- Congress rejected a short-term extension of foreign surveillance powers on Thursday.
- The rejection comes over a standoff of President Donald Trump's selection of Bill Pulte as acting director of national intelligence.
- Intelligence agencies risk losing authority to collect foreign data without judicial warrants.
WASHINGTON — Congress on Thursday rejected a short-term extension of foreign surveillance powers sought by President Donald Trump, deepening a political standoff over his selection of an inexperienced loyalist to serve as the top spy chief.
With surveillance authority due to expire after midnight on Friday, the House of Representatives voted 218-198 to reject a measure that would have extended the spying powers until July 2. Nineteen Republicans joined most Democrats to oppose the measure. Seven Democrats voted for the extension.
Senate Republicans and Democrats later sought unanimous consent for rival partisan measures to extend the law, only to be blocked by objections from the other side. Similar partisan efforts also failed in the Senate on Wednesday.
Republican leaders had sought to extend the program for three weeks to give Trump time to find a permanent replacement for mortgage regulator Bill Pulte, whom Trump picked to serve as acting director of national intelligence. Trump called for the short-term extension on Wednesday.
Trump announced his nomination of federal prosecutor Jay Clayton as permanent director of national intelligence as House and Senate lawmakers left Washington for the week. Senate Majority Leader John Thune welcomed the selection, describing Clayton as "obviously incredibly capable and competent."
But with Pulte still in place, there was no sign that the choice would lead to a breakthrough on spying powers.
"Pulte's got to go," Senate Democratic Leader Chuck Schumer told reporters as he left the Capitol. "He cannot be there — no ands, ifs or buts — no matter what else they do."
Democrats reject Pulte nomination
Pulte's appointment has sparked outrage from Democrats and some Republicans over his lack of experience, with Democrats vowing to shun efforts to extend Section 702 of the Foreign Intelligence Surveillance Act. Some Republicans have also rejected an extension, saying the law lacks protections for U.S. citizens, including warrant requirements.
"It is shameful, and it is very, very dangerous," an angry House Speaker Mike Johnson told reporters after the failed House vote, which he blamed entirely on Democrats. "We did everything in our power to try to ensure that this statute does not expire," the Louisiana Republican added.
Johnson rejected a suggestion that Trump should immediately replace Pulte with a more experienced candidate to break the deadlock and gain support for a FISA extension from Democrats, saying Pulte's appointment would last only for a short time.
House Democratic Leader Hakeem Jeffries of New York shot back: "If there's no reason to pull Bill Pulte, according to Speaker Johnson, because he only will be there for a short period of time, that's the reason to pull Bill Pulte."
Democrats contend that Trump picked Pulte, a federal mortgage regulator, because of his willingness to use confidential data to push mortgage fraud probes of the president's perceived enemies.
Pulte is due to replace outgoing Director of National Intelligence Tulsi Gabbard on June 19 and remain until a permanent replacement can be confirmed by the Senate.
Sen. Mark Warner of Virginia, top Democrat on the Senate Intelligence Committee, said Democrats worked with Republican leaders and administration officials on options that included replacing Pulte as acting director with Senate-confirmed intelligence officials or extending the date of Gabbard's departure.
"We've all been on the same page," Warner told reporters. But Trump rejected the options, he said.
Intelligence agencies face limbo
Members of the House and Senate left Washington later on Thursday, raising the odds that U.S. intelligence agencies will lose legal authority to collect emails, texts and cellphone data of foreigners believed to be located outside the United States without individual judicial warrants.
FISA advocates in Congress have warned that the loss of legal authority could jeopardize U.S. national security at a time when the U.S. is at war with Iran and co-hosting the World Cup with Canada and Mexico.
Experts say federal authorities may still be able to query Americans' data under Section 702, even if the authority expires, because the program operates under yearlong certifications last renewed in March.
Some lawmakers have said telecommunications companies may be reluctant to provide information without clear reauthorization. But experts at the nonpartisan Brennan Center for Justice say those companies would still face heavy federal fines for failure to comply with lawful requests.
Contributing: Richard Cowan
