UPDATE: House vote on reauthorization fails 198-218. Good news! Thanks to everybody who took action!
“Republicans just blocked a five week FISA extension in order to cover up ongoing FISA abuses.”
— Senator Ron Wyden, on Bluesky
“Americans have made themselves clear — they want their basic right to privacy respected. I am a NO on the FISA Section 702 extension.”
— Congresswoman Pramila Jayapal, on Bluesky
“The House will vote Thursday on a three-week extension of a key surveillance program a day ahead of its expiration, Speaker Mike Johnson said Wednesday.
But leaders of both parties expect the measure to fail, risking a first-ever lapse of Section 702 of the Foreign Intelligence Surveillance Act as the House prepares to leave for recess until June 23.”
— House will vote Thursday on expected-to-fail surveillance patch, Meredith Lee Hill and Jordain Carney in Politico
Whoa baby. Things always get wacky as we get close to the FISA deadline, and this year is no exception. Democratic leadership in both chambers have consistentlysaid that Trump’s plan to install Bill Pulte as Acting Director of National Intelligence (DNI) is a dealbreaker on FISA. On Tuesday afternoon Speaker Johnson went to the White House to meet with Trump, after which Trump … moved up Pulte’s starting date?!?!?!
Unsurprisingly, that didn’t change any minds. So on Wednesday morning, Trump asked for a short-term extension to give time to nominate somebody for the permanent DNI position — while also directing Pulte to downsize the agency. Hmm.
Sen. Wyden attempted to break the deadlock with two proposals, including one for a five-week extension with just some transparency requirements. Because of the short timeframe, though, the only way to get these through the Senate would be by unanimous consent … and Sen. Conryn said no. After that, Speaker Johnson scheduled a vote for Thursday on a three-week extension. Because it’s going directly to the floor (he doesn’t have enough Republican votes to get it through Rules), it will need a two-thirds majority to pass, and as long as nothing happens on the Pulte front that’s very unlikely. Even if it somehow passes the House, it would still have to get through the Senate … which is also very unlikely.
Since the deadline for FISA Section 702 reauthorization is Friday, June 12, Republicans claim that not passing an extension will cause the sky to fall. That’s nonsense; as the Brennan Center for Justice discusses in detail, Section 702 Surveillance Will Continue Until March 2027 Even if the Statute Lapses. Whether or not they pass a short-term extension, they can take another try at it once Trump names a DNI, or when the DNI is confirmed and Pulte is gone, or in the lame-duck session, or early next year with a new Congress. So on the one hand, whatever.
Looking at it differently, though, a lapse would be a big win reformers. Intelligence agencies and surveillance hawks hate hate hate the idea of reforms, but warrant requirement and closing the data broker loophole both have bipartisan support in Congress — and are overwhelmingly popular with the public. A lapse increases the chance that reformers will be able to force a vote.
But, never say never. There’s still plenty of time for a surprise, either this week or when Congress comes back after a short recess. Stay tuned!
And, if you get a chance, call your representatives. You can use the US Capitol switchboard at 202-224-312, call your legislators office directly. or use calling tools from Indivisible and QuitGPT. Here’s a short script:
Hi, my name is [Your Name], and I’m a constituent from [Your City, State]. I am calling today to ask that reject any extension to FISA Section 702 unless it includes key bipartisan reforms: requiring a warrant and closing the data broker loophole. Please do not be fooled by fake reforms that simply restate existing law, and please stop passing short-term extensions that just kick the ball down the road.
Get FISA Right 
@getfisaright.net Nice to see that Cornyn’s primary loss has freed him up to break with his party.