Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019

Floor Speech

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Mr. DAVIDSON. Mr. Chairman, today, I offer an amendment that is very straightforward. It simply takes an already existing reporting requirement within the section 702 program and adds an additional layer of congressional oversight. This will ensure that the Judiciary Committee and the Intelligence Committee have insight into how the intelligence community enforces its own internal guidelines for handling sensitive data.

Currently, the attorney general provides these committees with semiannual reports about incidents of intelligence community noncompliance with the targeting, minimization, and querying procedures within the 702 program. These are important features that ensure the collection and use of data is solely for targeting dangerous terrorists and does not threaten the Fourth Amendment rights of Americans.

However, this report is lacking because it does not describe what, if any, disciplinary actions are taken by agencies in response to noncompliance. My amendment would simply require that this report include information about disciplinary action.

For example, was a violation simply flagged for agency records? Or was someone given additional training, disciplinary suspension, termination, or, perhaps, even prosecution?

My amendment intends to provide Congress with a high-level look at how agencies address the incidents they are already reporting on.

The privacy safeguards contained in the section 702 program are critical for protecting the constitutional rights of everyday Americans, and, indeed, the high functioning capability of this important program for national security.

Congress has the responsibility to make sure agencies are taking steps to mitigate abuse and enforce statutes, guidelines, and court orders relevant to this powerful surveillance tool.

This is a commonsense amendment that I have drafted in coordination with the House Intelligence Committee, and I urge my colleagues to support its adoption.

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Mr. DAVIDSON. Mr. Chairman, I think the thing I would emphasize is that it is important for us to understand: A) we should preserve the 702 program; and B) there are some incremental reforms that could make the program high functioning, and also give the American people peace of mind that their Fourth Amendment rights are protected.

It is also important for the intelligence community to know that the programs they have are working, and it can send an important message that there are disciplinary actions for those who don't follow the guidelines.

This will give Congress insight into how well that system is functioning and what disciplinary actions, if any, are taken.

Mr. Chairman, I yield back the balance of my time.

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