WEBVTT 00:00:00.000 --> 00:00:08.830 the chair recognizes a gentleman from Kentucky thank you Mr Speaker or Mr chairman our founding fathers included the fourth amendment in our constitution 00:00:08.840 --> 00:00:18.470 for a reason to require probable cause and a warrant before the government and government agents can spy on any of its citizens our founding fathers were fed 00:00:18.480 --> 00:00:28.790 up and frankly I think our citizens are fed up with being spied on by the government I'm here to offer an amendment today that would prevent 00:00:28.800 --> 00:00:39.750 warrantless surveillance of Americans with many of my colleagues and I want to mention that this bill this amendment has passed this house this body twice 00:00:39.760 --> 00:00:49.549 previously once 293 to 123 and another time 255 to 174 it enjoys broad bipartisan support 00:00:49.559 --> 00:01:00.069 my co-sponsors are Mr Jordan Mr roor Mr amamos representative poan representative Nadler gabard farenthold 00:01:00.079 --> 00:01:10.070 Lou Isa Butterfield Labrador gosar Delan po Conor ssen brener and Miss zo lofin from California who at this point I 00:01:10.080 --> 00:01:18.870 would like to yield two minutes of my time Mr chairman warrantless bulk collection of us person Communications 00:01:18.880 --> 00:01:28.429 and information was not ended with the USA Freedom Act twice in the last two years the house voted overwhelmingly to close two uh loopholes but house 00:01:28.439 --> 00:01:38.630 leadership blocked says first back door will be shut by prohibiting the search of government databases for information pertaining to US citizens without a 00:01:38.640 --> 00:01:48.350 warrant you can get the information but you have to get a warrant in October uh 2011 in a Declassified fisa Court 00:01:48.360 --> 00:01:57.550 decision we learned that tens of thousands of holy domestic Communications which are not even allowed to be collected under 70 702 00:01:57.560 --> 00:02:07.270 have been collected uh we need to make sure that when you look for an American in that database you get a warrant as the fourth amendment requires the second 00:02:07.280 --> 00:02:17.110 door to be shut prohibits the government from coercing companies into weakening security protections by creating back doors in products to make surveillance 00:02:17.120 --> 00:02:25.390 easier what's encryption it's sophisticated computer code that's is the most powerful tool we have for 00:02:25.400 --> 00:02:33.830 preventing Outsiders from Gaining entry into digital systems in Enon protects the power grid the air traffic control 00:02:33.840 --> 00:02:43.149 system and your smartphone even if a weakness in encryption is promoted and created with good intentions it's only a 00:02:43.159 --> 00:02:53.270 matter of time until a hacker finds and exploits it such flaws put data security of every person and business and really 00:02:53.280 --> 00:03:05.149 the security of the United States at risk our government should strengthen the technology that protects our privacy and our businesses and our country not 00:03:05.159 --> 00:03:15.110 take advantage of it the Massie laet Amendment will make America safer it will defend the force Amendment and I urge its adoption and I yield back to 00:03:15.120 --> 00:03:24.910 the Gman from uh Kentucky I think the the general lady from California May inquire as to how much time I have remaining two 00:03:24.920 --> 00:03:33.229 minutes at this point I'd like to reserve the balance of my Time gentleman Reserve for what purposes gentleman from New Jersey seek recognition chairman I 00:03:33.239 --> 00:03:41.429 rise in opposition to the amendment the gentleman is recognized this amendment would impose greater restrictions on the intelligence community's ability to 00:03:41.439 --> 00:03:50.509 protect our national security and create an impediment to the government's ability to locate threat information already in its possession such an 00:03:50.519 --> 00:04:00.429 impediment therefore would put a lot more American lives at risk at both home and abroad colleagues his recent events have tragically REM reminded us this 00:04:00.439 --> 00:04:09.030 issue is critical to our national security lawful inqu queries can enable an analyst to identify potential Terror 00:04:09.040 --> 00:04:19.590 plots to identify foreign Nations trying to hack into our networks and to locate foreign Intelligence Officers spying within our borders and yes locate 00:04:19.600 --> 00:04:28.670 hostage victims these authorities were fully considered as they should be and we'll hear in a moment from chairman goodl during the development and the 00:04:28.680 --> 00:04:37.590 consideration of the US Freedom Act I'm pleased to yield to my ranking member for any uh for 30 seconds simply associate myself with the Chairman's 00:04:37.600 --> 00:04:47.310 remarks I am opposed to the amendment I do appreciate the seriousness uh of people's opinion on both sides of this issue uh I'm an 00:04:47.320 --> 00:04:56.189 appropriator I don't have a complete allergic reaction to authorizing in an appropriation bill but given the seriousness of this issue and the 00:04:56.199 --> 00:05:05.150 complexity of it I don't think this is the right venue to make that decision uh it should be done in the authorizing process I thank to gentleman for 00:05:05.160 --> 00:05:15.350 yielding balance My Time gentleman reserves so gentleman from Kentucky is recognized Mr chairman I'd just like to reiterate all this amendment basically 00:05:15.360 --> 00:05:24.309 does is reassert the Fourth Amendment to the Constitution all of the tools currently available to our intelligence 00:05:24.319 --> 00:05:34.830 agencies and those that keep us safe in the United States would still be available the only thing that changes after this amendment passes is that the 00:05:34.840 --> 00:05:44.150 warrant is required to search for information on Americans this has been it's been this way constitutionally since the beginning of 00:05:44.160 --> 00:05:54.230 our country we're just trying to reassert that let them have all the tools they have today just require a warrant if you want to search for information on Americans at this point I 00:05:54.240 --> 00:06:02.790 would like to yield one minute sorry I'd like to reserve gentlemen reserves a gentleman from New Jersey I'd like to 00:06:02.800 --> 00:06:12.230 recog recognize a member of the intelligence committee Mr Stewart of Utah for 90 seconds gentleman is recognized Mr chair I rise today to 00:06:12.240 --> 00:06:20.790 oppose the mass Amendment and the inaccurate accusations that underly it and let me restate that the supposition of this amendment is based off a 00:06:20.800 --> 00:06:29.870 fundamental misunderstanding of intelligence operations contrary to rumors it is illegal to use 702 surveillance authorities to spy on 00:06:29.880 --> 00:06:38.110 Americans it is subject to multiple layers of oversight and section 702 is an extremely powerful tool that has proven effective in disrupting Terror 00:06:38.120 --> 00:06:46.589 plots including for one example the 2009 Plot to Bomb New York City subway if this amendment were in effect today the 00:06:46.599 --> 00:06:56.390 intelligence Community would be unable to query 702 database for the names of the Orlando nightclub attacker for his wife or even the nightclub itself we 00:06:56.400 --> 00:07:04.790 should be focusing on thoring terror attacks not on authoring the ability of intelligence to professionals to investigate and to stop them I urge 00:07:04.800 --> 00:07:13.189 members to prioritize the safety of US citizens and to reject false allegations and let me say that one more time false 00:07:13.199 --> 00:07:21.589 and irresponsible allegations of government spying on Americans we can scarcely afford to hamstring our intelligence Community as it 00:07:21.599 --> 00:07:32.230 investigates these horrific shootings and tries to prevent similar plots from reaching fruition all of us want to protect our privacy and our constitutional rights I want to protect 00:07:32.240 --> 00:07:40.309 our privacy and our constitutional rights but objections to intelligence operations must be based on facts and 00:07:40.319 --> 00:07:50.909 not rumors or misunderstandings limiting access to critical law enforcement tools to stop these plots would directly put Americans in danger and with that Mr chairman I 00:07:50.919 --> 00:08:00.550 yield back gentleman yields gentleman from Kentucky is gentleman from New Jersey reserves the gentleman from Kentucky is recognize Mr chairman how 00:08:00.560 --> 00:08:10.710 much time do I have one and a quar minutes Mr chairman at this time I'd like to introduce into the record a letter from the director of the National Intelligence Agency that uh shows that 00:08:10.720 --> 00:08:20.909 Americans are being spied on without a warrant using the 702 program that will be covered under General leave and uh at this time I'd like to reserve gentleman 00:08:20.919 --> 00:08:30.550 reserves a gentleman from New Jersey is recognized Mr chman who has the right to close the gentleman from New Jersey has the right to close 00:08:30.560 --> 00:08:39.149 I reserve the gentleman reserves the gentleman from Kentucky is recognized thank you uh Mr chairman at this time I'd like to yield 30 seconds 00:08:39.159 --> 00:08:48.550 to my colleague from Texas judge Poe the gentleman is recognized our government spies on 00:08:48.560 --> 00:08:57.150 Americans 702 was designed to go after the bad guys overseas but it is being used to collect con uh Communications of 00:08:57.160 --> 00:09:06.670 Americans in America without a search warrant under the Fourth Amendment the amendment that the gentleman from Kentucky has introduced does something 00:09:06.680 --> 00:09:16.310 very basic it says the Fourth Amendment will apply to the 702a if you got a search warrant go see a judge like I used to be and you have probable calls 00:09:16.320 --> 00:09:24.829 then let a judge sign it and if you don't have probable calls then you don't get a warrant that's all it does it says the Constitution must apply to Americans 00:09:24.839 --> 00:09:34.470 and fear tactics I'm sorry on the other side don't change the facts get a warrant if you have probable calls that's all the gentleman's from kuy's 00:09:34.480 --> 00:09:43.310 Amendment does and I yield back to him gentleman yields to the judge's point I would say that uh this this doesn't take 00:09:43.320 --> 00:09:52.910 any tools away from those that want to investigate what happened in Orlando none whatsoever that's a mischaracterization complete mischaracterization of this amendment 00:09:52.920 --> 00:10:01.870 you obviously can get a warrant on the perpetrator of this crime so it would be wrong to characterize it in the way that it's been characterized and I it's 00:10:01.880 --> 00:10:10.509 unfortunate that my colleagues would take advantage of that situation to try and motivate people to vote no against this bill or this amendment I urge my 00:10:10.519 --> 00:10:18.910 colleagues to vote Yes against this amendment it doesn't take away any of the tools read the amendment you'll find out just get the warrant do the search 00:10:18.920 --> 00:10:28.509 thank you and I yield back the gentleman from Kentucky yields the gentleman from New Jersey is recognize Mr chairman before I yield my time how much time do we have two minutes U Mr chairman I'd 00:10:28.519 --> 00:10:37.590 like to yield my time to the chairman of the house Judiciary Committee Mr goodlet the gentleman of my time gent is recognized thank you Mr chairman and I 00:10:37.600 --> 00:10:47.230 thank the chairman of the subcommittee the tragic mass shooting in Florida Sunday morning is but the latest in a string of Terror attacks here in America 00:10:47.240 --> 00:10:56.430 and sadly these plots have not been carried out by Foreign terrorists but by Americans against Americans on American soil we are all searching for the same 00:10:56.440 --> 00:11:06.990 answer what motivated Omar Ma to kill investigators are still combing through evidence to determine whether matine was in contact with known or 00:11:07.000 --> 00:11:15.030 suspected terrorists this amendment prohibits the government from searching data already in its possession collected 00:11:15.040 --> 00:11:23.670 lawfully under Section 702 of fisa to determine whether Omar matin was in contact with foreign terrorists overseas 00:11:23.680 --> 00:11:31.750 despite the characterization by proponents of the amendment that a search could occur if the government has obtained a fisa or criminal probable 00:11:31.760 --> 00:11:40.829 cause-based order the exception does not in fact authorize such a query section 702 and the other provisions of the fisa 00:11:40.839 --> 00:11:49.030 Amendments act are not set to expire until December 31 of next year the house Judiciary Committee shares the concerns 00:11:49.040 --> 00:11:57.990 of all here that we protect all Americans rights under the Fourth Amendment the United States Constitution the committee has engaged 00:11:58.000 --> 00:12:06.269 and will continue to to be engaged in robust oversight of the programs author operated under the ACT a floor amendment 00:12:06.279 --> 00:12:14.590 to a spending Bill debated for 10 minutes is not the appropriate venue for Congress to alter our intelligence 00:12:14.600 --> 00:12:24.790 gathering capabilities this complicated issue must be closely examined and appropriately vetted by the Committees of jurisdiction Sunday's deadly attack 00:12:24.800 --> 00:12:35.269 proves once again that the terror threat has not dissipated the FBI has roughly a thousand active Isis probes in the United States and these are probes into 00:12:35.279 --> 00:12:45.350 those we know about now is not the time to block the use of a critical investigative tool and I urge my colleagues to oppose this amendment and 00:12:45.360 --> 00:12:53.389 uh I thank the gentleman for yeld the gentleman yields the question is on the amendment offered by the gentlemen from 00:12:53.399 --> 00:13:01.829 Kentucky those in favor say I I those opposed say no no in the opinion of the chair the NOS have it Mr chairman I 00:13:01.839 --> 00:13:11.790 request a recorded vote pursuant to Clause six of rule 18 further proceedings on the amendment offered by the gentleman from Kentucky will be 00:13:11.800 --> 00:13:14.800 postponed