Congress is set to take up the reauthorization of a divisive program that lets U.S. spy agencies pore over foreigners’ calls, texts and emails.
President Donald Trump has been urging lawmakers to extend FISA 702, saying it is “desperately needed,” while critics point to long-standing concerns about warrantless surveillance of Americans.
A key provision of the Foreign Intelligence Surveillance Act permits the CIA, National Security Agency, FBI and other agencies to collect and analyze vast amounts of overseas communications without a warrant. It incidentally sweeps up the conversations of any Americans who interact with those foreigners targeted for surveillance.
The program expires Monday, and critics want changes, including a requirement for warrants before authorities can access the emails, phone calls or text messages of Americans.
They also want limits on the government’s use of internet data brokers, who sell large volumes of personal information gleaned online, offering the government what critics say amounts to an end-run around the Constitution.
House Republican leaders hoped to advance the legislation on Wednesday, but an initial procedural step was delayed. Rank-and-file members have pushed back despite a pressure campaign that included a trip to the White House and direct involvement from CIA Director John Ratcliffe.
The chances of significant changes, however, seem have dropped since Trump announced his support for the program’s renewal, saying it had proved its worth in supplying information vital to recent U.S. actions in Venezuela and Iran.
“The fact is, whether you like FISA or not, it is extremely important to our military,” Trump said on social media Tuesday.
Trump calls for another extension of the program
U.S. authorities say the program, known as Section 702 of the law, is essential to national security and has saved lives by uncovering terrorist plots. Critics question what they say is a dangerous infringement on civil liberties and privacy.
In a Truth Social post, Trump said a different FISA provision was used to spy on his 2016 campaign but that he supported Section 702’s renewal despite misgivings that political adversaries could use parts of the law against him in the future. He urged lawmakers to extend the foreign surveillance program for 18 more months.
“My administration has worked tirelessly to ensure these FISA reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution,” Trump wrote.
The Republican president is a longtime critic of the nation’s intelligence services and was once opposed to Section 702 before he reversed himself. His director of national intelligence, Tulsi Gabbard, sponsored legislation to repeal Section 702 as a Hawaii congresswoman but now supports it. She says new protections added since her time in Congress helped change her mind.
Some Republican House members who have opposed the extension without changes went to the White House late Tuesday to discuss the matter. Ratcliffe also met with lawmakers early Wednesday.
“I am asking Republicans to UNIFY, and vote together on the test vote to bring a clean Bill to the floor,” Trump said Wednesday. “We need to stick together.”
Greater protections are sought for Americans’ communications
In addition to a requirement for a warrant to access Americans’ data, critics also want greater protections on how the FBI or other agencies can search communications and how that is reported to the public.
“Journalists, foreign aid workers, people with family overseas, all could have their communications swept up in this surveillance merely because they talked to someone outside of this country,” said Sen. Ron Wyden, D-Ore. He is pushing for changes that he said will ensure the government is not violating civil rights in secret.
Several Republicans also have suggested changes, such as the warrant requirement.
“National security and civil liberties are not mutually exclusive,” said Rep. Andy Biggs, R-Ariz. “We can give our intelligence professionals the tools they need to target foreign threats while ensuring that Americans are not subjected to unconstitutional surveillance.”
Gabbard’s office releases an annual report showing the number of foreign surveillance targets and number of searches likely to identify an American. For 2025, the number of foreign surveillance targets increased to nearly 350,000 from almost 292,000 in 2024. Searches using terms likely to identify an American decreased slightly to 7,724 from 7,845 in 2024.
The totals are incomplete because agencies such as the FBI have found ways to access the data without reporting the searches publicly, said Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center for Justice at New York University.
FBI officials repeatedly violated their own standards when searching for intelligence related to the Jan. 6, 2021, riot at the Capitol and racial justice protests in 2020, according to a 2024 court order.
“It’s reminiscent of J. Edgar Hoover’s tenure at the FBI,” Goitein said, referring to the FBI’s founding director who used illegal surveillance to harass and spy on Americans. “They can pretty much target anyone.”
There’s little time to make changes to the law
Despite bipartisan concerns about the law and its implications for civil liberties, time is running out for Congress to make any changes before Monday’s expiration.
Trump’s support also reduces the odds that enough Republicans will break ranks and join Democrats to push for an overhaul.
Rep. Jim Himes of Connecticut, the top Democrat on the House Intelligence Committee, announced a proposal Tuesday that would require the Justice Department to seek a court order before the FBI could access search results involving Americans. Himes said in a statement that he wants to see Section 702 renewed with new protections.
It “is too critical to allow it to expire, but the legitimate concerns about the possibility of abuse also demand that we consider additional reforms,” he said.
The best chance for inserting changes likely is the House, where a large number of lawmakers from both parties have expressed concerns.
But Rep. Rick Crawford, an Arkansas Republican who leads the House Intelligence Committee, is backing Trump’s call for an 18-month renewal.
Crawford has said he believes the government can empower spy agencies while also holding them accountable.
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