Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1175 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1175 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on Tuesday, the Rules Committee met and reported a rule, House Resolution 1175, providing for consideration of H.R. 8035, to amend the FISA Amendments Act of 2008 to extend the authorities of title VII of
the Foreign Intelligence Surveillance Act of 1978 through October 20 of 2027 and for other purposes.
The rule provides 1 hour of debate, equally divided and controlled by the chair and ranking member of the Committee on the Judiciary or their respective designees and the chair and ranking member of the Permanent Select Committee on Intelligence or their respective designees, and provides one motion to recommit.
Mr. Speaker, we are here today to debate a rule on H.R. 8035, which would extend FISA 702. Currently, it faces expiration on April 20, 2026.
Let me be clear at the outset. We cannot allow section 702 to lapse, not at a moment when our adversaries are expanding their capabilities, accelerating their operations, and exploiting every gap in our intelligence posture. Allowing this authority to expire would leave the United States blind to threats that move at the speed of modern conflict.
As many here know, FISA 702 was first authorized in 2008 and has since been reauthorized three times, with broad bipartisan support each of those times. Each time, Congress recognized the same truth we face today. This authority is indispensable to protect the homeland from the threats that we face. This extension should be no different.
Section 702 allows the United States Government to collect intelligence on foreign nationals located overseas--I repeat, foreign nationals located overseas who are reasonably believed to possess foreign intelligence information.
The FBI can only access FISA 702 data if the foreign section 702 target is relevant to an existing, open, predicated, full national security investigation. Yes, Mr. Speaker, we are talking about terrorism and narcoterrorism.
Section 702 cannot be used to target any U.S. person at home or abroad. That prohibition is explicit and reinforced by multiple layers of oversight.
I am not saying the 2008 legislation was perfect. It required modifications and reforms. To account for the needed reforms, Congress passed RISAA, the Reforming Intelligence and Securing America Act in 2024, the largest FBI and FISA reform in decades. This law mandated 56 different reforms, including strict limitations on FBI queries involving U.S. persons and a severe reduction in the number of FBI personnel with access to 702 data, from 10,000 to only 3 percent in the Bureau.
Additionally, to address concerns of FBI's compliance on U.S. person queries, RISAA required the Bureau to provide an annual report detailing any noncompliant query and what accountability measures were imposed on each FBI personnel that were determined to have conducted a noncompliant query. This has led to 100 percent of queries on U.S. persons being reviewed by National Security Division and the FBI's Office of Internal Auditing.
These reforms were not symbolic. They were structural, enforceable, and designed to ensure that section 702 remains both effective and accountable. A quick example of effectiveness can be seen when comparing 2021 FBI inquiries, which numbered 2.9 million, to 2025 inquiries, which numbered 7,413.
As effective as RISAA was, over the last few days, it has been clear that this body feels like more reforms are needed before section 702 can be extended again.
Mr. Speaker, at the conclusion of debate, I will offer an amendment to the rule. The amendment will self-execute an amendment in the nature of a substitute consisting of the text of Rules Committee Print 119-25.
The changes being made include: changing the reauthorization period from 18 months to 5 years; enhancing criminal penalties on individuals who unlawfully use or disclose 702 information on a U.S. person or conduct unauthorized queries; ensuring Members of Congress and certain staff may have access to proceedings of the Foreign Intelligence Surveillance Court; ensuring only FBI attorneys can authorize U.S. person queries conducted by the FBI; implementing probable cause requirements for U.S. person targeting; requiring a GAO audit of targeting procedures; and requiring ODNI review of FBI queries of U.S. persons.
The legislative process has worked here, Mr. Speaker. It is time for the House to move this legislation.
Today, our adversaries, state and nonstate actors alike, are investing heavily in cyber operations, covert influence, terrorism networks, and advanced weapons systems. They are moving faster, hiding deeper, and coordinating across borders with unprecedented sophistication. FISA section 702 is one of the few tools that allows us to detect and disrupt these threats before they reach our shores.
Our purpose here today is to give law enforcement the ability to operate in a timely manner to stop terrorist attacks on United States soil. That is it.
Failing to reauthorize this authority would be a massive setback and one that our adversaries would exploit immediately.
Mr. Speaker, I look forward to consideration of these pieces of legislation and urge passage of this rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want the American citizens to know we have had an honest debate over the balance between security and the Fourth Amendment of the Constitution. Sometimes that debate takes a little longer than we wish it would. I wish my colleagues on the other side of the aisle would read this document, the United States Constitution, just as we as Republicans read it and take it seriously.
Mr. Speaker, I yield 2 minutes to the gentlewoman from North Carolina (Ms. Foxx), the chair of the Rules Committee.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I know Mr. Raskin is a very good courtroom lawyer, and I mean that. If I needed a defense lawyer, the gentleman would be one of the first I would hire. I don't need a defense lawyer, thankfully.
I do want to point out a couple of things that did not get mentioned. It is on page 5: ``Any information concerning a United States person acquired under section 702 may not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding if such information was acquired in violation of subsection (o) of such section.''
Now, when you go to subsection (o), warrant requirement for certain targeting--
No, it is not.
It is not.
You can debate that on your time.
Mr. Speaker, there are significant changes here.
One of the other changes that they have not mentioned is that any query against a United States person by the FBI--and this is a new accountability measure--must be reported to the Civil Liberties Protection Officer within the Office of the Director of National Intelligence. Any query that the FBI does on a United States person must be reported with a justification for the query, not to the Justice Department but to the Civil Liberties Protection Officer within the Office of the Director of National Intelligence.
Mr. Speaker, let me say this about 702. First of all, 702 is not a law enforcement tool. It is an intelligence tool. It is designed to protect Americans in this country from terrorists. That is what it is designed for.
The FBI is actually prohibited from querying 702 data for evidence of a crime. It is an intelligence tool and not a criminal tool. The FBI can only access FISA 702 data if the foreign section 702 target is relevant to an existing, open, predicated, full national security investigation. We are talking about terrorism and narcoterrorism.
Mr. Speaker, I look forward to the continued discussion on the rule. I thank my colleague, the chair of the Intelligence Committee, Rick Crawford, for the work that he has done on it. Many people on our side have worked diligently to accommodate people and to make sure that we are doing the things that we need to do to protect Americans and to protect their civil liberties.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, 702 is the intelligence tool that has been reauthorized in a bipartisan manner under both Democratic and Republican administrations. It is an intelligence tool that my colleagues on both sides of the aisle know must be reauthorized to protect the citizens of the United States of America.
This bill coming before us today has additional protections over and above the 56 protections that we adopted, again, in a bipartisan manner, in the RISAA legislation just a few years ago.
Mr. Speaker, I look forward to the passage of this rule. I look forward to the passage of the legislation. People on our side have worked in good faith to make sure that we do anything and everything that we can to protect the United States citizens without violating their constitutional rights. That is why the additional provisions have been added in here.
Mr. Speaker, again, I will go back to this provision that I read to you, where if any information is obtained against a United States person, none of that information can be used to prosecute a United States person unless a warrant has been obtained first.
Mr. Speaker, 702 is not a law enforcement tool. It is an intelligence tool. It is an intelligence tool that has been properly designed to protect the United States and its citizens from people who want to destroy us.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am prepared to close.
Mr. Speaker, I yield myself the balance of my time.
Again, 702 is not a law enforcement tool. It is an intelligence tool that is designed to protect the citizens of the United States of America.
There are additional constitutional protections in here. The FBI can only access FISA 702 data if the foreign section 702 target is relevant to an existing, open, and predicated full national security investigation. That is currently the law. That is currently the law.
We are talking about terrorism, and we are talking about narcoterrorism. The FBI is currently prohibited from querying for evidence of a crime. It is not a law enforcement tool. It is an intelligence tool. It is an intelligence tool that has been very effective for our intelligence community, our Department of Defense, and the others that are here to protect the United States of America.
Additional protections that we have added--and, again, they didn't read this. I want to read it to you again, though. Page 5, ``United States Persons,'' line 10: ``Any information concerning a United States person acquired under section 702 may not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding if such
information was acquired in violation of subsection (o) of such section.'' Subsection (o) is the warrant provisions of the language.
Mr. Speaker, this week the House can advance H.R. 8035 and extend FISA 702 under this rule.
This extension, supported by the President, reflects the urgency and importance of FISA.
Since 2008, Congress has always reauthorized section 702 with bipartisan support. When reforms were previously needed, Congress delivered them with RISAA, 56 reforms in a bipartisan manner.
Thanks to the work of many, additional reforms will be voted on tonight in the amendment.
Letting section 702 expire would be a setback. It would be irresponsible. It would put Americans at risk. It would provide an immediate advantage to our adversaries who seek to harm the United States. This authority is vital, and it is time the House finishes this work.
Amendment Offered By Mr. Austin Scott of Georgia
Mr. Speaker, I offer an amendment to the resolution.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the amendment and on the resolution.