GOP holdouts not giving up on amendments to Section 702 extension

House GOP opponents of a clean reauthorization of a key spy power are charging ahead with a push to amend the 18-month extension — despite Speaker Mike Johnson saying he will not allow changes to be made to the legislation.

Rep. Warren Davidson (R-Ohio) is seeking consideration of an amendment to the bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, or FISA, that would prevent data brokers from selling information to the federal government, according to text of the provision obtained exclusively by POLITICO.

“Passing a clean Section 702 reauthorization without any reforms to protect the Fourth Amendment right to privacy would be a major disservice to the American people,” Davidson said. “We live in a digital age, and cell phones are now extensions of our homes; they store our personal conversations, location data, banking information, and health records. Our personal devices deserve the same constitutional protections as our homes.”

Warren also said his amendment would fix a loophole that currently allows intelligence agencies to get information from third-party brokers that collect data from phone apps and web activity without obtaining a warrant.

“My amendment closes that loophole, and I am proud that it carries bipartisan support from members who want to protect their constituents' right to privacy,” Davidson added. “I look forward to a full House vote.”

The House Rules Committee will meet Tuesday afternoon to tee up floor consideration of the Section 702 extension. GOP leaders want to pass the bill Wednesday ahead of the April 20 expiration deadline, but several hard-liners are threatening to tank a procedural party-line rule necessary to consider the underlying measure unless amendments are permitted.

Leaders are resisting allowing amendments because the White House has requested a clean extension.