The US intelligence community’s warrantless surveillance powers expired Friday night, one day after House lawmakers – including 19 Republicans – rejected a short-term extension of the program.
The three-week extension of the government’s spying authority, known as Section 702 of the Foreign Intelligence Surveillance Act (FISA), failed a House vote Thursday amid concerns over President Trump’s appointment of federal housing regulator Bill Pulte as acting director of national intelligence and the potential abuse of the program — setting the stage for its expiration at 11:59 p.m. Friday.
It’s unclear when congressional lawmakers will look to revive the program. House members began a scheduled 10-day recess at the end of Thursday.
The law enables the US government to surveil non-Americans abroad without first going before a judge to get a warrant.
However, that surveillance often sweeps up communications of American citizens in the process. The controversial spy power was reformed in 2024, but some critics want additional changes.
The program has been credited with providing the US with intelligence used to kill al Qaeda leader Ayman al-Zawahiri in 2022 and thwart a terrorist attack on 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 While the 702 database would remain available to search, the data in that database will become increasingly out of date.”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.
“Just like they did on Border Funding, the Radical Left Dumocrats are trying to take our National Security hostage because of unrelated issues,” Trump fumed on Truth Social. “I am looking for a permanent ODNI Nominee with experience in National Security.”
“FISA 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,” he continued.
“I 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.”
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.
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