Section 702 of the Foreign Intelligence Surveillance Act expired on Friday after Congress failed to renew it. The lapse stems from opposition to President Trump's choice of Bill Pulte as acting director of national intelligence. Trump has since nominated Jay Clayton for the permanent role.
Congress left Washington without passing an extension after Democrats objected to Pulte's appointment. Lawmakers cited concerns that Pulte would weaponize intelligence tools. Senate Majority Leader John Thune said the position requires professionals, not political figures.
Intelligence collection under the provision can continue for now under existing court authorization. Companies must still comply with requests, though some worry about potential legal challenges. Glenn Gerstell, former NSA general counsel, called the lapse an unnecessary risk that Congress could have avoided.
Trump announced Clayton's nomination on Thursday afternoon. The former SEC chairman and current U.S. attorney for the Southern District of New York will serve permanently if confirmed. Pulte is expected to remain in the acting role for a short period.
Sen. Chris Coons said he will keep an open mind on Clayton but noted the nominee lacks deep intelligence experience. The Senate is scheduled to return next week while the House remains out until June 22.
