GOP leaders delay FISA vote amid GOP rebellion

House GOP leaders postponed a Wednesday procedural vote on an extension of a key federal spy powers program as they scramble to land a deal with hard-liners around changes — acknowledging the truly “clean” extension that President Donald Trump is demanding is currently DOA in the chamber.

There are ongoing discussions around modifying the clean, 18-month extension of the surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, that Trump is ordering. GOP leaders acknowledged in private conversations Tuesday night and publicly Wednesday morning that at least some tweaks are necessary to quell a GOP rebellion that could lead to Section 702’s expiration April 20.

Republican leaders are still hoping to hold a procedural vote later Wednesday to pave the way for floor consideration of the measure, if they can strike an agreement with hold-outs around some changes. A final vote would then happen around 10 p.m. Wednesday. But Speaker Mike Johnson was noncommittal in an interview late Wednesday morning if all that could still happen. “We’ll see,” he said.

Conversations around potential changes picked up Tuesday night, as POLITICO first reported. Holdouts are asking for guardrails on the program, including warrant requirements; the White House is open to making changes in this regard but likely in a more watered-down capacity than what hard-liners have been seeking.

Ultraconservatives are also pushing House GOP leaders and the White House to follow through on a previous promise to advance a ban on a central bank digital currency, known as CBDC. House GOP leadership and the White House are pushing for a longer Section 702 extension in exchange for advancing that policy or other reforms, while some hard-liners want the promised CBDC ban passed as a standalone rather than attached to the FISA bill.

Majority Leader Steve Scalise said in an interview that White House officials, GOP leaders and Republican holdouts are discussing some “potential amendments.” He added, “We’re still negotiating.” He maintained GOP leaders and White House officials won’t incorporate any changes that undermine the underlying government surveillance program.

Nothing has been agreed to. And Scalise said in an earlier interview leaders would likely incorporate “minor tweaks” into the procedural rule governing floor debate on the underlying bill — if the White House approves.

So far, however, conversations have not sufficiently moved the needle. Hard-liners aren’t budging, continuing resisting renewed calls from Trump and an increasingly aggressive pressure campaign from the administration. That includes a detailed presentation from CIA Director John Ratcliffe at Wednesday morning’s closed-door House GOP Conference meeting on the need for a clean extension.

“Look, he's the executive, we're the legislative, and we're going to see a little bit of conflict between those two today,” Freedom Caucus Chair Andy Harris (R-Md.) said Wednesday, referring to the president.

GOP Reps. Michael Cloud of Texas, Andrew Clyde of Georgia and other hard-liners stood up in the GOP Conference meeting to raise their concerns about a clean reauthorization and continued push for overhauling the program. Some Republicans grew irritated that Ratcliffe “filibustered” until close to the end of the meeting’s scheduled conclusion to avoid taking challenging questions, according to four people in the meeting.

Even before the rule vote was postponed, several rank-and-file members said they were not confident the rule would be adopted.

“There are some who will vote against the rule for sure,” said one House Republican granted anonymity to speak candidly. “It's a math issue.”

Democrats aren’t expected to help Republicans overcome the procedural rule, even though some of them support a reauthorization without policy changes at this time. The top Democrats on the House Intelligence and Judiciary Committees — Reps. Jim Himes of Connecticut and Jamie Raskin of Maryland, respectively — discussed a joint proposal for a package of FISA overhaul provisions at their party’s weekly caucus meeting Monday morning, which they plan to attempt to advance if the Republicans' rule fails, according to two people in the meeting.

A fail safe option, if negotiations don’t yield results soon, is to pursue a very short term clean extension — possibly a few months — to buy more time for talks. White House officials and GOP leaders are trying to avoid that scenario.

Riley Rogerson contributed to this report.