A bipartisan group of senators is trying to strip reauthorization of the government’s chief surveillance power from the annual Pentagon policy spending bill, threatening plans to finish the must-pass bill before Congress adjourns for the year on Thursday.

Sens. Mike Lee, Utah Republican, and Ron Wyden, Oregon Democrat, are whipping votes to persuade 41 lawmakers needed to remove a four-month extension of the spy power, known as Section 702 of the Foreign Intelligence Surveillance Act, from the National Defense Authorization Act.

Without an extension, the Section 702 power to spy on foreigners abroad will expire at the end of the year.

Mr. Lee’s legislation would force a separate debate on extending FISA and its Section 702 spy powers, rather than lump it in with the must-pass NDAA.

Mr. Lee called on his followers to phone their senators to support it.

“The Senate rules can make this happen if just 41 senators agree,” he said on X. “FISA should be reviewed on its own merits—not the NDAA’s. If you agree, please share & tell your senators to remove FISA from the NDAA!”

While Section 702 of FISA authorizes U.S. spy agencies to intercept communications of foreigners abroad, Americans can be snared in the surveillance when communicating with foreigners. The FBI and U.S. intelligence agencies also have searched the collected data for information about Americans.

Critics say the spying tool threatens constitutional rights when FBI or U.S. intelligence officials sift through the data without a warrant looking for dirt on Americans.

National security hawks counter the need to fend off global terrorist threats should take precedence.

House Speaker Mike Johnson withdrew two pieces of competing legislation from the House Judiciary and Intelligence Committees to overhaul Section 702 after members of both panels could not agree on one bill.

The current version of FISA was attached to the Senate’s NDAA bill as a short-term extension until April 19.

• Kerry Picket can be reached at kpicket@washingtontimes.com.