Why Section 702 is Essential

Floor Speech

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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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