America's spy powers are in deep trouble

Axios Axios —

One of America's https://www.axios.com/2026/04/30/congress-passes-fisa-extension" target="_blank">most powerful spy authorities is nearing an unprecedented lapse, threatening to plunge intelligence agencies and telecommunications companies into legal uncertainty if allowed to go dark on Friday.

Why it matters: Members in both parties are warning that an expiration of Section 702 of the Foreign Intelligence Surveillance Act could jeopardize U.S. national security.

  • Section 702 feeds more than half of the president's daily briefing and has been credited with helping thwart terror plots and other national-security threats.
  • It allows the attorney general and director of national intelligence to compel electronic service providers to provide communications involving foreign intelligence targets overseas.

The intrigue: The Foreign Intelligence Surveillance Court re-certified Section 702 procedures through 2027 earlier this year.

  • But if Congress fails to renew the underlying statutory authority, intelligence agencies and telecommunications companies will face immediate legal uncertainty over what collection activities may continue.
  • The result could be a chaotic and largely untested period for one of the intelligence community's most heavily used authorities.

Zoom in: Democrats are refusing to back an extension of Section 702 unless Trump reverses his decision to name https://www.axios.com/2026/06/02/trump-new-dni-bill-pulte-housing-attack-dog" target="_blank">Bill Pulte as acting director of national intelligence.

Between the lines: Before Trump picked Pulte, GOP lawmakers appeared close to assembling a bipartisan coalition for a longer-term 702 extension.

  • Negotiations had been difficult, with lawmakers struggling for months to bridge disagreements over surveillance reforms.

What they're saying: "It'd be a very dangerous time to allow us to not have that important national security tool," House Speaker Mike Johnson (R-La.) said Wednesday. "We have a lot of big events going on around the country right now.

We have the FIFA World Cup, we have the American 250 events, Freedom 250 events."

  • "I'm the only one in this institution that's actually used 702 to save lives.

    It is critical to the president's daily brief.

    It's the single most important 9/11 commission recommendation that we have, and it's at risk of going dark due to foolishness," Rep. Brian Fitzpatrick (R-Pa.) told Axios.

  • "I don't agree with [Pulte's] nomination, and I don't agree with them voting against FISA because of it," Fitzpatrick added.

What's next: The House will take up a short-term extension on Thursday morning to keep the program going through July 2.

  • The vote, which will require two-thirds support, is expected to fall short.

The bottom line: Not every Democrat is comfortable allowing the authority to expire, but Johnson is nowhere close to the necessary two-thirds majority and some Republicans aren't signaling support for a short-term extension.

  • "I'm not going to play politics with our national security, that's...you know, that's for Donald Trump to do," Rep. Jason Crow (D-Colo.), who sits on the House Intelligence Committee, told Axios. "I encourage my colleagues to do the same."
  • Rep. Clay Higgins (R-La.), who has been pushing for reforms to the program, told Axios he's considering voting against a short-term extension. "They ask guys like us, 'Well, could you please give us a little more time to get this done?' You grow tired of that crap after a while."

Read full article at Axios →