President Donald Trump has asked Congress to pass a short-term extension of a key government surveillance tool before its expiration on Friday — but a controversial Cabinet appointment could put the program in peril.
The House is set to vote on a three-week extension of Section 702 of the Foreign Intelligence Surveillance Act on Thursday, delaying the deadline to July 2. The bill will be put on the floor under suspension of the rules, meaning it will require two-thirds approval to pass.
The program is scheduled to expire after midnight on Friday, which intelligence officials warn would cause major gaps in data collection and threaten national security. The FISA program is a decades-old law that allows intelligence agencies to collect communications of foreign targets located outside the United States without needing a traditional warrant.
Although lawmakers were close on a bipartisan deal to reauthorize the program last week, progress stalled on the agreement after Trump tapped Bill Pulte as the acting director of national intelligence — a pick that was met with skepticism by both Republicans and Democrats. As a result, Democrats tanked a procedural vote to advance the FISA reauthorization when it came to the floor on Friday.
Pulte is set to take over as acting director on June 19, replacing Tulsi Gabbard, who announced her retirement last month. In the meantime, Trump said he is searching for a permanent replacement — something Republican leaders in Congress are pushing for to ensure FISA talks can restart.
“We’re encouraging it, at least I am,” Senate Majority Leader John Thune, R-S.D., told reporters on Tuesday. “I think that getting some certainty and closure on that issue about who that might be will certainly play an important role in unlocking the support that we need to get FISA done.”
House Speaker Mike Johnson, R-La., went to the White House on Wednesday to talk with Trump about searching for a permanent replacement, which he said was a “good faith gesture” from the president. Johnson told reporters after the meeting that Congress should be able to pass a short-term extension before the deadline — but Republican leaders say it will be up to Democrats to accept that offer.
Some Democrats in the House and Senate say they won’t renew the program until Pulte’s nomination is pulled.
“I don’t see how you get the necessary Democrat votes … that would get them to 60,” Virginia Democratic Sen. Mark Warner, vice chair of the Senate Intelligence Committee, said last week, referring to the 60-vote filibuster needed for most legislation.
In the meantime, Trump requested lawmakers to pass a short-term extension to buy more time for negotiations — all while digging in his heels about Pulte’s appointment.
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations. If nothing is done, this important Law will expire this week,” Trump said in a post on Truth Social. “I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency. I would like to thank Director Pulte for his time and commitment.”
Accepting that short-term extension could be easier said than done. The 60-vote threshold in the Senate will still be required, meaning at least seven Democrats would need to side with Republicans to pass.
Some Senate Democrats have hinted they won’t back a temporary extension until Pulte is removed — even if it means the program pausing, which they say would be Trump’s fault.
“I think the president was presented with options that would have been acceptable, and God forbid this goes dark, it’s totally the responsibility of Donald Trump,” Warner said.