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Johnson pursues a ‘modified’ FISA extension

Speaker Mike Johnson is trying to strike an agreement to make changes to an extension of a key spy authority ahead of a planned vote Thursday afternoon, as House GOP hard-liners continue to oppose a clean, 18-month reauthorization of the expiring program.

One option under consideration is shortening the length of the current, clean bill to extend Section 702 of the Foreign Intelligence Surveillance Act to one year — down from the 18 months favored by leadership and the White House — according to four people granted anonymity to share details of private conversations.

Those people also said there’s talk of potentially adding some new language into the rule teeing up consideration of the extension measure that would crack down on FISA abuses. It’s unclear if that portion can be agreed to.

Republicans involved in the talks have been floating a short-term extension for several days — as POLITICO first reported — if House GOP holdouts and the White House are unable to strike a deal on a longer extension ahead of the Monday deadline.

Freedom Caucus Chair Andy Harris (R-Md.) said in an interview he was fairly confident his group could secure an agreement with the Trump administration “a longer extension” by the end of Thursday. His members have been discussing an extension longer than 18 months with White House officials and GOP leaders, which ultraconservatives would consent to in exchange for Section 702 reforms.

After huddling Thursday, the Freedom Caucus prepared to pitch GOP leaders on a plan for a three-year FISA extension with “significant reforms,” according to four people.

Before this, Freedom Caucus members and other Republicans were floating a 60-day extension in the event a deal fell through. But GOP leaders have been deeply resistant to that idea, preferring a longer option that will get them through the November elections at the very least.

Asked if he would support a yearlong extension, Rep. Ralph Norman (R-S.C.) said he “probably” would, but would need to see the details of any agreement. Other conservatives are firmly uninterested in that one-year timeline.

House Majority Leader Steve Scalise acknowledged to reporters Thursday that leaders are now pursuing an extension that would be “modified” after insisting for weeks they would ram through a clean reauthorization.

Johnson, Scalise and GOP hold-outs discussed a raft of options on the House floor earlier Thursday, following a huddle on whether to pursue a short-term, emergency extension to buy time for continued negotiations past the April 20 deadline — as POLITICO first reported.

A vote on a standalone amendment that would place guardrails on the use of warrantless surveillance tactics, for which ultraconservatives are agitating, would likely not survive in the Senate and tank the entire package, Republican leaders have privately warned.

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