The agency opposes an amendment that prevents it from using data brokers.

The NSA have approached lawmakers charged with its oversight about opposing an amendment that would prevent it from paying companies for location data instead of obtaining a warrant in court.

Introduced by US representatives Warren Davidson and Sara Jacobs, the amendment would prohibit US military agencies from "purchasing data that would otherwise require a warrant, court order, or subpoena" to obtain. The ban would cover more than half of the US intelligence community, including the NSA, the Defense Intelligence Agency, and the newly formed National Space Intelligence Center, among others.

The House approved the amendment in a floor vote over a week ago during its annual consideration of the National Defense Authorization Act, a "must-pass" bill outlining how the Pentagon will spend next year’s $886 billion budget. Negotiations over which policies will be included in the Senate’s version of the bill are ongoing.

In a separate but related push last week, members of the House Judiciary Committee voted unanimously to advance legislation that would extend similar restrictions against the purchase of Americans' data across all sectors of government, including state and local law enforcement. Known as the "Fourth Amendment Is Not For Sale Act," the bill will soon be reintroduced in the Senate as well.

A government report declassified by the Office of the Director of National Intelligence last month revealed that US intelligence agencies were avoiding judicial review by purchasing a "large amount" of "sensitive and intimate information" about Americans, including data that can be used to trace people’s whereabouts over extended periods of time. The sensitivity of the data is such that "in the wrong hands," the report says, it could be used to "facilitate blackmail," among other undesirable outcomes. The report also acknowledges that some of the data being procured is protected under the US Constitution’s Fourth Amendment, meaning the courts have ruled that government should be required to convince a judge the data is linked to an actual crime.