WASHINGTON — House lawmakers agreed to send the Senate’s 45-day extension of the controversial Foreign Intelligence Surveillance Act (FISA) Section 702 spy program to President Trump’s desk, thanks to a shocking number of reps who didn’t vote.
In a 261-111 vote, the House approved the measure under suspension of the rules, which requires a two-thirds majority. A whopping 58 House lawmakers didn’t vote. Rep. Kevin Kiley (I-Calif.) and 94 Democrats backed the extension, and 26 Republicans opposed it.
The Senate had voted on the extension earlier in the day, Thursday, via unanimous consent after its leaders declined to take up a House version that would have included a three-year extension paired with a Central Bank Digital Currency ban to win over reluctant libertarian-leaning reps.
FISA Section 702 was set to expire at the end of the day Thursday.
Section 702 lets US intelligence agencies conduct warrantless surveillance on non-Americans. But the program also means that inevitably, the US government will collect phone calls, emails, text messages, and other data from Americans communicating with foreigners.
The Fourth Amendment protects US citizens from “unreasonable searches and seizures” and requires a warrant for such intrusions, leading to heated political fights over safeguards every time the legislation comes up for renewal.
FISA renewal has grown increasingly contentious over recent years. The last time it came up in 2024, Congress enacted new safeguards to the program to address concerns about it being abused.
House Republicans had been eyeing smaller-scale reforms, including a provision that would enable a broader pool of lawmakers to view Foreign Intelligence Surveillance Court information.
Most House Democrats opposed the original House pass doing the three-year extension due to stated concerns about Trump abusing.
“I’ve seen countless, countless instances where the intelligence obtained through Section 702 quite literally saved lives,” House Intelligence Committee ranking member Rep. Jim Himes (D-Conn.) argued during the debate on the measure.
“There is no way to replace the value that Section 702 provides,” he went on, adding: “We have seen no evidence that this administration is misusing Section 702, but nonetheless, we must remain hyper- vigilant.”
Thursday’s vote completes “hell week” for the House, the GOP leadership managing to pass a farm bill and budget resolution as well with razor-thin margins.
The House is now set to break for a two-week recess.
