US Spy Law Expires After Congress Fails to Push Through Renewal
The Foreign Intelligence Surveillance Act (FISA), which governs the monitoring of foreign targets, contains a provision under Section 702 that empowers US spy agencies to collect foreign nationals' communications without seeking individual court warrants. Officials have credited the authority with disrupting terrorist plots, uncovering ransomware threats to critical infrastructure, and tracking down al-Qaeda leader Ayman al-Zawahri, killed in a 2022 drone strike.
Yet FISA has long drawn fire from civil liberties advocates, who argue that surveillance of foreigners frequently ensnares the communications of US citizens. They point to documented cases of FBI staff improperly accessing such data to investigate Americans — including those connected to the Jan. 6, 2021 Capitol riot and the 2020 anti-racism protests.
The House voted 198–218 earlier this week to reject a short-term extension, with 19 Republicans joining most Democrats in opposing it. A parallel effort in the Senate also fell apart.
The deadlock is rooted, in part, in President Trump's controversial pick of Bill Pulte — who heads the Federal Housing Finance Agency with no intelligence background — to lead US intelligence on an acting basis. Following the failed votes, Trump announced Jay Clayton, a former senior securities regulator, as a fresh nominee. While lawmakers from both parties welcomed the new candidate, the news came too late to prevent the law's expiration.
House Speaker Mike Johnson declared Thursday that Republicans had done "everything within our power" to avert the expiration, accusing Democrats of "using it as a political hostage" — though many in his own caucus also obstructed the reauthorization bill over Pulte.
When asked whether he would call the House back from recess for a fresh vote, Johnson responded: "What would be the point?" He warned that blocking the bill would "jeopardize" the safety and security of the American people, noting the US is co-hosting the FIFA World Cup with Canada and Mexico.
Despite the lapse, officials say surveillance activities are unlikely to halt immediately. A March court ruling permits the program to continue operating for up to another year. Lawmakers are expected to revisit the issue upon Congress' return from recess, though no timeline has been set.
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