Congress Passes 10-Day FISA Extension as Trump Demands Clean Reauthorization
House and Senate vote Friday to temporarily extend Section 702 surveillance powers after failing to secure long-term reauthorization Trump wanted.
The House and Senate voted Friday to extend the Foreign Intelligence Surveillance Act for just 10 days, delivering a temporary fix after lawmakers failed to pass the long-term "clean extension" President Trump demanded. The 1978 law was set to expire Monday.
Section 702 of FISA gives the National Security Agency authority to spy on foreigners using data from US telecom companies. But critics from both parties say the provision allows the NSA and FBI to conduct "mass, warrantless surveillance" of Americans whose communications get swept up in the dragnet.
"The U.S. government engages in mass, warrantless surveillance of Americans' and foreigners' phone calls, text messages, emails, and other electronic communications," the American Civil Liberties Union stated. "Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security."
The 2008 provision allows government agencies to collect communications from non-citizens outside the US without warrants, while also capturing data from Americans in contact with targeted foreigners. Intelligence officials argue Section 702 helps disrupt terrorist plots, foreign espionage, drug trafficking, and cyber intrusions.
National security agencies contend that requiring judicial warrants would slow operations and reduce effectiveness. They say queries often aim to identify potential victims or prevent crimes — purposes that may not qualify for traditional warrants.
The FISA Court, established by Congress in 1978, reviews government applications for electronic surveillance and physical searches under the law. It ensures the NSA follows both FISA requirements and Fourth Amendment protections against unreasonable searches.
Recent attempts to reauthorize Section 702 for five years have stalled in the House as lawmakers demand reforms to protect American citizens from warrantless searches. The NSA works with law enforcement agencies like the FBI "to connect the dots between foreign-based actors and their activities in the US," according to the agency.
The temporary extension gives Congress 10 more days to negotiate reforms that could satisfy both national security concerns and constitutional protections. Trump's push for a clean reauthorization faces resistance from lawmakers who want stronger privacy safeguards built into any long-term deal.