The department circulated a memo around Congress that says as the June 1 expiration deadline nears, the NSA will have to take this step to ensure that it does not engage in any unauthorised collection.
Congress is sharply divided over the issue.
The House of Representatives overwhelmingly passed a bill last week to renew the post-Sept 11, 2001 law while ending the NSA's bulk collection of millions of Americans' phone records.
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