Congressional Oversight & Policy — 2026-03-18

Section 702 FISA Authority Expires in 33 Days With No Clear Reauthorization Path

Section 702, reauthorized in April 2024 via RISAA with a two-year sunset, expires April 20. Former intelligence officials warn lapse would be a 'self-inflicted national security calamity.' The White House convened renewal discussions but the administration's position remains unclear. Trump's posture is unpredictable; he posted 'Kill FISA' before the 2024 vote. The warrant requirement for US person queries failed by a single vote in 2024.

Analysis
Prior INTSUM (March 17) reported FBI 702 queries rose 35% in 2025 to approximately 7,800 US person queries across the IC. Cotton is pushing an 18-month clean extension; former DOJ official Olsen warned that if 702 lapses, the president may invoke Article II authority for equivalent surveillance without FISA court oversight.

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