Were having a hearing about reauthorizing the freedom act 2015. We have two panels basically there for parts of the act. I want the panels to tell us the good the bad and the ugly, why we need this for tools, why we need to reauthorize the program interview. What happens if we dont, would you accept any changes, what would those changes be. And rather than reset your testimony, i am interested in hearing from a National Press security perspective how the freedom act of 2015 is still relevant in 2019 and beyond. But the tools available to Law Enforcement and the Intelligence Committee provided by this act, how are they relevant. Baghdadi is dead puts it caused lives. The efforts to penetrate our country is ongoing every day. Terrorist groups is a lot of different names are trying to come here and cause us harm. The war is far from over. I wish it were but it is not. There is no air force to shoot down, theres no navy to saint, theres no capital to conquer. This is an ideology that must be combated in those who embrace this ideology embrace. That its the only way to protect america as they hit them before they hit you, stop them over here before they hit here. We need to use acceptable tools within our constitutional democracy. A turnover. Thank you mister chairman, ill try not to be redundant. This hearing is important because it provides an opportunity, to take a good look at provisions, of the usa freedom act. That are set to expire, at the end of this year. On december 15. These are section 2 15, otherwise known as the Business Record provision. As well as roving wiretap authority, and lone wolf provision. This committee actually played a key role in establishing, and modifying these authorities. I think it is very important that we weigh in from time to time, on any legislative changes that might be needed. I want to focus a few remarks on section 2 15. Which allows the government, to require a third parties, such as phone companies, to produce Business Records. 2 15, was previously used by the National Security agency, to conceal hundreds of millions of domestic phone records. Congress prohibited this polk collection and the 2015 usa freedom act. Introduced by senators leahy and lee. Now instead of bulk collection by the government, records remain with phone providers, and our search able only with the fisa we are, with a quote selection term and the quote. That is generally a specific phone number or address. This caller detail record which is called a senior, is meant to ensure that surveillance is sufficiently targeted. But, in june of 2018, and they say publicly announced that due to technical irregularities, cd our program it had received data had received data, that it was not legally authorized to receive. Moreover, the agency could no longer distinguish between records our obtained lawfully, and those our obtained unlawfully. As a result, and i say announced it would ally all call detailed records. Acquired over the last three years. In august, the director of National Intelligence dan coats, confirmed an essay had suspended the cd our program indefinitely. Due to its lack of intelligence value, as well as its cost and compliance issues. Despite this, the administration is asking congress, to permanently authorize this program. Now, it is not clear to me why a program with limited intelligence value, and clear compliance problems, should be reauthorized. Unless there is good reason to believe that it should, i do not believe we should reauthorize. Thank you very much. Thank you. Our first panel is deputy sustain, Michael Orlando the assistant to the counterterrorism, and members of the committee, thank you for the opportunity to testify today about four important provisions about the current terrorist act. These will expire at the end of the year unless authorized by congress. Administration strongly supports reauthorization of these provisions. Theyve been renewed by congress multiple times. Most recently, the freedom act of 2015, but before that, the same authorities reauthorize multiple times between 2005 and 2011. Each renewal again bipartisan support. Today im under give you a brief overview of through the legal authorities, that i will turn it over to my colleagues from fbi and how they were used in practice in our and their values or National Security. Then mike paul my colleague from the nsa will just the fourth authority, under which and i say can gauge and targeting collection of metadata and counterterrorism investigations. First to rob roving wiretap authority. This continues the government to serve a National Security targeted, when they take affirmative steps it towards the surveillance. Is individuals who rapidly change communication providers to evade government monitoring. The roving provision allows us to continue surveillance, every time they target changes his phone. These this is already in a number of cases each year. These cases tend to involve highly trained foreign Intelligence Officers operating in the united states, who use these counter surveillance techniques, or other important targets. The wire tap act, as a similar roving authority, sack in, the Business Records authority. This allows the government to apply to the vice court, for an order to collect records, papers and other documents that are relevant, to unauthorized National Security investigation. Allows the government to obtain many the same type of records, he campaigned during a grand jury subpoena. For example, a game to obtain drivers license records, shipping records and the like. In most cases, these are records the government obtained from ordinary criminal investigations without a court order. They are sought out after they include the use of lesser criminal authorities, or knowing investigations underway for purely intelligence matter. The Business Records provision is also the mechanism for the targeted collection of see the ice, my colleague from nsa will discuss in a few minutes, this provision allows the government to identify telephone contacts or suspected various, maybe within the united states. Finally, we have the lone wolf provision. This enables the government to survey a loan person who is engaged in international terrorism, but who lacks traditional connections to a terrorist group. It refers to their has not had occasion to use the lone wolf authority to date. It fills the gap where isolated actors are concerned. It allows for the surveillance of a foreign terrorist, who might be inspired by a foreign terrorist group, but it was not a agent of that group. For example, they would allow surveillance of a foreign person who is self radicalized, through viewing propaganda of theresa organizations on the internet. Or an International Terrorist who severances connection with a terror group. The three authorities i described today, requires approval from the court. Each of them also requires strict rules on how the government should handle any information obtained, concerning u. S. Persons. Each of them are subject to an executive branch oversight, as well as congressional reporting an oversight. And they said each of them has been renewed by congress multiple times in the past. I will stop in turnovers my colleagues. Good morning chairman graham, and members of the committee. Thank you for the opportunity to testify today about important provisions about the usa freedom lacked, now expired this year unless authorized by congress. They have been able to go to the fbi success in many investigations. I likely will not be able to get into specific examples in an open setting i will do my best to provide you with thorough hypothetical usage, which demonstrated critical role, these tools play a National Security and investigations. Ive seen the necessity of these provisions throughout my time as both a Counter Intelligence agent and counterterrorism agent. I look forward to answering questions today. National security threats have evolved significantly in the past 20 years. But the proliferation of mobile smartphones, and encryption, new technology has allowed actors to work increasingly in the shadows. Today we nearly have universal access to the internet, anyone with his cell phone can view and become radicalized by extremist content. They are not forced to travel to other countries to communicate with extremists. They said they can do this from their home. Because this, week also ive seen a shift from individual acting alone. Without any ties or adversaries. These threats have a wild, congress has helped us to ensure we have the tools to continue to protect the u. S. And its interests. Im here to services committee, this is
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