Reforming Intelligence and Securing America Act

Floor Speech

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Ms. JAYAPAL. Mr. Chair, we have a critical opportunity today to stand up for the civil liberties that are enshrined in our Constitution while also safeguarding our national security.

Every single day, the FBI conducts an average of 500 warrantless searches of Americans' private communications, resulting in over 278,000 searches in 1 year alone. The FBI has invaded the privacy of Members of Congress, a State court judge who reported civil rights violations by a local police chief, Black Lives Matter protesters, and more.

We cannot pass this bill without additional protections, like my amendment with Representatives Biggs, Nadler, Jordan, Lofgren, and Davidson, to close the backdoor search loophole.

Unfortunately, there are some members of the intelligence community and some Members of this body who are circulating information that simply is not correct, and I need to correct the record right here. Some Members have implied that the Privacy and Civil Liberties Oversight Board does not support the amendment.

To counter that, let me share some quotes from Sharon Bradford Franklin in her personal capacity as Chair of the Privacy and Civil Liberties Oversight Board, the independent government agency tasked with ensuring the executive branch conducts national security work in a way that protects our civil liberties and privacy. She said:

It is critical that in reauthorizing section 702, Congress includes a warrant requirement for U.S. person queries.

Requiring a warrant for U.S. person queries would neither end U.S. person queries nor undermine the overall value of section 702.

Outside of the category of ``victim queries,'' the FBI has not been able to identify any cases in which a section 702 U.S. person query provided unique value in advancing a criminal investigation. In addition, the government has been unable to identify a single criminal prosecution that relied on evidence identified through a U.S. person query.

The warrant requirement contained in the warrant amendment includes important exceptions that would address the government's concerns about slowing down the process for U.S. person queries. Exceptions are provided for exigent circumstances, consent, cybersecurity, and metadata-only queries.

Mr. Chair, let me be clear that the Privacy and Civil Liberties Oversight Board, in its oversight capacity, has the same access to all the classified intelligence that the agencies cite when they try to scare us into reauthorizing FISA with minimal changes.

We have a bipartisan amendment that would fix this problem. We have a responsibility to stand up for civil liberties of our constituents. We cannot pass this bill without requiring intelligence agencies to ensure that Americans' privacy rights are upheld at every turn.

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Ms. JAYAPAL. Mr. Chair, I rise in strong opposition to this amendment, and, yes, I agree with Chairman Jordan on an immigration amendment because this is an expansion of the government's ability to surveil. We have this opportunity right here in Congress today to add critical safeguards and not expand the government's use of this surveillance authority.

This inexcusable expansion of FISA will further increase warrantless surveillance, and it is at the expense of a whole slew of innocent immigrants.

People seeking to come to this country are not monolithic communities cut off from Americans. Many of them are close family members of U.S. citizens seeking reunification through family sponsorship or just a simple visit. Many others are sponsored by U.S. employers.

There is already ample vetting of immigrants. Just look at refugees, who are the most vetted group of people who come to this country. It takes years of vetting through multiple agencies, including the FBI, the National Counterterrorism Center, and other agencies.

This amendment is only going to make these processing backlogs worse. It will further delay American businesses from getting the workers we need to maintain our competitiveness and our ability to attract the best and the brightest. It could harm local economies that rely on tourism as delays in processing travel visas deter people from travel to America.

We should not be expanding FISA. We should be creating safeguards to protect foundational civil liberties rights.

Earlier, one of my colleagues claimed that not a single Federal court has identified a Fourth Amendment issue with U.S. person queries. Mr. Chair, that is false. In 2019, the U.S. Court of Appeals for the Second Circuit found Fourth Amendment concerns with U.S. person queries, and that issue is still being debated.

We are talking about an average of 500 warrantless searches of Americans' private communications every single day. Don't take it from me.

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Ms. JAYAPAL. Here is a quote from Travis LeBlanc, a Privacy and Civil Liberties Oversight Board member:

Although section 702 is touted as a foreign intelligence tool, it is apparent that a key feature is domestic intelligence and criminal law enforcement. For example, DOJ reported that the FBI queried over 19,000 donors to a congressional campaign. The FBI also has run numerous improper queries of social advocates, religious community leaders, and even individuals who provide tips or who are victims of crime. Five million warrantless searches by the FBI of Americans' private communications is 5 million too many.

Vote ``no'' on this amendment.

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Ms. JAYAPAL. Mr. Chair, I demand a recorded vote.

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