WASHINGTON – The Republican-controlled House is advancing a contentious three-year reauthorization of a pivotal U.S. surveillance program, which is set to expire this Friday. While the proposed legislation introduces new oversight mechanisms, it notably omits the warrant requirements that many critics have advocated for.
This bill still faces significant hurdles before becoming law, requiring approval from both the Senate and President Donald Trump. However, Republican leaders marked a significant procedural milestone on Wednesday, overcoming weeks of internal conflict.
“Two-thirds of the president’s daily national security briefing comes from intelligence collected by that statute,” stated Speaker Mike Johnson, emphasizing the necessity of the program. “We cannot allow it to go dark.”
A vote on the bill is anticipated on Wednesday afternoon, following Johnson securing the backing of several Republican holdouts. This procedural vote signifies a breakthrough for Republican leaders, who recently experienced multiple setbacks in their hurried attempts to extend the surveillance program.
In a bid to buy time, Republicans had previously settled on a short-term extension lasting until April 30, while continuing their negotiations. Initially, Trump, along with CIA Director John Ratcliffe and FBI Director Kash Patel, had advocated for an 18-month extension without any modifications.
Warrants Remain Central to the Debate
The ongoing debate focuses on a critical provision of the Foreign Intelligence Surveillance Act (FISA), which permits agencies like the CIA, NSA, and FBI to collect and assess communications from foreign targets without a warrant. Consequently, this may inadvertently involve American communications, a situation that many legislators find unacceptable.
Republican Rep. Chip Roy voiced his concerns, stating, “The intel community always just comes in and says, ‘People will die if you do this.’ Well, I’m sorry. A lot of Americans died to give us and protect that Fourth Amendment right that we don’t have government looking at our stuff.”
The current House bill does not include the sought-after warrant requirement. Instead, it proposes new oversight measures, including a monthly civil liberties review of U.S. person queries by an official within the Office of the Director of National Intelligence. Any violations will be referred to the Intelligence Community’s inspector general.
Additionally, the legislation aims to establish criminal penalties for officials who misuse the system or provide false compliance information, order a government audit of targeting practices, and enhance congressional access to FISA court proceedings.
Criticism and Support from Lawmakers
Ahead of Wednesday’s anticipated final vote, House Democrats criticized the extension. Maryland Rep. Jamie Raskin, the judiciary committee’s top Democrat, condemned the measure as a “three-year blank check” lacking “meaningful guardrails.”
“Under this bill, FBI agents will still collect, search and review Americans’ communications without any review from a judge,” Raskin asserted.
Conversely, Rep. Jim Himes, the House Intelligence Committee’s top Democrat, supported the extension, deeming the program “without question, the most important foreign intelligence tool.” He acknowledged that the bill introduces “marginally and modestly stronger” safeguards.
Uncertain Path Ahead in the Senate
Despite Senate Majority Leader John Thune maintaining communication with Johnson throughout this process, the future of the bill remains uncertain should it pass in the House.
One significant hurdle is the House Republicans’ linkage of the surveillance renewal with separate legislation aimed at banning a central bank digital currency, a proposal Thune has labeled “dead on arrival” in the Senate.
Oregon Sen. Ron Wyden, a longstanding advocate for FISA reform, criticized the House’s proposed deal as “deeply flawed,” but withheld his position on whether he would support an extension.
On Wednesday, Thune suggested a potential short-term extension of the program while lawmakers finalize details, proposing that a 60-day extension could serve as a compromise.
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Associated Press reporter Mary Clare Jalonick in Washington contributed to this report.
