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Congress Lets Part of Spy Law Lapse. What's Next for Counterterrorism Efforts?

The lapse leaves the warrantless surveillance program without congressional renewal, though a Foreign Intelligence Surveillance Court certification could keep it operating until March 2027.

  • On Friday, June 12, 2026, the Foreign Intelligence Surveillance Act Section 702 surveillance program lapsed after Congress adjourned without passing an extension, marking the first expiration of the counterterrorism measure since 2008.
  • Democrats blocked the extension, citing concerns over President Donald Trump's appointment of housing official Bill Pulte as acting Director of National Intelligence, arguing he lacks necessary intelligence experience.
  • Sen. Mark Warner, vice chair of the Intelligence Committee, warned that companies might refuse to provide information without legal indemnification, even though the Foreign Intelligence Surveillance Court maintains a certification valid until March 2027.
  • Kia Hamadanchy, senior policy counsel at the American Civil Liberties Union, stated existing certifications provide a "safety net," allowing surveillance to continue without immediate consequences until March 2027.
  • President Trump nominated U.S. Attorney Jay Clayton as permanent director on Thursday, but the move failed to break the legislative impasse; the Senate is scheduled to return Monday, June 15, 2026.
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EL NACIONAL broke the news on Friday, June 12, 2026.
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