House Republicans are bracing for a grueling week as they balance a looming deadline to renew warrantless surveillance powers under the Foreign Intelligence Surveillance Act (FISA) with advancing a budget blueprint for a second reconciliation bill. The packed agenda, which also includes a joint address by King Charles III, comes ahead of a scheduled recess, leaving Speaker Mike Johnson (R-La.) with limited room for error.
FISA Section 702 on the Clock
The most urgent item is the renewal of Section 702 of FISA, which expires Thursday. This provision allows the government to conduct warrantless surveillance of foreign nationals abroad, but it has drawn sharp criticism from privacy-focused conservatives who argue it infringes on Americans' constitutional rights. Johnson released a proposal last week that would extend Section 702 for three years, but it notably omits a warrant requirement for queries involving U.S. citizens—a key demand of the House Freedom Caucus and other hard-line Republicans.
Rep. Ralph Norman (R-S.C.), a Freedom Caucus member on the House Rules Committee, expressed dissatisfaction with the draft text, signaling potential hurdles for the procedural vote needed to advance the measure. Johnson requires near-unanimous GOP support for that rule, making any defections costly. Rep. Keith Self (R-Texas) echoed the sentiment on social media, stating, “The government has no right to your private communications without a warrant. FISA needs serious reform. Full stop.” In a joint op-ed with Rep. Andrew Clyde (R-Ga.), Self argued that warrants are a constitutional safeguard, not an obstacle to surveillance.
The proposed reforms in Johnson's bill would require FBI agents to obtain attorney approval—rather than a warrant—before querying data on Americans, a process that could be signed off by a supervisor. It would also direct the attorney general to expand the pool of lawmakers who can review Section 702 information at the Foreign Intelligence Surveillance Court. However, these steps have not satisfied critics. Meanwhile, Senate Majority Leader John Thune (R-S.D.) has filed cloture for a three-year extension, potentially moving the Senate ahead of the House on the issue.
Reconciliation Bill Divides the Conference
Adding to the pressure, House Republicans are grappling with a budget blueprint for a second reconciliation bill, which the Senate passed late last week. The measure aims to fund Immigration and Customs Enforcement (ICE) and Border Patrol as part of efforts to end the ongoing Department of Homeland Security shutdown. But the conference is split over the bill's scope. Thune has advocated for a “skinny” package focused on border security, while hard-line conservatives, wary of missing future opportunities, are pushing for a broader bill that includes defense spending and healthcare reform.
“This will probably be the last reconciliation we do before the end of the year,” said Norman, emphasizing the need for a more comprehensive approach. Some conservatives are also calling for full DHS funding through reconciliation, a process that bypasses the Senate filibuster. However, Rep. Kevin Kiley (I-Calif.), who caucuses with Republicans, expressed skepticism, saying, “I don't think there's going to be any path toward passing anything broader than what's been teed up in the Senate.” He stressed the need for meaningful immigration enforcement reforms, such as body camera training and enforcement protocols around sensitive locations.
House Budget Committee Chair Jodey Arrington (R-Texas) suggested that once broader reconciliation gains traction and leadership commitment, the conference could move forward. The divide underscores the challenge Johnson faces in uniting his party, especially as the DHS shutdown enters its third month.
Rep. Troy Nehls (R-Texas) summed up the week ahead as “hell week,” reflecting the intense pressure on lawmakers to resolve these contentious issues before recess. With the FISA deadline imminent and reconciliation talks heating up, Johnson's leadership will be tested as he navigates competing factions within his conference.
