House rejects last-ditch FISA extension ahead of Friday deadline
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House Speaker Mike Johnson at the Capitol on May 20. Photo: Kevin Dietsch/Getty Images
The House rejected a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act on Thursday, putting the government's foreign surveillance authority on track to expire.
Why it matters: A standoff over President Trump's decision to install Bill Pulte as acting director of national intelligence has jeopardized what lawmakers in both parties consider one of the government's most important intelligence tools.
- The vast majority of House Democrats opposed the extension through July 2, along with a group of conservatives who are upset about a lack of reforms. The vote was 198-218.
- If Congress doesn't act, Section 702 will lapse Friday.
Driving the news: Democrats have refused to back an extension of Section 702 unless Trump reverses his decision to name Pulte as acting DNI.
- Trump said Wednesday on Truth Social that he wants Pulte — who lacks any national security experience — "to execute the immediate and needed downsizing" of the Office of the Director of National Intelligence, he
- "Bill Pulte cannot serve a minute as acting director of national intelligence, and until that elevation is abandoned, there's nothing really to talk about," House Minority Leader Hakeem Jeffries (D-N.Y.) told reporters Wednesday.
Between the lines: Before Trump picked Pulte, GOP lawmakers were close to assembling a bipartisan coalition for a longer-term Section 702 extension.
- Negotiations had been difficult, with lawmakers struggling for months to bridge disagreements over surveillance reforms.
Zoom in: Section 702 feeds more than half of the president's daily briefing and has been credited with helping thwart terror plots and other national-security threats.
- The Foreign Intelligence Surveillance Court re-certified Section 702 procedures through 2027 earlier this year.
- But if Congress fails to renew the underlying statutory authority, intelligence agencies and telecommunications companies will face immediate legal uncertainty over what collection activities may continue.
- The result could be a chaotic and largely untested period for one of the intelligence community's most heavily used authorities.
What they're saying: "It'd be a very dangerous time to allow us to not have that important national security tool," House Speaker Mike Johnson (R-La.) said Wednesday.
- "We have a lot of big events going on around the country right now. We have the FIFA World Cup, we have the American 250 events, Freedom 250 events," the speaker added.
- Rep. Brian Fitzpatrick (R-Pa.) told Axios that Section 702 "is critical to the president's daily brief," adding, "It's the single most important 9/11 commission recommendation that we have, and it's at risk of going dark due to foolishness."
- Fitzpatrick said that while he doesn't support Trump naming Pulte for the role, he "doesn't agree" with Democrats opposing FISA because of it.
The other side: "Section 702 is a critical foreign intelligence authority, but we cannot in good conscience vote for reauthorization without significant reforms to protect both national security and the constitutional privacy rights of Americans," Jeffries, Whip Katherine Clark (D-Mass.), Democratic caucus chair Pete Aguilar (D-Calif.), Intelligence ranking member Jim Himes (D-Conn.) and Judiciary ranking member Jamie Raskin (D-Md.) said in a statement Thursday.
- "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."
What's next: The Senate could try to pass its own short-term extension by unanimous consent, but that would certainly draw objections, leaving the path to preventing a lapse in either chamber unclear.
Editor's note: This story has been corrected to say that a group of conservative Republicans (not dozens) opposed the bill.
