Usa Freedom Reauthorization Act of 2020

Floor Speech

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Mr. BIGGS. Madam Speaker, I thank the gentleman for yielding.

The recurring theme that I have heard today is that we should be doing more to fix FISA. That is not unlike what James Madison described in the Federalist Papers when he described parchment barriers between the various departments of government, meaning the three branches of government, afraid that all of it could be sucked into the vortex of power--those are his words--of the legislative branch.

And here we are discussing parchment barriers for those who have basically abused the FISA process so far. We are putting more parchment barriers in place, but they don't mean anything. They don't mean anything if you never see someone prosecuted.

So let's talk about one of the things that has been touted, a lengthening of the time of sentencing from 5 years to 8 years if you are found to commit abuse. How about contempt proceedings that are being put in here?

But do you know what? We know FISA was abused. We know that people lied to the court, and we know something else. The Inspector General recommended criminal charges be filed on people.

These parchment barriers make no sense, have no strength and no efficacy when we don't see someone indicted, charged, or convicted. To say something is criminal in nature doesn't matter when you don't prosecute them.

If you want to deter somebody, you must see prosecution so, that way, you get specific deterrence for that individual or general deterrence to the rest of the people who are inclined to commit bad acts.

The flaws in this bill are that we don't see application of any of these reforms. So we can tout them all we wish--a whole litany of them--but until you actually hold people accountable, this bill has no efficacy. For that reason, I will be opposing.

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