The measure, which sought a three-week extension, required a two-thirds majority to pass under the fast-track procedure used.
It failed to reach even a simple majority, with 198 members voting in favor and 218 voting against. Speaker Mike Johnson was unable to secure enough support from his own party and Democrats to advance the legislation.
Section 702 is set to expire at 11:59 p.m. Friday unless Congress acts. The provision allows the government to collect communications of non-U.S. persons located outside the country without individual warrants.
Intelligence officials have described it as a critical tool for tracking terrorists, foreign adversaries, and other national security threats, though civil liberties groups have long criticized it over incidental collection of Americans’ data.
Also Read: Why Trump Wants Acting Intel Chief Bill Pulte to Fire Intelligence Community Employees
The vote reflects growing opposition in Congress to President Donald Trump’s decision to appoint Bill Pulte, the federal housing regulator, as acting director of national intelligence.
Lawmakers from both parties have pushed back against the move, stalling negotiations on the FISA extension.
“There’s really not a negotiation until the president backs away from Bill Pulte,” Rep. Jim Himes, D-Conn., the ranking member of the House Intelligence Committee, told Punchbowl News. “And that is a near-unanimous belief in this building. That is not a Democratic thing.”
Pulte’s selection has drawn scrutiny because of his background in housing finance rather than intelligence. Most Democrats argue the appointment undermines the independence and expertise required for the role overseeing the nation’s 18 intelligence agencies.
Also Read: Pulte Intel Pick: Trump Refuses to Back Down as Congress Mounts Rare Revolt Over Spy Powers
Supporters of the president maintain he has the authority to make such interim appointments.
The House Intelligence Committee had been working on longer-term reforms to Section 702, but those efforts have been sidelined by the dispute over leadership at the Office of the Director of National Intelligence.
Without an extension, agencies will lose access to a key stream of foreign intelligence collection after Friday.
Section 702 has been renewed multiple times since its creation in the wake of the 9/11 attacks, most recently with reforms aimed at tightening oversight of queries involving U.S. persons.
Trump has defended his personnel choices, arguing they bring fresh perspectives to government agencies. Pulte previously served in roles focused on housing policy and has ties to Trump’s circle.
The intelligence community continues operations under existing authorities, but officials have signaled that collection under Section 702 will cease without congressional approval. Temporary extensions have been used in prior disputes, but the current impasse appears deeper.
Lawmakers are expected to continue discussions Friday as the clock runs down.
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