The House’s most conservative faction has promised to derail plans to approve the annual Pentagon policy bill before Christmas if the legislation includes an extension of the government’s chief spying powers.
The House Freedom Caucus is it was “prepared to use all available leverage to change the status quo. We will not simply vote ‘no’ on bad legislation and go home for Christmas.”
They said in a statement Friday that “reauthorization of the Foreign Intelligence Surveillance Act must be considered only with significant reforms and as a standalone measure.”
The threat arrived a day after Democratic and Republican leaders in both chambers agreed to add a four-month extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) to the must-pass National Defense Authorization Act.
House Speaker Mike Johnson, Louisiana Republican, got an earful from Freedom Caucus members for agreeing to the extension of Section 702, which otherwise will expire on Dec. 31.
Section 702 authorizes U.S. spy agencies to intercept communications of foreigners abroad, though Americans can be snared in the surveillance when communicating with targeted foreigners.
Critics say it threatens constitutional rights when FBI or U.S. intelligence officials sift through the data without a warrant looking for dirt on Americans.
The Freedom Caucus said it was unacceptable that a backroom deal would be “air-dropped into the process to undermine many of the most critical House GOP positions.”
“The House and the Senate should have had a true conference negotiation on the FY24 NDAA — as the House voted to do,” the group said.
Senate Democratic leader Charles E. Schumer of New York and Senate Republican leader Mitch McConnell of Kentucky said in a joint statement Thursday that the four-month extension would give Congress time to negotiate an overhaul of Section 702.
They said they want to see something pass “early next year.” In the meantime, they want to continue the program to avoid a lapse in surveillance of national security threats.
A bipartisan coalition has emerged demanding major changes, including a standing warrant requirement when the FBI wants to use an American’s identity to query the data.
The House Judiciary Committee advanced a bill Wednesday that would overhaul the law with a warrant requirement with limited exceptions for a cybersecurity threat or imminent danger of harm. The 702 authority would sunset in three years.
The House Permanent Select Committee on Intelligence passed its bill to overhaul of law on Thursday. It would reauthorize Section 702 for eight years and would require the FBI to show probable cause and get a warrant before searching for Americans in the database.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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