Congressional Oversight & FISA — 2026-03-26

FISA 702 Faces April 20 Expiration as White House Briefing Fails to Unite GOP; SAFE Act and SAVE Act Complicate Path

Section 702 faces its April 20 sunset with no clear reauthorization path after a March 26 White House briefing failed to unify House Republicans. Speaker Johnson is pushing a clean 18-month extension opposed by privacy hawks who demand warrant requirements, a provision that lost by a single vote (212-212) during the last reauthorization. The bipartisan SAFE Act from Durbin and Lee would impose warrants on U.S. person queries and close the data broker loophole. MAGA allies also plan to attach the SAVE Act voter eligibility provisions. Brennan Center analysis warns the compressed timeline leaves virtually no room for conference committee reconciliation.

Analysis
The warrant requirement lost 212-212 in 2024, a single-vote margin. The addition of the SAVE Act as a legislative vehicle adds a new variable: if MAGA allies succeed in attaching voter eligibility provisions, it could either kill the bill entirely or force a conference committee that runs past the April 20 deadline. The 702 authority underlies an estimated 60% of PDB content, making any lapse operationally significant.

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