Trump says he is considering an executive order to extend Section 702 of FISA after Congress failed to pass a temporary renewal

President Trump said in the Oval Office that he is considering whether to use an executive order to extend Section 702 of the Foreign Intelligence Surveillance Act after Congress failed to pass a temporary renewal of the authority, according to a report by The Hill on Thursday.

The Hill reported that when asked about the possibility of executive action, Trump responded, “Congress wants me to do it,” and added, “Let’s see what happens,” while discussing Section 702.

Section 702 is a congressionally authorized program under FISA that permits the government to conduct certain surveillance of non-U.S. persons under specified procedures. The program has historically required periodic renewal by Congress, and temporary extensions have been used to bridge gaps when lawmakers and the White House negotiate longer-term legislation, according to the reporting description of the situation.

In this case, the immediate issue is timing and continuity. With Congress not passing a temporary extension, Trump’s remarks indicate the administration is evaluating whether executive authority could be used to prevent an interruption to the program’s operation while a legislative pathway remains unresolved.

The White House’s next steps, as reflected in the report, would determine whether any executive order is issued and, if so, what mechanisms it would rely on and what changes, if any, it would make to the existing statutory framework. The legal and procedural effect of such an order would likely depend on how it interacts with FISA’s statutory requirements and oversight processes.

The public implications extend to the intelligence community’s operational planning and to congressional oversight of surveillance authorities. A shift from a legislated renewal to an executive mechanism, if pursued, would also raise questions about how long-term statutory obligations, judicial review, and compliance structures would be handled during the interim period.

If an executive action is taken, affected agencies would likely need to update internal compliance procedures and provide oversight and reporting according to applicable legal requirements. Any further legislative action by Congress would also shape whether the executive step is used as a stopgap or replaced by a new renewal law.