Lawmakers are struggling to come up with a deal to extend expiring intelligence programs.
With Congress out of session until Monday, lawmakers now have just four working days to get legislation through both chambers and to President TrumpDonald John TrumpSurveillance deal elusive as deadline looms Coronavirus fears disrupt daily life The Memo: Biden poised for gains in next waves of primaries MORE’s desk by the March 15 deadline.
How that gets done, or what a final bill would like, remains unclear as the surveillance fight has sparked deep political and policy divisions on both sides of the aisle and in the House and Senate.
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Sen. John ThuneJohn Randolph ThuneSurveillance deal elusive as deadline looms Schumer, Roberts clash inflames partisan rift over Supreme Court As Biden surges, GOP Ukraine probe moves to the forefront MORE (S.D.), the No. 2 Senate Republican, acknowledged that debate over expiring provisions in the USA Freedom Act, as well as whether to tackle broader surveillance reforms, was an open question this late in the game.
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“I think, as you know, we’re not all in the same place,” Thune said. “I would say the consensus position in the conference is that everybody wants to explore reforms … the question is what’s the best way to get that done.”
In the House, leadership is trying to quietly negotiate a larger deal that they believe could get through the House before they leave town on Thursday.
Speaker Nancy PelosiNancy PelosiSurveillance deal elusive as deadline looms Hillicon Valley: Barr offers principles to prevent online child exploitation | Facebook removes misleading Trump census ads | House passes bill banning TSA use of TikTok Women ask ‘if not now when?’ after Warren exits presidential race MORE (D-Calif.) said she is pushing for a reauthorization, not just an extension, of the three expiring provisions that deal with roving wiretaps, lone wolf surveillance and a controversial records program that allows the government to request phone metadata.
“We have to have a reauthorization,” Pelosi told reporters. “We’re having our own negotiations within our own group, but also among the Democrats and vis a vis the Republicans.”
She said she is “hoping” they will have a bill ready for a floor vote next week.
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House Minority Leader Kevin McCarthyKevin Owen McCarthySurveillance deal elusive as deadline looms McCarthy: Senate Democrats should reevaluate leadership after Schumer comments Garth Brooks accepts Library of Congress’s Gershwin Prize for Popular Song MORE (R-Calif.) has been negotiating with Democrats, including House Majority Leader Steny HoyerSteny Hamilton HoyerSurveillance deal elusive as deadline looms Garth Brooks accepts Library of Congress’s Gershwin Prize for Popular Song House passes .3 billion measure to fight coronavirus MORE (D-Md.), on a potential agreement, though McCarthy told reporters on Thursday that he was still waiting to hear back from his counterparts on the latest GOP offer.
“I would like to … get us to a point where we can find some compromise, find some reforms. I believe that we can get there. We have been talking with Steny Hoyer on the Democrats in the appropriate committees. We have made ideas across to them,” McCarthy said.
A Democratic leadership aide said they responded to the GOP offer on Thursday “and staff from the committees and leadership are continuing to meet.” Hoyer described the talks as “ongoing.”
The House Judiciary Committee last week pulled a bill, negotiated by Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerDigital rights activists raise money for billboard criticizing Schiff over surveillance fight This week: House to vote on legislation to make lynching a federal hate crime Congress set for clash over surveillance reforms MORE (D-N.Y.) and Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffSurveillance deal elusive as deadline looms Could America’s diplomats function under President Sanders? Dems unlikely to subpoena Bolton MORE (D-Calif.), that would have extended most of the expiring provisions after Rep. Zoe LofgrenZoe Ellen LofgrenSurveillance deal elusive as deadline looms GOP lawmaker introduces bipartisan guest worker bill Trump tells Republicans he won’t extend surveillance law without FISA reforms MORE (D-Calif.) threatened to force votes on several amendments related to the Foreign Intelligence Surveillance Act (FISA).
Schiff said negotiators have “considerably narrowed the gap,” but “have more work to do.” He declined to provide specifics.
“I certainly hope we can get a deal by next week, but I don’t know,” Nadler added.
Progressives and libertarian-minded GOP lawmakers have warned for years that they do not believe the FISA Court provides enough transparency or privacy protections for individuals targeted for surveillance.
But those concerns about surveillance abuse found a broader audience among Republicans after Justice Department Inspector General Michael Horowitz found 17 “significant inaccuracies and omissions” as part of the warrants for Trump campaign adviser Carter Page.
Hoyer said both sides had “agreed on a number of items,” but warned that Horowitz’s report had “nothing to do with” the USA Freedom provisions that were set to expire.
“The focus on a non-related … issue is slowing up this process. And I would hope that in the coming days, because the 15th is upon us, we come to an agreement,” Hoyer said.
Trump, during an interview Wednesday night with Sean HannitySean Patrick HannitySurveillance deal elusive as deadline looms Coronavirus mortality rate likely to drop, health experts warn Pelosi knocks Trump, accusing president of spreading falsehoods about coronavirus MORE, argued that the FBI “weaponized FISA” and “used it horribly.”
Trump met with several Republicans and Attorney General William BarrWilliam Pelham BarrSurveillance deal elusive as deadline looms Hillicon Valley: Barr offers principles to prevent online child exploitation | Facebook removes misleading Trump census ads | House passes bill banning TSA use of TikTok Judge demands unredacted Mueller report, questions Barr’s ‘credibility’ MORE at the White House this week to try to break the stalemate over the path forward on the expiring intelligence provisions. Barr and McConnell, who also attended the meeting, have backed a “clean” reauthorization of the expiring programs.
McConnell told reporters that his “preference” would be to extend the expiring provisions of the USA Freedom Act without making any changes.
“But there are differences among my members and among the Democrats on the way forward. Whether we can resolve those and pass new legislation is unclear,” McConnell said during a weekly leadership press conference.
The meeting with Trump made clear that broader FISA reforms were inevitable, according to attendees.
“I think we stand with the president in this,” Rep. Doug CollinsDouglas (Doug) Allen CollinsSurveillance deal elusive as deadline looms The Hill’s Campaign Report: Biden riding wave of momentum after stunning Super Tuesday Lawmakers grill Amazon, eBay executives over online counterfeits MORE (R-Ga.), who was in the meeting, told Fox News. “As President Trump has said, this should not happen to anybody.”
But locking in broad surveillance reforms before the March 15 deadline would be a significant lift, according to lawmakers. The House and Senate already have other legislation scheduled for the floor next week, including a mammoth energy bill in the Senate and a war powers resolution in the House.
Some lawmakers are warning they will need to pass a short-term extension, ranging from a month to three months, to buy themselves more time to negotiate the larger surveillance reforms.
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“I don’t think … you’re going to have a meeting of the minds about what a statue looks like” before the deadline, said Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamSurveillance deal elusive as deadline looms Hillicon Valley: Barr offers principles to prevent online child exploitation | Facebook removes misleading Trump census ads | House passes bill banning TSA use of TikTok The Hill’s Campaign Report: Warren exits, setting up Sanders, Biden battle MORE (R-S.C.).
Sen. John CornynJohn CornynSurveillance deal elusive as deadline looms Hillicon Valley: Barr offers principles to prevent online child exploitation | Facebook removes misleading Trump census ads | House passes bill banning TSA use of TikTok Senators urge Americans to ‘wake up’ to security threats of Chinese-made metros, buses MORE (R-Texas), a member of the Intelligence Committee, pitched a three-month extension, which would be similar to the 90-day provision that was put into a government funding bill last year.
“I think the only thing we’re talking about is a short-term reauthorization,” he said.
Trump told Republicans that he would not sign an extension of the expiring USA Freedom Act provisions without changes to the surveillance court, sources told The Hill. How long of a short-term patch Trump would be willing to sign remains unclear.
“I think that will be one of the uncertain aspects on all this: what the president would sign,” Thune said.
Mike Lillis contributed.