FISA Section 702 Faces Potential Lapse Amid Congressional Division

FBI Director and Top Intel Dem Warn of National Security Risks if Warrantless Spy Powers Expire

Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the U.S. government to spy on foreigners located abroad without a warrant, is at risk of expiring at the end of the year.
FBI Director Christopher Wray and Rep. Jim Himes (D-Conn.) have warned of the potential risks to national security if the powers lapse, even briefly.
Congress is divided over how to reform the powers, including whether the intelligence community should first secure a warrant to review information gathered on Americans.
FBI Director Wray argued that a warrant requirement would hinder the FBI from acting in real time and could limit the intelligence community from warning those who are the targets of foreign terror plots.
Speaker Mike Johnson (R-La.) decided not to include a reauthorization of FISA 702 in the defense policy bill, catering to demands from some in the Republican Party who believe such an important matter should be addressed through stand-alone legislation.