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Section 702 set to lapse
The U.S. House of Representatives rejected a proposal to extend Section 702 of the Foreign Intelligence Surveillance Act before it was due to expire on Friday, setting up the first lapse of the program since the law passed in 2008.
“"Your data is everywhere”
The House vote failed 218-198, with 19 Republicans joining nearly all Democrats in opposing the bill, and the House left town after the vote and was not due back until June 23.
President Donald Trump had pressed for renewal while Democrats and Republicans argued over his naming of Bill Pulte, head of the Federal Housing Finance Agency, as acting director of national intelligence.
NBC News reported that the surveillance tool is scheduled to expire Friday after the House failed to pass an extension and left town for 12 days, and it said the program grants the government powers to spy on foreign nationals living abroad without requiring warrants.
The dispute over Section 702 has been tied to Pulte’s role and to privacy hawks’ demands for restraints, with NBC News citing that Democrats all but cut off the negotiations over the placement of Pulte in the DNI role.
Clayton nominated after backlash
After the House rejected the extension, Trump nominated Jay Clayton to be the next permanent director of national intelligence, and PBS reported that Clayton was nominated to take the role on a permanent basis on Thursday.
PBS said Trump urged the United States Senate to confirm Clayton “as soon as possible,” and it quoted Trump in a Truth Social post announcing his pick.
NBC News reported that Trump announced he will nominate Jay Clayton after the failed House vote, but it said until then Trump still plans to put Pulte in control temporarily.
The Washington Post described Democrats’ continued signal that they would oppose the program if Pulte stepped into the role, even temporarily, and it quoted House Speaker Mike Johnson saying, “We cannot allow FISA to go dark.”
NBC News also quoted Senate Minority Leader Chuck Schumer saying, “Pulte’s got to go. The DNI role is too important,” as Democrats argued the DNI role was too important to be held by someone without an intelligence background.
What happens if it lapses
Even with the Section 702 lapse scheduled for Friday, NBC News reported that a temporary lapse over the next week won’t mean FISA is shut down, citing Sen. Ron Wyden’s view that most FISA powers will remain in effect until 2027.
“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”
NBC News said Wyden’s office pointed to a report by New York University’s Brennan Center for Justice that FISA court certifications approved in March would stay valid through next March even if Section 702 lapses, and it added that companies would still be legally obligated to comply with directives.
The Guardian framed the stakes as a broader fight over surveillance oversight, noting that a key provision of FISA is due to expire on Friday night and quoting Jason Pye of the Due Process Institute on the underlying concerns about Section 702.
In the same Guardian piece, Jake Laperruque of the Center for Democracy and Technology said, “We’ve reached a point where we’re kicking the can,” and it described Congress’s failure to extend section 702 in time for Friday’s deadline.
The Washington Post reported that Republicans said the FISA lapse endangers national security while Democrats argued Pulte’s appointment as acting head of U.S. intelligence was a bigger danger to Americans’ safety, and it said the result all but ensures Section 702 will lapse for the first time.
