Section 702 Surveillance Authority Lapses at Midnight Saturday

M. Saturday after the House declined to approve a short-term extension. The provision, first authorized in 2008, permits the government to collect electronic communications of foreigners abroad without a warrant.

Nineteen Republicans joined Democrats in opposing the extension. The House is not scheduled to return to Washington until June 23. President Trump had selected Bill Pulte, head of the Federal Housing Finance Agency, to serve temporarily as director of national intelligence, a move Democrats cited when opposing renewal.

The Foreign Intelligence Surveillance Court had already recertified the Section 702 program through March. Current FISA authorizations will continue unaffected at least through March 17, 2027, according to Rep. Jamie Raskin.

Sen. Dick Durbin stated the statute makes clear that FISA authorities remain positive and enforceable until the recertification expires. Congressional intelligence committees reported that about 60% of the president's daily intelligence briefing derives from information collected under Section 702.

Intelligence community documents sent to House Republicans earlier this year stated that no other foreign intelligence authority can replicate Section 702's speed, agility, and insights. The White House confirmed sending those documents. " The documents described the authority as often the primary or only source of intelligence in areas where other collection would be extremely dangerous or costly.

Rep. " Rep. Keith Self countered that "FISA isn't going dark" and cited precedent from 2008. Elizabeth Goitein of the Brennan Center noted that when the statute preceding Section 702 lapsed in 2008, the Foreign Intelligence Surveillance Court ordered Yahoo to comply with a directive.