Congress Eyes Short-Term FISA 702 Extension as Pulte DNI Fight Threatens Expiration

The House is set to vote Thursday on a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act, with Speaker Mike Johnson announcing plans to advance a measure that would keep the foreign surveillance program alive through July 2 — just days before its June 12 expiration.

The vote comes amid a deepening partisan standoff over President Donald Trump's selection of Bill Pulte as acting director of national intelligence, a choice that has drawn criticism from members of both parties and prompted Democrats to threaten to withhold support for any FISA extension.

Section 702 allows the government to collect the communications of foreign nationals outside the United States, including when those individuals are in contact with Americans. The law has long drawn scrutiny from civil liberties advocates on both sides of the aisle who warn it can ensnare U.S. citizens in warrantless surveillance.

Johnson said the extension would advance under a procedure requiring Democratic buy-in — a significant hurdle given the current political climate. "We're going to ask every member here to do the right thing by the American people. FISA, let me remind you ... is how we surveil terrorists who are trying to hurt Americans. It is a very important, vital national security tool," Johnson told reporters outside the House chamber Wednesday.

House Minority Leader Hakeem Jeffries, D-N.Y., said he is a "hard no" on the short-term extension. "Many of the national security Democrats who have historically been supportive of continuing the surveillance authority as it currently exists have deep skepticism about moving forward with even a short-term extension as long as Bill Pulte is on track to be the acting director of national intelligence," Jeffries said.

Trump, meanwhile, doubled down on the Pulte appointment in a post on Truth Social Wednesday, saying Pulte would take over as acting DNI on June 19 and that he had asked Pulte "to execute the immediate and needed downsizing of the office, reverting staff to their home agencies." Trump also said he is actively seeking a permanent nominee for the role.

In the same post, Trump accused Democrats of using national security as leverage. "Just like they did on Border Funding, the Radical Left Dumocrats are trying to take our National Security hostage because of unrelated issues. They should stop playing politics with the safety of our Great Country," he wrote.

Trump cited the ongoing FIFA Men's World Cup — with matches being held in the United States, Canada, and Mexico this week — as well as broader national security concerns as reasons for urgency. "FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations," he wrote.

Pulte currently leads the Federal Housing Finance Agency and has used that position to open probes into several of Trump's political opponents over allegations related to mortgage-related wrongdoing. His selection as acting DNI drew swift condemnation, with Sen. Chris Coons, D-Del., calling him "the most incompetent, unqualified, dangerous person to make acting DNI."

Sen. Mark Warner, D-Va., the top Democrat on the Senate Select Committee on Intelligence, placed responsibility for the potential lapse squarely on the administration. "This administration, this president owns it if 702 goes dark, by throwing a live hand grenade into a controversial bill that was on a path to three years of reauthorization," Warner told reporters Wednesday.

Complicating matters further, some Republicans also expressed reservations about a clean extension. Rep. Tim Burchett, R-Tenn., said passage without warrant-related language would be "very tough," adding, "If you don't have a search warrant ... I think it's gonna be problematic for a lot of people."

The Senate had been working toward a three-year reauthorization of Section 702, but that effort stalled last week when seven Republicans joined most Democrats to defeat a procedural vote following the Pulte announcement. With the June 12 deadline approaching and bipartisan opposition still firm, the path to any extension — short-term or otherwise — remains uncertain.