House Passes 3-Year Extension of FISA Section 702

The U.S. House of Representatives passed a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act on April 29, 2026, with a bipartisan vote of 235-191. The legislation renews the government's authority to conduct warrantless surveillance on foreign nationals outside the United States.

It now heads to the Senate, where it faces potential changes before a deadline on May 1, 2026. Forty-two Democrats supported the bill, while 22 Republicans opposed it. The program has drawn scrutiny for incidentally collecting communications of Americans without warrants.

Privacy advocates pushed for reforms, including a requirement for court approval to review Americans' data, but that provision was not included.

The renewed Section 702 allows intelligence agencies to intercept electronic communications of non-U.S. persons abroad. Approximately 350,000 targets are surveilled annually, some of whom communicate with Americans, leading to their data being collected.

Federal law enforcement must now seek approval from attorneys before querying Americans' information, provide written justifications to the Office of the Director of National Intelligence, and face potential criminal penalties of up to five years for misuse.

Top intelligence officials stated that a warrant requirement would hinder the program's effectiveness and national security. The vote followed President Donald Trump's urging last week for Republicans to support a clean extension amid the ongoing conflict with Iran.

The bill also includes an unrelated provision banning any future Central Bank Digital Currency, which Senate Republicans have indicated they will reject.

“Saying, 'oh, you need a separate warrant if you've got a separate interest in getting access to information we already collected for intelligence purposes,' we shouldn't make that mistake with something as important as things like terrorism or espionage.”

Critics argue the program violates Fourth Amendment protections by enabling surveillance of Americans without sufficient oversight. Rep. Brad Knott, R-N.C., stated on X that while Section 702 is useful for protecting against foreign attacks, it risks facilitating violations of citizens' rights if not checked.

The House had previously rejected five-year and 18-month extensions due to GOP defections. The three-year term emerged as a compromise after weeks of negotiations. The legislation expands the group of lawmakers who can review information presented to the Foreign Intelligence Surveillance Court.

The Senate path remains unclear, with possible modifications or a stopgap extension to allow further reforms. Senate Majority Leader John Thune, R-S.D., has told reporters the CBDC ban is unacceptable in the upper chamber. If altered, the bill would return to the House for another vote.

The extension comes amid broader scrutiny of surveillance powers, with privacy hawks from both parties seeking stronger safeguards. Intelligence officials maintain the tool is essential for countering threats like terrorism and espionage. The program's renewal has been debated for nearly two decades.

“With FISA, multiple aspects are true at once. FISA is undeniably useful in protecting America against foreign attacks. If not adequately checked, FISA powers will facilitate the violation of American citizens' Fourth Amendment rights.”

702 Section 702 was enacted as part of the Foreign Intelligence Surveillance Act amendments in 2008. It authorizes the collection of communications without individual warrants when targeting foreigners abroad. Incidental collection of U.S. persons' data has sparked ongoing legal and political challenges.

The current authorization was set to expire on May 1, 2026, prompting urgent action. , working to secure support from privacy-minded Republicans. The bill's fate in the Senate could determine whether additional reforms are negotiated.