House Republicans finally found success on their fourth attempt to renew a controversial spying law, with the lower chamber of Congress voting on a bipartisan basis. However, the process was not without its fair share of hiccups along the way.
The House voted 273-147 on Friday to approve the reauthorization of the Foreign Intelligence Surveillance Act (FISA). Majority of the bill’s opponents were members of the civil-liberty minded ultraconservative and progressive factions within the body.
The intelligence committee, who strongly support the law, argue that FISA’s warrantless surveillance provisions are crucial for safeguarding national security.
Most of the conservative hardliners, who have consistently challenged House Speaker Mike Johnson, were not completely satisfied with the final outcome. However, they did agree on one alteration – reducing the program’s regular expiration date from five years to two years. Their intention is to implement substantial reforms in the future, should Donald Trump regain the presidency in 2024 and have the opportunity to influence the next iteration of the legislation.
One of the main challenges that Johnson and other GOP leaders faced was a specific provision within the law known as Section 702. This provision enables U.S. authorities to conduct surveillance on communications involving foreigners located outside the United States.
Surveillance is later collected into a database for authorities to search without a warrant. However, since foreigners often contact Americans, domestic data is also swept up in the collection process.
The opponents of Section 702 strongly advocated for the inclusion of a warrant requirement, asserting that it was crucial for protecting the privacy rights of Americans. However, the supporters of the law countered this argument by highlighting the additional reforms implemented in the Foreign Intelligence Surveillance Act (FISA) to prevent any potential abuses. They further contended that imposing a warrant requirement would significantly diminish the effectiveness of the program.
“The protection of Americans’ constitutional liberties must always take precedence; we do not compromise the constitution for anything,” emphasized Rep. Bob Good, R-Va., chair of the House Freedom Caucus. Standing alongside his fellow like-minded colleagues on the steps of the Capitol, he emphasized, “Preserving American’s constitutional liberties must remain our utmost priority.”
Johnson stood firm in his support for Section 702, despite facing opposition from conservatives. During a weekly news conference, he emphasized the significance of this legislation, stating that it plays a crucial role in our intelligence and law enforcement efforts. Interestingly, before assuming his role as speaker last October, Johnson had previously been critical of the law. However, after receiving classified briefings on the subject, he gained a new perspective and changed his stance.
House Republicans have been attempting to take the lead on the renewal of FISA for several months. However, this issue has exposed significant divisions within the GOP conference, resulting in Johnson having to withdraw consideration of FISA from the House on two separate occasions due to internal conflicts. As a temporary solution, Congress decided to extend the program until April 19.
Upon their return this week, the House had anticipated reauthorizing FISA earlier. However, it became evident that there was strong opposition from right-wingers. They accused the leadership of manipulating the process in order to bypass their involvement.
Trump’s endorsement of the hard-right was far from helpful, especially when he took to Truth Social to urge Republicans to “KILL FISA.”
Nineteen conservative lawmakers retaliated against the leadership by voting against a traditionally procedural “rule” vote for the bill on Wednesday. This action brought the House to a standstill and once again exposed the deep divisions within the House Republicans.
The Republicans have presented a new bill that closely resembles the one that was rejected earlier this week by conservatives. The only significant change is the shortened two-year expiration date. However, this adjustment was sufficient to satisfy hardliners and secure the passage of the legislation. The Republicans hope to gain full control of Washington in the 2024 elections, which would enable them to make drastic changes to the law in the future.
Conservatives successfully exerted pressure on leadership to secure a vote on an amendment proposed by Rep. Andy Biggs, a Republican from Arizona. This amendment sought to introduce a warrant requirement within Section 702. However, despite the intense debate and division among both parties, the amendment narrowly failed to pass with a tied vote of 212-212.
The House, however, may still have more to do. In an effort to prevent the bill from advancing to the Senate, Rep. Anna Paulina Luna, R-Fla., submitted a procedural motion just before lawmakers departed Washington for the weekend. If this motion is approved, it would require the House to hold another vote on the measure.
House Intelligence Committee Chairman Mike Turner, a Republican from Ohio, has taken action to dismiss Luna’s efforts. The chamber is set to revisit the issue and hold another vote when members reconvene next Monday.
The bill is expected to easily pass the Democratic-controlled Senate without the need for a warrant requirement. The White House has also expressed its support for the renewal of the law.
The House of Representatives has finally passed a controversial spying bill after facing bitter infighting. This marks the fourth attempt to get the bill approved, showcasing the persistence of lawmakers in pushing their agenda. The bill has faced strong opposition and has been a subject of heated debate among members of Congress. However, despite the challenging circumstances, the bill has managed to secure enough support to move forward. This development highlights the determination of lawmakers to push through with their policies, even in the face of strong opposition.
