Mr. Speaker, I am proud of the House of Representatives for coming together on the floor of the House and in our various caucuses and conferences to discuss the important challenge that we all face: the balance that we have to protect the…
Mr. Speaker, I am proud of the House of Representatives for coming together on the floor of the House and in our various caucuses and conferences to discuss the important challenge that we all face: the balance that we have to protect the American people. That is the oath we take: to protect and defend. As we defend the Constitution, we defend the privacy and the civil liberties of the American people.
It is difficult.
Over 20 years ago, I was on the Intelligence Committee for the purpose of protecting civil liberties and privacy, and also to stop the proliferation of weapons of mass destruction, two really important overarching issues. So I come to the floor today as one who has worked on this issue for a very long time.
I thank our men and women in the intelligence community for the work they do. We are so proud of what they do.
In those days, almost 25 years ago, when I was first on the committee, it was about force protection and trying to have enough intelligence to avoid conflict, but if we were to engage, we would have the intelligence to protect our forces. It was about force protection. In the nineties, it became more about fighting terrorism and other overarching issues as well.
We live in a dangerous world and force protection on the ground, in theater, is still an essential part of what the intelligence community does. Again, I thank the men and women in the intelligence community for their patriotism and their courage.
The issue that relates to fighting terrorism is one that sometimes has a frightening manifestation on our own soil. But as we protect and defend the American people and the Constitution and their rights, we have to have that balance. It was Benjamin Franklin who said: If we don't fight for security and freedom, we won't have either.
I want to particularly thank our ranking member on the Intelligence Committee. He has made us all proud in going across the country to honor our Constitution, talking about undermining our election system, talking about protecting the American people in ways that is consistent with our Constitution. I thank Mr. Schiff and I support him today in his support of the bill that came from his committee.
Is it perfect?
I have never voted for a perfect bill in this House.
I also thank Mr. Nadler, a genius on all of these issues that relate to our Constitution. I also thank the members of the Judiciary Committee.
We have very few members on the Intelligence Committee who are deputized by the Speaker and by the leaders of each party to go to the Intelligence Committee to deal with issues that relate to the balance between security and privacy.
With all the respect in the world for the magnificent members of the Judiciary Committee, all of whom I respect, it is not right to say there is nothing in this bill that protects the privacy of the American people.
In fact, when I was supporting the Judiciary Committee bill, outside groups were complaining. They wanted the Zoe Lofgren amendment. They didn't want that bill. They were complaining about it. Now, today, they are saying that is what they want.
Studying the issue, I think one of the differences along the way is when it is appropriate in terms of a warrant. That is why I am so pleased that we will be offering a motion to recommit that addresses just that concern, which is what I am hearing about from folks.
The amendment, the motion to recommit, addresses concerns of people on both sides of the aisle, certainly in our Democratic Caucus, that seeks to secure the highest possible protections for American civil liberties. At the same time, it ensures that the intelligence community and law enforcement can continue to keep Americans safe.
This amendment would go a step further from the modified bill that is on the floor under consideration to ensure law enforcement secures a warrant before accessing Americans' information.
Let me repeat that. The amendment will go a step further than the modified bill under consideration to ensure law enforcement secures a warrant before accessing Americans' information.
Under this amendment, a court order would be required to access Americans' data in connection with any nonnational security criminal investigation by the FBI.
This amendment removes predicate--that is the operational word-- standards and it expands the universe of investigations that would require a warrant.
A vote for this amendment--and I hope it would be bipartisan, especially from those who are objecting to the bill on the floor--is a vote for privacy protections and for civil liberties. We would have preferred to have this in the original bill that is coming to the floor. We couldn't get that in committee. Hopefully, we can get it on the floor.
Voting against the motion to recommit means fewer protections, less oversight, and more risk that Americans' rights will be violated.
In the course of this, I mentioned this issue about the warrant and arrest. I talked about the Judiciary Committee's bill. At the offset of all of this, we all opposed the first Intelligence Committee's bill. We supported the Judiciary Committee's bipartisan bill being criticized by some outside groups for supporting it, rather than the Lofgren amendment.
But changes were made in the Intelligence Committee's bill to this effect. We asked the Speaker to take out the masking provisions, which have no place in this bill. The chairman of the Intelligence Committee, Mr. Nunes, foolishly put that in this bill. It made it a complete nonstarter. I thank the Speaker for removing it.
By the way, somebody should tell the President because he thinks it is still in the bill. With that being said, I personally directed the unmasking process be fixed. It isn't fixed in the bill, Mr. President. That would be a second tweet of the day, confusing matters even worse, unfortunately. The administration, although they probably would like an extension of the status quo, understands we have to do more than that.
The other provision that was in the bill was an expansion of agents of foreign governments. Agents of foreign governments opened up more people who would be subjected to surveillance. We said: That doesn't fly. That has to be closed. The Speaker did that.
Then, on the ``abouts'' language, I think most people who understand that--it is a complicated issue--understand that it is really not a factor in this discussion. People don't want it mentioned, but the fact is that it had to be addressed. It is not being used and it is unconstitutional. Until it can be proven to be constitutional, it can't be used. When it is used, they would have to go to the FISA court to get permission, and then come to Congress for ratification of that. So there are many protections there.
It is hard, I know. I had a hard time when I was Speaker and we passed a bill to address the gross violations of Vice President Cheney doing the Bush-Cheney surveillance. It was appalling, in my view. I considered it unconstitutional, others did not. But, nonetheless, we put in many, many protections where there were none, and then renewed and improved them when we renewed the bill subsequently in its reauthorization.
This isn't about the other side of the aisle that is saying you don't care about privacy if you support this bill. It isn't about that. It is about where you strike the balance when you weigh the equities.
We have to come down in favor of honoring our Constitution and our civil liberties, but we cannot do that completely at the expense. And I believe that the Members and Mr. Nadler understand that full well, and I commend him for his deep understanding of the vital national security issues and the invaluable work that his committee has done to strike a balance between security and privacy and has made a difference.
But the choice we have today is to pass something that is--defeat this bill. Okay. You have done that, if you want to do that. Pass an amendment that won't go anyplace, you can do that, and we will be left with extension of the status quo of the current law.
As one who has participated in writing it those years ago, I understand its merit. I also understand the changes in technology, of tactics of terrorists who are out there, and that we have to improve the bill.
I don't consider it a reform bill. It is not that vast. It is some improvements in how we can collect, protect, again, keep the American people safe as well as protect their civil liberties.
Just a couple other things about it. Since this legislation was designed to address concerns related to the use of information collected under FISA section 702, an important foreign intelligence collection authority--we have to keep that emphasis on ``an important foreign intelligence authority.''
So, my colleagues, to that end, this modifies that it requires a court order based on probable cause for FBI criminal investigators to view Americans' communication in the section 702 database and mandates an inspector general study of 702 data. So let's keep the vigilance on, even as we go forward. It contains refined language related to ``abouts'' collection. It requires the executive branch to secure explicit approval from the FISA court for collection. It further objects ``abouts'' collections to--subjects a 30-day congressional review process. I know Mr. Sensenbrenner said nobody can do anything in 30 days, but I think we can.
The bill strengthens the privacy and civil liberties oversight board. That was something I was instrumental in establishing when I was on the Intelligence Committee. I know it is important, but I also know that it has to be strengthened and it has to be respected as a watchdog.
So, I mean, the list goes on requiring public reporting on the use of 702 data, just saying to the intelligence community: Don't try to minimize any violations that may have occurred; we want the facts; we want the truth.
And that is why I am so glad it has expanded whistleblower protections and briefings to the Oversight Committee, which we have required. Unlike the original House Intelligence bill, which I oppose, this bill does not include language that would have likely expanded the universe of FISA targets who are now, as I mentioned before, agents of foreign policy powers. It excludes the language on unmasking; somebody tell the President.
It gives me great pride in our Caucus, if you could have heard the beautiful debate between Mr. Nadler and Mr.
Schiff on this subject. We are not that far apart. I think that the motion to recommit addresses most of the concerns we have been getting from the outside groups, and communities have dedicated their--whose organized purpose is to protect the civil liberties of the American people.
But, again, with great respect for everyone's opinions and whatever they have put forth, again, saluting our men and women in the intelligence community for the work that they do, we want to be sure we strengthen their hand in terms of protecting the national security of our country, which is our first responsibility, keep the American people safe, and, as we do so, to honor our oath of office to the Constitution, to honor the principles of the Constitution.
Our Founders knew full well the challenge between security and civil liberties. They lived in a world when they were under attack. The War of 1812 came very soon after the establishment of our country, so this was not a foreign idea to them, and they bequeathed to us the responsibility to protect, defend, protect our liberties.
And, again, respectful of this debate on this issue, I myself will be voting to support my ranking member on the Intelligence Committee, Mr. Schiff, our ranking member, and Members will follow their conscience on this. I just wanted you to know, from my experience in all of this and with weighing the equities involved, that that is the path that I will take.