/ CBS/AP
Washington — The Senate on Friday blocked an extension of a key warrantless surveillance program used by U.S. intelligence agencies, meaning Section 702 of the Foreign Intelligence Surveillance Act will expire on June 12 without further intervention.
Seven Republicans joined Democrats in the 47-52 vote against a procedural motion that would have set up a final vote on the extension next week. The vote comes amid concerns over President Trump's controversial pick of federal housing finance regulator Bill Pulte to serve as acting director of national intelligence.
But a key objection from Republicans who blocked the reauthorization is that the law can be used to spy on Americans without a warrant. The seven Republicans who voted with Democrats were Sens. Josh Hawley of Missouri, Mike Lee of Utah, Rand Paul of Kentucky, Eric Schmitt of Missouri, Rick Scott of Florida, John Kennedy of Louisiana and Tommy Tuberville of Alabama. Democratic Sen. John Fetterman was the only Democrat who voted to move ahead with the reauthorization vote.
"No warrant to protect Americans? No FISA," Lee posted on X.
Senate Majority Leader John Thune said following the vote that the Senate "will take another run at it" next week but that Democrats' opposition is a "terribly irresponsible position," even though some of the conservatives in his conference voted with Democrats.
"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.
Democratic Sen. Ron Wyden of Oregon, a longtime critic of the surveillance system, said the bipartisan vote was proof that "reform efforts transcend red and blue."
"It's a message that Americans aren't going to stand for law-abiding people being spied on," Wyden told The Associated Press.
The vote marked the latest setback for Mr. Trump and intelligence officials, who have spent months pushing to extend a key provision of FISA that allows agencies such as the CIA, National Security Agency and FBI to collect communications from foreign targets without a warrant.
Concerns that the program can incidentally sweep up Americans' communications left Republican leaders only able to pass short-term extensions while negotiations continued. Critics wanted a warrant requirement when those communications are accessed.
Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee who had worked to negotiate the bill, voted against it. He said earlier Thursday that he and committee Chair Sen. Tom Cotton had reached what he described as a "compromise" on a "strong bill," but that the "complete irresponsibility of putting forward" Pulte had changed the equation.
Pulte has seen pushback to his appointment from both Democrats and Republicans for his lack of experience and past controversies. Thune said the position shouldn't be "weaponized" and the office should be led by "professionals."
"Does anybody think it makes good sense to give him the keys to the 18 intelligence agencies?" Warner said.
Mr. Trump on Thursday said Pulte would not be his "permanent" choice for the critical security post. But the president may not have helped his case for Pulte's appointment when he said he may investigate "rigged elections." Tulsi Gabbard, the outgoing director, raised eyebrows even among Republicans when she joined an FBI search of an election center in Fulton County, Georgia, earlier this year.
"It's an acting position, it's not permanent, he's not going to be permanent because, you know, I don't think he'd want to be permanent," Mr. Trump said in the Oval Office. "But he's a very smart guy and he may find out some things about the rigged elections, etc., etc. I think he'd like to do it. I'd like to — I think he wants to do it very much. Got a lot of energy. But he'll be very good. Again, it's not a permanent position. We're looking at, we're interviewing people right now. But it's somebody just to take it over for a little while."
The Senate is expected to revisit the legislation when lawmakers return next week.
Any agreement would still need to clear the chamber's 60-vote threshold before heading to the House, where lawmakers have yet to resolve differences over a provision restricting a central bank digital currency that House Republican leaders added to secure support for the bill.
