Reauthorization act of 2017, were going to vote soon to block any amendments on a fundamentally flawed piece of legislation that fails to reform one of our most important surveillance tools. Section 702 of the fisa Amendment Act was intended to provide for vast and powerful surveillance of foreigners overseas may do harm to us. And it does. But, the fact that its a surveillance tool used against foreigners abroad is not what the concern you hear about today. Today, you hear about a concern in section 702 has become an unexpected and powerful domestic surveillance tool. Now when directed at those abroad tomatoes harm, but potentially directed at every american in this room and throughout this country. Allowing the government to search for americans emails and other communications without a warrant, the back to pull here legislation saying this legislation allows our government to search our emails without a warrant. Republicans and democrats would be jumping up same way. That violates the Fourth Amendment. Well, the legislation opted by the chairman of the House Intelligence Committee contains what they portray as of reform. In fact, legislation makes a bad problem even worse. Im going to oppose debate on the spell. Irish my fellow senators to do the same. Not to kill the bill, but to afford us a tool and the opportunity to debate the constitutional implications and offer amendments to improve the bill and protect americans. The majority leaders have provided no such opportunity. He does not want us to offer amendments. Even amendments we know capasso bipartisan majority. Senator lee and i are attending several included usa liberty act as a Senate Companion to build reported out of the House Judiciary Committee and a strong bipartisan vote. Offers a sensible compromise. Protect National Security, something we want to do. It protects American Civil Liberties which i hope you want to do. Strongly support a warrant amendments that were close the vector loophole. These amendments, others offered by senators paul and wind, senator lee and senator paul who spoke so strongly to the problems, they are to be heard and have a chance to offer amendments. Instead the only bill were voting on is the house bill insurance to comply with the fundamental constitutional imperative. We can do better in the United States senate than to accept a flawed house bill. To not be deceived by the warrant in the newness bill again why we should have a senate bill that speaks to the things winner senators and not applied the want to newness bill. That warrants the exemptions are so large it renders it meaningless. Normally when the government to let Police National security and risk a privately harm are not implicated. Other cases prove this point in the investigation. The government can search for americans information in section 702 database just as carelessly as we might look at football scores on google. The bill has warrant requirements and that means sponsors of the swab legislation sent warrant is required to protect privacy. They recognize if you search their database of Americans Communications they can trigger Fourth Amendment protections. When its convenient to the government. The constitution doesnt say we protect americans rights only if its convenient to the government. Recently wrote the constitution was to make sure you protections against the government not just when the government feels you should have rights. The Fourth Amendment is implicated the government needs to have a warrant. They should have to have a warrant. The Fourth Amendment either applies or does not. If it does not then lets have a constitutional amendment do away with it. Nobody here vote for that. But even the sponsors of the bill agree the Fourth Amendment applies. The only question is if it has a row warrant requirements or warrants in the name only. Simply calling something a warrant is not make it that. I believe a warrant requirement doesnt need to put our National Security at risk. What i support allows for emergencies. For these reasons i strongly support the warrant requirement to close the vector loophole, and i think my phone senators out to be allowed to have a vote on it. If they dont, then i urge my colleagues in the senate to vote no. Section 702 authority to be temporarily extended as it were in december, in fact the authorized certification permits 702 surveillance expires at the end of april. Theres no emergency now. We still have the time to get it right. Lets protect the constitution and americans. The majority leader should do us part allow members on both sides who care deeply about the issue to offer amendments before longterm authorization. I agree that section 702 is an important tool. I think we can protect our National Security we can protect the Civil Liberties of lawabiding americans. If this bill falls short so i will be voting no on closure. The floor. Mr. President , i think chairman leahy for excellent remarks. Let me say, to move forward without amendments surrenders the constitutional obligation senators have to the American People. This issue is important. Its complicated. The American People deserve to have an opportunity for some real amendments to make sure at the end of the day we have policies that keep our people safe and protector liberties. A Bipartisan Coalition of us. I see my friend from kentucky joined by senator from utah. Our Bipartisan Coalition is dedicated to one mission. We think the country deserves the senate that is tough on terrorists. We dont take a backseat to anybody in terms of fighting terrorists. What were opposed to is in and run on our sacred constitution. Right now with the changes in Communication Systems are on the world Communication Systems increasingly becoming globally interconnected, we have more more law abiding americans swept up in searches under the foreign Intelligence Surveillance act. As they say, we want to fight terrorists but the law allows the government to target foreigners to require foreign intelligence information which means anything related to the conduct of foreign affairs. So, lets talk about who could get swept up in the searches and who are the people that senator paul and landlady and myself and colleagues on both sides of the aisle to have as law abiding americans. We think they are to have their constitutional rights. The people that could be swept up in his communications have their email or tasks, their data search without a warrant could be American Business people talking to foreign contacts. Could be immigrants talking to family and friends still overseas. American journalists covering foreign stores. U. S. Service members talking to four friends that i made while deployed. American teachers and researchers seeking information from foreigners. How Many Americans get swept up . We dont know. We dont know not because of lack of effort, i have been trying for six years to get the government to provide an estimate. My concern is, on a number of these issues to ensure their safety liberty, weve gone backwards in the Intelligence Committee and an open hearing, when the director of National Intelligence, dan coats, former colic was asked about whether the government could collect wholly domestic, personal data here in the United States, we can get a straight answer with respect to whether the government under the foreign intelligence act could collect wholly communications. We couldnt get a straight answer to that. So, what we need is the opportunity to have a real debate. We have a real number of amendments that go to the heart of what the issues are about. Particularly the government conducting repeated, warrantless searches for americans even if those americans are the subject of any investigation the government can read those private communications. I want to put this issue in context. However youre the cia and nsa conduct warrantless searches of 702 data for americans. Thats just for content. The conduct of the searches where they conduct tens of thousands of warrantless searches for communication records, the fbi is conducting the searches so frequently that they do recoat. This bill might have some marginal effect on one of those searches. The hospital is not just fake reform. Its a setback. i remake, we finally made some headway with collection of communication that are neither to were from a porn target that are simply about a foreign target. I went after the issue for yea years, and the abusive collections. Finally the government realized was going to far and they put limits on it. Now, it looks like they want to get back in the business. The other body, the house, basically creates a path to going back to about collection which even the government has admitted has been abuse. There is opportunity if we vote to allow some amendments to come up with policies that will allow americans to look at the senate and say, we didnt go backwards, we went forward, we protected lawabiding americans but we made it clear we were going to be relentless in our search for terrorists. And i have more time but i see my colleague on the floor. I yelled for. Highrise in opposition to the government listening to your phone calls, reading your emails or reading your Text Messages without award. Doesnt mean the government will never do this that they would have to ask a judge if their probable cause that you committed a crime. They would have to name the information they want its called the Fourth Amendment. All americans deserve the protection of the Fourth Amendment. It was john adams who said that james otis argument against generalized warrants he said that argument that he made in 1760s was the spark that led to the american revolution. Lincoln is september and that any man can withstand adversity but if you want to challenge a man or woman give them power. Has been the history of western civilization of almost a thousand years, the struggle to contain the power of the monarch to maintain the power of the government in every form. It has always been the people trying to take the power back. We get to the formation of our government and jefferson wrote that the constitution would be the change. Patrick henry wrote that the constitution is meant to restrain the government, not the people. Its about trying to restrain government from abusing the power to take our right. You have a fundamental right to be left alone. The right most cherished among civilized men and women is the right to be left alone. We know also the history of those who take up the mantle of power is a history of abuse. President wilson and world war i arrested 10000 americans for their objection to the war. Fdr had an enemies list he was vocal and published in newspapers 77 people will see them enemies. Lbj illegally spied on Martin Luther king. Which is time at the king day yesterday. They spread of vietnam war veterans, nixon had an enemies list. President after president has abuse this power. President obama had a fight with the tea party groups, it turns out they were given a scrutiny and people are denied being allowed to form as a Charitable Group or activist group under obama because they disagreed with president obama. We now have a Current Administration and people in the fbi have interpersonal against the president and discussing how they could blacken. It had members of the department of justice to an Oppositional Research on President Trump paper by hillary clinton. There is without question that power has been abused and will always be abuse. Said that power corrupts. The history of our country is about trying to the power of government. We have the ability to collect all of the phone calls in italy in one month. There is a story saying we did it. Who gets trapped in that . If you collect everyones phone calls in germany or jordan who gets caught in that . Many innocent lives of americans get caught up because its not just the phone call to terrorists, everybodys phone call. Calls are being vacuumed up and innocent americans are caught up in it. Senator wyden has been a leaders said other communications that are purely between two people in america they could, cause this and hes been given a variety of answers. We suspect americans are caught up in this database. Should they be able to prosecute for not paying your taxes. Absolutely not. This information is gathered without a warrant or without any constitutional protections. Rashly okay with the lower standards americans get caught up in the, protects of the constitution. Thus most accurately heard. Meet the standard zero. We never said that were going to gather foreigners information the top name and find out weve been talking to. Realize he can listen to the conversation bring in for an interview and if you say anything have now committed a felony. We really want all of our phone calls recorded and then have the ability of the government to bring you in and ask questions about the phone call. If youre not accurate you could go to prison. All are asking for is that for americans constitution be in order. It should not get rid of it or throw it out, it should protect us all. We take an oath of office to defend the constitution. Soldiers take the same oath of office. When to be said of our soldiers came home from fighting and defending the constitution to learn that we gave up on it while they were gone. The majority doesnt want any debate. They want to ram it through with no amendments. We work for months which re authorizes the program. Senators leahy and lee have a similar bill. None of us are friend in the program. If you want to look at americans information get a warrant. If they declare an emergency they cut get the war the next day. Help that would be extraordinary and not the norm. We want the program to work but dont want to scott up in it. This will kill the program. This is our oath of office, its what we should do. The center from iowa. I stand today in support of s139, the pfizer amendment reauthorization act. As we know, the first responsibility of governments of this United States government is to protect our citizens. To do so we must make sure that those who protect us have the tools to keep us safe. This bill does that. It provides the Intelligence Community and Law Enforcement with the right tools. It also places Civil Liberties that are constitution requires, especially giving the everchanging technological landscape. The importance of our country safety and security has been highlighted in several events from the past two years. We often get lost in the constant new cycle. Lets not forget that new york city suffered three significant terrorist attacks in the last 15 months alone. 2016 terrorists detonated a Pressure Cooker by the new yorks chelsea neighborhood. A second Pressure Cooker bomb was found a few blocks away earlier the same day a bomb went off near the start of the marine corps race this past october a rented truck drove onto the back lane and pedestrian walkway. He mowed down numerous civilians killing a and injuring 12. This past december another one detonated a bomb in new york city subway tunnel to the Port Authority bus terminal injuring several. He did it in the name of isis. In june of 2016 omar mateen shot and killed 49 and injured 53 others in orlando. Also an enacted the name of isis. A terrorists said ten people in the mall, november 16 after driving into trying to stab students and teachers at ohio state we had the San Bernadino shooting. Where terrorists killed 14 manager 22. Weve also seen terrorist incidences involving around the world especially impacting our friends in europe and the u. K. Alone there have been at least half a dozen terrorist attacks during the subway bombing injuring 30 people in a van with pedestrians in the Manchester Concert bombing in the attack on British Parliament in london killing four. Including a person from utah. All of these attacks and more sure that threats are real and we must protect our country by lawful constitutional means. Congress has done so by providing Lawful Authority such as section 702702 program has been called the most significant tool for the disruption of terrorist threats they set publicly there is no alternative way some estimate said over 285 of all u. S. Intelligence is based upon 702. There are some key examples. The second of command of isis was we look for a 7 milliondollar reward he was ultimately captured this almost exclusively on 702. Theyre looking at it new york subway system with explosives in 2009. He received training in pakistan from al qaeda. He was discovered after a correspondent used by an al qaeda seeking advice on how to build explosives that uncover the correspondence and without that the subway bombing plot might have succeeded. February 13 they began investigating sean parsons, after he began posting comments online expressing a desire to commit attack. Information collected revealed his efforts and was instrumental in identifying additional members of his network. To the 702 program the fbi system for partners to identify indiv