NATIONAL NEWS

A key US government surveillance program is set to expire. A look at what that means

Jun 12, 2026, 3:57 AM | Updated: 11:10 am

The U.S. Capitol is seen from Pennsylvania Avenue, Wednesday, May 13, 2026, in Washington. (AP Phot...

The U.S. Capitol is seen from Pennsylvania Avenue, Wednesday, May 13, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson)
Credit: ASSOCIATED PRESS

(AP Photo/Julia Demaree Nikhinson)

WASHINGTON (AP) — A key surveillance tool seen as vital in preventing terror attacks and catching foreign spies is set to expire Friday after congressional efforts to temporarily extend it failed in bipartisan fashion.

It’s a significant lapse for the program known as Section 702, and even as President Donald Trump nominates a new national intelligence director more palatable to both Republicans and Democrats than his initial pick, it’s unclear how soon lawmakers — set for recess — would be able to revive the spy program.

Still, there may not be an immediate drop-off given that a court order from March authorized these government surveillance powers to remain in effect for another year.

Section 702 allows for sweeping powers to sift through foreign communications

The provision is a part of the Foreign Intelligence Surveillance Act, known as FISA, and grants American spy agencies sweeping powers to collect and examine the communications of foreigners located outside the United States without first getting a warrant.

U.S. officials see the law as an invaluable national security tool that has helped disrupt potential acts of terrorism, yielded valuable insight into ransomware attacks on critical infrastructure and contributed to the killing of al-Qaida leader Ayman al-Zawahri in a 2022 drone strike.

The law was passed in 2008 as an effort to codify key aspects of a predecessor spy program created by President George W. Bush’s Republican administration.

Since then, officials across administrations of both major political parties have warned that without the law the government won’t be able to collect crucial intelligence overseas.

The program’s renewal historically has been contentious

The periodic need to reauthorize the law has prompted protracted debate in Congress well before this year, including discussion over whether additional guardrails are needed to protect the privacy of Americans and their personal data.

That’s because when the government eavesdrops on foreigners abroad, it also sweeps up the communications of American citizens and others in the U.S. who are in contact with those surveillance targets.

Civil liberties advocates have raised concerns over revelations that FBI analysts over the years have improperly queried the vast repository of intelligence collected through the program for information about Americans, including related to the Jan. 6, 2021, riot at the Capitol by a mob of Trump supporters and the racial justice protests of 2020, as well as about state and federal political figures.

Some of those advocates have said the government should be required to have a warrant before examining communications collected from Americans. U.S. officials have said that a warrant would be legally unnecessary and overly cumbersome and that corrective measures have been implemented to reduce the number of improper queries.

Complicating the debate is the unlikely political alliances it has produced, uniting a coalition of lawmakers skeptical of government surveillance that includes both privacy-minded liberal Democrats and Republicans who still regard the intelligence community with suspicion over the investigation of ties between Russia and Trump’s 2016 Republican presidential campaign.

The holdup this time is tied to pushback over acting intelligence pick Bill Pulte

Democrats balked when Trump picked Bill Pulte to serve as acting national intelligence director and refused to support a FISA extension until the selection was withdrawn. Pulte, a Trump loyalist with no known national security experience, has set off alarms by using his perch as director of the Federal Housing Finance Agency to facilitate dubious mortgage fraud investigations of perceived Trump adversaries.

A House vote this week that would have temporarily extended the program collapsed, with 19 Republicans and nearly all Democrats rejecting the temporary measure, 198-218. A Senate effort to approve its own versions also failed.

After those votes, Trump announced he was tapping Jay Clayton, a U.S. attorney in Manhattan who previously served as chairman of the Securities and Exchange Commission, as his permanent pick for director of national intelligence, or DNI. The pick was warmly received on Capitol Hill, but it was not enough to break the impasse before Friday’s scheduled expiration.

Connecticut Rep. Jim Himes, the top Democrat on the House Intelligence Committee, said that he has “known and respected” Clayton for decades and that had he been tapped a week ago, “lots of pain might have been avoided.”

“His intelligence, temperament and deep commitment to public service will make him a terrific DNI,” Himes said.

The next steps for the spy powers provision

Republican Arkansas Sen. Tom Cotton, chairman of the Senate Intelligence Committee, and Iowa Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, have warned the Trump administration to prepare “for a potential significant gap in foreign intelligence collection.”

The expiration is likely to be the first meaningful lapse of Section 702 since it was created more than 15 years ago. In 2024, the Senate barely missed its midnight deadline before voting to approve a bill that was then signed by President Joe Biden, a Democrat, creating a brief lapse.

Despite the lapse, there’s no expectation of any immediate drop-off in intelligence collection as the U.S. hosts a series of events this summer with potential national security concerns, including the World Cup and festivities surrounding the 250th birthday of the United States.

A March opinion from the secretive Foreign Intelligence Surveillance Court certified the program’s renewal for another year, meaning that Section 702’s authority is expected to remain intact for months.

Even so, it’s conceivable that without congressional reauthorization, a telecommunications company or internet service provider could challenge the government’s ability to compel it to cooperate with its demands for surveillance.

___

Associated Press writers Mary Clare Jalonick, Lisa Mascaro and Seung Min Kim contributed to this report.

National News

Rep. Chris Pappas, a Democratic candidate for U.S. Senate, speaks to reporters Tuesday, Sept. 29, 2...

Associated Press

Democrats want a blue wave. New Hampshire is Exhibit A for why that may not happen

HUDSON, N.H. (AP) — Five weeks before Election Day, Democratic enthusiasm is reaching a fever pitch. With Republicans struggling to overcome President Donald Trump’s low standing, Democrats are on the offensive in Republican strongholds like Texas and Florida, and even eyeing contests in deeper-red Kansas and Mississippi. Many Democratic leaders predict that the House majority […]

4 hours ago

FILE - The Hidalgo County Republican Party Headquarters are seen, Wednesday, Sept. 16, 2026, in McA...

Associated Press

Republican redistricting in Texas and Florida may not turn out as Trump had hoped

HARLINGEN, Texas (AP) — Eric Flores, a former federal prosecutor and Army National Guard infantry captain, was one of the Republican Party’s prized recruits in this year’s midterm elections. With help from a redrawn congressional map in Texas, he seemed primed to dislodge longtime Democratic Rep. Vicente Gonzalez in a region that swung toward Donald […]

4 hours ago

FILE - Former NFL star wide receiver Antonio Brown walks after being released from the Turner Guilf...

Associated Press

Ex-NFL star Antonio Brown set to appear in Miami court for expected plea agreement

MIAMI (AP) — Former NFL star wide receiver Antonio Brown is scheduled to be in a Miami courtroom Wednesday to accept a plea deal will let him avoid prison time on a reduced charge in an attempted murder case, according to his attorney. Defense attorney Mark Eiglarsh has said Brown will plead no contest to […]

4 hours ago

Associated Press

Tennessee prepares to execute a woman for a crime she committed at age 18

NASHVILLE, Tenn. (AP) — Tennessee is preparing to put to death Christa Gail Pike for a 1995 murder she committed at age 18 in what would be the state’s first execution of a woman in at least 200 years. Pike, now 50, is scheduled to be executed Wednesday morning by lethal injection at Riverbend Maximum […]

4 hours ago

FILE - An Oakland Police Department patch is shown before a baseball game between the San Francisco...

Associated Press

Judge ends federal oversight of Oakland police department after 23 years

OAKLAND, Calif. (AP) — A federal judge on Tuesday ended federal monitoring of the Oakland Police Department after 23 years, capping the longest-running oversight of a police department in U.S. history. “I’m particularly grateful to the men and women of the Oakland Police Department … for achieving substantial compliance,” San Francisco judge William Orrick said. […]

7 hours ago

In this photo taken with a smartphone and provided by Erin Wolfe, Justin Wolfe, center, stands with...

Associated Press

Judge vacates Virginia man’s murder conviction; he walks free after 25 years

A Virginia man’s murder conviction has been vacated and he has been freed from prison after spending 25 years behind bars — including more than a decade on death row. Justin Michael Wolfe ’s release on Monday marks the end of a complex legal saga that at one point had him just days away from […]

8 hours ago

A key US government surveillance program is set to expire. A look at what that means