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With the expiration of Section 702 surveillance authorities rapidly approaching on June 12, congressional leaders are confronting another high-stakes legislative challenge. Securing passage of a temporary extension of the Foreign Intelligence Surveillance Act (FISA) provision is proving nearly as difficult as advancing the recently approved reconciliation package.

In an effort to build bipartisan support, House and Senate leaders unveiled a compromise proposal last week that modifies the previous extension bill. The revised measure would prohibit the FBI from using information collected under Section 702 in criminal prosecutions involving U.S. persons. The legislation also includes a three-year prohibition on the implementation of a Central Bank Digital Currency (CBDC), a provision sought by many conservative members.

Notably absent from the compromise, however, is the warrant requirement demanded by privacy-focused lawmakers in both parties. Despite that omission, congressional leaders initially believed the revised proposal could attract enough Democratic support to move through both chambers.

Those prospects changed dramatically following President Trump’s unexpected announcement that Bill Pulte would serve as Acting Director of National Intelligence while continuing his duties as Director of the Federal Housing Finance Agency. In response, Senate and House Democrats—including several members typically open to bipartisan negotiations—have indicated they will oppose any Section 702 extension unless the Administration either removes Pulte from the acting role or nominates a qualified permanent candidate to lead the intelligence community.

The Democratic position has significantly complicated the path forward. Congressional leaders likely need support from a dozen or more Senate Democrats, along with an even larger number of House Democrats, to offset opposition from conservative Republicans who remain skeptical of surveillance authorities. As a result, the minority party now possesses substantial leverage over the outcome of the debate.

Senate Majority Leader Thune (R-SD) tested that leverage last week when he brought forward a motion to proceed to consideration of the FISA extension measure. The effort fell short after seven Republicans—Sens. Hawley (R-MO), Kennedy (R-LA), Lee (R-UT), Paul (R-KY), Schmitt (R-MO), Scott (R-FL), and Tuberville (R-AL)—joined nearly every Senate Democrat in opposition. Sen. Fetterman (D-PA) was the lone Democrat to support the procedural motion.

With the June 12 deadline fast approaching, lawmakers face mounting pressure to reach a compromise. Whether congressional leaders can bridge the divide between national security advocates, privacy hawks, conservative skeptics, and Democrats demanding changes at the top of the intelligence community will determine whether Congress can avoid a lapse in one of the government’s most significant surveillance authorities.