The House on Thursday rejected a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act, leaving the surveillance authority set to expire Friday.
The measure would have extended the deadline to July 2. It failed 198-218 after House Speaker Mike Johnson, a Louisiana Republican, brought it up under a fast-track process requiring a two-thirds majority.
President Donald Trump disrupted a bipartisan effort to renew Section 702 for three years when he announced last week that he would appoint housing regulator Bill Pulte as acting director of national intelligence, a post that oversees U.S. spy agencies.
Democrats said they would not support renewal with Pulte leading the Office of the Director of National Intelligence. They cited his lack of national security experience and his tenure at the Federal Housing Finance Agency, where he accused several Trump critics of mortgage fraud. Some Republicans also objected.
House Democratic leaders said before the vote that Pulte’s appointment was in “defiance” of the law requiring the intelligence chief to have national security experience and that they “cannot in good conscience vote for reauthorization without significant reforms” to the Foreign Intelligence Surveillance Act.
Even before Pulte’s appointment, long-term renewal talks had stalled in the House and Senate over concerns from lawmakers across the political spectrum, including warrantless surveillance of Americans. Section 702 allows the government to collect communications of noncitizens outside the U.S. without a warrant, though it can also capture communications involving Americans who are in contact with targeted foreigners.
After meeting with Johnson, Trump asked Congress on Wednesday to pass a short-term extension to “provide time for the selection and confirmation” of a permanent intelligence chief. He said Tuesday, “I think the Democrats need to take that and at least allow us a short-term extension on FISA.”
Senate Majority Leader John Thune, a South Dakota Republican, said Tuesday that a permanent nominee would “play an important role in unlocking the support that we need to get FISA done.”
Rep. Rick Crawford, an Arkansas Republican who chairs the House Intelligence Committee, said a lapse would be “uncharted territory.” Rep. Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, said current surveillance activities and authorizations would continue after Friday, “at least through March 17, 2027.”