OPENING STATEMENT OF RANKING MEMBER JOHN CONYERS, JR. Full Committee Markup of H.R. 2048, the USA FREEDOM Act of 2015

WASHINGTON - Today, during Markup of H.R. 2048, the USA FREEDOM Act of 2015, Ranking Member John Conyers, Jr. (D-MI) delivered the following remarks, as prepared for delivery:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Almost exactly one year ago, this Committee met to consider an earlier version of the USA FREEDOM Act.

“That earlier version—like the version we later considered on the House floor, and the version before us this morning—was far from perfect.

“But this Committee recognized one year ago that the perfect should not be the enemy of the good.  We voted unanimously to support last year’s measure, and I ask my colleagues for the same unanimous show of support today.

“Why must we make such a strong showing?

“First, we must act decisively to end dragnet surveillance in the United States.  The ban on bulk collection in this bill turns on the idea of a ‘specific selection term.’  The government may no longer ask for all records merely because some of them may be relevant. 

“From now on, they must instead use a term that specifically identifies a person, account, entity, address, or personal device as the basis for production.

“This bill improves on last year’s effort by further requiring that the selection term also limit the scope of production as narrowly as possible.  It also explicitly prohibits the use of very broad terms—like ‘area code 202’ or ‘Michigan’—to satisfy this requirement.

“For years, the government has misread the plain text of Section 215 of the PATRIOT Act and other statutes to justify surveillance programs that far exceed any authority granted by Congress.

“A vote for this bill rejects that reading of the law.  It is necessary and proper that we do so today.  We must also act swiftly to adopt the many other reforms included in this legislation.

“In the nearly 40 years since the creation of the Foreign Intelligence Surveillance Court, the government has advanced its legal theories ex parte, in camera, and in secret.  This bill corrects that practice—because, in this country, there is no such thing as secret law.

“The USA FREEDOM Act requires the government to declassify and publish all novel and significant opinions of the court. 

“The bill also creates a panel of experts to advise the court on the protection of privacy and civil liberties, communications technology, and other legal and technical matters. 

“In significant cases, the court must either appoint such an expert, or explain in writing why it has declined to do so.  These experts will provide an important check on the government, and finally give the court an opportunity to hear an opposing argument.

“These changes—along with robust reporting requirements for the government, and flexible reporting options for private companies—mean that the public will now know far more about how these surveillance authorities are actually used.

“This legislation makes many other timely changes.  And although we will not consider every reform I had hoped to include, this version of the USA FREEDOM Act is an obvious improvement over last year’s product, and a vast improvement over current law.

“Finally, I urge my colleagues to support this bill because the House Judiciary Committee must lead the Congress in these matters.   The House looks to this Committee first for a reason.  We are the proper forum for a complex discussion about privacy and civil liberties. 

“We believe that it is possible to have an open, honest conversation about the tools our government uses to keep us safe. 

“We believe that this conversation includes a serious look at whether those tools accord with our national values.

“We believe that public debate on core questions of privacy and free association not only builds confidence in our government, but lends credibility and resilience to a national security infrastructure that is built to last.

“There will be members of the House and Senate who oppose this bill because it does not include every reform to surveillance law we can imagine.  And there will be others who oppose it because it includesany changes to existing surveillance programs.  But here, today, in this Committee, we will once again strike the balance that leadership entails.

“The underlying provisions of the PATRIOT Act expire in a matter of days.  Diehards from either end of the political spectrum will want us to march to the brink.  Mr. Chairman, there is a better way.

“This bill represents a reasonable consensus.  It makes substantive reforms.  It ends dragnet surveillance, and it does so without diminishing our overall ability to protect this country.  It has earned the support of both privacy advocates and the intelligence community.  In short, it beats brinksmanship by a longshot. 

“I thank you, Mr. Chairman, for your willingness to work with Mr. Sensenbrenner, Mr. Nadler, and myself to reintroduce a stronger version of the USA FREEDOM Act.  I urge my colleagues to give this bill the fullest possible support, and I yield back.”

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GOODLATTE & CONYERS: HOUSE JUDICIARY COMMITTEE TO HOLD HEARING ON LAW ENFORCEMENT ACCOUNTABILITY

WASHINGTON – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John Conyers (D-Mich.) today announced that the House Judiciary Committee will hold a hearing to examine police accountability, aggression towards law enforcement, public safety concerns related to these issues, and solutions to address these problems.  The hearing will be held this month and witnesses will be announced at a later date.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Chairman Goodlatte: “Tragic news reports of excessive force by law enforcement and attacks on police officers have raised our nation’s conscience about how law enforcement interacts with our nation’s citizens.  In the coming weeks, the House Judiciary Committee will hold a hearing so we can work together to ensure the safety of our communities, our citizens and those charged with protecting them.”

Ranking Member Conyers:  “Our country has been plagued by unrest due to a series of tragic incidents related to police-involved violence. In far too many cases, we have experienced situations that are further dividing communities and law enforcement. I am pleased that we will be having a hearing to examine this national crisis impacting the nation and look forward to working with Chairman Goodlatte on these critical issues.

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CONYERS: GOP BUDGET PLAN IS DESTRUCTIVE AND DISINGENUOUS

WASHINGTON – Following his vote against the House GOP’s federal budget resolution, Congressman John Conyers, Jr. (MI-13) issued the following statement:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Congressional Republicans’ federal budget proposal is a decisive step in the wrong direction.  The budget plan seeks to reduce investments in retirement security, education, infrastructure, and healthcare while attempting to hide irresponsible increases in Pentagon spending through accounting gimmicks.  While this measure is a guiding framework for Congressional action—and not binding law—it nonetheless paints a disturbing picture of Republican priorities for the upcoming federal funding process.  I will continue to reject Republican efforts to cut funding for key national priorities and call on President Obama to veto any efforts to put struggling seniors, students, and families at risk.  

“At a time of rising insecurity for America’s retirees, the Republican budget resolution seeks to turn Medicare into—of all things—a voucher program.  Republicans are trying, in other words, to turn Medicare’s healthcare guarantee into mere coupon clippings for seniors.  Their proposal also undercuts struggling families and young Americans, attempting to turn Medicaid and the Children’s Health Insurance Programs into limited “block grants” to states that can be diverted to other programs and priorities.   

“At a time when America’s students are struggling with unsustainable debt, the GOP budget proposal seeks to eliminate nearly $85 billion in Pell Grants, making higher education more expensive for students in need.

“At a time when families across the country are struggling to put nutritious food on the table, the GOP budget proposal also seeks to turn essential food security programs including the SNAP program into “block grants” that can be compromised or cut by states.  Just when 16 million previously-uninsured Americans finally receive quality healthcare through Obamacare, the GOP budget seeks to repeal the Affordable Care Act without offering recourse to people who need coverage.   

“The Republican budget seeks to protect the Pentagon from budget cuts through a disingenuous accounting maneuver:  shifting up to $187 billion over the next several years into a shadowy war spending account known as Overseas Contingency Operations Fund.  In other words, the GOP budget seeks to shift the burden of deficit reduction away from weapons-makers and well-funded Pentagon programs onto struggling seniors, students, and families. 

“There’s a better way.  As a proud co-author of the Congressional Progressive Caucus budget, I believe we must strengthen our safety net and invest in 21st-century infrastructure, manufacturing, education, and environmental protection.  We need investment—not austerity.” 

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REPS. CONYERS AND LAWRENCE ON POLICE-INVOLVED SHOOTING IN DETROIT

WASHINGTON - Today, Reps. John Conyers, Jr. (MI-13) and Brenda Lawrence (MI-14) issued the following statement after an officer in the Immigration and Customs Enforcement Agency, serving as part of the Detroit Fugitive Apprehension Team (associated with the U.S. Marshals Service) was involved in the fatal shooting of a suspect while serving a warrant at a west side Detroit home on Monday, April 27:

“People of good conscience around the nation are examining the conduct of our law enforcement agencies with a heightened sense of scrutiny.  This most recent shooting in Detroit again raises concerns about police-involved shootings in our communities.  It is important to note that this incident is under investigation by both Michigan and federal authorities.  Our offices will continue to monitor the status of the investigations to ensure that justice is served for the families involved and our community.”

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HOUSE JUDICIARY MEMBERS CONYERS, NADLER, GOODLATTE AND SENSENBRENNER INTRODUCE THE USA FREEDOM ACT

Bipartisan bill to be marked up on Thursday, April 30^th

Washington, D.C. – Today, House Judiciary Committee Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers (D-MI.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-WI), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerry Nadler (D-NY) will introduce the USA Freedom Act.  This bipartisan bill builds on the Committee’s extensive work on this issue last Congress, containing even stronger protections for Americans’ civil liberties, providing for even greater transparency for both the private sector and government, and preventing government overreach, while enhancing national security.  The House Judiciary Committee will mark up this legislation on Thursday, April 30^th at 10:00 a.m. in 2141 Rayburn House Office Building.

In June 2013, unauthorized disclosures of classified information revealed to the American people that the National Security Agency had been collecting bulk telephony “metadata” under the Foreign Intelligence Surveillance Act (FISA).  Following the revelation of this information, the House Judiciary Committee worked extensively last Congress to end the NSA’s bulk collection program: it conducted aggressive oversight of our nation’s intelligence-gathering programs operated under FISA and approved bipartisan legislation in Committee, which was ultimately passed overwhelmingly in the House of Representatives. However, the Senate failed to pass legislation on this issue.   

Crime Subcommittee Chairman Sensenbrenner, Chairman Goodlatte, Ranking Member Conyers, and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Nadler praised the introduction of the bill in the joint statement below. 

“As several intelligence-gathering programs are set to expire in a month, it is imperative that we reform these programs to protect Americans’ privacy while at the same time protecting our national security. The bipartisan bill introduced today builds on the Committee’s work on this issue last year. It enhances civil liberties protections, increases transparency for both American businesses and the government, ends the bulk collection of data, and provides national security officials targeted tools to keep America safe from foreign enemies. We look forward to expeditiously moving this strong, bipartisan bill through the House Judiciary Committee and then through Congress so that we rein in government overreach and rebuild trust with the American people.  We thank Senators Lee and Leahy for working on this issue and introducing companion legislation in the Senate.”

Key Components of the USA Freedom Act:

Protects civil liberties: 

·         Ends bulk collection: Prohibits bulk collection of ALL records under Section 215 of the PATRIOT Act, the FISA pen register authority, and national security letter statutes.

·         Prevents government overreach: The bulk collection prohibition is strengthened by prohibiting large-scale, indiscriminate collection, such as all records from an entire state, city, or zip code. 

·         Allows challenges of national security letter gag orders:  NSL nondisclosure orders must be based upon a danger to national security or interference with an investigation. Codifies procedures for individual companies to challenge nondisclosure orders.  Requires periodic review of nondisclosure orders to determine necessity.

Improves transparency and better information-sharing with the American people:

·         Expertise at the FISA court:  The bill creates a panel of amicus curie at the FISA court to provide guidance on matters of privacy and civil liberties, communications technology, and other technical or legal matters.

·         Declassified FISA opinions: All significant constructions or interpretations of law by the FISA court must be made public.  These include all significant interpretations of the definition of “specific selection term,” the concept at the heart of the ban on bulk collection.

·         Robust government reporting: The Attorney General and the Director of National Intelligence will provide the public with detailed information about how they use these national security authorities.

·         Robust company reporting:  Tech companies will have a range of options for describing how they respond to national security orders, all consistent with national security needs.  

Strengthens national security:

·         Gives the government the tools it needs:  Creates a new call detail records program that is closely overseen by the FISA court.

·         Contains an additional tool to combat ISIL:  The bill closes a loophole in current law that requires the government to stop tracking foreign terrorists when they enter the U.S. This provision gives the government 72 hours to track foreign terrorists when they initially enter the United States (it does not apply to U.S. persons) – enough time for the government to obtain the proper authority under U.S. law.

·         Increases the statutory maximum prison sentence to 20 years for providing material support or resources to a designated foreign terrorist organization. 

·         Enhances investigations of international proliferation of weapons of mass destruction.

·         Protects United States’ maritime activities from nuclear threats, weapons of mass destruction, and other threats by implementing the obligations of various treaties to which the United States is a party.

·         Provides strictly limited emergency authorities:  Creates new procedures for the emergency use of Section 215 but requires the government to destroy the information it collects if a FISA court application is denied.

Learn more about the USA Freedom Act by clicking here.

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REPS. CONYERS AND JACKSON LEE CALL FOR CONGRESSIONAL ACTION ON DATA COLLECTION LEGISLATION

WASHINGTON – Today, House Judiciary Committee Ranking Member John Conyers, Jr. (MI-13) and Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (TX-18) released the following joint statement in support of their bills, the End Racial Profiling Act (H.R. 1933) and the CADET Act (H.R. 1810) respectively, that would enhance and Federalize much-needed data collection in law enforcement practices:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“For the last eight months, our nation has been shaken by a continuing stream of police-involved deaths arising from traffic and pedestrian stops.  Unfortunately, the Republican majority in Congress has failed to take action on any legislation that would address community concerns or offer greater accountability from law enforcement. 

“Since the shooting of Michael Brown in Ferguson, MO, over 15 bills have been referred to the Judiciary Committee to address discriminatory policing practices, two of which feature data collection as a major component: the End Racial Profiling Act and the CADET Act.  These vital pieces of legislation will help address the lack of data of discriminatory police practices and of deaths in police custody.  Law enforcement leaders, such as FBI Director James Comey, have acknowledged and requested the need for mandatory reporting of this data.

“Dating back to the leadership of Rep. Henry Hyde (R-IL), where the House twice passed the Traffic Stops Statistics Study Act and in 2001, when President Bush called for legislation to end racial profiling, bipartisanship has been has been the hallmark of congressional action on law enforcement accountability.  Given the heightened level of concerns, the same should be true in the 114^th Congress.  

“Next month, we and others plan to introduce comprehensive legislation to address the broader scope of law enforcement accountability issues.  That legislation will provide police officers -- the vast majority who are concerned about their communities -- the tools necessary to work with their communities and to enhance their professional growth and education.  As we move into the month of May, which includes Law Enforcement Week, we hope to continue building a bipartisan coalition to reestablish community confidence in law enforcement which has been seriously undermined by these recent incidents.”

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CONGRESSMAN CONYERS APPLAUDS THE CONFIRMATION OF LORETTA LYNCH AS NEXT U.S. ATTORNEY GENERAL

WASHINGTON – Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) released the following statement after the U.S. Senate confirmed Loretta Lynch, currently the United States Attorney for the Eastern District of New York, to be the next U.S. Attorney General of the Department of Justice by 56 – 43 vote:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Despite an unprecedented delay, I am relieved that Senate Republicans were able to resolve their differences and prioritize the confirmation of Loretta Lynch as our first female African American Attorney General.  Our outgoing Attorney General Eric Holder has done tremendous work during his extensive tenure and his tenacity will be missed.  I am confident Ms. Lynch will assume the role seamlessly and get right to work.  The Department of Justice will be in good hands under her sturdy leadership and I look forward to working with her on critical issues that are impacting the nation.”

Rep. John Conyers, Jr. (D-MI) is the Ranking Member of the House Judiciary Committee which has jurisdiction over protecting constitutional freedoms and civil liberties, oversight of the U.S. Departments of Justice and Homeland Security, legal and regulatory reform, innovation, competition and anti-trust laws, terrorism, crime and immigration reform.

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