29 Days Until Section 702 Dies

Johnson Delays the Vote

House Speaker Mike Johnson had planned a March 23 vote on FISA Section 702. That's not happening.

Johnson is "still dealing with a dozen or so Republican members who want reforms," according to The Hill. The House can't lose more than one vote with the current margin, and several Freedom Caucus members, including Reps. Lauren Boebert (R-CO) and Anna Paulina Luna (R-FL), have said they'll tank any clean extension.^[1]

The vote is now pushed to April, with Congress returning from a two-week recess just days before the April 20 expiration. They're cutting it close on purpose: the deadline is the only leverage reformers have.

133 Groups Say: Close the Data Broker Loophole

On March 19, a coalition of 133 organizations sent a letter to House and Senate leadership with one clear message: don't reauthorize Section 702 without closing the data broker loophole.^[2]

The coalition includes the ACLU, EFF, Demand Progress, POGO, and groups spanning left to right. Their argument: government agencies are buying their way around the Fourth Amendment. Instead of getting warrants, they're purchasing location data, browsing history, and even chatbot conversations from commercial brokers.

From the letter:

"Closing this loophole would ensure government agencies obtain judicial approval before buying information about people in the United States from data brokers if it would otherwise require a court order to seize."

The coalition is especially alarmed about AI. They warn that "warrantlessly acquired information" is being "fed into artificial intelligence surveillance systems" without any judicial oversight, creating "unprecedented threats to Americans' civil liberties."

What Tom Cotton Wants

Senate Intelligence Committee Chair Tom Cotton has a simpler plan: 18 months, zero reforms.^[3]

"President Trump has requested a simple, clean extension," Cotton said, "and I support the commander-in-chief on this vital national-security decision."

Cotton's clean extension would push the next reauthorization fight to late 2027, safely past the midterms. No warrant requirement. No data broker ban. No changes to the provision that could force millions of Americans to assist with surveillance. Just kick the can.

Speaker Johnson confirmed the plan: "The plan is to move a clean extension of FISA … for at least 18 months."

Jim Jordan's Reversal

Here's the plot twist: Rep. Jim Jordan (R-Ohio) used to champion FISA reform. He voted against reauthorization in 2024. He pushed to close the data broker loophole.

Now? Jordan told The Hill he'll vote for a clean reauthorization.^[4]

The EFF called it out directly: "House Judiciary Chair Jim Jordan championed closing the data broker loophole" but has now abandoned that position. A clean extension would keep the surveillance machine running exactly as intelligence agencies want it.

Progressive Caucus Votes to Oppose

The Congressional Progressive Caucus formally voted to oppose any reauthorization of Section 702 without reforms.^[5]

That's significant. It means Democratic votes aren't guaranteed for a clean extension. Combined with the dozen-plus Republicans holding out for reform, Speaker Johnson faces a real math problem.

The warrant amendment lost 212-212 last April. Johnson himself broke the tie, switching his vote against reform at the last second. That margin shows how close this fight actually is.

What Section 702 Actually Does

Quick primer: Section 702 lets the NSA collect communications of non-Americans outside the US without individual warrants. That's the stated purpose.

The problem: Americans' communications get swept up constantly. Email your cousin in Canada? That's collectible. Video call a coworker in London? Collectible. Message a source in Germany? Collectible.

Once your communications are in the database, the FBI can search for them using your name, email, or phone number: no warrant required. They've used this power to search on protesters, journalists, members of Congress, campaign donors, and at least one judge who was reporting police misconduct.^[6]

The 2024 reauthorization (RISAA) made it worse. It expanded who can be compelled to assist with surveillance, potentially forcing millions more Americans and companies to participate.

What Happens April 20?

Three paths:

• Clean extension (18 months): Cotton and Johnson get their way. No reforms. Status quo until late 2027.
• Reform package: Enough Republicans and Democrats hold out for the warrant requirement and data broker ban. The Government Surveillance Reform Act, or something like it, passes.
• Expiration: Congress deadlocks. Section 702 sunsets. NSA collection halts. Intelligence agencies scramble. Chaos.

The administration wants option one. Civil liberties groups want option two. Nobody really wants option three, but the threat of it is the only leverage reformers have.

29 Days to Act

Sources

1. The Hill: House GOP pushes FISA spy powers vote to April amid opposition (March 20, 2026)
2. Demand Progress: 133 Organizations Oppose FISA Reauthorization Without Data Broker Reform (March 19, 2026)
3. Newsmax: Sen. Cotton: Trump Backs FISA Section 702 Extension (February 25, 2026)
4. The Hill: Jim Jordan reverses long-held position on spy powers (March 2026)
5. The Hill: Congressional Progressive Caucus says it will oppose FISA Section 702 (March 2026)
6. EFF: Congress Is Dropping the Ball with a Clean Extension of FISA (March 2026)
7. Brennan Center: Section 702 of FISA: 2026 Resource Page
8. EPIC: FISA Section 702: Reform or Sunset

Related Coverage

• FISA 702: 19 Days Left: Johnson delays vote as conservative revolt meets progressive boycott
• FISA 702: 25 Days Left: NPR exposes data broker loophole, Progressive Caucus holds firm
• The Data Broker Loophole Explained: How federal agencies bypass the Fourth Amendment to buy your location data
• 17 Attorneys General Demand Reform: State AGs led by California's Bonta call on Congress to close the loophole
• 98 House Democrats vs. Warrantless Surveillance: CPC Formal Opposition
• Wyden-Lee Reform Bill: What the Government Surveillance Reform Act Would Change
• The SAFE Act: What the Bipartisan FISA Reform Bill Would Actually Change