[Congressional Record Volume 169, Number 204 (Tuesday, December 12, 2023)]
[House]
[Page H6824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                      WHY SECTION 702 IS ESSENTIAL

  The SPEAKER pro tempore. The Chair recognizes the gentleman from Iowa 
(Mr. Nunn) for 5 minutes.
  Mr. NUNN of Iowa. Mr. Speaker, I thank the Members of Congress who 
are here today.
  Today, we stand on the forefront of America's capability to collect 
and protect our Nation's most critical intelligence. This is known as 
the Foreign Intelligence Surveillance Act, specifically section 702.
  Now, some have asked: Why is 702 essential? I answer in no uncertain 
terms, it has saved thousands of American lives. It is a powerful tool 
to safeguard hundreds of millions of Americans from the attacks coming 
from terrorists, foreign agents, and vicious attackers.
  Some have rightfully asked: Are we willing to sacrifice America's 
liberty for the sake of security?
  With this, I will not abide. For too long, the failures to reform 
section 702 have led to abuse, nowhere more clear than our own 
Department of Justice where spies against America are not just overseas 
but right here in the United States.
  Americans should rightly ask: What is Congress' role and what will be 
our aim, Mr. Speaker? To this, I answer directly: We must protect this 
Nation, we must reform section 702 of FISA, and we must hold our 
adversaries accountable, both in our government and those overseas.
  Now, there is broad recognition that section 702 offers intelligence 
value on a range of evolving priorities, including terrorism, 
cybersecurity, and espionage. In fact, 702 serves as the foundation for 
much of the Nation's most important intelligence, providing 
decisionmakers critical information at their time of need. Nearly 60 
percent of the ``President's Daily Brief,'' a briefing book that I have 
in my time as a counterintelligence officer helped brief and prepare, 
comes from FISA 702.
  Before us, you see one of the greatest threats to America, the 
mastermind behind the 9/11 attacks. The drone strike, which I have 
flown over watch for and supported operational units like this, was the 
weapon that we used to take out just last year, 2022, the terrorist al-
Zawahiri. The targeting unit that ensured that we didn't have 
collateral damage was provided with acute intelligence to ensure that 
innocent loss of life did not occur. I know this, being a commander of 
a targeting unit that has executed missions almost identical to this. I 
also know that flying aboard recon aircraft, we have been the 
collectors of some of the most important intelligence, including that 
that provides section 702 its ability to be successful.
  From 2018 to 2022, FISA section 702 collection played a critical role 
in 70 percent of successful CIA-supported weapons and 
counterproliferation disruptions, weapons that would have ended up in 
the hands of terrorists like we have just seen in the attack on Israel.
  Last year, section 702 collection played a role in more than 50 
percent of the CIA counternarcotic disruptions, that same fentanyl 
entering the United States today.
  Additionally, declassified examples of 702, which I can share on the 
homeland today, make sure that foreign actors' illicit plans to smuggle 
methamphetamines across the U.S. borders, the quantities and potencies 
of fentanyl destined for illegal transfer to the United States, as well 
as specific smuggling techniques used to avoid them, techniques, when 
breached, are actually able to save Americans.
  The involvement of a foreign official in one of these narcotic 
trafficking schemes to transport fentanyl pills to the United States 
was thwarted because of intelligence capabilities to do this.
  Section 702 resulted in the identification disruption of hostile 
foreign actors' attempts to recruit spies in the United States, 
including right here on U.S. soil where operations were conducted to 
kidnap and assassinate U.S. senior leaders. The timely identification 
of foreign intelligence government's plans and the intent was revealed 
by 702.
  Law enforcement across the country are asking for us to maintain the 
ability to provide them the tools to safeguard our country. Our first 
responders demand this and Congress must act.
  Simply put, 702-acquired information is used daily to disrupt threats 
to the United States. However, given the FBI's unacceptable compliance 
failures, there is also a responsibility that Congress must include 
safeguards to uphold the privacy, civil liberties, and international 
trade in a digital world, including criminal punishments for those in 
our own government who continue to this day to go unchallenged.
  As a Member of Congress, we must work together to reform and 
reauthorize 702. It should be our overarching goal to protect the 
United States from foreign threats while simultaneously protecting the 
Fourth Amendment rights of private citizens.
  Importantly, any lapse or significant change that hinders the use of 
702 unnecessarily blinds the United States to a range of threats, 
meanwhile taking dangerous risks to allow foreign terrorism to occur 
right here on our soil.
  In closing, Mr. Speaker, it is no secret that the threats we face in 
the 21st century are both multifaceted and ever-evolving: terrorism, 
cybercrime, the activities of hostile actors, and a demand for 
sophisticated, adaptive response.
  Therefore, we must move forward in holding not only the FBI 
accountable but making sure that Americans have the ability to protect 
themselves from threats overseas and within our own government.

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