WASHINGTON — Republicans are warning the White House that a critical surveillance authority is likely to lapse this week amid bipartisan backlash over President Donald Trump’s pick to lead the nation’s intelligence community.
Sen. Tom Cotton , the chairman of the Senate Intelligence Committee, and Sen. Chuck Grassley , chairman of the Senate Judiciary Committee, sounded the alarm over the weekend after a failed procedural vote to extend the program.
The senators in a letter urged Secretary of State Marco Rubio to prepare “for a potential significant gap in foreign intelligence collection” if the authority expires. Section 702 of the Foreign Intelligence Surveillance Act , set to lapse June 12, allows agencies including the CIA, National Security Agency and FBI to collect communications from foreign targets overseas without a warrant.
“We have a deadline ahead of us. We need Democrat votes,” Senate Majority Leader John Thune said Monday.
Efforts to secure a long-term extension of the program already faced hurdles because of bipartisan concerns that the program can incidentally collect Americans’ communications. Privacy advocates and some lawmakers have been pushing to create a new warrant requirement before those communications can be searched.
Senate leaders from both parties appeared to be nearing agreement on a long-term extension. But the effort collapsed after Trump selected federal housing finance regulator Bill Pulte to serve as acting director of national intelligence.
“Why the president would throw this live hand grenade of Bill Pulte in 10 days before this is due to expire, I’m not sure,” Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, said on ABC’s “This Week.”
Pulte pick upends bipartisan deal
Early Friday morning, after senators spent the night debating separate immigration legislation, seven Republicans joined nearly all Democrats in blocking a long-term extension of the surveillance authority.
Democrats and several Republicans registered their opposition to Trump’s selection of Pulte, arguing the federal housing finance regulator lacks the experience needed to oversee the nation’s 18 intelligence agencies.
“The naming of Pulte to that position, although the timing arguably wasn’t the best, I still don’t think it ought to derail something that’s this important,” Thune said Friday.
Thune has expressed concern over Pulte’s pick, saying the nation’s top intelligence post should not be “weaponized” and that the job should be filled by “professionals.” Cotton, who rarely strays from supporting Trump and is a leading advocate for the surveillance authority, declined to endorse Pulte, saying only that he had “no observations on the matter.”
“He’s not qualified for the long-term position,” Republican Sen. James Lankford, another member of the Intelligence Committee, told “Fox News Sunday.” “That’s been clear on this. He has no national security background.”
Both Republican and Democratic senators skeptical of Pulte pointed to his record at the Federal Housing Finance Agency. In the role, he’s 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.
Republicans will need to garner some Democratic support to pass any extension of the surveillance authority in the Senate, and likely the House as well. But a breakthrough appears difficult so long as Pulte remains in the position, which Trump said last week would only be temporary.
“Clearly to get to good-faith negotiations the effort to elevate Bill Pulte as the acting director of national intelligence should be reversed. Immediately,” House Democratic Leader Hakeem Jeffries said.
A key surveillance tool
The current reauthorization debate is hardly the first time that lawmakers have grappled with the fate of the surveillance program, particularly after a flurry of revelations about government misuse of the vast trove of intelligence it collects.
The topic in recent years has scrambled predictable partisan alliances, with Democratic critics of the Trump administration uniting with skeptics of government power on the right in voicing concerns about Section 702’s renewal.
In 2024, for instance, those divisions nearly caused the program to lapse. The Senate barely missed its midnight deadline that year before approving by a 60-34 margin legislation to reauthorize Section 702 that was subsequently signed by then-President Joe Biden.
A spokesperson at the Justice Department did not immediately return messages seeking comment Monday about the national security concerns that would be created if the program lapses. The Office of the Director of National Intelligence referred inquiries to the White House, which did not immediately respond to a request for comment.
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