US surveillance law set to expire for the first time

The US House of Representatives failed to renew the Foreign Intelligence Surveillance Act (FISA)—the US law governing foreign intelligence surveillance—before its expiration, all but guaranteeing the law will lapse for the first time. The House vote on the bill was 218-198, falling short of the required two-thirds majority. A group of 19 Republican lawmakers voted against the bill, joining opponents to stall the renewal. According to Politico, the next vote on the bill is scheduled for June 23.

The legislative impasse stems from bipartisan concerns over abuses of the law and protests regarding the Trump administration’s appointment of Bill Pulte to oversee US intelligence agencies. Pulte, a controversial Trump ally with no intelligence or national security experience, was nominated to serve as the acting US director of national intelligence, a role that oversees the government’s dozen-plus spy agencies, including the National Security Agency (NSA). According to the news publication Politico, the appointment was a “clear sign of the recent mood” inside the White House, describing Trump as increasingly isolated and driven by grievances. Pulte was scheduled to start the job on June 19, but the administration pulled his nomination and replaced him with Jay Clayton. However, by the time Clayton’s appointment was announced, many lawmakers had already left the capital for a week-long break, making a last-minute deal unlikely.

Despite the expiration of the law, the US government’s spy powers or programs are unlikely to cease any time soon. The surveillance tools, which include Section 702—the specific provision of FISA allowing data collection—remain authorized under existing certifications. These certifications were approved by the Foreign Intelligence Surveillance Court (FISC), the secret court that oversees government surveillance programs, and remain valid until March 2027. This allows programs like PRISM, the National Security Agency program for accessing user data from tech companies, to continue operating. However, Reuters reported that phone companies may be unwilling to share information without a clear law in place, creating operational friction. If needed, the US government can also fall back on alternative authorities, such as Executive Order 12333, which governs global surveillance operations.

Why it matters

The lapse of FISA creates a rare moment of legal uncertainty for US intelligence agencies and the tech companies that facilitate data collection, even if immediate surveillance operations continue under existing certifications.