Congress let the Foreign Intelligence Surveillance Act’s Section 702 expire, the first lapse since 2008, after the House rejected a short‑term extension on a 218‑198 vote. The proposal needed a two‑thirds supermajority but fell short of a simple majority, with nearly twenty Republicans joining Democrats. Lawmakers won’t revisit the issue until June 23.

The timing aligns with President Trump’s push to install ally Bill Pulte as director of national intelligence. Democrats argue Pulte lacks intelligence experience and could weaponize data collected under Section 702 for political gain. Senate Minority Leader Mark Warner demanded a guarantee Pulte not serve in an acting capacity, while Trump nominated New York federal prosecutor Jay Clayton for the job.

Section 702 permits warrantless collection of communications targeting foreigners abroad and allows incidental collection of Americans deemed “reasonably likely” to yield foreign intelligence. Past FISA court findings revealed tens of thousands of improper searches, and judges have ruled the FBI and NSA violated privacy orders. House Democrats now call for “meaningful reforms” before any reauthorization, leaving the surveillance framework in limbo and future prosecutions.