Classified Hearing Turns Contentious as Officials Decline to Say If Trump Administration Backs Reauthorization of Section 702

During a two-hour classified congressional briefing last week, Republican and Democratic senators expressed growing frustration after officials from the FBI, the National Security Agency and other agencies repeatedly declined to confirm whether the Trump administration wants Congress to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, which is set to expire in April.

What Happened

Section 702 authorizes the collection of foreign targets' communications and can incidentally capture communications of Americans. Lawmakers had expected the classified session to include a clear administration position on renewing the law, but agency witnesses would not say whether the administration supports reauthorization, according to two people briefed on the hearing.

Why It Matters

Senior national security officials have long argued Section 702 is critical to preventing terrorist attacks, disrupting fentanyl trafficking and countering ransomware and other cyber threats. The absence of an explicit administration stance has raised alarm among some senators who worry political disputes between the White House and parts of the national security establishment could jeopardize a tool many officials see as essential.

Lawmakers' Reactions

Arkansas Sen. Tom Cotton, the Republican chair of the Senate Intelligence Committee, pressed witnesses to state an official position, saying some members of Congress face a difficult vote on reauthorization. Texas Sen. John Cornyn repeatedly tried to extract a clear response but was unsuccessful, according to the sources. Sen. Mark Warner, the committee's top Democrat, called the administration's silence "nothing short of a dereliction of duty."

Officials' Past Statements

At their confirmation hearings, FBI Director Kash Patel and Director of National Intelligence Tulsi Gabbard expressed support for Section 702. Patel said intelligence collected under FISA helped rescue American hostages and argued the problem is past abuse by officials, not the statute itself.

"The issue for me is not with FISA and 702. The issue has been those that have been in government service and abused it in the past," Patel said at his January 2025 confirmation hearing. "So we must work with Congress to provide the protections necessary for American citizens."

Abuses, Reforms and the Debate Ahead

The FBI has acknowledged prior misuses of Section 702, including searches connected to the January 6, 2021, Capitol attack and certain investigations after the 2020 protests following George Floyd's killing. Those incidents prompted tighter internal search restrictions and renewed calls in Congress for statutory reforms, including stronger penalties for misuse and enhanced privacy safeguards.

Former NSA general counsel Glenn Gerstell told CNN that Section 702 remains "by far the more important single operational statute in the national security area," warning that some reforms may have gone too far and could limit officials' ability to detect threats.

Next Steps

With the statute set to expire in April, lawmakers on both sides are weighing new legislative proposals and amendments. The Senate hearing underscored the urgency for a clear administration position and a bipartisan path that balances operational needs with safeguards for civil liberties.

Note: The FBI, the White House and the Office of the Director of National Intelligence declined or did not respond to requests for comment.