Conservative FISA revolt poses fresh test for Speaker Johnson

A brewing fight over privacy rights and national security will come to a head in the House of Representatives in the coming weeks, shaping up to be the latest test for House Speaker Mike Johnson, R-La., and his razor-thin GOP majority.

Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire on April 20 pending congressional reauthorization. A planned vote on a "clean" extension of the measure this week, however, has been delayed amid a growing rebellion.

A vast swath of lawmakers, along with the intelligence community, have argued the provision is critical to preventing another Sept. 11-style terror attack. But privacy hawks in Congress — a mix of conservatives and progressives — say it gives the federal government too much power to spy on private U.S. citizens.

"This is a privacy issue," Rep. Keith Self, R-Texas, told Fox News Digital. "It's a very important tool, don't get me wrong, against terrorists. But you cannot, in my mind, continue to warrantlessly surveil U.S. citizens that don’t have an immediate nexus or tie to some terrorists."

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Meanwhile, House Majority Leader Steve Scalise, R-La., argued to reporters after a classified briefing on FISA last week, "There have been countless terrorist attempts that have been stopped because of the FISA process."

"The administration's been very clear how important this process is to keeping Americans safe at home. It's why they've requested the renewal," Scalise said. "It was created after September 11th. We surely don't want to go back to a Sept. 10 mentality. A pre-Sept. 11 attitude, where we just hope that nothing bad happens."

Section 702 is a provision that allows the federal government to conduct warrantless surveillance of a foreign national outside the U.S. if they’re suspected of ties to terrorism — even if the person on the other end of the communication is an American citizen.

The Trump administration is asking Congress to approve a "clean" extension after significant reforms were made to the process in 2024, but conservatives have said those guardrails are not enough. 

"There were some much-needed changes made two years ago, but there may be some additional ones that I think that we ought to make," Rep. Harriet Hageman, R-Wyo., who is running for an open Senate seat, told Fox News Digital. 

House GOP leadership has said they will put an 18-month FISA extension on the floor without any changes. While the underlying bill is likely to get support from a majority of the House chamber, Johnson could run into trouble during a procedural hurdle known as a rule vote.

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A "rule vote" is effectively a test vote which, if successful, allows lawmakers to debate and then weigh a given measure. But rule votes traditionally fall along partisan lines, meaning the speaker will only be able to lose one GOP vote to still advance the Section 702 reauthorization without support from Democrats.

At least two House Republicans, Reps. Lauren Boebert, R-Colo., and Anna Paulina Luna, R-Fla., are already threatening to vote against the rule. Both are leveraging their support on Senate passage of the SAVE America Act, an unrelated Trump-backed election integrity measure.

"I’m a NO on FISA as it stands. I’m a NO on the rule for FISA to boot. Swamp isn’t happy but that’s where I’m at. Pass the SAVE America Act and I MIGHT feel differently," Boebert posted on X last week.

Luna posted on the site, "The Speaker, who is a very nice man, is completely WRONG on his perspective of a CLEAN FISA Reauthorization WITHOUT SAVE AMERICA ATTACHED (SAA). Mike can and SHOULD tell the rules committee to attach SAA to FISA."

Some conservatives have also groused about the sharp reversal on FISA from some Republicans, who previously supported more surveillance guardrails under the Biden administration.

"It’s the position that the speaker used to hold before he became speaker," Rep. Michael Cloud, R-Texas, told Fox News Digital, referring to Johnson’s past support for warrant requirements.

Trump notably urged Republicans to "KILL FISA" when Section 702 was last up for reauthorization in April 2024, arguing he had been a victim of its warrantless surveillance powers. Johnson, who was just months into his speakership, opposed a push for new warrant requirements sought by privacy hawks.