Senators seek changes to spy program reauthorization bill

WASHINGTON — Some senators are pushing to make changes to a House-passed bill that would extend a powerful surveillance authority for two years as differences persist over what privacy protections should be included to renew the program.

Senate Judiciary Chair Richard J. Durbin, D-Ill., and Sen. Kevin Cramer, R-N.D., filed an amendment that would install a warrant requirement for certain information collected under Section 702 of the Foreign Intelligence Surveillance Act.

And Sen. Ron Wyden, D-Ore., has called for a vote on an amendment he filed with Sen. Cynthia Lummis, R-Wyo., that would strip out a provision that his office called a “major expansion of warrantless surveillance.”

Majority Leader Charles E. Schumer, D-N.Y., said Friday morning in a floor speech that lawmakers were trying to see if there was a path to getting reauthorization legislation done quickly. But he said that “disagreements remain on how to proceed.”

“We want to get FISA done as soon as we can because it’s very important for our national security,” Schumer said. “But, as everyone knows, any one member can halt progress in this chamber, so both sides need to fully cooperate if we want to get FISA done.”

He then told his colleagues that members should be prepared to be there over the weekend if necessary. Without an agreement, the next procedural vote would be Friday night and a vote on final passage would not happen until next week.

The Section 702 authority allows the U.S. government to collect digital communications of foreigners located outside the country, but some senators have raised concerns that the program also sweeps up the communications of Americans and allows the FBI to search through data without a warrant.

Senate Minority Leader Mitch McConnell, R-Ky., said the House deserves credit for “reforming and reauthorizing” the surveillance authority and issued a dire warning if the Senate did not pass the legislation.

“Now, the Senate’s choice is clear. We can pass the House’s reform bill or, given the late hour and political reality, we can essentially doom the program to go dark,” he said. “Pass the House reform bill or give free rein to foreign intelligence operatives and terrorists to target America.”

The program expires Friday. But the Justice Department has told congressional leaders that the Foreign Intelligence Surveillance Court had taken action that would allow the program to continue to operate for up to a year even if it’s not reauthorized by April 19.

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