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Federal authority under Section 702 of the Foreign Intelligence Surveillance Act (FISA), which permits the government to collect intelligence on non-U.S. persons located outside the United States without a warrant, lapsed last week after Congress failed to approve an extension.

The expiration followed an extended period of partisan disagreement over both the substance of a short-term reauthorization and broader disputes involving intelligence leadership and election legislation.

Prior to the lapse, President Trump urged Congress to pass a short-term extension of Section 702 authorities. However, the administration simultaneously announced that Bill Pulte would assume the role of acting Director of National Intelligence (DNI) on June 19, earlier than previously anticipated, and directed him to begin downsizing the Office of the DNI. Democrats have indicated they will not support any FISA extension while Pulte is positioned to serve as acting DNI.

Complicating negotiations further, President Trump also stated that he would oppose any extension of Section 702 unless it is paired with the SAVE America Act, the Republican-backed election security proposal. That legislation, however, does not currently have sufficient bipartisan support to advance in the Senate.

On Thursday, Speaker Johnson (R-LA) brought a short-term FISA extension to the House floor under suspension of the rules, a fast-track procedure requiring a two-thirds majority for passage. The measure failed to advance, with a majority of the House—218 members—voting against it.

In the Senate, efforts to advance two separate short-term extension bills by unanimous consent also failed. Sen. Wyden (D-OR) objected in both instances, blocking expedited consideration.

Following the failed House vote, President Trump nominated Jay Clayton, former Securities and Exchange Commission Chair and current U.S. Attorney for the Southern District of New York, to serve as the next Director of National Intelligence.

Senate Majority Leader Thune (R-SD) is expected to bring a FISA extension measure to the floor this week for an initial procedural vote. That vote could set up consideration of a longer-term extension as early as next week, though the path forward remains uncertain given ongoing disagreements over leadership, policy conditions, and procedural constraints.

As of now, the lapse of Section 702 authority, combined with competing political demands and leadership transitions, has created a significant impasse over the future of U.S. surveillance authorities.