Unfolds daily. In 1979, cspan was created as a Public Service by americas Cable Television companies and is brought to you today by your cable or satellite provider. Week, the Senate Intelligence committee considered reauthorization of the foreign Intelligence Surveillance act, which is set to expire at the end of the year. Those testifying were Deputy Attorney general rod rosenstein, director andrew mccabe, National Intelligence director dan coats, and nsa director admiral michael rodgers. Lawmakers also asked about the investigation into russian interference in the 2016 president ial election and private conversations between the witnesses and President Trump. This is just over two an half hours. Afterwards, we plan to take your calls on this hearing and others like it this week that focused on the rush investigation. Id like to call this hearing to order. I call this hearing to order. O thank our witnesses today, director of National Intelligence, dan coats, dan welcome back to your family here in the United States senate. Department of justice Deputy Attorney general rod rosenstein. Director of National Security agency, admiral mike rogers. And acting director of the federal bureau of investigation, andrew mccabe. Welcome to all four of you. I appreciate you coming today to discuss one of our most critical and publicly debated foreign intelligence tools. Title vii of the foreign Intelligence Surveillance act, common known as fisa, is set to expire on december 31st, 2017. Title vii includes several includes tools, including section 702. It provides the capability to target foreigners who are located outside the United States, but whose Foreign Communications happen to be routed to and acquired inside the United States. Second 702 collection is exceptionally critical to protecting americans both alt ho at home and abroad. Its integral to terrorist threats, leadership plans, intentions, counterproliferation, counterintelligence and many other issues that affect us. It is subject to multiple layers of oversight and reporting requirements from the executive, the judicial, and the legislative branchs. The foreign Intelligence Surveillance court must approve minimization procedures for each relevant ic agency before the agency can review collected information. At the end of the day, fisa collection provides our government with the foreign intelligence that our nation needs to protect americans at home and abroad and in many cases our allies. I understand there is an ongoing debate pitting privacy against National Security. And there are arguments within the debate that have merit. As we all too painfully know, the Intelligence Communitys valuable fisa collection was thrust into the public spotlight following the illegal and unauthorized disclosures by former nsa analyst, edward snowden. As a result, the government and this committee redoubled efforts to oversea fisa authorities who already were subject to robust oversight. I think its fair to say that some entities overreacted following snowdens disclosures, and now Congress Must verify what courts repeatedly have upheld as a constitutional and lawful authorities. And i also think its fair to say that nothing regarding this lawful status has changed since director clapper and attorney general holder wrote to congress in february 2012 to urge us to pass a straight reauthorization of fisa. Since the Obama Administration followed suit in september 2012. What has changed, however, is the intensity, scale and scope of the threats that face our nation. This is not the time to needlessly role back and handicap our capabilities. I know a lot of people use this hearing as an opportunity to talk about the committees Russian Investigation. Id like to remind everyone that 702 is one of our most effective tools against terrorism and foreign intelligence targets. I hope my colleagues and those closely watching this hearing realize that at the end of the day, our constitutional obligation is to keep america and our citizens safe. The Intelligence Community needs section 702 collection to successfully carry out its mission. Its this committees obligation to insure that the ic has the authorities and the tools it needs to keep us safe at home and abroad. Gentlemen, i look forward to your testimony and continued efforts to make taintain the integrity of this vital collection tool. I turn to the vice chairman for any comments he might have. Thank you, mr. Chairman. And thank you for hosting this hearing on the very important 702 program and ways we might insure its effectiveness. Ill get to that in a moment. However, given the panel of witnesses here, and given the recent news about Ongoing Investigations into russian interference in our 2016 elections, im going to take at least part of my time to pose questions during my question time. Each of you here today, we all know, have taken an oath to defend the constitution. As leaders of the Intelligence Community, youve also committed to provide advice and counsel in a way that is unbiassed, impartial, and devoid of any political considerations. This is the essence, quite honestly of what makes our Intelligence Community and all the men and women who work for you so impressive. You tell it straight, no matter which Political Party is in charge. And thats why its so jarring to hear recent reports of white house officials perhaps even the president himself, attempting to interfere and enlist our Intelligence Community leaders in any attempt to undermine the ongoing fbi investigation. Obviously tomorrow theres another big hearing. Well be hearing from former fbi director comey. I imagine hell have something to say about the circumstances surrounding his dismissal. We have now heard the president himself say that he was thinking about the Russian Investigation when he fired director comey, the very individual who is overseeing that same investigation. Today well have an opportunity to ask Deputy Attorney general rosenstein about his role in the comey firings as well. Additionally, weve seen reports, some as recently as yesterday, that the president asked at least two of the leaders of our nations intelligence agencies to publicly downplay the Russian Investigation. The president is alleged today also personally asked director coats and cia director pompeo to enter directly with then director comey to pull back on his investigation. Ill be asking director coats and director rogers about those reports today. If any of this is true, it would be an appalling and improper use of our intelligence professionals. And if true, it could erode the Publics Trust in our intelligence institutions. The ic, as ive grown to know over the last seven and a half years ive been on this committee prides itself appropriately on its fierce independence. Any attempts by the white house or even the president himself to exploit this community as a tool for political purposes is deeply, deeply troubling. I respect all of your service to the nation. I understand that answering some of the questions the panel will pose today may be difficult or uncomfortable, given your positions in the administration. But this issue is of such great importance, the stakes are so high, i hope youll also consider all of our obligations to the American People to make sure that they get the answers they deserve to so many questions that are being asked. Now ill return to the subject of our hearing. Mr. Chairman, i agree the reauthorization of section 702 is terribly important. As the attacks in london, paris, manchester, melbourne, and the list unfortunately goes on and on, all those attacks have demonstrated terrorists continue to plot attacks that target innocent civilians. Section 702 under court order collects intelligence about these potential terrorist plots. It authorizes Law Enforcement and the Intelligence Community to collect intelligence on nonu. S. Persons outside the United States. Where there is reasonable suspicion that they seek to do us harm. Ive been a supporter of reauthorizing section 702 to protect americans from terrorist attacks. And im eager to work with my colleagues on both sides of the aisle to make sure that we reauthorize it before the end of this year. A reauthorization of section 702 should insure, also, that there is robust oversight and restrictions to protect the privacy and Civil Liberties of americans. Those protections remain in place, and if there are areas where those protections can be strengthened, we ought to look at those as well. Thank you, mr. Chairman, i look forward to our hearing. Thank you, vice chairman. Let me say for all members, votes are no longer scheduled for 10 30. Votes have been moved to 1 45. When this hearing adjourned we will reconvene at 2 00 p. M. For a closed door session on section 702. I intend to start that hearing promptly at 2 00, today members will be recognized by seniority for questions up to five minutes. With that, gentlemen, thank you for being here today. Director coats you are recognized today give testimony on behalf of all four of you. The floor is yours. Thank you, mr. Chairman. Chairman burr, chairman warner, members of the committee, we are pleased to be here today at your request to talk about an important and perhaps the most important piece of legislation that affects the Intelligence Community. Im hear with my colleagues. I would like to take the opportunity to explain in some detail section 702. Given this is a public hearing, and hopefully the public will be watching, our efforts to provide transparency in terms of how we protect the privacy and Civil Liberties of an american citizens, needs to be explained. The Program Needs to be understood, so i appreciate your patience as i talked through in my Opening Statement the value of 702 to the Intelligence Community and keeping americans safe. Intelligence collection under section 702, fisa amendments, has produced and continues to produce significant intelligence that is vital to protect the nation against International Terrorism, against cyber threats, weapons proliferaters and other threats. At the same time, section 702 provides strong protections for the privacy and Civil Liberties of our citizens. Today, the horrific attacks that recently have occurred in europe are still at the top of my mind. I was just in europe days before the first attack in manchester, followed by other attacks that have subsequently taken place. I was in discussion with my british colleagues through this as well as colleagues in other european nations. My sympathies go out to the victims and families of those that have received these heinous attacks. To the incredible resilience that these communities affected by these violence have shown. Having just returned from europe less than three weeks ago im reminded of why section 702 is so important to our mission. Of not only protecting american lives but the lives of our friends and allies around the world. And although the many successes enabled by 702 are highly classified, the purpose of the authority is to give the United StatesIntelligence Community the upper hand in trying to avert these types of attacks before they transpire. Which is why permanent reauthorization of the fisa amendments act, without further amendment is the Intelligence Communitys top legislative priority. And based on the long history of oversight and transparency of this authority, i would urge the congress to enact this legislation at the earliest possible date to give our professionals the consistency they need to maintain our capability. Let me begin today by giving an example of the impact of section 702 of fisa. Its been cited before but i think its worth mentioning again. An nsa fisa section 702 collection against an email address, used by an al qaeda courier in pakistan revealed communications with an unknown individual located within the United States. The u. S. Based person was urgently seeking advice on how to make explosives. Nsa passed this information on to the fbi which in turn was able to quickly identify the individual. He and his associates, in fact, had imminent plans to detonate explosives on manhattans subway lines. After they were arrested, the privacy and Civil LibertiesOversight Board stated in its report, without the initial tipoff which came about by monitoring an overseas foreigners under section 702, the subway bombing plot might have succeeded. This is just one example out of many of the impacts this authority has had on the ics ability to thwart imminent threats and plots against United States citizens and our friends allies overseas. Since it was enacted nearly ten years ago, fisa has been subject to rigorous and constant oversight by all three branches of government. Indeed, we regularly report to the intelligence and Judiciary Committees of both the house and the senate how we have implem t implemented the statute. The operational value it is afforded and the extensive measures we take to insure that the governments use of these authorities complies with the constitution and the laws of the United States. Further, over the past few years, we have engaged in an unprecedented amount of public transparency on the use of these authorities. In the interest of transparency and because this is a public hearing, allow me to provide an overview of the framework for section 702 and the reasons why the congress amended fisa in 2008. I will then briefly address why 702 needs to be reauthorized and, finally, i will discuss oversight and compliance and how we are insuring and continue to insure the rights of u. S. Citizens, right rs that need toe protected. At the outset i want to address something as a backdrop. Collection under 702 has produced and continues to produce intelligence that is vital to protect the nation against International Terrorism and other threats. Secondly, there are important legal limitations found within section 702 of fisa. Let me note four of these legal limitations. First, the authorities granted under section 702 may only be used to target foreign persons located abroad for foreign intelligence purposes. Secondly they may not be used to target u. S. Persons anywhere in the world. Third, they may not be used to target anyone located inside the United States, regardless of their nationality. And, fourth, they may not be used to target a foreign person when the intent is to acquire the communications of a u. S. Person with whom a foreign person is communicating. This is generally referred to as the prohibition against reverse targeting. The third item i would like to stress is that we are committed to insuring that the Intelligence Committees use of 702 is consistent with the law and the protection of the privacy and Civil Liberties of americans. And to that end, in the nearly ten years since congress enacted the faa, there have been no instances of intentionally violations of section 702. Id like to repeat that. In the nearly ten years since congress enacted the amendments to the freedom act, the act that established fisa, there have been no instances of intentionally violations of section 702. With those points as a backdrop, now let me turn to the discussion of why it became necessary for congress to enact section 702. I do this so that the American Public can hopefully better understand the basis for this important law. The foreign intelligence and surveillance act was first passed in 1978. Creating a way for the federal government to obtain court orders for electronic surveillance of suspected spies, terrorist and foreign diplomats located inside the United States. When originally enacting fisa, congress decided that collection against targets located abroad would generally be outside of their regime. Fisas regime. That decision reflected that fact that people in the United States are protected by the 4th amendment, foreigners located abroad are not. Congress accomplished this in large part by defining electronic surveillance based on the technology of the time. In the 1970s, overseas communication were predominantly carried by satellite. Fisa, as passed in 1978 did not require a court order for the collection of these overseas satellite communications. For example, if in 1980 nasa intercepted a satellite communication of a foreign terroris