Section 702 of the Foreign Intelligence Surveillance Act lapsed at midnight on June 12, 2026, after the Senate and House both failed to pass a reauthorization. The Section 702 lapse ended the statutory authority itself, but it did not immediately shut off surveillance: collection authorized under existing Foreign Intelligence Surveillance Court certifications can continue into early 2027, and providers remain legally required to comply.
What the Lapse Actually Stops
FISA contains a transition provision that keeps surveillance running under certifications the court has already approved, even after the underlying statute expires. The FISA Court approved new Section 702 certifications in March 2026, so collection under those orders can continue for roughly a year, through approximately March 2027. Service providers face fines of $250,000 per day for refusing to comply with existing collection directives.1NPR. FISA 702 Surveillance Expiration
What the government cannot do without the statute is issue new directives to providers, add new foreign targets outside the scope of existing certifications, or obtain fresh certifications when the current ones expire. The compelled-assistance provisions that grant providers statutory immunity also lapse with the law, which means providers could theoretically challenge new requests. The Section 702-specific oversight structure, including FISA Court programmatic review and specialized compliance reporting, terminates with the statute even while collection continues.2Cato Institute. FISA Section 702 Lapse Assured, Thankfully
Senate Intelligence Committee Chairman Tom Cotton and Senate Judiciary Committee Chairman Chuck Grassley had urged the administration to prepare for “a potential significant gap in foreign intelligence collection.” The lapse coincides with World Cup matches opening in U.S. cities, preparations for the country’s 250th anniversary, and continuing U.S.-Iran tensions under a fragile regional ceasefire.3Spectrum News. House FISA Section 702 Vote
How Congress Failed to Renew It
Two votes in the week before expiration went down.
On June 5, 2026, the Senate voted 47–52 against a procedural motion to begin debate on a House-passed three-year reauthorization. Seven Republicans joined nearly all Democrats in opposition: Josh Hawley of Missouri, John Kennedy of Louisiana, Mike Lee of Utah, Rand Paul of Kentucky, Eric Schmitt of Missouri, Rick Scott of Florida, and Tommy Tuberville of Alabama. These senators wanted a vote on a warrant requirement amendment before advancing the bill. Senator John Fetterman of Pennsylvania was the only Democrat to vote yes. Senator Mark Warner of Virginia had been negotiating a bipartisan compromise, but those talks collapsed.4Politico. Senate Section 702 Vote5Roll Call. FISA Reauthorization Stalls in Early Morning Senate Vote
On June 11, House Speaker Mike Johnson brought a short-term extension (H.R. 9238) to the floor under suspension of the rules, a fast-track procedure requiring a two-thirds supermajority. It failed 198–218, missing even a simple majority. 191 Republicans voted in favor and 19 voted against; 7 Democrats voted yes and 199 voted no. House Democratic leadership had told members to vote against the extension and demanded “meaningful reforms.”6GovTrack. H.R. 9238 Vote7Politico. Spy Law on Track to Lapse After House Rejects Extension After the vote failed, the House left for a 12-day recess. Speaker Johnson declined to bring members back early, asking, “What would be the point?”8NBC News. Trump Congress FISA Live Updates
Two forces drove the failure. Privacy-minded members in both parties had for years demanded a warrant requirement before the FBI could query Section 702 databases using Americans’ identifiers, and a House amendment adding that requirement had failed by a single vote in 2024. That reform faction alone was not new. What was new was the near-total collapse of Democratic support.
The Bill Pulte Appointment
On June 2, 2026, President Trump appointed Bill Pulte, head of the Federal Housing Finance Agency, as acting director of national intelligence. Pulte had no intelligence or national security background and had used his FHFA position to launch investigations into mortgage-related allegations against several of Trump’s political opponents.9CNBC. Trump Pulte FISA Extension
The appointment upended the reauthorization debate. On June 11, the New Democrat Coalition declared its members would not vote to extend Section 702 while Pulte held the role, calling him a “national security threat” who was “wholly unqualified and biased.”10New Democrat Coalition. New Dems Oppose Placing FISA Authority in the Hands of Bill Pulte Some Republicans shared the concern. Senate Majority Leader John Thune said, “We don’t need a weaponized DNI, we need professionals there.” Senator Thom Tillis called Pulte an “incendiary attack dog.”9CNBC. Trump Pulte FISA Extension The objection was structural: extending Section 702 would place its surveillance databases under someone Democrats and some Republicans viewed as a partisan operative.
Trump Ties Renewal to the SAVE America Act
On June 11, Trump announced he would nominate Jay Clayton, U.S. attorney for the Southern District of New York, as permanent director of national intelligence to replace Pulte in the long-term role.8NBC News. Trump Congress FISA Live Updates11NBC News. Trump Delays Jay Clayton Nomination12NPR. Jay Clayton Confirmation Hearing
Trump also said he would not approve a Section 702 reauthorization unless it was attached to the SAVE America Act. That bill needs 60 Senate votes to overcome a filibuster and recently failed a procedural vote 48–50. With Pulte still serving as acting DNI, Democrats continue to condition their support for renewal on his removal.11NBC News. Trump Delays Jay Clayton Nomination12NPR. Jay Clayton Confirmation Hearing The House was not scheduled to return until the week of June 22, 2026.1NPR. FISA 702 Surveillance Expiration
Why Section 702 Was Contested in the First Place
Enacted in 2008 as part of FISA Title VII, Section 702 authorizes the National Security Agency to collect the communications of non-U.S. persons reasonably believed to be located outside the United States, without individual warrants. Providers turn over data tied to specific identifiers, such as email addresses and phone numbers, approved under annual certifications issued jointly by the attorney general and the director of national intelligence and reviewed by the FISA Court.13NSA. FISA The intelligence community says Section 702 provides more than 60 percent of the material in the president’s daily briefing.1NPR. FISA 702 Surveillance Expiration
Because the program targets foreigners abroad but sweeps in the calls, texts, and emails of Americans who communicate with those foreign targets, the resulting databases can be queried using Americans’ names, email addresses, or phone numbers. Critics call these “backdoor searches” and argue they let the government read Americans’ private communications without a warrant, violating the Fourth Amendment.14ACLU. ACLU Urges Appeals Court to Uphold Fourth Amendment Rights Against Warrantless Government Surveillance In 2021, the FBI conducted up to 3.4 million U.S. person queries. FISA Court opinions from 2018 through 2022 described FBI query violations as “persistent and widespread,” with documented improper searches targeting Black Lives Matter protesters, journalists, a sitting member of Congress, thousands of people connected to the January 6 Capitol attack, and more than 19,000 donors to a single congressional campaign.15Brennan Center for Justice. Congress Should Not Reauthorize Warrantless Surveillance of Americans
The 2024 renewal law, RISAA, added supervisory approval requirements for FBI U.S. person queries but did not include the warrant requirement privacy advocates wanted, and it extended the statute for only two years rather than five. That short clock is what set up the current fight, and the unresolved warrant question is what kept the reform faction voting no when the clock ran out.