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Policy & Law

Republicans Battle Déjà Vu as They Return to Tackle Reconciliation Bill, FISA Extension

Intraparty disputes over a $1.776 billion anti-weaponization fund and warrantless surveillance authority have left Republicans no closer to resolution than a month ago.

Chuck Schumer — Chuck Schumer official photo (cropped)
Photo: U.S. Senate Photographic Studio/Jeff McEvoy (Public domain) via Wikimedia Commons
⚡ The Bottom Line

Republicans face two approaching deadlines with unresolved internal disputes. If Congress fails to act before June 12, Section 702 surveillance authorities will expire, potentially disrupting intelligence collection operations. The immigration reconciliation package remains stalled over concerns that the anti-weaponization fund could provide compensation to January 6 rioters convicted of assaul...

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Senate Republicans departed Washington last week without passing an immigration enforcement funding package after disagreements over a $1.776 billion so-called "anti-weaponization fund" derailed plans to move the measure before President Trump's self-imposed June 1 deadline. At the same time, negotiations over extending Section 702 of the Foreign Intelligence Surveillance Act (FISA) — which is set to expire on June 12 — have stalled amid Republican divisions over privacy protections and a central bank digital currency ban.

The lack of action on both fronts has fueled frustration among Republicans, many of whom had hoped to notch major legislative victories as the midterm election cycle ramps up. The disputes highlight the challenges facing House Speaker Mike Johnson (R-La.) and Senate Majority Leader John Thune (R-S.D.) as they navigate razor-thin GOP margins in both chambers.

What the Left Is Saying

Democrats have largely watched from the sidelines as Republicans struggle with their internal disagreements, though several party members have signaled opposition to key Republican proposals. On FISA, progressive Democrats and privacy advocates have long pushed for stronger warrant requirements before intelligence agencies can access Americans' communications under Section 702 surveillance authorities.

The anti-weaponization fund has drawn criticism from Democratic lawmakers who argue it could benefit individuals involved in the January 6, 2021 Capitol attack. Senate Minority Leader Chuck Schumer (D-N.Y.) has not issued a formal statement on the reconciliation package, but Democratic aides have suggested the party is unlikely to provide votes for measures they view as punitive toward law enforcement or favorable to rioters convicted of assaulting officers.

On immigration, Democrats have generally favored comprehensive reform over increased enforcement funding alone. Rep. Bennie Thompson (D-Miss.), who has been involved in oversight matters, has previously argued that any immigration legislation should include pathways for undocumented residents already integrated into their communities.

What the Right Is Saying

Republicans blame intra-party disagreements rather than Democratic opposition for the legislative paralysis. Rep. Buddy Carter (R-Ga.), who was defeated in the Georgia Senate GOP primary, expressed frustration with the pace of progress.

"You know, this can be a very frustrating place. There's no question about that, but yeah, I wish we could get more done," Carter said.

Rep. Don Bacon (R-Neb.) offered a blunter assessment. "I think we're living in a little bit of dysfunction and chaos," he said. Bacon argued that bipartisan cooperation could move FISA forward quickly. "We have to get FISA done. We got to fund Border Patrol and ICE [Immigration and Customs Enforcement]. I mean, those are just the requirements, and if we work with 60 Democrats on FISA, we can get this done pretty quick."

Rep. Byron Donalds (R-Fla.) placed responsibility on the Senate, calling them "lazy senators" who have failed to take up House-passed legislation including a three-year FISA extension with a CBDC ban. "Asking us what we're doing. Oh, what are they doing? Maybe they should communicate," Donalds added.

Rep. Eric Burlison (R-Mo.), a member of the far-right House Freedom Caucus, expressed frustration that negotiations on Section 702 reforms have repeatedly stalled. "People's minds are made up on this, so we need to just — we were almost there. We were almost at a point where we had an agreement," he said.

Rep. Brian Mast (R-Fla.) remained confident despite the obstacles. "I am confident everything will get done. I can't tell you what day," he said.

What the Numbers Show

The immigration reconciliation package includes $1.776 billion for the so-called anti-weaponization fund, which would compensate individuals who believe they were unfairly investigated or prosecuted under the Biden-era Department of Justice. Senate parliamentarians ruled against a separate provision that would have included $1 billion in Secret Service funding for security upgrades at the White House.

Section 702 of FISA currently expires on June 12 without congressional action. The surveillance authority allows intelligence agencies to collect communications of foreign targets without individual warrants, though it incidentally captures some American communications. Congress has passed two short-term extensions while negotiations continue over permanent reform.

House Republicans have passed a three-year extension measure that includes a permanent ban on central bank digital currencies, but Senate Majority Leader Thune warned that tying the CBDC ban to FISA reauthorization would make the package "dead on arrival" in the upper chamber. The House measure has not received a Senate floor vote.

The Bottom Line

Republicans face two approaching deadlines with unresolved internal disputes. If Congress fails to act before June 12, Section 702 surveillance authorities will expire, potentially disrupting intelligence collection operations. The immigration reconciliation package remains stalled over concerns that the anti-weaponization fund could provide compensation to January 6 rioters convicted of assaulting police officers.

Johnson has options on FISA — he could pursue a two-thirds vote through suspension of rules, which would require Democratic support, or attempt to pass a long-term extension with near-unanimous Republican backing. On immigration, Thune has said the White House needs to address Senate Republicans' concerns about the anti-weaponization fund before the chamber returns from Memorial Day recess.

Rep. Tim Burchett (R-Tenn.) expressed skepticism about meeting upcoming deadlines. "No, I'm not confident at all," he said when asked whether lawmakers would meet the FISA deadline.

Sources