Cybersecurity Policy Report, Congress Will Try Again on FISA Reauthorization After Break, (May 1, 2026)
Congress will get more time to debate the reauthorization of section 702 of the Foreign Intelligence Surveillance Act (FISA) under legislation signed by President Trump late yesterday.
S 4465 extends the expiration date of section 702 to June 12 and was adopted by the House and Senate when it became clear that lawmakers would not resolve their disputes over section 702 prior to its imminent expiration yesterday.
The House yesterday managed to pass the Foreign Intelligence Accountability Act (S 1318), which would have reauthorized section 702 for three years and imposed modest guardrails on government authorities’ use of section 702 for domestic surveillance (CPR, April 30).
One potential guardrail under consideration in the Senate would be a requirement that authorities obtain probable-cause warrants before accessing Americans’ communications collected under section 702. The “incidental” collection of Americans’ texts, e-mails, and phone calls occurs when an American communicates with a foreigner under U.S. government surveillance.
Senate leaders yesterday knew they didn’t have the 60 votes needed to pass the House bill, so they successfully sought unanimous consent for the short-term extension and sent S 4465 to the House, where it passed by a vote of 261-111. Both chambers are now on break until May 11.
News: FederalLegislation DataPrivacy