Key NSA surveillance program’s reauthorization hits roadblock

House Republicans have abandoned plans to vote on a long-term reauthorization of a powerful government authority to conduct foreign surveillance on U.S. soil, apparently succumbing to internal party demands for time to negotiate an extension with more stringent limitations on when authorities can access Americans’ communications.

“There isn’t any chance that a long-term FISA reauthorization has the support of the overall conference,” Rep. Mark Meadows, R-N.C., the chairman of the House Freedom Caucus, said Wednesday, referring to Section 702 of the Foreign Intelligence Surveillance Amendments Act of 2008, which gives the National Security Agency the authority to collect emails and other communications of overseas foreign targets from U.S. companies.

Absent congressional action, the Section 702 program expires at the end of the year - a worst-case scenario for the intelligence community, which has ranked an extension of the program as its highest legislative priority for 2017. But Republican members of the Freedom Caucus, as well as members of the House Judiciary Committee, have insisted Congress place more significant restrictions than GOP leaders were planning to impose on the FBI’s ability to access information about Americans who may have been in touch with foreign targets.

Party leaders had rallied around an effort from House Intelligence Committee Chairman Devin Nunes, R-Calif., to pass an eight-year extension of the Section 702 program, which would have incorporated a requirement that the FBI seek a court order before viewing the contents of queries for information about Americans’ communications in the program database. The restriction, which is based on a proposal first floated by Rep. Adam B. Schiff, D-Calif., would apply only to criminal cases.

But by midafternoon Wednesday, Nunes said the reauthorization effort was dead “for now” — and that decisions about how to proceed were being made “above my pay grade.” The House Rules committee also canceled plans to review the proposed legislation Wednesday afternoon.

An extension of the Section 702 surveillance program could be included in the must-pass spending bill the House and Senate will vote on this week, but Republican and Democratic Party leaders have yet to include it. There will also likely be debate on how long or limited any extension would be, if added to the spring measure.