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White House wants a reprieve in spy-powers fight that is splitting the GOP

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Some of Donald Trump’s biggest loyalists in Congress are itching to rein in federal surveillance powers. So far his administration isn’t biting.

Instead, the White House is quietly pushing for a key spy authority to be extended as is into 2027, according to five people granted anonymity to discuss the private talks. The length of that “clean” extension is still under discussion, but the administration wants at least 18 months, according to three of the people.

Stephen Miller, the influential senior White House domestic policy adviser, is a leading advocate within the administration for extending the program that lets the government collect the data of noncitizens abroad without a warrant, according to two of the five people. One of the people said that Miller sees the spying statute under Section 702 of the Foreign Intelligence Surveillance Act, or FISA, as critical to a variety of homeland security missions.

The behind-the-scenes push comes as Congress barrels toward an April 20 deadline to reauthorize Section 702, which is itself a perennial source of intraparty tension for the GOP. Even as some Hill Republicans believe that Trump supports a clean extension, others cautioned there are still two months to go and things will remain in flux until the president weighs in publicly — underscoring the fraught nature of the discussion.

But if Trump embraces the view held by Miller and other administration officials, it would be a major win for the intelligence community and its allies in Congress, who have fretted for months that Trump’s stated hatred of the broader FISA law could tank hopes of getting any reauthorization of the warrantless spy provision over the finish line.

On the other hand, it’s likely to be a major problem for Speaker Mike Johnson, a former Judiciary Committee member who frustrated conservative hard-liners in 2024 when he sided with the Intelligence Committee and cast the deciding vote to reject a new policy requiring law enforcement to obtain a warrant before searching for Americans under Section 702 surveillance.

GOP leaders are involved in conversations with House Republicans about how to reauthorize the program, but there is not yet a consensus on how to move forward ahead of the April deadline.

Ultimately, there’s no easy path to pass a clean extension in the House. One of the people with knowledge of the discussions said GOP leaders are “going to have a problem” trying to unite Republicans behind a special “rule” allowing for an up-or-down floor vote on a clean extension, which are typically party-line affairs.

But Republicans also believe that with Trump in office, a number of Democrats who previously supported leaving Section 702 intact will now support putting more fetters on intelligence agencies — making the alternative route, a two-thirds-majority bipartisan vote under suspension of the rules, all but impossible.

Asked about trying to pass a clean 702 extension, House Intelligence Committee Chair Rick Crawford (R-Ark.) said in an interview that “we’re still shopping that.”

“I have a responsibility to … run the play that the coach calls, so we’ll see,” he said, acknowledging that while he’s “not a mathematician” that it’s unlikely any bill will be able to clear the two-thirds hurdle for speedy passage.

Across the Capitol, Senate Intelligence Committee Chair Tom Cotton (R-Ark.) has been pitching a clean 18-month extension, with some members of his panel interested in going even longer. But lawmakers have also grown frustrated after administration officials were evasive about their position in recent Capitol Hill meetings, with one person saying Wednesday they still had not been informed of the White House’s official posture.

Intelligence officials have argued in public that the 702 program is critical to stopping a wide range of national security threats, from narcotics trafficking and weapons proliferation to cyberattacks and terrorism. U.S. spy agencies are also authorized to use the authority to vet foreigners trying to enter the country or seeking certain benefits under federal immigration law.

Miller was one of the architects of the Trump administration’s policy of bombing suspected drug trafficking boats in the Caribbean and the Pacific under the controversial legal theory that their crews were “combatants” in an armed conflict against the U.S.

The White House did not provide a comment about its position on extending the program. The Office of the Director of National Intelligence did not respond to a request for comment.

Beyond the surveillance policy itself, any 702 extension will face other problems getting through the House: Trying to pass a bill under a rule would give an opportunity to Rep. Anna Paulina Luna (R-Fla.) and her allies to make good on their threat to attach a partisan voting bill, the SAVE America Act. If that effort were successful, it would kill the ability for Republicans to get the Democratic votes they will inevitably need to pass the legislation in the House.

Lawmakers at the heart of the debate know they are quickly running out of time to figure out a strategy. The House is planning to be out of session for three of the coming eight weeks before Section 702 expires.

“April 20 is the deadline, so we’ve got to work fast,” Crawford said, adding that “obviously the White House has vested interest in retaining 702, authority. It’s a national security issue. So, you know, it’s very important to them.”

Crawford and Judiciary Committee Chair Jim Jordan (R-Ohio) are in talks over a potential compromise effort that could put new guardrails on Section 702 surveillance. They’ve participated in a joint meeting at the White House and held staff dinners to try and feel out a compromise — which would be a huge relief for Johnson if it could come together.

But the two panels have historically diverged, particularly on the warrant issue. There’s already skepticism that Jordan or his panel’s members will drop their demands to require warrants in relation to Americans caught in the surveillance data just because the White House is pushing for a clean extension.

Jordan indicated to POLITICO late last year that he was hoping to get a warrant requirement written into law, along with a separate proposal banning data brokers from selling information to law enforcement without a warrant.

But he was more general in comments last week, where he noted there are ongoing conversations about possible additional changes Congress could make while also offering a more measured assessment of the overall program.

“We know 702 is important,” Jordan said. “We know it needs to get reauthorized. We’re committed to getting that done. We just want to do it in the best way possible so that you can get the bad guys, know what the bad guys are doing overseas, but also protect Americans, and I’m confident we’ll get there.”

But some hard-liners in both chambers are as insistent as ever on the need for a warrant requirement.

Rep. Andy Biggs (R-Ariz.) asked Attorney General Pam Bondi about it during her appearance last week before the House Judiciary Committee. And Sen. Mike Lee (R-Utah) said Congress “has no business” reauthorizing Section 702 without adding a warrant requirement for searches involving U.S. persons — a provision that supporters of the program believe would be unworkable.

Lee and Sen. Dick Durbin of Illinois, the top Democrat on the Senate Judiciary Committee, are planning to revive a bill that would extend Section 702 with changes, including a warrant requirement for searching the content of communications involving Americans, according to a person granted anonymity to disclose the unannounced effort.

“I think a lot of members still want to be able to have some semblance of a warrant requirement when it comes to FISA 702 uses,” Rep. Byron Donalds (R-Fla.) said. “I don’t really see that changing anytime soon.”

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Congress

Republicans’ faith in Mike Johnson is fading fast

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Speaker Mike Johnson faced down a bruising “hell week” and ultimately pulled several key GOP bills across the line. But it came at a cost.

Republicans say Johnson’s habit of making last-minute, often contradictory promises to keep his tiny majority functioning is starting to catch up with him. Frustrations over his leadership, they say, are at an all-time high.

“I think this guy has divided us with a smile,” said Rep. Max Miller (R-Ohio), a longtime Johnson skeptic who has grown more vocal with his criticism and now says “without question” he will vote against keeping Johnson as top GOP leader in the next Congress.

This week’s chaos came to a head late Wednesday, with multiple members of key Republican factions yelling and swearing at Johnson on the House floor and in closed-door meetings.

Johnson tried to quell a rebellion among conservative hard-liners by privately reneging on an agreement with a group of midwestern Republicans that would have tied legislation allowing year-round sales of an ethanol fuel blend to the must-pass farm bill.

When some of the ethanol provision’s backers ran back to the floor to try to figure out what happened, they were too late. Some later confronted Johnson, who is now promising a future vote on the matter.

“Bullshit,” Rep. Ann Wagner (R-Mo.) yelled at the speaker as he tried to explain what happened later in the day, according to three people who participated in the huddle and spoke on the condition of anonymity.

This week’s floor chaos was just the latest example of Johnson leading crisis by crisis, ultimately pulling off GOP priorities but leaving a trail of disgruntled members and staffers in his wake, according to more than a dozen Republicans interviewed for this story.

It all comes as rank-and-file lawmakers grow increasingly worried about their ability to govern over the coming months and retain their majority in November — and amid quiet conversations about who else might be capable of leading the House GOP. While Johnson successfully managed this week to end the record shutdown of the Department of Homeland Security and fend off the lapse of a key surveillance program, more challenges loom.

A long-term deal to maintain those spy powers remains elusive, the Senate is expected to reject the farm bill House Republicans approved Thursday and members are agitating for yet another party-line reconciliation bill that stands to continue surfacing the GOP’s internal divides.

Johnson told reporters Thursday that complaints about his leadership style amounted to “fake news.”

“No one in this conference can say that I went against my word on anything,” he said. “You had requests and demands on opposite sides of the conference that were literally irreconcilable. If you meet one group’s demands, you can’t meet the other. And so it takes a lot of time to get people to a consensus and an agreement on that.”

“Everybody’s very happy with their work,” Johnson said. “It’s all smiles.”

Wagner hardly appeared thrilled as she recounted Wednesday’s events in an interview Thursday.

“We were promised a vote on this,” she said of the ethanol measure. “We went back to do our work in our offices, and then a deal was cut on the floor. … And once we became aware of it, we needed to extend those discussions.”

The ethanol measure, allowing year-round sales of a fuel blend high in corn-derived alcohol, vexed a coalition of Republicans who saw the measure as harming petroleum and refiner industry interests in their districts as well as ultraconservatives who had ideological objections.

The result of the infighting was that a Wednesday vote on the budget blueprint for a planned immigration enforcement funding bill stayed open for more than five hours as dozens of Republicans withheld their votes until they got a satisfactory response.

To placate them, Johnson ultimately agreed to delay consideration of the farm bill for a time — only to reverse himself again after livid ag-state members demanded a vote on the farm bill before the scheduled weeklong recess, leaving the ethanol issue for later.

That in turn enraged hard-liners like Rep. Chip Roy (R-Texas), who accused Johnson of going back on his word from only a few hours earlier.

In a closed-door meeting just off the House floor Wednesday night, Rep. Mariannette Miller-Meeks (R-Iowa) complained about how farm-state members always vote in line with GOP leadership only to get jilted on their own priorities.

During a separate “family meeting” in Johnson’s office, Rep. Michelle Fischbach (R-Minn.), who sits in a Johnson-appointed slot on the Rules Committee, asked why they should believe the speaker when he promised a future vote on the ethanol issue. Johnson had already promised the group a vote in late February that did not materialize.

Miller, a former White House aide to President Donald Trump, said he ultimately agreed to vote for the budget measure out of his support for Trump and after Homeland Security Secretary Markwayne Mullin personally asked him to. But he said the episode demonstrated why he thinks Johnson is unfit to lead Republicans beyond this Congress.

“It’s pretty debilitating when you’re supposed to follow a guy into battle, and I wouldn’t trust him to get out of a wet paper bag with an M4,” he said.

Johnson was happy to put the 76-day DHS shutdown behind him Thursday, telling reporters that “sometimes it’s an ugly process” but that he has “never broken my word to a single person in this building.”

But the instances of disarray on the floor have piled up in recent months, and not all of them can be attributed solely to the GOP’s tiny majority. Last week, Johnson and other leaders appeared unaware of serious concerns in his conference’s ranks about legislation curbing Endangered Species Act protections. They were forced to postpone consideration of the bill.

The week before that, the House cleared an extension of temporary immigration protections for people from Haiti — the latest instance where a Democratic-led discharge petition had succeeded in commandeering the GOP agenda.

Many Democrats have been happy to watch the internal drama and gloat, mocking the GOP’s disarray and papering over the pains their own caucus experienced when they were in power. But they have insisted the drama of the past few months stands alone.

“First reaction is: ‘Oh, my God, this would never happen under Nancy Pelosi,’” Rep. Don Beyer (D-Va.) said in an interview, harking back to speakers of the past. “In fact, it probably wouldn’t have happened under John Boehner or Paul Ryan or even Kevin McCarthy.”

Johnson has defenders inside the GOP ranks, such as Rep. Mike Lawler (R-N.Y.), who said “he’s doing fine” and “the bills are moving.” He also continued to enjoy the support of the most important Republican — Trump — who has shown no outward sign of dismay with Johnson’s leadership.

“These are complex issues, and sometimes they take more than five minutes to work through,” Lawler said.

Johnson will be tested as soon as lawmakers return from recess. The pro-ethanol Republicans say Johnson pledged to orchestrate a standalone vote on their measure the week of May 12, according to six people involved in the talks. Many Republicans expect it to fail since it will no longer be attached to a must-pass bill.

“Do I believe him? Probably not,” one of the House Republicans involved said about that timeline.

Wagner, when asked whether she had confidence in Johnson and GOP leaders, singled out House Majority Leader Steve Scalise for having “really stood up in the pack” and “gave his word in terms of how we would move forward.”

Even the members who weren’t part of the back-and-forths over ethanol blends or surveillance safeguards or budget priorities this week were dismayed by how it all went down.

Rep. Daniel Webster (R-Fla.), a veteran House member who announced his retirement earlier this week, parked himself on the House floor during part of the meltdown. Asked later what he thought of the interactions, he said, “I just thought we got to get it together.”

“We probably didn’t have it together when we started voting,” he said. “Probably should have waited until we were sure. It’s a lot of wasted time.”

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Congress

Anthropic, OpenAI back Warner-Budd workforce data bill

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A bipartisan Senate bill that would create a federal framework to track how artificial intelligence is reshaping the U.S. workforce has won backing from Silicon Valley tech giants including Anthropic, Google, Microsoft and OpenAI.

Sens. Mark Warner (D-Va.) and Ted Budd (R-N.C.) introduced the Workforce Transparency Act on Thursday, which intends to give Washington the real-time information needed to develop policy solutions for economic disruption and job losses associated with the technology.

The legislation would direct the Labor Department to collect and publish anonymized data on AI adoption across the public and private sectors. Data collected would include how workers use the technology and how that usage evolves over time.

The proposal comes as anxiety rises in Washington about the long-term effects of AI on the labor market and as both political parties craft messaging to respond to public concerns about the technology.

It would also establish a voluntary reporting system where companies and agencies can submit AI adoption data, and would then make anonymized versions of the data available to businesses, researchers and agencies.

Microsoft’s Corporate Vice President of U.S. Government Affairs Fred Humphries said the framework is helpful for “understanding AI deployment, productivity gains, and the creation of new jobs.”

“We know AI is beginning to transform work, but we don’t have enough data to understand how,” said Joshua New, director of policy at SeedAI, a nonprofit focused on American AI readiness that’s backing the bill.

The proposal is also supported by Alliance for Secure AI, Business Software Alliance, SCSP Action Program and Erik Brynjolfsson, a senior fellow at the Stanford Institute for Human-Centered AI.

Warner has made this issue a cornerstone of his reelection campaign, launching an ad in December highlighting how the rise in AI adoption is coinciding with steep job losses and an affordability crisis in the U.S.

CLARIFICATION: Updates to clarify Fred Humphries’ job title.

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Congress

Trump signs DHS legislation, ending record-breaking shutdown

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President Donald Trump signed bipartisan legislation on Thursday to fund key agencies at the Department of Homeland Security, officially concluding the record-breaking shutdown.

After more than 10 weeks, the president’s signature restores funding to the Coast Guard, TSA, Secret Service, FEMA and the Cybersecurity and Infrastructure Security Agency, along with other sub-agencies that don’t touch immigration enforcement. Congressional Republicans are separately working to enact tens of billions of dollars for Border Patrol and Immigration and Customs Enforcement through a party-line reconciliation package, a process that progressed this week with the adoption of a framework to unlock a special budget authority to bypass the Senate filibuster.

House Republicans pushed past internal divisions as the White House and DHS warned stopgap funds to cover missed paychecks — pulled from the One Big Beautiful Bill — would run out within days. Agencies were bracing for additional furloughs as soon as next week, as DHS staffers were expected to get their final paychecks on May 8, according to an administration official, granted anonymity to share the timing.

While some immigration agencies have yet to be funded, enforcement operations were already paid for under last year’s GOP megabill. ICE and Border Patrol agents never missed a paycheck.

Still, the DHS shutdown dragged on for 76 days, leaving the agency in limbo at a critical moment on a number of fronts — from national security concerns to hurricane preparedness and lingering impacts on U.S. travel. During that time, Secretary Kristi Noem was fired and Sen. Markwayne Mullin confirmed as the new head of the agency, while the lengthy shutdown left staff dejected at a time when the department was trying to regain its footing after months of turmoil.

The agency, which oversees ICE and CBP, has been at the center of the monthslong funding fight on Capitol Hill. In the wake of the Trump administration’s deadly operation in Minneapolis, Democrats stayed united in resisting additional funding for those agencies without additional guardrails placed on immigration enforcement. Democrats ultimately failed to gain significant policy concessions from the Trump administration, and have questioned why the White House needs more funding for immigration agencies when it has billions remaining for border security and deportations from last year’s GOP megalaw.

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