Both Chambers Rejected FISA 702. The Law Expired.
The House voted 198-218 on June 11 to reject a two-year extension of Section 702 of the Foreign Intelligence Surveillance Act. Nineteen Republicans joined every Democrat in voting no. The Senate had already blocked reauthorization 47-52 on June 5.
Section 702 expired at midnight on June 12. It is the first time the surveillance authority has lapsed since Congress created it in 2008.
The House left for recess immediately after the vote. Members do not return until June 23. The earliest a new vote could happen is late June, meaning the lapse will last at least 11 days.
Existing Surveillance Continues. New Targets Cannot Be Added.
The expiration does not shut down surveillance overnight. Section 702 operates under yearlong certifications approved by the FISA Court. The most recent certifications were approved in March 2026, authorizing collection on 349,823 foreign targets through March 2027.
What the government loses is the ability to add new surveillance targets or issue new directives to tech companies. If a foreign adversary creates a new communications account tomorrow, the NSA cannot compel the provider to turn over data until Congress reauthorizes the law.
Intelligence officials say 60% of the President’s Daily Brief relies on Section 702 data. The existing collection continues, but the gap in new targeting authority is real.
Why 19 House Republicans Voted No
The Republican defections matched the same split that killed the bill in the Senate. Some members demanded a warrant requirement before the government can search Americans’ communications swept up in foreign surveillance. The FBI ran 3.4 million warrantless searches of Americans’ data in 2021 alone.
Others refused to reauthorize the government’s most powerful surveillance tool while Bill Pulte serves as acting Director of National Intelligence. Pulte has no intelligence experience. At his previous job running the Federal Housing Finance Agency, he sent criminal referrals to DOJ targeting political opponents of the president. The GAO is investigating whether he misused federal authority.
Sen. Thom Tillis called Pulte “not qualified.” Sen. Lisa Murkowski said the appointment was “reckless.” Sen. Mark Warner called him “extraordinarily unqualified” to oversee 18 intelligence agencies.
The SAFE Act Would Fix the Problem Congress Keeps Avoiding
The SAFE Act, introduced by Sens. Durbin and Lee, would require a warrant before searching Americans’ communications collected under Section 702. It would close the data broker loophole that lets agencies buy location and browsing data with no legal process. It would narrow the 2024 provider definition expansion that swept in data center workers and building landlords.
The votes exist. The warrant requirement has bipartisan support from libertarian Republicans and civil liberties Democrats. Congress does not need to choose between security and the Fourth Amendment.
What You Can Do
- Call your representative at (202) 224-3121 and tell them to support the SAFE Act when Congress returns June 23. No reauthorization without a warrant requirement.
- Call your senators with the same message. The 47-52 Senate vote and 198-218 House vote prove the coalition exists.
- Use our letter below to demand a warrant requirement before the government searches your emails, calls, and texts. The FBI abused warrantless access 3.4 million times in one year. Congress should not reauthorize that power without reform.