Senate passes bill to renew foreign surveillance program

Measure requires warrant for Americans’ data swept up in searches abroad

WASHINGTON» The Senate on Thursday passed a bill to renew a critical foreign intelligence collection program dubbed the “holy grail” because it allows U.S. spy agencies to conduct surveillance on foreign targets abroad.

The Senate voted 65-34 to reauthorize the controversial program for six years. The bill, which already has been passed by the House, now heads to the White House, where President Donald Trump has said he will sign it into law.

National Intelligence Director Dan Coats said reauthorizing the program “ensures that America’s intelligence officers can continue to use this vital tool in their 24/7 critical mission, while remaining true to the nation’s values.”

While the program focuses on targets abroad, Americans’ emails, phone calls and other communications get vacuumed up in the process of collecting the foreign intelligence. Privacy advocates and lawmakers from both parties have argued for years that government agencies should need warrants to look at Americans’ communications in the database.

The bill that passed lets the FBI keep scanning the database of the intelligence collected on foreign targets, using search terms, for information on Americans. But it would require a warrant to view the actual content in cases unrelated to national security. Exceptions would apply, such as for murder and kidnapping cases. It also would require a warrant only in criminal investigations that are in their final stages.

The bill’s proponents say the new provision will further safeguard Americans’ communications, but opponents say the warrant requirement would rarely kick in and does little to further protect the constitutional rights of U.S. citizens. The main thrust of the intelligence program, which provides insights into the thinking and actions of U.S. adversaries, is unaffected.

Before the vote, North Carolina Sen. Richard Burr, the Republican chairman of the Senate intelligence committee, called the program the “most important intelligence tool that exists” to keep America safe. He said it has been reviewed repeatedly by the courts and Congress and has been found to be constitutional.