House Republicans Draft Extension of FISA Section 702 Without Warrant

House leaders released a draft to reauthorize Section 702 of the Foreign Intelligence Surveillance Act for three years, extending the program past its April 30 expiration. The bill retains authority to collect communications of foreign targets and adds procedural reforms, such as requiring attorney approval before FBI queries that may involve U.S. persons and mandating civil liberties protection officer reviews. It does not add a warrant requirement for accessing Americans’ communications, a change advocated by privacy-focused lawmakers.

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Section 702 permits surveillance of non-U.S. persons overseas and expires on April 30. President Trump sought an 18-month “clean” extension with no reforms. The House failed to pass a renewal, leading to a 10-day extension. Senate Majority Leader John Thune (R-SD) filed cloture for a three-year renewal, setting a Senate vote for next week.

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The draft sets a three-year term, longer than the President’s 18-month request. It requires FBI agents to obtain attorney sign-off before querying data that could involve U.S. persons and expands congressional oversight by allowing a larger pool of lawmakers to review Section 702 filings before the Foreign Intelligence Surveillance Court.

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Republicans argue existing Fourth Amendment protections already limit misuse of Americans’ data, while privacy advocates say without a warrant, incidental collection of U.S. persons’ communications remains unchecked, raising civil-liberties concerns.

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Rep. Brian Fitzpatrick (R-PA) said adding a warrant would “shut the system down,” preventing intelligence officers from reviewing lawfully obtained information. Rep. Jim Himes (D-CT) warned the process has excluded Democratic input and that a non-bipartisan bill is unlikely to succeed.

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House Freedom Caucus members expressed dissatisfaction, saying the draft falls short of a warrant provision. Democrats, led by Rep. Himes, argued the bill’s lack of bipartisan collaboration undermines its viability.

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Republicans say Fourth Amendment safeguards are already embedded in Section 702, while privacy proponents demand an explicit warrant. The draft does not detail how expanded congressional review will operate, leaving procedures unclear.

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• “We reaffirm Fourth Amendment protections, which we believe already exists. Some of our colleagues don’t believe they already exist, so we are just going to reaffirm that,” — Rep. Brian Fitzpatrick, R-PA

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• “It’s a chicken and egg problem,” — Rep. Brian Fitzpatrick, R-PA

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• “This is obviously a continuation of the Republicans’ attempt to do everything on their own without our help,” — Rep. Jim Himes, D-CT

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• “I don’t know what they’re doing, and I fear that a non-bipartisan bill is not going to work.” — Rep. Jim Himes, D-CT

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The Senate is slated to vote on the three-year renewal next week. Depending on the outcome, the House may need to negotiate further reforms or explore alternative legislative routes to address the warrant debate.

The Hill