FISA spy powers are almost certain to expire after Congress fails to act
[June 12, 2026]
By MARY CLARE JALONICK, LISA MASCARO and SEUNG MIN KIM
WASHINGTON (AP) — A key surveillance tool that allows the United States
to collect intelligence abroad appears certain to expire after Congress
on Thursday failed to temporarily extend the program, in a protest of
President Donald Trump 's temporary pick to head the nation's
intelligence agencies.
Trump had doubled down on his choice of Bill Pulte for acting director
of national intelligence, even though the federal housing finance
regulator has little experience for the job. Democrats said they would
not support the renewal of Section 702 of the Foreign Intelligence
Surveillance Act, known as FISA, unless the Republican president
withdrew Pulte's appointment and nominated a permanent replacement as
director of national intelligence.
The House vote collapsed in bipartisan fashion, with 19 Republicans and
nearly all Democrats rejecting the temporary measure, 198-218. The
Senate tried to approve its own versions, but also failed, dimming the
chances to prevent what could be rare lapse of spy powers. The law
expires Friday at midnight.
After those votes, Trump announced he was tapping Jay Clayton, a U.S.
attorney who previously served as chairman of the Securities and
Exchange Commission, as his permanent pick as intelligence director. But
the president’s move did not seem able to break the standoff over Pulte
before the deadline.
Senate Minority Leader Chuck Schumer, when asked about Clayton, said,
“Pulte has to go.”
“He cannot be in the DNI role,” said Schumer, D-N.Y. “It’s too
important.”
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. While the provision has expired briefly before, this
would be the first lengthy lapse, at a time when the U.S. and Iran have
been engaged in missile strikes that are testing a fragile ceasefire in
the war.
A lapse would not automatically deprive the government’s authority to
conduct surveillance, but could open the door to court challenges of the
program. That could lead to stale intelligence, lawmakers said,
including the type of information included in the president’s daily
briefing.
“We have done everything we possibly can,” said House Speaker Mike
Johnson, who blamed Democrats for the breakdown and said he would not be
recalling lawmakers back to Washington as they left for a weeklong
recess. “It is detestable, it is dangerous, it is going to jeopardize
the security of the American people.”
Democrats said Trump and the Republicans are the ones putting national
security at risk by installing Pulte to the job. Democratic leader
Hakeem Jeffries of New York said Pulte has “weaponized” his position in
the federal government to go after Trump's critics.
Jeffries said it was a window into the White House's thinking that Trump
“could put Bill Pulte forward and the country wouldn’t react adversely
to it.” He said the president must ”come to the table and demonstrate
leadership so we can reopen good faith negotiations about how best to
extend surveillance authority.”
Trump has said he wants Pulte to begin downsizing intelligence agencies.
GOP leaders lobby the White House, to no avail
Congressional Republicans have lobbied Trump all week to quickly
nominate a permanent replacement.
Senate Majority Leader John Thune, R-S.D., said Republican leaders had
“made our views known” to the White House. But on Thursday he blamed
Democrats for the FISA impasse. "This critical tool is set to go dark on
Friday, and what the consequences of that will be, we cannot predict,”
he said.
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Director of the Federal Housing Finance Agency Bill Pulte, speaks to
reporters at the White House, July 24, 2025, in Washington. (AP
Photo/Julia Demaree Nikhinson, File)
Thune praised Trump's choice of Clayton and said the Senate could
move “fairly quickly” to confirm him.
Trump had said he was interviewing five candidates for intelligence
director after the resignation of Tulsi Gabbard but he wouldn’t let
Democrats “extort us” over the pick.
The president wants Pulte to serve in a "sort of renovation role,”
Johnson said, 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 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; Sen. Adam Schiff, D-Calif.; and
Lisa Cook, a board member of the Federal Reserve.
Himes also welcomed Trump's pick of Clayton as a “terrific DNI,”
saying had he been nominated earlier, “lots of pain might have been
avoided.”
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.
“Let me be clear -– while I am glad to see the president finally
come to his senses, before the Senate can take up a FISA extension
there needs to be a clear guarantee that Mr. Pulte will not serve as
acting DNI,” Warner said in a statement.
Warner said either Gabbard must remain in place or the
administration must designate her Senate-confirmed principal deputy,
Aaron Lukas, as the acting head through any transition.
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 to prepare “for
a potential significant gap in foreign intelligence collection.”
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Associated Press reporters Joey Cappelletti, Kevin Freking and Eric
Tucker contributed to this report.
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