Speaker Johnson Prevails Amid Surveillance Law Infighting
April 16, 2024
On Friday, April 12, the House passed a two-year reauthorization of the Foreign Intelligence Surveillance Act (FISA). The bill now heads to the Senate where it is expected to pass.
Why it matters: The reauthorization was another test for Speaker Mike Johnson (R-LA). Conservatives and progressives opposed various pieces of the surveillance program, forcing Johnson to juggle his narrow House majority with national security priorities and Trump’s distaste for the program.
Overview of FISA: Section 702 of FISA generally governs the surveillance of foreign nationals located outside the U.S. The government does not have to obtain a warrant for this surveillance, but the surveillance cannot target U.S. persons or those located in the U.S. FISA was renewed in 2012 and 2017 with bipartisan support.
- Critics have focused on instances where 702 surveillance of foreigners abroad also sweeps in communications with any Americans.
- An amendment to add a warrant requirement to some aspects of FISA failed in a tie 212-212 vote.
- The shortened timeframe from the traditional five-year authorization was part of a negotiation after former President Trump opposed the reauthorization.
Rule Vote Failures: Earlier this week, the House failed to pass a “rule” to govern debate and consideration of the FISA bill after 19 GOP members voted against the rule. Rules allow the majority party to limit debate and amendments (e.g., tough votes) on its priorities.
- This was Speaker Johnson’s fourth failed rule vote in the last six months. This dysfunction could be a sign of things to come, as Johnson is dealing with a possible vote to oust him as early as next week. More on that later.
- Previously, speakers John Boehner, Nancy Pelosi and Paul Ryan never lost a rule vote during their tenures. McCarthy lost three before his ouster.
The result: Amid tense and close amendment votes, the bill finally passed on a bipartisan vote of 273-147. Later the same day, Speaker Johnson traveled to Mar-a-Lago for a joint appearance with Trump, less than 48 hours after Trump had publicly opposed FISA reauthorization.
- While Johnson has faced criticism from all corners of Capitol Hill during his tenure, he has navigated a complicated political predicament on spending and national security issues.
Yes, but: The threat of a motion to vacate continues to loom over Johnson, and the FISA passage may stir up more critics.
- Rep. Marjorie Taylor Greene (R-GA) sent an open letter to her colleagues this week, detailing her reasons for wanting to oust Johnson, including a promise to vote on Ukraine funding and his passage of government spending deals.
- Trump voiced his support for Johnson and acknowledged the difficult tasks he's faced with, though he noted his own friendship with Greene.
Contact James Montfort at (jmontfort@crefc.org) or David McCarthy (dmccarthy@crefc.org) with any questions.
Contact
David McCarthy
Managing Director, Head of Policy
202.448.0855
dmccarthy@crefc.org
The information provided herein is general in nature and for educational purposes only. CRE Finance Council makes no representations as to the accuracy, completeness, timeliness, validity, usefulness, or suitability of the information provided. The information should not be relied upon or interpreted as legal, financial, tax, accounting, investment, commercial or other advice, and CRE Finance Council disclaims all liability for any such reliance. © 2023 CRE Finance Council. All rights reserved.