U.S. intelligence agencies’ authority to conduct warrantless surveillance lapsed late Friday, a day after the House rejected a short-term extension of the program with the help of 19 Republican votes.
The proposed three-week renewal of Section 702 of the Foreign Intelligence Surveillance Act failed in the House on Thursday. Lawmakers’ concerns centered on President Trump’s decision to name federal housing regulator Bill Pulte as acting director of national intelligence, as well as fears that the surveillance authority could be misused. The failed vote cleared the way for the program to expire at 11:59 p.m. Friday.
It remains uncertain when Congress will attempt to restore the authority. House lawmakers began a planned 10-day recess at the close of business Thursday.
Section 702 allows the U.S. government to monitor non-U.S. citizens overseas without first obtaining a warrant from a judge.
In practice, however, the surveillance can also capture communications involving Americans, a longstanding source of controversy. Although the program was revised in 2024, critics have continued to push for tighter safeguards and further reforms.
Supporters of the authority say it has played a key role in major national security operations. Intelligence gathered under the program has been linked to the 2022 operation that killed al Qaeda leader Ayman al-Zawahiri and to efforts that helped stop a planned terrorist attack targeting a Taylor Swift concert in Austria in 2024.
The lapse is not expected to immediately impact the ability of the US to gather foreign intelligence.
The government can still obtain warrants to conduct electronic surveillance and the Foreign Intelligence Surveillance Court certified in March that Section 702 powers could remain in effect for another year.
“Everything that’s already been authorized and certified is already in motion, and current FISA authorizations will continue unaffected, at least through March 17, 2027,” House Judiciary Committee ranking member Jamie Raskin (D-Md.) said earlier this week, arguing that “government surveillance activities will continue unchanged” after Friday.
House Intelligence Committee Chairman Rick Crawford (R-Ark.), however, said the lapse would put the government in “uncharted territory.”
“Once this authorization expires, the clock starts ticking,” Crawford said Wednesday. “The implications get worse every single day. While the 702 database would remain available to search, the data in that database will become increasingly out of date.”
Crawford noted that phone and internet service providers may refuse to comply with government requests for data after Section 702 expires.
Trump had urged Congress to approve the short-term FISA Section 702 extension on Wednesday, arguing it would keep Americans safe during the World Cup and celebrations marking the 250th anniversary of the founding of the US.
âJust like they did on Border Funding, the Radical Left Dumocrats are trying to take our National Security hostage because of unrelated issues,â Trump fumed on Truth Social. âI am looking for a permanent ODNI Nominee with experience in National Security.â
âFISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations. If nothing is done, this important Law will expire this week,â he continued.
âI am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency.â
Trump has since nominated Jay Clayton, the US attorney for the Southern District of New York, to fill the director of national intelligence position on a permanent basis.
