With help from Lara Seligman, Connor O’Brien and Daniel Lippman

Subscribe here | Email Alex | Email Matt

The Biden administration is pushing on three fronts this week in its attempt to convince Congress to renew a controversial surveillance act.

It began with Attorney General MERRICK GARLAND and Director of National Intelligence AVRIL HAINES sending a letter to congressional leadership on Tuesday, urging them to greenlight an extension of the intelligence program — known as Section 702 — largely in its current form, Alex reports alongside JORDAIN CARNEY and JOHN SAKELLARIADIS.

It’s a hard sell, though, as the surveillance program that was designed to gather electronic communications of foreigners abroad has become a source of controversy over its potential to sweep up the communications of Americans.

So they’re following that up with public appeals. Garland will testify Wednesday before the Senate Judiciary Committee, where he’ll likely face questions about the surveillance program, And then, Haines will also appear publicly before the Senate and House Intelligence Committees next week for one of those panels’ rare public hearings.

The administration’s public push comes after behind-closed-doors negotiations between the Justice Department and Office of the Director of National Intelligence and senior members, focusing on reauthorizing the program.

While the intelligence community has long insisted that the surveillance program is a vital tool for protecting Americans, members of Congress in both parties still have sharp questions about a practice that largely takes place in secret and, they worry, could violate citizens’ rights.

A long-time supporter of the policy, Sen. MARK WARNER (D-Va.), chair of the Senate Intelligence Committee, said he will continue to support the “critical statue” and its reauthorization.

“The committee and other members will take a hard look at the law to understand if additional reforms are necessary to improve compliance and ensure protection of the privacy and civil liberties of Americans,” Warner told NatSec Daily in a statement.

But this time, the Biden administration has to deal with the emboldened House Republican majority, which are leading multiple investigations into the political motivations of the very same agencies that run Section 702.

A senior administration official said that both Tuesday’s letter and speech “are making the preview case that you and others will hear the administration making in coming months” about the importance of re-upping the program. Haines and Garland, in their letter, said they are willing to work with Congress on “potential improvements” but drew an early red line for the administration by saying that they needed to “fully preserve its efficacy.”

To that end, and to help convince lawmakers that the program is sorely needed, the administration is also declassifying certain intelligence information.

Officials plan to show that Section 702 helped thwart both conventional and cyber threats from China, Russia, Iran and North Korea, three senior administration officials said. They’ll reveal that they’ve used the authority to prevent ransomware attacks on U.S. critical infrastructure, to kill Al Qaeda leader AYMAN AL-ZAWAHIRI and to disrupt foreign spy networks.

“The reason why we’re outlining all of this in the letter is to underscore how important and irreplaceable this authority is across a range of strategic priorities,” one official said.

MARKING MOSCOW: A drone crashed some 70 miles away from Moscow on Tuesday in an apparent attempt to hit the city, Russian officials said.

It landed near a natural gas distribution southeast of the city, coming shortly after Russian officials accused Ukraine of launching two attempted drone strikes in the south overnight, Reuters’ MARK TREVELYAN and JAKE CORDELL report. Ukrainian officials didn’t take credit for any of the incidents, though pictures appeared to show the drone was Ukrainian-made.

If Ukraine was behind the strike, it would mark the country’s closest attempted attack on the capital since the war began.

LEOPARD LACKING: Some European nations that were authorized to send battle tanks to Ukraine last month are struggling to fill the order, The New York Times’ ERIKA SOLOMON, STEVEN ERLANGER and CHRISTOPHER SCHUETZE report.

Whether it's Leopards lacking spare parts and not turning on at all, political resistance to sending tanks, or few trainers available to teach Ukrainian soldiers the ropes, the delay underscored how European countries have become woefully unprepared for a land war since World War ll.

There are an estimated 2,000 Leopards across Europe, and Germany and Poland have pledged to send the most tanks, with 18 and 14, respectively. But when those tanks go to battle and are damaged or hit, European officials say it remains unclear which Leopard models — or which countries — will replace them. Part of the hesitancy to provide the tanks, officials say in private, is because of the rude awakening at how difficult that would be for many of the European countries.

MILLEY IN EUROPE, AFRICA: Joint Chiefs Chair Gen. MARK MILLEY is on the road again, this time traveling to Europe and Africa, our own LARA SELIGMAN writes in.

On Monday, the chair met with African chiefs of defense in Rome, including Niger Armed Forces Chief of Defense Maj. Gen. SALIFOU MODY and Chief of Staff of the Egyptian Armed Forces Lt. Gen. MOHAMED ASKAR. Later this week he will travel to Morocco, Germany, Spain and other undisclosed locations, his spokesperson, Col. DAVE BUTLER, told Lara.

This trip marks the first time in eight years that a U.S. chief of defense has visited the continent, and it was important to Milley to make the trip, Butler said.

“In Africa, non-state actors seek to destabilize nations and undermine rule of law. Terrorism continues to be a scourge across the continent, from al-Shabaab in Somalia to al-Qaida and ISIS in the Sahel,” Butler said in a statement, noting that Africa is home to 1.5 billion people, and is a $3.4 trillion market with six strategic waterways through which one-third of global trade transits.

Over the week-long trip, Milley will also meet with international partners and Ukrainian troops in Germany, where he’ll discuss. In Spain, he will meet with U.S. service members. He will also visit troops on the U.S.S. Roosevelt, many of whom recently returned from operations in Europe.

AMERICAN KILLED IN WEST BANK: A U.S. citizen was fatally shot in the West Bank city of Jericho on Monday.

The American, whose name was not released, was killed when a Palestinian gunman opened fire, just hours after Israel announced it would send hundreds of more troops to the area, CBS News’ HALEY OTT reports. That was in response to another Palestinian gunman killing two Israeli brothers on Sunday, causing settlers to rampage a Palestinian town afterward.

"We condemn the horrific killing of two Israeli brothers near Nablus, and the killing today of an Israeli near Jericho who we understand was also an American citizen," State Department spokesperson NED PRICE said during a briefing.

IT’S TUESDAY: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at [email protected] and [email protected], and follow us on Twitter at @alexbward and @mattberg33.

While you’re at it, follow the rest of POLITICO’s national security team: @nahaltoosi, @woodruffbets, @politicoryan, @PhelimKine, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @magmill95, @johnnysaks130, @ErinBanco and @Lawrence_Ukenye.

CLASSIFIED DOC BRIEFING: Members of the Gang of Eight are set to receive a briefing on Tuesday at 4 p.m. about the classified documents from President JOE BIDEN, former President DONALD TRUMP and former Vice President MIKE PENCE, ABC News’ KATHERINE FAULDERS, TRISH TURNER and ALLISON PECORIN report.

Trump is the only member of the trio to officially declare a presidential run, while Pence and Biden are widely expected to announce 2024 bids.

Senators in the Gang of Eight include Warner, along with MARCO RUBIO (R-Fla.), Majority Leader CHUCK SCHUMER and MITCH MCCONNELL (R-Ky.). Representatives include Speaker KEVIN MCCARTHY, HAKEEM JEFFRIES (D-N.Y.), MIKE TURNER (R-Ohio) and JIM HIMES (D-Conn.).

FEELING CHIPPER: The Pentagon will have secure access to top semiconductors made at domestic facilities that receive funding from the Chips Act, Commerce Secretary GINA RAIMONDOtold the Wall Street Journal’s YUKA HAYASHI.

The investment ensures that the military will have access to the semiconductors it needs to build modern weapons systems while also cutting reliance on imported chips. More than 90 percent of the United States’ advanced chips come from Taiwan, which is “a national security vulnerability that is untenable,” Raimondo said.

“Every single piece of sophisticated military equipment, every drone, every satellite, relies on semiconductor chips,” she said, adding that Commerce officials will hear input from Defense Secretary LLOYD AUSTIN and others this week as the program kicks off.

SPACE HQ CONCERNS: Colorado senators are pushing the Biden administration to reverse Trump’s decision to relocate U.S. Space Command headquarters to Alabama, our own CONNOR O’BRIEN and LEE HUDSON report.

Colorado Democratic Sens. MICHAEL BENNET and JOHN HICKENLOOPER have rejected Pentagon nominees and threatened to hold up more of Biden’s picks if the headquarters doesn’t stay in their state, where it’s temporarily located.

The debate has taken on added significance in light of new abortion restriction, which may leave servicemembers with fewer reproductive rights if forced to move states. If Biden decides to cancel the base’s relocation, it could open up additional challenges for a decision many would view as purely political.

‘NO SIGNS OF DIVERSION': Top Pentagon officials expressed confidence at a hearing Tuesday that weapons being sent to Ukraine are being used for their desired purpose and aren't being smuggled to the black market, a major concern among opponents of further aid to Kyiv, Connor also reports.

Pentagon policy chief COLIN KAHL told the House Armed Services Committee during a hearing on military support to Ukraine that DoD has "seen no signs of diversion" of equipment.

"Our assessment is, if some of these systems have been diverted, it's by Russians who have captured things on the battlefield, which always happens, but that there's no evidence the Ukrainians are diverting it to the black market,” Kahl told lawmakers.

The session is the first public hearing devoted to U.S. military support to Ukraine. House Armed Services Chair MIKE ROGERS (R-Ala.) says he wants to intensify high-level public oversight of aid to show that weapons and equipment are going where they're intended, and help tamp down calls to shut off aid.

Also testifying was Pentagon Inspector General ROBERT STORCH. The watchdog was pressed on whether his office has found instances of sensitive weapons, such as Stinger anti-aircraft missiles, being lost or diverted.

"We have not substantiated any such instances," Storch said.

NEW AMBASSADOR?: A pair of New York lawmakers want to create a dedicated ambassador post tasked with advancing the Abraham Accords at the State Department.

Democratic Rep. RITCHIE TORRES and Republican Rep. MIKE LAWLER will introduce a bill that would create a special envoy tasked with leading and coordinating efforts to strengthen the Arab-Israeli normalization agreements, Jewish Insider’s MARC ROD reports.

PRIMETIME HEARING: The House’s GOP-led China committee is set to hold its first hearing Tuesday night at 7 p.m. what will be the panel's first opportunity to debut ways they plan to strengthen Washington’s hand against Beijing, our friends in Morning Defense (for Pros!) report.

The Select Committee on Strategic Competition Between the U.S. and the Chinese Communist Party will examine the military and economic challenges posed by China.

"Answering that basic question about why should someone in any part of America care about the threat posed by the CCP is in some ways our most important task and our biggest challenge," Rep. MIKE GALLAGHER (R-Wisc.), who chairs the committee, told MD.

Former national security adviser H.R. McMASTER and former deputy national security adviser MATTHEW POTTINGER are expected to testify, highlighting how GOP lawmakers may use the hearings to portray the White House’s efforts to counter China as insufficient in comparison to the Trump administration.

‘HUNGRY SHARK’: Ahead of the China hearing, our friends over at Playbook got their hands on an excerpt from Pottinger’s testimony.

Rather than think of the Chinese Community Party as a “romantic partner who has been wronged,” China should be likened to a hungry shark that will keep eating until its nose bumps into a metal barrier. Sharks aren’t responsive to mood music,” the excerpt reads.

“But nor do they take it personally when they see divers building a shark cage. For them it’s just business. It’s what they do. The more resolutely and unapologetically we take steps to defend our national security, the more that boundaries will be respected and the more stable the balance of power is likely to be. … It does us little good to repeat again and again that we aren’t seeking a new Cold War when the CCP has been stealthily waging one against us for years.”

— HANSEN MAK is now director of budget review and assessment at the White House’s Office of the National Cyber Director. He most recently was deputy assistant director for regional planning and program design at the Defense Security Cooperation Agency.

— ALLISON JASLOW has been named the next CEO of Iraq and Afghanistan Veterans of America. Jaslow was previously IAVA's executive director and chief of staff to former Rep. CHERIBUSTOS (D-Ill.).

— PAUL LETTOW has joined the American Enterprise Institute as a senior fellow, focusing on strategic competition with China and Russia. He previously served as the senior director for strategic planning on the National Security Council.

— RYAN GRAVES, POLITICO: We Have a Real UFO Problem. And It’s Not Balloons

— YUVAL NOAH HARARI, The Washington Post: A Disaster for Democracy Looms in Israel

— ELAINE McCUSKER, RealClear Defense: Fixing America’s Defense Budget

— Georgetown University Center for Security Studies, 8 a.m.: The All-Volunteer Force at 50: Civil-Military Challenges and Opportunities

— National Defense Industrial Association, 8:30 a.m.: 2023 Human Systems Conference

— The Henry L. Stimson Center, 8:30 a.m.:Rethinking Accountability in the US Security Sector

— The Center for Strategic and International Studies, 9:30 a.m.:Military Deterrence in an Era of Strategic Competition: A Conversation with CHRISTINE WORMUTH

— Washington Post Live, 9:30 a.m.:"World Stage: Ukraine”

— The Center for Strategic and International Studies, 10 a.m.:The Humanitarian Dilemma in Afghanistan

— The United States Institute of Peace, 10 a.m.: One Year Later: Russia's War Against Ukraine

— The Atlantic Council, 11 a.m.:Aggressor on the UN Security Council: What does it mean for the world?

— The U.S. Navy Memorial, 1 p.m.:SITREP Speaker Series: Vice Adm. JOHN MUSTIN

— The Government Executive Media Group, 2 p.m.: What’s Next for Combat Aircraft in 2023?

— The Center for a New American Security, 2 p.m.:Deepening Defense Integration with Allies and Partners

— The International Institute for Strategic Studies, 4:30 p.m.:US-China tensions: New implications for the Indo-Pacific

Thanks to our editor, Heidi Vogt, who would vote against reauthorizing this newsletter.

We also thank our producer, Kierra Frazier, who believes this newsletter is critical to national security.