WASHINGTON — A powerful surveillance tool backed by the intelligence community is scheduled to expire Friday after the House failed to pass an extension and left town for 12 days.Subscribe to read this story ad-free Get unlimited access to ad-free articles and exclusive content.It would be the first time Congress has allowed Section 702 of the Foreign Intelligence Surveillance Act to lapse since the law passed in 2008.It grants the government powers to spy on foreign nationals living abroad as part of counterterrorism efforts without requiring warrants.Congress has struggled for months to reach a deal that placates privacy hawks on the left and the right, who demand restraints they say are necessary to prevent the law from being abused.
They argue that there are insufficient guardrails on the government’s sweeping up private information about Americans.Last week, President Donald Trump disrupted already fragile negotiations for a long-term renewal of Section 702 by tapping housing official Bill Pulte to be acting director of national intelligence.Pulte is a Trump ally with no intelligence background who’s known for targeting Trump critics with mortgage fraud investigations.Democrats all but cut off the FISA Section 702 negotiations, making it clear they wouldn’t vote to reauthorize that extraordinary power if it’s placed in the hands of Pulte, who Trump said would take over from outgoing DNI Tulsi Gabbard on June 19.“Pulte’s got to go.
The DNI role is too important,” said Senate Minority Leader Chuck Schumer, D-N.Y.“He cannot be there — no ands, ifs or buts.
No matter what else they do.”On Thursday, the House failed to pass a short-term extension of FISA Section 702 through July 2 by a vote of 198 to 218.Not only did it fail; it fell far short of the two-thirds requirement to pass under the fast-track process used by GOP leaders.Nineteen Republicans joined 199 Democrats to vote it down.
Just seven Democrats voted for the short-term exte...