US surveillance law to expire for first time after lawmakers reject Trump's controversial pick to lead spy agencies | TechCrunch

The House of Representatives did not pass a bill to renew the U.S. government’s warrantless surveillance authority before its scheduled expiration on Friday. The 218-198 vote fell short of the two-thirds majority required under the expedited procedure used, with 19 Republicans opposing the measure. A subsequent vote is scheduled for June 23, according to reporting by Politico.

The statute, known as Section 702 of the Foreign Intelligence Surveillance Act, permits U.S. intelligence agencies to collect communications of non-U.S. persons located outside the United States without a warrant. The authority has been used to obtain information on foreign intelligence targets, including hackers, spies, and terrorism suspects. Both parties have described the program as important to national security operations in prior reauthorizations.

Negotiations over renewal produced only short-term extensions in recent weeks. Some members proposed adding a requirement that agencies obtain a court warrant before querying communications of U.S. persons incidentally collected under the statute. The administration sought reauthorization without new restrictions.

On June 12 the administration named Bill Pulte, who heads the Federal Housing Finance Agency, to serve as acting director of national intelligence. The position coordinates the 18 agencies that comprise the intelligence community. Pulte lacks prior experience in intelligence collection or national security policy. The administration described the selection as consistent with its preference for officials aligned with its policy priorities. Pulte was scheduled to assume the duties on June 19 while retaining his housing agency role.

Democrats stated that the appointment increased risks to intelligence operations and that allowing the statute to lapse would be preferable. On June 19 the administration withdrew the nomination and named Jay Clayton, U.S. Attorney for the Southern District of New York and former Securities and Exchange Commission chairman, to the acting post. By that date many members had departed Washington for a scheduled recess, reducing prospects for immediate further action on the bill.

Section 702 authorities first received widespread public attention after 2013 disclosures by former National Security Agency contractor Edward Snowden. Those disclosures described collection of communications transiting undersea fiber-optic cables and access to data held by U.S. technology companies under a program referred to as PRISM. The statute prohibits intentional targeting of U.S. persons, though incidental collection occurs when targets communicate with Americans.

The Foreign Intelligence Surveillance Court approved the current certifications for the program in March. Those certifications remain in effect until March 2027, allowing continued operation of the collection programs regardless of the statute’s expiration on June 20. Telecommunications carriers may nevertheless decline to provide certain call detail records in the absence of statutory authorization, according to reporting by Reuters.

The government retains separate collection authorities under Executive Order 12333, which governs intelligence activities outside the United States and does not require judicial approval for most foreign targets.

Senator Ron Wyden, a member of the Senate Intelligence Committee, has stated that agencies have relied on classified legal interpretations of Section 702 that affect the privacy of Americans. Wyden has said members of Congress are not fully informed of these interpretations because they are not discussed in open session.