# When does FISA Section 702 expire?

*Congress extended the surveillance law twice in April 2026 and the second extension ran out in June, but orders issued under it before the repeal stay in effect until they expire.*

- Type: Explainer
- Section: Politics
- By: Politics Desk
- Published: 2026-11-12T01:09:39-05:00
- Updated: 2026-11-12T01:09:39-05:00
- URL: https://factsdesk.com/politics/when-does-fisa-section-702-expire/

Topics: [U.S. Congress](https://factsdesk.com/topic/us-congress/)

## Key facts

- FISA Section 702 has already expired: it was automatically repealed on June 12, 2026, along with the rest of Title VII of the Foreign Intelligence Surveillance Act. Source: [Congressional Research Service](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html). Confirmed 2026-11-12T01:09:39-05:00. Cite: https://factsdesk.com/politics/when-does-fisa-section-702-expire/#fisa-section-702-has-already-expired-it-was-automatically
- Public Law 119-87, approved April 30, 2026, set that date by changing the repeal date of Title VII from April 30, 2026, to June 12, 2026. Source: [U.S. Government Publishing Office](https://www.govinfo.gov/content/pkg/PLAW-119publ87/html/PLAW-119publ87.htm). Confirmed 2026-11-12T01:08:24-05:00. Cite: https://factsdesk.com/politics/when-does-fisa-section-702-expire/#public-law-119-87-approved-april-30-2026-set-that-date-by
- Public Law 119-84, approved April 18, 2026, was the earlier extension and set the repeal date at April 30, 2026. Source: [U.S. Government Publishing Office](https://www.govinfo.gov/content/pkg/PLAW-119publ84/html/PLAW-119publ84.htm). Confirmed 2026-11-12T01:08:24-05:00. Cite: https://factsdesk.com/politics/when-does-fisa-section-702-expire/#public-law-119-84-approved-april-18-2026-was-the-earlier
- Under the FISA Amendments Act of 2008, an order, authorization or directive issued under Title VII continues in effect until the date it expires. Source: [U.S. Government Publishing Office](https://www.govinfo.gov/content/pkg/PLAW-110publ261/html/PLAW-110publ261.htm). Confirmed 2026-11-12T01:09:07-05:00. Cite: https://factsdesk.com/politics/when-does-fisa-section-702-expire/#under-the-fisa-amendments-act-of-2008-an-order-authorization
- The Congressional Research Service said the executive branch may keep operating under Section 702 court orders for up to one year after the orders were issued. Source: [Congressional Research Service](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html). Confirmed 2026-11-12T01:09:39-05:00. Cite: https://factsdesk.com/politics/when-does-fisa-section-702-expire/#the-congressional-research-service-said-the-executive-branch

FISA Section 702 has already expired. The Congressional Research Service said the provision ["was automatically repealed on June 12, 2026"](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html) under the FISA Amendments Act of 2008, as amended by Public Law 119-87. June 12, 2026, was a Friday. The repeal covered all of Title VII of the Foreign Intelligence Surveillance Act, which the research service said includes Sections 702 through 705.

When checked on November 12, 2026, the Government Publishing Office's [collection of public laws for the 119th Congress](https://www.govinfo.gov/app/collection/plaw/119/public) ran through Public Law 119-138, approved November 3, 2026, and no law after Public Law 119-87 in that collection changes the repeal date or restores Title VII.

## How the date was set

Congress moved the date twice in April 2026, each time by amending section 403(b) of the FISA Amendments Act of 2008, the provision that repeals Title VII on a fixed date.

| Law | Approved | Repeal date it set |
| --- | --- | --- |
| [Public Law 119-84](https://www.govinfo.gov/content/pkg/PLAW-119publ84/html/PLAW-119publ84.htm) (H.R. 8322) | April 18, 2026 | April 30, 2026 |
| [Public Law 119-87](https://www.govinfo.gov/content/pkg/PLAW-119publ87/html/PLAW-119publ87.htm) (S. 4465) | April 30, 2026 | June 12, 2026 |

The first law replaced an earlier deadline, which had been written as two years after the enactment of the Reforming Intelligence and Securing America Act, with the fixed date of April 30, 2026. Its legislative history shows that the House passed it on April 16 and the Senate passed it on April 17. The second law struck "April 30, 2026" and inserted "June 12, 2026", and both chambers passed it on April 30, the day it was approved.

## What still operates after the repeal

The repeal did not end every activity under Section 702 on that day. The transition procedures in the [FISA Amendments Act of 2008](https://www.govinfo.gov/content/pkg/PLAW-110publ261/html/PLAW-110publ261.htm) say that any order, authorization or directive issued under Title VII "shall continue in effect until the date of the expiration of such order, authorization, or directive."

The [Congressional Research Service](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html) said in a June 22, 2026, legal analysis that lawmakers and congressional aides have stated that the Foreign Intelligence Surveillance Court authorized Section 702 surveillance for one year in March 2026. It said the executive branch is authorized by statute to continue operating under such court orders for up to one year after they are issued. The research service also said the court's orders are classified and that no such order appeared to have been published as of June 22.

After any such authorization expires, the research service said the government will generally have to seek an individual court order for each target under Title I of the Foreign Intelligence Surveillance Act.

## What Section 702 allowed

Section 702 was enacted in 2008 as part of the FISA Amendments Act. The [Congressional Research Service](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html) describes it as authority for intelligence agencies to target people who are not U.S. persons and who are reasonably believed to be outside the United States, in order to acquire foreign intelligence information. The research service said the section was distinct because it allowed programmatic surveillance, meaning surveillance without an individual court order for each target and acquisition.

## What Congress can do now

The research service described options for Congress. It said Congress could pass a law that reinstates Section 702 unchanged, reinstate it with amendments, or "take no action, leave Section 702 repealed, and allow any existing surveillance authority to expire." It said a reinstated Section 702 could carry a new expiration date, as earlier versions did, or be made permanent.

## Sources

1. [Public Law 119-87, an act to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978 (S. 4465)](https://www.govinfo.gov/content/pkg/PLAW-119publ87/html/PLAW-119publ87.htm), U.S. Government Publishing Office, 2026-04-30 (primary source)
2. [Public Law 119-84, an act to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978 through April 30, 2026 (H.R. 8322)](https://www.govinfo.gov/content/pkg/PLAW-119publ84/html/PLAW-119publ84.htm), U.S. Government Publishing Office, 2026-04-18 (primary source)
3. [Public Law 110-261, FISA Amendments Act of 2008](https://www.govinfo.gov/content/pkg/PLAW-110publ261/html/PLAW-110publ261.htm), U.S. Government Publishing Office, 2008-07-10 (primary source)
4. [The Impact of FISA Section 702's Repeal (Legal Sidebar LSB11444)](https://www.congress.gov/crs_external_products/LSB/HTML/LSB11444.web.html), Congressional Research Service, 2026-06-22 (primary source)
5. [Public and Private Laws, 119th Congress](https://www.govinfo.gov/app/collection/plaw/119/public), U.S. Government Publishing Office, 2026-11-12 (primary source)