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 say they will not 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 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 on 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 weeklong recess. “It is detestable, it is dangerous, it is going to jeopardize the security of this country.”

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 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.

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 the resignation of Tulsi Gabbard but that 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 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.

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.”

___

Associated Press reporters Joey Cappelletti, Kevin Freking and Eric Tucker contributed to this report.

Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.