Seven Republican senators voted against extending a warrantless spying tool set to expire on June 12 in a Friday procedural vote.
The procedural vote to renew the Foreign Intelligence Surveillance Act (FISA) section 702, which allows for warrantless surveillance of foreign nationals’ communications data with Americans, failed in a 47 to 52 vote. Republican Sens. Josh Hawley of Missouri, John Kennedy of Louisiana, Mike Lee of Utah, Rand Paul of Kentucky, Rick Scott of Florida, Tommy Tuberville of Alabama and Eric Schmitt of Missouri joined Democrats in voting against it.
Section 702 allows the government to collect and search American citizens’ data without a warrant if they were in contact with targeted noncitizens located outside of the U.S. It facilitates tracking foreign intelligence, cyber threats and terrorism, which often collect Americans’ data in the process.
Lee stated that the reauthorization failed to pass because it did not require the government to obtain a warrant before spying on Americans.
“FISA 702 reauthorization failed because it did not contain a warrant requirement for spying on Americans. The people who spied on the Trump campaign, Members of Congress, and countless other Americans hate the idea. Come back with warrant requirement, and we’ll pass the bill,” Lee said.
FISA 702 reauthorization failed because it did not contain a warrant requirement for spying on Americans.
The people who spied on the Trump campaign, Members of Congress, and countless other Americans hate the idea.
Come back with warrant requirement, and we’ll pass the bill. https://t.co/qML5Jq2rqR pic.twitter.com/ceG8bhGMFV
Should the government reauthorize warrantless surveillance under FISA section 702?— Mike Lee (@SenMikeLee) June 5, 2026
President Donald Trump appointing Federal Housing Finance Agency chief Bill Pulte to temporarily serve as the director of national intelligence sparked backlash from both sides of the aisle. Democratic Virginia Sen. Mark Warner, vice chair of the Senate Intelligence Committee, told MS Now that Democrats would not support extending surveillance authorities with Pulte in charge.
Democratic Pennsylvania Sen. John Fetterman was the only Democrat to vote in favor of the motion.
The House passed a 45-day extension of Section 702 in a 261 to 111 vote on April 30. Republican Reps. Thomas Massie of Kentucky and Lauren Boebert of Colorado introduced the “Surveillance Accountability Act” on April 23, which would require federal law enforcement to show probable cause before accessing Americans’ private digital data.
Trump called for the passage of FISA section 702 in an April 15 statement, though he spent years opposing the program until the lead up to the Iran war. Weeks before the U.S. entered the conflict on Feb. 28, administration officials arranged a meeting with lawmakers in early February to promote FISA programs without changes.
In 2024, Trump called on Republicans to “KILL FISA” because it was used illegally to spy on his campaign. A Department of Justice inspector general’s report found “significant inaccuracies” in the FBI applications for FISA warrants against a Trump campaign adviser, and the DOJ later conceded that two of the four orders were invalid.
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