House Reauthorizes FISA With Key Amendments, Securing Victory for Speaker Mike Johnson

On Friday, the House passed a revised surveillance bill, the Reforming Intelligence and Surveillance Act, after advancing it earlier in the day by voting 213-208 to open up debate. The bill passed with 273 yays and 147 nays, reauthorizing the Foreign Intelligence Surveillance Act (FISA), and now moves to the Senate with an impending renewal deadline of April 19.

This development serves as a political victory for House Speaker Mike Johnson (R-LA), especially after facing challenges to his leadership from within the GOP and having a faction of Republicans thwart the bill's advancement earlier in the week. The Republican opposition, led by the right-wing House Freedom Caucus, sparked proposed amendments and debates focused on the controversial Section 702 of FISA. This section permits warrantless surveillance of foreigners abroad, which its proponents argue is crucial to combat terrorism, but this also results in the incidental collection of communications with Americans, raising concerns for constitutional privacy and due process violations.

Johnson coordinated a classified reading room off the House floor for members to review classified information before Friday's vote, as confirmed by a GOP leadership aide. Additionally, Johnson has a scheduled meeting with Trump in Florida later on Friday.

The revised version of the FISA bill outlines a two-year reauthorization rather than five, strategically aligning its timeline with potential changes under a hypothetical second term for former President Donald Trump. This adjustment played a key role in pacifying conservative House members who had initially opposed the bill, at the behest of the former President, derailing a procedural vote on Wednesday.

Florida Republican Rep. Matt Gaetz, speaking to CNN, said:

We just bought President Trump an at-bat. The previous version of this bill would have kicked reauthorization beyond the Trump presidency. Now President Trump gets an at-bat to fix the system that victimized him more than any other American.

Rep. Chip Roy's (R-TX) amendment, requiring the FBI to report to Congress on the number of queries conducted on Americans, was successfully passed. Following that, Dan Crenshaw's (R-TX) proposed amendment to update the definition of "foreign intelligence" to target international narcotics trafficking was also passed. Next, an amendment brought by Michael Waltz (R-FL) allowing the use of Section 702 information to vet foreigners traveling to the U.S. was approved. Lastly, Mike Turner's (R-OH) proposal to update the definition of "electronic communications service provider" passed as well.

The only amendment that didn't pass was brought by Rep. Andy Biggs (R-AZ), proposing to add a warrant requirement to view data collected from Americans during foreign surveillance operations. Biggs' amendment was narrowly defeated.

Recent disclosures of the FBI misusing data have spurred calls for stricter oversight, as allegations surfaced of the FBI improperly searching for Rep. Darin LaHood's (R-IL) name in the intelligence repository of surveillance data. A court order from last year also revealed the FBI's warrantless use of intelligence data against individuals linked to 2020's racially-charged protests and the January 6, 2021, Capitol riot.

The bill is expected to reach the Senate next week after a procedural motion made by Rep. Anna Paulina Luna (R-FL) will require another vote before the legislation can proceed to Congress' upper chamber.

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