Derek on H.R. 3361

Dear Larry, Thank you for contacting me about H.R. 3361, the USA FREEDOM Act. I appreciate you taking the time to share your thoughts with me. The recent release of classified intelligence activities has sparked discussions regarding how the U.S. Intelligence Community collects information. People want to know if their right to privacy has been violated. Moreover, Americans want to know how Congress is going to ensure that the Intelligence Community respects our freedoms as it maintains the authorities designed to keep us safe. Civil liberties are a very important part of our democracy. It is vital that strong checks and balances exist within all government security measures to ensure those rights and liberties are protected. At the same time, there are legitimate threats that exist.   With that in mind, our intelligence and law enforcement officials must have the resources they need to keep us safe.   There must be clear and firm rules to guide their work so that while they work to safeguard Americans' safety they are also protecting their civil liberties. I'd like to take a moment to share some key elements I believe should be in any legislative proposal designed to address these concerns. First, Congress must increase the level of oversight of the Intelligence Community.   The American people and their representatives in Congress should never be surprised by the tools that are being used – nor how they are being used. Second, the judicial processes involved in these surveillance activities must be improved.   For instance, Congress must strengthen the checks and balances in the judicial proceedings leading up to intelligence collection and during collection activities.   Congress should also   increase the level of transparency for FISA Court operations, decision making, and issuance of orders.   In addition, there should be a clear prohibition on the acquisition, monitoring, and storage of content of electronic communications of American citizens.   Americans should not have to worry about the federal government reading their emails. We are beginning to see some legislative proposals designed to move this discussion forward.   Rep. James Sensenbrenner (Wis.) introduced the USA FREEDOM Act to address the various privacy and governance questions that I touched on. The legislation proposes several solutions to legitimate concerns voiced by our friends and neighbors. Some of those solutions include ending bulk collection, requiring the National Security Agency to obtain a warrant prior to collecting on specific individuals, increasing the transparency of the FISA Courts, establishing checks and balances in the FISA Courts through the creation of a Special Advocate, and improving transparency through the publication of several Inspector General reports. I believe many of these steps make a lot of sense. I am reviewing the USA FREEDOM Act and other legislative initiatives on this subject. The House Permanent Select Committee on Intelligence has already begun holding hearings and formulating legislation similar to the USA FREEDOM Act. Meanwhile, the Senate Intelligence Committee has addressed technical aspects of the intelligence programs in question. I intend to be a part of finding solutions and helping to strengthen protection of our civil liberties, while maintaining vigilance against terrorism. As such proposals come forward I'd certainly value your continued input. Hearing from people in our region is very important to my work. I encourage you to continue to share your views with me on this topic or any other issue. Thank you for reaching out. It is an honor to serve as your representative. Sincerely,  Derek Kilmer Member of Congress