As Congress prepares for the upcoming renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA), lawmakers are revisiting a contentious debate over whether federal agents should be required to obtain a warrant before querying surveillance databases for information on U.S. citizens. The law, which currently allows warrantless searches of foreign targets and incidental collection of Americans’ communications, is set to expire in April 2026.
A House Judiciary Committee hearing on Thursday highlighted how the discussion is evolving amid shifting political dynamics. In contrast to 2024, when Republicans expressed concern about the expansion of surveillance powers under President Biden, Democrats are now signaling worries over President Donald Trump’s use of Section 702 authorities.
The Warrant Debate
Under current law, the government can conduct warrantless searches of databases containing U.S. person information if those communications involve foreign surveillance targets. Proponents of a warrant requirement argue it is crucial for protecting Fourth Amendment rights against unreasonable searches and seizures. Opponents, including FBI Director Kash Patel, maintain that requiring warrants could slow critical national security investigations.
House Judiciary Chairman Jim Jordan (R-Ohio) acknowledged the reforms made in 2024, citing a watchdog report showing a drop in warrantless U.S. person queries from 3.4 million to around 9,000 in the first year under the new law. However, he emphasized that Congress should still require warrants for queries involving Americans’ personal information.
“If you’re going to search this database using an American’s name, phone number, or email address, we believe you should go to a separate and equal branch of government to do so,” Jordan said. “We think that’s fundamental.”
Questions About FBI Reporting
Witnesses raised concerns that FBI reporting practices may distort the true number of queries. Gene Schaerr, general counsel for the Project for Privacy & Surveillance Accountability, explained that the agency redefined what counts as a query, excluding initial data-sorting processes from query totals.
Arizona Republican Rep. Andy Biggs, a leading advocate for warrant requirements, criticized the lack of transparency: “There is no way to determine how many actual queries are taking place,” he said.
Democratic Concerns
Democrats may now be less inclined to support a smooth renewal. Maryland Rep. Jamie Raskin, ranking member of the Judiciary Committee, cited Trump-era efforts to consolidate U.S. citizen data in surveillance databases as a reason for heightened scrutiny.
“The landscape has changed,” Raskin said. “We have a lot to be concerned about at this point.”
Outlook
With only four months until Section 702’s expiration, Congress faces a critical decision on balancing national security needs with civil liberties protections. Lawmakers are expected to revisit the warrant requirement debate while weighing the political and privacy implications of renewing the law.
