House Republicans are moving forward with a vote to renew the nation's surveillance powers under Section 702 of the Foreign Intelligence Surveillance Act (FISA), reigniting a familiar battle that has fractured the GOP. The legislation, which allows the government to spy on foreigners abroad, has sparked intense debate over privacy protections for Americans.
The latest bill, introduced after a chaotic floor failure earlier this month, does not include a warrant requirement for queries on U.S. citizens—a key demand from conservative holdouts. President Donald Trump has opposed such a requirement, and the House Rules Committee deadlocked in a tie vote on Monday, delaying progress. A second session on Tuesday failed to resolve the impasse.
To win over hard-line Republicans, leadership added a provision to prohibit the Federal Reserve from creating a central bank digital currency, a move that privacy hawks argue would prevent government tracking of consumer spending. That measure already passed the House and would be attached to the FISA bill before it goes to the Senate.
Despite these efforts, it remains uncertain whether Republicans can secure enough votes for the procedural rule to bring the bill to the floor. With only a razor-thin majority, the GOP can afford just two defections. Many House Freedom Caucus members have vowed to oppose the rule, and some Democrats who previously broke ranks may not do so again.
House Judiciary Chair Jim Jordan (R-Ohio) acknowledged the uncertainty, telling reporters, “We’ll just have to see” whether the chamber can avoid a repeat of the earlier floor chaos. Rep. Tim Burchett (R-Tenn.) was more blunt, saying “heck no” when asked if a late-Monday conference meeting changed his mind. “They need to gut FISA and come back with a different product,” he said.
Democrats have criticized the process, with Rep. Jim Himes (D-Conn.), the top Democrat on the House Intelligence Committee, noting that the latest package lacks robust reforms. “This seems like the same play they ran at 2:30 in the morning two weeks ago,” he said, adding that Democrats could support a clean extension but not the current bill.
The legislation includes some reforms, such as requiring FBI agents to get attorney approval before querying Americans—a process currently approved by a supervisor. It also mandates monthly reviews of such queries by the civil liberties protection officer at the Office of the Director of National Intelligence. However, critics argue that without a warrant requirement, Americans’ privacy remains at risk.
Rep. Mary Gay Scanlon (D-Penn.) warned that a three-year extension would push the issue into the next administration. “What we should have, instead of ping-ponging among administrations, is a clear line in the sand: if you’re going to spy on American citizens, you should have to go before a judge,” she said.
Some Freedom Caucus members have shifted to support the bill. Rep. Warren Davidson (R-Ohio) said the reforms “give you the chance to detect enough things within 702,” though he acknowledged the bill is not perfect. The outcome remains uncertain as leadership scrambles to secure votes.
The standoff echoes broader GOP infighting over national security and privacy, similar to tensions seen in debates over DHS funding and other surveillance authorities. As the House faces a crucial week, the fate of FISA renewal hangs in the balance.
