Mr. Speaker, pursuant to House Resolution 682, I call up the bill (S. 139) to implement the use of Rapid DNA instruments to inform decisions about pretrial release or detention and their conditions, to solve and prevent violent crimes and…
Mr. Speaker, pursuant to House Resolution 682, I call up the bill (S. 139) to implement the use of Rapid DNA instruments to inform decisions about pretrial release or detention and their conditions, to solve and prevent violent crimes and other crimes, to exonerate the innocent, to prevent DNA analysis backlogs, and for other purposes, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill, S. 139.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 139.
On January 19, the FISA Amendments Act of 2008 will expire. This vital legislation includes section 702, which permits the government to target foreign citizens located overseas to obtain foreign intelligence information. Section 702 is one of the most, if not the most, critical national security tool used by our intelligence community to obtain intelligence on foreign terrorists located overseas.
Now, some claim section 702 vacuums bulk information without due regard to the intended target. This assertion is simply false. Section 702 is a targeted program, with roughly 106,000 foreign targets worldwide. Given that the worldwide population is about 7.5 billion, this program can hardly be described as bulk collection.
Section 702 targets spies, terrorists, weapons proliferators, and other foreign adversaries who threaten the United States, and locating them is crucial to protecting our troops and our homeland.
As an example, Hajji Iman, who was the second-in-command of ISIS, was located via section 702 and later removed from the battlefield. While the vast majority of examples remain classified, this is just one instance that demonstrates the necessity of this authority.
Subject to multiple layers of oversight by all three branches of government, section 702 is one of the government's most rigorously overseen foreign intelligence collection authorities. To date, while compliance incidents occur and are dealt with appropriately, there has never been a known, intentional abuse of this authority. Nevertheless, the program should be subject to regular adjustments, as necessary, to ensure the effectiveness of privacy protections.
Therefore, after careful consideration of the best way to strengthen privacy protections without hindering the program's effectiveness, the committee supports S. 139, a bipartisan bill that includes provisions and addresses concerns raised by the House Judiciary Committee and the Senate.
The bill's reforms include:
Requiring specific section 702 query procedures, separate from existing minimization procedures, which must be reviewed by the Foreign Intelligence Surveillance Court every year;
Limiting the instances in which the government can use section 702 information to prosecute U.S. people;
Requiring the inspector general of the Department of Justice to conduct a review of the FBI's interpretation and implementation of the FBI's section 702 query procedures;
Temporarily codifying the end of the NSA's section 702 upstream ``abouts'' collection until the government develops new procedures and briefs the congressional Intelligence and Judiciary Committees;
And, finally, improving transparency by mandating the publication of section 702 minimization procedures and requiring additional reporting to Congress on how the intelligence community is using other FISA authorities.
Mr. Speaker, during discussions over the past several months, both the House and the Senate have made several concessions to achieve this compromised language in order to reauthorize this critical national security authority. Accordingly, S. 139 now includes a probable cause- based order requirement for the FBI to access the content of a section 702 communication during FBI criminal investigations on Americans, unrelated to national security.
This order requirement does not reflect the committee's belief or intent that law enforcement access to lawfully acquired information constitutes a separate search under the Fourth Amendment. The Fourth Amendment, as interpreted by numerous Federal courts, does not require the FBI to obtain a separate order from the FISC to review lawfully acquired 702 information.
Though not required by the Constitution, this compromise is meant to provide additional protections for U.S.
person information that is incidentally collected under section 702. Along with the restrictions on the use of section 702 information in criminal prosecutions, this should provide further assurances to the American public that this vital national security tool is used strictly to discover and mitigate foreign threats to the United States, and the handling and use of any incidental U.S. person information is carefully controlled and monitored.
Mr. Speaker, America faces an array of international threats more complicated than anything we have endured in the past.
Speaking for the chairman of the House Intelligence Committee, I cannot emphasize enough that now is not the time to draw back on key national security authorities.
I am dismayed by the amount of disinformation being propagated by those who oppose section 702 for purely ideological reasons. When Congress must reauthorize this program again in 2023, we hope those who debate these issues, both inside and outside this Chamber, do so with intellectual honesty and integrity.
The USA RIGHTS Act, which has been offered as an amendment in the nature of a substitute, is an attempt to kill this compromise. In its place, the amendment would begin resurrecting the information-sharing walls between national security and law enforcement that the 9/11 Commission identified as a major factor in the failure to identify and thwart the 9/11 plot.
If individuals in this body cannot learn from history, they are doomed to repeat it. There is no support for this bill in the majority of the committees of jurisdiction whose members understand that this amendment would render section 702 inoperable.
Therefore, in order to keep the U.S. interests and troops abroad safe from harm, we must ensure that the intelligence community has the tools it needs to provide intelligence to our soldiers abroad. Section 702 is critical in that regard, and S. 139 provides the intelligence community with the authorities needed to protect the homeland while implementing key privacy enhancements.
Mr. Speaker, I urge passage of S. 139, and I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentleman from Texas (Mr. Conaway).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, some of my colleagues believe that Congress should go above and beyond what is required by the Fourth Amendment and institute additional safeguards on how the government handles any potential U.S. personal information that may be incidentally collected under section 702. While the varying committees may have different ideas as to how to strike the right balance between additional privacy measures and national security, the art of the compromise brings us to the current junction.
Under S. 139, if the bill conducts a U.S.-person query into its database during a criminal investigation not related to national security and conducts a section 702 communication, the FBI must obtain an order from the FISA court prior to assessing the content of the communication.
The committee does not believe that such an order is necessary under the Fourth Amendment, but it is adding more protections, as a matter of policy, in order to address unfounded concerns by opponents of section 702 that the authority is being used to investigate U.S. people.
Proponents of the USA RIGHTS Act amendment will say that S. 139 does not go far enough in its current form and that they have crafted a great compromise that allows the intelligence community to do its job.
Unfortunately, they are selling a poison pill that is extraordinarily harmful to our national security. Per the office of the Director of National Intelligence, under the USA RIGHTS Act amendment, the FBI would not be able to look at lawfully collected data related to suspicious activities similar to that of the 9/11 hijackers. This is unethical to the 9/11 Commission Report, and anyone who thinks about voting for the USA RIGHTS Act amendment should pick up a copy and skim it prior to voting.
Unlike the USA RIGHTS Act amendment, S. 139 is able to balance national security and privacy while adhering to the recommendations of the 9/11 Commission reporting. I echo the White House statement last night strongly opposing the USA RIGHTS Act amendment, and I urge all of my colleagues in the House to support S. 139.
Mr. Speaker, I yield back the balance of my time.
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 have heard some things over the last couple of days, and I just wonder, how in the world can someone believe that.
Let me tell you why this amendment must be opposed. Under the USA RIGHTS Act, the intelligence community would not be able to query the name of the suspected terrorist supporter in the United States to see if he is in contact with terrorist recruiters. It would not be able to query the name of a person in the United States who has been suspiciously approaching U.S. Government employees with security clearances to determine 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 parked in front of the Washington Monument to see if that person is in contact with terrorist operatives overseas. We would not be able to query the name of a person in the aftermath of a mass casualty attack on the United States to see if he has terrorist connections, or as a follow on, if potential follow-on attacks are imminent.
We would not be able to query the name of a foreign national who travels to the United States to take flight training but doesn't care about learning how to land.
Individuals in this room who want to end section 702 know that they have an opportunity to do with their vote, but they would be putting troops and American lives at risk. And if that is okay with you, then go ahead and vote for the USA RIGHTS Act amendment, but I promise you, you will regret it when, some day, in this dangerous world we live in, we have to answer to our constituents for our votes here today.