A critical U.S. intelligence gathering program is on the brink of lapsing after the House of Representatives failed to extend it, a direct consequence of a standoff over President Donald Trump’s controversial pick for the nation’s top intelligence post.
The rare lapse in Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the United States to collect intelligence abroad, appears imminent after a bipartisan protest against Trump’s refusal to name a permanent head of the nation’s intelligence agencies.
Trump has doubled down on his temporary selection for director of national intelligence, Federal Housing Finance Regulator Bill Pulte, despite Pulte possessing little experience for the role.
Democrats have stated they will not support the renewal of Section 702 unless Trump withdraws Pulte’s appointment and nominates a permanent replacement.
The House vote on Thursday collapsed in bipartisan fashion, with some Republicans and nearly all Democrats rejecting the temporary measure by a vote of 198-218.
While the Senate may attempt its own vote later today, hopes are dimming to prevent what could be an unprecedented lapse in this vital surveillance tool. The law is set to expire on Friday at midnight.
This impasse could soon result in significant limitations on the intelligence the U.S. government can collect abroad, occurring just as World Cup games commence in cities across the country and ahead of celebrations for the nation’s 250th anniversary.
“We can’t let them extort us,” Trump said of Democrats.
Trump has remained steadfast in his support for Pulte as the acting head, rebuffing demands from lawmakers for a more qualified nominee.
He had asked Congress for a short-term extension of the law to “provide time for the selection and confirmation” of a permanent director, stating his desire for Pulte to begin downsizing intelligence agencies.
Both parties have leveled blame for the potential interruption in what has been widely regarded as an essential, though long-debated, surveillance program crucial for national security.
“We’re going to ask every member here to do the right thing,” said House Speaker Mike Johnson, a Republican from Louisiana. “We cannot allow that to go dark.”
The House Democratic leadership announced its opposition, citing Pulte’s lack of relevant intelligence background, which they argue defies the law’s requirement for “extensive” national security experience.
“The apparent motivation for his elevation is the demonstrated willingness of Bill Pulte to search government databases for alleged dirt on President Trump’s chosen political enemies,” Democratic leader Hakeem Jeffries of New York and the leadership team said in a joint statement.
They added that a path to reauthorizing FISA exists, “but it will require enacting meaningful reforms.”
Congressional Republicans have lobbied Trump all week to quickly nominate a permanent replacement, but he has maintained he needs more time to do so. Senate Majority Leader John Thune, a Republican from South Dakota, confirmed that Republican leaders have “made our views known” to the White House.
Trump has indicated he is interviewing five candidates for a permanent agency head, following the resignation of Tulsi Gabbard.
Johnson clarified that Trump has made it clear Pulte will serve a “very short term — a sort of renovation role” to help the Office of the Director of National Intelligence be “renovated and downsized.”
However, Democrats on the House Intelligence Committee, led by Representative Jim Himes of Connecticut, wrote in a letter to Trump that Pulte is a “uniquely poor choice” to serve even in an acting capacity.
Both Republican and Democratic lawmakers skeptical of Pulte have highlighted his lack of intelligence experience and his record at the Federal Housing Finance Agency.
In that position, he has been linked with criminal referrals over allegations of mortgage fraud by public officials Trump sought to punish, including New York Attorney General Letitia James, a Democrat; Senator Adam Schiff, a Democrat from California; and Lisa Cook, a board member of the Federal Reserve.
“He has distinguished himself only as someone who will do or say anything to stay in your good graces,” Himes and the other lawmakers wrote, “qualities that are precisely the opposite of what our nation needs.”
Section 702 of FISA permits agencies such as the CIA, National Security Agency, and FBI to collect communications from foreign targets overseas without a warrant.
While members of both parties who cite privacy issues have long sought to limit the authority, there was broad bipartisan support to renew it, especially after Republicans and Democrats recently worked out a compromise bill.
Virginia Senator Mark Warner, the top Democrat on the Senate Intelligence Committee, who has worked with Republicans on compromise legislation to renew the authority, called Pulte’s appointment to replace Gabbard “a live hand grenade” disrupting the process.
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