Senate Declines to Reauthorize FISA Section 702 Without Warrant Requirements

The U.S. Senate voted 52-47 on Friday against a procedural motion to open debate on a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act. The motion required only a simple majority to advance. Seven Republicans joined 45 Democrats in voting no.

The seven Republicans were Sens. Josh Hawley, Eric Schmitt, John Kennedy, Mike Lee, Rand Paul, Rick Scott and Tommy Tuberville. Sen. John Fetterman was the only Democrat to vote yes.

Section 702 authorizes the collection of foreign communications intercepted over the internet without a court order. The authority is set to lapse on June 12 unless Congress acts. The procedural vote occurred days before that deadline.

The action followed President Trump’s selection of Bill Pulte to serve as acting director of national intelligence. Pulte, 38, is from Florida. He has served as director of the Federal Housing Finance Agency since March 2025 and concurrently as chairman of Fannie Mae and Freddie Mac.

Pulte pushed for the federal government to buy $200 billion in mortgage-backed securities and issued criminal referrals calling on the Justice Department to prosecute various Democrats, including New York Attorney General Letitia James, for mortgage fraud.

In March he sought charges against James for allegedly lying on mortgage insurance forms.

President Trump said of Pulte: “He’s very smart. He’s a person that has got high integrity. He’s done a phenomenal job at Fannie Mae and Freddie Mac.”

Outgoing DNI Tulsi Gabbard will vacate the position on June 30. During Trump’s first term, Ric Grenell served as acting DNI between February and May 2020 before John Ratcliffe replaced him. John Ratcliffe now serves as CIA director. Ric Grenell had spent two years as ambassador to Germany before serving as acting DNI.

Sen. Rick Scott stated that he voted against the extension because he wants warrants required to protect constitutional liberties and the Fourth Amendment. “I’ve been surveilled by the government multiple times, along with so many other Americans. We can’t give the swamp unchecked power to spy on law-abiding Americans.