The FISA punt is setting up a chaotic stretch on Capitol Hill, with GOP infighting now threatening to jam up other Republican priorities.
After a dramatic collapse on the House floor, GOP leaders have 10 days to find a path forward on Section 702 of the Foreign Intelligence Surveillance Act before the law expires April 30.
The timing couldn’t be worse. President Donald Trump’s June 1 deadline to pass immigration enforcement funding and reopen DHS is fast approaching, and Republicans are already running out of runway.
Early this week, Senate Budget Chair Lindsey Graham is expected to release text of a budget resolution that would provide up to $75 billion in funding for DHS immigration enforcement, followed by an initial vote as soon as Wednesday.
House Republicans will need to figure out their FISA deal quickly or risk having the fight weigh on the timeline for adopting the budget resolution. House GOP leaders are already planning to push back work this month on the SCORE Act — the college athletics revamp — because of the spy powers fight.
When it comes to FISA, Senate Republicans are done waiting on the House and are preparing to grab the wheel. Senate Majority Leader John Thune on Friday teed up consideration of a three-year 702 extension.
“We’ve just got to have optionality here,” he said. “I don't know what the House is going to be able to do, and so we'll be preparing accordingly.”
Speaker Mike Johnson has to figure out how to address conservatives’ concerns over warrantless surveillance potentially sweeping up U.S. citizens, as well as their demand to ban the future launch of a central bank digital currency as part of the FISA bill — which Thune told us would threaten support in the Senate.
Majority Leader Steve Scalise said in an interview that House Republicans are still figuring out a different legislative vehicle where they could attach the CBDC ban.
“We’re gonna find a place for it,” Scalise said.
Some House Republicans are hoping they just need to massage a five-year 702 extension with relatively minor changes aimed at privacy hawks. But others are predicting they’ll face the same internal schism in 10 days. Some, including Rep. Don Bacon, believe it’s time to make a deal with Democrats.
Sen. Ron Wyden is promising to “pull out all the stops” for stronger FISA reforms. Rep. Jim Himes, the top Democrat on House Intel, is finding himself performing rare “shuttle diplomacy” between GOP factions.
“What I learned tonight,” Himes said as it was all crashing down last week, “was that Republicans don't talk to each other.”
What else we're watching:
— Burgum on the Hill: A House Appropriations subcommittee will hold a hearing at 3:30 p.m. with Interior Secretary Doug Burgum. Appropriators are expected to ask him about plans to downsize the department, including a proposal to cut National Park Service staffing by almost 3,000 positions.
— SCM expulsion push: Republicans including Rep. Anna Paulina Luna will try to force a vote to expel Rep. Sheila Cherfilus-McCormick immediately after a House Ethics decision Tuesday on her punishment for ethics violations.
— Iran AUMF incoming? Sen. Lisa Murkowski said she and a group of senators are drafting an authorization for use of military force for the Iran war, as a growing number of Republicans raise public concerns about the conflict. Senate Democrats plan to force a war powers vote this week, and House Democrats may as well.
Meredith Lee Hill, Jordain Carney, Manuel Quiñones and Andres Picon contributed to this report.
