The U.S. House of Representatives failed to complete a renewal vote before the bill expired, making it highly likely that Section 702 of the Foreign Intelligence Surveillance Act will lapse on Friday. This would mark the first time this long-standing surveillance authority officially expires, highlighting growing divisions between the White House and Congress over intelligence powers and personnel appointments.
The House vote did not pass.
The House passed the bill with 218 votes in favor and 198 against, but it failed to advance due to procedural requirements mandating a two-thirds majority. Nineteen Republicans in Congress voted against the bill. According to U.S. media reports, the next vote is expected to be scheduled for June 23.
Section 702 has long been regarded by both U.S. political parties as a vital tool for the intelligence community, allowing intelligence agencies to collect large-scale communications and data under the pretext of identifying foreign hackers, spies, and potential terrorist threats. In recent years, controversy surrounding this authority has intensified, with critics arguing that it has been repeatedly abused by successive administrations and has infringed upon the privacy of U.S. citizens.
Trump's appointment has triggered new resistance
The two parties had previously coordinated on a short-term extension and continued negotiations, but last week’s White House personnel changes further increased the difficulty of renewal. Trump appointed his ally Bill Putnam as acting Director of National Intelligence, a position responsible for coordinating multiple intelligence agencies, including the CIA and the NSA.
Opponents worry that Puelt, lacking intelligence and national security experience, could use this position to target political opponents and undermine the independence of the intelligence community. Some Democratic lawmakers even believe the risks posed by this appointment outweigh those of temporarily letting the bill lapse.
However, the White House later rescinded Pulte’s appointment and replaced him with Jay Clayton, the current U.S. Attorney for the Southern District of New York and former chair of the SEC. But by the time the news broke, many lawmakers had already left Washington for recess, significantly narrowing the window to advance the agreement.
The expiration of the law does not mean monitoring stops immediately.
Although the bill text is about to expire, existing U.S. surveillance programs will not be immediately shut down in the short term. The Foreign Intelligence Surveillance Court, responsible for overseeing these programs, completed its annual certification in March this year, so current authorization tools may continue to be used until March 2027.
This means that U.S. intelligence agencies can continue operating most of their surveillance programs under the existing court-approved framework. In addition to FISA, the government can also rely on other avenues, such as Executive Order 12333, to conduct broader intelligence collection worldwide.
Section 702 came into public view following the 2013 Snowden leaks. The disclosed documents revealed that the U.S. National Security Agency had extensively collected global internet communication data through undersea cable communication links and the PRISM program, involving technology companies such as Apple, Google, Microsoft, and Facebook.
The controversy surrounding this law is not over. Senator Ron Wyden, who has long focused on intelligence oversight, warned earlier this year that Section 702 is still being secretly interpreted and applied, continuing to impact the privacy rights of U.S. citizens.