A key U.S. surveillance authority is set to expire later this month, setting up a high-stakes clash in Congress over national security and civil liberties.
Section 702 of the Foreign Intelligence Surveillance Act allows intelligence agencies to collect communications of foreign targets abroad. Unless lawmakers act, the authority will lapse on April 20, 2026.
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The Trump administration is pushing for an 18-month extension, arguing the program is essential for national security.
In a Truth Social post, President Donald Trump framed the law narrowly, saying it is used only to “collect Intelligence on Foreigners and Noncitizens.” Administration officials have echoed that message, emphasizing that the program targets foreigners outside of the U.S. and national security threats such as terrorists and spies.
A recent government fact sheet states that Section 702 “allows the U.S. Government to collect the electronic communications of foreign nationals outside the U.S.” tied to threats including terrorism, espionage, and weapons proliferation, and says it helps intelligence agencies “identify and stop foreign threats” to protect the homeland.
Despite those assurances, critics across party lines warn that the program sweeps in Americans’ data and lacks sufficient safeguards.
Sen. Ron Wyden (D-OR) pointed to a recent secret court finding of “major compliance problems” with how the government uses the authority, arguing those issues are “directly related to Americans’ Constitutional rights,” in a Friday statement.
Wyden accused the administration of considering an appeal of that ruling “so that they never have to” fix the problems, calling it “a highly aggressive and unusual move” that suggests an effort to expand surveillance “at the expense of Americans’ rights.”
He also warned that lawmakers could try to “jam a straight reauthorization” through Congress without fully informing the public.
Privacy advocates’ core concern is that while the law targets foreigners, it incidentally collects large volumes of Americans’ communications, which can then be searched by agencies such as the Federal Bureau of Investigation without a warrant.
In response, a bipartisan group of lawmakers introduced the Government Surveillance Reform Act earlier this year, which would impose new limits on the use of Section 702 data.
Sen. Mike Lee (R-UT) said Congress must require warrants and impose penalties for violations “to protect our civil liberties” if the program is reauthorized. Wyden, a cosponsor, argued that technological advances, such as artificial intelligence and the vast amount of consumer data available for purchase, have outpaced existing privacy laws.
Other supporters emphasized constitutional concerns. Sen. Cynthia Lummis (R-WY) said warrant requirements are necessary to restore Fourth Amendment protections. Rep. Warren Davidson (R-OH) argued the law has been “stretched far beyond its original purpose,” enabling warrantless searches of Americans’ communications.
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Rep. Zoe Lofgren (D-CA) said that Congress “should not reauthorize broad domestic surveillance authorities without putting meaningful safeguards in place,” calling the reform bill a balanced approach that preserves national security tools while preventing abuse.
With the deadline approaching, Congress must decide whether to extend the authority as-is, overhaul it with new safeguards, or allow it to expire altogether.
