Critical U.S. Surveillance Law Expires Next Month as Congress Battles Over Reforms

House Speaker Mike Johnson, R-La., said Wednesday he is working to build consensus on extending Section 702 of the Foreign Intelligence Surveillance Act, which expires April 20.

House GOP leaders postponed a procedural vote on the extension, which permits federal authorities to collect foreign intelligence by monitoring non-U.S. persons abroad without individual warrants for each target. The program can incidentally capture Americans’ communications.

Newsmax congressional correspondent Kilmeny Duchardt asked Johnson at the Capitol what it would take to secure the extension. “Consensus building, as it always does,” he said. “We’ll get it done.”

Lawmakers are divided over whether to renew Section 702 without changes or require a warrant before the FBI searches data involving U.S. citizens. Supporters argue the tool is vital for tracking terrorists and foreign adversaries, while critics say it risks violating Americans’ Fourth Amendment rights.

The debate has created an unusual alliance of conservative Republicans and liberal Democrats advocating for reforms, complicating efforts to extend the program before its deadline. Congress last reauthorized Section 702 in April 2024 with multiple reforms but rejected a warrant requirement for searches of American communications.

President Donald Trump favors a clean extension without alterations, despite the section being used during his 2016 presidential campaign investigation into alleged Russian ties—a matter he and allies have called a hoax.

Further complicating matters, Rep. Anna Paulina Luna, R-Fla., frustrated by stalled Senate passage of the SAVE America Act, threatened to attach a voter ID bill to any House FISA measure.

Duchardt asked Johnson if a vote on the extension would occur Wednesday night. “Tonight or tomorrow,” he said. “Probably tomorrow at this point. We’re working through it.”

Johnson also told another reporter that lawmakers raising concerns about a clean extension are acting “out of good faith.” “They have convictions about it,” he added. “I’ve encouraged everyone to go to the SCIF [Sensitive Compartmented Information Facility], go to the classified setting, get the briefing.

“In fact, we set up a special one this afternoon with leaders and officials from the intelligence community so they can answer questions and help everybody get to yes.”

“I think once they understand the facts, they will realize the 56 reforms enacted in FISA in 2024 have worked,” Johnson said. “We haven’t had the abuses seen before the reform era, which is why it needs to be continued.”

Johnson cited statements by the president and CIA Director John Radcliffe, who spoke with him this morning, as well as FBI Director Kash Patel, Joint Chiefs of Staff Chair Gen. Dan Caine, and Secretary of War Pete Hegseth, calling Section 702 “an essential tool for national security.” “We cannot allow it to expire,” he said. “We won’t.”