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President Donald Trump said Thursday he is considering using an executive order to extend Section 702 of the Foreign Intelligence Surveillance Act after Congress failed to pass a short-term renewal ahead of the program’s scheduled expiration at midnight Friday.
“Congress wants me to do it,” the president told reporters in the Oval Office. “Let’s see what happens. It’s very important for our military.”
The House earlier rejected a fast-track measure that would have extended the surveillance authority until July 2. The proposal failed in a 218-198 vote, falling short of the two-thirds majority required under suspension of the rules.
Senate Republicans later failed to advance the same extension by unanimous consent, leaving lawmakers without a clear legislative path before the deadline.
The dispute intensified after President Trump appointed Bill Pulte as acting director of national intelligence, effective June 19.
Democrats objected to the appointment, arguing Pulte lacks the national security experience required for the role. They added that the appointment jeopardized bipartisan negotiations over a longer-term renewal.
The president later announced he would nominate Jay Clayton as permanent director of national intelligence.
“Few people anywhere in the Legal Community are respected at the level of Jay,” he wrote on Truth Social, calling for quick Senate confirmation.
The timing of the announcement drew criticism from Democrats, including Richard Blumenthal, who argued it came too late to revive negotiations before Congress recessed until June 23.
Legal experts and lawmakers questioned whether Trump could preserve Section 702 through executive action alone. The surveillance authority is established by statute, and its expiration could create uncertainty for intelligence agencies and telecommunications companies that cooperate with federal surveillance requests.
Section 702 allows U.S. intelligence agencies to collect communications involving foreign targets located abroad, though critics have long pushed for stronger warrant requirements when Americans’ communications are incidentally collected.
President Trump has framed the renewal debate around national security concerns tied to upcoming events including the 2026 World Cup and the nation’s 250th anniversary celebrations.
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations,” he wrote Wednesday on Truth Social.
