Latest spy powers proposal doesn’t have warrant requirement demanded by critics

An overview of a new draft proposal to extend the nation’s spy powers includes new reforms but stops short of adding the warrant requirement demanded by privacy hawks on the left and right.

A section-by-section plan obtained by The Hill comes amid fluid negotiations among House Republicans, and no final product has been revealed to extend Section 702 of the Foreign Intelligence Surveillance Act (FISA) past its April 30 expiration.

But the document comes as House Freedom Caucus members say they are unsatisfied with the current language being discussed.

The summary reviewed by The Hill includes language it says “complements existing law” by restating existing Fourth Amendment protections for Americans whose communications may be swept up as they speak with foreign targets.

Section 702 only authorizes the government to spy on foreigners located abroad; privacy hawks want additional protections for Americans whose communications are captured in the process.

The lack of a warrant requirement is sure to be a disappointment to those who have demanded one.

Rep. Ralph Norman (R-S.C.) was spotted holding draft text of the bill and said the language was “not to my satisfaction.”

The reforms included would direct FBI agents to get attorney approval before running any query on an American, a process that a supervisor can OK.

It would also direct the attorney general to begin a process to allow a larger pool of lawmakers to review Section 702 information at the Foreign Intelligence Surveillance Court, a process now limited to the leadership of the intelligence and judiciary committees of both chambers.

The section-by-section says the bill would renew Section 702 for three years, longer than the 18-month period requested by President Trump, who asked for a clean extension of the program with no reforms.

The discussion in the House comes after it failed to pass a bill last week, with Republicans, including some who worked on the deal, rejecting a reform proposal. The body ultimately passed a 10-day extension.

Senate Majority Leader John Thune on Thursday also filed cloture for a three-year Section 702, setting the stage for a vote in that body next week that could potentially jump ahead of the House.

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