The U.S. House of Representatives failed to renew the country’s warrantless surveillance law ahead of its expiration on Friday, putting Section 702 of the Foreign Intelligence Surveillance Act (FISA) on course to lapse for the first time.
The House voted 218-198 on the legislation, short of the two-thirds majority required for passage. Nineteen Republicans joined Democrats in opposing the measure.
According to Politico, another vote is scheduled for June 23.
What is Section 702?
Section 702 of FISA allows U.S. intelligence agencies to collect large amounts of information to identify:
- Foreign hackers.
- Spies.
- Suspected terrorists.
The provision has long been viewed by both Republicans and Democrats as a key national security tool.
Renewal efforts stalled
Negotiations over extending the decades-old law have faced delays in recent weeks.
Congress had previously approved short-term extensions while lawmakers continued discussions.
Critics from both parties have sought reforms requiring intelligence agencies to obtain court-approved warrants before accessing Americans’ communications.
The Trump administration had pushed for a clean reauthorization without additional restrictions.
Opposition grows over intelligence appointment
The debate intensified after President Donald Trump appointed ally Bill Pulte as acting Director of National Intelligence.
The position oversees more than a dozen intelligence agencies, including:
- The Central Intelligence Agency (CIA).
- The National Security Agency (NSA).
Pulte, who currently heads a federal housing agency, has no intelligence or national security experience.
According to Politico, his appointment fueled concerns that he could target political opponents and weaken the intelligence community.
The Washington Post reported that some Democrats viewed Pulte’s appointment as a greater threat to national security than allowing FISA to expire.
White House changes course
Pulte had been expected to assume the intelligence role on June 19.
However, the administration withdrew his nomination on Thursday.
He was replaced by Jay Clayton, currently the U.S. Attorney for the Southern District of New York and a former chairman of the Securities and Exchange Commission.
By then, many lawmakers had already left Washington for a week-long recess, reducing the chances of reaching a last-minute agreement.
Origins of the controversy
Section 702 drew widespread attention after former NSA contractor Edward Snowden leaked classified documents in 2013.
The disclosures revealed surveillance programs that collected communications through:
- Undersea fiber-optic cables.
- The PRISM program, which accessed data from major technology companies.
Companies involved included:
- Apple.
- Facebook.
- Google.
- Microsoft.
Surveillance powers likely to continue
Despite the law’s expiration, many intelligence operations are expected to continue.
In March, the Foreign Intelligence Surveillance Court (FISC) approved annual certifications for surveillance programs, allowing authorities to continue using Section 702 tools until March 2027.
However, Reuters reported that telephone companies may hesitate to continue sharing call records without a clear legal framework.
The U.S. government also retains surveillance powers under Executive Order 12333, which provides broad authority for intelligence gathering overseas.
Calls for reform continue
Lawmakers from both parties have continued to raise concerns over alleged abuses.
Earlier this year, Senator Ron Wyden, a member of the Senate Intelligence Committee, said Section 702 is still being used in ways that violate Americans’ constitutional rights.
Wyden said multiple administrations have relied on a classified interpretation of the law that affects the privacy of U.S. citizens.
TL;DR
The House failed to renew Section 702 of FISA, meaning the U.S. surveillance law is set to expire for the first time. Opposition intensified over President Donald Trump’s choice to lead intelligence agencies, although many surveillance programs are expected to continue under existing court approvals.
AI summary
- The House failed to pass a FISA renewal bill.
- Section 702 is set to expire on Friday.
- Opposition grew over Bill Pulte’s appointment as intelligence chief.
- The White House later replaced Pulte with Jay Clayton.
- Existing court approvals allow many surveillance programs to continue until 2027.
