Key US surveillance law expires after Congress fails to agree on extension

A piece of US legislation that allows intelligence agencies to spy on foreigners overseas expired on Friday after the House of Representatives could not agree on extending it before leaving for recess.

The Foreign Intelligence Surveillance Act (FISA), originally enacted to regulate foreign intelligence surveillance, includes Section 702, which allows US intelligence agencies to collect communications of foreign targets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

Officials argued that the law has helped stop terrorist attacks, uncover information about ransomware attacks on infrastructure, and track down al-Qaeda leader Ayman al-Zawahri, who was killed in a 2022 drone strike.

However, FISA has long faced criticism from privacy advocates, who say that spying on foreigners often also picks up the communications of Americans.

They pointed to cases where FBI staff improperly searched this data for information about US citizens, including people linked to the Jan. 6, 2021 Capitol riot and 2020 protests against racism.

Earlier this week, the House rejected a short-term extension of the law by a vote of 198-218, with 19 Republicans voting against it along with most Democrats. A similar attempt in the Senate also failed.

The disagreement stems from a row over President Donald Trump's choice of Bill Pulte to lead US intelligence on an acting basis. Pulte currently heads the US Federal Housing Finance Agency but has no background in intelligence, as the post normally requires

After the votes failed, Trump named a new nominee, Jay Clayton, a former top securities regulator, for the role. While lawmakers from both parties welcomed Clayton, it still came too late to save the law from expiring.

House Speaker Mike Johnson said Thursday that Republicans had done "everything within our power" to prevent the expiration of Section 702, accusing Democrats of "using it as a political hostage," though many Republicans also held up the reauthorization bill over Pulte.

Asked after the vote whether he would reconvene the House from recess for another vote on FISA, Johnson responded: "What would be the point?"

He said blocking the bill would "jeopardize" the safety and security of the American people, as the US is hosting the FIFA World Cup, along with Canada and Mexico.

Despite the expiration, officials argue that spying activities are unlikely to stop right away. A March court ruling already allowed the surveillance program to continue for up to another year.

Lawmakers are expected to take up the issue again once Congress returns from its break, though there is no set date yet.