WASHINGTON, D.C. — Congress faces a vote to renew Section 702 of the Foreign Intelligence Surveillance Act before the program's 2024 authorization expires on April 20, 2026. The provision empowers U.S. intelligence agencies to collect and review electronic communications of foreign nationals located outside the United States without obtaining individual court orders.

Under Section 702, the Foreign Intelligence Surveillance Court issues a blanket authorization each year allowing the government to collect information about targets within categories proposed by the Attorney General and the Director of National Intelligence. The National Security Agency, the National Counterterrorism Center, the Central Intelligence Agency, and the FBI obtain information directly from U.S. companies that facilitate electronic communication services such as email, social media, or cellphone service. The NSA also collects communications as they cross the backbone of the internet with compelled assistance from companies that maintain those networks.

The government uses information collected through Section 702 to protect the United States and its allies from foreign adversaries, including terrorists and spies, and to inform cybersecurity efforts, according to the Office of the Director of National Intelligence. In 2023, 60% of items in the president's daily intelligence briefing contained Section 702 information, and 70% of the CIA's illicit synthetic drug disruptions that year stemmed from Section 702 data, according to a government release. In 2025, there were 349,823 surveillance targets under the program, up from about 246,000 in 2022, according to a government release.

"No one denies the immense intelligence value of Section 702," former NSA general counsel Stewart Baker said in testimony to Congress. "The U.S. government recently credited the program with helping to disrupt several terrorist attacks here and abroad, identify the Chinese origins of imported fentanyl precursors, respond to ransomware attacks on U.S. companies, identify Chinese hackers' intrusions into a network used by a key U.S. transportation hub, and disrupt foreign government efforts to carry out kidnappings, assassinations, and espionage on U.S. soil. Those examples just scratch the surface," he said.

The government does not need a targeted court order to search for an American's information in the data gathered under Section 702 authority. Republicans and Democrats in Congress have expressed concern that the program allows warrantless surveillance of American citizens. Senator Mike Lee of Utah, Senator Ron Wyden of Oregon, and Representative Warren Davidson of Ohio are prominent critics of renewal. Representative Jamie Raskin of Maryland voted for the program's renewal in 2024 and is working to rally colleagues against its renewal in 2026.

Representative Darrell Issa of California previously voted against renewing Section 702 due to its lack of a warrant requirement but later said, in a subsequent statement, he believes reforms to the program are working. Former President Donald J. Trump has issued differing statements on the matter. "When used properly, FISA is an effective tool to keep Americans safe. For these reasons, I have called for a clean 18-month extension," Trump posted on social media. In a separate post, he wrote, "KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS."