Todays public hearing will be followed by a classified briefing tomorrow afternoon. This Committee Last held an oversight hearing on section 702 in may of 2016. Beat ofen, the drum to terrorist attacks against the United States and other countries, particularly our allies, has continued. This has been a month after the hearing, terrorist attacks in killing 50htclubs, and wounding 53. Terrorists have detonated bombs in new jersey and new york, injuring about 30. Last month, Great Britain suffered its worst terror attack in over one decade, and a suicide bomber killed 22 and seriously injured many more in a concert in manchester. Many of the dead and wounded, as you know, were children and very young people. Underscore the first responsibility of thatnment is to ensure those who protect us every day have the tools to keep us safe. When i said government, i should have said the United States government under our constitution. These tools must adapt to the technological landscape and the evolving security threats that we face. At the same time, of course, the rights and liberties enshrined in the constitution are fixed. They require our constant vigilance to maintain those. Of fisa amendments act, which provides the government the authority to collect electronic you Communications Desk electronic mutations of foreign orders that foreigners located outside the United States sits at the intersection of these responsibilities. Under section 702, it is against the law to target anyone in the United States or any american citizen, wherever that citizen is on this globe. Prohibitse also reverse targeting. That term means targeting somebody outside the United States for the purpose of targeting somebody inside of the country. Under the statute, the fisa court must approve targeting and minimize asian minimize asian n procedures too those supposedy to our subject to this surveillance. This implementation of the by all threeerseen branches of the government, including the appropriate inspectors general. After much debate and much discussion, this law was passed and signed by president bush in 2008. The Obama Administration requested that it be reauthorized without any changes , and congress did just that in 2012. Now, president Trumps Administration is making the same request. Accounts, section 702 has proven highly valuable in helping protect the United States. The privacy and Civil Liberties unequivocablyound dashboard found unequivocably that section 702 has helped the United States learn more about the membership, leadership structure, priorities, tactics, and plans of International Terrorist organizations, and has enabled the discovery of previously unknown terrorist operatives as well as the locations and movements of suspects already known to the government. And of the quote from that Oversight Board. That sectioncluded 02 has, quote, lead to the discovery of previously unknown terrorist plots directed against the United States and foreign countries, enabling the disruption of these plots. And and of quote. Moreover, the board, the fisa court and other federal courts , have found the implementation of section 702 lawful and consistent with the Fourth Amendment. In addition the board proposed a , number of recommendations in its report to help improve the privacy and the civil liberty protections of section 702 program. According to the boards most recent assessment report, all of its recommendations have been part,ented in full or in or the relative agency has taken significant steps towards adopting these recommendations. 2016, a Heritage Foundation 702 is a luded that critical and invaluable tool for american intelligence professionals and officials so vital to Americas National security that congress should reauthorize section 702 in its current form. End of quote. But as is always the case with policy issues here in the congress, particularly between the freedom of the American People and National Security concerns, we do have questions and concerns that persist for some about sections 702s effect on these Civil Liberties. Some of these concerns relate to communications incidentally collected when it turns out that a targeted foreigner is in contact with somebody inside the United States or with an american. But of course theres often no , way to know who a surveillance target may be in contact with beforehand. Thats in part why they are under surveillance in the first place. And these are situations where the program can be highly valuable by letting our government know if a foreign terrorist plot might reach our shores. Still, the unknown scope of this incidental collection is concerning to many. We ought to understand that. Some are also concerned with the way in which is t fbi permitted the fbi is permitted to search already collected 702 material. However it was precisely this kind of information sharing that was recommended by both the 9 11 commission and the Webster Commission that convened after the fort had attack that for two at attack fort hood attack. Law enforcement needs to be able to protect the American People. In addition, the recent fisa Court Administration that admonished the executive branch for failure to comply with the minimize asian min imumizationmin as well. Although these allegations havent been directed for 702 specifically they are highly troubling. And leaks of classified information that damage our National Security seem to continue unabated. I understand that no internal or external review to date has found any evidence of intentional abuse of section 702 for any reason whatsoever. Nonetheless, it is important that congress made sure that it has not been so abused and it is equally important that we ensure that the Justice Department has all the tools that it needs to prosecute leaks of classified information. So taking all these things into consideration, one of the main purpose for having this, National Security has to be at the top of the list. And so we welcome our witnesses and look forward to their testimony today and dont forget the classified briefing tomorrow. Senator feinstein . Senator feinstein thank you very much. I to welcome our witnesses. Welcome our witnesses. I know they are rather grim faced. I hope there will be a smile or two forthcoming. I want to say thank you for holding this hearing. Let me begin by saying i fully support reauthorization of the fisa amendments act including section 702. Earlier this month the , Intelligence Committee, of which i am a longtime member along with senator cornyn held a , hearing on section 702 of pfizer. This will likely neen intelligence will be passing a likely mean intelligence will be passing a bill very shortly. In fact senator cotton and a , number of other republican senators on the Intelligence Committee have offered a bill which would permanently authorize the fisa amendments act, including section 702 without the five year sunset. I would note, however that , senator cottons bill was referred to this committee, the Judiciary Committee, and there is a reason and that is because this committee has the jurisdiction over both fisa and 702, particularly given the impact on Americans Communications and privacy. So i think its important that our committee get to work quickly on reauthorization of which as we know is a very 702, Critical Program in the collection of valid intelligence. Let me state at the outset that i believe any reauthorization should include a sunset provision, and without it, it will not have my support. Congress has an Important Role to play in these measures. Society changes, the world changes, technology and communications change. A sunset allows us to review and revise such as may be necessary due to Technology Changes as well as other changes that happen at such a rapid pace. Currently, the government is required to obtain approval from the fisa court every year before continuing its content collection under 702. Congress should have this same ability to review and evaluate this program on a periodic basis. A sunset provision allows us to do just that. As a matter of fact its five years now, i would urge that it he six years because that takes it outside of an election year. Let me restate that i fully support the 702 program. I believe its a vital Counter Terrorism tool. The Intelligence Committee under both democratic and republican administrations has consistently stated that the program produces critical foreign information to protect the nation against International Terror and other threats. The privacy and Civil Liberties oversite board that has conducted an extensive review of the 702 program and concluded i quote the information the program collects has been valuable and effective in protecting the nations security and producing useful foreign intelligence. The section 702 program also includes a number of safeguards to ensure the protection of privacy and Civil Liberties. Under current law, for example, section 702 authorizes the targeted collection of the content of internet and phone communications only and i of foreigners who are located outside of the United States. Underline for the purpose of gathering intelligence information. There have been some compliance incidents over the years, there has never been a finding of intentional abuse of 702 authorities. Never. The privacy and Civil LibertiesOversight Board found and i quote no trace of any such illegitimate activity associated with the program or any attempt to intentionally circumvent. Egal limits the relevant inspectors general and dedicated internal oversight personnel at the Justice Department odni. The another reform we might take a look at his requiring the fisa court to appoint an outside. Ounsel known as an amicus each time government seeks Court Approval of its annual certification that happens every helpful ints reassuring people that there is an independent individual in the Court Reviewing these matters. I want to thank you for calling this hearing since we have the jurisdiction to play this role and i hope we can get our act together and take a look at the here that senator cotton has introduced and that but with a sunset clause. Thank you, mr. Chairman. Our staffs of the highest level have been talking about the process and we will wait for it to be delivered to us. I am going to introduce each of you and then you will speak to my left and right. We will have five rounds of questions general acting consul for the office of director of National Intelligence and previously worked as an attorney at an International Law form. Mr. Brooker is a graduate. Stuart evans serves as Deputy Assistant attorney general of the United States department of justice. He previously served in a number of positions within the department of justice National Security division, including chief and deputy chief of the office of intelligence counterterrorism unit. He obtained his bachelors degree from the university of pennsylvania, and his law degree from columbia university. Carl he leads the operations and intelligence efforts in National Security matters, ranging from terrorism to espionage and weapons of mass destruction. In 2014 he was appointed specially to be in charge of the Washington Field office is counterterrorism programs and served as assistant to the counterterrorism division. He earned a bachelor of arts degree and a from washington university. He is the debbie counsel for operations at nsa. He oversees the agencies practice groups for legislation, intelligence all, and Information Assurance and cyber security. Mr. Morris received his bachelor degree from the university of maryland and his law degree in George Washington university. Would you please start, mr. Brooker . If you have longer statements, they will be put in the record. When the red light comes on, try to summarize as best you can to finish shortly thereafter. Proceed. Chairman grassley mr. Brooker , we all want to thank you for holding this hearing and having us today. As you know, intelligence election has produced and continues to produce significant intelligence that is vital to protect the nation, whether that be from counterterrorism or cyber threats. The same time, it reboots provides protection of Civil Liberties of our citizens. It is the Intelligence Communitys top priority. I want to give an example of section 702. Before rising to the ranks to become second in the race of isis, he was a teacher. His transformation to a terrorist caused the United States government to offer a 7 million reward or information leading to him. It made him a leading focus efforts. And i say, along with its partners, spent over two years looking for him. This search was ultimately successful primarily because section 702. Based almost exclusively on intelligence activities under 702, nsa collected a significant body of foreign intelligence about the activities of him and his associates. Nsa learned about an individual closely associated with him. Nsa been used permission authorized under section 702 to collect intelligence on close associates, which allowed nsa to develop a robust body of knowledge concerning the personal network of him and his close associates. Over two years, using section 702 collections and in close collaboration with i. T. Partners, nsa produced more intelligence on the associates and their location. Nsa and Technical Partners combined this information with other intelligence assets to identify him and track his movements. This collaboration enabled u. S. Forces to attempt in apprehension of him and associates on march 24 of last year. During the attempted apprehension operation, shots were fired at u. S. Forces from his location. U. S. Forces turned fire, killing him and his other associates at that location. Collection confirmed his death. This is one example. We would like to discuss more examples of the classified section. The purpose of the authority is to give the u. S. Government the upper hand in trying to avert attacks on citizens and allies before they transpired. Section sunday to provide strong protections of our citizens. 702 provides strong protections of our citizens. It has several legal restrictions that protect the rights of our citizens. The program is subject to rigorous and frequent oversight by all three branches of government. We are particularly proud of our oversight, and the audit is committed we have not once had an intentional violation of the law. There have been mistakes, but a system with zero compliance independence incidents. A recent example, nsa identified a compliance incident in the section to upstream collection. They insured was identified, reported, they Work Together to find a solution proposed a new set of procedures, and we moved forward. Before i conclude, i want to speak about one issue that has been subject to public discussion. There has been a push from congress and the active community to attempt to count the number of u. S. Persons were incidentally required acquired under 702 election. Nsa had made efforts to respond to the question asked. We were unable to develop an accurate and costeffective methodology. I want to be clear. To determine if communicants are u. S. Persons, nsa would be required to conduct Additional Research to determine whether individuals, who may not be of any foreign intelligence interest at all are u. S. Persons. We would be asking trained analysts we find this unpalatable. Those analysts would have to be shifted from focus areas. He cannot justify such a diversion of critical resources, particularly at a time where we face in adversity of threats. Even if we decided they were justified and had unlimited staff to tackle the problem, we do not believe it is possible to get accurate, measurable results. It would be impossible to determine every identity. With that, i would like to turn it over to mr. Evans. Mr. Evans thank you for the opportunity to be here with you today. With his introduction as a background, we want to turn to a discussion about why became necessary for congress to enact section 702. Fisa was first passed in 1970 is eight, creating waves of government to attain individualized probable cause based court orders or electronic surveillance, suspected spies, terrorist, and foreign officials located inside the <