House passes 45-day FISA extension after senators secure declassification deal
The proposal, a temporary reprieve for Section 702 of the Foreign Intelligence Surveillance Act, was passed 261-111 after Sen. Ron Wyden, D-Ore., worked out a deal with the leaders of the Senate Intelligence Committee that would guarantee the declassification of a secret Foreign Intelligence Surveillance Court opinion within 15 days.
The bill now goes to President Donald Trump’s desk for his signature. The extension punts the authority’s expiration into June.
Section 702 lets spy agencies warrantlessly collect communications of foreign targets abroad, but it can sweep in Americans’ texts, emails and phone calls when they communicate with targets, raising Fourth Amendment concerns from privacy advocates. Many lawmakers from both sides of the aisle have sought a warrant requirement for queries of U.S. person data collected under the law.
Wyden, who sits on the intelligence committee and has long pushed for a warrant measure, said he agreed to back the 45-day extension of Section 702 after securing a commitment with Sens. Tom Cotton of Arkansas and Mark Warner of Virginia, the lead Republican and Democrat respectively on the intelligence panel.
“Earlier this month, the Department of Justice delivered to Congress a classified Foreign Intelligence Surveillance Court (FISC) opinion and order dated March 17, 2026,” Wyden said on the Senate floor Thursday, reading the letter expected to soon go to the Justice Department and the Office of the Director of National Intelligence.
“Under the law, your offices are currently conducting a declassification review for the purposes of making this FISC opinion and order publicly available, consistent with the protection of sources and methods, as soon as practicable. In order to inform the Senate debate on reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, we expect that this declassification review will be completed, and the FISC opinion released publicly, within 15 days,” Wyden’s letter added.
Nextgov/FCW has asked ODNI and the DOJ for comment.
Throughout the reauthorization process, Wyden has been circulating a letter to colleagues in both chambers arguing the spying program has been abused under a “secret interpretation.”
Under U.S. law, the attorney general and director of national intelligence are expected to make key rulings from the Foreign Intelligence Surveillance Court public when possible, especially those that shape how surveillance laws are used. They can redact sensitive details or release summaries instead, though the move by Wyden aims to give the public some insight into how authorities like Section 702 are applied.
The White House has been advocating for an 18-month clean extension of the law, arguing it’s especially needed for military operations.
Efforts to advance a three-year extension failed Thursday, after Senate Majority Leader John Thune, R-S.D., said he wouldn’t support the version, which included a central bank digital currency ban desired by a tranche of GOP lawmakers in the House.
In March, the Trump administration notified Congress that the Foreign Intelligence Surveillance Court renewed certifications for the surveillance program, letting it operate for another year even amid its potential expiration.
But the split between the court’s recertification process and Capitol Hill’s role in extending Section 702 can create uncertainty for companies required to comply. While the court approves how the program operates, only Congress can authorize it to continue, raising questions about whether firms would still be obligated to provide data if the law lapses.
Over the last few months, the FISA fight has been shaped by rising unease over privacy and government power, with Democrats and advocacy groups questioning how Americans’ communications are handled and processed once collected.
Those concerns have intersected with broader debates over domestic surveillance, immigration enforcement and the potential for advanced artificial intelligence tools to amplify the government’s ability to analyze sensitive personal data.
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