘equipment’ (your router) on which communications are transmitted.”