Transcripts For CSPAN U.S. House Of Representatives FISA Sub

CSPAN U.S. House Of Representatives FISA Substitute Amendment Debate January 12, 2018

This is 30 minutes. Thank you mr. Speaker. I yield myself as much time as i can consume. Under the usa writes act, the government can still use section 702 for its purpose of surveilling foreigners overseas. The government can continue to share, store, and access that data. Difference is, has to do with the collection and use of innocent american eta. Data. The amendment cannot harm if they are solely designed for foreign. Intelligence we all want the Intelligence Committee to do its job. With that i reserve to balance my time. For what purpose does the gentleman from virginia seek opposition . Amendment,ker, this i yield myself as much time as i can consume. This amendment plain and simple with disabled 702, our most Important National security tool. Any chance of reform through the underlying bill is dead on arrival in the United States senate. We cannot risk 702 collection ending. This chamber cannot be complicit in allowing this amendment to kill 702. I sincerely urge you to oppose the amendment and not lose the opportunity to successfully balance National Security and Civil Liberties. We definitely need to have more protection of our Fourth Amendment rights. Requirement that if you are doing a National Security investigation and you find the information is useful in a criminal case and is precluded from court, major improvements to the 702 law that protect american Civil Liberties. This bill must he passed. It is absolutely essential for our protection. Ited states who are not United States citizens. The fact it collects incidental information about u. S. Citizens should not be a prohibition on this effort, but if you apply this amendment, youre going to be able youre not going to be able to have our National Intelligence officials looking at this information carefully. And theyre going to have to in many instances get a warrant when they need to act because they think its a National Security concern, a warrant will be unobtainable or will be in a circumstance where its too late. And in both instances we cannot allow that. This bill provides balance. That bill goes too far. The amendment goes too far. I urge my colleagues to oppose it and reserve the balance of my time. The speaker pro tempore the gentleman reserves. The gentleman from michigan is recognized. Mr. Amash mr. Speaker, i yield one minute to the gentlewoman from california, ms. Lofgren. The speaker pro tempore the gentlelady is recognized. Ms. Lofgren mr. Speaker, its important we pass this amendment. The government conducts 702 searches and broadly defined foreign intelligence investigations that may have no nexus to National Security, and we are using this database for just criminal investigations that are domestic. When you say incidental collection, it sounds like its not much. Well, the fact its a huge amount of data in its content. What this amendment says is, if you are going to search for the information of an american that has been collected in that database and its not terrorism but domestic criminal investigation, get a warrant. Get a warrant. Thats what the Fourth Amendment requires. 702 would go dark. We know there is existing fisa order goes through april. The 702 program is not going dark. We have time to do this right. We have time to make sure that the Fourth Amendment is adhered to in the reauthorization of 702. Put the foreign back in the fisa bill. The speaker pro tempore the gentlelady yields. The gentleman from michigan is recognized. Mr. Amash mr. Speaker, i reserve. The speaker pro tempore the gentleman reserves. The gentleman from virginia is recognized. Mr. Goodlatte mr. Speaker, at this time im pleased to yield two minutes to the gentleman from utah, mr. Stewart. The speaker pro tempore the gentleman is recognized. Mr. Stewart mr. Speaker, before i begin i want to emphasize how dismayed i am by the amount of disinformation being propagated by opponents of section 702. I heard some things over the last couple days and i just wonder how in the world could someone believe that. Let me tell you why this amendment must be opposed. Under the u. S. Rights act, Intelligence Community would not be able to query the name of a suspected terrorist supported in the United States to see if hes in direct contact with recruiters. It would not be able to query a name in the United States who is approaching people with security clearances to see if that person is part of a Foreign Espionage network. We would not be able to query the name of a registered owner of a suspicious vehicle in front of the National Monument to see if hes in contact with operatives oversees. And query someone after a casualty attack in the United States to see if he has terrorist connections. Or to follow on its poe potential to follow on if attacks are imminent, we would not be able to query a name of learns how t that to fly but not how to land. They know they have an opportunity to do that with their vote but they would be putting troops and american lives at risk. In thats ok with you, then go ahead and vote for the u. S. Rights act amendment. But i promise, youll regret it when someday in this dangerous world we live, we have to answer to our constituents for our votes here today. And with that, mr. Chairman, i yield back. The speaker pro tempore the gentleman yields. The gentleman from michigan is recognized. Mr. Amash mr. Speaker, my amendment protects the rights of americans consistent with the constitution. I yield one minute to the gentleman from texas, mr. Poe. The speaker pro tempore the gentleman is recognized. R. Poe mr. Speaker, were not talking about terrorism. Were talking about the protection of americans and their information. All of the rhetoric, the fear tactics that this will destroy our ability to go after terrorists is wrong. The u. S. A. Rights act is important to protect americans. The other side talks about protecting americans. Lets protect their Fourth Amendment right. We could protect them against terrorists if we amend this legislation with the u. S. A. Rights act and protect their rights under the Fourth Amendment. Every americans data is being seized by the justice department, the c. I. A. , n. S. A. Weve asked them how many times thats been queried. They will not tell us because the information is massive. And all were saying under the u. S. A. Rights act, if you want to go into that information on americans, get a warrant from a judge, not a query. Cant go search it. Get a warrant under the Fourth Amendment or stay out of that information and still go after terrorists under 702 and under fisa. We need to have this amendment to make the bill better to protect americans overseas and at home. And thats just the way it is. I yield back, mr. Speaker. The speaker pro tempore the gentleman from michigan is recognized. I referee . The speaker pro tempore the is eman from virginia recognized. Mr. Goodlatte is recognized. Mr. Goodlatte its my pleasure to yield two minutes to the gentleman from california, mr. Schiff. The speaker pro tempore the gentleman is recognized. Mr. Schiff i thank. Rise in opposition to the amendment. I respect and share the sponsors commitment to privacy and Civil Liberties, but this amendment would go vastly beyond the legislation advanced by either the intelligence or judiciary committees. It will prevent the Intelligence Community from accruing lawfully collected 702 information even in situations directly related to counterterrorism and National Security. It would make section 702 a far less effective tool at a significant cost to the National Security of the United States. The amendment would require a probable cause warrant or its equivalent before the government can query lawfully collected 702 data in an effort to find Communications Concerning someone who may be a u. S. Person or foreign person located in the United States, even when such person is communicating with Foreign Terrorists or intelligence targets. Probable cause will be lacking in many if not most intelligence and counterterrorism contexts. U. S. A. Ituations, the rights act would prevent the government from detecting and disrupting plots against americans or identifying and preventing Foreign Espionage on our soil. It would also require publication u. S. A. Rights act would prevent the government from of information related to 702 certifications that would disclose the sources and methods of intelligence gathering, imperiling our ability to obtain foreign intelligence information. That to me is a high risk. Instead the underlying bill strikes a far better compromise. In the underlying bill, a warrant would be required in most nonNational Security, nonterrorism cases when there is an open investigation. In the absence of such a warrant, the bill provides that evidence that would be obtained would be excluded from use in court. That seems to me a very sensible balance. Requiring a warrant in most nonNational Security, nonterrorism cases and providing in the absence of such a warrant and open investigation that information or evidence would be barred from use in court. That addresses the graph min of the concern over this gravamen in the concern of this program that would be used for fishing expeditions against ordinary americans. This amendment, on the other hand, would largely cripple the program and for that reason i urge opposition to the amendment and support for the underlying bill. The speaker pro tempore the gentleman yields. The gentleman from michigan is recognized. I yield 30 seconds to the gentleman from new york, mr. Nadlemplet the speaker pro tempore the gentleman is recognized. Mr. Nadler mr. Speaker, any responsible effort toe authorize section 702 must pass three tests. Must include a meaningful warrant requirement, must end the about collection until congress is otherwise and must not restrict the governments ability to collect against intelligence on valid targets operating outside the unes t does not include a meaningful warrant requirement and does not end the about collection. The amashlofgren amendment passes all three tests. It leaves the core functionality of 702 perfectly intact. It would be harder to use this authority to spy on United States citizens, but the governments ability to gather intelligence and suspected terrorists will not be affected. I urge my colleagues to adopt this amendment and make meaningful change to section 70 t i thank the many sponsors of this amendment for their leadership of this important fight. I yield back. The speaker pro tempore the gentleman yields. The gentleman from michigan is ecognized. Mr. Amash i mr. Amash i reserve. The speaker pro tempore the gentleman reserves. The gentleman from virginia is recognized plcht goodlatte im pleased to yield one minute to the gentleman from maryland, mr. Ruppersberger. The speaker pro tempore the gentleman is recognized. Mr. Ruppersberger i thank you for yielding. Mr. Speaker, i rise in opposition to the amendment being offered and in support of the underlying bill and increased oversight and transparency it provides to the body, the Intelligence Community, and American Public that it protects. I thank the Ranking Member and also chairman goodlatte for your allowing me to have this time. First thing, i want americans at home to know that this what this program is not. It is not a dragnet surveillance program. It is not a program that can ever be used to target americans. It is not an unchecked intelligence tool. In fact, it may be one of the programs y overseen we have. This bill strengthens that accountability. As former Ranking Member on the Intelligence Committee and representative of the district that is home to n. S. A. , i have taken many of my colleagues in this chamber to trips to n. S. A. So they can see firsthand progr we have. How these programs work to protect americans and also to protect our freedom and Civil Liberties. This is not a debate on constitutionality. The federal courts have affirmed this programs current authorization and opopration are legal and consist and operation are legal and consistent with the Fourth Amendment. This body has voted several times with bipartisan majorities to reauthorize it. I yield back the balance of my time. The speaker pro tempore the gentleman yields. The gentleman from michigan is recognized. Mr. Amash mr. Speaker, i yield 30 seconds to the gentleman from california, mr. Lieu. The speaker pro tempore the gentleman is recognized. Mr. Lieu thank you, mr. Speaker. Make this issue really simple for the American People. Spying on foreigners without following the constitution, that is ok. Spying on americans without following the constitution, that is not ok. The Fourth Amendment does not have an as terrific that says our intelligence agencies dont have to follow it. Is not ok. It applies to all of government. Thats why i support the u. S. A. Rights amendment. Support this bill. Thank you. The speaker pro tempore the gentleman yields. The gentleman from michigan is recognized. Mr. Amash i reserve. The speaker pro tempore the gentleman from virginia is recognized. Mr. Goodlatte mr. Speaker, at this time i yield one minute to the gentleman from california, mr. Costa. The speaker pro tempore the gentleman is recognized. Mr. Costa thank you very much, mr. Speaker. I rise to oppose this amendment. I think its in the wrong direction. To support the underlying bill. The bill i think strikes a balance. Americans cherish and strongly want to us protect their privacy. We agree on that. I think this bill threads the needle. The underlying bill protects our Fourth Amendment through the fisa process, through this improved effort. We know we live in a dangerous americans cherish and strongly want world. Terrorism is a constant threat that we all clearly understand. When we take our oath of office, we swear to protect and defend our nation from all enemies, foreign and domestic. I believe this underlying bill does that with increased transparency. Clearly its not perfect. We never vote on any perfect legislation. But this is an improved piece of legislation. The amendment is an overreach and wrong direction. I urge my colleagues to support the underlying bill. I yield back the balance of my time. The speaker pro tempore the gentleman yields. The gentleman from virginia is recognized. The gentleman reserves. The gentleman from michigan is recognized. Mr. Amash mr. Speaker, i yield two minutes to the gentleman from wisconsin, mr. Sensenbrenner. The speaker pro tempore the gentleman is recognized. Mr. Sensenbrenner thank you, mr. Speaker. When James Madison wrote the constitution and the bill of rights, one of his overriding concerns was to prevent any branch of the three in government from becoming too powerful. And thats why he put the checks and balances in the constitution so that the other branches could oversee and make sure that a branch that was trying to push the edge of the envelope would not be able to succeed in that. The warrant amendment thats been talked about quite a bit today during the debate really is not effective. It is nothing at all. It ends up putting James Madisons legacy into the trash bin of history and it does not deserve to go there. Yesterday the Washington Post reported that f. B. I. Officials told aids of mr. Nadler that ides of mr. Nadler, that under the proposed bill, meaning the underlying bill, they anticipate rarely if ever needing permission from the f. S. C. To review yeary results. So query results. So this requirement that the supporters of the bill and opponents of the amendment basically doesnt mean anything at all. Because the f. B. I. Told mr. Nadlers aides that that was the case. Now, we have a debate here today on whether to put the f. Back into the foreign Intelligence Surveillance act. The f. Means foreign. And that is why the amendment should be adopted or if it fails then the underlying bill should be defeated. This is a time to stand up for the oath of office that every one of us took a year ago to protect and defend the constitution of the United States against all enemies foreign and domestic. The only way we can do that today is by supporting amash and defeating the underlying bill. I yield back. The speaker pro tempore the gentleman yields. The gentleman from michigan is recognized. Mr. Amash may i inquire how much time each side has remaining . The speaker pro tempore the gentleman from michigan has 3s 3 4 minutes. 3s 3 4 minutes. S 3 4 minutes. The speaker pro tempore the gentleman from virginia is recognized. Mr. Goodlatte mr. Speaker, at this time i am pleased to yield one minute to the gentleman from ohio, mr. Wenstrup. The speaker pro tempore the gentleman is recognized. Mr. Wenstrup thank you, mr. Speaker. I oppose the amount and support the underlying bill. I served a year in iraq. Every day we got foreign intelligence information to us. Why . Because it helped us prepare t helped us plan. It helped us deter. It helped us save american lives. Not only the lives of our troops in theater,

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