lapse

WASHINGTON — A rare lapse in a law that allows the United States to gather intelligence abroad appears likely after the House failed on Thursday to temporarily extend the program, in a protest of President Trump ‘s refusal to name a permanent head of the nation’s intelligence agencies.

Trump has doubled down on his temporary pick for director of national intelligence, federal housing finance regulator Bill Pulte, even though Pulte has little experience for the job. Democrats say they won’t support the renewal of Section 702 of the Foreign Intelligence Surveillance Act, known as FISA, unless the Republican president withdraws Pulte’s appointment and nominates a permanent replacement.

The House vote collapsed in bipartisan fashion, with some Republicans and nearly all Democrats rejecting the temporary measure, 198-218. The Senate may try its own vote later Thursday, but hopes are dimming to prevent what could be an unprecedented lapse in the surveillance tool. The law expires on Friday at midnight.

The impasse could soon result in limitations on what intelligence the U.S. government can collect abroad just as World Cup games begin in cities around 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 stuck with Pulte as the acting head, rebuffing demands from lawmakers for a more qualified nominee. Trump asked Congress for a short-term extension of the law to “provide time for the selection and confirmation” of a permanent director. He said he wants Pulte to begin downsizing intelligence agencies.

The parties leveled blame for the potential interruption in what has been seen as an essential, if long-debated, surveillance program for keeping the country safe.

“We’re going to ask every member here to do the right thing,” said House Speaker Mike Johnson, R-La. “We cannot allow that to go dark.”

The House Democratic leadership announced its opposition, saying Pulte has no relevant intelligence background, in defiance of 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 said there is a path to reauthorizing FISA, “but it will require enacting meaningful reforms.”

GOP leaders lobby the White House, to no avail

Congressional Republicans have lobbied Trump all week to quickly nominate a permanent replacement. But he said he needs more time to do so.

Senate Majority Leader John Thune, R-S.D., said Republican leaders have “made our views known” to the White House.

Trump has said that he is interviewing five candidates for his pick to lead the agency permanently, after the resignation of Tulsi Gabbard.

Johnson said the president has made it very clear that 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.”

But Democrats on the House Intelligence Committee led by Rep. Jim Himes of Connecticut said in a letter to the president that Pulte is a “uniquely poor choice” to serve even in the acting capacity.

Both Republican and Democratic lawmakers skeptical of Pulte have pointed to his lack of intelligence experience and also his record at the Federal Housing Finance Agency. In the 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; Sen. Adam Schiff, D-Calif.; 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.”

FISA will lapse at midnight Friday

Section 702 of FISA allows 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 wanted to limit the authority, there was broad bipartisan support to renew it, especially after Republicans and Democrats recently worked out a compromise bill.

Virginia Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, has worked with Republicans on the compromise legislation to renew the authority. But he called Pulte’s appointment to replace Gabbard “a live hand grenade” disrupting the process.

Warner said the only way he’ll support a short-term extension of the surveillance law is if the principal deputy director of national intelligence, Aaron Lukas, is the acting leader during the duration of that extension.

Arkansas Sen. Tom Cotton, the chairman of the Senate Intelligence Committee, and Iowa Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, have warned the administration that the spy tool is likely to lapse.

The administration should prepare “for a potential significant gap in foreign intelligence collection,” they wrote in a letter.

Trump doesn’t back down on Pulte

After bipartisan pushback to Pulte’s temporary appointment, Trump said last week that he would not permanently nominate him to the position. But Democrats, and some Republicans, want his appointment pulled immediately and for Trump to nominate a replacement that can be confirmed by the Senate.

On Tuesday, though, Trump announced that Pulte would not only take over as acting director — he’d also start earlier than expected, on June 19.

One of several possible replacements could be Pete Hoekstra, Trump’s ambassador to Canada and a former chairman of the House Intelligence Committee. The White House has reached out to Hoekstra about the job and conversations are ongoing, according to a person familiar with the outreach who requested anonymity to discuss the private conversations.

Jalonick, Mascaro and Kim write for the Associated Press. AP reporters Joey Cappelletti, Kevin Freking and Eric Tucker contributed to this report.

WASHINGTON — Republicans are warning the White House that a critical surveillance authority is likely to lapse this week amid bipartisan backlash over President Trump’s pick to lead the nation’s intelligence community.

Sen. Tom Cotton, the chairman of the Senate Intelligence Committee, and Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, sounded the alarm over the weekend after a failed procedural vote to extend the program.

The senators in a letter urged Secretary of State Marco Rubio to prepare “for a potential significant gap in foreign intelligence collection” if the authority expires. Section 702 of the Foreign Intelligence Surveillance Act, set to lapse June 12, allows agencies including the CIA, National Security Agency and FBI to collect communications from foreign targets overseas without a warrant.

Efforts to secure a long-term extension of the program already faced hurdles because of bipartisan concerns that the program can incidentally collect Americans’ communications. Privacy advocates and some lawmakers have been pushing to create a new warrant requirement before those communications can be searched.

Senate leaders from both parties appeared to be nearing agreement on a long-term extension. But the effort collapsed after Trump selected federal housing finance regulator Bill Pulte to serve as acting director of national intelligence.

“I know how important this tool is. Why the president would throw this live hand grenade of Bill Pulte in 10 days before this is due to expire, I’m not sure,” Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, said on ABC’s “This Week.”

Pulte pick upends bipartisan deal

Early Friday morning, after senators spent the night debating separate immigration legislation, seven Republicans joined nearly all Democrats in blocking a long-term extension of the surveillance authority.

Democrats and several Republicans registered their opposition to Trump’s selection of Pulte, arguing the federal housing finance regulator lacks the experience needed to oversee the nation’s 18 intelligence agencies.

“The naming of Pulte to that position, although the timing arguably wasn’t the best, I still don’t think it ought to derail something that’s this important,” Senate Majority Leader John Thune said.

Thune has expressed concern over Pulte’s pick, saying the nation’s top intelligence post should not be “weaponized” and that the job should be filled by “professionals.” Cotton, who rarely strays from supporting Trump and a leading advocate for the surveillance authority, declined to endorse Pulte, saying only that he had “no observations on the matter.”

“He’s not qualified for the long-term position,” Republican Sen. James Lankford, another member of the Intelligence Committee, told “Fox News Sunday.” “That’s been clear on this. He has no national security background.

Both Republican and Democratic senators skeptical of Pulte pointed to his record at the Federal Housing Finance Agency. In the role, he’s 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; Sen. Adam Schiff, D-Calif.; and Lisa Cook, a board member of the Federal Reserve.

Republicans will need to garner some Democratic support to pass any extension of the surveillance authority in the Senate. But a breakthrough appears difficult so long as Pulte remains in the position, which Trump said last week would only be temporary.

“I don’t see any path to convincing enough Democrats,” Warner said on CNN’s “State of the Union” when asked if renewal was possible with Pulte in the position.

The current reauthorization debate is hardly the first time that lawmakers have grappled with the fate of the surveillance program, particularly after a flurry of revelations about government misuse of the vast trove of intelligence it collects.

The topic in recent years has scrambled predictable partisan alliances, with Democratic critics of the Trump administration uniting with skeptics of government power on the right in voicing concerns about Section 702’s renewal.

In 2024, for instance, those divisions nearly caused the program to lapse. The Senate barely missed its midnight deadline that year before approving by a 60-34 margin legislation to reauthorize Section 702 that was subsequently signed by then-President Joe Biden.

A spokesperson at the Justice Department did not immediately return messages seeking comment Monday about the national security concerns that would be created if the program lapses. The Office of the Director of National Intelligence referred inquiries to the White House, which did not immediately respond to a request for comment.

“America faces real threats from foreign adversaries, terrorists, cyber actors, and hostile intelligence services,” Defense Secretary Pete Hegseth said on social media Sunday. “Section 702 remains one of our nation’s most effective tools for identifying and disrupting those threats before they reach our shores.”

Cotton and Grassley said they believed Democratic leaders would not support another short-term extension of the surveillance authority and urged Rubio to prepare contingency plans. They said Trump should consider an executive order to prevent a disruption in intelligence collection.

Cotton and Warner had said they were close on a bipartisan deal on a long-term extension and could still move quickly should a change occur before Friday. Still, the bill would likely need to go through the House — and the two chambers so far have disagreed on a separate issue regarding central banking digital currency.

“If we go dark next week, right before the World Cup FIFA games, and the 250th anniversary, that would be the most grossly irresponsible thing I’ve seen Congress do in my 22 years in office,” Texas Republican Rep. Michael McCaul said on ABC’s “This Week.”

Cappelletti, Jalonick and Tucker write for the Associated Press.