Freedom Caucus issues series of demands on year-end legislation in ‘Policy Festivus’

The House Freedom Caucus is voicing its displeasure with how a slew of end-of-year legislative priorities are being handled by congressional leaders and Speaker Mike Johnson (R-La.), warning that its members are prepared to vote against legislation that does not meet its standards.

An official position statement released Friday from the hard-line conservative group, which consists of around three dozen members, ran through demands on reauthorization of foreign surveillance powers; the annual bill authorizing Defense programs; overall government funding and appropriations; and border policy concessions in exchange for additional funding to Ukraine.

“The Members of the House Freedom Caucus are prepared to use all available leverage to change the status quo. We will not simply vote ‘no’ on bad legislation and go home for Christmas,” the group warned.

In a nod to the “Festivus” holiday invented by the sitcom “Seinfeld” that consists of publicly airing grievances, the group called the statement a “Policy Festivus.”

The group first addressed reauthorization of the Foreign Intelligence Surveillance Act (FISA), which had led to a floor confrontation Thursday between members of the group and Johnson. The conservatives are unhappy with Johnson’s move to include a four-month FISA extension in the annual Defense bill. 

“Any reauthorization of the Foreign Intelligence Surveillance Act (FISA) must be considered only with significant reforms and as a standalone measure. Under no circumstances should an extension be attached to ‘must pass’ legislation such as the National Defense Authorization Act (NDAA),” the Freedom Caucus said.

The House Intelligence and Judiciary committees have released competing bills on how to reform the country’s warrantless surveillance powers. Johnson said in a “Dear Colleague” letter on Thursday that he plans to bring up both bills next week under a special process that allows members to vote for their preferred measure.

The Freedom Caucus also voiced dissatisfaction with compromise NDAA legislation released this week after negotiation between House and Senate leaders, which had removed a number of conservative “culture war” proposals from the House version of the bill.

“The House and the Senate should have had a true conference negotiation on the [fiscal 2024] NDAA — as the House voted to do. It is unacceptable that a predetermined deal reached by the ‘four corners’ behind closed doors has been air dropped into the process to undermine many of the most critical House GOP positions,” the Freedom Caucus said. 

The group then turned to the longtime battle over top-line government funding levels. While key members of the group have said they will accept the $1.59 trillion discretionary spending level set as part of the Fiscal Responsibility Act (FRA) — the debt limit bill compromise that helped contribute to the ouster of former Speaker Kevin McCarthy (R-Calif.) — there is still dispute over the details and what conservatives warn are budget “gimmicks.” Johnson said in the Thursday letter that leaders are negotiating final outcomes based on the FRA.

“The appropriations topline level must significantly reduce total programmatic spending year-over-year without side deals, gimmicks, or any other mechanism designed to hide the true number,” the Freedom Caucus said.

Finally, the group turned to the ongoing discussions about border policy changes as a condition of approving aid to Ukraine — including a demand that any border costs are offset. 

“With the exception of the already passed and fully offset Israel aid package, the House must be closed for business on any supplemental spending for Ukraine or any other foreign nation unless America’s own border is fully secured with significant and verifiable improvement and the cost is entirely offset,” the Freedom Caucus said. “Finally, any bipartisan, bicameral deal on border security must include all the critical policy provisions of the Secure the Border Act, H.R. 2, at a minimum.”