Congress left Washington Thursday without approving an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA), a key surveillance authority allowing the government to collect foreign intelligence from communications of non-U.S. persons overseas. The House rejected a temporary three-week renewal of the statute by a 218-198 vote, while a subsequent attempt to advance a similar measure in the Senate was blocked by Democrats, setting the stage for the law’s expiration at midnight Friday.

Section 702 permits U.S. intelligence agencies to obtain communications held by American technology companies such as Google and AT&T without a warrant, targeting foreign adversaries abroad. Officials across multiple administrations have credited the program with thwarting terrorist plots and countering cyber threats. However, the statute has long faced bipartisan criticism over privacy concerns, particularly regarding incidental collection of Americans’ communications.

Efforts to negotiate a three-year reauthorization earlier this year collapsed amid congressional opposition to President Donald Trump’s appointment of Bill Pulte, his top housing official with no intelligence background, as acting director of national intelligence. Democrats, including those who had supported the renewal with minor reforms, made clear they would block any extension unless Trump reversed the appointment or nominated a more qualified candidate. Trump initially resisted such demands despite appeals from Republicans, who warned that letting the law lapse could endanger national security.

Following the House vote and the start of a weeklong recess, Trump announced he would nominate Jay Clayton, the Manhattan U.S. attorney and former chairman of the Securities and Exchange Commission, as his permanent pick for intelligence director. Clayton’s nomination came too late to forestall the imminent expiration of Section 702, and it remained uncertain whether Democrats would accept him in place of Pulte, who has not been withdrawn as acting director.

Clayton took over as U.S. attorney in Manhattan in April 2025 amid controversy surrounding the office’s handling of politically sensitive cases. He has been criticized for aligning closely with Trump and for remaining silent during the dismissal of senior prosecutors. Clayton also publicly supported Trump’s concerns about alleged election fraud and criticized aspects of California’s voting laws. Before his appointment, the office prosecuted high-profile cases including those involving convicted sex offender Jeffrey Epstein and a Venezuelan militia commander.

Democratic leaders, including House Minority Leader Hakeem Jeffries, emphasized that they would not support an extension without meaningful reforms to surveillance practices and rebuked the administration’s choice of leadership in intelligence. Senator Mark Warner, top Democrat on the Senate Intelligence Committee, said the Pulte nomination derailed a potential bipartisan compromise that had been progressing smoothly. Speaker Mike Johnson criticized Democrats for opposing the temporary extension, accusing them of risking national security for political reasons, though over a dozen Republicans joined Democrats in voting against the measure.

With Congress recessed until late June, lawmakers face limited options to pass an extension before the statutory deadline. While a federal surveillance court recently reauthorized the Section 702 program for another year, allowing continued operations pending legislative action, the lapse could spark legal challenges from technology companies compelled to provide access to communications data. The impasse highlights ongoing tensions over the balance between national security and privacy rights as the intelligence community faces leadership uncertainty.