The House will vote Thursday morning on a short-term reauthorization of a key government spy program ahead of a Friday deadline, taking control of the surveillance authority’s future as talks in the Senate stall.
House Speaker Mike Johnson (R-LA) announced Wednesday that the House will vote on a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act that will extend the program until July 2, after Senate Democrats rejected an attempt to fast-track a short-term measure.
“We’re not having a great amount of confidence that they’re going to be able to get that done,” said Johnson, referring to the Senate. “So, the House will once again do our job.”
The effort to pass a brief reauthorization patch to avoid the lapsing of the government surveillance program comes after President Donald Trump called on Congress to do so earlier on Wednesday following a meeting with Johnson.
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations,” Trump posted on Truth Social. “If nothing is done, this important Law will expire this week. I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency.”
But passing any kind of reauthorization of Section 702 will face an uphill battle in both chambers, as Democrats hold firm in their opposition to Trump’s tapping of top housing official Bill Pulte as acting director of national intelligence. Democrats have demanded Pulte be removed as acting DNI before they will support any deal on reauthorizing the FISA program.
“He sabotaged FISA by appointing a totally incompetent yes-man,” Sen. Peter Welch (D-VT) told reporters. “And FISA is extraordinarily important to our national security. His appointing an incompetent yes-man indicates he doesn’t take the FISA situation seriously. He takes getting a person who will do his bidding more seriously.”
Rep. Gregory Meeks (D-NY), a member of the House intelligence committee, told the Washington Examiner that as long as Pulte remained acting DNI, “that’s a problem for me.”
Sen. Mark Warner (D-VA), the top intelligence Democrat, told reporters he wanted to see Aaron Lukas, the deputy director of the office already confirmed by the Senate, installed in Pulte’s place as the president works to name a permanent replacement for outgoing DNI Tulsi Gabbard.
“A name is not enough if the name is then languishing,” Warner told the Washington Examiner about wanting Lukas installed, referring to the Senate’s confirmation process.
Democratic support for an extension of the surveillance program will be necessary in the Senate to overcome the chamber’s 60-vote filibuster threshold.
In the House, where Johnson has a razor-thin GOP majority, he will need to rely on significant Democratic crossover as well, as he will put the measure on the floor under a suspension of the rules, meaning it will need a two-thirds majority to succeed.
It’s unlikely to pass. House Minority Leader Hakeem Jeffries (D-NY) told reporters he was a “hard no” against an extension and that “many of the national security Democrats who’ve historically been supportive of continuing the surveillance authority as it currently exists, have deep skepticism about moving forward with even a short-term extension, as long as Bill Pulte is on track to being the acting director of national intelligence.”
Beyond that, Johnson will have to contend with opposition from his right flank as well. Conservative hard-liners have repeatedly demanded that a warrant requirement be attached to any extension of the spy program before they will support a measure.
When asked if he would support a short-term measure, Rep. Tim Burchett (R-TN) told the Washington Examiner “probably not,” citing the desire for a warrant attachment.
However, a member of the House Freedom Caucus expressed openness to a very short extension earlier on Wednesday, saying, “Maybe 2-3 weeks max.”
TRUMP ENDORSES SHORT-TERM FISA EXTENSION UNTIL NEXT DNI IS CONFIRMED
If the measure fails on the House floor, the program will likely sunset on June 12. The expiration of the program would come as the House is set to leave on a one-week recess after voting on Thursday. Unless GOP leadership moves to keep the House in session, the program would stay dark until at least June 23, when the House is scheduled to return.
In the meantime, World Cup games, which are expected to draw large crowds from international tourists, will begin in multiple cities nationwide, and festivities to celebrate America’s 250th birthday are taking place throughout Washington.