[Congressional Record Volume 172, Number 97 (Tuesday, June 9, 2026)]
[Senate]
[Page S2672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN INTELLIGENCE SURVEILLANCE ACT
Mr. THUNE. Mr. President, in 4 days, authorization for our Nation's
most critical intelligence-gathering tool will expire.
Section 702 of the Foreign Intelligence Surveillance Act allows the
U.S. Government to target the digital information of foreign actors
located outside of the United States for specific national security
purposes, such as counterterrorism, counterintelligence, and stopping
the spread of weapons of mass destruction. Established in the wake of
September 11 to address gaps in foreign intelligence collection, this
program plays a vital role in foiling bad actors, including terrorists,
cyber criminals, and drug and weapons traffickers.
Our Nation's policymakers--from the White House to the Pentagon, to
Congress--rely upon intelligence acquired from section 702 on a near
daily basis. Twenty-four percent of the National Security Agency's
intelligence reports in 2025 contained section 702 information. So did
62 percent of projects in the CIA's daily World Intelligence Review and
63 percent of articles in the President's Daily Brief.
Just to bring this down to the concrete, more than 90 percent--90
percent--of synthetic drug disruptions enabled by the CIA in 2025
relied on section 702 information. Synthetic drug disruptions--that is
operations targeting fentanyl and fentanyl analogs, poison intended for
America's streets. The CIA reports that one raid alone supported by
section 702 resulted in the seizure of more than 1 metric ton of
fentanyl pills from a facility in Mexico.
And drug disruption is just one activity supported by 702
information.
Section 702 provided intelligence that helped prevent a terrorist
attack at a Taylor Swift concert. It enabled law enforcement to warn
potential U.S. victims of ransomware attacks planned by North Korea. It
helped enable the successful mission against al-Qaida's top leader,
Ayman al-Zawahiri, in 2022. It has identified threats to U.S. troops
and provided information key in pursuing the release of Americans held
hostage abroad.
The list goes on. Suffice it to say that section 702 plays a vital
role in providing intelligence to protect our country.
We have considered multiple 702 reauthorizations since the program's
inception, and each time there is a robust discussion of the program
and its safeguards to ensure that civil liberties are protected in the
collection of vital intelligence. Two years ago, a bipartisan coalition
of Senators voted to reauthorize this program with 56 bipartisan
reforms that have now been fully implemented by the Trump
administration. The result is that 702 is the most overseen
intelligence collection tool in the world.
Over the past several weeks, both Senate Democrats and Republicans
have been working on a section 702 reauthorization in good faith. The
bill released by Chairmen Cotton and Grassley last week includes
additional bipartisan reforms over and above those included in the
House-passed bill and over and above the robust guardrails already in
place to ensure that 702 operates within the law and with respect for
civil liberties.
On Friday, I would have expected those Democrats who have been
working with us to vote to advance the bill. After all, some of the
provisions in the bill were included at their request. But they didn't.
Why? Because they disagree with a short-term personnel choice made by
the President: his temporary appointment for Acting Director of
National Intelligence.
Democrats have every right to disagree with the President's choice
for this position, no matter how short-term the appointment is likely
to be, but I invite my Democrat colleagues to think about what they are
doing here in holding this vital intelligence collection program
hostage because they don't like the President's temporary--temporary--
DNI pick.
I have talked at some length here today about the critical role that
section 702 plays on a near daily basis in protecting Americans from a
range of threats. And you don't have to take my word for it. The top
Democrat on the Senate Intelligence Committee has also made it clear
that he regards section 702 as a key intelligence source. And yet he
and a number of his colleagues are holding up reauthorization because
they disagree with the President's, again, temporary DNI pick.
Without Democrat cooperation, in 4 days, the section 702 program will
go dark. America's enemies, however, will not--will not--go dark. They
will continue working against the United States, whether that is
conducting cyber attacks, planning terrorist activity, or trafficking
fentanyl and other deadly drugs into our country. The only difference
is that our intelligence Agencies will have a greatly reduced capacity
to discover these activities.
I hope my Democrat colleagues will rethink their decision to hold the
702 program hostage before we all have cause to regret the
consequences.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The majority whip.
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