FISA surveillance authority set to expire as Congress and Trump clash over intelligence chief

Congress allowed a warrantless surveillance authority to lapse Tuesday as the House adjourned without voting to extend FISA Section 702, a provision that permits the government to monitor communications of foreign targets without individualized warrants.

The expiration came amid a standoff between lawmakers and President Donald Trump over Bill Pulte, Trump's selection as acting Director of National Intelligence. Members disagreed over whether Pulte should hold the position, creating a procedural obstacle that prevented the House from addressing the surveillance law before members left town.

Section 702 has served as a cornerstone of U.S. counterterrorism and foreign intelligence operations since 2008. The provision allows the National Security Agency and the FBI to collect communications without obtaining a warrant when one party to the communication is believed to be a foreign national located outside the United States.

Lawmakers have debated the law's scope for years. Supporters argue the tool is essential for monitoring threats abroad. Critics contend that the provision sweeps up communications of Americans who contact foreign individuals, potentially compromising privacy rights without judicial oversight.

The lapse created uncertainty about the future of surveillance operations that intelligence agencies rely on. Officials did not immediately clarify how the agencies would proceed or whether the expiration would prompt emergency action from lawmakers when Congress reconvenes.

Trump nominated Pulte, a real estate investor and philanthropist, to serve as acting intelligence chief. His selection generated friction between the administration and members who questioned his qualifications for the role. The dispute delayed House proceedings and left unfinished business as the chamber adjourned.

Senate Republicans had pushed for a vote on extending Section 702, viewing the surveillance tool as operationally necessary. House Democratic leaders and some Republican members raised concerns about reauthorizing the provision without additional privacy protections.

The political deadlock prevented Congress from completing action on the measure before the holiday recess. Intelligence officials warned that the lapse could hamper ongoing counterintelligence operations, though the precise operational impact remained unclear.

Lawmakers indicated they would address the surveillance authority when Congress returns, but the timing and terms of any extension remained uncertain. The expiration underscored the political divisions within Congress over both national security priorities and Trump's personnel decisions.