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Congress has not decided on warrantless surveillance

Congress Faces FISA Deadline

Congress is approaching another deadline to renew Section 702 of FISA, a surveillance authority used to collect foreign intelligence, with lawmakers still divided over whether to extend it without changes. The authority is set to lapse on June 12 after Congress approved only a 45-day extension in April to allow further negotiations on potential reforms.

A proposed three-year reauthorization failed in the Senate on Friday, receiving 52 votes in favor and 47 against, short of the 60-vote threshold needed to advance. Democrats opposed the measure after President Donald Trump announced that Bill Pulte, a businessman reportedly lacking security clearance, would become acting director of national intelligence. Seven Republicans also voted against the proposal.

As acting head of ODNI, Pulte would oversee 18 intelligence agencies. In an interview with the Wall Street Journal, Trump said the office should be smaller and suggested reducing staff, including employees who served during the Obama and Biden administrations.

Section 702 has long drawn scrutiny from lawmakers and civil liberties groups because communications involving Americans can be searched when collected in foreign intelligence programs. Reform advocates have pushed for new limits, including warrant requirements for queries involving U.S. persons. Sean Vitka of Demand Progress said reform supporters were not included in the latest negotiations.

The Trump administration has urged Republicans to support a “clean” extension, meaning one without major policy changes. Opponents argue that recent political developments, including Pulte’s appointment, strengthen the case for additional safeguards.

With the deadline approaching, Congress faces limited time to reconcile competing priorities: maintaining intelligence capabilities that officials describe as important for national security, while addressing concerns about oversight, privacy, and potential misuse. The failed vote leaves the future of Section 702 uncertain as negotiations continue. Lawmakers may need either a compromise bill, another short-term extension, or allow the authority to expire.

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