WASHINGTON — A powerful surveillance tool backed by national security hawks faces a risk of expiring this week after President Donald Trump moved to put it in the hands of an ally without a national security background.Subscribe to read this story ad-free Get unlimited access to ad-free articles and exclusive content.Trump tapped housing official Bill Pulte last week to replace Tulsi Gabbard on an acting basis as director of national intelligence. Pulte is known for pushing criminal investigations into Trump’s adversaries for mortgage fraud, which Democrats and the targets of those probes say are selective and politically motivated.The DNI oversees Section 702 of the Foreign Intelligence Surveillance Act, or FISA, which gives the administration powers to spy on foreign nationals living abroad without obtaining warrants. The program has long faced criticism from privacy hawks on the left and the right who say that it enables the government to sweep up data on Americans and that it is ripe for abuse.The push to renew Section 702 was already hitting roadblocks and divisions. Democrats and some Republicans want changes to the program to protect Americans’ privacy.But the elevation of Pulte has turned it into a deal-breaker for Democrats, who say they won’t vote to reauthorize the program ahead of its expiration deadline Friday. The Trump administration and Republicans in Congress argue Section 702 is a national security necessity, especially, as Senate Majority Leader John Thune, R-S.D., argued Tuesday, ahead of large events like the World Cup and celebrations for America’s 250th anniversary.House Minority Leader Hakeem Jeffries, D-N.Y., said there’s no scenario in which he’d support an extension with Pulte in charge.“The negotiations prior to Trump’s announcement with respect to Bill Pulte were already in a very sensitive place,” Jeffries told reporters Monday. “And then Donald Trump, as he often does, tosses a hand grenade into those sensitive negotiations by elevating Bill Pulte as the director of national intelligence.”Trump’s announcement last week blindsided Republican leaders, who weren’t consulted about the Pulte pick and fretted that the timing would complicate their ability to secure the votes to extend Section 702, according to a Republican aide.Any bill to renew Section 702 needs 60 votes in the Senate, where Republicans control 53 seats. Minority Leader Chuck Schumer, D-N.Y., said Trump’s tapping Pulte for DNI makes it “much harder” to reach a bipartisan agreement. Sen. Lisa Murkowski, R-Alaska, said the Pulte announcement “really complicated our ability to move forward on FISA.”Thune said he is “encouraging” Trump to nominate a permanent new DNI for Senate confirmation to unlock Democratic votes. Beyond that, he punted to the White House on how to placate Democratic demands and get the votes for FISA.“That’s a conversation that’s happening between Senate Democrats and the White House,” he said.House Speaker Mike Johnson, R-La., said that he participated in a “very productive” meeting about FISA with Trump at the White House on Tuesday and that Congress can’t let Section 702 “go dark.”He declined to say whether Trump might dump Pulte to secure the votes.Trump didn’t allude to any of the controversy in a Truth Social post Tuesday evening, saying that Pulte will take over as acting DNI on June 19 and that he “will remain as Director of the Federal Housing Finance Agency, and Chairman of Fannie Mae/Freddie Mac.”Even some Republicans say Pulte isn’t qualified to be DNI.“I’m still seeking any evidence of qualifications,” said Sen. John Cornyn, R-Texas, who was defeated in his primary re-election race by a Trump-backed candidate. “And Democrats are not going to vote to pass 702 until he’s withdrawn, and we need that done. That’s 60% of the President’s Daily Brief is materials generated by FISA 702. So the stalemate needs to be broken.” Sen. Bill Cassidy, R-La., who also lost to a Trump-backed primary challenger, said: “There’s a lot to be concerned about there.”Meanwhile, some Republicans say it’s not a big deal if FISA Section 702 authority expires on schedule Friday, arguing that a temporary lapse wouldn’t harm national security.Rep. Keith Self, R-Texas, called it “hysteria” Tuesday on X and said proponents of the program should accept “reasonable reforms,” like a warrant requirement to collect data about Americans, if they want the program renewed.Self noted that other FISA authorities remain, a point the libertarian Cato Institute also made.“FISA isn’t going dark. We have the law. We have precedent from 2008. Don’t fall for the scare tactics,” Self said.Some Democrats say it’s not just about Pulte — and that Trump’s instinct to install him as acting DNI is reason enough to warrant opposition to renewing the warrantless surveillance power.Rep. Ted Lieu, D-Calif., a member of House Democratic leadership, said he’s “a hard NO on FISA Section 702 reauthorization.”“Whether or not the totally unqualified and corrupt Bill Pulte gets confirmed, trump’s nomination of Pulte has already shown trump would have no problem with weaponizing intelligence against Americans he doesn’t like,” Lieu wrote on X.