What is the FISA Bill Dividing Republicans in Congress?

A revolt by conservative House Republicans against Speaker Mike Johnson torpedoed a key vote Wednesday on the passage of a bill to reauthorize a national security surveillance program, casting uncertainty over its future ahead of a fast-approaching deadline.

At the center of the debate is the Foreign Intelligence Surveillance Act (FISA), which for months now has left members of Congress grappling over issues pertaining to national security and individual privacy. The April 10 procedural vote on Section 702 of FISA failed 193-228, with 19 Republicans voting against, including vocal House Freedom Caucus members Chip Roy, Lauren Boebert and Andy Biggs.

What is FISA and Section 702?

Section 702 of FISA allows the US government to collect communications of non-Americans located outside the country without a warrant for the purpose of gathering foreign intelligence. It has been a critical tool in disrupting terror attacks, cyber intrusions, and foreign espionage. The law also means Americans' communications can be collected under some circumstances.

The bill aims to reauthorize the surveillance program and includes a series of reforms meant to address civil liberties concerns raised by critics.

House Speaker Mike Johnson
Speaker of the House Rep. Mike Johnson at a press conference in Washington, D.C. He faced a revolt by conservative members of his party that tanked a FISA bill on April 10. Ricky Cariot/The Washington Post via Getty Images

Why Did it Stall?

The bill has encountered fierce bipartisan pushback, with lawmakers on both sides of the aisle expressing concern over civil liberties. Opponents of the bill ultimately felt that the measure did not go far enough to protect Americans.

Ahead of the vote, Rep. Marjorie Taylor Greene said Republicans "do not believe in warrantless spying on the American people," though she later voted in favor of the bill.

Former President Donald Trump posted "KILL FISA" on his social media site Truth Social earlier Wednesday.

"[FISA] is an essential tool for keeping our country safe," Republican Senator Susan Collins of Maine, a member of the Intelligence Committee, told Newsweek. "I'm open to looking at additional safeguards if they are needed, but I think there's a lot of misunderstanding about FISA."

What Happens Next?

Collins said she didn't know if a compromise was possible and Section 702 is set to expire on April 19, if Congress does not act.

Speaker Johnson's future could also lie in the balance after Greene said his handling of the FISA bill would "tell our entire conference how to handle the motion to vacate."

The staunch conservative from Georgia introduced a non-privileged motion to vacate against Johnson after a bill was passed with Democrats' help last month to avert a government shutdown.

Johnson told reporters after the vote that he believed the bill could still move forward this week.

"We will be talking to members about it tonight, trying to figure that out," he said.

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About the writer

Daniel Orton

Daniel Orton is an editor on the live news team at Newsweek, based in London, UK. He was previously Video ... Read more

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