Senators Tom Cotton and Chuck Grassley have asked Sen. Marco Rubio to prepare for a “potential significant gap” in foreign intelligence collection if Section 702 of the Foreign Intelligence Surveillance Act expires on June 12. The renewal effort is stalled amid objections to Bill Pulte’s appointment as acting director of national intelligence, with critics pointing to his lack of experience and clearances. The senators asked Rubio to identify at‑risk targets and alternative lawful collection methods; agencies could fall back on warrant‑based Title I FISA, though it may not fully replace Section 702.
GOP Senators Tell Rubio To Prepare For ‘Significant Gap’ If FISA Section 702 Expires
Marco Rubio
(AP Photo/Mariam Zuhaib)
Sen. Marco Rubio has been urged by two Republican senators to prepare for a “potential significant gap” in foreign intelligence collection as Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches its expiration date.
Section 702 permits certain warrantless collection of foreign intelligence information and has been a cornerstone tool for national security agencies since its post‑9/11 adoption. Supporters argue it is essential to disrupting threats; civil liberties advocates and some lawmakers have long raised concerns about privacy and oversight.
According to Punchbowl News reporter Andrew Desiderio, Sens. Tom Cotton and Chuck Grassley sent a letter asking Rubio to identify intelligence targets that would be jeopardized if warrantless surveillance under Section 702 lapses and to outline other “lawful and constitutional” methods for continuing to gather critical intelligence. The senators noted June 12 as the looming deadline.
The current impasse stems from objections by some Senate Democrats — and a few Republicans — to the appointment of Bill Pulte as acting director of national intelligence. Critics, cited in reporting, say Pulte lacks prior national intelligence experience and does not hold the security clearances typically associated with the DNI role. Reporting also notes Pulte previously served as director of the Federal Housing Finance Agency during the Trump administration.
Lawmakers have repeatedly passed short-term extensions of Section 702 to buy time for negotiations, but any long-term reauthorization would still face a 60‑vote threshold in the Senate to advance. If the warrantless aspects of Section 702 expire, the intelligence community can still use other authorities, including warrant‑based Title I FISA, though officials warn those options may not fully replicate Section 702 capabilities.
The reporting of the Cotton‑Grassley request first appeared in Punchbowl News, and the story was originally published on Mediaite.
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