WASHINGTON – A bitter fight has erupted among House Republicans over the reauthorization of a controversial post-9/11 surveillance law, pitting national security hawks against privacy-minded conservatives and threatening to derail the program’s renewal ahead of a key deadline next week.
At the center of the dispute is Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows federal agencies to collect the communications of foreigners abroad without a warrant, even when they communicate with Americans. The law is set to expire on April 19 unless Congress acts.
House Speaker Mike Johnson (R-LA) had planned to bring legislation to the floor this week that would extend the program with some reforms, but was forced to delay the vote amid opposition from members of the conservative Freedom Caucus, who are demanding more sweeping changes to protect Americans’ civil liberties.
“I’m not gonna get rolled,” Rep. Andy Biggs (R-AZ), a member of the Freedom Caucus, told reporters. “We need real reforms, not window dressing. No more warrantless spying on innocent Americans.
Dueling Reform Bills Highlight GOP Divide
The fight has exposed deep fault lines within the Republican conference. Two competing bills have emerged – one from the House Intelligence Committee that would largely preserve the status quo with some additional oversight measures, and another from the Judiciary Committee that would require warrants for FBI searches of the Section 702 database.
National security officials and some Republicans argue the Judiciary bill’s warrant requirement would cripple a critical counterterrorism tool. But supporters say it is needed to prevent abuses, pointing to the FBI’s improper use of Section 702 to surveil a Trump campaign aide in 2016.
“If we can’t prevent the FBI from illegally spying on a presidential campaign, then these powers are too dangerous,” said Rep. Jim Jordan (R-OH), who chairs the Judittee. “It’s time for Congress to stand up for the Constitution
Pressure Mounts as Deadline Looms
With the clock ticking, the Biden administration has been lobbying hard for a “clean” renewal of Section 702 without major changes. Intelligence leaders warn that letting the powers lapse would amount to “unilateral disarmament” in the face of threats from China, Russia and terrorists.
But many rank-and-file Republicans are wary of handing more unchecked surveillance authorities to the FBI in the wake of revelations about the bureau’s investigations of former President Donald Trump. Some see the fight as a proxy battle over the future direction of the party.
“The establishment wants a rubber stamp, but that’s not going to fly with the base anymore,” said one GOP aide. “After Russiagate and the Mar-a-Lago raid, there’s zero trust. McCarthy is in a no-win situation.
Path Forward Unclear as Tensions Simmer
As of Monday, it remained unclear whether Johnson would be able to cobble together enough votes to pass any Section 702 bill, raising the specter of a short-term extension punted to the fall or the powers expiring altogether.
Some Democrats have expressed openness to a compromise, but many are content to watch the GOP’s internal fireworks from the sidelines. “It turns out ‘defund the FBI’ is easier said than done,” quipped one Democratic lawmaker. With tensions running high and the stakes even higher, the coming week is shaping up as a major test for Johnson’s leadership and the future of America’s post-9/11 surveillance regime. As one senior Republican put it: “This is our reckoning. There’s no dodging it now.
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