The Senate Intelligence Committee this week is set to hold a confirmation hearing for Jay Clayton, President Trump's pick to serve as director of national intelligence, as lawmakers search for a solution to revive the government's lapsed warrantless surveillance authority.
Section 702 of the Foreign Intelligence Surveillance Act expired on June 12 after Congress failed to reach an agreement on even a short-term extension, leaving lawmakers searching for a path forward. The tool allows intelligence agencies to surveil foreign nationals abroad without individual warrants, and officials say it is critical for monitoring foreign threats.
Clayton currently serves as U.S. attorney for the Southern District of New York, considered one of the top prosecutorial districts in the country. He previously chaired the Securities and Exchange Commission during Trump's first term.
What the Right Is Saying
Trump has shown no indication he is willing to drop Pulte and said last week that the acting director is handling the position temporarily while awaiting Clayton's confirmation.
"He's only there for a little while," Trump said. "He's running it for a short while, while we get a very talented person, Jay Clayton."
Sen. Thom Tillis (R-N.C.), who had been critical of Pulte, wrote on X that Clayton "is an OUTSTANDING choice" by Trump. "Jay is a proven leader with a distinguished record of public service and sound judgment needed to lead our intelligence community," Tillis said. "I look forward to working with my colleagues to ensure his swift confirmation."
Senate Majority Leader John Thune (R-S.D.) told reporters that a third budget reconciliation package to fund the military is on the table for Republicans, though some GOP senators have warned another grueling reconciliation fight could put vulnerable Republican colleagues in a difficult political position ahead of midterm elections.
Rep. Jim Himes (D-Conn.), ranking member of the House Intelligence Committee, offered rare bipartisan praise for Clayton. "I've known and respected Jay Clayton for decades," he wrote on X. "His intelligence, temperament and deep commitment to public service will make him a terrific director of national intelligence."
What the Left Is Saying
Senate Democrats have signaled they will oppose moving any FISA extension until Trump withdraws his appointment of Federal Housing Finance Agency Director Bill Pulte as acting director of national intelligence, a move that has intensified the standoff over surveillance authority.
"He has got to go. Period," Senate Minority Leader Chuck Schumer (D-N.Y.) said last week. "I support getting rid of Pulte. That's unequivocal."
Sen. Mark Warner (D-Va.), the top Democrat on the Senate Intelligence Committee, said the only "path out" to securing an extension would be for outgoing Director of National Intelligence Tulsi Gabbard or her deputy, Aaron Lukas, to serve as acting director. Warner said there needs to be "a clear guarantee" that Pulte will not serve in the role.
House Minority Leader Hakeem Jeffries (D-N.Y.) called a recent Republican FISA extension effort a "show vote," adding that Republicans "knew the bill would go down in flames."
Sen. Richard Blumenthal (D-Conn.) called Clayton "a vast improvement" but questioned whether he has sufficient experience in national intelligence. "We'll see whether that is sufficient to justify moving forward on his nomination," he said.
What the Numbers Show
Section 702 of FISA expired June 12, marking the first lapse in surveillance authority since post-9/11 reforms.
The House is currently out of session, meaning any legislation cleared by the Senate would likely have to wait until next week for final consideration.
Trump has urged Republicans on Truth Social to pass a $350 billion bill that would include the Safeguard American Voter Eligibility Act, requiring proof of citizenship to register for federal elections and identification to cast a ballot.
A FISA extension would require majority support in both chambers. The House last week attempted a short-term extension under suspension of the rules, which requires two-thirds support, but a majority of Democrats opposed it.
The Bottom Line
The Senate Intelligence Committee's Wednesday hearing on Clayton represents an attempt by leaders to break through the FISA logjam, though Democrats have made clear that confirming Clayton alone will not be enough to secure their votes for extending surveillance authority as long as Pulte remains in his acting role. Even if senators manage to advance a FISA deal this week, the House's absence means any legislation would face further delays. Meanwhile, Senate Republicans are laying groundwork for a third reconciliation bill focused on defense spending, though that effort faces its own political obstacles heading into the midterm election cycle.