US surveillance law set to expire after House fails to renew, lawmakers reject Trump intelligence pick
11 reported3 unconfirmed
The House of Representatives failed to renew the U.S. government’s warrant-less surveillance law before its Friday expiration, all but guaranteeing it will lapse for the first time, as lawmakers protested the appointment of a Trump ally to oversee intelligence agencies. The House voted 218-198 on the bill, which needed a two-thirds majority to pass, with 19 Republican lawmakers voting against it. The law, officially the Foreign Intelligence Surveillance Act (FISA) and known as Section 702, allows intelligence agencies to collect information on Americans to identify foreign hackers, spies, and potential terrorists. Bipartisan efforts to renew the law stalled, and lawmakers had only passed short-term extensions. A new obstacle arose when President Trump appointed Bill Pulte as acting U.S. director of national intelligence, a role overseeing agencies including the CIA and NSA. Democrats warned Pulte’s appointment was a greater risk to national security than allowing the law to expire, according to The Washington Post. The administration later pulled Pulte’s nomination and replaced him with Jay Clayton, but by then many lawmakers had left the capital for a week-long break.
What’s reported
The House voted 218-198 on the bill, which needed a two-thirds majority to pass; 19 Republican lawmakers voted against it.
The next vote is scheduled for June 23, according to Politico.
The law, FISA Section 702, allows U.S. intelligence agencies to collect information on Americans to identify foreign hackers, spies, and potential terrorists.
President Trump appointed Bill Pulte as acting U.S. director of national intelligence; Pulte has no intelligence or national security experience.
Democrats warned Pulte’s appointment was a greater risk to U.S. national security than allowing the law to expire, per The Washington Post.
The administration pulled Pulte’s nomination and replaced him with Jay Clayton, who serves as U.S. Attorney for the Southern District of New York and previously headed the SEC.
By the time Clayton’s appointment broke, many lawmakers had left the capital for a week-long break.
The spy programs authorized under FISA were already approved in March as part of an annual certification process by the Foreign Intelligence Surveillance Court, allowing them to continue until March 2027.
Phone companies may be unwilling to share call logs without a clear law, according to Reuters.
The U.S. government can fall back on Executive Order 12333 for surveillance powers.
Sen. Ron Wyden warned that FISA is still being used to secretly violate Americans’ constitutional rights, citing a secret interpretation of Section 702.
Open questions
Whether the law will be renewed after the June 23 vote.
How phone companies will respond to the expiration.
The full details of the secret interpretation of Section 702 that Sen. Wyden referenced.
Key figures
Bill Pulte: appointed acting U.S. director of national intelligence, later nomination pulled
Jay Clayton: replaced Pulte as acting director; U.S. Attorney for the Southern District of New York; former SEC head
Sen. Ron Wyden: senior Democrat on the Senate Intelligence Committee
Edward Snowden: former NSA contractor-turned-whistleblower who leaked documents in 2013
Sources: TechCrunch
