The clerk will please call the roll. [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] the answer is yes. [inaudible conversations] the clerk will report the telly. Mr. Chairman they were 23 aye votes, 38 nay votes. The amendment does not agree to. Mr. Chairman . Mr. Smith. On the next boat ms. Lemperts amendment that i had asked for a recorded vote i will withdraw that requested except the voice passage to move us along here. So we will move then to the next one a recorded vote for mr. Johnson. On 187r1. Is that correct . You want the recorded vote . The question now curse on the amendment offered by mr. Johnson number 187r1. The clerk will call the roll. [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [roll call] [inaudible conversations] the clerk will report the telly. Mr. Chairman there are 29 aye votes and 32 no votes. The amendment is not agreed to. If there are no further amendments the chair recognizes the gentleman from texas mr. Thornberry vice chair of the house for the purpose of offering emotion. Mr. Chairman and lifted up the chairmans marked portion of the bill as amended. Questions on the motion. So many ours in favor will say aye. Those opposed, no. A quorum present the eyes have it. The motion is agreed to. The chair now recognizes the gmen from texas mr. Thornberry by sherman house for the purpose of emotion. Is your children with may report the bill h. R. 4435 the howard p. Buck mckeon National Defense authorization act for the fiscal year 2015 as amended favorably to the house with a recommendation that it did pass. Questions of emotion the gentleman from texas mr. Thornberry so many as in favor will vote aye. Those opposed, no. The chair calls for a recorded vote. The clerk will call the roll. [roll call] [roll call] [roll call] [roll call] [applause] we are a couple of hours ahead of last year. There is some stuff when you go through but first let me thank all of you. It has been an honor and privilege a privilege to work with each of you and i told the republican members the other day and i will say it to all of you, if the people at home could get to know you or could see you our numbers would be much higher than 13 . Most of you. [laughter] now, on behalf of all of us lets give the staff a round of applause. [applause] [applause] they are fantastic. I know at times going through this process there are times maybe you think you are getting short shrift or youre not getting help. I will tell you this is really been tough and i will say one more time. Next year is going to be a lot worse. If we can be rid of sequestration, go we owe to the troops to get that fixed. Now the quorum being present the motion is agreed to and without objection the motion is laid upon the table. For what purpose does the gentleman from washington seek recognition . Mr. Chairman i would like to assert the right of any member for inclusion in the committees right to the house on the bill just ordered. Pursuant to clause 2ll of how swirly lebanon members are entitled to not listen to file such views in writing. I ask unanimous consent the staff be authorized to make necessary conforming technical and clerical changes to remove from the bill as amended provisions that would cause the bill to be referred to other committees are reversals in additional direct spending or that would result in an earmark. Without objection so ordered. Finally, i ask unanimous consent the chairman be authorized to make such motions on the floor as are necessary to go to conference with the senate on the bill h. R. 4435 for a Similar Senate measure. Without objection so ordered. If there is no further business the committee stands adjourned subject to the call of the chair. Thank you. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] we dont know that we are actually contributing to it. When you get addicted to drugs the whole world gets built around your need for drugs. When you get suicidal actually every signal of the world is going to die. The beautiful sunrise, a Beautiful Day and people love you but everything gets closed in. All i could think about, ive got to go. So i think we ourselves get caught up of those traps. On the other hand we take it on personally and we cant see whats really out there. We cant see if the world is really there beautiful as angels and mentors and people who will care for you. The House Judiciary Committee approved legislation wednesday that would change u. S. Intelligence under the Foreign Intelligence Surveillance Act known as fisa. The bill would and full collection of data including phone records. The legislation passed through the committee with a bipartisan vote of 320. This hearing is two hours, 10 minutes. [inaudible conversations] [inaudible conversations] i want to thank the sponsor of usa freedom act Committee Chairman sensenbrenner for his dedication to this important issue. I also want to take a moment and thank him and Ranking Member conyers mr. Nadler and mr. Scott for working with me to prepare the bipartisan substitute that we will consider in just a few moments. The fisa Business Records provision often referred to as section 215 of the patriot act allows the government to access Business Records in foreign Intelligence International terrorism and clandestines intelligence operations. Investigations. Last years unuthorized disclosure by Edward Snowden revealed to the American People that the National Security agency as part of its mission to protect the United States from terrorist attacks had been collecting both telephony metadata under section 215. Since the unauthorized public release of this program many members of congress and their constituents have expressed concern about how the program is operating and whether it poses a threat to American Civil Liberties and privacy. The leaks by Edward Snowden also revealed a classified program operated pursuant to the fisa amendments act of 2008 which was enacted to maintain the nsas ability to gather intelligence on foreign targets overseas. Over the past year the House Judiciary Committee has conducted aggressive oversight of these programs radian july 2013, the Committee Held a public hearing in which we heard from officials within the Justice Department the director of national intelligence, the nsa and the fbi and Civil Liberties groups. In september of 2013, the Committee Held a classified hearing where members were afforded the opportunity to further probe these programs with officials from doj, odni, nsa and the fbi and in february of this year the Committee Held a comprehensive hearing to examine the various recommendations to reform these programs offered by the president s review group on intelligence and Communications Tech knowledge is and the privacy and Civil Liberties oversight board. In january of this year the president and announced his desire to end the book collection of telephone metadata. In march president obama outlined his proposal to allow access to noncontent telephone records held by Telephone Companies. Absent an emergency situation the government would obtain the records only pursuant to individual orders from the fisa court. The records provided to the government in response to queries would only be within two hops of the selection term being used and the governments handling of any records would be governed by minimization procedures approved by the court. President obama also correctly acknowledge that reforms to these programs must be implemented through legislation passed by congress. The House Judiciary Committee is taking the first important step towards this goal today. The terrorist threat is real and ongoing and we must always be cognizant of the threats we face we cannot prevent terrorist attacks unless we can first identify and then intercept the terrorists. At the same Time Congress must ensure that the laws we have enacted are executed in a manner that protects our National Security while also protecting our Civil Liberties so that we can regain the trust of the American People. I am confident that today the committee will do just that. Its now my pleasure to recognize the Ranking Member of the committee for michigan mr. Conyers for hope would his opening statement. Thank you chairman goodlatte. Members of the committee, it is not an accident that the House Judiciary Committee is the committee of primary jurisdiction with respect to the legal architecture of the government surveillance. We are for the most part lawyers and i Must Immediately single out the people that have played such important roles in this. Chairman goodlatte, format chairman sensenbrenner, the gentleman from new york, chairman nadler and of course the gentleman from virginia bobby scott. We ask these difficult questions because we are the proper forum for complex discussion about privacy and Civil Liberties. Moreover, to the maximum extent possible this committee has always worked to hold that debate in public where we and the officials we call before us can be held accountable to each other and to our constituents. We believe it is possible to have an open honest conversation about the tools our government uses to keep us safe. We believe that this conversation includes a serious look at whether these tools accord with our national values. We believe that public debate on core questions of privacy and Free Association not only builds confidence in our government that lends credibility and resilience to the National Security infrastructure that is built to last. For a number of reasons i believe that the usa freedom act h. R. 3361 is the proper outcome of just that sort of open debate above all else, the usa freedom act represents the consensus view that all domestic bull collection must end. In the aftermath of the attacks of september 11, 2001, got without notice to the courts or congress our government seized for itself the authority to conduct broad surveillance on its own citizens without warrant or individualized suspicion. Over the years since these programs have gained and imprimatur of legality. Let me be clear. Dragnet surveillance of the United States citizens is not legal nor is it necessary. In my view it never has been and with the passage of the usa freedom act this position will be made explicit. This view has gained the support of 149 cosponsors evenly divided between democrats and republicans. More than 40 organizations representing Civil Liberties groups and Technology Groups across the political spectrum continue to call for the passage of h. R. 3361. The Technology Telecommunications sector has also backed this bill. Largely because it enables companies to be more transparent to their consumers but also because comprehensive surveillance reform is good for their bottom line. The usa freedom act takes all of these interests into account. Although the managers amendment we will consider today is less than perfect compromise, and thats not unusual, it makes important, 50 substantive changes that will work to restore confidence in the Intelligence Community. My conclusion is that these reasonable reforms are both appropriate and consistent with our commitment to the right of the people to be secure in their persons house is, papers and effects so therefore i urge the members of this committee to support h. R. 3361 and i yield back the balance of my time. Thank you. The chair thanks the gentleman and i now recognize mr. Sensenbrenner to offer a substitute amendment. Mr. Chairman i have an amendment in the nature of the substitute at the desk desk. The clerk will report the amendment. Amendment to substitute 3361 offered by mr. Sensenbrenner of wisconsin. Strikeall after the enactment. Mr. Chairman i ask unanimous consent that the bill be considered as read in open for amendment editing point. Without objection the amendment in the nature of substitutsubstitut e is considered as read and mr. Sensenbrenner is recognized explain his amendment. Thank you very much mr. Chairman. I want to thank members of the committee for coming together to reach this agreement particularly chairman goodlatte for his steady responsible leadership Ranking Member conyers and congressman adler and forbes for their passionate and considerable expertise. Its no secret that congress has got more divisive so its gratifying and even nostalgic to me to see this committee come together to address one of the most challenging and important issues facing our country. I remember this committee similarly cooperating after september 11. I was chairman of the committee at the time of these horrific attacks. We were asked in short order to fundamentally restructure how the government operated to protect our National Security. The intensity advance anything i have experienced in my career and speaker Dennis Hastert was under considerable pressure to bring a bill to the floor quick weight. As with todays debate the leadership threatened to bypass the committees jurisdiction. I pleaded for patience and asked them to have faith in the Judiciary Committee. To his credit he agreed and we were able to broker a deal. The committee banded together and passed the usa patriot act with unanimous bipartisan support. I would add that it was for representatives like Maxine Waters to the left and bob tarmac to the right. All of them voted aye on the judiciarys product. I believe the committees actions made the country safer while protecting cherished Civil Liberties that distinguish us from our enemies. We are we are here today however because the government has misapplied the law that we passed. The administrations interpretation of section 215 is wrong. Under current law the government can acquire tangible things are relevant to an authorized terrorism investigation. In a feed feat of legal and verbal gymnastics the administration convinced the fisa court that because some records in the universe of every phonecall on americans make or receive are relevant to counterterrorism the entire universe of those calls must be where relevant. That decision opened the floodgates of practice of bull collection that was never before possible lead loan legal in our countries history. After the revelations of abuse surfaced last summer i knew that congress had to act to protect the Civil Liberties of the said americans. As a result in october of last year i introduce usa freedom act in the senate Judiciary Committee was Patrick Leahy of vermont. So suppose introductions i worked with members of congress in both chambers from across the political spectrum. We have had input from privacy groups legal experts Tech Companies governments and the American People. The result is a very strong compromise that the committee will vote on today. Todays bill unequivocally ends book collections across all the nsa authorities and under National Security letters. Let me repeat, there is no bull collection that is legal by the nsa are under National Security letters should this bill be enacted to law. It creates a new process for the collection of call detail records pursuant to the administrations proposal. For counterterrorism purposes only the government can use these specific selection terms to give detailed or its as a reasonable articulable suspicion is related to a foreign power or an agent of a foreign power. The bill prevents the government room potentially targeting americans under section 702 if eisen codifies procedures to minimize the dissemination of bad Public Information about u. S. Persons which are citizens and permanent resident aliens. To increase transparency and to ensure that fisa not the fisa court will designate five individuals who are eligible this amicus curiae to the core. This is intended to serve the same purpose as a special advocate. These individuals will be experts in privacy and Civil Liberties intelligence Collection Telecommunications and any other area that may lend legal or Technical Expertise to the court. The court must conduct the ethos occasion review of every decision order or opinion of the fisa court and that includes a significant construc