Section 702 of the Foreign Intelligence Surveillance Act expired at midnight on June 12 after Congress failed to pass an extension. The lapse marks the first time the provision has sunset since its addition to FISA in 2008. Surveillance activities are expected to continue under existing court certifications through March 2027.
The House rejected a short-term extension until July 2 on a 218-198 vote, falling short of the required two-thirds majority. Nearly 20 Republicans joined Democrats to block the measure, and Senator Ron Wyden prevented further attempts in the Senate. Lawmakers cited disputes over proposed reforms and concerns about President Trump's plan to install Bill Pulte as acting director of national intelligence.
Rep. Jamie Raskin said government surveillance activities will continue unchanged after the expiration. The Brennan Center for Justice and the Cato Institute noted that yearlong certifications approved by the Foreign Intelligence Surveillance Court on March 17, 2026, remain valid until March 2027. Executive Order 12333 provides additional authority for overseas surveillance.
House members adjourned for recess with no further votes scheduled until June 23. Democrats have called for warrant requirements to protect Americans' communications, while some Republicans warned that a lapse endangers national security.
