Lawmakers sound alarm as FISA spy law expires
Fox News chief congressional correspondent Chad Pergram reports on Congress failing to reach a deal on FISA Section 702, sparking warnings from lawmakers about national security vulnerabilities, on ‘Fox Report.’
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EXCLUSIVE: President Donald Trump’s top administration intelligence officials penned a letter to congressional leaders urging them to reauthorize the Foreign Intelligence Surveillance Act (FISA).
An administration official told Fox News Digital the intel measure is at top of mind for the White House to get passed in the still-Republican-controlled Congress before Democrats take a majority on Capitol Hill in January.
“This is going to be a huge priority and push by the administration, by the White House for the lame-duck Congress, because this really needs to get done,” the administration source said. “Otherwise, we’re kind of in trouble from a national security standpoint.”
They stressed that the White House is “fully on board” with the push by the intelligence agencies’ leaders asking Congress to reauthorize the law, including the controversial Section 702.
President Donald Trump arrives to deliver remarks during a campaign rally at the Rock Hill Sports and Event Center in Rock Hill, S.C., on Oct. 29, 2026. (Getty Images)
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The letter, signed by Attorney General Todd Blanche, Director of National Intelligence Jay Clayton and CIA Director John Ratcliffe, set a deadline for Dec. 9, 2026, less than a month before the new Congress will be sworn into office.
Clayton and Ratcliffe briefed the Gang of 8 — members of Congress who are legally apprised of classified national security matters and covert operations by the executive branch — earlier this week about the status of FISA.
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“Any delays beyond this date will risk this critical authority lapsing, putting the lives of both Americans in the homeland and our troops stationed abroad at risk in the heightened threat environment briefed to the Gang of 8 earlier this week,” the letter says.
Acting U.S. Attorney General Todd Blanche speaks during a news conference at the Robert F. Kennedy Department of Justice building on April 7, 2026. (Getty Images)
It is addressed to Senate Majority Leader John Thune, R-S.D., House Speaker Mike Johnson, R-La., Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y.
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“As you know, Section 702 is the single most indispensable tool we have to keep our homeland and the American people safe,” the letter says. “It enables our Intelligence Community to detect and disrupt terrorist plots, cyber intrusions, and weapons proliferation. No other authority can replace it.”
FISA’s Section 702 has a controversial history. Privacy activists and constitutional scholars have long argued that Section 702 is akin to warrantless surveillance. Under Section 702, intelligence agencies can clandestinely collect the communications of Americans if they are speaking to foreigners who are targets of investigations.
Jay Clayton, then-U.S. attorney for the Southern District of New York and nominee for director of national intelligence, testifies before the Senate Intelligence Committee during his confirmation hearing on July 15, 2026, in Washington, D.C. (Nathan Posner/Anadolu via Getty Images)
The Office of the Director of National Intelligence (ODNI) credits Section 702 for thwarting terrorist activities, including a mass casualty terror attack at a Taylor Swift concert in Vienna, Austria, in 2024, and says that 63% of the articles in Trump’s daily brief contained FISA Section 702 information reported by the National Security Agency in 2025.
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The letter explains that the statutory authority of Section 702 has lapsed, and that collection of such materials will expire on March 16 if FISA is not reauthorized.
It goes on to say that the Dec. 9 congressional deadline to begin the renewal process will allow the intelligence agencies the necessary amount of time to complete the steps for continued Section 702 collection before the March expiration date.
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“To prevent a gap in critical intelligence and avoid putting our nation at risk, the government must start the 2027 renewal process by then,” the letter states.
“If collection stops, we cannot simply turn 702 back on. The Administration looks forward to briefing Congress again in the coming days on the irreplaceable intelligence enabled by Section 702 and the dire risks to our nation if it is allowed to expire.”
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ODNI, the Department of Justice and the White House did not return Fox News Digital’s requests for comment.