Republican Speaker Mike Johnson is facing opposition from his own party over a bill to extend a key surveillance law, Section 702 of the Foreign Intelligence Surveillance Act. Former President Donald Trump has urged lawmakers to kill the legislation, stating that it was illegally used against him during his 2016 campaign. Despite Republican leaders moving forward with a vote on the bill, the fate of the measure is uncertain due to growing opposition.
Mr. Trump’s attack on the measure, fueled by his grievances over the Russian interference investigation, has resonated with right-wing lawmakers who see blocking the extension as a way to push back against the intelligence community. Section 702 targets foreigners abroad for surveillance without warrants, but does not apply to surveillance of Americans. The bill in question would make modest changes to the law, including implementing more safeguards against misuse.
Section 702 is set to expire on April 19, but could potentially be extended until 2025 with approval from the FISA court. Mr. Trump’s intervention is reminiscent of a similar incident in 2018, when he initially opposed extending Section 702 but later supported it after lobbying efforts. Speaker Johnson, who previously supported broader reforms, now backs the bill as containing significant intelligence reforms since FISA’s enactment in 1978.
Critics of the bill, including both progressive Democrats and libertarian Republicans, argue for more stringent protections for Americans’ privacy rights. They propose adding a requirement for officials to obtain a warrant before querying the repository of information collected under Section 702. Reformers also aim to limit the number of officials with access to raw intelligence data. National security officials warn that adding such requirements would hinder their ability to combat terrorism and other threats.
The bill in question would codify recent changes the FBI has made to prevent abuses of the FISA authority, following instances of violations in recent years. Despite resistance from some lawmakers, including Representatives Michael R. Turner and Jim Himes, who support more modest adjustments, a group of Republicans advocate allowing Section 702 to expire completely. Representative Gaetz, for instance, strongly opposes the extension and argues against Speaker Johnson’s change in position on the issue.
While Speaker Johnson emphasizes the importance of maintaining the surveillance tool to counter threats against the U.S. and save American lives, he acknowledges the FBI’s past abuse of FISA authority. He stresses the need to prevent future abuses while continuing to utilize the program. As the debate continues in Congress, the fate of the bill remains uncertain, with the balance of support on both sides of the argument unclear.
