The FBI is facing growing criticism from members of both parties in Congress, which is making it difficult for US intelligence agencies to maintain their powers to collect foreign communications that often include the phone calls and emails of Americans under Section 702 of the Foreign Intelligence Surveillance Act. Key lawmakers have said they will not renew the programs set to expire at the end of this year without significant changes aimed at addressing concerns about how FBI special agents search for US citizens using Section 702. The agency has come under fire for misleading surveillance court judges in seeking to wiretap a former aide to President Donald Trump during the 2016 campaign, and for not following guidelines when searching Section 702 databases for individuals of Middle Eastern descent, a local political party, and a congressman on the House Intelligence Committee.

The FBI has faced criticism from two successive chief judges of the primary U.S. surveillance court in written opinions. One of the judges said the frequency of mistakes made by the bureau in its investigation of Russian election interference "calls into question whether information contained in other FBI applications is reliable."

The debate around Section 702, a law that allows the National Security Agency to collect electronic communications of foreign targets, is a critical issue for U.S. intelligence officials who argue that it is essential for preventing terrorism, espionage, and cyberattacks. The intelligence community claims that 59% of the information provided in the daily briefings to President Joe Biden last year was obtained under Section 702.

Recently leaked Pentagon documents also reveal how heavily the U.S. relies on electronic surveillance, with numerous items on both allies and adversaries attributed to "signals intelligence."

While some lawmakers argue that Section 702 has kept Americans safe and protected U.S. service members abroad, others are calling for changes to prevent any further misuse or abuse of this national security tool by the FBI. Republican Representative Mike Turner, who chairs the House Intelligence Committee, has stated that modifications must be made to safeguard against potential abuses while maintaining the law's effectiveness.

Reps. Pramila Jayapal and Warren Davidson issued a joint statement in March expressing concern that the FBI was conducting a high volume of searches for Americans under Section 702 and calling for an overhaul of the program.

The FBI responded by stating that it only uses foreign communications for national security investigations and has strict controls in place to limit agents' access to Americans' data. To further address concerns, the FBI has released a checklist for agents to follow when conducting searches, implemented new mandatory training for agents, and overhauled their computer systems.
Under the new guidelines, searches likely to return over 100 results must be approved by an FBI attorney before proceeding. The deputy director must also personally approve certain sensitive queries, such as those involving searches of U.S. public officials.

FBI Director Chris Wray testified before Congress in March, acknowledging that the FBI has made mistakes in their use of Section 702 but stated that the bureau has learned from those mistakes. Rep. Jim Himes of Connecticut, the top Democrat on the House Intelligence Committee, supported the changes made by the FBI and called for them to be incorporated into a new surveillance law. However, Himes also expressed concern that some Republican critics of Section 702 were motivated by their opposition to investigations against former President Donald Trump, including the FBI's search of his Florida residence last year.
Section 702 allows the U.S. to collect foreign communications without a warrant, with the involvement of American telecom companies, to create databases that analysts can search for intelligence purposes. It also allows the targeting of foreigners outside the U.S. for collection.

While agencies are not allowed to target American citizens or foreigners on U.S. soil, nor collect a foreigner's data with the intention of gathering information on a U.S. citizen, civil liberties advocates have raised concerns that Section 702 may violate the Fourth Amendment by providing the FBI with warrantless access to large amounts of Americans' communications. In 2021, the FBI conducted as many as 3.4 million searches of Section 702 data for Americans, a number that dropped to around 200,000 in 2022.

According to Patrick Toomey of the American Civil Liberties Union's National Security Project, Section 702 has become "a domestic spying tool for the FBI" with permissive rules that FBI agents regularly violate. Toomey believes that a warrant should be required for these searches to protect Americans, as the FBI cannot be relied upon to self-police.

Lawmakers are debating reforms to the Section 702 program, which allows the US government to collect foreign communications without a warrant to fight terrorism, espionage, and cyberattacks. FBI officials have defended the program, citing its effectiveness in protecting Americans, but civil liberties advocates have expressed concerns about the potential violation of the Fourth Amendment.

Some lawmakers want the FBI to require warrants for every search, but national security officials oppose the idea. Republicans on the House Intelligence Committee are advocating new criminal penalties against agents who provide false information to a surveillance court, and some lawmakers want to extend the terms of judges on the Foreign Intelligence Surveillance Court. The future of the program remains uncertain, but Rep. Jason Crow has said that it is critical for Congress to keep it in place to avoid losing critical capabilities overnight.