It took boxes of pizza and crates of Celsius for Republicans to get a 10-day extension on Section 702 of the Foreign Intelligence Surveillance Act through the House of Representatives. Now Congress is on track to temporarily avoid a lapse in a law that authorizes intelligence agencies to spy on foreign threats abroad.
The extension was approved shortly after 2 a.m. ET by voice vote to allow members to continue negotiating reforms that would prevent warrantless searches of Americans’ data caught up in intelligence gathering.
“There’s this forever balance between, you know, you want to make sure we’re understanding what the bad guys overseas are doing but wanna do it in a way that always protects American liberties,” Rep. Jim Jordan, who once wanted to add privacy protections but now backs the clean extension sought by Republican leadership and the White House, said during the negotiations late Thursday.
The dinner and energy drinks were wheeled into Speaker Mike Johnson’s office Thursday night, where leaders huddled with the House Freedom Caucus and intelligence committee members as other lawmakers waited, uncertain about their vote schedule.
Trending
The 10-day extension was approved after two failed floor votes: One on a 5-year extension with minor reforms, and another on a clean 18-month extension President Donald Trump supported.
“Many people don’t realize quite the range of ideas and talents that we have in the Republican conference, and it does sometimes take us a while to consider all of the ideas that members have,” Rep. Virginia Foxx said during the floor debate before the first of those votes.
The issue now goes to the Senate.
Even with this temporary salve to avoid hitting the April 20 expiration date, Johnson will still face protest from members of his party. A handful of conservatives are continuing to push to make changes to the final bill, despite Trump’s preference. Nearly all Republicans and many Democrats support extending FISA, but the holdouts want more protections for Americans’ communications with foreign persons.
“Nobody’s asking that you abolish 702,” Rep. Andy Biggs, who supports additional privacy guardrails, told reporters this week. “We’re perfectly content if you’re looking at foreign persons without a warrant. The question is, what do you do about U.S. citizens?”
Reauthorizing 702, which happens every few years, is usually controversial, and a rare bipartisan coalition has brokered reforms in the past. In this instance, members of the intelligence community teamed up with Republican leaders to push back on a group of conservative hardliners, complicating a solution despite the fact that Republicans have a majority in both chambers. The floor drama had been months in the making.
“We do love and trust this president, but that doesn’t mean we can step away from our obligations to make obvious constitutional corrections to a pretty major piece of legislation that’s up for reauthorization,” Rep. Clay Higgins, who has been driving a warrant requirement and other reforms for weeks, told NOTUS in recent weeks. “We’re trying to strengthen this thing, not kill it.”
Trump and White House officials pressed holdouts all week. Trump summoned a handful of members to the White House late Tuesday night to push holdouts to extend, but many of the most staunch reformers did not attend. CIA Director John Ratcliffe at one point traveled to Capitol Hill to make the case to the entire conference about the importance of keeping FISA active.
In the end, Johnson and Republican leaders proposed a 5-year extension that added some reforms, including requiring agents to seek a warrant and present probable cause to look into Americans’ data with 702. That failed, and so did the second vote on a clean 18-month extension.
In the Senate, a longer clean extension will face an uphill battle, with many Democrats and a few Republicans also seeking privacy reforms.
Sign in
Log into your free account with your email. Don’t have one?
Check your email for a one-time code.
We sent a 4-digit code to . Enter the pin to confirm your account.
New code will be available in 1:00
Let’s try this again.
We encountered an error with the passcode sent to . Please reenter your email.