Congress passes temporary extension of FISA 702
Fox News Senior Correspondent Chad Pergram reports on the 13-day FISA extension. Rep. Ben Cline, R-Va., discusses the measure and Virginia's controversial redistricting vote on 'The Fox Report.'
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House GOP leadership is struggling to win over GOP hawks as lawmakers race to extend the government's powerful surveillance program ahead of a Thursday deadline.
The House Rules Committee on Tuesday postponed consideration of legislation that would include a broad vote on expanding Section 702 of the Foreign Intelligence Surveillance Act (FISA) as Republicans remain deeply divided over the plan.
The plan would renew the spying law for three years while establishing new penalties for violating FISA searches. The measure, however, stops short of including the warrant requirement desired by GOP privacy hawks, who want the adoption of stricter privacy regulations.
The postponed committee action raises doubts about whether House Speaker Mike Johnson, R-La., can extend the law before it expires on April 30.
House Speaker Mike Johnson speaks during a press conference at the US Capitol in Washington, DC, on Jan. 13, 2026. (Kevin Dietsch/Getty Images)
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The growing obstacles to passing FISA renewal in the House could also allow the Senate to take the initiative and force the lower chamber to swallow whatever passes. The Senate is scheduled to hold a procedural vote on the three-year extension bill later Tuesday.
Democrats on the House Rules Committee criticized Republicans for indefinitely delaying consideration of the measure after criticizing a previously scheduled Tuesday morning meeting for procedural measures. The panel first adjourned Monday evening after an hours-long session to give Republicans more time to reach an agreement.
“After waiting all night for Republicans to come to an agreement — with themselves — on the church's procedural legislation, Democrats appeared in the House Rules Committee for an 8 a.m. meeting,” Rep. Jim McGovern, D-Mass., wrote on social media. “It was no surprise that when we arrived we were told that there is still no agreement.
“Their chaos is only matched by their inability to work,” he added.
The stalled legislation also delayed consideration of a budget plan to fund immigration enforcement and a sweeping bill authorizing essential agriculture and food items known as the farm bill, which GOP leadership hopes to pass this week.
House keepers, who voted down two previous proposals offered by the GOP leadership, have so far not withheld their support for reauthorizing the missing Section 702 reforms.
Rep. Jim McGovern, D-Mass., ripped Republicans on the House panel for considering consideration of a procedural measure that included a vote on Section 702 of FISA, among other laws. (Tom Williams/Getty Images)
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The spying tool allows the government to monitor foreign nationals using US platforms even when those communications involve Americans. A mix of conservatives and progressives have long advocated for changes to the system to force intelligence officials to obtain a warrant before reviewing Americans' data.
A number of lawmakers on Monday criticized the leadership's proposal as a small effort to salvage the 18-month-old original bill that failed.
“What we're actually doing is taking the existing legislative improvements based on the last two years, making some improvements to the penalties and other transparency of FISA … but not proceeding with respect to the protection of the consent of American citizens from warrantless surveillance,” Rep. Chip Roy, R-Texas, a key member of the House Freedom Caucus (HFC), during a debate on the measure in the House Rules Committee.
HFC members sought to add a warrant requirement and language banning central bank digital currency (CBDC) to the bill — policies they say are critical to winning their votes.
“Even as we work to correct FISA's flaws and abuses, it is imperative that we permanently ban what may be the ultimate surveillance tool against our citizens, central bank digital currency,” said Rep. Michael Cloud, R-Texas, told Fox News Digital in a statement.
The Trump administration has pushed for a clean reauthorization of the program, citing the law's national security role. Proponents of the spy law have praised its ability to gather intelligence that has stopped terrorist attacks and possible drug trafficking.
Rep. Warren Davidson, R-Ohio, a notable GOP privacy hawk, offered his support for a three-year FISA extension during a social media post last week.
“Together, these reforms provide stronger privacy protections for American citizens. Congress should bank on this win and reauthorize Section 702,” Davidson said. “Then, we must immediately begin to remove the surveillance situation that has been left growing neglected during these 702 wars.”
Rep. Chip Roy, R-Texas, a member of the House Rules Committee, wants an amendment to the three-year FISA renewal bill written by House leadership. (Andrew Harnik/Getty Images)
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House Democratic leadership previewed their opposition to the Republicans' FISA reauthorization plan on Monday. Widespread Democratic opposition means Johnson can afford just a handful of GOP defections during a critical vote that could take place Tuesday afternoon.
“This oversight approach could be abused by people like Kash Patel and the acting attorney general,” House Minority Leader Hakeem Jeffries, D-N.Y., said during a news conference Monday. “These people have exploited the criminal justice system, and they cannot be trusted to protect the privacy and civil liberties of the American people.”
