The Senate decisively struck down a reform proposal approved by the House and instead opted for a straightforward 45-day extension of the nation’s warrantless surveillance powers, effectively postponing the debate over Americans’ Fourth Amendment rights for the second time in just a month.

The House had passed the extension with a vote of 261-111, and the measure now awaits President Trump’s approval, as he has advocated for its reauthorization.

Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), U.S. intelligence agencies are permitted to monitor communications of foreign individuals located overseas. However, this often unintentionally includes the communications of American citizens, as they interact with these foreign targets, leading to the collection of U.S. calls, texts, and emails without warrants—a contentious issue Congress has yet to resolve definitively.

This marks the second temporary extension in a month, following a previous 10-day extension in mid-April. The Senate dismissed a House proposal due to an added provision that would have prohibited the Federal Reserve from developing a central bank digital currency (CBDC), a move that arguably provided the Senate a reason to abandon the reform plan entirely. Instead of negotiating, the Senate approved a clean extension unanimously, effectively challenging the House to either accept it or risk the surveillance program’s expiration.

House Speaker Johnson endeavored to rally Republican support around a more enduring solution but fell short. The House’s failed proposal was not an extreme overhaul; it aimed to introduce accountability measures without mandating a full warrant requirement: it called for attorney approval before probing Americans’ data, required written justifications to the Office of the Director of National Intelligence (ODNI) for each inquiry, and proposed criminal penalties of up to five years for deliberate misuse.

Intelligence authorities argue that implementing a full probable cause warrant standard would severely impede counterterrorism and espionage efforts, a point acknowledged by privacy advocates, explaining why the House proposal did not include such a demand. GOP Representative Brad Knott from North Carolina’s 13th district highlighted the inherent tension in the situation.

This is the second stopgap in a month; lawmakers already punted with a 10-day patch in mid-April. This time, the Senate rejected a House proposal over an attached provision that would have barred the Federal Reserve from creating a central bank digital currency (CBDC), a provision that, fairly or not, gave the Senate cover to walk away from the reform package entirely. Rather than negotiate, the Senate passed a clean extension by unanimous consent and dared the House to accept it or let the program go dark.

Speaker Johnson spent weeks trying to unify Republicans behind a longer-term plan, but couldn’t. The House package the Senate killed wasn’t a radical document; it included concrete accountability measures that stopped well short of a full warrant requirement: attorney approval before searches of Americans’ data, written justifications submitted to the Office of the Director of National Intelligence (ODNI) for each query, and criminal penalties of up to five years for intentional misuse.

Intelligence officials counter that a full probable cause warrant standard would kneecap counterterrorism and espionage operations, an argument privacy hawks largely accept, which is why the House package didn’t demand one. GOP Rep. Brad Knott (NC-13) put the tension plainly:

“FISA is undeniably useful in protecting America against foreign attacks. If not adequately checked, FISA powers will facilitate the violation of American citizens’ Fourth Amendment rights.”

Senate Majority Leader John Thune (R-SD) called it a necessary pause, a characterization that landed poorly with the House conservatives who’d actually passed a reform bill the day before.

Even across the aisle, the civil liberties argument found allies.

“Nothing about protecting our safety should prevent us from protecting our rights. We can have both,” said Rep. Jamie Raskin (D-Md.), the House Judiciary Committee ranking member.

House conservatives made little effort to hide their frustration.

“Look, I’ll just add the Senate, supposedly the greatest deliberative body in the world, is yet again, not deliberating. What do they do? They just do a consent to kick the can down the road. Here we are again. We’re gonna have another 45 days. So the question is, this time when we get together, will we run a bill through committee, through Judiciary, Intel [committees], work with the chairmen and deliver a product that actually answers the questions the American people want us to answer to prevent spying and warrantless surveillance,” Rep. Chip Roy (R-Texas) said after the vote.

The program now runs through June 15.

When Congress returns from recess in mid-May, Republicans will have to decide whether to actually legislate or hand the Senate another clean extension to rubber-stamp.

Unchecked government surveillance and limited government don’t coexist. At some point, Congress has to choose.

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