The Senate Blocked Warrantless Surveillance Renewal. The Reason Was Bill Pulte.

A Surveillance Law Failed Because of Who Would Run It

On June 5, the Senate voted 47-52 to block reauthorization of Section 702 of the Foreign Intelligence Surveillance Act. Seven Republicans joined nearly every Democrat to kill the bill. Section 702 expires June 12.

The law lets U.S. intelligence agencies monitor emails, texts, and calls of foreigners located outside the United States without individual warrants. It has operated since 2008 and currently covers 349,823 foreign targets. Intelligence officials say 60% of the President’s Daily Brief relies on Section 702 data.

The vote failed for two separate reasons that converged on the same outcome.

Democrats Drew a Line at Bill Pulte

Three days before the vote, Trump appointed Bill Pulte as acting Director of National Intelligence, replacing Tulsi Gabbard. Pulte is the 38-year-old grandson of a homebuilding magnate. He has no intelligence experience and never held a security clearance before the appointment.

At his previous post running the Federal Housing Finance Agency, Pulte sent criminal referrals to the Justice Department alleging mortgage fraud by Sen. Adam Schiff, Rep. Eric Swalwell, New York AG Letitia James, and Federal Reserve Governor Lisa Cook. He made the referrals personally, bypassing agency investigators, and promoted the allegations more than 30 times on social media. No criminal charges have been brought against any of them. The GAO launched a formal investigation into whether Pulte misused federal authority to target political enemies.

Democrats warned they would not reauthorize the government’s most powerful surveillance tool while a loyalist with a documented pattern of weaponizing data sat in the chair that controls it.

Trump’s own words reinforced those fears. In a Wall Street Journal interview on the day of the vote, he said Pulte’s interim status makes him “less shackled” and gives him “more power, you know, for a somewhat limited period of time.” He said he wants Pulte to release classified documents related to the 2020 election.

Seven Republicans Wanted a Warrant Requirement

The other coalition that killed the bill had a different demand. Sens. Josh Hawley, Mike Lee, Rand Paul, Eric Schmitt, Rick Scott, John Kennedy, and Tommy Tuberville voted no because the reauthorization did not require a warrant before the government searches Americans’ communications.

This is not a hypothetical concern. When foreign targets’ communications are collected, Americans’ emails and calls get swept up alongside them. The FBI can then search that data using an American’s name, email, or phone number with no warrant and no judge.

In 2021, the FBI ran 3.4 million of these searches. The FISA Court called the violations “persistent and widespread.” Between 2020 and 2022, more than 278,000 FBI searches did not meet legal standards. Agents searched for a sitting U.S. senator, journalists, 19,000 donors to a congressional campaign, and thousands of Black Lives Matter protesters.

Sen. Mike Lee was direct after the vote: “FISA 702 reauthorization failed because it did not contain a warrant requirement for spying on Americans. Come back with a warrant requirement, and we’ll pass the bill.”

What Happens When Section 702 Expires

The law expires June 12, but surveillance does not stop immediately. Section 702 operates under yearlong certifications approved by the FISA Court. The most recent certifications were approved in March 2026, locking in existing surveillance authority until March 2027.

What the government loses is the ability to add new targets or issue new directives. Companies currently compelled to provide data may challenge the legal basis for continued compliance if the underlying statute has expired. The result is legal uncertainty, not an immediate blackout.

The SAFE Act Would Fix the Underlying Problem

The SAFE Act, introduced by Sens. Dick Durbin and Mike Lee, would require a warrant before the government searches Section 702 data for an American’s information. It would close the data broker loophole that lets federal agencies buy Americans’ location data and browsing history from commercial brokers with no legal process. And it would narrow the 2024 expansion that redefined “electronic communications service provider” so broadly that data center workers, maintenance crews, and building landlords can be compelled to assist surveillance.

A federal court ruled in February 2025 that the Fourth Amendment requires a warrant for these searches. Congress should put that principle into law.

What You Can Do

Call your senators and tell them to support the SAFE Act. The warrant requirement has bipartisan support from libertarian Republicans and civil liberties Democrats. The number is (202) 224-3121.
Oppose any reauthorization without a warrant requirement. The 47-52 vote proves the votes exist to demand reform. Do not let Congress pass a clean extension that preserves warrantless searches of Americans’ data.
Demand accountability for the Pulte appointment. Ask your senators whether the person controlling 18 intelligence agencies should be someone who used his last government post to file politically motivated fraud referrals against the president’s critics.