Washington: A key 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 The Foreign Intelligence Surveillance Act (FISA), originally enacted to regulate foreign intelligence surveillance, includes Section 702, which allows US intelligence agencies to collect communications of foreign targets without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.
According to Anadolu Agency, officials argued that the law has played a crucial role in stopping terrorist attacks, uncovering information about ransomware attacks on infrastructure, and tracking 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 claim that spying on foreigners often inadvertently picks up the communications of Americans. They highlighted instances where FBI staff improperly searched this data for information about US citizens, including individuals 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 lacks the intelligence background typically required for the post.
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, his nomination came too late to prevent the law from expiring. House Speaker Mike Johnson stated that Republicans had done "everything within our power" to prevent the expiration of Section 702, accusing Democrats of "using it as a political hostage," although many Republicans also hindered the reauthorization bill over Pulte.
When 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 expressed concerns that 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 immediately. A March court ruling already allowed the surveillance program to continue for up to another year. Lawmakers are expected to revisit the issue once Congress returns from its break, though no set date has been announced.