Provisions including wiretap authority, Business Records authority and the lone wolf provision which were set to expand at the end of the year. This is about two hours, 10 minutes. Committee on the judiciary will come to order. We welcome everyone to this mornings hearing on oversight of the foreign Intelligence Surveillance act. I will now recognize myself for an opening statement. The Judiciary Committee is holding todays hearing to carry out one of its most important tasks. To ensure that the tools used by our government to keep us safe are consistent with our values and with the freedoms guaranteed by the constitution. This committee has long exercised its responsibility to shape the Legal Framework under which intelligence and Law Enforcement agencies investigate threats and collect evidence of crimes. Although we conduct daytoday oversight of intelligence agencies, hearings like this to conduct a broad review of how our government exercises its legal authorities and whether that conduct accords with our values as american. At the out set, i want to acknowledge two things. First, the men and women in our nations Law Enforcement and intelligence communities including our Witnesses Today work tirelessly to keep us safe from attacks and other threats by hostile adversaries. Those efforts include working rigorously to comply with our laws. Second, there are countless americans in the privacy and Civil Liberties communities who are dedicated to keeping us safe from other kinds of threats. Threats to privacy, freedom of speech and due process to take hold in the government Surveillance Authority extend too far. Those who criticize and question the laws well be discussing today are part of this nations proud and robust tradition of holding our government to account, and safeguarding the freedoms guaranteed to us by the constitution. It is in that spirit i hope to have a serious and substantive discussion today about the foreign Intelligence Surveillance act of fisa and the provisions set to expire at the end of this year. In response to substantial concerns that the Intelligence Community had exceeded its authority under fisa, congress in 2015 enacted the usa freedom act. Notably we put an end to the nsas program under which it collected the phone records of millions of lawabiding americans using a highly strained interpretation of a provision in a 2001 usa patriot act. We reformed that provision known as section 215 to prohibit bulk collection phone records and other types of records. Instead to collect certain kinds of phone records we required the nsa to apply to the fisa court for an order based on individualized fact and under specific selection term. Weve also created an important mechanism to ensure the fisa court hears both sides of the legal arguments in case its presenting novel and important issues. And we enacted several measures to enhance transparency in the fisa court and other types of reporting. At the end of this year, section 215 and two other fisa authorities known as the roe v wiretap provision and lone wolf provision are set to expire unless theyre reauthorized by congress. Because these three provisions give the government powerful and intelligence Authorities Congress attached them to sun setting provisions when they were first enacted and has reauthorized them for limited periods of time ever since. These authorizations provide an important opportunity to view how these laws are used and to conduct the kind of oversight were doing here today. He sent a letter asking we reauthorize all three provisions permanently. At the same time has dismantled the core Records Program as theyve been conducting under section 215 as amended by the usa freedom act. Simply put, the nsa dismantled the program because it was a serious failure. The nsa used it to collect hundreds of millions of phone records. In 2018 it discovered it has no authority to collect some of the records it was receiving. Worse, we had no way of separating out which records were wrongly acquired from the ones that were collected lawfully. So it started deleting them all. This has all been publically reported by the Intelligence Community. To be clear, its not a bad thing that the nsa identified a problem, told us about it and tried to fix it. As former director put it, the decision to end the program was made after balancing its, quote, relative intelligence value, unquote which was evidently minimal against, quote, compliance and data integrity concerns. Close quote. The nsa decided the costs outweighed the benefits and pulled the plug. That kind of candor should be applauded. Its baffling to me that the administration announced that they shuttered the program then in the very same breath asked congress to extend it permanently. The administration has offered almost no reason except the vague suggestion that we might need the program sometime in the future as Technology Changes and as our adversarys capabilities evolve and adapt. When congress enacted the usa freedom act we made good effort to give the Intelligence Community the capability it said it needed. That experiment has run its course. The administration really wants to keep this provision on the books, its going to have to justify it with more than a vague promise that it might come in handy one day in the future somehow. I look forward to discussing the other authorities including aspects of section 215 and fisas roving wiretap. I also look forward to discussing as well the important reforms we enacted and whether any of those should be strengthened. This committee has a long running and important responsibility to have these candid and rigorous discussions as we consider how best to ensure that our laws are in line with our values. I thank todays witnesses for being here today and for their service to our nation. I now recognize the Ranking Member of the Judiciary Committee, the gentleman from georgia, mr. Collins, for his opening statement. Last week we commemorated the lives of all the innocent victims lost on 9 11. The 9 11 anniversary reminds us each year of the shock, sadness, and anger we all felt that morning. Our unity and strength following the attacks were palpable and encouraging. As part of our resolve, its critical the tools to defeat terrorism remain available to the men and women of our National Security and Intelligence Community who work tirelessly to protect our country and secure the freedoms we cherish. These tools are set to expire. It is our duty to reauthorize these tools. Otherwise it reverts to our National Security posture before 911. I dont think anyone wants that. Im actually kind of glad were having this hearing. We could have been working on this a long time. I guess weve been busy with other things. The Foreign Surveillance act was originally passed to protect americans from surveillance abuses. Our National Security apparatus offers us access we need. But we must ensure theres a balance in protecting our security and civil liberty. Fisa was created to do that. In 2016 this balance appears to have broken down. While democrats accuse republicans of simply trying to divert attention for political purposes, its clear those at the pinnacle lost the objectivity theyre required by law to exercise and thats coming out now as we see a fisa report coming out. A necessary component is the perception of fairness, particularly when implementing surveillance against americans. Like many americans, i await the Inspector Generals report on potential fisa abuse. However it is a fact that multiple individuals at the top of the fbi have either been fired, terminated, or referred for and reported to be under criminal investigation. Although that has seemed to escape the notice of the majority on this committee. That said, today we face the reauthorization of authorities passed in 2015 as part of the usa freedom act focused on battling terrorism. Three provisions. It may be difficult to separate our concerns facing us but we need to combat violent extremists and their evil goals. Two are fairly straightforward. The lone wolf provision seeking to harm us even if theres no proof of terrorists being directly connected. We know this has been a trajectory of inspired by their ideologies. It allows the community to follow terrorists who attempt to evade by dumping and switching phones. If we can do this for drug dealers we should be able to do it for suspected terrorists. Regarding section 215, i look forward to hearing more from the fbi. Authority we can afford to let expire. However section 215 is used for collecting call data records has been significant and seemingly insurmountable technical problems in its implementation. Id like to thank each of the agencies here this morning. I wish more had been able to come this morning. I wished we could do this. In the spirit of 9 11 and the countless other terrorist attacks need our nation to always be on guard. Weve gotten to it now thankfully despite the apparent misuse and abuse are not the ones we should be removing from our counterterrorism tool belt. I look forward to the testimony and i yield back. I will now introduce todays witnesses. Brad wigman is the Deputy Assistant attorney general at the department of justice National Security division. Previously he served in legal positions at the department of defense and state and the National Security council. He also served as law clerk for judge patrick higginbotham. He received his jd from harvard law school. Michael orlando is the Deputy Assistant director at the federal bureau of investigations counterterrorism division. Hes since worked on counterintelligence matters at the honolulu, baltimore offices. Prior to working for the fbi, mr. Orlando served in the u. S. Army. He received his b. A. From the State University of new york college at courtland and received masters in leadership. Susan morgan has worked in nsa operations for 18 years. We welcome all of our distinguished witnesses and thank them for participating in todays hearing. If youll please rise, ill begin by swearing you in. Raise your right hand unless youre a lefty. Do you swear or affirm under penalty of passenger that the testimony youre about to give is true and correct to the best of your knowledge, information, and beliefs, so help you god . Thank you. Let the record show the witness has answered in the affirmative. Thank you. And please be seated. Please note that each of your written statements will be entered into the record in its entirety. I ask that you summarize our testimony in five minutes. Theres a timing light on your table. When the light switches from green to yellow. When the light turns red, it signals your five minutes have expired. Mr. Wigman, you may begin. Chairman nadler, ranking number collins, members of the committee, thank you for the opportunity to testify today about four important provisions of fisa. These are authorities that will expire at the end of this year unless reauthorized by congress. The administration strongly supports permanent reauthorization of these provisions. Three of the authorities, the roving wiretap, Business Records and lone wolf provisions have been part of fisa for well over a decade. Theyve been renewed by congress multiple times most recently in the usa freedom act of 2015. Before that the same authorities were reauthorized multiple times between 2005 and 2011 and each renewal gained bipartisan support. Today i will give you a brief overview of these three legal authorities and then turn it over to my colleague from fbi to address how theyve been used in practice and their value to National Security. Then my colleague from nsa will address the fourth authority, the call detail records or cdr authority under which nsa can engage in meta data in counterterrorism investigations. First the roving wiretap authority. This enables the government to continue surveilling a target when the target is taking affirmative threats to thwart the surveillance. These are individuals that rapidly change Communication Service providers in order to evade government monitoring. The roving provision allows us to continue surveillance without having to go back to the fisa court where a new order each time the target switches his phone. The government has used its authority in a relatively small number of cases each year. The cases tend to involve highly trained officers operating within the United States or other important investigative targets including terrorism targets. The wiretap act has for decades provided. Second the Business Records authority. This allows the government to apply to the fisa court for an order to collect records, papers, and other tangible things that are relevant to a National Security investigation. It allows the government to obtain many of the same types of records that can can obtain through a grand jury subpoena. In most cases, these are records the government can obtain in an ordinary criminal or civil investigation without any court order. A fisa Business Records order is typically sought because National Security interests preclude the use of the less secure criminal authorities or because there may be no criminal Investigation Underway in the intelligence context. This authority has been used several dozen times a year on average over the last several years. The Business Records provision is also the mechanism for the targeted collection of cdrs from u. S. Telecommunications service providers. As my colleague from nsa will discuss in a few minutes, this provision provides a way for the government to identify telephone contacts of suspected terrorists who may be within the United States. Finally, the lone wolf provision. This enables the government to inform a surveillance and applies to foreign persons engaged in weapons of mass destruction. All though the government has not used it to date, it fills an important potential gap where soitd actors are concerned. It allows for the surveillance of a foreign terrorist who might be inspired by a Foreign Terrorist Group but whos not technically an agent of the group. For example, it would allow of surveillance of a foreign person who has selfradicalized reviewing propaganda like isis or al qaeda on the internet or a known International Terrorist who severs his connection with a Foreign Terrorist Group. Use of any of these three authorities requires approval from the fisa court under standards prescribed in law. Each also requires strict rules governing how the government must handle any information thats obtained concerning u. S. Persons. Each also is subject to extensive executive Branch Oversight as well as congressional reporting requirements. Each has been renewed by congress multiple times in the past. With that, ill stop and turn it over to my colleagues. Good morning. Thank you for the opportunity to testify today about important provisions of the usa freedom act that will expire later this year unless reauthorized by congress. These provisions have been integral to the fbis success in many National Security investigations. While i might not be able to get into specific examples, ill do my best to provide you with thorough hypothetical use situations. Ive seen a necessity of these provisions throughout my time as both a counterintelligence agent and counterterrorism agent. Im looking forward to answering your questions today. National security threats have einvolved significantly in the last 20 years. From the proliferation of mobile smart phones, expanded use to end to end encryption, new technology has allowed actors to work increasingly in the shadows. Today we have nearly universal access to the internet and anyone with a cell phone can view and become radicalized by extremist content. Our subjects are no longer forced to travel to other countries to communicate with other extremists who threaten the security of the United States. Instead they can do this from their home. Because of this, were also witnessing a shift toward individuals acting alone with multiple ideologists and without clear ties to any one foreign adversary. Our window for identification and disruption is getting smaller. Our subjects are quickly moving from radicalization to mobilization. Congress has helped us ensure we are prepared with the appropriate tools to continue to protect the u. S. And its interests. Im here today to talk about the expiring provisions which the fbi uses with fisa Court Approval and oversight. As my colleague from the department of justice explained, we used a Business Records provision to obtain records for other tangible things for use in a National Security investigation. We often describe the Business Records provision as a Building Block authority. That means we use it during the early stages of