US lawmakers warn of potential gap ahead of June 12 deadline for intelligence law extension

Caution lapse in Section 702 of Foreign Intelligence Surveillance Act could disrupt foreign intelligence collection

View of the US Senate chamber on Capitol Hill in Washington, United States. PHOTO: Reuters

Two Republican lawmakers warned United States Secretary of State Marco Rubio on Saturday of a potential intelligence gap, accusing Democrats of backing away from extending key foreign intelligence legislation.

The Foreign Intelligence Surveillance Act, or FISA, originally enacted to regulate foreign intelligence surveillance, includes Section 702, which allows US intelligence agencies to collect communications of foreign targets without obtaining individual warrants.

Supporters of the provision, introduced after the September 11 terror attacks, argue it remains a critical tool for national security.

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Critics, however, have raised concerns about potential violations of civil liberties and the extent of surveillance powers granted under the law.

Punchbowl News reporter Andrew Desiderio wrote on US social media platform X on Saturday that Senators Tom Cotton and Chuck Grassley have urged Rubio in a letter to prepare for a “potential significant gap in foreign intelligence collection” as Senate Democrats block the extension of Section 702.

Desiderio noted that the standoff is linked to opposition concerning a Trump administration intelligence appointment, with the deadline for the surveillance authority set for June 12.

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The letter urges Rubio to identify intelligence targets that could be affected if warrantless FISA surveillance expires and to consider other “lawful and constitutional” ways of gathering information.

Congress has passed short-term extensions as talks continue, with any renewal needing 60 votes in the 100-seat Senate.

If FISA 702 lapses, intelligence agencies would still have other tools, including warrant-based Title 1 FISA targeting.