Congress misses deadline to extend foreign surveillance program

Congress did not pass legislation to extend Section 702 of the Foreign Intelligence Surveillance Act before the midnight deadline. Democrats and Republicans were unable to reach agreement on reauthorization terms.

Program background Section 702 allows collection of communications of foreign nationals located outside the United States without a warrant. Proponents state the authority supports national security collection. The program had operated continuously under congressional authorization since its enactment in 2008.

Reasons for the lapse Negotiations collapsed after disagreement over an acting director appointment at the office of the director of national intelligence. Democrats objected to the interim selection and declined to support renewal legislation until the appointment was withdrawn.

Some Republicans also sought additional warrant requirements for U.S. persons' data. The Senate requires 60 votes to overcome a filibuster, and Democratic support was viewed as necessary. The House recessed for one week after rejecting a three-week extension measure by a 198-218 vote.

Court authorization remains The Foreign Intelligence Surveillance Court separately renewed the program's operational authorities through March 2027. Officials said collection under existing court orders can continue during the congressional gap. Advocates expressed concern that telecommunications companies might challenge future data requests in court without fresh congressional authorization.

Two Republican senators wrote to the secretary of state last week warning of a potential gap in foreign intelligence collection. House Speaker Mike Johnson stated that roughly two-thirds of the president's daily national security briefing draws from Section 702 collection.