E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, WEDNESDAY, MAY 20, 2015 No. 78 Senate The Senate met at 9:30 a.m. and was appoint the Honorable RAND PAUL, a Senator jority kept its focus on facts, sub- called to order by the Honorable RAND from the Commonwealth of Kentucky, to stance, and good policy for the people PAUL, a Senator from the Common- perform the duties of the Chair. who remained our focus throughout the wealth of Kentucky. ORRIN G. HATCH, debate, and that is the victims of mod- President pro tempore. f ern slavery. Mr. PAUL thereupon assumed the I could not be more grateful to Sen- PRAYER Chair as Acting President pro tempore. ator CORNYN for his outstanding work The Chaplain, Dr. Barry C. Black, of- f on this issue. I thank the House for fered the following prayer: passing such an important human Let us pray. RECOGNITION OF THE MAJORITY rights bill yesterday. Now I urge the O Lord, our rock, hear our praise LEADER President to sign this legislation from today, for Your faithfulness endures to The ACTING PRESIDENT pro tem- the new Congress as quickly as pos- all generations. You hear our prayers pore. The majority leader is recog- sible. The victims of such terrible and surround us with Your mercy. You nized. abuse have had to wait entirely too are our strength and our shield. Listen f long for Washington’s help. Let’s not to the melody of our gratitude, for You make them wait a moment longer. are the center of our joy. JUSTICE FOR VICTIMS OF f TRAFFICKING ACT Lord, thank You for illuminating our TRADE paths with Your precepts, dispelling Mr. MCCONNELL. Mr. President, yes- the darkness of doubt and fear. Today, terday’s House passage of the Justice Mr. MCCONNELL. Mr. President, yes- guide our lawmakers. Be their shep- for Victims of Trafficking Act rep- terday Senator WARNER, a Democrat, herd in these dangerous times. Give resents a vital ray of hope for the and Senator ERNST, a Republican, them eyes to see that You have not left countless victims of modern slavery joined me in hosting a press conference Yourself without a witness in every liv- who need our help. Victims groups and with small business owners on the ben- efits of trade for entrepreneurs. I want ing thing. Help them, Lord, to walk advocates tell us that this human to thank them both for coming. I with reverence and sensitivity through rights legislation would provide un- thank Senator WARNER, in particular, all the days of their lives. precedented support to domestic vic- for helping to lead his party on this We pray in Your Holy Name. Amen. tims of trafficking. They urged Con- issue. f gress to pass it. We were joined by small business We can now say that we have passed PLEDGE OF ALLEGIANCE owners with some pretty incredible it. We can now say that hope is on the stories. These Americans highlighted The Presiding Officer led the Pledge way for the victims who suffer in the of Allegiance, as follows: opportunities that knocking down un- shadows. Unfortunately, the victims of fair overseas barriers to American I pledge allegiance to the Flag of the modern-day slavery had to wait en- products can provide to us here at United States of America, and to the Repub- tirely too long for help. home. lic for which it stands, one nation under God, Last Congress, the House of Rep- indivisible, with liberty and justice for all. My favorite, obviously, was Chase resentatives did its job by passing sev- Robbins, a constituent of mine from f eral pieces of legislation, but the Sen- Shelbyville. After Chase was medically APPOINTMENT OF ACTING ate failed to bring any trafficking leg- discharged from the Army, he was able PRESIDENT PRO TEMPORE islation to the floor. to scrape together $1,600 with a buddy The PRESIDING OFFICER. The As a new majority, Senate Repub- and start the kind of business he had clerk will please read a communication licans were determined to make this already dreamed of as early as 2010. It to the Senate from the President pro matter a priority. Senator GRASSLEY is a business that specializes in just the promptly reported legislation out of tempore (Mr. HATCH). kind of thing you would expect a young The legislative clerk read the fol- the Judiciary Committee, and we guy such as Chase to be into—high-per- lowing letter: quickly put it on the Senate floor. formance auto parts. And, thanks to As we all know by now, there was an trade, it is now both a business that ex- U.S. SENATE, unforeseen—to put it mildly—impedi- PRESIDENT PRO TEMPORE, ports a percentage of its products and Washington, DC, May 20, 2015. ment to getting this bill done. But we one that also employs fellow Kentuck- To the Senate: were determined to see this legislation ians. Under the provisions of rule I, paragraph 3, through to successful completion. Suc- His is a small business with just of the Standing Rules of the Senate, I hereby cess was possible because the new ma- three employees for now—just three for

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S3089

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VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.000 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3090 CONGRESSIONAL RECORD — SENATE May 20, 2015 now—but it is a small business that is a robust amendment process if every time. When the Republicans took over allowing him to live his dreams and to single amendment offered by Demo- the Senate, the majority leader prom- help others live theirs, too. It is a story crats or Republicans is objected to by ised to make the needs of Americans a countless other Americans know all our friends on the other side. priority. Here is what he said last No- too well and one we should do every- Our bill managers, Senator HATCH vember: ‘‘Under a new majority, our thing to encourage. Yet, while Chase and Senator WYDEN, are working hard. focus would be on passing legislation has achieved success thanks to trade, We hope to get past these objections so that improves the economy, that he knows there is still a lot more we that more amendments can be consid- makes it easier for Americans to find should be doing if the aim is to help ered. But we will need cooperation. The jobs, and that helps restore Americans’ businesses grow, help his employees Senate cannot vote on amendments confidence in their country and their earn more, and help other Kentuckians that are being prevented. government.’’ live their dreams too. We hope to see more of that coopera- Why then have we not moved toward Here is what Chase said yesterday: tion so we can pass good, fair, and en- legislation that makes it easier for As our business has grown internationally, forceable trade legislation that will Americans to find jobs or reforms that we have been confronted with barriers that benefit our country and so many of the help us restore Americans’ confidence compromise global markets. It was not long people we represent. in their government? after sending our first shipment overseas f A few months after November—actu- that we realized trade rules were outdated ally the beginning of this year—the for our business. Most of the agreements and RECOGNITION OF THE MINORITY majority leader reiterated a call for rules were written before small businesses LEADER like ours were able to fully utilize the inter- commonsense legislation that puts the net to exploit the global market. Trade The ACTING PRESIDENT pro tem- middle class first. He said: ‘‘Let’s pass agreements offer the best chance to lower pore. The Democratic leader is recog- legislation that focuses on jobs and the barriers and increase market access for nized. real concerns of the middle class.’’ small companies like mine. We see a bright f But, again, what have the Senate Re- future for . . . companies like ours in the ex- publicans done? They have stopped any ISSUES FACING THE MIDDLE port market but we need new trade deals to effort made to help the middle class, CLASS get there. whether it is minimum wage, equal pay And this, Mr. President, is a business Mr. REID. Mr. President, at the end for men and women, student debt, and with three employees that is exporting of this month, Republicans will have on and on with things that would help products. been in charge of the Senate for almost the middle class. They have been ig- So here was Chase’s solution: ‘‘Trade half a year. After all of this time, what nored. We should be focusing on mak- Promotion Authority is the first step have they done to address issues facing ing it easier for Americans to find jobs, towards modernizing trade agree- the middle class? Zero. addressing the needs of the middle ments,’’ he said, ‘‘and I encourage Con- Let’s take a quick look at what the class and restoring Americans’ faith in gress to pass TPA as soon as possible.’’ Republican leadership has achieved our government. Entrepreneurs such as Chase know this year. The Keystone Pipeline legis- It is not enough for the majority that the United States does not have lation took a month, a bill that was leader to mouth these words that he many trade barriers, but other coun- nothing more than a favor for billion- supports jobs. His agenda must reflect tries do. They know that many of these aires and special interests. It would it, as well. But it does not. It does not barriers are extremely unfair to Amer- allow foreign oil to be imported into do anything to help job creation. If we ican workers and American products. the United States to be shipped to for- want to create jobs, why don’t we do They know that passing trade pro- eign countries. It has spent almost an- something with infrastructure, the sur- motion authority is the way to address other month on the shutdown of the face transportation bill? such an unfair situation. Department of Homeland Security—the To his credit, the Presiding Officer Our friends on the far left may try to shutdown of the Department of Home- has an idea regarding how that should cynically spin their war against the fu- land Security—during a time when be paid for. I have worked with him ture of something other than what it ISIS is raging and all the other prob- and, whether his idea and my idea are truly is, but we all know better. It is lems around the world, and they—the perfect, at least it is an effort to figure no wonder President Obama has called Republicans—want to shut down the out some way to do something about them ‘‘wrong’’ and suggested that they Federal Government as it relates to jobs. Jobs—we have to do something make stuff up. What happens if the far Homeland Security. about surface transportation. Some 50 left actually succeeds in its apparent We spent 3 weeks on a senseless delay percent of America’s roads are in dis- quest to retain foreign tariffs that un- over funding for victims of human traf- repair, and 64,000 bridges are struc- fairly impact American workers and ficking, over an abortion issue that had turally deficient. Our railroad systems their paychecks? How is that good for nothing to do with human trafficking. are outdated, and we know that re- us? I would respond to my friend, the ma- cently from the headlines we have seen It would mean lost opportunities for jority leader, we would have passed with that devastating accident in American risk takers such as Chase this last Congress, except that they ob- Pennsylvania. Instead of working with and the employees who entrepreneurs jected to it—short memory, I think. Democrats to provide adequate, long- such as him care about. It would mean Now, here we are spending the last term investment into our country’s lost opportunities for American manu- week considering trade legislation that surface transportation, Republicans facturers, lost opportunities for Ken- has done nothing—nothing, not a sin- are advocating for short-term fix after tucky farmers, and lost opportunities gle thing—to help working middle- short-term fix. for more jobs, better wages, and a class Americans. In fact, it causes huge Repairing our Nation’s roads and growing economy that can lift every- job losses. As Einstein said, if you keep bridges through long-term investments one up. doing the same thing over and over could provide thousands of jobs for Jobs and a better economy are the again and you expect a different result, Americans. If the Republican leader kinds of things I am going to continue that is the definition of insanity. truly has the interests of the middle to fight for. I think the legislation be- We can look at these trade bills over class at heart, he should be leading the fore us represents a great opportunity the years. Every one of them, without charge for these investments, but he is to do so. President Obama agrees, as exception, causes job losses to Amer- leading the charge against them. well. So I am going to keep working to ican workers, millions of job losses. Today, the Senate will resume con- get votes on amendments—both Repub- Yet they are going to try the same sideration of the trade legislation. Be- lican and Democrat amendments. thing again and hope for a different re- cause of Senate Democrats, that trade There have been objections from the sult. That is insanity. legislation includes vital programs other side of the aisle. I would remind If the Senate is not actively advo- that help America’s workers retrain our colleagues that even with my cating for the well-being of middle- and find new employment if they lose strong support, the Senate cannot have class Americans, we are wasting our their jobs because of foreign trade. And

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.002 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3091 they are going to lose jobs. Even refers to people who are complaining and American businesses support it. though a majority of the Senators about what is going on here. Boeing Last year, this vital program sustained don’t support this trade legislation, we thinks something should be done with 165,000 jobs at no cost to the taxpayers. have tried hard to improve it, and this the Export-Import Bank. Why? Because If we don’t reauthorize this program, trade adjustment assistance is one way they can compete with Airbus and all American businesses will be at a com- we can try to improve it. of these other companies that build petitive disadvantage. What was the Republican’s first airplanes. If we don’t have the Bank, While the majority leader talks amendment to the trade bill? It was an they cannot compete. about restoring faith in government, amendment to strike a program known Mr. President, I could pick any State he is standing in the way of reforming as trade adjustment assistance, which I of the 50—I was given here this morn- the National Security Agency’s illegal just talked about, from the bill. This ing the State of Virginia because the spying program. I did not make up the program helps those who lose their jobs State of Virginia was mentioned in words ‘‘illegal spying program’’; the because of trade. And they will lose some of the remarks by the Republican Second Circuit Court said it. It is an il- their jobs. leader. I have page after page—millions legal program. As we talk about opening foreign and millions of dollars that benefit These are just a few areas where re- markets to American products, surely businesses in Virginia. It is the same newed focus would create jobs and we should do something so that Amer- all over the country—in Nevada, Ken- produce positive outcomes for middle- ican companies have the tools to com- tucky, everyplace. class Americans. The Republican lead- pete internationally. We have talked about trade that The Export-Import Bank is weeks won’t work. Let’s talk about the Ex- er should revisit his vision, which up to away from expiring. If it expires, fi- port-Import Bank, which does work. I this point has only been words. There nancing for billions of dollars of U.S. so admire and appreciate the persist- has been no action. The direction this exports will disappear and thousands of ence and advocacy of the Senator from Congress has taken so far has only fo- cused on the desires of a few at the ex- American jobs will be in jeopardy. How Washington, Ms. CANTWELL. But for much does it cost? Nothing. Zero. It is her, this issue would be lost. It would pense of many. an ideological mindset that the Repub- be gone with all the other stuff that Mr. President, I ask unanimous con- licans have—they don’t like govern- goes into the trash can because of the sent that the numbers I referred to ment programs. Republicans. from the State of Virginia be printed in We are losing internationally. We are The Republican leader has said over the RECORD. losing trade. I don’t think anyone can and over again that he is opposed to There being no objection, the mate- call the Boeing Company a leftwing the Bank. Well, that is too bad. The rial was ordered to be printed in the liberal group, as the Republican leader American people certainly support it RECORD, as follows: VIRGINIA COMPANIES FINANCED BY EX-IM BANK FY07–FY15 Source: Public Information; Ex–Im Bank Web Site

Total insured shipments, Exporter City District Product guaranteed credit or Total exp value disbursed loan amount

Abb Inc...... South Boston ...... 05 Electrical Equipment Manufacturing and Sales ...... $97,428 $175,030 Aeroprobe Corporation ...... Christiansburg ...... 09 Professional, Scientific and Technical Services ...... $24,960 $24,960 Alainn Llc ...... Arlington ...... 08 Administrative, Management and Support Services ...... $285,008 $285,008 Alfa Laval Thermal Inc ...... Richmond ...... 03 Fabricated Metal Product Manufacturing and Sales ...... $327,015 $397,159 All American Business Consulting Llc ...... Chantilly ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $93,760 $93,760 Alliant Techsystems Operations, Inc ...... Radford ...... 02 Fabricated Metal Product Manufacturing and Sales ...... $128,303 $128,303 Alpha Coal Sales Co., Llc ...... Bristol ...... 09 Ore & Mineral Mining and Sales ...... $212,393,085 $212,393,085 Altum, Incorporated ...... Reston ...... 11 Professional, Scientific and Technical Services ...... $854,933 $854,933 American Biosystems, Inc...... Roanoke ...... 06 Chemical Manufacturing and Sales ...... $1,734,990 $1,734,990 American Hardwood Industries, Llc ...... Waynesboro ...... 06 Wood Product Manufacturing and Sales ...... $18,000,000 $60,000,000 American Hofmann Corporation ...... Lynchburg ...... 06 Machinery Manufacturing and Sales ...... $44,728 $44,728 Amscoglobal Llc ...... Vienna ...... 11 Machinery Manufacturing and Sales ...... $192,236 $192,236 Aon International Space Brokers ...... Rosslyn ...... 08 Insurance ...... $20,592,935 $24,169,936 Aon International Space Brokers ...... Rosslyn ...... 08 Insurance ...... $20,339,686 $23,310,434 Aquamatic Inc ...... Roanoke ...... 09 Electrical Equipment Manufacturing and Sales ...... $66,129 $66,129 Augusta Lumber, Llc ...... Waynesboro ...... 06 Wood Product Manufacturing and Sales ...... $278,849 $278,849 Bakery Holdings Llc ...... Richmond ...... 03 Machinery Manufacturing and Sales ...... $3,600,000 $14,000,000 Banner Aerospace Holding Company, Inc...... McLean ...... 11 Transportation Equipment Manufacturing and Sales ...... $16,200,000 $72,000,000 Banner Aerospace, Inc...... Ashburn ...... 10 Transportation Equipment Manufacturing and Sales ...... $13,500,000 $40,000,000 Beach Mold & Tool Virginia, Inc...... Emporia ...... 04 Machinery Manufacturing and Sales ...... $65,225 $65,225 Birdsong Peanuts ...... Suffolk ...... 04 Crop Production and Sales ...... $669,955 $669,955 Blue Ridge Mountain Resources, Llc ...... Charlottesville ...... 05 Wood Product Manufacturing and Sales ...... $128,960 $128,960 Blue Ridge Numerics Inc ...... Charlottesville ...... 05 Professional, Scientific and Technical Services ...... $450,000 $4,250,000 Bone Doctors’ Bbq, Llc ...... Charlottesville ...... 05 Food Manufacturing and Sales ...... $45,158 $45,158 Bontex, Inc ...... Buena Vista ...... 06 Chemical Manufacturing and Sales ...... $6,748,307 $6,748,307 Boss Lumber Corporation ...... Galax ...... 09 Wood Product Manufacturing and Sales ...... $72,936 $72,936 Brg Machinery Consulting ...... Charlottesville ...... 05 Administrative, Management and Support Services ...... $59,219 $98,625 Bristol Compressors International, Inc...... Bristol ...... 09 Machinery Manufacturing and Sales ...... $162,000,000 $250,000,000 Cableform Incorporated ...... Troy ...... 07 Electrical Equipment Manufacturing and Sales ...... $7,091,630 $7,091,630 Cadence, Inc...... Staunton ...... 06 Other Misc Mfg and Sales of Non Capital Equipment ...... $5,553,034 $5,553,034 Campofrio Food Group America Inc ...... South Chesterfield ...... 04 Food Manufacturing and Sales ...... $4,713,286 $4,713,286 Catoctin Creek Distilling Co, Llc ...... Purcellville ...... 18 Beverage and Tobacco Product Mfg and Sales ...... $35,741 $35,741 Commercial Lynks Inc...... Alexandria ...... 08 Food Manufacturing and Sales ...... $50,357,430 $83,947,430 Delta Star, Inc ...... Lynchburg ...... 06 Electrical Equipment Manufacturing and Sales ...... $106,705 $2,022,564 Dexter W Estes ...... Lyndhurst ...... 06 Machinery Manufacturing and Sales ...... $10,062 $10,062 Dupont Teijin Films ...... Chester ...... 04 Plastics and Rubber Products Mfg and Sales ...... $245,813 $245,813 Dupont Teijin Films ...... Hopewell ...... 04 Plastics and Rubber Products Mfg and Sales ...... $373,931 $373,931 Dupont Teijin Films ...... Hopewell ...... 04 Plastics and Rubber Products Mfg and Sales ...... $297,603 $297,603 Eagle Paper International, Inc...... Virginia Beach ...... 02 Paper Manufacturing and Sales ...... $43,116,377 $43,116,377 Earthwalk Communications Inc...... Manassas ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $1,192 $1,192 East Coast Impex, Llc ...... Manassas ...... 01 Crop Production and Sales ...... $1,129,413 $1,129,413 Ekpac China Inc...... Arlington ...... 08 Other Service Providers ...... $18,179,979 $21,388,210 Erath Veneer Corporation of Virginia ...... Rocky Mount ...... 05 Wood Product Manufacturing and Sales ...... $10,443,221 $10,443,221 F R Drake Company ...... Waynesboro ...... 06 Machinery Manufacturing and Sales ...... $303,025 $356,500 Federal Pacific Transformer Company ...... Bristol ...... 09 Electrical Equipment Manufacturing and Sales ...... $55,248 $55,248 Ferguson Enterprises, Inc...... Newport News ...... 02 Fabricated Metal Product Manufacturing and Sales ...... $4,269,751 $5,441,608 Fitzgerald Lumber & Log Co., Inc...... Buena Vista ...... 06 Wood Product Manufacturing and Sales ...... $11,464,695 $11,464,695 Fleshner & Kim Llp ...... Herndon ...... 11 Judicial Systems and Public Safety Institutions ...... $900,000 $3,000,000 Flowserve Corporation ...... Chesapeake ...... 04 Machinery Manufacturing and Sales ...... $5,733,476 $7,267,029 Foley Material Handling Co., Inc ...... Ashland ...... 07 Machinery Manufacturing and Sales ...... $2,160,000 $6,000,000 Freightcar America ...... Roanoke ...... 06 Machinery Manufacturing and Sales ...... $2,842,665 $3,326,300 Gala Industries, Inc...... Eagle Rock ...... 06 Machinery Manufacturing and Sales ...... $238,145 $279,810 Gatekeeper, Inc...... Sterling ...... 10 Electrical Equipment Manufacturing and Sales ...... $2,464,016 $2,464,016 GeoScienceWorld ...... Arlington ...... 08 Professional, Scientific and Technical Services ...... $27,797 $49,118 Gigamedia Access Corporation ...... Herndon ...... 11 Internet Content & Service Providers ...... $810,000 $1,000,000 Global Food Connection, Inc...... Danville ...... 05 Food Manufacturing and Sales ...... $16,685,410 $16,685,410 Good Harbor Consulting, L.L.C...... Arlington ...... 08 Administrative, Management and Support Services ...... $3,500,000 $3,500,000 Group Logic Inc...... Arlington ...... 08 Professional, Scientific and Technical Services ...... $4,928,867 $4,928,867 H Y International Corporation ...... Great Falls ...... 10 Wood Product Manufacturing and Sales ...... $12,224,288 $12,224,288 H2gen Innovations, Inc...... Alexandria ...... 08 Electrical Equipment Manufacturing and Sales ...... $3,600,000 $12,000,000

VerDate Sep 11 2014 05:43 May 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.004 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3092 CONGRESSIONAL RECORD — SENATE May 20, 2015 VIRGINIA COMPANIES FINANCED BY EX-IM BANK FY07–FY15—Continued Source: Public Information; Ex–Im Bank Web Site

Total insured shipments, Exporter City District Product guaranteed credit or Total exp value disbursed loan amount

Harris Corporation ...... Lynchburg ...... 06 Other Misc Mfg and Sales of Non Capital Equipment ...... $3,050,149 $3,588,411 Honeywell International Inc...... Hopewell ...... 04 Machinery Manufacturing and Sales ...... $44,542,810 $44,542,810 Independent Project Analysis ...... Ashburn ...... 10 Professional, Scientific and Technical Services ...... $1,179,672 $2,053,027 Integrated Global Services, Inc...... Midlothian ...... 07 Fabricated Metal Product Manufacturing and Sales ...... $2,250,000 $7,000,000 International Intranco Inc...... McLean ...... 11 Food Manufacturing and Sales ...... $58,058 $58,058 International Veneer Company, Inc...... South Hill ...... 05 Wood Product Manufacturing and Sales ...... $35,204 $35,204 Interstate Resources, Inc...... Arlington ...... 08 Paper Manufacturing and Sales ...... $47,450,946 $47,450,946 Intertape Polymer Corp...... Danville ...... 05 Textile Mills, Products and Sales ...... $219,378 $219,378 K2m, Inc...... Leesburg ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $45,000,000 $68,000,000 Longwall Associates, Inc ...... Chilhowie ...... 09 Machinery Manufacturing and Sales ...... $4,649,120 $5,240,000 M.I.C. Industries, Inc...... Reston ...... 11 Building Construction...... $4,485,411 $4,485,411 Maersk Line, Limited ...... Norfolk ...... 03 Transportation Services...... $4,208,610 $5,665,164 Meadwestvaco Corporation ...... Richmond ...... 03 Paper Manufacturing and Sales ...... $10,906,229 $10,906,229 Meadwestvaco Corporation ...... Glen Allen ...... 07 Paper Manufacturing and Sales ...... $25,531,495 $25,531,495 Microxact, Inc...... Blacksburg ...... 09 Other Misc Mfg and Sales of Non Capital Equipment ...... $282,699 $282,699 Mitsubishi Plastics Composites America, Inc ...... Chesapeake ...... 04 Electrical Equipment Manufacturing and Sales ...... $70,559,724 $70,559,724 Monoflo International, Inc ...... Winchester ...... 10 Plastics and Rubber Products Mfg and Sales ...... $192,596 $192,596 Moog Inc ...... Blacksburg ...... 26 Other Misc Mfg and Sales of Non Capital Equipment ...... $64,749 $74,448 Mountain Lumber Co, Inc ...... Ruckersville ...... 05 Wood Product Manufacturing and Sales ...... $108,000 $108,000 Mpri, Inc...... Alexandria ...... 08 Electrical Equipment Manufacturing and Sales ...... $5,687,287 $5,687,287 Musser Lumber Company, Inc...... Rural Retreat ...... 09 Wood Product Manufacturing and Sales ...... $500,052 $500,052 New River Energetics ...... Radford ...... 09 Chemical Manufacturing and Sales ...... $464,493 $464,493 Ngk-Locke Polymer Insulators ...... Virginia Beach ...... 02 Nonmetallic Mineral Product Mfg and Sales ...... $353,142 $404,420 Ofic North America Inc ...... Fredericksburg ...... 07 Petroleum and Coal Products Mfg and Sales ...... $7,092,241 $7,092,241 Ontario Hardwood Company, Inc...... Keysville ...... 05 Wood Product Manufacturing and Sales ...... $978,099 $978,099 Optical Cable Corporation ...... Roanoke ...... 09 Electrical Equipment Manufacturing and Sales ...... $45,125,589 $45,125,589 Orbital Sciences Corporation ...... Dulles ...... 10 Transportation Equipment Manufacturing and Sales ...... $198,098,585 $221,843,173 Pipeline Research Council International ...... Falls Church ...... 11 Professional, Scientific and Technical Services ...... $115,189 $215,694 Potomac Supply Corporation ...... Kinsale ...... 01 Wood Product Manufacturing and Sales ...... $4,549,757 $4,549,757 Potomac Supply Llc ...... Kinsale ...... 01 Wood Product Manufacturing and Sales ...... $2,279,798 $2,279,798 Qmt Associates, Inc...... Manassas Park ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $774,329 $774,329 QubicaAMF Worldwide ...... Mechanicsville ...... 07 Other Misc Mfg and Sales of Non Capital Equipment ...... $1,036,184 $1,093,397 Questel-Orbit, Incorporated ...... Alexandria ...... 08 Internet Content & Service Providers ...... $3,482 $6,121 Reynolds Consumer Products Inc ...... Richmond ...... 07 Plastics and Rubber Products Mfg and Sales ...... $11,134,393 $11,134,393 Rock Tools Inc...... Bristol ...... 08 Not Identified...... $1,950,000 $1,950,000 Rowe Fine Furniture Inc ...... Elliston ...... 09 Furniture Manufacturing and Sales ...... $6,637,470 $6,637,470 Rubatex International Llc ...... Bedford ...... 05 Plastics and Rubber Products Mfg and Sales ...... $97,118 $97,118 Sena Mining Products Llc ...... Alexandria ...... 08 Administrative, Management and Support Services ...... $347,452 $347,452 Sherr & Jiang Pllc ...... Herndon ...... 11 Professional, Scientific and Technical Services ...... $30,324 $30,324 Sherr & Vaughn, Pllc ...... Herndon ...... 11 Professional, Scientific and Technical Services ...... $4,301,139 $4,301,139 Simplimatic Engineering Holdings, Llc ...... Evington ...... 05 Machinery Manufacturing and Sales ...... $7,496,797 $7,496,797 Spectra Quest, Inc...... Richmond ...... 07 Machinery Manufacturing and Sales ...... $24,204 $42,308 Strongwell Corporation ...... Bristol ...... 09 Plastics and Rubber Products Mfg and Sales ...... $2,156 $2,733 Sutron Corporation ...... Sterling ...... 10 Other Misc Mfg and Sales of Non Capital Equipment ...... $738,000 $750,000 Team Askin Technologies, Inc...... Fairfax ...... 10 Professional, Scientific and Technical Services ...... $31,749,708 $90,227,708 Telarix, Inc...... Vienna ...... 11 Internet Content & Service Providers ...... $39,150,000 $144,767,956 Test Dynamics Inc ...... Warrenton ...... 05 Electrical Equipment Manufacturing and Sales ...... $68,369 $68,369 Tetra Tech, Inc...... Fairfax ...... 11 Administrative, Management and Support Services ...... $18,069,977 $25,648,305 Thomas & Betts Corporation ...... Richmond ...... 03 Electrical Equipment Manufacturing and Sales ...... $473,944 $473,944 Transprint Usa, Inc ...... Harrisonburg ...... 06 Administrative, Management and Support Services ...... $14,812,918 $14,812,918 Tread Corporation ...... Roanoke ...... 06 Fabricated Metal Product Manufacturing and Sales ...... $38,302,375 $93,588,729 Trex Company, Inc...... Winchester ...... 10 Plastics and Rubber Products Mfg and Sales ...... $39,143 $39,143 Trinity Scientific, L.P...... Sandston ...... 03 Other Misc Mfg and Sales of Non Capital Equipment ...... $269,567 $269,567 Turkey Knob Growers, Inc...... Timberville ...... 06 Crop Production and Sales ...... $851,672 $851,672 Turman-mercer Sawmills, Inc...... Hillsville ...... 09 Specialty Trade Contractors ...... $2,297,171 $2,297,171 Universal Dynamics, Inc...... Woodbridge ...... 11 Machinery Manufacturing and Sales ...... $3,201 $3,201 Us Cosmeceutechs, Llc ...... North Chesterfield ...... 04 Chemical Manufacturing and Sales ...... $4,905,000 $7,000,000 Usa Hardwoods Llc ...... Winchester ...... 10 Administrative, Management and Support Services ...... $172,076 $172,076 Virginia Transformer Corp ...... Roanoke ...... 06 Electrical Equipment Manufacturing and Sales ...... $1,810,428 $2,566,663 Vt Idirect, Inc...... Herndon ...... 11 Telecommunication Services...... $1,552,092 $1,552,092 Williams & Lu Llc ...... Alexandria ...... 08 Professional, Scientific and Technical Services ...... $70,851 $70,851 Zamma Corporation ...... Orange ...... 07 Furniture Manufacturing and Sales ...... $3,185,044 $3,185,044 Zenith Aviation, Inc...... Fredericksburg ...... 01 Transportation Equipment Manufacturing and Sales ...... $209,024 $209,024

Mr. REID. Will the Chair be kind Hatch (for Flake) amendment No. 1243 (to Hatch modified amendment No. 1411 (to the enough to tell us what the business is amendment No. 1221), to strike the extension language proposed to be stricken by amend- today in the Senate? of the trade adjustment assistance program. ment No. 1299), of a perfecting nature. Hatch (for Inhofe/Coons) modified amend- The PRESIDING OFFICER. The Sen- f ment No. 1312 (to amendment No. 1221), to ator from Utah. amend the African Growth and Opportunity Mr. HATCH. Mr. President, I want to RESERVATION OF LEADER TIME Act to require the development of a plan for take some time today to talk about The ACTING PRESIDENT pro tem- each sub-Saharan African country for nego- proposals to include a currency manip- tiating and entering into free trade agree- pore. Under the previous order, the ments. ulation negotiating objective in trade negotiations and the impact this issue leadership time is reserved. Hatch (for McCain) amendment No. 1226 (to is having on the debate over renewing f amendment No. 1221), to repeal a duplicative inspection and grading program. trade promotion authority, or TPA. Currency manipulation has, for ENSURING TAX EXEMPT ORGANI- Stabenow (for Portman) amendment No. many, become the primary issue in the ZATIONS THE RIGHT TO APPEAL 1299 (to amendment No. 1221), to make it a TPA debate. It has certainly gotten the ACT principal negotiating objective of the United States to address currency manipulation in focus of the media and other outside The ACTING PRESIDENT pro tem- trade agreements. observers. Indeed, I suspect that every- pore. Under the previous order, the Brown amendment No. 1251 (to amendment one who has an interest in the outcome Senate will resume consideration of No. 1221), to require the approval of Congress of the TPA debate—both for and H.R. 1314, which the clerk will report. before additional countries may join the against—is watching closely to see how The legislative clerk read as follows: Trans-Pacific Partnership Agreement. the Senate will address this particular Wyden (for Shaheen) amendment No. 1227 A bill (H.R. 1314) to amend the Internal matter. (to amendment No. 1221), to make trade Revenue Code of 1986 to provide for a right to Let me begin by saying that I recog- agreements work for small businesses. an administrative appeal relating to adverse nize the frustrations many have re- Wyden (for Warren) amendment No. 1327 determinations of tax-exempt status of cer- garding exchange rate policies of some tain organizations. (to amendment No. 1221), to prohibit the ap- plication of the trade authorities procedures of our trading partners, and I have Pending: to an implementing bill submitted with re- committed to working with my col- Hatch amendment No. 1221, in the nature spect to a trade agreement that includes in- leagues to arrive at ways to improve of a substitute. vestor-state dispute settlement. currency surveillance and mechanisms

VerDate Sep 11 2014 05:43 May 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.003 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3093 for responding to problems. However, I for anyone in this Chamber to claim We have already heard accusations in want to be as plain as I can on this they support TPA and still vote in international commentaries by foreign issue. While currency manipulation is favor of the Portman-Stabenow amend- finance ministers and central bankers an important issue, it is inappropriate ment. The two, as of yesterday, have that our own Fed—Federal Reserve, and counterproductive to try to solve officially become mutually exclusive. that is—has manipulated the value of this problem solely through free-trade For me, this issue is pretty cut and the dollar to gain trade advantage. If agreements. dry. However, I do recognize that per- the Portman-Stabenow amendment is Nonetheless, I do not believe we haps not everyone will view these de- adopted into TPA and these rules be- should ignore currency manipulation, velopments the same way I do. But re- come part of our trade agreements, which is why, for the very first time, gardless of what anyone may think of how long do you think it will take for our TPA bill would elevate currency Secretary Lew’s letter, the Portman- our trading partners to enter disputes practices to a principal negotiation ob- Stabenow amendment raises enough and seek remedies against Federal Re- jective. Now, let’s get that. For the substantive policy concerns to warrant serve quantitative easing policies? Not first time in any trade bill, we elevate opposition on its own. long, I would imagine. currency practices to a principal nego- Offhand, I can think of four separate If the Portman-Stabenow amendment tiation objective. We thought that consequences we would run into if the objective becomes part of our trade would solve the problem. It means that Senate were to adopt this amendment, agreements, we will undoubtedly see if the administration fails to make and all of them would have a negative formal actions to impose sanctions on progress in achieving this or any other impact on U.S. economic interests. U.S. trade under the guise that the objectives laid out in the bill, then the First, the Portman-Stabenow negoti- Federal Reserve has manipulated our relevant trade agreement is subject to ating objective would put the Trans- currency for trade advantage. We will a procedural disapproval resolution and Pacific Partnership—or TPP—Agree- also be hearing from other countries other mechanisms that would remove ment at grave risk, meaning that our that Fed policy is causing instability procedural protections. farmers, ranchers, and manufacturers, in their financial markets and econo- Of course, I understand that a num- not to mention the workers they em- mies, and unless the Fed takes a dif- ber of my colleagues want to see more ploy, would not get access to these im- ferent path, those countries could prescriptive language which would portant foreign markets, resulting in argue for relief or justify their own ex- fewer good, high-paying jobs for Amer- limit the range of tools available and change rate policies to gain some trade ican workers, and I should say higher require that trade sanctions be used to advantage for themselves. keep monetary policies in line. paying jobs at that. While we may not agree with those We know this is the case. Virtually Most notably, we have the Portman- allegations, the point is that under the all of our major negotiating partners— Stabenow amendment, which would Portman-Stabenow formulation, judg- most notably Japan—have already create a negotiating objective requir- ments and verdicts on our policies will made clear that they will not agree to ing enforceable currency standards be taken out of our hands and, rather, an enforceable provision like the one among parties to a trade agreement. can be rendered by international trade required by the Portman-Stabenow The amendment goes on to say that tribunals. I don’t know anybody who amendment. No country I am aware of, these standards must be subject to the really wants that. including the United States, has ever same dispute settlement procedures I am well aware that in an attempt shown the willingness to have their and remedies as all other elements of to address this concern, the latest monetary policies subject to potential the trade agreement. While this ap- version of the Portman-Stabenow trade sanctions. proach may sound reasonable on the Adopting this amendment will have, amendment states that their enforce- surface, there are a number of very se- at best, an immediate chilling effect on able rules do not apply to ‘‘the exercise rious and complex policy issues to con- the TPP negotiations, and at worst, it of domestic monetary policy.’’ But for sider. I will address those specific con- will stop them in their tracks. If you those of us living here in the United cerns in some detail in just a few min- don’t believe me, then take a look at States, that clarification does not pro- utes, but first I think we need to step the letter we received from 26 leading vide much comfort. After all, the U.S. back and take a look at the big pic- food and agricultural organizations, dollar is the global currency—that is, ture. from the American Farm Bureau, to currently the global currency. If we I think I can boil this very com- the National Pork Producers Council, fail to pass this bill—we have already plicated issue down to a single point: to the Western Growers Association, seen China start to move toward hav- The Portman-Stabenow amendment urging Congress to reject the Portman- ing the yuan become the global cur- will kill TPA. I am not just saying Stabenow amendment because it will, rency. I will say again that the U.S. that; it is at this point a verifiable in their words, ‘‘most likely kill the dollar is a global currency. In fact, it is fact. TPP negotiations.’’ the primary reserve currency in the Yesterday, I received a letter from Put simply, not only will this amend- world, and its value has an impact on Treasury Secretary Lew outlining the ment kill TPA, it will very likely kill markets everywhere. So for the United Obama administration’s opposition to TPP—the Trans-Pacific Partnership— States, the question as to what is a do- this amendment. The letter addresses a as well. mestic monetary policy and what is number of issues, some of which I will Second, the Portman-Stabenow not is open to a lot of debate, and I discuss later, but most importantly, at amendment would put at risk the Fed- don’t think any of us want those de- the end of the letter, Secretary Lew eral Reserve’s independence in its abil- bates being resolved in some inter- stated very plainly that he would rec- ity to formulate and execute monetary national trade tribunal, which is what ommend that the President veto a TPA policies designed to protect and sta- is going to happen. bill that included this amendment. bilize the U.S. economy. While some in Moreover, contrary to what many of That is pretty clear. It doesn’t leave this Chamber have made decrees that my colleagues seem to be arguing, no much room for interpretation or specu- our domestic monetary policies do not one in international trade—not the lation. No TPA bill that contains the constitute currency manipulation, we Treasury, not the IMF, not the G7, not language of the Portman-Stabenow know that not all of our trading part- the G20, not anyone in the world—has amendment stands a chance of becom- ners see it that way. accurate tools in place to measure ing law. Requiring the inclusion of enforce- what is and what is not currency ma- I want to be clear. I have great re- able rules on currency manipulation nipulation or what is purely domestic spect for the authors of this amend- and subsequent trade sanctions in our policy and what is intended to be inter- ment. They are my friends, and I be- free-trade agreements would provide national. Even if we demanded enforce- lieve they are well-intentioned. They other countries with a template for able currency standards in our trade have spent a lot of time making their targeting U.S. monetary policies, sub- agreements, this simple fact will not case on their amendment, and I respect jecting our own agencies and policies change. their points of view. But at this point, to trade disputes and adjudication in Basing trade sanctions on existing it is difficult—very difficult, in fact— international trade tribunals. methods which have thus far proven to

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Given that range, what is an amendment calls for enhanced trans- trade, open markets, and high-paying international trade tribunal to do if parency, disclosure, reporting, moni- jobs for American workers, this truth asked to set trade sanctions based on toring, cooperative mechanisms, as is inescapable. allegations of currency manipulation? well as enforceable rules. Our amend- But, once again, this doesn’t mean Who in the heck knows. But if we in- ment, which would provide maximum we should stand by and do nothing sert these standards into our trade flexibility, is a better alternative for about currency manipulation. The agreements, we would not only subject addressing currency manipulation for a Hatch-Wyden amendment will provide our trading partners to possible trade number of reasons. an effective path to improve trans- sanctions based on indefinite stand- First, it would preserve the integrity parency, measurement, and monitoring ards, the United States would face of our current trade negotiations. Once of our trading partners’ currency prac- similar risks. This is a recipe for trade again, if we insert an absolute require- tices, and effective and transparent and currency wars—a situation I think ment for enforceable currency rules ways to counteract anyone seeking to we would all like to avoid. and required sanctions into the ongo- manipulate currencies for unfair trade Third, under this amendment—that ing TPP negotiations, many, if not all, advantage. is, the Portman-Stabenow amend- of our negotiating partners will almost The Hatch-Wyden amendment will ment—the traditional role of the U.S. certainly walk away. The Hatch-Wyden allow Congress to speak forcefully on Treasury in setting U.S. exchange rate amendment would pose no threat to the issue of currency manipulation policies would be watered down and po- the TPP negotiations or any other without putting our trade agreements tentially overruled in international trade deals. and domestic policies in limbo. trade tribunals. Do we want that? Second, our amendment would not For Senators who are sincerely con- Thus, adoption of the Portman-Stabe- threaten the independence of the Fed- cerned about currency manipulation— now negotiating objective cedes inde- eral Reserve or subject our own mone- and I am one of those Senators—the pendence and full authority over not tary and exchange rate policies to pos- Hatch-Wyden amendment would ad- only monetary policy for the Federal sible sanctions based on indefinite dress these issues in a far more produc- Reserve but also exchange rate policy standards. Unlike the Portman-Stabe- tive way. for the Treasury. now amendment, it does not give other So, at this point, the choice should Fourth, the Portman-Stabenow countries a roadmap to accuse the be pretty clear. We have strong indica- amendment would create incentives for United States of using its policies in- tions that the House cannot pass a our trading partners to evade regular tended for domestic growth and sta- TPA bill with the Portman-Stabenow reporting and transparency of ex- bility as tools for currency manipula- language. Even if it could pass the change rate policies. If currency stand- tion. House, Secretary Lew has made it very ards become enforceable and imme- Third, it would increase transparency clear that including that provision in diately subject to sanctions under a and accountability of our trading part- our bill would compel President Obama trade agreement, the parties on that ners’ currency practices. This is abso- to veto it. agreement would almost certainly lutely crucial. Put simply, we cannot The Hatch-Wyden amendment, on the start withholding full participation in counteract practices that we cannot other hand, would strengthen our hand reporting and monitoring mechanisms readily observe. The Portman-Stabe- by providing a workable set of tools to that would otherwise enable us to iden- now amendment would tell our trading counteract currency manipulation in a tify exchange rate interventions and partners that if you engage in full re- way that would protect our interests work against them. porting and transparency, you run the and achieve real results and, most im- Put simply, we cannot enforce rules risk of having an international tri- portantly, it would preserve our ability against unfair exchange rate practices. bunal detect your actions in ways that to enact TPA so we can negotiate If we do not have information about will generate trade sanctions. The in- strong trade agreements that will help them, we can’t enforce the rules. Under centive, then, is for countries not to be grow our economy and create jobs. the Portman-Stabenow amendment, transparent and instead to put their That is the choice we face with these our trading partners are far more like- currency policies further in the shad- two amendments. I call on my col- ly to engage in interventions in the ows, hiding away information that leagues who support TPA to oppose the shadows, hiding from detection out of could end up being used in trade dis- Portman-Stabenow currency amend- fear that they could end up being sub- putes. ment and support the Hatch-Wyden al- jected to trade sanctions. I don’t think Our trade agreements should provide ternative. anybody wants that, but that is what is incentives for countries to go in the op- With that, I yield the floor. going to happen. posite direction: full disclosure and ac- The PRESIDING OFFICER (Mr. COT- For these reasons and others, the countability of currency practices. The TON). The Senator from Oregon. Portman-Stabenow amendment is the Hatch-Wyden amendment would pro- Mr. WYDEN. Mr. President, first of wrong approach. Still, I do recognize vide a more effective incentive struc- all, I wish for colleagues to know that that currency manipulation is a legiti- ture. I think Chairman HATCH has made mate concern and one we need to ad- Finally, and in the current context, some very important points with re- dress in a serious, thoughtful way. most importantly, the Hatch-Wyden spect to the currency issue and for col- Toward that end, Senator WYDEN and amendment would not result in a veto leagues to know that the approach of I have filed an amendment that would of the TPA bill. It is, in fact, supported the chairman and me is to make sure expand on the currency negotiating ob- by the Obama administration, not to we can have tough, enforceable cur- jective that is already in the TPA bill mention business and agriculture rency rules without doing damage to to give our country more tools to ad- stakeholders across the country. American monetary policy or the abil- dress currency manipulation without I suppose one could say we have come ity to fight big economic challenges in the problems and risks that would full circle. After what I hope has been the days ahead that we think would come part and parcel with the an interesting discussion of important come about with the amendment of- Portman-Stabenow amendment. policy considerations, we are back at fered by the Senator from Ohio, Mr. The Portman-Stabenow amendment the simple, uncomplicated truth. If PORTMAN. would provide a single tool to address nothing I have said here today about By the way, I want colleagues to currency manipulation: enforceable the complexities of currency and mone- know that currency is going to be in rules subject to sanctions. As I think I tary policy has resonated with my col- the Customs conference. Chairman have demonstrated, this, for a variety leagues, this fact remains: A vote for HATCH and I have discussed this point

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This is something I devel- Chairman RYAN—that Customs con- was described as a poison pill, the end oped back when I was chair of the trade ference is going to take place right of TPA, causing the entire Senate to be subcommittee. when we get back. The President of the paralyzed because it wouldn’t be pos- We had put together a sting oper- United States indicated last night that sible to move forward. ation to catch scofflaws overseas who he wants us to get this done in June. I bring this up only by way of saying were trying to avoid our trade laws. In So we are going to have a chance to that I hope today—and I am going to effect, what they were doing was mer- tackle currency in that conference. be here throughout the day trying to chandise laundering. They would be Senator BENNET worked closely with work with both sides to try to find a found to be in violation of our dumping the chairman and I so we got some- way to get amendments considered and or our trade rules in one country and thing in the committee that we to do as Senator MENENDEZ did over they would just move to another and thought was a smart, practical step. the last 10 days or so to actually solve try to move it through another nation, The chairman and I are talking today a problem and make it possible for us and we caught them on it. Many par- about something that is also strong to up the ante against this plague of ties responded to the sting operation and enforceable that would not produce trafficking but also make it possible to saying: We are in. We are anxious to the downside I have outlined. move forward on this legislation. stop this merchandise laundering. So I So I want colleagues to understand I would also like to note that all this don’t take a backseat to anybody in there is an opportunity, particularly work went on when everyone under- terms of enforcing our trade laws. on the currency issue, very quickly, to stood that Senator MENENDEZ has been So after Chairman HATCH and I got put in place very tough, practical rules opposed to the legislation and Chair- that through the Finance Committee, that get us the upside in terms of pro- man HATCH and I have been for it. But the second step was we had a separate tecting the American economy without the idea was that both sides care about vote in the Senate on a very strong some of the downsides I have outlined trying to fight trafficking. Both sides Customs and Enforcement package. and that Chairman HATCH has de- understood that if we worked together, That was step No. 2. But at that time, scribed as well. there was an opportunity to really a number of observers said: Well, noth- What I want to do particularly this solve a problem. ing is going to happen. It got passed morning is, given yesterday, talk about In my view, Senator MENENDEZ de- here in the Senate, but that bill is not some of the very positive developments serves great credit for doing what is going anywhere, not going to happen. we saw yesterday. I wish to express my the most important work in the Sen- That is the end of the topic. appreciation to Chairman HATCH again ate, legislating and trying to bring peo- Chairman HATCH and I, working to- for working closely with me on these ple together of disparate views. In gether with Chairman RYAN, said: Of issues. doing so, what Senator MENENDEZ ac- course we are going to have a con- I will start by talking about Senator complished was to show the country ference. We feel very strongly about MENENDEZ. Senator MENENDEZ, as do and the Senate that we can take an- this. So we put out a statement earlier many of us, feels very strongly about other step for trade done right. in this week saying: You bet there is human trafficking, about compelled Trade done right is my vision of going to be a conference in June, and labor, about commercial sex. He has where we ought to go. We have heard we are committed to getting this done. made it very clear he wants to stop about free trade and fair trade. What Chairman RYAN has indicated that he trafficking and he wants us to come up we want is trade done right. Because is going to take each of the trade with a fresh policy. So he offered an Senator MENENDEZ was willing to put bills—all four of them—up on the same amendment in the Finance Committee in all this time on his trafficking bill, day in the other body. He is going to and it passed. All over the press for the we took, on a bipartisan basis, an issue pass them all, and then we will have a next few days—and Chairman HATCH that was a poison pill whenever it was conference. After that happened, I was remembers this—were accounts: Poison discussed just about anywhere in the told that, well, that sounds good, but pill is going to end the possibility of country and we turned it into a better we are still not going to have much. Is finding a way forward on the trade pro- approach to fight trafficking. We were the administration going to be for it? motion act. The headlines were every- able to advance the cause of being able So, yesterday, in consultation with where. The general view in the press to move forward, and I look forward to Chairman HATCH and myself and oth- was Western civilization was about to seeing that passed. ers, the President put out a very strong end because of the adoption of the A second area where we made a lot of statement explicitly stating what he Menendez amendment. progress yesterday was on enforcing wanted in that conference, and he Well, Senator MENENDEZ believes in our trade laws. Particularly important wanted it in June. He talked again legislating. He believes what we ought about this, because virtually every about Senator BROWN’s measures, 301, to be doing when there are important time I have ever talked about pro- the level playing field, and the EN- issues, contentious issues—that we moting trade—pretty important in my FORCE Act. I was very pleased he men- need to find a way to bring everyone State where one out of five jobs de- tioned child labor. together. So what Senator MENENDEZ pends on trade—I have said that pass- So a tough, strong enforcement pack- did—and I was very pleased to be able ing new trade agreements and doing a age is going to happen. I am going to to play a modest role in this—is he better job of enforcing the trade laws insist on it. Chairman HATCH has brought together all of the groups. He are two sides of the same coin. The rea- pledged to me he is going to insist on brought together the administration, son I reached that judgment was be- it. It is going to happen. All of that was the U.S. Trade Representative, and cause of what a number of skeptics essentially nailed down in the last 24 outstanding organizations that fight about this issue brought up—and I hours. trafficking and, without any headlines think it is a legitimate concern—which So two big issues, two very signifi- and without any drama, did the nuts- is: Why is everybody in Washington, cant issues, which were both consid- and-bolts work to make sure that now DC, talking about new trade laws when ered to be show-stoppers: The Menen- we are going to have a new process. We they are not doing everything to en- dez amendment, fixed. All the head- are going to have a new process that force the laws we have on the books? lines about poison pills, no longer ensures that the President is going to Chairman HATCH and I talked about valid. Senator MENENDEZ has fixed it. report to the Congress on the concrete this many times and both of us agreed Chairman HATCH, to his credit, has steps the country takes to crack down we needed a robust enforcement pack- been willing to work with me and with on trafficking. age. the President. We are going to have a

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I want to thank my Pacific look forward to working, again, with other headline about another damaging Northwest colleague and friend Sen- both sides so Senators, whether they side effect of the President’s health ator CANTWELL for all of her leader- are for the TPA or whether they are care law. Here is one example from a ship—all of her leadership over the against it, feel they have a chance to story yesterday morning, the front years—in trying to renew the Export- raise their issues and be treated fairly. page of Investor’s Business Daily: Import Bank. She has been the one who With that, I yield the floor. ‘‘ObamaCare Rates Will Soar In 2016, has pointed out: If you have trade laws, The PRESIDING OFFICER. The Sen- Early Data Signal.’’ Average 18.16 per- which we are trying to promote with ator from Wyoming. cent hike proposed. It is an astonishing the trade promotion act, but you aren’t Mr. BARRASSO. Mr. President, I ask fact that people are facing—increasing using the tools that you need to get the unanimous consent to speak as in rates, soaring again in 2016. maximum value—wring the maximum morning business. Insurance companies that sell plans value out of those new laws—you are The PRESIDING OFFICER. Without in the ObamaCare exchange are start- missing opportunities that are impor- objection, it is so ordered. ing to set their rates for next year. tant for our Nation. So I urge the ma- NATIONAL SECURITY There are a series of articles that con- jority leader to work closely with Sen- Mr. BARRASSO. Mr. President, tinue to come out. One says that the ator CANTWELL to make that happen. today, President Obama is heading to top ObamaCare exchange insurers in Finally, I have been pleased to see a Connecticut, where I understand he is six different States where the 2016 rate robust debate on a number of issues, going to be addressing the graduates at requests have already been filed—and particularly issues that have been im- the Coast Guard Academy. He plans to they will come in every State—are portant to Senator WARREN and Sen- talk about threats to our national se- seeking rate changes that average 18.6 ator BROWN. What I have said from the curity. percent just next year alone. Early re- very beginning and what I am going to I think many Americans would be as- ports range from an alarming 36-per- be here all day working on is this: tonished to learn the President’s cent hike sought by the dominant in- There are Senators who feel strongly planned discussion on national security surer in Tennessee to a hefty 23-per- about promoting the trade promotion is going to center on climate change. cent average increase requested by Or- act; there are Senators who are op- After all, Americans understand there egon insurers. People across the coun- posed to it. I am obviously for the are much more immediate threats fac- try saw these rates go up at the begin- agreement, but every single day I am ing our Nation, such as the fall of ning of this year, and now they are fac- looking for opportunities for both sides Ramadi in Iraq and the brutal terrorist ing it again. They are starting to learn to be heard and to be able to advance attacks by ISIS. These are clear exam- that it was not just a 1-year deal. their ideas. It started long before we ples of the real threats that must be There is another story that came out actually had votes in the Senate Fi- addressed by President Obama. May 7 in the Connecticut Mirror. The nance Committee, and it is going to I would encourage the President to article says that insurance companies continue every single day that I have spend this time today addressing selling health plans through the the opportunity to serve in the Senate. America’s most pressing national secu- State’s health insurance exchange are These are important issues. I thought rity threats. The President and his na- seeking to raise rates next year, with it was particularly important that Sen- tional security team must deliver an average increase somewhere be- ator WARREN’s investor-state provision strong leadership and an effective tween 2 and nearly 14 percent. be able to get a vote early on in the strategy to fight the terrorists who You take a look; it is outrageous. proceeding—obviously an issue that want to attack our country and kill I know the Senator from Connecticut there has been great debate on—and more Americans. This should be the has come to the floor saying that we there are many more important focus of the President’s speech today. should be celebrating ObamaCare— amendments to this package. This should be our most pressing na- celebrating it, he said. Well, with these So I want colleagues on both sides of tional security concern. rate increases for families in Con- the aisle to know I am going to be here OBAMACARE necticut, it looks to me like the party throughout the day—throughout the Mr. President, I would also like to is over. ObamaCare was supposed to day—looking for ways that all Sen- talk about an important issue that is bring costs down. That is what the ators, whether they are for the agree- facing Americans and they will soon President promised. He said premiums ment or against the agreement, will need to be seeing, which is that next would go down by an average of $2,500 have an opportunity to have their pri- month the Supreme Court is expected per year, per family. It has not hap- orities considered on this trade legisla- to announce a decision in the case of pened. For an average family who gets tion. King v. Burwell. This is a case that has coverage through their work, the pre- I will just wrap up, colleagues, by been brought on behalf of millions of miums have gone up about $3,500 since way of saying that the reason this Americans who have been harmed by the President took office in 2009. issue is so important is we debate con- the President’s unlawful expansion of Why do we still see headlines about tinually about how to get more high- his unworkable and unaffordable premiums going up by 14 percent or wage jobs in our country. Continually health care law. even 2 percent? Why are they going up we debate that because we want higher Sometime before the end of June, the at all? Why are the promises Demo- wages for our constituents. The evi- Court is going to announce if the law crats made about the health care law dence is that trade jobs pay better than passed by Congress means what it says not coming true? Why are ObamaCare do the nontrade jobs. We need more of or if it means what the President wish- rates set to soar again in 2016? Why are them. es it had said. The law, written by people in places like Connecticut still There was a report this morning that Democrats in Congress, written behind seeing headlines about their costs my State has a significant trade sur- closed doors, only authorized insurance going up by 14 percent? plus, and we are very proud of that. subsidies for one group, and the Presi- A few weeks ago, the Democratic There are other States that don’t. Let’s dent had the IRS pay subsidies to an- leader said on the floor that promote legislation that allows us to other group. ObamaCare is a ‘‘smashing success.’’ secure more exports, particularly in The President gave bureaucrats He stood right over there and said it— the developing world, where there are much more power to control the health it is a ‘‘smashing success.’’ Is there a going to be a billion middle-class con- care choices and decisions of people Democrat who thinks that a 14-percent sumers in 2025. We want them to ‘‘Buy who never should have been caught increase to families in Connecticut is a

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.011 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3097 smashing success or that an 18.6-per- most people who are considered under- equipment was pulled up out of that cent average across the country is a insured. factory, leaving a big hole, and shipped smashing success? Doubled. The number of underinsured overseas. That is what happened. We We are going to see this same story people under the health care law has lost our factories. We lost our jobs. about soaring insurance rates repeated now doubled. There has been a lot of discussion all across America. And it is not just People are paying more as a result of that this is a new trade agreement, the ObamaCare premiums that are the Democrats’ health care law, and that it establishes enforceable stand- causing problems for families. Here is a they are going to be paying even more ards for labor. Well, perhaps the single headline from the Washington Post on next year and the year after that until most important standard is minimum Friday: ‘‘Insured, but still not able to we are able to do something to stop it. wage. Minimum wage is about resisting afford care.’’ Republicans are offering real solu- the full exploitation of workers, the ‘‘For one in four who bought health tions that will end these destructive full race to the bottom. So, of course, coverage, some costs remained too and expensive ObamaCare side effects. I am sure the proponents would say: high.’’ So they have insurance, but That means giving Americans and giv- Well, of course we have addressed that. they are still not able to get care. Peo- ing States the freedom, the choice, and That is central. That is the central in- ple who have insurance have been the control over their health care deci- gredient, is to make sure that there is avoiding going to see the doctor. That sions once again. Republicans under- not a race to the bottom and that we is according to a new study by the lib- stand that coverage does not equal address the fact that every nation that eral advocacy group called Families care. Republicans understand what will be part of this agreement will have USA. This was an advocacy group who American families were asking for be- to have a minimum wage, a minimum was a huge supporter of the President’s fore this health care law was ever wage that rises over time, a minimum health care law and a huge supporter of passed. That is what they are still ask- wage that provides a basic standard of the President. Even this group has to ing for today. living so that we do not have condi- admit that coverage does not equal It is time for Democrats to admit tions of full exploitation, miserable care. There is a difference. The group’s that their health care law did not sweatshops, if you will, that are pro- executive director is quoted in this ar- work—it did not work out the way they ducing the goods we are buying here in ticle in the Washington Post as saying, promised—and to start working with America under this agreement. ‘‘The key culprit as to why people have Republicans on reforms that will give So it may come as a shock to people been unable to afford medical care de- people the care they need from a doctor across America that this most funda- spite coverage is high deductibles.’’ they choose at lower costs. mental standard of minimum wage is Well, I agree. Many people’s I yield the floor. not addressed in this agreement. deductibles are too high. The reason The PRESIDING OFFICER. The Sen- What do we have right now? We have the deductibles have gotten so high and ator from Oregon. 12 countries. We have two countries— so out of hand all of a sudden is that Mr. MERKLEY. Mr. President, re- Brunei and Singapore—with no min- the health care law included so many turning to the conversation about imum-wage standard at all. Then we coverage mandates. trade policy and its impact on Amer- have Mexico at 66 cents and Vietnam— Democrats who voted for this said ican workers and businesses, President for Vietnam, they set a monthly min- they know better than the people at Kennedy once said, ‘‘The trade of a na- imum wage and they set it regionally. home what kind of insurance they tion expresses, in a very concrete way, So the number varies according to how need. That is what the President said. its aim and its aspirations.’’ Well, what you calculate it. Some would call it 57 The President said: I know better than are our aims and aspirations in cents; others would say 74 cents. Let’s you do. I know what your family needs. crafting a new trade structure? The just put it this way: The minimum You do not. That is why the President says that his aim and aspira- wage in Vietnam is way under $1 per deductibles are so high. Insurance had tion is to be the writer of rules for hour. In Malaysia, it is $1.54; Peru, to raise their premiums to cover the trade in Asia. I have a different aspira- $1.55; Chile, $2.25. cost of all these new Washington man- tion. My aspiration is that we create So does this Trans-Pacific Partner- dates. They had to raise deductibles as trade that creates living-wage jobs in ship have a requirement that there be well. This year, the average deductible America, that puts people to work a minimum wage that will rise up for an ObamaCare Silver Plan is almost making things in America. If we don’t workers and stop these sweatshops $3,000 for a single person and more than make things in America, we will not across the world so that we are not $6,000 for a family. have a middle class in America. buying products from sweatshops with People have Washington-mandated So as we contemplate a massive new miserable, slave-like conditions? It coverage, but they still cannot afford trade deal, the Trans-Pacific Partner- does not. It has no such provision. It to get care. So people are putting off ship, and the bill before us to fast- has no minimum wage, which leads us going to the doctor. They are skipping track consideration of that Trans-Pa- to another fundamental observation. tests. They are skipping followup care cific Partnership, we should ask our- What this trade agreement does is set because of the high deductibles and selves this question: Is this about our up a dynamic between these very low copays. Why are people across the geostrategic goal of being the leader in wage countries and countries that are country having to put off getting care? writing the rules or is it about writing developed and aspiring to create living- Because they cannot afford it. Is that rules that actually work for working wage jobs here. But what happens when what Democrats mean when they say Americans? Because, you see, working you have manufacturing in these high- the law has been a smashing success, America has done very poorly under wage countries, high-environmental- when the minority leader comes to the this goal of geostrategic influence. Oh, standard countries, high-labor-stand- floor and says it is a smashing success? yeah, we had NAFTA, the North Amer- ard countries and high-enforcement All across the country, Americans are ican Free Trade Agreement. We had countries and the manufacturer looks struggling with the cost of health care CAFTA, the Central American Free out and sees a competitor, in a free- under this health care law. Trade Agreement. What was the result trade regime, in these very low-wage, There was a study out this morning. of that? Well, we lost 5 million jobs in low-labor, low-environmental, and low- In the paper The Hill, Sarah Ferris America. We lost 5 million jobs. enforcement countries? Well, it is obvi- writes: We lost 50,000 factories. If you go ous: The manufacturing migrates to ‘‘Underinsured’’ population has doubled in around Oregon, you can see those fac- the place that is the cheapest. That is the United States to 31 million. One-quarter of people with healthcare cov- tory sites. I recently visited the Blue the way free enterprise works—it goes erage are paying so much for deductibles and Heron site. Just a few years ago, there to where you can make the most profit. out-of-pocket expenses that they are consid- were hundreds of workers at the Blue So it is not some absurd, unexpected ered underinsured. Heron paper factory, but under the result that NAFTA resulted in the loss Thirty-one million Americans. structure of one trade agreement— of 5 million good-paying jobs in Amer- Rising deductibles—even under WTO—those jobs went to China. Paper ica. It is not some unexpected result ObamaCare—are the biggest problem for manufacturing went to China. The that we lost 50,000 factories.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.013 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3098 CONGRESSIONAL RECORD — SENATE May 20, 2015 When he was campaigning for Presi- one is not enforcing. Ultimately, they Yesterday, I came to the floor and I dent, Ross Perot said: If you adopt can file a case. That case can take tried to pull up amendments. We are NAFTA, you will hear the sound of the years and years and years to adju- being told the leaders on this bill want jobs leaving America. dicate, and it never gets done. to choose, pluck, and pick just the Well, that is exactly what happened— The number of labor standard en- amendments they want to allow to be exactly what happened. forcement actions that have been com- debated, unlike in the past, where we So is it a fact that this new-genera- pleted is zero. The number of environ- have had a situation where people have tion trade agreement actually address mental enforcement standards that been invited to come to the floor and this core problem? Well, the answer is, have been completed is zero—zero, make their amendments pending, and it does not. It does not do anything to zero. So if we take a broken system then we worked through those amend- address this disparity between very low from existing trade treaties and slip it ments. So we spent time addressing the wages and prosperous countries. This is into a new trade treaty, what is the ex- issues that Senators thought were im- going to be, as Ross Perot put it, an- pected result? No enforcement of these portant. That is a robust and open other situation with a giant sucking standards. All the parties know that. process. sound of jobs leaving America. They can put these laws on the books, But despite the promises of the ma- Proponents of this treaty say: Well, but there is not going to be enforce- jority leader for an open and robust we have done something very signifi- ment. amendment process, we do not have cant. We have taken the labor and en- There is one case—one case alone— that. We have a behind-the-scenes ne- vironmental side agreements and we that we have sought to proceed to en- gotiation with amendments picked and have put them in the center of the force and that is with Guatemala. With plucked according to what the pro- agreement. This is pretty much like Guatemala, they have massive labor ponents of this deal want to have, and moving deck chairs on the Titanic. You violations. They are not making the the rest of us are out in the cold. move them from one location to an- slightest attempt to follow the ILO. We So I have these four amendments other location. How does that change held consultations, more consultations, that I would be happy to pull up at any the outcome? Well, it doesn’t. It just and more consultations, and finally time that is allowed. I already tried means they are printed in a different filed a case. It has gone on and on and yesterday, so I will not try to do it part of the text. That is not very good on and never gotten to a conclusion. So again, but let me tell you the types of news, if you will, to workers across the we still have zero, zero enforcement. things they address. One is it takes on United States of America who have Now, one reason it doesn’t get to a the core deficiency in the Trans-Pacific been assured there is something fun- conclusion is because there is no en- Partnership, which is that it does not damentally different about this agree- thusiasm behind any form of enforce- have any minimum wage. So it simply ment, and why is that? First, our gov- ment. says: These labor standards and these envi- ernment says: Well, if we try to enforce FOR AGREEMENTS THAT SUBJECT ronmental standards that are in the it, it will create ripples in the relation- UNITED STATES WORKERS TO UNFAIR agreement—we have heard a lot about ship. That country will be upset with COMPETITION ON THE BASIS OF WAGES.—The trade authorities procedures enforcement, and there is nothing new us if we try to enforce a labor standard and an environmental standard. shall not apply to an implementing bill sub- to enforce in these labor and environ- Then, second, they will say: No, there mitted with respect to a trade agreement en- mental standards. be will retaliation. They will file suits tered into under section 103(b) unless the I want to take a little detour here be- agreement— against us, and we will have to spend cause there are some important en- (A) establishes a minimum wage that each all this time responding, and what is forcement standards that my col- party to the agreement is required to estab- the point of that. That is unproductive. leagues have put forward. My colleague lish and maintain before the trade agree- We say they are not meeting it. They ment is implemented; and— from Oregon has put forward the EN- say we are not meeting it. So it is not something that is done FORCE Act. This is important for en- Then, third, and very importantly, down the road; it is done before it is forcing tariffs. This is important for the companies that have invested implemented. Second— enforcing the movement of goods ille- under that trade agreement in that na- gally through third parties in order to (B) stipulates that the minimum wage re- tion, they come out and tell the gov- quired for each party to the agreement in- bypass tariffs in the United States. ernment: What are you doing? The goal crease over time, to continuously reduce the That is a good step forward, but that of the trade agreement was to create a disparity between the lowest and highest does not address the core of this issue stable environment for investments. minimum wages [in these very low countries which is enforcement of the labor and You are destabilizing that by filing a and these very high countries]. environmental standards. grievance against this country, so Now, currently, the disparity of the Now, we have the same basic stand- don’t do it. In the end, if you ever got minimum wage between the United ards in various trade agreements, and to an enforcement action, well, that States and Mexico is about tenfold. they are never enforced because there would hurt us because we put our fac- Here we are: Mexico at 66 cents, the is no effective mechanism for enforce- tory there, and now we would be sub- United States at over $7. Mexico’s min- ment. Let me expand a little bit on ject to tariffs. imum wage is 9 percent of our min- what has gone on and then point out So this combination means that imum wage—one-tenth. that nothing has been done to fix it. structure is completely dysfunctional, So, of course, it made sense that fac- You essentially have a set of standards and that structure is exactly what is in tories would be shipped from the and these standards are the Inter- TPP. So this is why we are coming for- United States to Mexico. Not only do national Labor Organization standards, ward and saying now is the time to you have poor enforcement, poor envi- ILO standards. These ILO standards ad- fully debate how we tackle this prob- ronmental standards that are not en- dress a series of things. These ILO lem so we can stop pontificating about forced, but you have a minimum wage standards are things such as child strong labor and environmental stand- that is one-tenth of what it is in the labor. That is a bad idea. It should ards and actually have a structure that United States. stop. It addresses that union orga- creates that within the 12 nations that So I don’t specify in this amendment nizing should be allowed, and that is a are considered being part of TPP. So that the minimum wage has to be set good thing. So the standards them- that is the distinction. at any particular level. That can be the selves are solid and respectable. Significant, valuable attention is subject of the negotiations. I don’t But when a nation becomes part of being paid to enforcement of tariffs specify that it has to be raised by 10 the trade agreement, how do you have and efforts to bypass through third- percent a year to narrow the difference them enforce those standards. That is party shipments, our Customs struc- between the very low countries and the what is missing—no enforcement for ture—and that is important. But the higher countries so we reduce the dis- these standards. labor standards and the environmental parity. There is a government-to-govern- standards, enforcement is zero, and This is like taking a playing field ment process for consultations when that same broken system is being im- that is tilted 10 to 1 against the work- the United States is upset that some- ported into the TPP. ers of the United States of America—10

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.014 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3099 to 1. It is not close to a level playing with Vietnam, that there should be a conflict of interest standard? They field. The American minimum wage is minimum wage so we can stop the race could be the advocates on one case and more than 10 times the Mexican min- to the bottom, and it should be gradu- the judge on the next. That is really imum wage. It is a 10-to-1 disadvantage ally raised to decrease the disparity. not in accordance with our norms of ju- to American workers. That is an issue worthy of debate, dicial conduct. So we aren’t even re- That is what we are talking about— but I can’t get that debate onto this quiring our norms of judicial conduct the proponents are talking about—em- floor because the proponents don’t to be applied to this international tri- bedding into this trade agreement. So I want to allow debates on these amend- bunal. am suggesting: OK. At a minimum, the ments. They just want to choose and Furthermore, when we pass at the negotiated process, where that playing pick the subjects that they want to State or local or national level laws de- field is gradually brought to a more allow to be debated rather than the signed to protect the health and safety level situation, where the disparity is ones the Senators want to allow to be of our citizens, foreign investors are decreased, shouldn’t that be a primary debated. That is not a robust and open granted special privileges under this negotiating objective of the United amendment process. agreement because they can file and States in these agreements? Aren’t we Now, there is another flaw in this say: Your laws for consumer protection right now talking about explaining to TPA, which is it has negotiating objec- or the health and welfare of your citi- the administration what they should tives. An objective is simply a wish, a zens or to take on significant environ- negotiate in this agreement? hope, it is a desire, it is an inclination, mental hazards have hurt our invest- My colleague from Utah spoke ear- but an objective is not an actual provi- ment, and we want to be compensated. lier about the provision regarding cur- sion. That is just wrong. Sure, if there was rency manipulation and explained why So we can say all the beautiful things an unfair expropriation of someone’s he thought it would be unproductive to we want about what our objectives assets, that is judicable under Amer- have it here—while it is very impor- should be, but instead we should be ican law. It doesn’t require an inter- tant—unproductive to have the amend- asking, What are the standards? What national tribunal. ment that SHAHEEN and PORTMAN, my are the standards that need to be in a But what about when something is colleagues, are presenting. But that is treaty that are brought back in order done for the safety and wellness of our the purpose of this debate on the floor, to benefit from fast-track? What are citizens? Take, for example, asbestos. to allow that amendment to be called the actual standards that should be in We tried to regulate asbestos in 1991. It up, to hear the views for it, to hear the an agreement that is brought back to was the last time any toxic chemical views against it, and to lay out our vi- the Senate under fast-track—because was considered under the Toxic Chemi- sion to the administration. fast-track gets special privileges on the cals Act. We have done nothing in the Now, my colleague has pointed out floor of the Senate. intervening years. But let’s say we get that the administration has said it will So setting an objective doesn’t do the over the hurdles that existed in 1991, not accept establishing a goal of en- work because it doesn’t define what and we have a new law, a new process, forceable currency manipulation provi- will come back to this body under this such as has been debated in the Com- sions. Why is that? I can tell you be- special privilege. We should convert mittee on Environment and Public cause the administration told me. They those objectives into actual require- Works. That bill had bipartisan sup- said, if we had put this on the table in ments. That is what one of my amend- port. If we create that structure and we the beginning, then we could probably ments does. regulate asbestos, now the foreign in- raise it and have it be part of the con- Then we can turn to the situation vestor says: Oh, we have an asbestos versation. But, you see, we have al- where the TPA has another deep flaw factory so you have to compensate us. ready negotiated this agreement. It is that many have pointed out that hasn’t That is a privilege that the domestic— 95 to 98 percent done, and so we can’t been addressed, and this deep flaw is it the United States; the red, white, and possibly introduce something new into sets up an international tribunal, an blue—investor would not have. this process. That would disrupt all the international tribunal that can essen- Let’s say we regulate e-cigarettes— groundwork we have laid. tially assess fines on our local govern- an effort by the tobacco company to So this is where the cart came before ment, it can assess fines on our State addict our children to become lifetime the horse. The treaty was negotiated government, it can assess fines on the users of nicotine and to do so through without consultation with Congress U.S. Government, unless our local gov- fancy flavors—chocolate, strawberry, about what should be in it. We all un- ernment or the State government or cotton candy, and every candy flavor derstand currency manipulation is a the Federal Government change their on Earth. You name it, they have a fla- form of tariff. It is a form of tariff and laws. vor of e-cigarette liquid designed to ad- subsidy. Establishing a judicial organization dict our children. So let’s say we ban When I came into the Senate, China’s with no accountability to the U.S. judi- that, and the foreign investor gets spe- currency manipulation was calculated ciary, that is a grant of sovereignty. cial privileges because they say: Oh, to be equal to a 25-percent tariff on That is our courts’ sovereignty being well, I set up a factory, and I was going American products going to China and shipped to a tribunal of three corporate to make $1 billion over the next 20 a 25-percent subsidy to Chinese prod- lawyers who get to decide whether years, so I need $1 billion of compensa- ucts coming to the United States. Well, there are massive fines levied against tion. that is a huge tariff. Combine the two our local, State, and national govern- That is the type of structure that is together—50 percent differential. That ments. Well, that is certainly some- embedded in here. So at a minimum, I is not fair and appropriate in a trade thing that should be deeply concerning think this international tribunal agreement that was supposed to re- to us. should be opt-in. If we want to attract duce—under the WTO—barriers. No. So Now, the goal of this was to have investment and we have a poor judicial we know it is a problem. Why not fix some sort of judicial process substitute system, opt in to this substitute to en- it, why not address it, why not debate in countries that have a dysfunctional courage investment. Maybe that is a it, why not discuss it, and why not judicial process, and thereby encourage win-win for a country with a poor judi- struggle to find a solution. That is international investment. So you could cial system and an investor who wants what Senators SHAHEEN and PORTMAN have a situation where Vietnam and a strong way to make sure their rights are saying; that that is an important Malaysia would say: We know our judi- are protected. But the United States element related to this unbalanced sit- cial organization is corrupt or dysfunc- would not opt in because we don’t have uation that is going to remove jobs tional, so we will opt in for this dispute a dysfunctional judicial system. from the United States. resolution structure because we want Here is an even more narrow provi- Now, I am pointing out another defi- investment to come to our country. sion. This narrow provision talks about ciency; that is, that there is no min- But why would we give away U.S. judi- when we do laws at the local, State or imum wage, that we are starting out cial powers to an international tri- Federal level that are about consumer with a 10-to-1 differential with Mexico, bunal of three corporate lawyers—cor- protections and wealth-stripping preda- approximately a 10-to-1 differential porate lawyers for whom there is no tory loans. For example, we ended

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No, we when I say we are giving the sov- In 2008, it was the big food producers are ending predatory wealth- stripping ereignty of our judicial branch away to led by the Grocery Manufacturers As- practices and replacing them with fair- an international tribunal of corporate sociation, because, presumably, in our er, 30-year amortizing mortgages with lawyers who can make decisions that economy, in our society, grocery man- full disclosure and no kickbacks, which affect our fundamental rights. That is ufacturers have more prestige than Big were allowed under the previous law. simply wrong. We must fix this. Oil. In 2010 and 2012, it was global inte- They were called steering payments. So I have an amendment that I would grated meat producers, led by Smith- We ended steering payments. like to hear debated on this floor. Oth- field Foods and the American Meat In- Or on this issue of e-cigarettes, we ers may disagree with me. We have stitute, presumably because they have are ending an effort to directly addict been elected to carry our views for- more prestige than Big Oil. our children, which is terrible for their ward. There will be people here saying: The opinion piece I am referring to in health and certainly terrible for the No, it is fine we strip consumers of the the Wall Street Journal this time was cost of our health care system. It is a ability to know where their meat is written by the head of the National lose-lose. We should be regulating it. grown. It is fine to strip consumers of Chicken Council and the National We passed a law to regulate it, but we the knowledge of what ingredients Council of Chain Restaurants. And just have never gotten the regulations have gone into their milk, if milk is under these circumstances, compared done. The FDA has now completed imported, and so on and so forth. But I to the other two instances I cited, those regulations. They have shipped fundamentally disagree. I want to see there is really no difference. They have them to OMB—Office of Management us debate. prestige that Big Oil doesn’t have. This article makes many of the same and Budget. We hope someday that reg- We are here to debate, so let us get erroneous and intellectually dishonest ulation will be in place. When it is in these amendments up. Let us debate claims we have heard dozens of times place, a foreign investor should not them, and let us quit stalling. Let us before, and I am going to take this op- have special privileges to be com- quit engaging in this process of trying portunity to do a simple fact-check of pensated because we are protecting our to rush this through in a manner where these fundamental issues have not been some of the most egregious claims. citizens. First, these two authors claim that addressed—fundamental issues such as Therefore, we should carve out and since 2005, when the renewable fuel the fact that there is no minimum say that our laws related to the envi- standard was first adopted, costs of ronment and public health and con- wage in this agreement, and that the vital food commodities, including corn, sumer protection cannot be the subject playing field is tilted deeply against grains, oilseeds, poultry, meat, eggs of ISDS—that is the name of the tri- manufacturing in America; funda- and dairy have risen dramatically. bunal, ISDS—attacks. mental issues such as that there are This is pure myth. The fact is con- Then let us look at basic consumer negotiating objectives that should be sumer food prices have increased by an information, such as the labeling of negotiating requirements for a bill to annual rate of 2.68 percent since 2005. products. A lot of manufacturers don’t have the privilege of getting fast-track In contrast, food prices increased by an like it when products are labeled. They here on the floor of the Senate; funda- average of 3.47 percent in the 25 years consider that labeling might have in- mental issues such as that we should leading up to passage of the renewable formation that might be prejudicial be- not have our environmental, public fuel standard in 2005. Prices for chicken cause consumers might prefer the con- health, and consumer laws subject to breasts have been nearly flat over the tent of one product, when honestly la- an international tribunal; fundamental past 7 years, averaging $3.43 per pound beled, over the product of another. issues such as Americans having the in 2007 and just 3 pennies more, to $3.46 We had a law in Oregon that took on right to label their products the way per pound, in 2014. Corn prices are ex- growth hormones in milk. The basic they decide, according to their stat- pected to average $3.50 per bushel this compromise was that we printed on utes, and not have that overruled by an year, according to the Department of every package of milk. If it had growth international group. Agriculture. This would be the lowest hormones, it had to say it contained I would love to see this Senate func- price in nearly 10 years and 17 percent growth hormones; and then there was a tion and to actually debate these below the average price of $4.20 a bush- little clause saying it was not shown to amendments. I hope that happens. And el in 2007 when the renewable fuel have ill health effects. But consumers any effort to shove this bill through standard was enacted. wanted to choose the milk that didn’t without having those types of debates That is a fact. With ethanol produc- have the growth hormones in it. That is certainly not the open and robust tion at record levels today, corn prices was the value of labeling. It empowered amendment process that was promised are lower now than they were in 2007. choice by the consumer, by the individ- by the majority leader. But I don’t know how many times over uals exercising their rights as to what I yield the floor. the last several years I have listened to they put into their body, their right as The PRESIDING OFFICER (Mr. SUL- this business about ethanol causing to what they feed their children. LIVAN). The Senator from Iowa. corn prices to go up and food prices We have a very similar situation RENEWABLE FUEL STANDARD would go up. And food prices went up. with regard to meat. Americans often Mr. GRASSLEY. Mr. President, while But when corn is $3.50, we don’t see want to know whether their meat was reading through the pages of the Wall food prices come down. It has been made or grown in America. So we have Street Journal last week, I was over- proven time and again by the EPA, by a law called COOL—country-of-origin come with a sense of de´ja` vu. As many the USDA, and others: There is no cor- labeling. Well, COOL is very well re- of my colleagues have heard me speak relation between corn prices or ethanol ceived. People like to choose meat on the Senate floor many times each production and retail food inflation or grown in America. Not everyone cares, year over the last several years about food prices. Once again, that is just a but some do. That is their right. They ethanol and about misconceptions simple fact. know there are different standards for about that, these misconceptions Second, these authors claim that as a how animals are treated overseas. showed up in an op-ed piece in the Wall result of the renewable fuel standard, There are different rules for what type Street Journal last week. corn is being ‘‘diverted’’ from livestock of ingredients go into the feed in other Once again, in this case it happens to feed to ethanol. Again, this claim is nations. So wanting to support good be chain restaurants and chicken pro- pure falsehood. Corn used for ethanol practices, they might choose American ducers teaming up to smear home- has come from the significant increase meat. Wanting to support something grown biofuel producers at the expense in corn production since 2005. In 2005, healthy for their children, they might of energy independence and cleaner air. American farmers produced 11.1 billion want to choose American meat. It seems as if every couple of years bushels of corn. In 2014, they produced And what just happened this week? food producers and grocery manufac- 14.1 billion bushels of corn. Why? Be- Well, one of these tribunals, in a dif- turers team up with Big Oil to try to cause the market responds and the

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.017 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3101 farmers respond to the increased use of bushel, grocers, food producers, and dependent on oil imports—and from corn, and they will meet it whether it restaurants were claiming—as I said where? From tinhorn dictators and re- is for biofuels or anything else. once before but let me emphasize—that gimes that are always trying to harm Here is something very significant: food inflation would approach 10 per- Americans. We don’t need to put a One-third of the corn used for ethanol cent because of the renewable fuel Navy fleet in harm’s way to protect production is returned to the market standard. They warned then that they shipping lanes from the Middle East as animal feed. The amount of corn and would be forced to pass those higher when we have biofuels that come right corn coproducts available for feed use costs on to consumers immediately. As out of the Midwest of the United is larger today than at any time in his- I have hinted before, today the price of States. tory. So it is hardly being diverted. corn is $3.50—less than half of what it Our country needs a true ‘‘all of the But time after time, a prestigious was; in fact, $1 below the cost of pro- above’’ energy policy, as we all talk newspaper such as the Wall Street duction. about, and biofuels are an important Journal continues to tell the people of With lower corn prices, have con- component of that policy. this country that 40 percent of corn sumers seen a dramatic reduction in Do you know what is really wrong production goes to make ethanol. They retail food prices? In other words, are with people who sometimes talk about are right—40 percent goes to the eth- the benefits of lower grain prices being ‘‘all of the above,’’ the way I see it, anol plant. But out of a 56-pound bush- passed on to the consumer by Big from different segments of energy? el of corn, 18 pounds is left over for ani- Food? Obviously not. Ask any person There are people who say they are for mal feed—and very efficient animal shopping in the grocery stores. Corn ‘‘all of the above,’’ but they are for feed, let me say, badly in need and wel- prices have come down by more than none of the below the ground. And then comed by farmers. In fact, some of it is half in the past 21⁄2 years, so why are there are people who say they are for even exported. But does the Wall food producers holding prices steady or ‘‘all of the above,’’ but they are for all Street Journal ever make that clear, even increasing them? We accuse Big below the ground but not the things that it isn’t 40 percent of corn that is Oil of gouging. Isn’t it about time, with that come from above the ground, such used for ethanol; it is 26 percent or 27 $3.50 corn, that we accuse Big Food of as solar energy producing corn that percent that is used for ethanol? So, price gouging? produces ethanol, as an example, or just as I said, corn is not being di- The fact is, domestic renewable fuel wind. verted. producers are feeding and fueling the The same can be said for their mis- In 2005 and again in 2007, the Federal world at the same time. The 14.3 billion leading claim that ethanol production Government made a commitment to gallons of ethanol that was produced in has contributed to global food scarcity. homegrown renewable energy when the United States could more than dis- In the 15 years prior to the enactment Congress passed the renewable fuel place the gasoline refined from all of of the renewable fuel standard in 2005, standard. The policy is working. I in- the oil imported from Saudi Arabia. U.S. corn exports averaged 1.8 billion tend to defend all attacks against this And where would we rather get our en- bushels per year. In the 10 years since successful program, whether they come ergy from—volatile parts of the Middle the renewable fuel standard’s passage, from Big Oil, the EPA, Big Food, Big East or producers right here in the corn exports have averaged yet more— Restaurant, or others. United States? And I say that not only not a whole lot more but 1.84 billion Secondly, I tried to do some fact- bushels. So with 14.33 billion gallons of for ethanol; I say that for oil, I say checking by Mr. BROWN and Mr. GREEN, corn ethanol, corn exports are slightly that for coal, I say that for nuclear, who wrote that article, and I am not higher than they were prior to the re- and I say that for all sorts of alter- very good at saying exactly whether newable fuel standard. native energy. they ought to have one Pinocchio or Another fact-check: The authors of We should be proud of our Nation’s four, but they ought to look at having the opinion piece also claim that corn farmers and biofuel producers. Effi- a Pinocchio because they are wrong on ethanol has resulted in a significant in- ciencies gained have allowed farmers so many instances. crease in the volatility of food costs, to produce ever-increasing yields, with Mr. President, I ask unanimous con- which has left prices higher, they say. greater environmental stewardship, in- sent to have printed in the RECORD the So I looked into the average food infla- cluding using less water and less fer- article from the Wall Street Journal. tion going back to 1970. During the tilizer. Ethanol production has also There being no objection, the mate- 1970s, food inflation averaged 7.8 per- seen efficiency gains. rial was ordered to be printed in the cent. In the 1980s, it was 4.6 percent. In These are facts: In 1982, 1 bushel of RECORD, as follows: the 1990s, it was 2.8 percent. In the corn produced about 2.5 gallons of eth- [From the Wall Street Journal, May 15, 2015] anol. Today’s ethanol plants are pro- 2000s, it was 2.9 percent. So far this dec- PAYING FOR ETHANOL AT THE PUMP AND ON ducing more than 2.8 billion gallons of ade, it has been 2.2 percent—or the low- THE PLATE ethanol. We have a plant in Ida Coun- est rate of increase at the same time (By Mike Brown and Rob Green) ty, IA, that can get almost 3 gallons of that we are producing record amounts What do a franchise owner of four chain of corn ethanol. ethanol from 1 bushel of corn. According to the U.S. Energy Infor- restaurants in Virginia, a food service dis- Finally, these two writers for the tributor in Ohio and a poultry farmer in chain restaurants and for the chicken mation Administration, if ethanol Kentucky have in common? They are all people claim that the increases in feed yields per bushel had remained at the small-business owners who work in local cost have affected the American pro- 1997 levels, it would have required 343 communities and help Americans put food on duction of beef, pork, and chicken. million bushels—or 7 percent more—of the table. They state that production had in- corn to produce the same amount of But they have also all felt the failure of creased consistently over the past 30 fuel last year. That corn would have re- the federal corn-ethanol mandate, known as the Renewable Fuel Standard. Congress years but has now leveled off due to the quired the use of 2.2 million additional acres—or approximately half the State doesn’t agree on much lately—but ending a higher cost of feed. failed policy that stymies small businesses, Again, this is nowhere near reality. of New Jersey—just to keep up when hurts the environment and increases food Let’s check the facts. The reality is we had the more inefficient production prices should be a bipartisan priority. that the Department of Agriculture is of ethanol. Since the RFS was implemented in 2005, projecting red meat and poultry pro- Homegrown biofuels are extending costs of vital food commodities, including duction of 95.2 billion pounds this our fuel supply and lowering prices at corn, grains and oilseeds, poultry, meat, eggs year—up 10 percent from 2005. More the pump for consumers. Biofuels ac- and dairy, have risen dramatically. Here’s growth is yet expected. The Depart- count for 10 percent of our transpor- one major reason: The federal government’s ment of Agriculture projects a produc- tation fuel today. This economic activ- corn-ethanol mandate requires that a per- centage of the nation’s corn crop be blended tion record of red meat and poultry in ity supports American farmers, rural into gasoline each year as ethanol. Every 2016, with 96.8 billion pounds—up 12 economies, and keeps the money at year the percentage required increases, di- percent from 2005. home rather than sending it abroad. verting more of the nation’s corn supply into Just a few years ago, when corn In recent years, our national security ethanol fuel. This harms the broader U.S. prices had peaked at more than $7.50 a and economic well-being have been too economy.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.019 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3102 CONGRESSIONAL RECORD — SENATE May 20, 2015 Before it hit consumers so hard, the federal Chris Kyle, a Texan whom Al Qaeda ple of a President whose policies are al- corn-ethanol mandate caused higher feed called ‘‘the Devil of Ramadi’’ and together rudderless in the Middle East, costs for poultry producers, cattle feeders, whose service was chronicled in the even as that region is riled with grow- dairy farmers and others in the food chain. book and the movie ‘‘American Snip- ing instability and grotesque violence. While food costs have always fluctuated due We can trace that to what happened in to unforeseeable factors like the weather, er,’’ and LTG Sean McFarland, whose the demand artificially created by the RFS soldiers implemented a brilliant coun- the area just a few years ago. I alluded has resulted in a significant increase in vola- terinsurgency strategy to win over the to this a moment ago. In 2011, after the tility, which has left prices higher. local population and drive out Al President ended negotiations with the Consider: Between 1973 and 2007, corn Qaeda in the process. Iraqis on a status of forces agreement, prices averaged $2.39 a bushel, according to By the way, we are proud to have the Obama administration proceeded the U.S. Agriculture Department. The aver- General McFarland today serving as with a misguided plan to pull the plug age price of corn jumped more than 110% be- commanding general of III Corps at on American presence in that country. tween 2008 and 2014, to $5.04 a bushel. Even Fort Hood, TX. In doing so, he squandered the blood though corn prices have recently declined and treasure of Americans who fought thanks to fabulous weather that produced ISIL’s latest raid and capture of two consecutive bumper crops, prices are Ramadi is a significant setback for all to give the people of Iraq a chance. still more than 59% higher than the histor- of us who seek a stable and prosperous While it is true that the Iraqis had ical average. Prices could surge even higher Iraq, and it represents this terrorist not agreed to the U.S. conditions to an if the U.S. experiences anything less than army’s biggest military victory this enduring American presence, including ideal weather. year. legal immunity for our troops, this ad- The resulting increases in feed costs have Reports of the ISIL takeover of ministration gave up and failed to ex- also affected the American production of Ramadi are staggering. Faced with the pend the political capital necessary to beef, pork and chicken, which had increased secure a status of forces agreement and consistently over the past 30 years but has oncoming ISIL forces, hundreds of Ramadi police and security officials to preserve the security gains we had now leveled off due to the higher cost of feed. made together with our allies in Iraq. As a result, a 2012 study by Pricewaterhouse fled the city, leaving behind American- Coopers estimates that the RFS costs chain made military equipment, including as As a result, those security gains made restaurants $3.2 billion every year in in- many as 50 vehicles, now in the hands in many areas of Iraq since the height creased food commodity costs. of our enemies. Those who managed to of the violence in 2005 and 2006 have Then there are restaurants. Wholesale food escape reported that many security of- since evaporated. prices have outpaced the consumer price In 2012, as terrorist groups were ficials, government workers, and even index by more than a full percentage point flourishing in Syria, the President re- civilians were quickly killed execution- since the implementation of the RFS. In fused to initiate a program to arm vet- style. many instances, especially in the restaurant ted moderate Syrian rebels, dis- In response, the Iraqi Government sector, small business owners are not able to regarding the recommendations made pass on higher retail prices to consumers be- deployed its Shiite paramilitary troops by his most senior advisers, including cause of market competition—a concept that to the province—a move that some ex- then-CIA Director David Petraeus, the corn-ethanol industry is unfamiliar with perts believe could lead to even more then-Secretary of State Hillary Clin- thanks to a government quota. sectarian strife. The Iraqis are looking As if this were not enough, ethanol produc- ton, Joint Chiefs of Staff Martin for support almost anywhere they can tion has contributed to global food scarcity Dempsey, and then-Secretary of De- get it, and in the vacuum left by Presi- and hunger. No country exports more corn fense Leon Panetta. He rejected the ad- than the U.S., but about 40% is ending up in dent Obama’s poor leadership and inde- vice from his most senior national se- gas tanks, not on the world market. So much cision, Iran is more than happy to fill curity adviser. Instead, the President corn has been blended into gasoline that the that vacuum and take up the slack. It higher percentage levels routinely render publicly remarked in January of last should come as no surprise that on year that ISIL was the JV team of ter- boat engines, motorcycles, chain saws and Monday, the day after the fall of older automobiles inoperable. rorist groups. And just a few months Fortunately, lawmakers in Congress see Ramadi, Iran’s Defense Minister ar- ago, President Obama boldly said that the chicken producer, the food service dis- rived in Baghdad to hold consultations ISIL was ‘‘on the defensive.’’ Let me tributor, the restaurant owner and others in with the Iraqi Ministry of Defense. repeat that. Just a few months ago, the food chain for what they are: major con- Obviously, I am frustrated by the President Obama claimed ISIL was ‘‘on tributors to the U.S. economy. Legislation President’s lack of leadership and by the defensive.’’ That is not exactly the has been introduced in both the House and the Obama administration’s failure to case today, nor was it really then. That the Senate this year to repeal the RFS corn- put together a strong and cohesive ethanol mandate, with broad bipartisan sup- is not exactly the kind of leadership we strategy to combat ISIL, but it is more need from our Commander in Chief. port. Congress should take up this legisla- serious than that. It is about what we tion and send it to the president’s desk. By giving our troops a difficult mis- The food industry isn’t anti-ethanol. Re- have squandered in Iraq, what we sion to degrade and ultimately destroy pealing the fuel standard would simply re- bought with the blood of Americans ISIL but not providing them with the quire the ethanol industry to compete in the and the money that came out of the strategy and the resources they need to marketplace just like restaurants, food dis- pockets of American citizens. do so, the President is essentially mak- tributors and chicken farmers do every day— Since ISIL began taking large swaths ing them operate with one more hand without a government mandate guaranteeing of territory last summer, this adminis- secure and growing sales. tied behind their back. We know we tration has taken an approach of paral- have the most capable military in the I yield the floor. ysis by analysis—in other words, doing world, but we cannot win a fight with The PRESIDING OFFICER. The ma- nothing. When they do take action, it our hands tied behind our backs or jority whip. seems ad hoc and piecemeal and not with these constraints—politically cor- THE PRESIDENT’S LEADERSHIP AND ISIL driven by overarching objectives or any rect constraints—the President wants Mr. CORNYN. Mr. President, I come strategy that is apparent to me. to make and not commit the resources to the floor today to talk about the I am not the only one who believes and the strategy and the focus we need latest example of President Obama’s we do not have a strategy in the Middle in order to win. So I hope the President failure to lead in the international East. This President’s own former Sec- will reconsider after this latest dra- arena, to the detriment of our national retary of Defense, Bob Gates, said yes- matic setback in Ramadi. I hope Presi- security and the security of our allies. terday: ‘‘We’re basically sort of playing dent Obama will provide us with a Over the weekend, the Iraqi city of this [instability in the Middle East] strategy to degrade and destroy ISIL. Ramadi in Anbar Province—which is day to day.’’ After affirming his belief In Ramadi—a major city and capital about 70 miles from Baghdad—fell to that we have enduring interests in the of Iraq’s largest province—we see much ISIL. Once a hotbed of Al Qaeda activ- region, Secretary Gates then added: more than just a symbolic setback, and ity, Ramadi had been won back and ‘‘But I certainly don’t think we have a I bet Chairman Dempsey wishes he pacified at great costs in 2006 and 2007. strategy.’’ I could not agree more with could take those words back—he called That accomplishment was made pos- him. it merely symbolic. sible due to the heroic efforts of some Unfortunately, this takeover of We see a dangerous development and great Americans, such as Navy SEAL Ramadi serves as just the latest exam- a great obstacle to a more stable Iraq

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.001 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3103 and thus a more stable Middle East. port the basic tools the American peo- This is an issue we are passionate But this is what gets to me: We had ple want to see when it comes to trade. about, and I stand with Senator CANT- more than 1,000 brave American troops They want to know that if they lose WELL from Washington and support die in Anbar Province during combat their jobs, they can get retrained. They her. Until we know there is a path for- operations since 2003. I do not want to want to know that if export markets ward and that the charter for the Ex- see their lives having been given in are open, they will have some ability Im Bank will not expire, that we will vain and squandered. So I hope that to sell their products to those devel- not play chicken with our economy and this is a wake-up call to the Obama ad- oping markets that may not have a with our exports—until we know there ministration and that they will provide bank there but can help get financial is a path forward, how can we really the Congress and the American people support from a bank in the United say we are protrade? How can we really and our troops a clear path forward to States with the help of a Federal ex- stand on the floor here as we are dis- defeat ISIL and to rid the world of this port credit agency. And yes, we have to cussing trade and trade implications of terror army. have some basic tools on enforcement. TPA and TPP and all of the initials— Mr. President, I yield the floor. So if the other side of the aisle wants TTIP, ISDS, and all of the things peo- The PRESIDING OFFICER. The Sen- to resolve these problems and move ple might be listening to and saying: ator from Washington. ahead on a trade agreement, they have What are they talking about? These Ms. CANTWELL. Mr. President, 4 to stop catering to the conservatives in are important tools and an important years ago, I joined my Republican col- the House—and probably some of them apparatus and they represent a huge leagues on the Senate Finance Com- do not even support trade overall—and part of what we need to do when 95 per- mittee and voted to give the President start working with the people who do cent of all consumers live outside this of the United States trade promotion support trade. country, but we need to do it in a way authority—4 years ago. I have been a As I said 4 years ago in the Finance that recognizes that American workers supporter of trade promotion authority Committee when I supported TPA, are part of this structure and that we for a long time, but I also realize that these policies are important tools for have to have the tools other countries when it comes to trade, there are the U.S. economy. I feel strongly that utilize in order to make sure we are issues on which we have to work on to- in the developing world, trade can be a moving forward. gether. great asset in helping stabilize regions. I give my great public thanks to Sen- We are at a juncture now where it is I do not want to hold down other grow- ator CANTWELL for her brave fight and hard to move forward here in the Sen- ing middle classes around the globe. knowing that as the chief Democratic ate. I would say to my colleagues on We do not want to lose jobs here in the sponsor of the bill we are promoting, I the other side of the aisle that there United States because of it. stand with her. I stand with her today. are basic things about the future of So let’s have the tools that go along Mr. President, I also want to talk America in a global economy—the with trade, and let’s get these bills today about an issue that is important American people want to be assured passed. But if we are going to continue to North Dakota. It is interesting that that there are going to be tools for to cater to a group in the House who we are talking about eliminating trade them to compete. claims they do not want government, I barriers and improving opportunities So the fact that the Finance Com- do not see how, in this debate, we are for access to markets when we have a mittee and the negotiators of the trade going give the American people the self-imposed access-to-market problem, promotion authority spent months and tools that will give them security. and that is the trade embargo on Cuba. months on whether we were going to I yield the floor. It is a barrier our government puts on have TAA—which is a program that The PRESIDING OFFICER. The Sen- our own farmers and ranchers, and it helps laid-off workers who are im- ator from North Dakota. holds back their ability to export and pacted by trade—because some House Ms. HEITKAMP. Mr. President, first, hurts their bottom line. I am talking conservatives did not support trade ad- I would like to offer my great thank- about the U.S. embargo with Cuba, of justment authority—workers being re- you to the Senator from Washington course, specifically on private—pri- trained when they are affected by trade for advancing this very important bi- vate, private, private—business activi- agreements—we spent months and partisan bill. ties that could enhance the sale of our months because some conservatives in We have worked long and hard in my agricultural goods to Cuba. the House do not believe in government office and with Senator KIRK to try to and do not believe in this program that fashion a bill that addresses the vast My great friend from Arkansas Sen- helps support laid-off workers. majority of issues that so many people ator BOOZMAN and I filed an amend- Then we had to spend weeks and have or allege to have regarding the ment which would free our exporters to weeks out here because people on the Export-Import Bank. At the same time provide private—private, private—cred- other side of the aisle—again at the be- we are stalling that critical piece of in- it with no risk to the government or hest of conservatives in the House—did frastructure in our trade apparatus, taxpayers for exports of agricultural not want to support enforcement. China and India are pouring billions of products to Cuba. We had a hearing on Now we are at this juncture because dollars into their similar institution to this in the agriculture committee, and the same conservatives, because of an recruit and to invest in other countries I must say it was the single issue ideological belief by the Heritage to make sure their manufacturers and raised by all of the experts on how we Foundation—not something about make sure the jobs in their country are could, in fact, open our markets to business and labor, no; actually, busi- safe. We are unilaterally disarming, Cuba if we would allow private-spon- ness and labor support export tools, and we are taking huge chances by not sored credit for these exports. This is a such as a credit agency that helps moving forward on the Export-Import simple change to our regulation that them sell their products. Again, this Bank. And I share my colleague’s com- will make our agricultural exporters conservative group is holding up trade ment: Who are we listening to? more competitive against rice growers legislation because they do not think This is one of those rare moments in Vietnam and corn growers in Brazil. that it meets their political standards, and one of those rare issues where we We know we are the highest quality as my colleague from South Carolina have the American business commu- producer of agricultural products, and said, Senator GRAHAM, that it is all nity, the chamber of commerce, Amer- many of those products are grown in about some private organization they ican manufacturers—all the people on my great State of North Dakota. Yet are trying to politically atone to. that side of the issue and American we don’t have access to that market I say to my colleagues on the other labor together. So what is the issue? because Cuban purchasers don’t have side of the aisle that I have been a sup- The issue is scoring by conservative access to credit. porter of TPA for a long time, but I do groups. The issue is that you might not Unfortunately, under the current not plan to support a cloture motion get the checkmark behind your name if regulations, our government has erect- and I do not plan to support moving you actually support American work- ed a trade barrier. While we talk about ahead until we stop catering to this ers, American jobs, and American man- TPA, trade promotion authority, and very minority group that does not sup- ufacturing. increasing export opportunities, we

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.021 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3104 CONGRESSIONAL RECORD — SENATE May 20, 2015 need to look at what we can do to in- responsibility of setting spending $38 billion more than the President re- crease opportunities for our own pro- goals. Congress has other committees quested. We know both sides want the ducers here right now. It does not take that authorize government programs caps from the Budget Control Act re- a long, drawn-out negotiation, costs no and are charged with overseeing their moved, but at what price for our Na- money, and just makes sense. efficiency and effectiveness. We also tion and its hard-working taxpayers? I urge my colleagues to join with me have committees that allocate the Our military leaders have already and Senator BOOZMAN in this impor- exact dollars for these programs every told us the debt is a threat to national tant effort to remove our self-imposed year, but the Senate Budget Com- security. Removing the threat of se- trade barriers on our agricultural pro- mittee sets the spending goals. In other quester by raising these debt caps ducers and to allow a private invest- words, we set limits. This is why pass- without increasing the debt in the ment and sponsorship of the purchase ing a budget is so important for our short term would require raising taxes. of agricultural products in Cuba. With Nation. It lets the congressional pol- When it comes to defense, we are lit- that, I yield the floor. icymakers who actually allocate the erally trying to outbid the President, The PRESIDING OFFICER. The Sen- dollars get to work immediately by fol- who, with a Democratic Congress, ator from Wyoming. lowing our spending limit. This year, raised taxes to get his budget to that Mr. ENZI. Mr. President, this has we are giving them an early start, and level. been an interesting few days as we Leader MCCONNELL is committed to al- Last year, Congress funded items the have seen the Senate operate the way lowing the Senate to do its job, and Department of Defense didn’t approve it is probably designed to operate. It is that means debates and votes on all 12 or ask for, and costs for major equip- not supposed to be the fastest legisla- appropriations bills. ment exceeded approved amounts by tive body in the world. It is supposed to What is the importance of a balanced billions—that is with a ‘‘b.’’ I know be one that goes over issues slowly and budget? A balanced budget approved by small businesses that were deprived of gives those issues full consideration. Congress will play a crucial role to bids by companies that provided prod- I am so pleased the bill before us has help make government live within its ucts different from the specs with no been through the committee process. It means and set spending limits for our consequences. That is not fair to our has been years since we have seen bills Nation. troops or to our taxpayers. We should go through that committee process. A balanced budget will allow Ameri- get what we ordered, and somebody Virtually all of the bills are coming cans to spend more time working hard needs to make sure that happens. through the committee process this to grow their businesses or to advance It is time for Congress to truly work year, and that means several hundred in their jobs instead of worrying about together to tackle our overspending amendments have already been offered taxes and inefficient and ineffective and achieve real results and real to this bill. A lot of them were consid- regulations. Most importantly, it progress for American families who are ered in committee, some of them were means every American who wants to counting on us. considered duplicative, of course, but it find a good-paying job and fulfilling ca- How do we boost economic growth? brought this bill to the floor, which is reer has the opportunity to do just American families understand that you very important for the economy of the that. cannot spend what you don’t have and United States. A balanced budget will also boost the expect us to scrutinize every dollar we I hope we can work through the proc- Nation’s economic output, but first we spend just like they have to and must ess and get the bill finished. In fact, I must get our overspending under con- do. In many ways, if the government am relatively certain we will. It is not trol because Congress is already spend- would get out of the way, we could in- the prettiest way of doing it, but it is ing more tax revenue than at any point crease jobs by expanding the economy. the way it gets done and has been get- in history. If we can do that, we can A boost in economic growth means ting done for centuries in the United help boost the economy and expand op- more real jobs from the private sector States. portunity for each and every American. and small businesses across the Nation, A BALANCED BUDGET The big question is, What happens if not government ‘‘make work jobs.’’ In Mr. President, what I really want to interest rates go to their normal his- fact, the Congressional Budget Office talk about today is the importance of a torical level? A balanced budget pro- tells us that if we were to increase the balanced budget. Over the past few vides Congress and the Nation with a gross domestic product, which is the weeks, we have seen America reacting fiscal blueprint that challenges law- private sector growth, by 1 percent, to a Congress, and especially the Sen- makers to examine every dollar we that would provide an average of near- ate, which is back to work doing the spend. This is crucial because we cur- ly $300 billion in additional tax revenue people’s business. The basic task of rently spend about $230 billion in inter- every year. governing seems to have eluded this est on our debt every year, which is a How do we do that? One way is to re- normal legislative body over the past 8 historically low interest rate of 1.7 per- verse some of the many regulations years and has decimated the faith and cent. The Congressional Budget Office that burden families and small busi- trust of hard-working Americans who tells us that for every 1 percentage nesses that provide little or no benefit. yearn for a government that is both ac- point that our interest rates rise, it For many of these policies and regula- countable and effective, and that is will increase America’s overspending tions, we need to return to common why passing a balanced budget rep- by $1,745 billion over the next 10 years. sense, and that is not being done today. resented an important step forward. That is a huge hit. When we continually overspend year Here are just a few of the headlines To provide a clearer picture of how after year, we have the opposite effect from around the Nation: ‘‘Senate dire our Nation’s fiscal outlook is, we on private sector jobs and economic passes first joint congressional budget have a looming debt of $18 trillion, and growth that can actually lead to more in six years,’’ ‘‘Senate Passes Cost-Cut- it is on its way to $27 trillion. If the in- sales and more jobs. Expanding the ting Budget Plan,’’ ‘‘Budget ‘A Feat Of terest rate were to go to a modest 5 economy is the best way to raise Considerable Importance,’ ’’ ‘‘Balanced percent, we would owe $875 billion a money for government services, not by Budget Will Focus on ‘Every Dollar year just for interest, which does not raising more taxes. Spent,’ ’’ ‘‘Balanced Budget, A Step buy us anything. That is more than we Another important way to help the Forward,’’ and ‘‘Congress approves the spend on defense; that is more than we growth of our economy is to make the first 10-year balanced budget since spend on other government agencies. government more effective. If govern- 2001.’’ Interest on the debt could soon put ment programs are not delivering re- We know passing a budget was impor- America out of the business of funding sults, they should be improved or, if tant because it symbolizes a govern- defense, education, highways, and ev- they are not needed, they ought to be ment that is back to work, but it is erything else we do. It is time to get eliminated. We need to be looking at also important to understand why serious. It is time both parties get seri- those. The government has to expect passing a balanced budget is so vital to ous about addressing our Nation’s the same tough decisions hard-working our Nation. chronic overspending. taxpayers are making every day. What is the process? The Senate In the budget, defense was given $90 This is Small Business Week, and I Budget Committee is tasked with the billion more than the budget caps and want to mention my appreciation for

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.024 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3105 Craig Kerrigan of the Oregon Trail Just think of how long it has been States that are close behind. If just Bank in Wyoming for writing a little since we have taken a close examina- seven of those nine States approve article about the real issues for small tion of what we are spending money on. moving forward on the balanced budget business. Small business is the motor In 1983, ‘‘The Return of the Jedi’’ was issue, it would bring the total number that drives this economy. He said: the top movie and Americans were ob- of States to 34 States. That would meet If they can’t make a profit, no one bene- sessed with the Rubik’s Cube. the two-thirds requirement under arti- fits. This is the reality: They will tell you Savings are usually found in the cle V of the Constitution and force that the biggest threats and challenges they spending details, but Congress has not Congress to take action on a balanced face in today’s economy are health care, examined the details. It just has the budget amendment. If this happened, taxes and excessive regulations. big picture, which was painted long ago one of the most important functions of A regulation affects a small business and has now expired. It is time for each Congress—the power of the purse— much more than it does a big business committee to take a look at these pro- would be drastically curtailed, because because they don’t have a lot of people grams and decide if they are even there would be a new constitutional to spread the work over. worth funding anymore. After all, a limit on what Congress would be al- Going back to Craig Kerrigan’s arti- project not worth doing at all would lowed to borrow. cle: not be worth doing well or would not Now, I mentioned before that I think They want to provide competitive salaries be worth continuing funding for it. But we have been overspending. We are and benefits, and in most cases they do. But how would committees know if they scheduled to overspend by $468 billion any cost that is forced upon them they ei- have not looked at the program in this year. How much do we get to actu- ther pass on to the consumer or they go out years? How would they know if they ally make decisions on? That amount of business. don’t have a way to measure how well is $1,100 billion. If we were to balance It is interesting to note that those the programs are working? the budget right now, we would have to who force these costs upon small busi- When I first came to the Senate, Yel- do a 50-percent cut in everything we ness are not the ones paying for them, lowstone Park was going broke and do, and that is not even talking about and it is always easier spending other threatening to shut down. Every year an increase in interest rates. people’s money. they said they were running out of So, in conclusion, Americans are Mr. President, I ask unanimous con- money in August, and that is the prime working harder than ever to make ends sent that the entire letter by Craig time for the season. I checked the meet. Shouldn’t their elected officials Kerrigan be printed in the RECORD at spending bill covering the park, and I be willing to work harder too? We need the conclusion of my remarks. found out it only lists how many em- to pass a balanced budget as an impor- How do we get a more effective gov- ployees and the total millions of dol- tant step, but that is just a first step ernment? One of the first places Con- lars to be spent there. I asked for the and, unfortunately, that was the easy gress should start is by reviewing the details. Both the spending committee part. Congress has to get serious about 260 programs whose authorization— and the Department of Interior told me tackling its addiction to overspending that is their right to spend more that was as much detail as they had. I and once again become good fiscal stewards of the taxes paid by each and money—has expired. Some of these pro- asked for a printout of how the money every hard-working American tax- grams expired as long ago as 1983, but was spent in the previous year. They we are still spending money on them payer. said it was not available. I heard about Earlier this month, on the 70th anni- every year. That means we have been millions of dollars in delayed mainte- paying for these expired programs for versary of Victory in Europe Day—or nance. I asked for a list of what that V–E Day—our Nation’s Capital had the more than 30 years. It is not just the consisted of, and I was sent a list of length of time these programs have rare privilege of seeing and hearing new buildings they wanted to con- World War II airplanes, our Arsenal of overstayed their welcome, the funds we struct. That is not delayed mainte- allocated to them every year are more Democracy, fly over the National Mall nance. and the U.S. Capitol Building. This than what the law called for. In some In 1999, the Park Service was cited by cases, that means we are spending as flight and these planes remind us that the Wyoming Department of Environ- as a nation, we rise together or we fall much as four times what we should be. mental Quality for raw sewage that together. Those planes also remind us You have to take care of your own was flowing into the Madison River, that when we work together, we suc- doorstep. which prompted a request to Congress ceed together. Yesterday, I had an oversight hearing for emergency repair funds. I asked Let us commit to work together to for the Congressional Budget Office, why that wasn’t taken out of the Na- end our overspending and balance our which comes under the direction of the tional Park Service emergency budget. budget. Budget Committee. It was the first There was an emergency fund with I yield the floor. oversight hearing in 33 years. Every- plenty of money available immediately There being no objection, the mate- body needs to take a look at the pro- for the problem at that time. I didn’t rial was ordered to be printed in the grams they are in charge of and see if get an answer, but I found out that RECORD, as follows: there are not some changes that ought they got more by asking for additional [From the Wyoming Tribune-Eagle, May 19, to be made since the invention of the funding at a time of crisis. That is not 2015] mobile phone, and, of course, that was how government spending is supposed FOCUS ON REAL ISSUES FOR SMALL a mobile phone about that big. to be done. BUSINESSES The 260 programs that have expired That is why we need to have a bal- (By Craig Kerrigan) are costing us $293 billion a year. That anced budget. That is why we need to In recognition of Small Business Week, I is over $2,935 billion—or $2.9 trillion— have people scrutinizing the items that thought it appropriate to share some over 10 years. Eliminating these pro- are under the jurisdiction of their com- thoughts about small businesses that are not grams alone would almost balance the mittees. discussed as much as I feel they should be. budget. A balanced budget amendment is It is frustrating how many articles are written about our economy and the effects it In business, programs are reviewed what many of the States are working has had on small businesses since the Great every year or sometimes every week to on. We better show taxpayers that Con- Recession, but they always seem to take an see if they still contribute to the busi- gress is committed to a balanced budg- approach based on surveys, statistics, theo- ness and its strategic plan, and if there et, to make it ever more effective, be- ries, opinions, analysis and general assump- is not some improvement that will cause we are running out of time. It is tions; almost illusory. make things work better, they often not just because of the increase in the Let me offer a suggestion. I am sure almost all of you have a family look for small savings to help strength- interest rates that are possible here, member, friend or acquaintance who owns a en the organization and contribute to but currently, lawmakers in 27 States small business here in Cheyenne or Laramie its bottom line. But in Washington, have passed applications for a Con- County. programs are not reviewed, let alone stitutional Convention to approve a JUST ASK THEM questioned, let alone scrutinized. Not balanced budget amendment, and there If you do, just ask them what is happening even big amounts are questioned. are new applications in nine other in their business and about the management

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.025 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3106 CONGRESSIONAL RECORD — SENATE May 20, 2015 decisions they have had to make to navigate based on a ‘‘one size fits all’’ approach that think most people would agree that it the issues they face every day as they relate they become overwhelming and result in un- is squarely within the prerogatives and to our economic and political environment. intended consequences. the constitutional duties of the U.S. No more theories as to what should be hap- How do I know this? As a banker, you can- Congress to decide. pening, just a simple question as to what is not be an effective partner in the success of Consumers in the U.S. want to know really happening, simply put, where theory any business unless you analyze financial in- meets reality. formation and communicate with manage- where their food comes from. Through For the purpose of this article, I will use ment throughout the year. a legitimate, democratic process, we businesses that employ between one and 50 Numbers can be interpreted differently, passed a law to provide consumers with employees with gross receipts or sales up to but they never lie, and they are not based on this information. But no matter how $7.5 million, although the definition varies theories. You have to know the business of we have revised the rule pursuant to from industry to industry. the business and make decisions to help the law, it is apparently still not in They are the true backbone and lifeblood them make the necessary adjustments. compliance with our WTO commit- of our local and national economy as they Sounds simple, but there are many dif- ments. It seems that we will have to create 70 percent of new jobs. They are what ferent business structures—sole proprietor- repeal the law to avoid trade sanctions. I call the forgotten many. ships, corporations, partnerships and limited You can find someone in almost all busi- While our WTO obligations are not liability companies. These are businesses the same as our commitments under a ness sectors: retail, construction, real estate, that do not have the luxury to staff human manufacturing, professional services and resources, compliance, legal or accounting free-trade agreement, it doesn’t require food service, to name a few. departments. too much imagination to see how other Many of these small businesses are owned Small businesses must handle many of U.S. laws will buckle under future and operated by our friends and neighbors, these internally, or hire third-party vendors, trade agreements. This is why the deal- people who go to work every day to provide which is added expense. The common thread breaker for me is the investor-state a service that benefits our local economy. I see at this time is frustration, uncertainty They have no set hours, no guaranteed bene- dispute settlement, or ISDS for short. and a feeling of failure due to costs beyond ISDS provides a special forum out- fits, no stock options and no perks. their control, and because of this they are In almost all cases, they started their busi- side of our well-established court sys- reluctant to reinvest profits and hire more ness with their hard-earned savings, conver- tem that is just for foreign investors. employees. sion of retirement accounts from previous So the next time you read an article about These investors are given the right to employment, gifts from family and credit what should be happening, walk across the sue governments over laws and regula- from banks. They have pledged their homes, street or drive across town and talk with tions that impact their businesses—a vehicles and other personal property just to someone you know that owns a small busi- legal right not granted to anyone else. find enough cash to start their business. ness. This forum is not available to anyone Many have second jobs and take no salary from the business until it can be profitable. THANK THEM other than foreign investors. It is not I have been blessed to have been a banker The first thing you should do is thank open to domestic businesses. It is not in Cheyenne for almost 40 years, and I have them for everything they do to make our open to labor unions, civil society been given a unique perspective from being community a better place. Many of them are groups or individuals that allege a vio- both a banker and also an owner of a small members of our Chamber of Commerce and lation of a treaty obligation. The arbi- business as many small community banks unselfishly give of their time and money to trators that preside over these cases are privately and family-owned small busi- support other small businesses. are literally not accountable to any- nesses. Don’t be indifferent to our economic and I have had the chance to be involved in one, and their decisions cannot be ap- political environment because the reality is pealed. To date, nearly 600 ISDS cases helping to facilitate business startups, ex- you are paying for any increased costs to pansions, restructures and unfortunately liq- small businesses in the prices you pay. have been filed. Of the 274 cases that uidating some that have had to close. So at the end of your visit, you will most have been concluded, almost 60 percent Every business has unique characteristics likely hear ‘‘welcome to the real world.’’ have settled or have been decided in with the type of product or service they sell, The PRESIDING OFFICER (Mrs. favor of the investor. the experience of ownership and manage- It is true that when a tribunal rules ERNST). The Senator from Hawaii. ment and the demographics of employees. in favor of the investor, the arbitrators Mr. SCHATZ. Madam President, I They are in business to make a profit, but can’t force the government to change more importantly, they have a passion for wish to join my colleagues in voicing its law, but they can order the govern- what they do. They drive economic growth my opposition to granting fast-track ment to pay the investor, which has through investment, innovation and entre- authority. I oppose the procedures con- the same effect. There is no limit to preneurship. They support not only them- tained in the bill, and I am seriously selves and their families, but they are re- what compensation foreign investors concerned about using fast-track to sponsible for the support of their employees can demand. The largest award to date pass trade agreements that don’t re- and their families. was more than $2 billion. flect the best interests of the American BIGGEST THREATS For a developing country that must If they can’t make a profit, no one bene- people and can undermine the preroga- pay this award, sometimes it rep- fits. This is the reality: They will tell you tives of the Congress. resents up to a third of their GDP. that the biggest threats and challenges they Some who support fast-track would Most governments cannot risk such a face in today’s economy are heath care, have us believe that opposing this bill settlement and end up avoiding this taxes and excessive regulations. and TPP means opposition to a free kind of conflict altogether. The gov- They want to provide competitive salaries market, to trade, and to commerce; but and benefits, and in most cases they do. But ernment often agrees to change the law that is not true. Commerce is essential, or regulation that is being challenged any cost that is forced upon them they ei- and we should be promoting it. But ther pass on to the consumer or they go out and still pays some compensation. The of business. corporate interests should not be the threat of a case can be enough to con- It is interesting to note that those who driving force for public policy decisions vince a government to back away from force these costs upon small businesses are on public health, consumer safety, and legitimate public health, safety or en- not the ones paying for them, and it is al- the environment. vironmental policies. ways easier spending other people’s money. Just this week, a WTO ruling on our ISDS cases cost millions of dollars to The new health-care law affects decisions country-of-origin food labeling law pro- defend and take years to reach their they have had to make as to the number of vided a striking example of how what employees they can have and the type of final conclusion. The high profile cases benefits they can offer. Many are limiting is called free trade can be used to erode filed by Philip Morris International full-time employees to less than 50 to avoid consumer protection. The country-of- challenging cigarette packaging laws the costs of mandated health coverage. origin labeling law was passed by Con- have had a chilling effect around the If they don’t know what the next surprise gress, and it requires producers of meat world. Several countries have been in- is going to be with our tax code, it is almost and chicken to provide information to timidated into holding off on passing impossible to project income and expenses. consumers on where the animal was their own laws to reduce smoking. And if they are forced to follow a new regula- raised and slaughtered. If we ask most Every year of delay is a victory for to- tion, they have to hire non-income producing overhead just to make sure they don’t get people, they would say they want to bacco companies. They get 1 more year fined or worse. know if their beef is from Texas or to attract new, young smokers. In the Many regulations are needed; it is when from Taiwan. And even if one isn’t par- case of tobacco, the cost of ISDS could they are inefficient, duplicative and applied ticularly passionate about that issue, I be human life.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.002 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3107 I would hope that if we empower cor- HATCH and I have thought to take a Janet Yellen has expressed serious con- porations to challenge democratically more flexible approach. cern that this type of provision could elected laws and regulations, that we I am going to outline how I have ‘‘hamper’’—these are Janet Yellen’s would be doing so for an extremely reached that judgment so that col- words—that this type of provision compelling reason. But here is the leagues, as we turn to this question of could ‘‘hamper or even hobble mone- thing: The rationale behind ISDS is ex- currency, have a bit more awareness of tary policy.’’ The Chair’s concern— tremely thin. Advocates claim that in- what is at stake. As I indicated already Janet Yellen’s concern—is that because vestor protections such as ISDS draw this morning, we will be discussing this monetary policy can impact currency foreign investment into a country, but particularly in the conference com- valuation, we could end up tying our no one has actually been able to dem- mittee that is going to take place next hands and, in effect, taking one of the onstrate that this link exists. Studies month when the House and the Senate Fed’s important tools out of their eco- have not even been able to show a sig- get together to talk about currency nomic toolbox. nificant correlation between investor and other critically important enforce- For example, a number of countries protections and the level of foreign in- ment issues. have argued that the Fed’s quan- vestment in that country. Instead of I fully agree with my colleagues who titative easing policy unfairly values driving decisions to invest, ISDS provi- have been saying this is a very impor- our dollar. Now, I want it understood sions are being manipulated by multi- tant issue and our government must do that I think those countries are dead wrong—dead wrong—in making that national corporations. more to target countries that harm our Some companies seem to be setting economy by artificially deflating their argument. But we ought to realize that up complex corporate structures ex- currency. What is at issue is making those countries that have sought to cry plicitly for the purpose of taking ad- sure we proceed in a way that really re- foul argue that what the Fed did to vantage of existing ISDS provisions. dounds to the benefit of our country, bring down the unemployment rate was in effect an unfair strategy for increas- This is what Australia is alleging that our workers, and our business. ing exports. Colleagues, as we think Philip Morris did to challenge Aus- In the process of taking aim at for- about this currency issue, consider tralia’s tobacco laws. The Philip Mor- eign currency manipulators, it is espe- what could happen if the United States ris Hong Kong entity bought shares in cially important to make sure that was subject to dispute settlement by Philip Morris’s Australian company this Senate does not cause collateral damage to the Federal Reserve and our an international tribunal on this issue. just 10 months after Australia an- That is why I am concerned that tak- nounced its cigarette plain packaging dollars. We all understand the Federal Reserve uses monetary policy as a tool ing the path of the Portman amend- rules. It seems that Philip Morris did ment would, as I have described, to stabilize prices and boost employ- this for no other purpose than to gain outsource the question of the Federal ment. The right solution is to make access to the ISDS provision in the Reserve’s intent in decisionmaking to sure that our country gets the upside Hong Kong-Australia Bilateral Invest- an international tribunal. I think of going after those who manipulate ment Treaty. Americans are going to be very skep- currency and avoids the downside of re- ISDS is just another arrow in the tical of the idea that, in effect, we are stricting the tools that Janet Yellen quiver of legal options available to going to have this international tri- and those in charge of monetary policy multinational corporations and no bunal trying to divine essentially what may want to use. other entity or person. The con- the Federal Reserve’s intent was. I per- The bipartisan trade promotion bill sequences for public health, safety, and sonally do not like the idea at all of now before the Senate includes a first— the environment far outweigh any real outsourcing this judgment to an inter- many firsts but one in particular. For or imagined benefit of ISDS. For these national tribunal. I think it could have the first time currency will be a prin- reasons, I oppose fast-track and any very detrimental consequences both to cipal negotiating objective. What trade agreement that contains an ISDS the cause of trade and to our economy. provision. Chairman HATCH and I have sought to Just yesterday, Treasury Secretary I yield the floor. do is to strengthen that and to take Lew said he would recommend a veto of I suggest the absence of a quorum. yet another step. We direct the admin- a TPA package that included this type The PRESIDING OFFICER. The istration to hold our trading partners of amendment, because he, too, clerk will call the roll. accountable when they manipulate cur- thought it would threaten our Nation’s The senior assistant legislative clerk rencies by using the most effective ability to respond to a financial crisis. proceeded to call the roll. tools available: enforceable rules, So it is going to be important to get Mr. WYDEN. Madam President, I ask transparency, recording, monitoring, this right, to make sure that our trade unanimous consent that the order for and a variety of cooperative mecha- agreements have the upside of being the quorum call be rescinded. nisms. My view is that what Chairman strong in the fight against currency The PRESIDING OFFICER. Without HATCH and I are seeking to do here manipulation, but to make sure that objection, it is so ordered. strikes the right balance. We get the we also avoid the downside of restrict- Mr. WYDEN. Madam President, I upside of confronting unfair currency ing our monetary policy tools. spoke a little bit this morning about manipulation, and we don’t pick up the I hope my colleagues will think this whole issue—and a very serious downside, tying our hands with respect about the unintended consequences of issue it is—of currency manipulation. to policy options that are completely the Portman amendment. If we were to In effect, we are going to have two legitimate and important. have another unfortunate financial cri- choices with respect to this issue, one One of those policy options that I feel sis—and no one wants that—we all offered by the chairman of the Finance especially strongly about is ensuring want to make sure that the Federal Committee, Senator HATCH, and my- that the Fed has the ability to use poli- Reserve has the full array of economic self, and one offered by Senator cies to strive towards full employment. tools to get our economy moving again PORTMAN and others. So for me, this issue really comes down and to keep workers on the job. AMENDMENT NO. 1299 to making sure we have all the tools at So we are going to be faced with this I wish to take a few minutes to raise the Fed and elsewhere for helping to judgment, and I hope my colleagues what are my biggest concerns with re- create good jobs and economic sta- will say that the approach Chairman spect to the amendment offered by the bility—jobs that pay higher wages and HATCH and I have offered is one that Senator from Ohio, Mr. PORTMAN, and help our communities prosper. will allow us to build on the first-ever try to put this issue in context. What is The Portman amendment is very dif- negotiating objective for currency that particularly troubling to me is it seems ferent than what I and Chairman is in the bill and accept our amend- to me that the Portman amendment HATCH have been talking about. Under ment and recognize that, as I stated would outsource the question of the the Portman amendment, our country earlier, we are going to have another Federal Reserve’s intent in decision- would be subject to dispute settlement bite at the apple when currency is cer- making to the whims of an inter- in an international tribunal, which tain to be an important part of a Cus- national tribunal, and I think that is means that there would be trade sanc- toms conference between the House very troubling. That is why Chairman tions. Now, Federal Reserve Chair and the Senate in June.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.027 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3108 CONGRESSIONAL RECORD — SENATE May 20, 2015 With that, I see my colleagues are on the overall negotiating objectives: ernment officials or to secure any such here, and I yield the floor. ‘‘to promote respect of worker rights improper advantage’’—these are The PRESIDING OFFICER. The Sen- and the rights of children consistent anticorruption provisions—‘‘to ensure ator from Maryland. with core labor standards of the ILO that such standards level the playing Mr. CARDIN. Madam President, let (as set out in section 11(7))’’—defined as field for United States persons in inter- me first say that I thank Senator the International Labour Organiza- national trade and investment. . . .’’ WYDEN for his hard work. I am one of tion—‘‘and an understanding of the re- Why is this important? Because in those who believe it is important for lationship between trade and worker some countries, including those coun- Congress to pass trade promotion au- rights . . . to promote universal ratifi- tries with which we are negotiating, thority. I don’t believe we can com- cation and full compliance with ILO there are practices where companies plete the TPP without trade promotion Convention No. 182 Concerning the Pro- that want to participate in government authority. I think TPP is an important hibition and Immediate Action for the contracts have to deal with kickbacks strategic partnership for the United Elimination of the Worst Forms of or have to deal with bribery. States as well as an economic partner- Child Labor . . .’’ Well, American companies cannot do ship for the United States. That is in our overall objective. I that. We have laws that prohibit that, Having said that, I listened carefully want to talk a moment about the prin- but there should not be anyone dealing to Senator WYDEN where the adminis- cipal negotiating objectives, because with that. In the principal negotiating tration has raised an objection to a there is greater consequence to the objectives, we instruct our negotiators particular amendment and saying if principal negotiating objectives. There to deal with these anticorruption that gets on the bill, they would veto are provisions included in the principal issues. The administration must show the trade promotion authority. I say negotiating objectives that are dif- we have made progress—not only that because many of us who support ferent from what we have done in any progress, that we have enforceable TPA have said: Look, let’s make sure other TPA bill. standards against corruption that we get it right. Let’s make sure that First, yes, it does deal with the core would disadvantage American compa- we have an open amendment process so labor rights. The principal negotiating nies doing business in those countries. that we can try to make this the objective that the administration must That is a huge step forward on our strongest possible bill, because we show us that they have done deals with anticorruption issues, but we go fur- don’t get that many opportunities to the ‘‘adopts and maintains measures ther than that. I am very proud of an take up trade legislation. implementing internationally recog- amendment I offered that was adopted I just mention that because yes, I nized core labor standards . . .’’ that is to the trade promotion authority deal- come to the floor to say that we need included in there. ing with good governance, trans- trade promotion authority. When you Included in the principal negotiating parency, the effective operation of look at the fact that we are a democ- objectives is the requirement for envi- legal regimes, and the rule of law of racy with separation of the branches of ronmental law: ‘‘its environmental trading partners. This is, again, a prin- government, we cannot negotiate—535 laws in a manner that [cannot weaken] cipal negotiating objective which says of us—with our trading partners and or reduces protections afforded in those we have to strengthen good govern- enter into an agreement. We have to laws in a manner affecting trade or in- ance, transparency, the effective oper- delegate that negotiating authority, vestment between the United States ation of legal regimes and the rule of and that is what TPA does. At the time and that party . . .’’ law of trading partners of the United we delegate that, we also must make it So what we have done is that we also States, through capacity building and clear what our trade objectives are put in there: ‘‘does not fail to effec- other appropriate means, and create a about, and we also must take advan- tively enforce its environmental or more open Democratic society and—let tage of that opportunity to protect labor laws, through a sustained or re- me add this, this is in the bill—to pro- workers’ rights legitimately and make curring course of action or inaction mote respect for internationally recog- sure we have a level playing field for . . .’’ nized human rights. American companies. I think that is I read that into the record because I That is a principal negotiating objec- our responsibility. want to make it clear that if you be- tive. We are talking about freedom of In the discussion of this bill, I want lieve we should be negotiating trade speech, freedom of assembly, associa- to acknowledge that we do have part of agreements and you believe that it tion, religious freedom. We have in- this—the trade adjustment assistance. only can be done through the adminis- structed the administration—if they That is important to American work- tration and can’t be done through accept our bill and sign it into law— ers. We have Customs legislation that I Members of Congress individually ne- come back to us on how we have dealt wish was in this bill, because I am con- gotiating a trade agreement, and you with advancing good governance, cerned as to whether both will reach believe you need to be clear as to what transparency, and respect for inter- the finishing line. But it deals with we expect, the principal negotiating nationally recognized human rights in strong enforcement, and ‘‘level the objective is where you include that lan- the trade agreement that we brought playing field’’ currency issues are all guage. And we have been very clear in forward. dealt with in a separate bill that we the principal negotiating objectives in This is the first time we have in- passed earlier. I guess last week we regards to core labor standards and en- cluded anything similar to this in a passed the legislation on the Customs. vironmental standards, because we trade promotion authority act. So this Let me just talk for a moment about know that to have a level playing is a new level of expectation of what we trade promotion authority, and say field—the countries we are negotiating expect to do in our trade agreements. I that we have to be very clear about our with do not have the same high stand- really want to emphasize that because expectations. I want to compliment ards that we have for labor, do not we have not been bashful in the past Senator WYDEN and Senator HATCH and have the same high standards we have using trade to promote human rights. the Senate Finance Committee. In for the environment—we want to make We usually do it when we have a spe- reading this legislation—and I hope sure we are not placed at a disadvan- cific opportunity. We did it well before you all had a chance to do it—you are tage. So it is in the principal negoti- our time in Congress when Jackson- going to find that this really does take ating objectives. Vanik was passed, dealing with Soviet our delegation of authority and our ex- But we have gone further than that. Jewry being able to leave the former pectations to a much higher level than In the principal negotiating objectives Soviet Union. we have ever done on areas that have we put for the first time anticorruption We also used trade as a hammer to not been traditionally as clear on Con- provisions. That is in the principal ne- bring down the apartheid government gress. gotiating provisions: ‘‘to obtain high of South Africa. Most recently, we used I will just mention a few of those. standards and effective domestic en- trade as a hammer when we needed to Our overall trading objective is very forcement mechanisms . . . [to] pro- deal with normal trade relations with clear to deal with labor standards. In hibit such attempts to influence acts, Russia in regard to a WTO issue— quoting from the bill that is before us, decisions, or omissions of foreign gov- where we attached the Magnitsky law

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So before we start picking today, the black flags of ISIL fly over did in regard to Sergei Magnitsky. So countries with which we are going to the city of Ramadi, the capital of we should take advantage of the trade do trade agreements, let’s make sure Iraq’s Anbar Province. Anbar was once promotion authority act to advance they are not gross violators of human a symbol of Iraqis working together basic human rights, particularly when rights. with brave young Americans in uni- we are dealing with countries that, Now, so everybody does not get nerv- form to defeat Al Qaeda. Today, it ap- quite frankly, are challenged in that ous—because TPP is so far advanced— pears to be a sad reminder of this ad- regard. it would not be possible to have the ministration’s indecisive air campaign I want to read one other provision free negotiating objectives certified by in Iraq and Syria and a broader lack of that is in the current bill dealing with the President on TPP. I understand strategy to achieve its stated objective trade promotion authority and dealing that. There is a blanket exemption in of degrading and destroying ISIL. with the principle negotiating objec- TPA in that regard, which applies also Equally disturbing, reports indicate tives. It spells out very clearly that it to the amendment I am offering. But I over 75,000 Iranian-backed Shiite mili- is a principal negotiating objective. We would hope our colleagues would agree tias are preparing to launch a counter- have enforcement in it. It says: that moving forward we would want offensive in the larger Sunni province. To seek provisions that treat United the President to take that into consid- Whatever the operational success Shi- States principal negotiating objectives eration, to make sure we have a game ite militias may have in Anbar would equally with respect to the ability to resort plan, if we are dealing with a country be far exceeded by the strategic dam- to dispute settlement under the applicable that has violated human rights, as to age caused by their violent sec- agreement, the availability of equivalent how we are going correct that activity tarianism and the fear and suspicion it settlement procedures, and the availability through the opening of trade. breeds among Iraqi Sunnis. of equivalent remedies. Trade with our country is a benefit. Moreover, the prominent role of What does that mean? What that It should be with countries that share these militias continues to feed the means is that this is not NAFTA agree- our basic values. Lowering trade bar- perception of a Baghdad government ment. In NAFTA, we did make ad- riers should come with further commit- unable or unwilling to protect Sunnis, vances on labor and environment, but ments to our basic values, and that is which is devastating to the political we did not include it in the core agree- what my amendment would do. I would reconciliation efforts that must be cen- ment. It was not effective. We had no urge my colleagues, at the appropriate tral to ensuring a united Iraq can rid enforcement. We had these sidebar time, to make sure this amendment is itself of ISIL. Shiite militias and Ira- agreements. We learned that was not considered. I would ask their support nian meddling will only foster the con- the way to do it. Well, this TPA says on this amendment. ditions that gave birth to ISIL in the that in regard to human rights and Let’s continue to work through the first place. good governance, in regard to labor and process. Let’s continue to improve the Liberating Ramadi and defeating the environment, that they are in the bill. Hopefully, we can reach a point ISIL requires empowering Sunnis who principal negotiating objectives and where we can send to the President the want to rise and fight ISIL themselves, there will be trade sanctions in regard appropriate legislation. including by integrating them into to violations—if there are violations. I yield the floor. Iraqi security forces, providing more We hope there are not. We hope they The PRESIDING OFFICER. The Sen- robust American military assistance. will make the progress. But we have ef- ator from Oregon. Indeed, the Obama administration and fective ways of dealing with our prin- Mr. WYDEN. Madam President, no its spokesperson have tried to save face cipal negotiating objectives that in- more than 2 minutes. Before my col- for its failed policies by diminishing clude the good governance issues that I league leaves the floor, I just want it the importance of Ramadi to the cam- think are critically important. understood in this body that Senator paign against ISIL and the future of I started my remarks by saying CARDIN has championed for decades the Iraq. As ISIL forces captured and thank you to Senator WYDEN. I thank cause of labor rights, environmental sacked Ramadi, the Pentagon’s news him very much because he has really rights, human rights. I so appreciate page ran a story with the headline, done an incredible job in where we are his leadership in this area. ‘‘Strategy to Defeat ISIL is Working.’’ today. He points out that we are not For the first time, as a result of Sen- Secretary of State John Kerry said there yet. I agree. We need an open ator CARDIN’s work, human rights will Ramadi was a mere ‘‘target of oppor- amendment process here. We need to be a principle negotiating objective be- tunity.’’ take up more amendments on the floor cause Senator CARDIN has been spot-on White House Press Secretary Josh of the Senate. I say that as one of in saying trade must be about human Earnest said yesterday we should not those Members who have not been rights. So that is No. 1. ‘‘light our hair on fire every time there bashful about trying to change the Point No. 2, my colleague was abso- is a setback in the campaign against rules of the Senate. lutely right in saying how important it ISIL.’’ Meanwhile, Ramadi, Iraq, and I am told by people who have been is that we have more votes here. That the region are on fire. How could any- here longer than I that the rules of the is why I am going to be spending all one—how could anyone say we should Senate work. You just have to be a lit- day into the night trying to bring that not light our hair on fire when news re- tle patient. OK. We will be a little pa- about. I want my colleague to know I ports clearly indicate there are burning tient. But let’s figure out a way that will also be very interested in working bodies in the streets of Ramadi, that we can have more votes on the floor of with him on this additional amend- ISIL is going from house to house, the Senate in regard to this bill. ment he has to further build on what seeking out people and executing them. We do not get a chance to take up we have in the bill. I thank my col- Tens of thousands of people are refu- trade bills very often. I have an amend- leagues for their patience. gees. What does the President’s spokes- ment that I want to see acted upon. I I yield the floor. man say? That we should not light our do not think it is controversial, but it The PRESIDING OFFICER. The Sen- hair on fire every time there is a set- is extremely important. What that ator from Arizona. back. amendment would do is require the Mr. MCCAIN. Madam President, I ask The Secretary of State of the United President, before commencing negotia- unanimous consent to address the Sen- States of America said Ramadi was a tions with potential trading partners, ate as in morning business, and when mere ‘‘target of opportunity.’’ Have we to take into account whether that po- the Senator from South Carolina ar- completely lost—have we completely

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Yesterday, as I will be catastrophic for the Iraqi peo- today? The President of the United mentioned, Press Secretary Josh Ear- ple and U.S. interests in the Middle States today says: Well, it is climate nest said: ‘‘Are we going to light our East, and a clear victory for Al Qaeda change that we have to worry about. I hair on fire every time there is a set- and Iran.’’ am worried about climate change. back?’’ It goes on and on. Time after time, Do we give a damn about what is It is one of the more incredible state- Senator GRAHAM and I warned exactly happening in the streets of Ramadi and ments I have ever heard a public figure what was going to happen in Iraq. It the thousands of refugees and the peo- make. Well, General Dempsey’s com- was not necessary to happen. It is be- ple—innocent men, women, and chil- ments are equally as absurd. cause of this President’s refusal to dren who are dying and being executed The New York Times headline: leave a force behind. and their bodies burned in the streets? ‘‘Iraq’s Sunni Strategy Collapses in Now, my friends, before I turn to my A few weeks ago, as ISIL closed in on Ramadi Rout.’’ friend from South Carolina, what was Ramadi, the Chairman of the Joint The Washington Post: ‘‘Fall of said at the same time that Senator Chiefs of Staff said the city ‘‘is not Ramadi reflects failure of Iraq’s strat- GRAHAM, Senator Lieberman, and I symbolic in any way’’ and is ‘‘not cen- egy against ISIS, analysts say.’’ were warning of this catastrophe? tral to the future of Iraq,’’ the capital Wall Street Journal: ‘‘US Rethinks What was said at the same time? of the Anbar Province, the place where Strategy to Battle Islamic State After February 2010, Vice President BIDEN: we lost the lives of some 400 brave Setback in Ramadi.’’ I am very optimistic about Iraq. I think Associated Press: ‘‘Rout in Ramadi it’s going to be one of the great achieve- Americans and some 1,000 in the first ments of this administration. You are going battle of Ramadi during the surge. calls U.S. strategy into question.’’ to see a stable government in Iraq that is ac- These are quotes from the media re- Bloomberg: ‘‘Islamic State Victory tually moving toward a representative gov- ports: Bodies, some burned, littered the Threatens to Unravel Obama’s Iraq ernment. streets as local officials reported the Strategy.’’ In December 2011, at a Fort Bragg militants carried out mass killing of The only problem with that state- event marking the end of Iraq war, Iraq security forces and civilians. ment is there is no strategy to unravel. President Obama said: Islamic state militants searched door-to- The Daily Beast: ‘‘ISIS Counterpunch But we are leaving behind a sovereign, sta- door for policemen and pro-government Stuns U.S. and Iraq.’’ ble and self-reliant Iraq. This is an extraor- fighters and threw bodies in the Euphrates According to the Associated Press: dinary achievement, nearly 9 years in the River in a bloody purge Monday after cap- ‘‘The United Nations says it is rushing making. turing the strategic city of Ramadi. . . . aid to nearly 25,000 people fleeing for In March 2012—this is perhaps my fa- Some 500 civilians and soldiers died in the the second time in a month,’’ after the vorite—Tony Blinken, then national extremist killing spree. . . . They said [ISIS] militants were going Islamic State group seized the key security adviser to Vice President door-to-door with lists of government sym- Iraqi city. BIDEN, stated: ‘‘Iraq today is less vio- pathizers and were breaking into the homes The U.N. reported 114,000 people fled lent, more democratic, and more pros- of policeman and pro-government tribesmen. Ramadi in April. The U.N. reports it perous than at any time in recent his- So the Chairman of the Joint Chiefs has helped more than 130,000 people tory.’’ of Staff said it is not symbolic in any over the past alone. This is November of 2012, and Presi- way. It is not central to the future of Continuing: ‘‘Bodies, some burned, dent Obama on the Presidential cam- Iraq. It was in response to those com- littered the streets as local officials re- paign trail said: ments that Debbie Lee sent a letter to ported the militants carried out mass The war in Iraq is over, the war in Afghani- General Dempsey. Debbie’s son, Marc killings of Iraq security forces and ci- stan is winding down, al Qaeda has been deci- mated, Osama bin Laden is dead. The war in Alan Lee, was the first Navy SEAL vilians.’’ It goes on and on. Iraq is over. The war in Afghanistan is wind- killed in the Iraq war. For his bravery ing down. Al Qaeda has been decimated. he was awarded the Silver Star and his Before I turn to my friend from Osama bin Laden is dead. South Carolina, I just want to point comrades renamed their base in So we have made real progress these out, my friends, that this did not have Ramadi ‘‘Camp Marc Alan Lee.’’ last 4 years. ‘‘I am shaking and tears are flowing to happen. This is the result of a failed, In January 2014—I guess this is my down my cheeks as I watch the news feckless policy that called for, against favorite—President Obama on ISIS: all reason, the total and complete and listen to the insensitive, pain-in- The analogy we use around here some- flicting comments made by you in re- withdrawal from Iraq after we had won times, and I think is accurate, is if a jayvee gards to the fall of Ramadi’’ Debbie with the enormous expenditure of team puts on Lakers uniforms that doesn’t wrote General Dempsey. American blood and treasure, including make them Kobe Bryant. She continues: 187 of them in the battle of Ramadi. He was talking about ISIS: My son and many others gave their future In 2011, Senator LIEBERMAN, GRAHAM, The analogy we use around here some- in Ramadi. Ramadi mattered to them. Many and I argued that the complete pullout times, and I think is accurate, is if a jayvee military analysts say that as goes Ramadi so from Iraq would ‘‘needlessly put at risk team puts on Lakers uniforms that doesn’t goes Iraq. all of the hard-worn gains the United make them Kobe Bryant. Debbie Lee is right. Ramadi does States has achieved there at enormous We are seeing a dark chapter in matter. It matters to the families of cost in blood and treasure,’’ and poten- American history, and it is the getting the 187 brave Americans who gave their tially be ‘‘a very serious foreign policy darker. In response to a slaughter in lives and another 1,150 who were and national security mistake for our Ramadi, the answer seems to be: ‘‘Let’s wounded, some of them still residing at country.’’ not set our hair on fire [over this].’’ Walter Reed hospital, who were wound- We wrote a long article in the Wash- That was by the President’s Press Sec- ed fighting to rid Ramadi of Al Qaeda ington Post. In October, 2011, on the retary, and that Ramadi isn’t impor- from August 2005 to March 2007. day President Obama announced a tant at all, from the Chairman of the And it matters to the hundreds of total withdrawal of troops from Iraq, Joint Chiefs of Staff. This is a ‘‘tem- thousands of Iraqis, mostly Sunnis, Senator MCCAIN called the decision ‘‘a porary setback.’’ This is, according to who call Ramadi home, were forced to strategic victory for our enemies in the the Secretary of State, ‘‘a target of op- flee their homes, and feel their govern- Middle East, especially the Iranian re- portunity.’’ ment cannot protect them against gime,’’ and warned that ‘‘I fear that all Where is our morality? Where is our ISIL’s terror. of the gains made possible by these decency? Where is our concern about

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.031 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3111 these thousands of people who are losing in Iraq, under our Republican Why do we need thousands of soldiers being slaughtered and displaced and President, called for the resignation of over there? To protect the millions of their lives destroyed? And we shouldn’t the Secretary of Defense and a new us here. And the only reason I would set our hair on fire? Outrageous. strategy. We saw with our own party in ever ask any soldier to go back over- I ask my friend, Senator GRAHAM, the White House that we were failing seas for any purpose is if I believed it what we should do next. in Iraq and we could not succeed. was important to protect our home- Mr. GRAHAM. Well, we should under- Mr. GRAHAM. Yes, I remember very land—and I do. So this strategy that stand that the direct threat of the vividly going to the White House after we have in place is a complete failure homeland is growing by the day. multiple visits to Iraq and telling inside of Syria, particularly, and it is If you want to be indifferent to what President Bush: When your people tell not working inside of Iraq. is going on in Iraq and say that people you this is just a few dead-enders, and We are on borrowed time, Senator are dying all over the world and that is this is the result of bad reporting by MCCAIN. no reason for us to care or get in- our media, they are wrong. President Obama, you need to listen volved, because we can’t be everywhere Mr. MCCAIN. And that stuff happens. to sound military advice. You need to all the time doing everything for ev- Mr. GRAHAM. Yes, it wasn’t that build up the Iraqi military by having erybody, I would suggest to you that stuff happens; it was that we had it more of us on the ground to help them ISIL in Syria and Iraq represents a wrong. The strategy we had in place up and turn the tide of battle before ISIL growing threat to our homeland. But to 2006 was failing. And the way you gets even stronger and they hit us here. you don’t have to believe me. Ask our know it was failing is that if you go If you don’t adjust, the price that we intelligence community. there often enough—I remember the are going to pay as a nation is, I be- Over 10,000 foreign fighters have gone first trip we took in Iraq after Baghdad lieve, another attack on the homeland. into Syria in support of ISIL over the fell. We were in three SUVs. We went So at the end of the day, you can last few months. Their goal is to hit downtown, shopping, and met with blame Bush, you can blame Obama, the American homeland, so this JV some leaders. And every time we went you can blame me, and you can blame team is becoming an existential thereafter, it was always a bit worse, Senator MCCAIN. We are where we are. threat—maybe not existential, maybe to the point that we were inside of a And I am convinced, if we had left a re- that is an overstatement—a real threat tank, virtually, to go outside the wire. sidual force behind in Iraq, we would to the American homeland. It was clear to anybody who was pay- not be here today. Ramadi is a big victory for them. It ing attention at all in Iraq that it was President Bush, like every other is a recruiting tool. They have been not working. I remember talking to a leader in the world, had certain infor- able to take on the Iraqi Army. They sergeant at one of the mess halls and mation—some of which proved to be have been able to stand up to constant asking: Sergeant, how is it going over faulty. He made his fair share of mis- air assault by the American forces. here? takes, but he adjusted. They are surviving, and they are thriv- And his answer was: Well, not very President Obama had good, sound ad- ing. well. We just drive around getting our vice in front of him to leave a residual So if you want to stop the flow of for- ass shot off. force behind. He decided to go in a dif- eign fighters into the arms of ISIL, you About 1 year later, maybe 2 years ferent direction. When they tell you at have to deliver stinging defeats on the later, we went back to the same unit, the White House that the Iraqis didn’t battlefield. Not only are they stronger to different sergeant, after the surge, want us to stay, that is a complete, ab- today in Iraq and Syria than they have and I asked another sergeant: How is it solute fabrication and a rewriting of been in quite a while, but they are ex- going? history. President Obama, Vice Presi- panding their influence to Libya, Af- Sir, we are kicking their ass. dent BIDEN got the answer they want- ghanistan, and throughout the region. So the bottom line here is that I ed. They made a campaign promise to All I can tell you is their agenda in- think Senator MCCAIN and I have been end the war in Iraq. They fulfilled that cludes three things—the purification of more right than wrong. But we were promise, but what they have actually their religion, which means 3-year-old willing to tell our own President it done is lost the war in Iraq. And the little girls are executed. Just hear wasn’t working. He did make mistakes. war in Iraq and what happens in Syria what I said: They executed a 3-year-old We all have. It is not about the mis- is directly tied to our own national se- little girl. They are enslaving women takes you make. It is how you correct curity. by the thousands as sex slaves under your own mistakes. I hope the President will seize this some twisted version of Islam. What This President—President Obama, opportunity to come up with a new they are doing to people we can’t really you are at a defining moment in your strategy that will protect the home- talk about on the floor, because I think Presidency. If you do not change your land and reset order. Radical Islam is it would be just beyond our ability to strategy regarding ISIL in Iraq and running wild in the Middle East, and as comprehend. Syria—because it is one and the same— it runs wild over there, as they rape The second thing they want to do is then this country is very likely to get and murder, plunder and kill and cru- to drive out all Western influence and attacked in another 9/11 fashion. You cify, to think those people will not create a caliphate where our allies need to listen to the people in the in- eventually harm us I think is naive. have no place. The King of Jordan telligence community and those who The only way we are going to stop would be deposed. All the friends of the have been in the military in Iraq for a ISIL and people like ISIL is to come up United States and people who live in very long time. You are about to make with a strategy that will allow us to peace with Israel, they fall. And then a huge mistake if you don’t change win. The strategy we have in place their place becomes the most radical your strategy. today will ensure the existence of ISIL Islamic regime known in the history of I know Americans are war weary, but as far as the eye can see, the fracturing the world, which will destroy Israel if let me just say this to the American of Iraq and Syria, and one day will in- they can—purify their religion, destroy people. The current strategy is going evitably lead to an attack on this Israel, and come after us. to fail, and one of the consequences of country. All of this is preventable with President Obama, President Bush failure is the likelihood of our country a new strategy. made mistakes. He adjusted, you have or our allies getting hit and hit hard. Mr. MCCAIN. Madam President, on not. President Bush had a defining mo- We don’t have enough American forces behalf of Senator GRAHAM and me and ment in his Presidency in 2006. The in Iraq to change the tide of battle. We many others, I have a message for Iraq war was going very poorly. We had need American trainers, advisers, Spe- Marc Alan Lee’s mother—the mother just gotten beaten on the Republican cial Forces units, and forward air con- of the first Navy SEAL who was killed side, and the Iraq war was one of the trollers to make sure the Iraqi Army in the Iraq war and who, for bravery, reasons we lost at the ballot box. can win any engagement against ISIL. was awarded the Silver Star—and 186 Mr. MCCAIN. Could I interrupt my If we keep the configuration we have other mothers who lost their sons in friend and point out that both of us, be- today, it is just going to result in more the battle for Ramadi: I will never cause of our perception that we were losses over time. stop. I will never stop until we have

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.033 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3112 CONGRESSIONAL RECORD — SENATE May 20, 2015 avenged their deaths. And we will bring What if we have a Republican Presi- in 18 months, and there is nothing this freedom and democracy to Iraq. dent in 2016 or 2020? Look, I hope that President can do to stop the next But more importantly than that is will not be the case, but this is a de- President from reversing direction in the threat this radical Islam and the mocracy and it is not up to me. Most the European negotiations. Iranians pose to our Nation and the Republicans—including ones currently Senator MCCONNELL certainly knows young men and women who are serving running for President—are committed this. That is why he is telling Repub- in the military. to rolling back financial reforms. With licans that ‘‘if we want the next Repub- As a result of this President’s feck- fast-track, they could weaken our fi- lican President to have a chance to do less policies, we have put the lives of nancial rules in a trade deal and then trade agreements with the rest of the the men and women who are serving in ram it through Congress with just 51 world, this bill is about that President the military in much greater danger. votes in the Senate. That is a lot easier as well as this one.’’ My highest obligation is to do every- than the 60 votes needed for a head-on That is why I am proposing this thing in my power to see that this situ- attack on the financial rules through amendment—to make sure no future ation is reversed and that they get the the normal legislative process. President can fast-track a trade agree- support and the equipment they need This is a real risk. We are already ment that weakens our financial regu- and most of all that they get a policy deep into negotiations with the Euro- lations. All of my colleagues who be- and a strategy that will succeed and pean Union over a massive trade agree- lieve in holding the big banks account- defeat ISIS and Iran in their hege- ment. The European negotiators are able and keeping our financial system monic ambitions. pressing hard to include financial re- safe should support this amendment. Mr. President, I yield the floor. forms as part of that trade deal. And I yield the floor. The PRESIDING OFFICER (Mr. SUL- lobbyists from the United States have The PRESIDING OFFICER. The Sen- LIVAN). The Senator from Massachu- recognized that the European trade ator from Ohio. setts. deal is a great opportunity to weaken Mr. PORTMAN. Mr. President, I have Ms. WARREN. Mr. President, I come America’s financial reforms. come to the floor a number of times to the floor to support an amendment I Here is what a member of the Euro- this week to talk about the trade issue, filed with Senators MERKLEY, BALDWIN, pean Parliament said just a few and we are now debating that legisla- and BLUMENTHAL. The amendment is months ago: ‘‘I have been approached tion. I have put up this sign because it simple. It says Congress shouldn’t by lobbyists that have clearly argued is being used by folks on our side of the make it easy to pass any trade deal they want to have a weak European aisle to talk about the importance of that weakens our financial rules. regulation, much weaker than Dodd- this agreement. It talks about a free In 2008, we suffered through the worst Frank, in order to use that afterwards and fair trade agreement for a healthy financial crisis in generations. Millions as a level to undercut or undermine economy. I agree that it needs to be of families lost their homes. Millions of Dodd-Frank in the transatlantic nego- fair, and I agree we need to expand ex- people lost their jobs. Millions lost tiations.’’ ports. their retirement savings. And they The big banks on both sides of the I support for the first time in 7 years watched as the government spent hun- Atlantic are pushing for changes, too. giving the U.S. Government the ability dreds of billions of their tax dollars to A letter from some of the largest finan- to knock down barriers to our farmers, bail out the giant banks. cial industry groups in Europe and the our workers, and our service providers In response, Congress passed some United States called for an ‘‘ambitious so we can get a fair shake, but we have commonsense financial reforms—the chapter’’ on financial regulations in to be sure it is fair. And so to my col- Dodd-Frank act. These new rules the European trade deal. I don’t think leagues who have put up this sign and cracked down on the cheating and they are looking to make our regula- then have opposed the amendment I am lying in the financial marketplace. tions stronger. about to talk about, I hope they will They required the big banks to raise Michael Barr, a former senior Obama focus on the fair part as well as the ex- more capital so they wouldn’t need a official at the Treasury Department pansion of trade to make sure it does bailout if they started to stumble. and one of the architects of Dodd- indeed give our farmers and workers a They gave our regulators new tools to Frank, said that the risk to Dodd- fair shake. oversee the biggest banks to make sure Frank in a European trade deal is ‘‘real There has been a lot of debate about the rules were followed. and meaningful and worth worrying a particular amendment dealing with It is no surprise the giant banks about.’’ Barr has noted that European currency manipulation. It turns out ev- don’t like the new rules, so for 5 years officials are ‘‘barnstorming the U.S., erybody is against currency manipula- now they have been on the attack. looking for support to include financial tion. Maybe that has been an evo- They have sent their armies of lobby- services as part of the talks on the pro- lution, but everybody is now saying the ists and lawyers and their Republican posed Transatlantic Trade and Invest- same thing. The question is whether it friends in Congress to try to roll back ment Partnership,’’ while the financial should be enforceable. the rules and let the giants of Wall industry looks to use talks to ‘‘over- AMENDMENT NO. 1299 Street run free again. Democrats stood turn the pesky—and highly effective— There has been a lot of discussion on strong to fight off these attacks be- rules being implemented in the U.S. the floor here today about the amend- cause we knew that thoughtful rules under the Dodd-Frank act.’’ ment I am offering with Senator STA- can help stop the next financial crisis The Obama administration, to their BENOW, and frankly there has been and protect our working families from credit, has stood strong against such some misinformation out here that I another great recession. But now, if attempts. Treasury Secretary Jack would like to clarify. this fast-track bill passes, Democrats Lew noted in testimony before the First, I want to talk about what will be handing Republicans a powerful House Financial Services Committee these two amendments do. They are tool they can use to weaken our finan- that there is ‘‘pressure to lower stand- very similar, with one exception. The cial rules. ards’’ on things such as financial regu- amendment being offered by Senator Here is how it works: This fast-track lations in trade deals but that the ad- HATCH and Senator WYDEN does not in- bill applies to any trade deal presented ministration believes that is ‘‘not ac- clude enforcement. So they say that to Congress in the next 6 years, which ceptable.’’ Our lead negotiator, U.S. this is terrible, that we ought not to is through the end of the Obama Presi- Trade Representative Michael Froman, have currency manipulation, but the dency, through the entirety of the next has said that the United States is ‘‘not amendment does not have the courage Presidency, and into the Presidency open to creating any process designed of its convictions. It doesn’t say we after that. Fast-track prevents anyone to reopen, weaken, or undermine im- should do anything about it. in Congress from offering any amend- plementation’’ of Dodd-Frank. And Here is the language. First, both ments to a trade bill. And in the Sen- President Obama’s administration says have basically the same definition— ate, with fast-track, a trade bill can our trade deals should not include reg- targeting protracted and large-scale pass with just 51 votes, not the 60 typi- ulation of financial services. I agree. intervention in the exchange markets cally required for major bills. But this President won’t be President by a party to a trade agreement to gain

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.035 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3113 an unfair advantage. What that basi- like intellectual property protection, that but at the same time ensure that cally means is that people lower their like what the tariff level ought to be, we have a more level playing field. currency deliberately by intervening in like labor and environment standards— People have said it is a poison pill be- order to make their exports less expen- and it is up to the administration to cause some of our partners in TPP sive to the United States and make our determine exactly how to proceed with don’t want to have to live up to their exports to them more expensive. That that. That flexibility is in here. It is a obligations under the International is not fair. But basically we both iden- trade negotiating objective, and that is Monetary Fund. To my colleagues I tify the same problem and ensure that appropriate, too, in my view. I am a would just say that should concern us. we are focused on this issue of real cur- former U.S. Trade Representative. I The last thing we want to do is to com- rency manipulation. used to negotiate these agreements. plete an agreement called the Trans- Second, the amendment I am offering The trade negotiation objectives are Pacific Partnership and then find out has a specific exemption for what we something we took seriously, but we after the fact that all these tariffs we call macroeconomic policy or specifi- were given some flexibility. This reduced, all these nontariff barriers cally domestic monetary policy. In amendment provides that flexibility. that got knocked down didn’t matter other words, QE1, 2, and 3 would not be Finally, there has been a lot of dis- much because these same countries de- affected by our amendment. Yet, even cussion about poison pills. I have joked cided they were going to manipulate though the Hatch-Cornyn folks are that this is more like a vitamin pill their currency, which undoes so much saying they are concerned about that than a poison pill because this would of the benefit of a trade agreement. in our amendment, that it might affect actually help strengthen this under- Paul Volcker, former Fed Chair, has domestic policy and monetary policy, lying agreement and help us get more said it well: ‘‘In five minutes, exchange they don’t have it in their amendment. support for trade. rates can wipe out what it took trade We have it in ours. The polling data on this, by the way, negotiators ten years to accomplish.’’ So we not only define currency ma- is overwhelming. Nine out of ten Amer- So it should concern us if our trading nipulation so that it is clear that it ap- icans agree that we have to deal with partners aren’t interested. plies to the kinds of standards the currency manipulation. Why? Because By the way, two of them—Japan and International Monetary Fund cur- they think it is wrong. It is wrong. Malaysia—have engaged in currency rently requires—by the way, to all of So I have heard it is a poison pill, manipulation in the past. Are they the countries that might be signatory first because it might hurt us here in doing it now? In my view, no. In the to the so-called Trans-Pacific Partner- the Senate. Just the opposite is true. IMF view, no. But they have. Japan ship; all of them—but it also explicitly There are Senators who have told me hasn’t done it since 2012, but before says in ours that this shall not be con- they would like to support trade pro- that they did it over 300 times. strued to restrict the exercise of do- motion authority but they need some- Why the heck wouldn’t we want to mestic monetary policy. Therefore, thing on currency manipulation to help have a provision in here that says: I ours is a stronger amendment with re- them get there. know you are not doing it now, but gard to that issue. Is it a poison pill in the House? Well, now that we have come up with this I also noticed something about their the vote in the House apparently is great agreement to expand access for amendment that is interesting. They tough to come by for TPA. I hope it American farmers and American work- say theirs has to be consistent with ex- does end up being a TPA that can pass ers and American service providers to isting obligations of the United States the Senate and the House. As I said Japan, let’s be sure you don’t do it in as a member of the IMF and the WTO— earlier, I think it is the right thing for the future and undo all those gains. the World Trade Organization. Ours the workers I represent to expand to And why would they be worried about says the same thing, except consistent markets overseas. But this will help, it that? Why would they not sign up for with existing principles and agree- won’t hurt, because this will give Re- that kind of commitment? Why ments, meaning the other countries publicans from my home State of Ohio wouldn’t the United States sign up and have to live up to their agreements and around the country the ability to all these other countries? Malaysia is also. go home and look their workers in the the other country that has in the past I am not quite sure why they don’t eye and say: You know what, we fo- manipulated its currency. Why think other countries should have to cused on the fair part here. We focused wouldn’t they sign up for this? If they live up to their obligations. When you on ensuring that if you work hard and are refusing to do so, if this is consid- sign up with the IMF and the WTO, you play by the rules, you will have a ered a poison pill for that reason, we are required not to manipulate your chance to compete and a chance to win. should be worried about it. currency. Yet, people do it because Finally, they say: Well, it is a poison I thank the Presiding Officer for giv- there is no enforcement. Their amend- pill because of the White House, be- ing me the time to clarify some of the ment doesn’t deal with this issue di- cause there was a veto threat rec- statements made earlier on the floor rectly. Ours does—have it be consistent ommended by the Secretary of the today. I hope every Member of the Sen- with the obligations these countries Treasury yesterday. Well, it was a rec- ate will decide, as they talk about the have already undertaken. ommendation; it wasn’t a Statement of need for more enforcement, that this is Finally and, of course, the most im- Administration Policy. exactly what we are talking about and portant part is the enforceability. I would just reference the President’s that they will ensure this trade pro- There were 60 Senators who in 2013 own statements on this. I know how he motion authority representing the signed a letter—and the letter went to feels about it; he is against currency views of the Congress includes real en- the President—regarding trade agree- manipulation. In fact, he said that he forcement and real help for the work- ments and currency manipulation. The wanted to be sure to work with col- ers we represent. letter said: We need to have enforce- leagues, ‘‘that any trade agreement The PRESIDING OFFICER. The Sen- able currency manipulation provisions. brought before the Congress is meas- ator from Kentucky. Sixty Senators. A number of those Sen- ured not against administration com- PATRIOT ACT ators are still here in the Senate, of mitments but instead against the Mr. PAUL. Mr. President, there course. I think they were genuine in rights of Americans to protection from comes a time in the history of nations signing that letter. I was one of them, unfair trade practices, including cur- when fear and complacency allow and I certainly was. I am also a signa- rency manipulation.’’ He said he power to accumulate and liberty and tory to other legislation and have been couldn’t vote for a trade agreement privacy to suffer. That time is now. working on this issue for a long time. without enforceable practices on cur- And I will not let the PATRIOT Act— Ten years ago, I testified in this Con- rency manipulation—enforceable so the most unpatriotic of acts—go un- gress about this very issue. But I hope that the rights of Americans could be challenged. those 60 Senators understand that they protected. So I know where the Presi- At the very least, we should debate. said they wanted it to be enforceable. dent stood on it, and I hope he will re- We should debate whether we are going Ours is enforceable. It says it is to be member that this is about expanding to relinquish our rights or whether we enforceable just like anything else— trade. And that is good. We need to do are going to have a full and able debate

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But the court said is illegal. we had the disaster at the Boston Mar- that even that looser standard of rel- The President began this program by athon. evance completely destroys any mean- Executive order. He should imme- I would make the argument that we ing of any words if we are going to say diately end it through Executive order. spend so much time making the hay- every American’s phone record in the For over a year now, he has said the stack bigger and bigger that we can’t whole country is somehow relevant to program is illegal. Yet, he does noth- find the needle because the haystack is an investigation. ing. He says: Well, Congress can get rid too darned big. We keep making it big- But it gets worse. They don’t even of the PATRIOT Act; Congress can get ger and bigger, and we are taking re- have to prove it. The government says of the bulk collection. Yet, he has the sources away from the human analysts to the court that they think it is rel- power to do it at his fingertips. He who should be looking and seeing when evant, but there is no challenge and began this illegal program. The court Tsarnaev travels outside of our coun- there is no debate. It is just taken at has informed him that the program is try. face value—or at least it was until this illegal. He has every power to stop it. We recently had another terrorist court ruling was appealed. So we now Yet, the President does nothing. travel from Phoenix to Texas. We had have the second appeals court that said Justice Brandeis wrote that the right arrested him previously. My guess is this bulk collection of phone records is to be left alone is the most cherished of there was sufficient cause—probable illegal. rights, most prized among civilized cause—for a real warrant to look at his There are many different programs men. The Fourth Amendment incor- activities, and we should. But I don’t going on. This is the only one we know porates this right to privacy. The think we are made any safer by looking about where our government is col- Fourth Amendment incorporates this at every American’s records. lecting our records, and the only rea- right to be left alone. In fact, when this came up, the gov- son we know about it is not because When we think about the bulk collec- ernment said: Well, we have captured the government was honest with you— tion of records, we might ask, well, 52 terrorists because of this. But then the government was dishonest. The Di- maybe I am willing to give up my free- when the President’s own privacy com- rector of National Intelligence tried to dom for security. Maybe if I just give mission looked at all 52 of them, there basically lie to the American people up a little freedom, I will be more safe. was a debate about whether one had Most of the information that comes and say it didn’t exist. So we know been aided but not found by these on whether you are safe comes from about this one, but what other pro- records and would have been found by people who have secret information grams are out there? other records. you are not allowed to look at. So you There is something called Executive We have to decide as a country have to trust the people—you have to Order 12333. There are some who be- whether we value our Bill of Rights, trust those in our intelligence commu- lieve this is just the tip of the iceberg, whether we value our privacy, or nity that they are being honest with the bulk collection; that there is an whether we are willing to give that up you, that when they tell you how im- enormous amount of data being col- to feel safer, because I am not even portant these programs are and that lected on people through this other sure you really can argue that we are you must give up your freedom, you program. safer, but people will argue that they must give up part of the Fourth One question is, if there is no Fourth Amendment—when they tell you this, feel safer. But think about it. Is the Amendment protection to your you have to trust them. standard to be that if you have nothing records, are they collecting your credit The problem is, we are having a great to hide, you have nothing to fear but card bills? I don’t know the truth of deal of difficulty trusting these people. that everything should be exposed to that. I would sure like to know. I don’t When James Clapper, the head of the the government, that all of your know whether to trust their answer if I intelligence agency, the Director of records can be collected? asked them, if they will be honest with National Intelligence, was asked point Some will say these are just boring us and say are they collecting our cred- blank, are you collecting the phone old business records. Why would you it card records. records of Americans in bulk, he said care if they could find out who you People might say: Well, your credit no. It turns out that was dishonest. called and how long you spoke on the card records are just boring old busi- Yet, President Obama still has him in phone? Well, two Stanford students did ness records. Why would you care? place. a study on this. They got an app and But think about it. If the govern- So when they say how important they put the app on the phone—volun- ment has your Visa bill, they can tell these programs are and how they are tarily—of 500 people. These people then whether you drink, whether you keeping us safe from terrorists, we are made phone calls. All they looked at smoke, what restaurants you go to, having to trust someone who lied to a was how long they spoke—metadata— what your reading material is, what congressional committee. It is a felony and whom they spoke to, the phone magazines or books you read, what to lie to a congressional committee, number to which they were connected. doctors you see, what medicines you and nothing has been done about this. What they found was that without any buy? Do you buy medicine? Do you About a year ago, we began having other information, 85 percent of the gamble? All of these things can be de- this debate because a whistleblower time they could tell what their religion termined. came forward and said: Here is a war- was; more than 70 percent of the time Not only can they determine stuff di- rant for all of the phone records from they could tell who their doctor was; rectly from your phone bill and di- Verizon. they could tell what medications they rectly from your Visa bill, they now You say: Well, maybe they have evi- took; they could tell what diseases have the ability to merge all of this in- dence that people at Verizon were they had. The government shouldn’t formation. Apparently, they have the doing something wrong. have the ability to get that informa- ability to collect your contact lists, There is no evidence. This is that tion unless they have suspicion, unless and sometimes they are collecting this they want everyone’s phone records. they have probable cause that you in a way that is somewhat nefarious. I don’t have a problem with going committed a crime. We are supposed to be spying on for- after terrorists and getting their When they looked at this, the appeals eigners—foreigners who might attack records, but you should call a judge court was flabbergasted that the gov- us. I am all for that. But what happens and you should say the name of the ernment would make the argument is there is a lot of data that goes in and terrorist, and then you get their that this was somehow relevant to an out of the country. In fact, sometimes records as much as you want. investigation—because that is what the an e-mail from New Jersey to Colorado

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.038 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3115 might go through a server in Brazil. believe, James Otis was arguing before equivalent to prostitution. That did Once it gets to a server in Brazil, they the courts. He was arguing against not make the King very happy, so the can not only look at your metadata— something called the writs of assist- King wrote out a warrant for the arrest how long and whom you talked to—the ance. A writ of assistance was a type of of anybody who had to do with the content is now available. It all gets warrant, but it was a generalized war- writing of this North Briton No. 45. But scooped up. It is all being analyzed. rant. No one’s name was on it; It just the warrant did not have anybody’s They are doing the social network of said: You are welcome to search any- name on it. It was a generalized war- who your friends are. Some have said body’s house to make sure they are rant. this could potentially have a chilling paying the stamp tax. He said: Arrest anybody. effect on the First Amendment. Do you wonder why the Colonists So they broke down John Wilkes’ There was a time in our country not hated the stamp tax? It was not just door. They rifled through and ruined too long ago, in the lifetime of most of the tax; it was the fact that the gov- the contents of his house, arrested him, us, when if you called the NAACP, you ernment could break the door down, put him in irons, and took him to the might not want your neighbors to come in, and rifle through their papers. Tower of London. They did the same to know or if you were a member of the Writs of assistance were something 49 other people. But John Wilkes was NAACP, you might not want your called a general warrant. not about to take this lying down, so neighbors to know or if you were call- This same battle had gone on in com- John Wilkes actually then decided that ing the ACLU or a member of the mon law in England and developed as he would sue the King. ACLU, you might not want your neigh- one of our precious rights that we actu- I tried doing the same thing. I tried bors to know. It can have a chilling ef- ally kept from the English tradition. suing the President, and it has not fects on your expression of your John Adams wrote about James Otis gone so well. But the thing is that ev- speech, whom you associate with, and fighting against these general war- erybody ought to think they have the whether you are fearful to have asso- rants, and he said it was the spark that ability and the equality to sue even ciation with people because you are led to the American Revolution. That their leaders. fearful that knowledge might be known is how important this is. So he sued the King, and something by the government. The Fourth Amendment was a big remarkable happened. This was in the People say: Well, certainly that deal to our Founders. The right to pri- early the 1760s. When he sued the King, would never happen. vacy, as Justice Brandeis said, the he actually won. I think the award was During the civil rights era, many of most cherished of rights, is a big deal. like 1,000 pounds, which would be a sig- the civil rights leaders were spied upon We should not be so fearful that we are nificant sum of money for us in today’s illegally by the government through il- willing to relinquish our rights without terms. It was a big victory. It was part legal wiretaps. a spirited debate. of the discussion going on simulta- Many Vietnam war protesters were The debate over the PATRIOT Act, neously over here with James Otis. It also spied upon illegally by the govern- which enshrines all of this and got this was a big deal. ment. The reason we have the Fourth started, goes on about every 3 years or So often my party does such a great Amendment is to have checks and bal- so. It has a sunset provision. It is set to job talking about the Second Amend- ances. Everything that is great about expire in the next few days. But we are ment and the right to bear arms. I am our country is checks and balances. Let’s say we have a rapist or a mur- mired in a debate over trade. There is all for that. But the thing is, I do not derer in Washington, DC, today. Let’s another debate over the highway bill. think you can adequately protect the say it is 3:00 in the morning and the po- And the word is that we will not get Second Amendment unless you protect lice come to the house. They think the any time to actually debate whether the Fourth Amendment, the right to rapist or murderer is inside. They do we are going to abridge the Fourth privacy. Your house is your castle. The not just break the door down. If there Amendment, whether we are going to right to not have your castle invaded is is no commotion, no noise, no immi- accept something that one of the high- so important. nent danger, they stand outside and get est courts in our land has said is ille- I will give an example. A lot of peo- on their cell phone and call a judge. Al- gal. Are we going to accept that with- ple think we will be safer if we collect most always the judge grants a war- out any debate? gun records. A few years ago, they col- rant. Then the police go in. I, for one, say there needs to be a lected all the gun records and they had But why do you want that to happen? thorough debate, a thorough and com- them in Westchester County, near New Sometimes people come up to me and plete debate about whether we should York City. A newspaper decided they they say ‘‘I am a policeman’’ or ‘‘I allow our government to collect all of would publish them. They really did work for the FBI.’’ Many of my friends our phone records all of the time. not think this through. But you can are policemen and work for the FBI, In England, about the time of James see the danger of what happens when and they say ‘‘Don’t you trust us?’’ It Otis, there was another man by the the government has records and then is not about the individual. Laws are name of John Wilkes. I learned about releases them to everybody. not about whether we trust one person this story in reading my colleague Sen- Imagine a woman who has been or your brother is a policeman and ator LEE’s book recently. John Wilkes abused or beaten by her husband and your brother would never do anything was a rabble-rouser. He was a dis- has left him. She lives in fear of him wrong. It is not about your brother. It senter. Some called him a libertine. I finding her. Now the registration is not about your friend. It is about the do not know about his morals, but I comes out and says where she lives and potential for there to be a rotten apple, know he was not afraid of the King. that she has a gun or, worse yet, where someone who would take that power The King was becoming more and she lives and that she does not have a and abuse that power. We have laws more powerful at that time. That is gun. not for most of us. It is for the excep- one of the complaints we had as well. Think about prosecutors and our tion. It is for something out of the or- So John Wilkes began his own news- judges. I know many of them who put dinary. But it is also to prevent sys- paper. It was called the North Briton, bad people away, and many of them temic bias from entering into the situ- and he labeled it with numbers. The have concealed carry. Many of them ation. For example, there was a time in one at the time became the North Brit- travel to work. The security meets the South when it might have been on No. 45. It became so famous them in the parking lot. They go to that a White person from the govern- throughout England that it was also work, but they worry. We have had ment might have decided they were part of our idiom, part of our language sherifs and we have had prosecutors going into the home of a Black person in the United States. Everybody knew killed in Kentucky because the crimi- just because of racial bias. You get rid what 45 was if you mentioned it. But he nals were angry that they were locked of bias by having checks and balances, wrote something about the King. He up. by always saying you have to ask basically wrote what would be an op-ed We do not want all of our records by somebody else for permission. in our day. He made the mistake of the government to be put out there in When we were leading up to the war sort of saying that the King’s behavior public for everybody to know where we for our independence in about 1761, I or the Prime Minister’s behavior was live and whether we have a gun.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.039 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3116 CONGRESSIONAL RECORD — SENATE May 20, 2015 You can see the issue of privacy is ten anyone independently; we have not As the debate unfolded the first time not a small issue. It is a big issue. It found any terrorist independently of for the PATRIOT Act, something oc- was incredibly important to our this. But still some people are so fear- curred that happens frequently around Founding Fathers. ful, they are like: How can we get ter- here. There is not enough time. Hurry Some have said it is too late to even rorists? We will be overrun with terror- up, hurry up, there is not enough time. get this back. There have been articles ists, and ISIS will be in every drug- It is kind of like the debate right now. written in the last few weeks that say store and in every house in America if Unless we insert ourselves at this that whether or not the PATRIOT Act we do not get rid of the Constitution, if moment, I am not sure we will have expires, the government will just keep we do not let the Fourth Amendment any debate on the PATRIOT Act. It has on doing what they are doing. In fact, lapse, and if we do not just let every- been set to expire for 3 years. We have there is a provision in the PATRIOT body pass out warrants. known it was coming, and the question Act that says any investigation al- That is what we do under the PA- is, Do we not have enough time because ready begun before the deadline can go TRIOT Act. The PATRIOT Act allows we just don’t care enough? Are we on in perpetuity. the police to write their own warrants. going to relinquish our rights or con- The other thing is that there are peo- This is one of the fundamental separa- strict our rights to the Bill of Rights, ple now writing—John Napier Tye, who tions we did with the Fourth Amend- even though we know it is coming up was the Internet watchdog for this pro- ment. This was probably the most im- and that we have to do something else gram, wrote that he believes that Exec- portant thing we did, to separate police that occupies all of our time? utive Order 12333 is really allowing all power from the judiciary, to have a Senator WYDEN and I have a series of this bulk collection under what the check and a balance so you would amendments. Our amendments would President says are article II authori- never get systemic bias, so you would try to reform some of this. Our amend- ties. never get political or religious or ra- ments would say that NSLs, national Article II gives the President and the cial bias in your judicial system. We security letters, cannot just be signed executive branch different powers, but separated these powers. by the police, that they would have to these are not unlimited powers. Some We now let the police write their own go to a judge. think they are. Some say the President warrants. It is a special form of police. People argue: Well, how would we has the absolute power when it comes It is the FBI, but they are domestic po- catch terrorists? The same way we to war. Article II actually comes after lice. The FBI is allowed to write their catch other people who are dangerous, article I. In article I, section 8, the own warrants. These are called na- such as murderers and rapists, anybody President was told he does not get to tional security letters. They do not in our society. In fact, when you look initiate war. The most basic of powers have to be signed by a judge. There is at the criminal process for criminal with regard to war were not actually no probable cause. If they come into warrants, warrants are almost never given to the President; they were given your house, there is no ability for you turned down. But just that simple to Congress. to complain. In fact, sometimes they check and balance of having the police What is sad about this, what is going are now coming into our houses with- call a judge is one of the fundamental on now is that Congress has not shown out us knowing about it. This is called aspects of our jurisprudence, and we sufficient interest in what the execu- a sneak-and-peek warrant. Like every- gave it up so quickly on the heels of 9/ tive branch does on a host of things, thing else, the government says we will 11 because of the fear. whether it be regulation, whether it be be overrun with terrorists if we do not The thing is, when the PATRIOT Act the enormous bureaucracy, but really let the government quietly sneak into came forward, most people didn’t even so much power has shifted and gone our house when we are gone and put in read it. There was a committee bill and from Congress and wound up in the ex- listening devices, search through our this and that and there was a last- ecutive. papers and read all of our stuff while minute substitution. It was given It is the same way with intelligence. we are gone. hours, and it was simply passed in a We have intelligence committees, but They do not have to have probable spate of fear. the question is, Are they asking suffi- cause necessarily for these. It is a As we look at what happened at that cient questions? There are some. Sen- lower standard. But we are letting the time, I think we now have the ability ator WYDEN has been a leader in this. FBI write this without a judge review- to look backward and say: Is there an- He and I have worked together. He ing it. other way? When we start with the doc- really has been the leader because he I have a friend who is an FBI agent. trine that a man’s house or a woman’s has been on the Intelligence Com- I play golf with him. He is like: Don’t house is their castle, it was a very old mittee. He has more information, real- you trust me? I do trust him. I do not notion, maybe even dating back to the ly, than the rest of us do, but he at trust everybody. times of Magna Carta. Our castle and times has been hamstrung because Madison said that if government was our papers are a little bit different once you know information, if it is told comprised of angels, we would not need now, and the Supreme Court has not to you in a classified setting, you are restrictions, we would not need laws. quite caught up to where we are tech- not allowed to talk about it. Some- Patrick Henry said that the Constitu- nologically. They are getting there, times it actually makes sense, if you tion is about restraining the power of but this really needs to be debated and want to speak out, not to actually government. It is not about the vast discussed at the Supreme Court level learn through the official channels but majority of good people who work in because the thing is we don’t keep our to read on the Internet because if you government. It is about preventing the papers in our house anymore. In fact, learn about it through official chan- bad apple. It is about preventing the we have gone to such a paperless soci- nels, you cannot say anything about it one bad person who might get into gov- ety that 90 percent of your paper—or if even if the government is lying about ernment and decide to abuse the rights you are under 30 years old, 100 percent it. of individuals. of your paper—is held somewhere else. We are talking about an enormous Some say: Well, the NSA has never The question we have to ask is: Do amount of information. We are talking abused anyone’s rights. That may or you retain a privacy interest in your about all of your phone records all of may not be true. They are giving us records? When the phone company the time. the information. We do not get to inde- holds your records, do they have an ob- Recently, there were some com- pendently look at the information. ligation to keep them private? Do you plaints by people in the newspaper. They are telling us. It is the same retain a privacy interest? If the gov- They said: Well, the government is group who says they were not doing ernment wants the records from the really only getting one-third of your any bulk collection of data at all. But phone company, should they be allowed records; they are not getting enough of even if we presume they are telling us to write the name Verizon and get all your records. Some want them to get the truth, it is not really the end of the of the records from Verizon? I, frankly, more of your records. story because the story should be that think that if John Smith has his phone The objective evidence shows, we do not want to allow the abuse of service with Verizon and he is a ter- though, that we really have never got- power to happen. rorist, the warrant should say John

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.041 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3117 Smith and go to Verizon, but it is an should have a warrant that says house which you bought through your individualized warrant. I don’t think Verizon and gets all the records for all office business expense, and you are we should have generalized warrants. of their customers. painting your house, which is a tax vio- There are some who want to replace The other thing that has been going lation. It is a domestic crime, but they the bulk collection of records with a on that they have not been completely got into your house through false pre- different system where the government honest with, and we may have some tenses. They said you were a terrorist, doesn’t hold the records, but the phone data on, is that the government is but they were wrong. However, they companies hold the records. I am also going inside of the software. They are found out you were not being perfectly concerned about this for one big rea- asking companies such as Facebook or honest with your taxes. They have got- son: The recent court case has now said demanding that companies such as ten in through a lower standard. the PATRIOT Act does not justify the Facebook give them access through Ultimately, if we let them collect all collection of records, that it is actually their source code so the government of your records and we let a domestic illegal. I am concerned that since the can get in. Now, to Facebook’s credit, crime be prosecuted by this, we could court is now saying section 215 doesn’t they are fighting them, and I think have the government sifting through allow a bulk collection, that in trying more companies are now standing up your credit card records because they to reform this, what is called the USA and trying to fight against this. But in say the Fourth Amendment doesn’t FREEDOM Act, we will actually be a nefarious way, the government is protect records, including your phone granting new power to section 215 that going into the code of Facebook and records—not the content, just all of the court says is not there. The court then inserting malware into other peo- this data. After they put it together is saying that it stands logic on its ple’s Facebook and spreading it and mesh it, they decide, by looking at head to say relevance means nothing, throughout the Internet. your digital footprint, that maybe you that everybody’s records in the whole The government is also looking at are somebody who runs traffic lights. country could be relevant. communications between two nodes. Now we are taking something that We have even changed, over time, the Let’s say you communicate with was intended to capture foreigners and investigations and whether there is a Google and it is encrypted, but then we will capture people domestically full-blown investigation at the begin- when Google has a data center that and prosecute them for domestic ning of an investigation. Who gets to talks to another data center which is crimes, the specific thing they prom- decide or define what an investigation nonencrypted, the government just ised us they would never do. So things is? The bottom line is that we look at hooks up to a cable and siphons off morph and get bigger and bigger. this, and as we move forward, we have records. There is a danger that you will We could have a valid debate about to decide whether our fear is going to have no privacy left at the end of this. whether we have gone too far, but we get the better of us. The Fourth Amendment is very spe- should at least have a debate. Once upon a time, we had a standard cific. The Fourth Amendment says you Shouldn’t we get together and say: in our country that was innocent until have to individualize a warrant and put Let’s have a debate. Let’s devote all proven guilty. We have given up on so a name on the warrant. You have to week to this. much. Now people are talking about a say specifically what records you want, For a while, I have asked to have a standard that is: If you have nothing to you have to say where they are lo- full day and have five or six amend- hide, you have nothing to fear. Think cated, and then you have to ask a judge ments that Senator WYDEN and I could about it. Is that the standard we are for permission. put forward and have a full-fledged de- willing to live under? Think about The sneak-and-peek warrant I was bate over whether the bulk collection whether you believe you still have a talking about before is section 213. It is of our records is something we should privacy interest in the records that are now permanent law. We don’t even get continue to do. held by the credit card companies, your a chance to talk about it. We could re- I think if you look at this and say: bank or the phone company. peal it, and I will have an amendment Where are the American people on this, In the PATRIOT Act, they did some- to repeal it. This is where the govern- well, there has been poll after poll. thing to make it easier to collect ment goes in secretly and says: Well, Well over half the people—maybe well records and to override your privacy we need this lower standard because over 60 percent of the people—think agreement. If you read the nitty-gritty terrorists will get us if we don’t. Well, the government has gone too far. But if of any of these agreements that you we have now had it on the books for a you want an example of why the Sen- have when you use a search engine or decade and do you know who they are ate or Congress doesn’t represent the when you are on the Internet, you do getting? Drug people—people who are people very well or why we are maybe voluntarily say that your information buying, selling or using drugs. That is a decade behind, I would bet that 20 will be shared in an anonymous way, a domestic problem, which also leads percent of the people here would vote but they promise they will not give me to something else about the PA- to just stop this—to truly just stop it— your name to somebody. TRIOT Act that really bothers me. at the most; whereas, 60 to 70 percent The phone company has the same When we first started talking about of the public would stop these things. sort of privacy agreement, but what the standards of the PATRIOT Act and You are not well represented. What has happened through the PATRIOT going from probable cause, which is has happened is that I think the Con- Act is that we have given them liabil- what the Constitution has, to gress is maybe a decade behind the peo- ity protection. At first blush, you articulable suspicion, down to rel- ple. I think this is an argument for why might say we have too many damn law- evance, we said: Well, we are going to we should limit terms. I think it is an suits. I am kind of that way. I am a lower standards because we are going argument for why we should have more physician. We have way too many law- after foreigners. They are not Ameri- turnover in office because we get up suits. I am for cutting back on law- cans and they are not here. We are here and stay too long and get sepa- suits. But at the same time, if you give going to lower the standard, and really rated from the people. The people don’t the phone, Internet or credit card com- there could be some debate in favor of want the bulk collection of their pany immunity to ignore your privacy that. records, and if we were listening, we agreement, they will. When we first did it, we said we could would hear that. Instead of the government storing not use that information for a domes- The vote in the House, while I don’t billions and billions of records in Utah, tic crime. I will give an example. I think the bill is perfect, and I think it the new system is still going to store asked one of the intelligence folks at may well continue bulk collection, was billions and billions of records in the one time to answer a question and was over 300 votes to end this program and phone company, but still the question dissatisfied with the response. Let’s to say we are no longer going to have is: Will we access them in a general say the government comes in through a bulk collection. Yet it looks like the way? It says we are going to look at a sneak-and-peek warrant. They don’t majority in this body says we still need specific person, but if you look at the tell you that they are in your house. bulk collection. In fact, the biggest way ‘‘person’’ is defined, a person could Guess what. They find out you are not complaint from the majority of this be a corporation. I don’t think you a terrorist, but you have paint in your body is that we are not collecting

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The problem is not so I had breakfast with a high-ranking that we are still going to have bulk much going after foreign communica- official from our intelligence commu- collection. tions but going after incidental and nity maybe 6 months ago, and I asked The debate we really need to have is collecting incidental communications him: How much information do you get whether, if someone else is holding that involve American citizens. from metadata and how much do you your records, if you still have any kind John Napier Tye was a section chief end up getting from a warrant? He of privacy interest in your records. I for Internet freedom in the State De- said, without question, you get more personally think your phone records partment’s Bureau of Democracy. He from a warrant. People talk about are still partially yours, in a way, or was going to give a speech—and I think whether we can go one hop or two hops. that you have a privacy interest in this is very telling. This is reported in That means if you are suspected of ter- them. This is going to become very im- the Washington Post. He had written rorism and you called 100 people—if we portant because your records ulti- out his speech and he sent it for re- look at your records, that is one hop. If mately—there probably will not even view. In his speech, he said: If U.S. citi- we look at the next 100 records, that is be any records in your house, they will zens disagree with congressional and a second hop. As you go in, this pyr- be on your phone, and then your phone executive determinations about the amid gets bigger and bigger until you records are connected to the company. proper scope of intelligence activities, are talking about tens of thousands of Who owns them? Do you have a right they have the opportunity to change people. to privacy in those records? I think policy through democratic process. As you get further and further away you can have security and freedom at And we think, Who could object to from the suspect, I see no reason you the same time, but I think if we are that? What would his censors say? How couldn’t keep getting warrants. If they not careful, this is going to get away could he possibly say we don’t have the say that warrants are slow and labo- from us. right through democratic process to rious and there is not a judge, put more When they found out that 9 out of 10 change policies? They had him strike judges on the court. If they say they intercepts were actually not the in- ‘‘through intelligence processes’’ be- need them at 3 in the morning, put the tended target, just ancillary informa- cause I guess they apparently think we judges on 24-hour alert and you can tion they picked up, they also found don’t have the democratic ability to call them at 3 in the morning. We call that 50 percent contained email ad- change these things. The sad truth is it judges for a warrant in the middle of dresses that were U.S. citizens. So let’s may be true because a lot of this is say you collect a million pieces of in- the night all across America. I see no being done by Executive order. formation and you are just gathering Executive Order No. 12333 has no con- reason why you can’t have security and this up and you are intending to go gressional oversight. In fact, the ques- the Constitution at the same time. The President instituted the Privacy after foreign targets who might be ter- tion was asked recently of one of the and Civil Rights Board. They went rorists, but over half of this informa- Senate leaders, Will you investigate through a lot of this, and some of the tion, much of it incidentally gained, is this? Now, there may well be a secret actually U.S. citizens. So this is sort of investigation going on, but there was things they came up with, I think, an end run—they call it backdoor some indication it was really outside of were truly astounding. The amount of searches—but it is sort of an end run our purview. information, I think, is mindboggling— that has gone around the Constitution, I don’t think anything the executive of what is being sucked up in this. gone around the Fourth Amendment, branch does should be outside of our There is something called section 702 of to collect information that we have ac- purview. The whole idea of having co- FISA, and this has allowed them to tually said should be illegal to be col- equal branches was to have checks and collect information on Americans who lected that way, but we are doing it be- balances. One of the biggest problems I might have been communicating with a cause we have done an end run around. find in Washington is that sometimes foreigner. You say: Well, that Amer- Also realize you can send an email the opposition party—if we have a ican is probably suspicious. Well, it from Virginia to South Carolina and it Democratic President and a Republican goes out in ripples and it becomes this might go over a server in Brazil. If Congress, you will get a little bit of ad- enormous amount of—cache of infor- your email goes over a foreign server, versity and a little bit of pitting ambi- mation. all of a sudden, boom, everything is tion against ambition and check and When they looked at some of this re- done. The Constitution is out the door. balance. But the party that is the same cently—the Washington Post looked at They can collect that, even the con- party as the President just doesn’t this—they found that 9 of 10 inter- tent. It is never revealed to you; noth- tend to push back, probably for par- cepted conversations were not the in- ing is ever presented to you. It is all tisan reasons. Now, it is not just the tended target. So I think there was one done within the executive branch, with other party; it happens when Repub- estimate that in the last year we had no advocate on your side. licans are in power also. What happens 89,000 targets. If you multiply that and There are several programs that is the political party that is the same say it is only one-tenth of what we ac- came out through this that are being power as the President tends to sort of tually take, you are now looking at collected. It is not just the bulk collec- be open to letting things move on, just 900,000 records of people who had noth- tion. There is a program called PRISM letting the President accumulate more ing to do with terrorism. They didn’t that has been out there for a while and power. But I think this should be tell- even really talk to the person. They in- there is another one called Upstream. ing that when he said we could change cidentally talked to a person who In PRISM, it is a surveillance program things through democratic action, talked to the person. It could be the that collects Internet communications President Obama’s White House Coun- terrorist called Papa John’s and you of foreign nationals from at least nine sel told him that, no, that wasn’t true. called Papa John’s, so now you are in major Internet companies. He was instructed to amend the line the same phone tree network. That can I think this wouldn’t have happened and make a general reference to our ripple out in waves. That information if the Internet companies were not laws and policies but to leave out intel- should not be collected, it should not given liability protection. I think what ligence policies as if we don’t really get be put in a database, and it should not would have happened is they would a say in what they do as far as what in- be stored. Ultimately, we are col- have said we are violating our obliga- formation they collect on us. lecting so much information that it is tion to our customers and we are going John Napier Tye goes on to warn us. all of your information. to fight against this. But the PATRIOT He says: Unlike section 215, Executive One thing that should concern us Act even made it worse. The PATRIOT Order No. 12333 authorizes collection of about simply going from a system Act made it a crime to reveal that you the content of communications, not where the government collects all of had been served with a warrant. So we just metadata, even for U.S. citizens. these records and stores them in Utah have gone way beyond any typical con- So quite often we are told—we were to one where the phone company does stitutional mechanisms. told for years—don’t worry, they are

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.043 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3119 not collecting your data; they are just There are rumors we are doing this. about. Yet it goes on with no debate. collecting the data of foreigners. It There are rumors that intelligence The Executive order from 1981 has been turns out that wasn’t true. warrants, which are nonconstitutional, transformed into a monster with tenta- Now, the big thing they tell us is, which are a lower standard, are being cles that reach into every home in our Well, we are not collecting the content, used to get regular criminals. What country. The collection of records that we are just collecting the numbers. But they do is collect information through is going on is beyond your imagination, when we read John Napier Tye, he says data, metadata analysis, all of this, and we need to know about it. There the Executive order authorizes collec- they get enough to be convinced that needs to be a public debate. It has be- tion of the content of the communica- you are a drug dealer, and then they come even more pressing that we have tions also, not just metadata, and also arrest you by getting a traditional this public debate because the problem for U.S. persons. warrant, but they are using informa- is that we have the President and we So the question is, If we get rid of tion they got illegally to get to you. have the Congress and we have the in- bulk collection, will the Executive con- Section 213, this whole sneak-and- telligence community not being honest tinue to do it anyway? peak, where they go in without an- with us. So the fact that the Director The other question is, Why doesn’t nouncing that they have been in your the Executive stop this? It was started of National Intelligence would come to house, 99.5 percent of the people ar- Congress and lie and say they are not by Executive action and can be ended rested are actually people who com- by Executive action at any time. collecting this information, and then mitted a domestic crime. They are not when they do admit to it say: Oh, by Where is the Executive? How come the terrorists. So we are told you have to press gives him a free pass just to say the way, it is working really well. We have a PATRIOT Act to get terrorists. are capturing all kinds of terrorists— Congress needs to fix this? Sure, I Yet what we really find is that they are but they hold all the information, and messed it up, I broke it; I am doing using it in a way that is not honest. we rely on them to be honest and to something that the second appeals They are using a lower standard—a present truthful information to us. court said is illegal, and I am going to standard less than the Constitution— This is a big problem. keep on doing it until Congress does and they are using that standard then something. Why don’t we see any ques- to arrest people for basic domestic Currently, the courts haven’t tions from the press? Why don’t we see crime. brought their rulings up to date. The anybody from the media saying, Mr. The President’s Review Commission debate has been going on for a long President, it is illegal. You started it. in recommendation No. 12 rec- time. In 1928 there was the Olmstead You were performing a program that is ommended that this incidentally col- case. The Olmstead case went against collecting all of the phone records from lected data not be used criminally those of us who believe in privacy. I be- all Americans. It has been declared il- against anybody. They gave their rec- lieve that case still lingers on, even legal from the second highest court in ommendations to the White House. The though it has been reversed. the land. Why don’t you stop? I have White House stated that the adoption In the Olmstead case, Ray Olmstead not ever heard the question asked of of these recommendations they re- him. was a bootlegger, and the government With the Executive order, apparently quested would require significant decided to eavesdrop on his conversa- because this, they say, is article II, and changes and indicated it had no plans tions, but they didn’t have a warrant. then article II to them means they can to make any changes. So the Presi- They could have gotten a warrant. Who do whatever they want without any dent’s own review commission says knows why they didn’t get the warrant, oversight by Congress, the conclusion there is great danger in using a lower, but they didn’t get a warrant. But the by John Napier Tye is that there is less-than-constitutional standard to Court ended up ruling that phone con- nothing to prevent the NSA from col- collect great amounts of information versations were not protected by the lecting and storing all communica- that can be searched. There is great Fourth Amendment. This was a sad day tions. This concerns me. danger to privacy. There is also great in our history when this happened in The President instituted or brought danger to using information collected 1928. together a group called the Review outside of the Constitution. There is Group on Intelligence and Communica- great danger in then using that for do- The dissent in that case was Justice tion Technologies. In it, they came for- mestic prosecution, and the President Brandeis. As so often occurs in our his- ward with some recommendations. said he has no intention of any tory, sometimes the dissent becomes Recommendation No. 12 was that all of changes. the majority opinion and becomes pro- this data—all of this incidental data When I think of this President, it is found because it was there at the time. that is becoming part of these data- probably what disappoints me most. Harlan’s opinion, the dissent in bases that is collected under these au- There were fleeting times when this Plessy v. Ferguson, is what everybody thorities—the Executive order—should President was in the U.S. Senate that refers to. Nobody refers to the majority be immediately purged unless there is he stood up for the Constitution. In in saying that separate is equal. They a foreign intelligence component to it. fact, there is a quote from the Presi- were wrong—the same as in the The Review Group further rec- dent when he was running for office— Olmstead case. People remember Jus- ommended that a U.S. person’s inciden- there are many quotes—but there was tice Brandeis. It is probably one of the tally collected data should never be one quote saying that the warrants most famous quotes in jurisprudence: used in a criminal proceeding against that are issued by police—national se- ‘‘The right to be let alone is the most that person. curity letters—should be signed by a cherished of rights.’’ It is ‘‘the [right] So now we are back to what I was judge. The very amendment that I will most valued among civilized men.’’ talking about earlier. If you are going try to get a vote on he seemed to have We have this debate still sometimes, to go away from the Constitution, if supported, but now his administration though, because some conservatives you are going to say to catch bad guys is issuing hundreds of thousands—it say: There is no right to privacy. I we can’t really have the Constitution, starts out with a few, then 47, then a don’t see it in the Constitution. And we are going to have to have a bar that couple hundred, and now it is in the conservatives who argue that there is is a lot easier to cross that allows us to thousands. Any time you give power to no right to privacy aren’t remembering do kind of what we want, wouldn’t you government, they love it and they will the 9th and 10th Amendments very want to exclude American citizens accumulate more. Any time you give well, particularly the 9th Amendment. from being convicted or put in jail for power to government and expect them a crime under a lower standard? It is to live within the confines of the The Ninth Amendment says that all kind of like this: The question is, If the power, they will not live within the the rights aren’t listed, but those that government can come in without a confines of power unless you watch aren’t listed are not to be disparaged. valid search warrant, without announc- them like a hawk. You have to watch Even our Founding Fathers worried ing they are in your house, collect all them. You have to have oversight. about this. Our Founding Fathers came of your data, would you want them to We are at a point now where we have forward and they at first thought we have hours and hours in your house enormous bulk collection, enormous would just do the Constitution without without any probable cause and then collection of American citizens’ data; the Bill of Rights. Some of them wor- start arresting you for this? one program we know almost nothing ried. They said: If we do the Bill of

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.044 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3120 CONGRESSIONAL RECORD — SENATE May 20, 2015 Rights, people will think that is all we isn’t so much for the high school quar- out of 10 pieces of data pulled in aren’t have. If we list ten different amend- terback. Many people in life always about terrorists; they are just inci- ments, they will think that is all of our seem to be treated fairly. The Bill of dental stuff. rights. So they finally convinced every- Rights is for those who are less fortu- What the President’s review commis- body to go along with it by saying: We nate, for those who might be a minor- sion says is we should delete that once will put in the 9th and 10th amend- ity of thought, deed or race. We have to we find it is not relevant to an inves- ment, with the 10th Amendment lim- be concerned about the individualiza- tigation. The amazing thing to me is iting the powers, saying only the pow- tion of our policies or we run the risk that even people who support the PA- ers enumerated are given to the Fed- and the danger of people being treated TRIOT Act—and I don’t; I think the eral Government and everything else is in categories. PATRIOT Act lowers the constitu- left to the States and the people, re- Right now we are treating every tional standards and risks all freedom spectively. But the Ninth Amendment, American in one category. There is a and our liberty. But even for those who which is in many ways sort of the step- general veil of suspicion that is placed think the PATRIOT Act is fine, they child of our amendments, hasn’t been on every American now. Every Amer- said that the PATRIOT Act never was adequately, I think, adhered to or rec- ican is somehow said to be under sus- intended to do this. ognized. It says that those rights not picion, because we are collecting the So if you want to ask yourself is the listed are not to be disparaged. records of every American. government overstepping, even the au- Sometimes we have this discussion We talk about metadata and whether thors of the PATRIOT Act are now because some people say it has to be or how much it means or what the gov- telling us that the overstepping is to enumerated. I agree completely if we ernment thinks it can determine from such a degree that they think the PA- are talking that the powers given to metadata. There are some people who TRIOT Act doesn’t justify it. government should be enumerated. say: Don’t worry. It is just your phone In fact, that is really what the court They are few—few and limited, the logs. It is no big deal. It is just boring ruled recently. I had hoped the court powers given to the government. But it old business records. We should be a would rule that the bulk collection— is the opposite with your rights. Your little bit concerned by the words of one the grabbing up of all your records— rights are many and infinite. Your former intelligence officer who said, was unconstitutional, but they actu- rights are unenumerated, and you do that ‘‘we kill people based on ally simply ruled that the PATRIOT have a right to privacy. So while the metadata.’’ He wasn’t referring to Act does not sanction it. The PATRIOT word ‘‘privacy’’ is not in the Constitu- Americans. He was talking about ter- Act does not give authority to the gov- tion, in the Fourth Amendment, rorists. But we should be concerned ernment to do this. It is a pretty amaz- though, they do talk a lot about your that they are so confident of metadata ing sort of set of circumstances—that privacy. It is about your home, that that they would kill someone. the government has taken something your home is your castle. Instead of our believing that that was intended in one way, com- The exact words of the Fourth metadata is no big deal and it just pletely transformed it, and then when Amendment are: should be public information and any- they are rebuked by the court, they are The right of the people to be secure in body can have it, realize that your gov- not chastened at all. their persons, houses, papers, and effects, ernment is so certain of metadata that I wonder why no one has had the guts against unreasonable searches and seizures, they would kill an individual over it. or the wherewithal to ask the Presi- shall not be violated, and no Warrants shall That seems to me to make the point dent why he doesn’t stop this now. The issue, but upon probable cause, supported by that metadata is incredibly important, President could today listen to this Oath or affirmation, and particularly de- if we would make a decision to kill speech on the floor of the Senate, and scribing the place to be searched, and the someone based on their metadata. he could change his mind. He could, persons and things to be seized. The Electronic Frontier Foundation this afternoon, with his pen—he says The reason why we should worry has done a lot of work for privacy and he has his pen and his cell phone—he about whether a warrant is individual- deserves a lot of credit. Mark Jaycox can immediately stop the bulk collec- ized is we have had some tragic times writes in an issue from last year that tion of data. In fact, all of the alter- in our history. During World War II we ‘‘it is likely that the NSA conducts natives he could continue and he could didn’t individualize the arrests of Japa- much more of its spying power under probably do now. He could also say he nese Americans. We didn’t say: That is the President’s claimed ‘inherent’ pow- is going to collect the data with a war- so-and-so who lives in California, and ers and only governed by a document rant. He has all of that power. we think they are communicating with originally approved by Executive Someone should ask the President: Japan and telling our secrets. We indis- order.’’ Mr. President, why do you keep doing criminately rounded up all of the Japa- So while we are superficially having something the court has said is illegal? nese and incarcerated them. a debate over the bulk collection of Why do you continue doing this, and There have been times in our history records that some claim are authorized why won’t you stop? And how could we when we haven’t acted in an individ- under the PATRIOT Act, section 215, possibly think that it is a responsible ualized manner. It happened through- there is a whole other section that answer to say: Oh, I will stop when out the South in the old Jim Crow some privacy advocates are worried they make me. His own privacy com- South. We told people that we were about that is even bigger. mission says that what he is doing is going to relegate them to a certain sta- I had a meeting recently with one of illegal and should stop. tus based on a general category. the founders of one of the huge social One of the things that people are So when we talk about individ- communication companies, and he told worried about is that the government ualizing warrants, we are talking about me that he thinks we are missing some is forcing its way into the code source trying to prevent bias from occurring. of the debate here, because he says ev- of different Facebook, Google, and dif- Now, bias can occur for a lot of dif- erybody is talking about bulk collec- ferent Internet companies. There are a ferent reasons. I tell people that you tion of your phone records. He is con- couple of things that are occurring be- can be a minority because of the color vinced that there is ever so much more cause of this. If you live in Europe, if of your skin or the shade of your ide- being collected through backdoor chan- you are Angela Merkel or if you are ology. You can be a minority because nels. These backdoor channels can anybody in Europe, you might not of your religion. You can be a minority occur in two ways. They can occur one want American stuff anymore. because you are home-schooled. But way by going and looking at foreigners’ There are already rumors in discus- the thing is, if you are a minority, if information and then coming through sion that billions of dollars—there has you are a dissenter, if you dissent from the backdoor back into our country been some estimating of over $100 bil- the majority, you need to be very, very and looking at Americans’ informa- lion—have been lost to where we have aware of your constitutional rights. Be tion. That American’s information has been a dynamic leader in software, in very, very aware of the Bill of Rights. tentacles and spreads and it becomes hardware, in the Internet. People don’t The Bill of Rights isn’t so much for this enormous grouping of incidental want our stuff because they don’t trust the prom queen. The Bill of Rights information. In fact, some have said 9 us anymore.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.046 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3121 One of the reasons they don’t trust us tion.’’ They tell me ‘‘Our way of life’’ versations have no protection. So we is this. We have a group called the Tai- or ‘‘Our Bill of Rights.’’ Don’t you started out with a bad history. The lored Access Operations that targets think they would be disappointed to phone was just coming around and be- system administrators and installs find out that they went over there and coming commonplace. The Supreme malware while masquerading as they risked life and limb and gave up Court said: Your conversations do not Facebook servers. That is a little part of their bodies and they came have any protection. scary—that if you go on Facebook, home, and while they were gone we This went on for 40-some-odd years somehow malware is getting into your gutted the Bill of Rights? until we hit the late 1960s—I think computer and then searching and al- Not only did we get it—we can have 1968—and the Katz case. Then they say lowing them to know everything you a difference of opinion on this, but not there is an expectation of privacy. So are doing on your computer. If you only did we gut it, we don’t have time that was a big blow for those of us who have a warrant, to my mind you can do to debate it. We just willy-nilly say: believe in privacy, that we finally de- a host of these things, but do it to That is fine. We are not even going to cided your phone conversations are pri- someone you have suspicion of. have time to debate it. We have known vate and that you have an expectation I think we have made the haystack for 3 years that this debate was coming of privacy and that it should take a so big that no one is ever getting up. Yet, we squashed a bunch of bills in warrant with your name on it, individ- through the haystack to find the nee- the last week, and we have no time for ualized, with probable cause. dle. What we really need to do is iso- debate, no time for amendments, no But we go another dozen years, 10, 12 late the haystack into a group of sus- time to discuss whether we are willing years, and we get another court case picious people and spend enormous re- to trade our liberty for security. called Maryland v. Smith. Here, sources looking at suspicious people— Franklin said that those who trade though, the Court ruled that your con- people for whom we have probable their liberty for security may wind up versation are protected from the gov- cause. If you think of almost every in- with neither. ernment, that the government has to stance—I mean, go back to 9/11. You This is a very important debate that have a valid warrant, but they end up will have people come forward with a we need to have in the public, in the saying that your records don’t and that ridiculous assumption that if we had open. We worry about—or some of us the government is allowed to eavesdrop the PATRIOT Act, we wouldn’t have worry that just in discussion of bulk and pick up and accumulate records had 9/11. We would have caught those records, we may not get to other pro- about your phone calls without a war- two terrorists in San Diego. And I am grams the government just simply will rant. I think that was a big mistake. like, you mean the two terrorists that not tell us about. A lot of them are The case in Maryland v. Smith, were living with a confidential inform- written about, though. though, is one sort of petty criminal ant for a year? In another episode of the Electronic and a few records over a few-day pe- We knew who these people were. Frontier Foundation’s newsletter, they riod. The question that I would like to These people were talking to each talk about a program called Muscular. see before the Supreme Court would be, other. It wasn’t a lack of gathering in- Muscular is a program that is siphon- is that equivalent to all Americans’ formation. All of these incidentals and ing off the data between different data phone records all the time? There was all of this grabbing up of bulk records centers. Yahoo and Google sometimes at least some kind of investigation isn’t what we needed. We needed the have—at least did have communication going on of this person. They did not CIA to call the FBI. We needed further between them that was not encrypted. do it the right way. I think they should that FBI call Washington and for some- Your information was encrypted going have gotten a warrant. body to listen to them. to the data center, but then between But in this case, what the govern- The 20th hijacker, a guy named data centers, it was not encrypted, and ment is arguing is that every one of Moussaoui, was captured a month in the government is simply siphoning all you is somehow relevant to an inves- advance. We got him in Minnesota. We this off through Executive order. I do tigation for terrorism. That is absurd. got his computer. He was captured be- not whether it is foreign. I do not know Finally, we get to the appellate court cause people said—he was from a for- whether there is incidental American. I last week, and the appellate court says eign country, and he was attempting to do not know what is being collected. that. They say that, frankly, it is ab- learn to take off planes but not land We have no oversight, no ability to surd to say that everybody in America them. The FBI agent there ought to be vote on whether we continue this pro- is relevant to an investigation. Not given a Medal of Honor. Instead of giv- gram or discontinue this program. The only is it absurd, not only is it trifling ing the Medal of Honor to the head of companies are sometimes not notified with your privacy and your right to be the FBI, we should have fired the head of the warrants or if they are notified left alone, but it takes our eye off the of the FBI and this FBI agent should of the warrants are told they cannot prize. have been made the head of the FBI. He talk about them; they are gagged. This Why do you think it is that there are wrote 70 letters to his superiors. He is the kind of stuff we need to have in not enough human analysts to know caught the 20th hijacker. He should be the open. that Tsarnaev, the Boston Bomber, was a well-known name to every American Some of the information people are plotting to bomb the Boston Mara- and a hero. He caught the 20th hi- talking about that the NSA collects on thon? Why did we not know he got on jacker. He saved lives. But his superior Americans is contacts from your ad- a plane to go to Chechnya? One of the got 70 letters and did squat. I have no dress book, buddy lists, calling records, things that we were told at least in the idea what happened to his superior, but phone records, emails, and then they newspaper was that he had an alternate nobody was fired for 9/11. Instead of fir- put it all into a data—I think the pro- spelling of his name. So we have been ing the people who did not do a good gram is called SNAC. They put it all 15 years and we cannot figure out that job, we gave them medals. The guy who into this data program, and they de- sometimes these names are spelled a did a good job, I don’t know what hap- velop a network of who you are and little differently and we did not know pened to him. who your friends are through all of the he flew back and was radicalized in an- (Mr. SCOTT assumed the Chair.) interconnection of all of your contacts other country. What we did is we decided we would and friends. I am for spending more money and just collect everybody’s information, If you ask them ‘‘Is any of this pro- more time on analysts to investigate that we would sort of scrap the Bill of tected by the Fourth Amendment,’’ the and look at the data connected to peo- Rights. answer you will get is ‘‘The Fourth ple of suspicion. But I do not want to I have met a lot of our wounded sol- Amendment does not protect third- spend a penny on collecting all of the diers. I have met young men who have party records.’’ So, really, we are going information from all of the innocent lost two, three arms, two, three limbs, to have this go to the Supreme Court. Americans and giving up who we are in sometimes four limbs. I have met peo- I said earlier that in the Olmstead the process. We have to fight against ple who are paralyzed. And to a person, case in 1928, Justice Brandeis was in terrorism. We have to protect our- when I ask them ‘‘What were you fight- the dissent. The vote was 6 to 3, I be- selves. But if we give up who we are in ing for?’’ they tell me ‘‘The Constitu- lieve. The Court ruled that phone con- the process, has it been worth it? Are

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.047 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3122 CONGRESSIONAL RECORD — SENATE May 20, 2015 you really willing to give up your lib- Center. They talk about suspicious ac- they are obligated to report you to the erty for security? What if the security tivity reports. Those are reports your government. Does it sound something you are getting is not even real? They bank has to file whenever you deal in like ‘‘1984’’? Does it sound like you said the 52 people who were caught cash at the bank. There are certain have informants out there every- through the bulk collection program— dollar limits. They think, well, gosh, where—see something, say something; the President’s own privacy group in- someone is probably a bad person if that your banker is going to call the vestigated and said not one person was they are putting $9,500 in cash in the government if you put cash into the captured. There is a possibility of one, bank. Well, it turns out that a lot of bank? but they already had information on honest, law-abiding people do that. The burden should always be on the him from some other source. Not too long ago, there was a Korean government to prove you are guilty of Under the Executive order, we are husband and wife. They owned a gro- something. You should never be con- still not talking about the PATRIOT cery store. They dealt with a lot of victed and you should never be pun- Act, we are talking about something cash. They were very successful. Three ished without there first being a trial, that nobody knows much about at all. times a day, they deposited over $9,000, without there first being evidence, No common Member has been, to my $8 to $10,000. They tried to stay under without there first being a trial with a knowledge, informed of what is going $10,000 because there were all kinds of lawyer, with a verdict. on in this program; none of those not extra paperwork if you were over Some of this has gone into the war on the Intelligence Committee. $10,000. So what the government said is, on drugs. The war on drugs has a lot of But they have something with this you are structuring your deposits to problems. But part of it has been the information called the special proce- evade people. You must be guilty of abuse of our civil liberties. Also, part dures governing communications something. of the war on drugs is that there has metadata analysis. This is allowing the The government then can accuse peo- been a disparate racial outcome. What NSA to use your metadata—phone ple of a crime and take their stuff. do I mean by that? There have been in- records, et cetera, who you call, how There is something called civil asset stances where—if you look at the sta- long you speak—under the PATRIOT forfeiture. It does not require that you tistics, three out of four people in pris- Act and section 702 to create social be convicted, does not even require on are Black or Brown and are there networks of Americans. So not only that you be accused of something. for nonviolent drug use. But if you are we collecting your data because the There was a story not too long ago in look at the surveys and you ask your- government says—and realize this; Philadelphia—Christos Sourovelis. The selves: Are White kids using drugs the many of your elected officials are say- teenager was selling drugs out of the same as Black kids, it is equal. White ing this: that you have no right to pri- back of the parents’ house. So they kids are 80 percent of the public. How vacy and the Constitution does not caught the kid and they were pun- do we get the reverse for 80 percent of protect your records. They are col- ishing him, but they decided they the population in jail is Black and lecting all of your records, some of it would punish the parents, too. They Brown? It is a problem. If we can’t fig- incidental, but they are creating these confiscated the parents’ house and ure it out, you are going to have to enormous databanks, but then they are evicted the family. So the teenager continue to realize why people are un- connecting metadata to other makes a mistake by selling drugs, and happy. If you want to know why there is un- metadata to create social networks of what does the government do? They happiness in some of our cities, you who you are. take the parents’ house. So you think should read The New Yorker. About 3 You should be alarmed. We should be that is going to help the kid or help or 4 months ago they did a story about in open rebellion saying: Enough is anything get better in this situation by Kalief Browder. Kalief Browder was a enough. We are not going to take it taking the house? But here is the rub: 16-year-old Black kid from the Bronx. anymore. We should be in rebellion The kid did not even have to be con- He lives in a poor situation. His family saying to our government that the victed of anything. The kid did not own had no money, and he had been in trou- Constitution that protects our free- the house; he was just their kid. ble before. doms must be obeyed. Where is the out- If we allow all kinds of data to be out But he was arrested, and he was sent rage? there to catch people and then we are I tend to think young people get it. to Rikers Island—16 years old, ar- not even going to require that you are Young people—you see them—their rested, sent to Rikers Island. His bail convicted of a crime before we take lives revolve around their cell phone. was $3,000. His family couldn’t come up your stuff—you can see the danger of They realize that if I want to know with $3,000. He was kept for 3 years allowing so much data to be collected. about their lives, if I collect the data without a trial. At least some of it was But we are currently convicting and from their phones—not the content of in solitary confinement. taking people’s stuff or their money their phone calls but the data from He tried to commit suicide. Can you simply based on what they are using it their phones—that I can know vir- imagine how he must feel? Can you tually everything about them. Do we for. imagine how his parents must feel? Can The Washington Post did a series of want to live in a world where the gov- you imagine how his friends feel, the articles on this. Turns out that most ernment knows everything about us? kids he went to high school with. Do people having their stuff taken are Do we want to live in a world where you think they think justice is occur- poor, often African American, often the government has us under constant ring in our country? Hispanic, but for the most part poor. surveillance? We have to be careful we don’t let They will say: We are not looking at One guy was here in Washington and slip away who we are in the process of it; we are just keeping it in case we had $10,000. He was going to buy equip- all of this fight against terrorism, all want to look at it. The danger is too ment, such as a refrigerator or a com- of this fight against drugs, because great to let the government collect mercial oven or something, for his res- what happens is people take things your information. taurant. They just stopped him and that are bad. Terrorism is bad, drugs I think there is a valid question as to took his money. It took him years to are bad. But we take this fight about whether simply the collecting of your get it back. He only got it back be- something that is bad, we forget about information is something that goes cause the Institute for Justice defended the process of law, we forget about the against the Constitution. him in getting it back. But it turns rule of law, and we forget who we are One of the other areas where we are justice on its head because he was basi- in the process. seeing collection of data—I mean, it cally considered to be guilty until he But if you want to know why people would just boggle your mind. We are could prove himself innocent. are unhappy in some of our big cities, not just talking about one program; we Realize, then, that people like this you want to see that unhappiness in are talking about dozens of programs are sometimes being picked up because the street, it is because some people the government has instituted to look of something called suspicious activity don’t think they are getting justice. I, at your stuff. reports. Suspicious activity reports frankly, agree with them. I think there There is another group called EPIC, make your bank into a policeman or isn’t justice in our country when this the Electronic Privacy Information policewoman. When you deposit things, occurs.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.049 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3123 Originally, we had the Constitution. say that they had received this war- header on the subject line. The govern- Then after 9/11 we got the PATRIOT rant. ment is also able to look at, through Act. The biggest change between the The American Civil Liberties Union metadata, the Web sites you visit. Constitution, which provided protec- has written that the PATRIOT Act You can see how various groups tion for us from people, bad people, for ‘‘violates the Fourth Amendment,’’ would say that might be an infringe- 200 years or more—the biggest dif- which says the government cannot con- ment of their First Amendment be- ference is we changed the standard on duct a search without obtaining a war- cause let’s say the government now how we would arrest people or how we rant and showing probable cause to be- knows I go to Electronic Frontier would give out warrants. lieve that a person has committed or Foundation or I go to EPIC or I go to I remember having this debate about will commit a crime. ACLU. I am concerned with civil lib- 3 years ago when we talked about the The ACLU goes on to say that it erties. Am I a potential problem to the PATRIOT Act. I was walking along ‘‘violates the First Amendment’s guar- government? I am concerned and I am talking to another Senator, and he was antee of free speech by prohibiting the a critic of the government. Is it a prob- alarmed that the PATRIOT Act would recipients of search orders from telling lem the government now knows what expire at midnight. What would we do? others [these are the gag orders] about Web sites I go to and that I am con- And I was like: Couldn’t we, for just those orders, even where there is no cerned with this? a couple of hours, you know, live under real need for secrecy.’’ Now, if the government would hear— the Constitution? These are the gag orders. They also they would say: No, that is not what I mean we did for 200 years, for good- say that it ‘‘violates the First Amend- we are doing. ness’ sake. We have all kinds of tools. ment by effectively authorizing the But the other part of the question is There is almost no judge in the land FBI to launch investigations of Amer- maybe not yet, maybe not now, but that is going to turn down a warrant. ican citizens in part for exercising you can also squelch and severely re- The FISA warrants, the ones they give their freedom of speech.’’ Now, they strict First Amendment practices if for security, 99.9 percent of them are went back in and they wrote the rules just simply the fear of the government approved. and said: Oh, you are not supposed to looking at it might change my behav- Couldn’t we give out warrants? They do it if it violates someone’s freedom of ior. There is all the evidence, there said it takes too long. Computers work speech. But the bottom line is that the have been surveys, saying that 20, 25 in the blink of an eye. In the blink of opening we have given to the intel- percent of people doing things online an eye, if John Smith is thought to be ligence community is so wide that are changing their behavior because a terrorist and he called 100 people, in there are, for all practical purposes, no they are afraid of the government. The government argues that the list the blink of an eye, I can look at the limitations on the gathering of your of Web sites and Web site addresses is 100 on the list and I can say: What is information. simply transactional data, but I think the evidence that some on the list look In the Maryland v. Smith case, we there is much more you can garner suspicious or any of them from a for- kind of get to the point where we have from this data. eign country or any of them on another said that telephone conversations are The PATRIOT Act that is due to ex- list from somebody calling from a for- protected, but we have said trace-and- pire is just three sections. Interest- eign country. trap and pen register, where they col- ingly, the complaints that I have are a There are ways to look at this where lect your data by phone calls, is not. lot over section 215, which the govern- we would simply then get a warrant for The problem is—and this is a problem ment claims is their justification for the next hop and the next hop and the that needs to be corrected by the collecting all of your phone records. next hop. There is no reason we can’t courts—at this point they are essen- Now, the courts have said otherwise. catch terrorists the same way we catch tially nonexistent. There are no protec- The appeals court said last week that other bad people in society by using tions in the court for any kind of war- the business records do not give them the Constitution. rant that has to be gotten for any kind the authority to collect your records. Initially, the government had to of metadata. In fact, the courts have been very spe- show evidence that you were an agent The FBI need not show probable cific that it is illegal. of a foreign power, but this is no longer cause or even reasonable suspicion of The President is currently ignoring true. Now all you have to do is make a criminal activity. It must only certify the court, and the President continues broad assertion that the arrest is re- to a judge, without having to prove it, to collect your phone data, all of your lated to an ongoing terrorism inves- that such a warrant would be relevant phone data, all of the time, as much as tigation. to an ongoing investigation. they can get. They have not changed The problem in the FISA Court is Also, typically in the past, when we any of their behavior, that I know of, that when they take you to this court, gave warrants for wiretaps, they were since it was declared to be illegal. it is secret. You don’t get your own sorted to entities. You kind of had to Some of the changes—I would repeal lawyer, and basically the government name the entities. But now we are giv- the whole thing. I would repeal the says to the FISA Court judge: Oh, yes, ing the ability to collect data, pen reg- whole PATRIOT Act. But some of the it is related to an investigation—but I ister, trace-and-trap data on your changes that I would favor, if we were don’t believe they are forced to show phone calls nationwide. This is a severe allowed to change it, if we could get a that it is relating to an investigation. departure from what we had had in the consensus in this body that would mir- In some ways, I think we have gone too past because typically warrants were ror the consensus that I think is in far because what you end up having is given under a judge’s jurisdiction, so America—once you get outside the you have people who are saying it is re- within a region. But now we have a beltway of Washington and you go lated, but the question is, Is there any blanket order that says we can collect back into America and you ask people evidence that there is a relation to it any of your phone records, anywhere, are they for this, the vast majority of and how could there be a relationship anytime, across the whole country. people think the government shouldn’t of everybody in America to an inves- This goes against the history of the collect all of their phone records all of tigation? way we have had juris prudence. the time. We also often have given gag orders, We talk a lot about phone data but But there are some changes we could and this is one of the big complaints of your emails are in there too. Interest- make. I think the first thing we ought the Internet companies. They get order ingly, your emails, after 6 months, to do is not replace this system but ba- after order after order, a national secu- have no protection at all. So any email sically say we are not going to collect rity letter. They get all of these you have on your computer, after 6 data in bulk, that we are not going to suspicionless warrants, and then they months, has no protection at all. collect your phone records, your credit are told they can’t talk about it or Up to 6 months, there is a little bit of card information, your emails, and they will go to jail. There are some protection, but the government is al- where you go on the Web. We are not people who got gag warrants who were lowed to look at—without a probable going to collect that in bulk. librarians and for a decade or more cause warrant—is able to look at whom I think we could change the PA- were not allowed to talk to anybody to you are communicating with and the TRIOT Act to say we are only going to

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.051 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3124 CONGRESSIONAL RECORD — SENATE May 20, 2015 collect data that has to do with some- going to maybe have some laws to pre- gigabytes of credit card purchases. I one who is suspicious, that we have vent these companies from encrypting don’t know—for some reason, I am presented some suspicion to a judge, things. It is like: Don’t you get it? more appalled by the credit card pur- and that the judge said: This is prob- Don’t you get why companies—the chases than I am the phone because I able cause. encryption is a response to govern- think of all the stuff you can buy with The standard is not that hard. It is ment. The encryption is a response to a your credit card and what it indicates hard for me to imagine, in fact, a judge government that has run amok basi- about you. saying no. Judges always say yes. If at cally collecting our information, col- With phones—you can find out a lot 3 in the morning there is a murder lecting all of our information. So if you with people’s phone records. When the somewhere inside a house in DC, what are an American Internet company, if Stanford students looked at phone do you think the odds are that when you are an American search engine or records, they found that 85 percent of the police call for the warrant that the an American email company, what do the time they could tell your religion. judge will say no? Odds are most of us you think you are saying? You are say- The vast majority of the time, they want the judge to give permission. But ing: The only way I am getting Euro- could tell your doctors. The vast ma- it is the checks and balances that we peans back, the only way I am getting jority of the time, they could tell what want so we don’t have police who oper- Asians back is to say I am going to disease you had. The vast majority of ate on bias or bigotry or religious dis- protect them from my government. the time, the government can then also crimination. We want the people to be Isn’t that a sad state of affairs? connect you through social networking bound by the rule of law. People say: Well, how will you get and tell an extraordinary amount It is kind of interesting, because you terrorists if everything is encrypted? about you. will hear Republicans sometimes give Edward Snowden was using an With a credit card, it is even more lip service to the rule of law. But in encrypted email server, and the com- explicit than that. They can tell if you giving lip service to the rule of law, pany that was housing him—that was drink, if you smoke, and how much, what happens is they seem to forget specifically the genre of their business. what magazines you buy, what books the whole idea of privacy. They are for They had a business that was you read, what medicines you take. All it in economic transactions but not so encrypted because some people want to that is on your credit card. And we are much with regard to personal liberty. be private for a lot of different reasons, more and more that type of society. We The New York Times has written and many of them legitimate—business, are less and less a society of cash and talked about some of the economic ef- legal, personal reasons. But, anyway, more and more a society where every- fects of this. In an article by Scott when they came to get Edward thing is on paper. That should worry Shane a couple of years ago, he talks Snowden’s email, they didn’t ask just us. It should worry us that the govern- about the idea that foreign citizens, to get his email; they said they wanted ment has access to all of our records many of whom rely on American com- the encryption keys for the entire busi- all of the time. It should concern us panies for email Internet services, are ness. that the government also says, when concerned about their privacy. See, this is the problem. You have to you ask them—and this is an impor- Now you can say you don’t care realize there are zealots who don’t tant point—that your records, when about foreigners, and they don’t get seem too concerned with your privacy held by a third party, are not protected the same standard as we get, so you rights. Imagine what they are going to at all. It is debatable whether that is can understand maybe there is going to do if they say to Apple: We don’t want true. I think it needs to be looked at be a lower standard. But realize, if we just the encryption for you to let us in again by the court, and I think there are going to say the standard is quite a one time to see John Smith, who we are those who will, in the court, say bit different and that there is no pro- think is a terrorist; we want you to let your third-party records are. The tection for anybody’s data on the us in all of your products. If they force Maryland decision was 6 to 3. Internet, realize that standard is going a good company like Apple to do that, Justice Marshall felt your third- to scare people in other countries away who in the world would want anything party records should be protected. He from our stuff. It is going to scare peo- from Apple anywhere in the world? specifically mentioned that there was a ple away from our email companies. It There is a danger that we will destroy potential stifling effect for association, is going to scare people away from our great American companies by forcing there was a potential stifling effect for search engines. this surveillance into their products. speech, and he was quite concerned (Mr. TOOMEY assumed the Chair.) I think if you would talk to any of that the government really should Senator WYDEN has also made a good these companies out there—and some point. If the government is going to have a warrant to look at your records. of these companies are some of the My hope is that someday the Mary- mandate backdoor access to the code greatest success stories in our coun- land v. Smith case will be relegated to source and the government is going to try—if you think of the Internet revo- the dustbin of history, into the same say that Facebook or Google has to let lution and you think of how America them in a backdoor, that is a window, dustbin in which we put Olmstead. In has really led, America has been the that is a breach of the wall, it is a Olmstead, they said you couldn’t have leader. We have created hundreds of breach of protection. any protection for your phone records. thousands of jobs, billions of dollars of Senator WYDEN and others have made It went on for 40 years. I think we still profit. In our zealousness to grab up a good point. He said: If you do that, live with some of that because we have every bit of information and in our you will be actually weakening these trained and taught the phone compa- zealousness to ignore, basically, the companies to attacks of cyber security nies not to be great advocates for our Constitution, we are grabbing up so because if somebody can get in, some- privacy, and there doesn’t appear to be much stuff we are scaring people to body else who is smart can get in as seen a great deal of fighting on the death. There has already been billions well. part of the phone companies in advo- of dollars lost to North American com- So there is a danger to letting the cating for us. Some of the Internet panies because of this, because Euro- government in. companies have begun to step up. But I peans, Asians, they don’t want our There are dozens and dozens of these would like to see both phone companies stuff anymore. They don’t want things programs. The NSA has something and Internet companies stand up and with our hardware. They don’t want to called the Dishfire database. It stores say: We are not going to do it. We are deal with our services because they are years and years of text messages from not going to give you access to us, and fearful the U.S. Government is looking around the world. That might be fine you will have to take us all the way to at all of their transactions. except for it ends up trapping people the Supreme Court. The government is pretty clueless who are also American citizens as well. If they did, if there was unified re- over this. Recently, one of the mem- It ends up tracking and trapping purely sistance among the consumer and bers of President Obama’s administra- domestic texts that are retransmitted among the companies to say ‘‘We are tion came out—in fact, several mem- outside the country. not going to let you have our data bers—complaining about encryption. They have a program called Tracfin without a fight, and you are going to They are like: Well, you know, we are that collects and accumulates have to prove suspicion, and that you

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.052 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3125 are going to have to get a specific war- evidence the people he called is sus- history, the Magna Carta, even before rant,’’ I think then we might be able to picious, go back to the judge and get we had juries—even in the Greek and get back to a more constitutional sce- another warrant. Go deeper and deeper. Roman times, we had juries. Are we nario. There is no reason why this couldn’t be really willing to give that up and give Within the NSA, there has also been done nearly instantaneously. There is people a classification that the govern- evidence of installing filters in the fa- no reason why it couldn’t be done 24 ment assesses them that cannot be cilities of Internet and telecommuni- hours a day. And there is no reason challenged, where people don’t get a cation companies, serving them with why we can’t have security and the lawyer, they do not get presented to a court orders, and building backdoors constitution as well. judge and told why they are being held, into their software and acquiring keys This battle has not been just about and we would hold them forever? to break their encryption. If this be- records; it has also been about another This was the debate over indefinite comes the norm, you can see how peo- key part of the Bill of Rights, which is detention. The response I got during ple will flee American products, and the right to a trial by jury, the right to the debate was: Well, yeah, we would people will say: I am not going to use due process, the right of habeas corpus. keep them. We would send them to American things. There is an enor- The Fifth and Sixth Amendments I see Guantanamo Bay. mous, beyond-imagination economic together as sort of the amendments An American citizen? punishment to our country that is oc- that are with regard to your person and Sure, if they are dangerous. curring now and going to continue and with regard to whether you are treated Kind of begs the question, doesn’t it? worsen if we don’t wise up and send a justly by your government. Who gets to decide who is dangerous signal. As we became fearful of terrorists, we and who is not? So for those in this body who say: We said: Well, we are just going to capture When this finally made it to the Su- need to collect more information. We people and we will just hold them in- preme Court, though, whether you are not getting enough information. definitely. It is one thing to catch could hold an American citizen, the Su- Warrants be damned. I don’t care what someone on a battlefield in a foreign preme Court rejected the administra- they do. Take all my information, get land shooting at us—and I have said re- tion’s claim that those labeled ‘‘enemy as much as you want—those people will peatedly that people in battle don’t get combatants’’ were not entitled to judi- have to explain why they are destroy- due process, but people outside of bat- cial review. It took years and years to ing an American industry and why peo- tle, particularly American citizens, finally have the Supreme Court tell ple around the world are going to say: should. In some of these cases, we are people that the Bill of Rights was still We are alarmed at that, and we want talking about American citizens ac- in effect, that if you are an American some protection. If we are going to use cused of a crime—perhaps terrorism— citizen accused of a crime in our coun- American products, if we are going to who are caught in our country. Yet, we try, no matter how heinous, you do use American email, we want to know are going to say: Well, they do not have a right to a trial by jury, you do there is not going to be indiscriminate really deserve trials. They do not de- have a right to a lawyer, you do have collection of our information. serve lawyers. the right of habeas corpus, you do have Bill Binney was probably or is prob- In fact, and I find this really hard to all of the rights of an American citizen. ably one of the highest ranking whis- believe, one Senator said recently: And no one can arbitrarily take those tleblowers from the NSA. The things Well, when they ask you for a judge, away from you. And if you don’t think he has to say should disturb us because just drone them. Ha-ha. that is potentially a problem, think of he probably knows more about this The same guy said: Well, when they the South in the 1920s. Think of what than any of us will ever know. Bill ask you for a lawyer, you just tell would have happened if Richard Jewell Binney said that without new leader- them to shut up. were a Black man in the 1920s. He ship—this is in our intelligence agen- About 10 years ago, Richard Jewell might not have lived the day. Think if cies—new laws and top-to-bottom re- was thought to be the Olympic Bomb- Richard Jewell had been a Japanese form, the NSA will represent a threat er. Everybody said he did it. The TV American during World War II, when of turnkey totalitarianism. The capa- convicted him within minutes. Every- we decided that the right of habeas cor- bility to turn its awesome power—now body said he was the Olympic Bomber. pus didn’t apply to you if your parents directed mainly against other coun- He fit the profile: He wore glasses, he were from Japan or if your grand- tries—will now be turned on the Amer- was an introvert, he had a backpack, parents were from Japan. ican public. and he seemed very helpful. Somehow, There was an experiment I remem- Originally, all of these intelligence that was the profile. Everybody said he ber, I think in college—a psychology forays were to get foreigners. We low- did it. The only problem is, he didn’t do experiment. They put a person in a ered the standard, saying: Well, they it. room, and they said: This person has do not live here. These are potentially So here he was accused of being a ter- information, and we are going to shock terrorists, and so we are going to have rorist, of exploding something, doing them just a little bit. Here is the dial. a lower standard. something terrible and killing inno- You get to decide. They started out as foreign searches. cent people. And I think to myself, if They wanted to ask how high people In fact, the NSA was originally in- he had been a Black man in the South would turn up the dial. It was pretty tended to search for foreigners and to in 1920, what would have happened to scary—a good amount of people you search the information of foreigners. him? Or if he had been any American in would imagine are normal, respectable And I am not opposed to that. In fact, this century if the people who believe people—how high they would turn the I was on one of the Sunday morning in no jurisprudence were really in dial to shock somebody or to torture programs this week, and they asked: charge. We should be afraid of ever let- somebody. So we think that wouldn’t Well, are you for eliminating the NSA? ting these people get in charge of our happen, but it does. I said: Of course not. I am for the government, because the thing is that Any time we make an analogy to NSA. I want the NSA to do surveil- Richard Jewell was innocent. horrific people in history—to Mussolini lance that will help to protect us from People say: Well, these aren’t just or Hitler—people say: You are exag- attack. American citizens, they are enemy gerating; it is a hyperbole. Maybe it is. Not only am I for surveillance, I am combatants, and we don’t give any Particularly, to accuse anybody of that for looking as deep as it takes. But I kind of jurisprudence—no judges or is a horrific analogy, and I am not want some suspicion. I want suspicion lawyers for these people. They are doing that. that this person—that there is some enemy combatants. But what I would say is that if you evidence against this John Doe. You Well, it kind of begs the question, are not concerned that democracy don’t have to prove they are guilty; doesn’t it? Who gets to decide who is could produce bad people, I don’t think you just have to have something that an enemy combatant and who is an you are really thinking this through points toward them being suspicious. American citizen? Are we really so too much. And if you are not concerned You then go to the judge, and the judge frightened and so easily frightened about procedural protections—proce- says: Here is a warrant. And if there is that we would give up a thousand-year dural protections are how evidence is

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.060 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3126 CONGRESSIONAL RECORD — SENATE May 20, 2015 gathered, how evidence is taken from First of all, they like to lump it in as one with data. At one time about a year your house, what rules the police have program and say you can’t cancel the pro- ago, I remember an article where I to obey. gram. think they collected millions and mil- People don’t quite get this. We don’t In fact, Binney was famous because lions of audio hours. They had just have a mature discussion on this. Any he had been working on a program that been collecting. They were vacuuming time we try to say that this should did investigate terrorists but protected up everything. And I think they had stop and that someone could be a bad American information and deleted only been able to listen to about 25 per- policeman, the media dumb it down American information from incidental cent of it. and say that we are saying policemen collection. So the thing is that there is informa- are bad. No, it is the opposite. Some 98 So he said: tion that we need to get and we should or 99 percent of the police are good. In That’s false to begin with. It’s multiple get. fact, in the general public it is pretty programs. The one program that dealt with When the Tsarnaev boy—the Boston close to that. domestic spying was called Stellar Wind. Bomber—went to Chechnya, we needed The thing is that we have the rules in Stellar Wind was one that was also to know that. We needed to continue to place for the exception to the rule. We created by Executive order and was see if there was evidence that we could have these procedures in place because done without the permission of Con- take to a judge to continue to inves- maybe it isn’t tomorrow that we decide gress before the PATRIOT Act. tigate him. So we do need surveillance. that we are going to round up all the They had the other foreign ones; you men- But what we don’t need is indiscrimi- Japanese Americans again and put tioned the names. There were other names nate surveillance, and we don’t need them in internment camps, but maybe that were listed in the PRISM program that the haystack to get so big that we can next time it is Arab Americans. So we was dealing with foreign intelligence. There never find the terrorist in the stack. were a whole bunch of those programs, not Binney responds: have to be concerned with this because just one. we don’t know who the next group is Well, what it simply means is if you use So the point is you stop the intelligence, the traditional argument they say we’re try- that is unpopular. the domestic intelligence program, period. ing to find a needle in a haystack, it doesn’t The Bill of Rights isn’t for the prom So Binney’s opinion was—this is the help to make the haystack orders of mag- queen. The Bill of Rights isn’t for the guy who wrote a lot of the original pro- nitude larger, because it makes it orders of high school quarterback. The Bill of grams. Bill Binney said he would con- magnitude more difficult to find that needle Rights is for the least among us. The tinue gathering information on for- in the haystack. Bill of Rights is for minorities. The eigners. This is a guy who worked for Frontline: Bill of Rights is for those who have mi- 30 years for the NSA. He is not some And is that what they’ve done? nority opinions. The Bill of Rights is Have we made that haystack so large that dove who doesn’t want to do anything we are actually having more trouble catch- for those who are oddballs, those who about terrorists. Bill Binney worked aren’t accepted, those who have uncon- ing terrorists because we’re scooping up and for 30 years to develop the programs to swooping up all of America’s data? ventional thinking. help us catch terrorists, but he felt it If we are so frightened that we are Binney: wasn’t proper or constitutional to col- That’s what they’ve done. And now they’re going to throw all the rules out and we lect Americans’ records without a war- are just going to say that here is my looking at things like game playing and rant. He said if we get incidental things like people doing that. I mean, this is liberty, take it, and here are my records, destroy them; don’t collect ridiculous. How relevant is that to anything? records; I didn’t do anything wrong, so them. Frontline: I don’t mind if you look at all my He says: But they say there’re computers, and in records; if you say the standard will Eliminate them. [The records of Americans Utah they’re going to be able to take all this now be that if I have nothing to hide, are] irrelevant to anything that— stored data, and they’re going to be able to I have nothing to fear and look at ev- The incidental collection— go through all of it, and they’re going to be erything I do, then there will be a time able to connect the dots. Connect the dots— and there will be a danger that, in giv- is going on. All the terrorists would have that’s what everybody wanted them to do been caught by the process that we put in after 9/11. ing up your freedom, in giving up your place for ThinThread— privacy, you will find that the world Bill Binney, former senior NSA: ThinThread was a program they had you live in is not the world you in- See, that’s always been possible. Before 9/ before they went to the unconstitu- tended. 11 we were doing that. That was already hap- There have been good folks within tional program— pening. We already had that program. That the National Security Agency who which was looking and focusing in on the wasn’t an issue at all. That’s why we should have picked this out from the beginning. We have talked about and have pointed out groups of individuals that we already had identified and anybody in close proximity to should have implemented it, the ThinThread that we have gone too far. Bill Binney them in the social graph, plus anybody—the [program that they’d already been working, was one of those. He was a high-rank- other simple rules like anybody that was the] connect-the-dots program on everything ing NSA official who decided that they looking at jihadi advocating sites. . . . in the world, but we didn’t. That’s why we had gone too far. Et cetera. failed. It wasn’t a matter of not having the There was an interview—it has prob- program; it was a matter of not imple- That would get them all, and you didn’t menting the program we had. ably been 1 year or 2 years ago—with have to do the collection of all this other Bill Binney that was in ‘‘Frontline.’’ data that requires all that storage, transport When 9/11 came, we gave medals to One of the first questions was: of information to the storage, maintenance the heads of our intelligence agencies. What a lot of people in government will of it, interrogation programs, all of that No one was ever fired. Yet the 20th hi- say is that you don’t understand; we’re still added expense that they are incurring as a jacker was caught a month in advance. at war. Remember we lost 3,000 people in 9/11. part of it over the last 10 years. You Moussaoui was caught in Minnesota for This is a very important program. wouldn’t have any of that. . . . trying to take off in planes but not They talk about the warrantless col- Frontline then asks: land them. The FBI agent there wrote lection of all records: This problem of haystacks, how big a prob- 70 letters to his superior trying to get It has saved thousands of lives, as Cheney lem is that? Is that what we’ve done, is we’ve a warrant. It wasn’t that we had to said at one point. There are multiple plots created a situation where the haystacks are dumb down and take away the proce- that have been stopped because of this pro- bigger, and it’s almost impossible to find? dural protections of warrants. The war- gram. You’ve got to be very careful about This was Frontline’s question. It is a rant wasn’t denied. what you wish for, because if you do, you question I have been asking, also. If They would have a much stronger ar- might have another attack, and you might you collect all of Americans’ records gument if they could say: We tried to have blood on your hands. all of the time, if we collect all of your catch the terrorists, but the judges Fear. phone records, can we possibly look at kept saying no to warrants. What is your reaction to this question them? It is absolutely not true. They didn’t about the effectiveness of what all this has Now, computers are getting better, ask the judge for warrants. So the 70 been? but still there has to be a human in- requests in Washington sat at FBI Binney replied: volved. I think we are overwhelmed Headquarters and weren’t requested.

VerDate Sep 11 2014 02:20 May 21, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.062 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3127 We also had another hijacker in Ari- NSA that they cannot mandate that tives. Then it comes over to the Sen- zona training to take planes off. Once companies give a backdoor entry into ate, and the Senate says: Oh, my good- again, the FBI agent there was doing a their product, the amendment passed ness. We want to collect more of your great job in sending the information to 293 to 123. records. We do not think we are getting Washington, and but people were not But just to show you that no good enough into your privacy. We do not talking to each other. It had nothing deed goes unpunished and just to show think we have completely trashed the to do with saying the Constitution is you the arrogance of the body—the Bill of Rights enough; let’s try to gain too strong, and we have to weaken the vast majority of people do not want more of your records. Constitution or we will never catch their phone records collected without One of the other things the Massie- terrorists. It had nothing to do with warrant—what did they do when this Lofgren amendment did—that did pass that. But that is precisely the argu- passed 293 to 123? They stripped it out over there—was to get rid of and say ment we have. in secret in conference committee and that no funds would go to mandate or In the aftermath of 9/11, the PA- it was gone. The reason it was gone is request that a person alter his product TRIOT Act was rushed to the floor— like everything else around here. You or service to permit electronic surveil- several hundred pages—and nobody wonder why your government is com- lance. read it. It didn’t come out of—there pletely broken. We lurch from deadline This is what is going on. What is was one out of the committee. They to deadline, and it is on purpose really. pretty nefarious and antithetical to didn’t use that. They rushed a sub- We do deadline to deadline because we freedom is that our Government is tell- stitute to the floor, and no one had have to go. It is spring break. We are ing companies like Facebook and time to read it. But people voted be- going to be late for spring break. We Google and these other companies— cause they were fearful, and people said have to go, so we have to finish this up they are forcing them to let the gov- there could be another attack and before we go. ernment have access into their prod- Americans will blame me if I don’t It is how the budget is done. No one ucts. vote on this. ever votes on whether we are going Everybody knows this is going on. It But we are now at a stage where we spend X or Y. They put the whole budg- is no secret, and it is killing these com- should say: Are we willing to give up et into 2,000 pages. Nobody reads it. It panies in their worldwide market be- our liberty for security? is placed on our desk that day. Nobody cause non-Americans don’t want to use Can you not have both? Can you not has any idea what is in it. None of your their email. They are afraid the gov- have the Constitution and your secu- concerns about your Government are ernment has forced their way into all rity? I think you can. ever addressed. We just pass, boom, the their transmissions. Several agents other than Bill whole thing and it is out the door. It is There is currently another bill in the Binney have also said—several national the same way with these kinds of House put in by Representative POCAN, security officials—that the powers things. Because there is a deadline— Representative MASSIE, Representative granted the NSA go far beyond the ex- and this amendment was passed 293 to GRAYSON, and Representative MCGOV- panded counterterrorism powers grant- 123, saying that we shouldn’t fund ERN that would repeal the entire thing. ed by Congress under the PATRIOT these illegal searches and that we It repeals the PATRIOT Act and FISA Act. should stop the bulk collection amendments of 2008, permits the courts The court now agrees with that. Any records—it is passed overwhelmingly. to appoint experts, permits the courts time someone tries to tell you that Yet, in secret, somehow it is taken to have appeal. It basically tries to metadata is meaningless, don’t worry. back out of the bill and never becomes make our intelligence courts more like It is just whom you call. It is just your law. an American court or American juris- phone records. It is not a big deal. Re- Now, while I don’t agree completely prudence. alize that we kill people based on or really at all with the reform that EPIC is the Electronic Privacy Infor- metadata. So they must be pretty has come forward out of the House, it mation Center. They talk some about darned certain that they think they is at least evident they are listening. these national security letters I men- know something based on metadata. They have a bill that would end the tioned earlier. There are now hundreds So these are ostensibly or presum- bulk collection of records to replace it of thousands of national security let- ably terrorists that are being killed. with, I think, maybe another form of ters. These are letters that are war- But what I would say is that if they are bulk collection, but it still passed over- rants. They are not signed by judges. killing people based on metadata, I whelmingly, 330-some-odd votes. But do They are actually signed by the police. would think you would want your own you know what you hear when it gets This goes against the fundamental pre- metadata pretty well protected. over here? They say the Senate is cept of our jurisprudence. The funda- To give you an example of how Rep- distanced more from the people and not mental aspect was that we divided po- resentatives are sometimes getting it as responsive—absolutely true and lice from the judiciary. It is supposed right, in the House of Representatives, sometimes to the detriment of the pub- to be a check and balance. In case the they have seen and responded to the lic. Because the thing is that while it is local policemen had some sort of bias, people. THOMAS MASSIE and Represent- overwhelmingly popular with the they always had to call somebody else. ative LOFGREN introduced an amend- American people that we should not be It is not perfect, but it is a lot better ment to the Defense appropriation bill collecting your phone records without than not having a check and balance. last year. This amendment would have a warrant—without a warrant with When we got to NSL—this comes out defunded the warrantless backdoor your name on it, and the House has of the PATRIOT Act—they start out searches—what they are doing through recognized this and passed something with a few thousand, and they grow 702, which is an amendment to the overwhelmingly to try to fix it—the and grow. Now there are hundreds of FISA Act. This is where we say we are first thing I hear over here from people thousands of them. But realize that the investigating a foreigner, but the for- is, Well, we are not collecting enough national security letter is similar to eigner talks to an American who talks of your phone records. They are dis- what we fought the Revolution over. to other Americans, and it ripples out appointed that the government isn’t We fought the Revolution over writs of into enormous amounts of incidental getting—they have access and they assistance, which are basically general- information. The information from 702, claim they can get it, they gain access ized warrants, but they were also writ- when you analyze it—9 out of 10 bits of to everything, but the Government ten by British soldiers. We were of- information that are collected—is not really is not collecting all of it, so peo- fended that a soldier would come into about the person we have targeted. ple are very disappointed; they want to our house with a self-written permit. They are incidentally collected about collect more. A lot of the reaction and the reason other individuals. The American people say: Enough is we wrote the Bill of Rights the way we But when Representative MASSIE and enough. We want our privacy pro- did is that we were concerned with Representative LOFGREN introduced tected. We want the Government to British abuses. We were concerned with their amendment to defund the back- take less of our records. Congress rec- the idea of general warrants. So when door searches and to tell the CIA and ognizes that—the House of Representa- we wrote the Fourth Amendment, we

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.064 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3128 CONGRESSIONAL RECORD — SENATE May 20, 2015 said that it had to be specific to an in- The New York Times has talked to start getting back the confidence of dividual. We said you had to name the about this, and Charlie Savage in a re- consumers, both in the United States individual. That is one of the real prob- port last year reported that the Justice and worldwide—and then the FBI Di- lems with the bulk collection of Department had to apologize to a Fed- rector has been interested in, in effect, records. They are not really based on eral appeals court for providing inac- allowing companies to build a back- suspicion of an individual because basi- curate information about a central door into their systems. This, once cally the government is collecting all case challenging the unconstitution- again, kind of defies commonsense be- of your records, indiscriminately. ality. cause the keys will not just be out The government is not even obeying Now, what is truth and what isn’t there for the good guys. They will also the loose restrictions they put in place. truth. When you go to a court, it is like be available to the bad guys. The Constitution says you have to when your kids fight; there are two I am very pleased that my colleague have probable cause. You have to sides to everything. One child has one from Kentucky highlighted one par- present some evidence to a judge. You argument, and the other child has the ticular new development in this debate, don’t have to prove that they are other argument. The truth is listening and I have sought as a member of the guilty, but you have to have enough to both sides and trying to figure out Intelligence Committee for some time evidence that the judge says it looks what the truth is. The court is no dif- to come up with an approach that once like that person could be guilty of a ferent. But in these courts, you are again demonstrates that security and crime. only hearing one side and only the gov- liberty are not mutually exclusive. But So with the PATRIOT Act we low- ernment represents their case. we are certainly not going to have ered that standard and then lowered it The government says that we want both, as my colleague touched on in his again. For collecting information all the phone records because they are statement, if the policy of the FBI Di- under the PATRIOT Act, all you have relevant. No one stands up on the other rector is to require companies to build to do is say that the information you side and says: I object. That is one of a backdoor into their products—build want is relevant to an investigation. the reforms Senator WYDEN and I have weaknesses into their products. Now, the Senator from Kentucky is When this got to the court, the court talked about, having somebody rep- very much aware that my staff and a basically said this is absurd. So 2 resent the accused, somebody to stand number of Senators are currently weeks ago, the court just below the Su- up and say maybe all the phone records working through a number of issues preme Court said it is absurd to say in the country are not relevant, maybe and amendments related to the ques- that every American’s phone record is they are not relevant to an investiga- somehow relevant to a terrorist inves- tion of how we can pass trade legisla- tion. It would be absurd to say every tion and get more family wage jobs for tigation. They said it takes the mean- American’s records would be relevant. ing of the word ‘‘relevant’’ and basi- our people through exports. A number Probably no one in America knows of us, myself specifically, have been cally destroys any concept that the more about this subject than Senator word has meaning at all. concerned that the majority leader and WYDEN, who I see has come to the The PATRIOT Act went to a much other supporters of business as usual floor. Senator WYDEN knows more lower standard, not probable cause but on bulk collection of all of these phone about this because he has been on the just that it might be relevant to an in- records would somehow try to take ad- Intelligence Committee for several vestigation. And even with that lower vantage of our current discussions and years. standard, the court said that is absurd. try to, in effect, sneak through a mo- How does the President respond? The There are two tiers within Congress. tion to extend section 215 of the USA President responds by doing nothing. There is a great deal of information PATRIOT Act. As long as the Senator The President could end this program that I have never been told. Even from Kentucky has the floor, that can- tomorrow. Every one of your phone though I was elected to represent Ken- not happen. My hope is that once our records is being collected without sus- tucky, I am not allowed to know a lot colleagues have agreed on a path to go picion, without relevance. In con- of things that happen in the Intel- forward with job-creating, export-ori- tradiction to even what the PATRIOT ligence Committee. The downside for ented trade legislation, it will be pos- Act says, your records are being col- Senator WYDEN is he is allowed to sible to resume our work on that very lected. The second highest court in the know more but then he is not allowed important bill. land has said this is illegal, and the to talk about it, which makes it a In the meantime, my question for my President does nothing. The President problem. It is hard to have dissent in colleague pertains to an issue that he said to Congress, Oh, yes; I will do it if our country. If I am not given informa- noted I have been at for some time. As Congress will do it. tion, how can I complain about it? And my colleague knows, I have been trying It is a bit disingenuous. We did not if the Senator from Oregon is given in- to end the bulk phone record collection start the program. The authors of the formation, he is not allowed to com- program since 2006, and the reason I PATRIOT Act had no idea this was plain about it. have is because this bulk phone record going on. The PATRIOT Act, according These are the things we struggle with collection program is a Federal human to the court, does not even justify this. in trying to find truth. relations database. We are looking at telephone records. Mr. WYDEN. Will the Senator from When the Federal Government knows We are looking at email records. EPIC, Kentucky yield for a question, without whom you have called, when you have the Electronic Privacy Information losing his right to the floor? called, and often where you have called Center, has another big complaint Mr. PAUL. Yes. from, which is certainly the case if about this; that people were put for- Mr. WYDEN. I thank my colleague. somebody calls from a land line and ward and then told that they could not It is good to be back on the floor with someone has a phonebook, the govern- even talk about the fact that they had him once again on this topic. ment has a lot of private and intimate been given a warrant. They were As we have indicated, this will not be information about you. If the govern- threatened with 5 years in prison for the last time we are back on the floor. ment knows that you called a psychia- even mentioning that they had been My colleague has made a number of trist three times, for example, in 36 served a warrant. very important points already. I was hours, twice after midnight, the gov- This, I think, is an obvious con- especially pleased when my colleague ernment doesn’t have to be listening to tradiction of the First Amendment. We brought to light something that is lit- that call. The government knows a have legislation that contradicts the tle known; that the Attorney General whole lot about what most Americans Fourth and the First Amendments. of the United States is interested in— would consider to be very private. The national security letters in 3 excuse me—the FBI Director is inter- This has been an important issue. My years, from 2003 to 2005—these are the ested in requiring companies to build colleague from Kentucky has been an warrants that are written by FBI weaknesses into their products. In invaluable ally on this particular cause agents, not written by a judge—there other words, we have had companies in- since he arrived in the Senate, and I were 143,000 warrants given out in our terested in encryption, as my colleague just want to give a little bit more country to Americans with a warrant mentioned. What happened as a result background and then get my col- written by the police. of that encryption, they had a chance league’s reaction to this question.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.065 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3129 I have seen several of my colleagues who has served on the Intelligence I am also interested in hearing the come to the floor of the Senate and Committee, as I have for more than 14 Senator from Oregon talk about an op- talk about why we ought to keep a years, and goes into those classified ed he wrote which appeared in the Los bulk phone record collection, and the meetings on a weekly basis, does not Angeles Times in December. Senator statement has somehow been that this walk out of there without the judg- WYDEN wrote that building a backdoor is absolutely key for strong counter- ment that it is a very dangerous world. into every cell phone, tablet or laptop terror. That is a baffling assertion, I But what doesn’t make sense is to be means directly creating weaknesses say to my colleague from Kentucky, pursuing approaches that don’t make that hackers and foreign governments because even the Director of National us safer and compromise our liberties. can exploit. Intelligence and the Attorney General That is what doesn’t make sense. I would be interested in entertaining are saying it is not. So what we have Last year, along with my colleagues a question concerning that. are Members of the Senate saying that Senator HEINRICH and Senator Mark Mr. WYDEN. Mr. President, I apolo- bulk collection—some of them—ought Udall, I filed a brief in a case that was gize to my colleague. I ask that my to be preserved in order to fight terror, before the Court of Appeals for the Sec- colleague restate his question. and the Director of National Intel- ond Circuit. It is an important court. It Mr. PAUL. This is on op-ed that was ligence and the Attorney General, two is one of the highest courts in our written by the Senator from Oregon individuals who are not exactly soft on country. and appeared in the LA Times in De- terror, saying it is not. In the brief, we said we ‘‘have re- cember. The op-ed says that building a If Senators, and those who might be viewed this surveillance extensively backdoor into every cell phone, tablet following this debate, are seeking a and have seen no evidence that the or laptop means deliberately creating more detailed analysis, I hope they will bulk collection of Americans’ phone weaknesses that hackers and foreign check out the very lengthy report on records has provided any intelligence governments can exploit. surveillance that was issued by the of value that could not have been gath- I think expanding on that in the form President’s review group. This group’s ered through means that caused far of a question would help us to under- members have some very impressive less harm to the privacy interests of stand exactly what the Senator means national security credentials. These millions of Americans.’’ by that. are not people who are soft on fighting What we are talking about, in effect, Mr. WYDEN. What the Senator is are conventional approaches with re- terror. One of them was the Senior asking about is a statement made by spect to court orders and then there Counterterror Adviser to both Presi- the FBI Director, Mr. Comey. This is are emergency circumstances. So when dent Clinton and President Bush and not some kind of hidden article. It was the government believes it has to act another served as Acting Director of on the front pages of all of our papers to protect the American people, it can the CIA, and this review group—a re- and really deserves, as my colleague is move quickly and then, in effect, come view group led by individuals with pris- suggesting, some consideration. back and settle up later. In fact, one of the last things I did as tine antiterror credentials—said on The conclusion we reached after re- page 104 of their report that ‘‘the infor- chairman of the Senate Finance Com- viewing bulk collection very carefully mittee—I had a relatively short tenure mation contributed to terrorist inves- was based on 8 years’ worth of work, tigations by the use of section 215 there in 2014—was to hold a workshop and of course we recently had this in Silicon Valley on this issue. The [bulk] telephony meta-data was not es- court declare bulk collection to be ille- sential to preventing attacks and could problem stems from the fact that with gal. the NSA overreach taking a huge toll readily have been obtained in a timely My first question is, Does the Sen- on our companies and the confidence manner using [individual] section 215 ator from Kentucky agree there is no that consumers, both here and around orders.’’ evidence that dragnet surveillance now What this distinguished group of ex- makes America any safer? the world, had in the privacy of their perts said supports what the Senator Mr. PAUL. Mr. President, that is a products, these companies said we have from Kentucky is saying and what I great question, and I also think it is to figure out a way to make sure con- and others have been saying for some very difficult to prove these things one sumers here and around the world un- time. way or another sometimes. We are at a derstand that we are going to protect The Senator from Kentucky pointed great disadvantage because a lot of their privacy. So they decided to put in out my service on the Intelligence times they hold all of the information. place products that had strong Committee. I think Senator FEINSTEIN I think it was nothing short of miracu- encryption. They felt that was impor- and I are two of the five longest serv- lous that you and others were able to tant to be able to assure their con- ing members in the committee’s his- investigate this and show that in re- sumers that when they sold something, tory. We didn’t find out about bulk col- ality all of these folks who they allege their privacy rights were protected. In lection until it had been underway for could have been caught would have doing so, of course, they also made it quite some time because it was con- been caught through traditional sur- clear, as has always been the case, that cealed from most members of the Intel- veillance and through traditional war- when the government believes an indi- ligence Committee for several years. rants. vidual could put our Nation at risk, But given the fact that we began to see I think this is a pretty important you get an individual court order, you in 2006 and early 2007 what is at stake, point because they want us to live in use emergency circumstances, and you this has been a fight that has been fear and give up the Fourth Amend- could still get access to information. going on for 8 years. ment, but it turns out even the prac- The response by our government, An additional reason I appreciate the tical argument is not an accurate one which contributed mightily to the Senator from Kentucky being here now because it turns out that almost al- problem by the NSA’s overreach in the is that for these 8 years and multiple ways, if not always, the terrorists seem first place, was our government saying: reauthorizations, it has always been to be caught through sort of the nor- Nope. You are not going to be able to the same pattern. It was almost like mal channels of human intelligence, use that encryption to bring back the the night follows the day. Those who suspicion, and finding out something confidence that Americans and people were in favor of dragnet surveillance about them that causes us to inves- around the world have in your prod- and those who were in favor of the bulk tigate them. ucts. There were projections that these collection program, in effect, wait I, like the Senator from Oregon, do companies were already losing billions until the very last minute and then want to catch terrorists and I also and billions of dollars in terms of the they say: Oh, my goodness. It is a dan- want to keep our freedom at the same consequences of loss of privacy. gerous world. We have to continue this time. I think it was a pretty important The response of the government was program just the way it is. conclusion, not only by the review to say: We are looking at requiring you Well, I tell my colleague from Ken- board but also by the Privacy and Civil to build weaknesses into your products tucky, and I know he shares my view Liberties Oversight Board as well, the and, in effect, create a backdoor so we on this, that there is no question that review panel, two groups of folks from can get easy entry. it is a very dangerous world. Anybody the administration. (Mr. GARDNER assumed the Chair.)

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.069 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3130 CONGRESSIONAL RECORD — SENATE May 20, 2015 I know at townhall meetings at home run the agency because we have en- been a kind of informal tradition in the in Oregon, I have talked about the con- trusted them with such enormous Intelligence Committee of being re- cept of our government requiring com- power to look through information. spectful of that. We didn’t get that re- panies to build weaknesses into their Then, when they come to us and say, quest, so I asked it. When I asked: Does products. People just slap their fore- ‘‘Well, you have to give up a little the government collect any type of heads. They say: What is that all more liberty; you have to give up a lit- data at all on millions of Americans, about? It is your job to make sure we tle bit more in order to get security,’’ the Director said no. I knew that have policies that both secure our lib- we have to trust the information be- wasn’t accurate. That was not a forth- erty and keep us safe. It is not your job cause they control all of the informa- right, straightforward, truthful an- to tell companies to build weaknesses tion they give us. And then we find— swer, so we asked for a correction. We into their products. when we ask a high-ranking official in couldn’t get a correction. In effect, you have to just throw up the committee whether they were I would say to my colleague that your hands when they say: We can’t do doing bulk collection of data and the since that time, the Director or his it, so the company ought to build answer was not true—they said they representatives have given five dif- weaknesses into the products. weren’t doing something that they ob- ferent reasons why they responded as As my colleague said, I pointed out viously were doing—it makes us dis- they did, further raising questions in that once you do that, it will not just trust the whole apparatus. my mind, not with respect to the rank- be the good guys who have the keys, it I agree with the Senator from Oregon and-file in the intelligence commu- will be bad guys who have the keys at that the vast majority of law enforce- nity—the thousands and thousands of a time when we are so concerned about ment and the intelligence community hard-working members of the intel- cyber security. are good people. They are patriotic. ligence community my colleague and I I wish to ask my colleague one other They want to stop terrorism, as we all feel so strongly about and respect so question on one other topic he and I do. But what we are arguing about is greatly. have spoken about at great length. Is the process and the law and the Con- I wish to ask just one other question the Senator from Kentucky troubled stitution and trying to do it within the with respect to where we are at this by the fact that a number of high-rank- confines of the Constitution. But when point and what is ahead. As long as the ing intelligence officials have not been we have someone at the very top who Senator from Kentucky holds the floor, forthright in recent years with respect doesn’t tell the truth in an open hear- no one will be able to offer a motion to to this bulk collection and the col- ing under oath, that is very troubling consider an extension of the USA PA- lecting of data on millions or hundreds and makes it difficult. TRIOT Act. But at some point in the of millions of Americans? As my col- Mr. WYDEN. I appreciate my col- near future, whether it is this weekend league knows, I have been particularly league’s assessment on that issue. He or next week or next month, my anal- troubled by this. knows that it was very troubling that ysis is the proponents of phone record I ask the question because my col- in 2012 and in 2013, we just weren’t able collection are going to seek a vote in league and I have pointed out that we to get straight answers to this question the Senate to continue what I consider have enormous admiration for the of collecting data on millions or hun- to be this invasion of privacy of mil- rank-and-file in the intelligence field. dreds of millions of Americans. lions and millions of law-abiding Amer- These are individuals who day in and My colleague will recall that the icans. When that happens, I intend to day out get up in the morning and con- former NSA Director said that—he had use every procedural tool available to tribute enormously to the well-being of been to a conference—and that he was me to block that extension. And if at the American people, and we have not involved in collecting ‘‘dossiers’’ least 41 Senators stand together, we enormous respect for them. We are on millions of Americans. Having been can block that extension and block it grateful to them. They are patriots, on the committee at that point for indefinitely. If 41 Senators stick to- and they serve us well every day. I per- over a dozen years, I said: Gee, I am gether, there isn’t going to be any sonally do not think they have been not exactly sure what a ‘‘dossier’’ short-term extension, and finally, after well-served by the fact that a host of means in that context. something like 8 years of working on high-level intelligence officials have So we began to ask questions, both this issue, finally we will be saying no not exactly been straight or forthright public ones, to the extent we could, and to bulk phone record collection. with the Congress and the American private ones, about exactly what that I am certain I know the answer to people on these issues. meant, and we couldn’t get answers to this question, but I think we both want I would be interested in the views of those questions. We just couldn’t get to be on the RECORD on this matter. my colleague on this subject because answers. When that vote comes, the Senator is we have discussed this at some length. The Intelligence Committee tradi- going to be one of the 41 Senators who I am glad to be able to put it in the tionally doesn’t have many open hear- are going to block that extension. I context of making sure that Americans ings. By my calculus, we probably get have appreciated his leadership. know that the two of us greatly respect to ask questions in an open hearing for I would just like his reaction to our the thousands of people who work in maybe 20 minutes, maximum, a year. efforts to go forward once again when the intelligence field and serve us well So after months and months of trying we have to do it with proponents of and do and have done the things nec- to find out exactly what was meant, we mass surveillance seeking an actual essary to apprehend and kill bin Laden felt it was important to ask the Direc- vote to continue business as usual with but that we are concerned about the tor of National Intelligence exactly respect to dragnet surveillance. question of the veracity, the forth- what was meant by these ‘‘dossiers’’ Mr. PAUL. I think the American peo- rightness of some of the members of and government collecting data and ple are with us. I think the American the intelligence community at the the like. So at our open hearing, I said: people don’t like the idea of bulk col- highest levels. What is the reaction of I am going to have to ask the Director lection. I think the American people my colleague to that? of National Intelligence about this. are horrified. Mr. PAUL. I think the vast majority And because I have long felt that it I think it will go down in history as of the intelligence community, as are was important not to try to trick peo- one of the most important questions the vast majority of policemen, good ple or ambush them or anything of the we have asked in a generation when people. They are trying to do what is sort, we sent the question in advance the Senator from Oregon asked the Di- best for the country. They are patriotic to the head of national intelligence. We rector of National Intelligence: Are people, and they are really trying to do sent the exact question: Does the gov- you gathering in bulk the phone what is necessary within the confines ernment collect any type of data at all records of Americans? And when he of the law. on millions of Americans? We asked it didn’t tell the truth and then when the The issue is that the intelligence so that he would have plenty of time to President kept him in office and then community has such vast power, and a reflect on it. We waited to see if the Di- how that led to this great debate we lot of it is secret power. So we have to rector would get back to us and say: are having now—I think the American have a great deal of trust in those who Please don’t ask it. There has always people are with us.

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There may be enough of us now called sources and methods—they abso- we may not agree on 100 percent of to say: Hey, wait a minute, you are not lutely have to be secret and classified issues, but on a few, we are exactly to- going to steam roll through once again because if they are not, Americans gether, and we don’t split the dif- something that isn’t even doing what could die. Patriotic Americans who ference. It isn’t always about splitting you said it is going to do. work in the intelligence community the difference. No one said at the time of the PA- could suffer grievous harm if sources You can have true, healthy biparti- TRIOT Act that it meant we could col- and methods and the actual operations sanship, Republican, Democrat, Inde- lect all records of all Americans all the were in some way leaked to the public. pendent coming together on a constitu- time. In fact, in the House, one of the But the law should never be secret. The tional principle, coming together on cosponsors of the bill, JAMES SENSEN- American people should always know something that is important. BRENNER, knew all about the PATRIOT what the law means. And yet, with re- I didn’t come to the floor today be- Act. He was a proponent of the PA- spect to bulk collection and why that cause I want to get some money for one TRIOT Act, and he said never in his court decision was so important, what individual project for one person. I wildest dreams did he think that what happened was that a program that had came because I want something for ev- erybody. I want freedom for everybody, he voted for would say we could gather been kept secret, that had been and I want protection for the indi- all the records all the time. propped up by secret law, was declared vidual. I want protection against the But I am interested in another ques- illegal by an important court. tion, and that would be whether the So I will just wrap up by way of say- government’s invasion of your privacy. I thank the Senator from Oregon for Senator from Oregon has a question ing that the Senator from Kentucky his insightful questions. that will help us to better understand, and I have always done a little kidding One of the things we talked a little if we were to stop bulk collection to- over the years about our informal Ben bit about as Senator WYDEN and I were morrow, if we were to eliminate what Franklin caucus. Ben Franklin was al- going through a series of questions was is called section 215 of the PATRIOT ways talking about how anybody who some of the different boards that have Act, if we were to do that, is there still gave up their liberty to have security been put in place by the President and concern and worry about what is called really deserves neither. have come out and said that the pro- Executive Order 12333? I just want to tell my colleague that gram—the Executive order—the Presi- I am not aware of whether the Sen- I am very appreciative of his involve- dent put in place two panels, a review ator can or can’t talk about this or ment in this. From the time my col- panel and another one called the Pri- what is public. From what I have read league came to the Senate, he has been vacy and Civil Liberties Oversight in public and from one of the insightful a very valuable ally in this effort. My Board, and, interestingly, both panels articles from John Napier Tye, the sec- colleague recognized this was not told him the same thing: that what he tion chief for Internet freedom in the about balance. This is a program that was doing was illegal and wrong and it State Department, he has written that doesn’t make us safer but compromises ought to stop. Then the President came his concern is that this Executive order our liberty. It is not about balance. out and said ‘‘That is great,’’ but then may well allow a lot of bulk collection And at page 104, you can read that the he keeps doing it. that is not justified and not given sanc- President’s own advisers say that. I don’t quite understand because I tion under the PATRIOT Act. So I am very pleased that the infor- like the President and I take him at Does the Senator from Oregon have a mal Ben Franklin caucus is back in ac- his word, and he says: Well, yes, I am question that might help the American tion this afternoon. I look forward to balancing this and that, and they told public to understand that? working closely with my colleagues on me this, and if Congress stops it, I will Mr. WYDEN. I would just say to my this. As I indicated by my question, I obey Congress. It is like, we didn’t colleague that we always have to be expect we will be back on the floor of start this. The President started this vigilant about secret law. And we have, this wonderful body before long having program by himself. He didn’t tell us in effect, found our way into this omi- to once again tackle this question of about it. Maybe one or two people nous cul-de-sac that the Senator from whether it ought to be just business as knew about it. Almost all of the rep- Kentucky and I have been describing usual and a re-up of a flawed law. My resentatives didn’t know about it, and here this afternoon really because of colleague and I aren’t going to accept no Americans knew about it. And then secret law. that. when we asked them about it, they lied As I wrap up with this question and I thank him for his work today. to us and said they weren’t doing it. hearing the concern of my colleague— These discussions and being on your The President has two official panels, because I think that is what is at the feet hour after hour are not for the and they both said it is illegal and heart of his question, that ‘‘secret law’’ fainthearted. I appreciate my col- ought to stop. And the PATRIOT Act is what the interpretation is in the in- league’s leadership, and I once again doesn’t justify what they are doing. telligence community of the laws writ- yield the floor back to him. And this was all created by Executive ten by the Congress. Very often those Mr. PAUL. Mr. President, I would order. secret interpretations are very dif- like to thank the Senator from Oregon, So what is the President’s response? ferent from what an American will and I would like to point out to the He just keeps collecting your records. read if they use their iPad or their American people, to people who are al- Does nobody in America think this is laptop. For example, on section 215, ways crying out and saying ‘‘Why can’t strange or unusual that the President bulk phone records collection, I don’t you work together? Why can’t you will continue a program that his own think very many people in Kentucky or work with the other side?’’ that I think advisers tell him is illegal and that the Oregon took out their laptop, read the we have a false understanding some- courts have now said is illegal, and he PATRIOT Act, and said: Oh, that au- times of compromise. The Senator goes on. thorizes collecting all the phone from Oregon is from the opposite But this isn’t all one-sided. That is records on millions of law-abiding party. We are in two opposite parties, for one political party. But in my polit- Americans. and we don’t agree on every issue. But ical party, there are people saying: I There is nothing that even suggests when it comes to privacy and the Bill guess the President’s advisers say it is something like that, but that was a se- of Rights and what we need to do to illegal, the court says it is illegal, but, cret interpretation. protect the Fourth Amendment, we are man, they are not collecting enough. I So I am very glad the Senator from not splitting the difference to try to just wish they were collecting more Kentucky has chosen to have us wrap find a middle ground between us. We Americans’ records without a warrant. up at least this part of our discussion both believe in the Fourth Amend- What a bizarre world, that people with the questions that we have di- ment. We both believe in protecting don’t seem to be listening to the

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They said that an repeal the PATRIOT Act, they would balance all the competing concerns. order was given so that the NSA is ‘‘to still do what they want. Your govern- I think it is time that we trust the collect nearly all call detail records ment has run amok. Things are run- American people by having an honest generated by certain telephone compa- away, and the government really is not discussion with them emanating from nies in the United States. . . .’’ Some- paying attention to the rule of law. right here on the floor of the Senate. It times when you read a sentence, you For the first time, in 2006, the court is time to discuss and debate and to don’t quite get to the importance. got involved. The intelligence court at amend the House-passed USA FREE- ‘‘Nearly all.’’ So we are not talking that time finally heard the first order DOM Act. about 1,000 records. We are not talking under section 215. So for 5 years they I am confident that Senator PAUL about 1 million records. We are talking were collecting all the phone records and others among my colleagues who about nearly all of the records in the with just a Presidential order. Now we have different ideas from mine will be entire United States. There are prob- do it under the PATRIOT Act. happy to offer and debate amendments ably over 100 million phones, I am But the rule of law is about checks to improve it and make it something thinking, in the United States, so over and balances. It is about balancing the perhaps that they could even support. 100 million records. Every record has executive branch and the legislative In fact, as far as I am aware, Senator thousands of pieces of information in branch and the judiciary branch. It is PAUL and others have amendments it, so we are talking about billions of about balancing the police in the judi- that they are eager and anxious and bits of information that the govern- ciary. We talked about warrants and willing and ready to present and to ment is collecting. the police not writing warrants. have discussed here on the floor and I don’t have a problem if they want I see on the floor one of the Nation’s voted on right here on the floor of the to collect the phone data of terrorists. leading experts in the Fourth Amend- Senate. In fact, I want them to. I don’t have a ment and the Constitution, who has re- But first I am calling on my Repub- problem if they will go 100 hops into cently written a book on this, and I lican and Democratic colleagues to the data if they have a warrant. If John told him recently I have been stealing help repair the dysfunctional legisla- Doe has a warrant, look at all his his story and at least half the time giv- tive branch we have inherited, to re- phone records. Ask a judge to put his ing him credit for it. But I talked ear- build the Senate’s reputation as not name on the warrant and look at all of lier on the floor about the story of only our Nation’s but the world’s his records. If there are 100 people he John Wilkes, and if the Senator from greatest deliberative body, and, by ex- called and they are people you are sus- Utah is interested in telling us a little tension, slowly restore the public’s picion of, call them, too. Go to the next bit of the story, I would like to hear a confidence in who we are and what we hop, go to the next hop, go to the next little bit from his angle or in the form are here to do here in the Senate. hop. There is no limit. But just do it of a question or any other question he The greatest challenge to policy- appropriately. Do it appropriately with has. making today is perhaps distrust. The a warrant with somebody’s name on it. Mr. LEE. I would like to be clear at American people distrust their govern- I see no reason why we can’t do this the outset that while the Senator from ment. They distrust Congress in par- with the Constitution. Kentucky and I come to different con- ticular. It is not without reason. For We are now collecting the records of clusions with regard to the specific their part, Washington policymakers hundreds of millions of people without question as to whether we should allow seem to distrust the people. a warrant, and I think it needs to stop. section 215 of the PATRIOT Act to ex- Almost as pressing for the new ma- The President’s own commission says pire, I absolutely stand with the junior jority here in the Senate is that the to stop. Here is what the commission Senator from Kentucky and, more im- distrust that now exists between grass- says: ‘‘From 2001 through early 2006 the portantly, I stand with the American roots conservative activists and elect- NSA collected bulk data based on a people. ed Republican leaders can be particu- Presidential authorization.’’ With regard to the need for a trans- larly toxic. Leaders can respond to this So, interestingly—and this ought to parent, open amendment process and kind of distrust in one of two ways. scare you, too—they didn’t even use for an open, honest debate in front of One option involves the bare-knuckles the PATRIOT Act in the beginning at the American people on the important kind of partisanship that the previous all. The President just wrote a note to issues facing our Nation, including this Senate leadership exhibited over the the head of the NSA and said: Just one—and I certainly agree with the last 8 years, twisting rules, blocking start collecting all their stuff, without Senator from Kentucky that the Amer- debate, and blocking amendments, any kind of warrant. And then later on ican people deserve better than what while systematically disenfranchising they started saying: Well, maybe the they are getting, and, quite frankly, it hundreds of millions of Americans PATRIOT Act justifies this. But for 5 is time that they expect more from the from meaningful political representa- years they collected data with no war- Senate. tion right here in this Chamber. But rant and with no legal justification, On issues as important as this one, this is no choice at all. Contempt for and they do it through something they on issues as important as the right to the American people and for the demo- call the inherent powers of the Presi- privacy of our citizens and our national cratic process is something Repub- dent, article II powers. security, this is not a time for more licans should oppose in principle. In Article II is the section of the Con- cliffs, more secrecy, and more elev- fact, it is something we oppose in prin- stitution that gives the President pow- enth-hour backroom deals that are de- ciple. ers. We designate what the President signed to mix conflict, mix crisis in a We should throw open the doors of can do. Article I designates what we previously arranged time crunch in Congress, throw open the doors of the can do. Interestingly, our Framers put which the American people are pre- Senate, and restore genuine represent- article I first, and those of us in Con- sented with something where they ative democracy to the American Re- gress think that maybe they thought don’t really have any real options. public. What does this mean? Well, it the powers of Congress were closer to It is time for the kind of bipartisan, means no more cliff crises, no more se- the people and more important, and bicameral consensus I believe is em- cret negotiations, no more ‘‘take it or they gave delegated powers to us, and bodied in the USA FREEDOM Act. leave it’’ deadline deals, no more pass- they were very specific. While I often criticize Congress for our ing bills without reading them, and no But what concerns me about the bulk economic deficits, our financial defi- more procedural manipulation to block collection is that for 5 years it wasn’t cits, the core of this current challenge debate and compromise. These are the

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The throughout America would celebrate if we hope to succeed is that the Amer- North Briton took a different angle. the cause of freedom by celebrating the ican people’s distrust of their public in- The North Briton took the angle that number 45. It was not uncommon for stitutions is totally justified. There is it was supposed to be in the interests of people to buy drinks for their 45 closest no misunderstanding here. Americans the people that he reported the news friends. It was not uncommon to write are fed up with Washington, and they and that he made commentary. So in the number 45 on the side of buildings, have every right to be. The exploited the North Briton John Wilkes would taverns, saloons. It was not uncommon status quo in Washington has cor- occasionally be so bold as to criticize for the number 45 to be raised in con- rupted America’s economy and their or question King George III and the ac- nection with cries for the cause of lib- government, and its entrenched defend- tions of the King and of the King’s erty. So the number 45, the name John ers, powerful and sometimes rich in the ministers. Wilkes, and the cause of liberty all be- process. This situation was created by This proved problematic for some in came wrapped up into one. both parties, but repairing it is now the administration of King George III. It was against this backdrop that the going to fall to those of us in this body The last straw seemed to come with United States was becoming its own right now. It is our job to win back the the publication of the 45th edition of Nation. When it did become its own Na- public’s trust. That cannot be done the North Briton, North Briton No. 45. tion, when we adopted a Constitution, simply by passing bills or even better When North Briton No. 45 was released, and when we decided shortly thereafter bills. The only way to gain trust is to the King and his ministers went crazy. to adopt a Bill of Rights, one of the be trustworthy. I think that means Before long, John Wilkes found himself very first amendments we adopted was that we have to invite the people back arrested. John Wilkes found himself the Fourth Amendment. The Fourth into the process, to give the bills we do subjected to a very invasive search pur- Amendment responded to this par- pass the moral legitimacy that Con- suant to a particular type of warrant. ticular call for freedom by guaran- gress alone no longer confers. It had become, unfortunately, all to teeing that in the United States we In order to restore this trust, Mem- common in that era, a type of warrant would not have general warrants. The bers will have to expose themselves to we will refer to as a general warrant. Fourth Amendment makes that clear. inconvenient amendment votes, incon- Rather than naming a particular place It contains a particularity requirement venient debate and discussion, and or a particular person where things stating that any persons or things sub- scrutiny of legislation we are consid- would be searched and seized, this war- ject to search warrants would have to ering. The result of some votes in the rant simply identified an offense and be described with particularity. The face of certain bills may, indeed, prove said: Go after anyone and everyone persons would have to be identified or unpredictable, but the costs of an open who might in some way be involved in at least an area or a set of objects source, transparent process are worth it. It gave unfettered, unlimited discre- would have to be identified rather than it for the benefits of greater inclusion tion to those executing and enforcing the government just saying: Go after and more diverse voices and views and this warrant as to how and where and anyone and everyone who might be for the opportunity such a process with respect to whom this warrant connected with this offense or with would offer to rebuild the internal and might be executed. this series of events. the external trust needed to govern So they went through his house even At that time, there were no such with legitimacy. though he was not named in the war- things as telephones. Those would not My friend and colleague, the junior rant, even though his home, his ad- come along for a very long time. They Senator from Kentucky, has referred to dress, was not identified in the war- certainly did not imagine, could not a story of which I have become quite rant. They searched through every- have imagined, the types of commu- fond, a story that I have written about thing. John Wilkes was, understand- nications devices we have today. Nev- and talked about in various venues ably, outraged by this, as were people ertheless, the principles that they em- throughout my State and throughout throughout the city of London when braced at the time are still valid today, America. It relates to a lawmaker, a they became aware of it. John Wilkes, and they are still relevant today. The lawmaker who served several hundred while in jail, decided he was going to principles embodied in the Fourth years ago, a lawmaker named John fight back. He fought in open court the Amendment are still very much appli- Wilkes—not to be confused with John terms and the conditions of his arrest. cable today. The freedom we embraced Wilkes Booth, Lincoln’s assassin. This He ended up fighting against this gen- then is still embraced today by the John Wilkes served in the English Par- eral warrant. He eventually won his American people, who, when they be- liament in the late 1700s. freedom. come aware of it, tend to be offended In 1763, John Wilkes found himself at Over time, he was reelected repeat- by the notion that the NSA can go out the receiving end of anger and resent- edly to Parliament. In time, he also and get an order that requires the pro- ment by the administration of King brought a civil suit against King viders of telephone services to just give George III. King George III and his George III’s ministers who were in- up all of their data, give up all of their ministers were angry with John volved in the execution of this general calling records, to give those over to a Wilkes. warrant, and he won. He was awarded government agency that will then put At the time, there were these weekly 4,000 pounds, which was a very substan- them into a database and keep track of news circulars, weekly news magazines tial sum of money at the time. The where everyone’s telephone calls have that went out and would often just other people who were subjected to the gone. extol the virtues of King George III and same type of search under the same The idea behind this program is to his ministers. One of them was called general warrant were also awarded a build and maintain a database storing the Briton. The Briton was written, recovery under this same theory, to information regarding each call you produced, and published by those who the point that in present-day terms, have made and each call that has been were loyal to the King, and they would there were many millions of dollars made to you, what time each call oc- say only glowing things about the that had to be paid out by King George curred, and how long it lasted. This is King. They would write things about III and his ministers to the plaintiffs an extraordinary amount of informa- the King saying: Oh, the King is fan- who sued under this theory that they tion, information that, while perhaps tastic. The King can do no wrong. Had were unlawfully subjected to a search relatively innocuous in small pieces, sliced bread been invented as of 1763, I under a general warrant. when put together in a single data- am sure the Briton would have re- In time, the number 45, in connection base—one that includes potentially ported that the King was the greatest with the North Briton No. 45—the pub- more than 300 million Americans, one thing since sliced bread. All they could lication that had sparked this whole that goes back 5 years at a time—can

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We from using that same interpretation— example, that through metadata alone, know that even though the people mistaken interpretation but an inter- it could be ascertained how old you working at the NSA today might well pretation nonetheless—of section 215 in are, what your political views are, your have only the noblest of intentions, a way that would allow—there is noth- religious affiliation, what activities over time these kinds of programs can ing stopping them from using that you engage in, the condition of your be abused, and we know a lot of people same misinterpretation of a statutory health, and all other kinds of personal in America understand the potential language for the purposes of gathering information. for this abuse. metadata on credit card usage, on on- One of the reasons this is distressing Thirdly, I have to point out that the line activity, on emails sent online and is, that, unlike a program that would NSA currently is collecting metadata received. From that you can discern involve listening to the content of your only with respect to phone calls. But even more information about a per- telephone calls—which, of course, is under the same reading of section 215 son’s profile. You can come up with a not at issue with respect to this pro- of the PATRIOT Act that the NSA has very frighteningly accurate picture of gram—all of this can be done with a used to collect this metadata—a read- anyone based on that kind of high degree of automation, such that ing with which I disagree and a reading metadata, just as you can now, but those intent on abuses could do so with with which the U.S. Court of Appeals that would give them an even bigger relative ease, with the type of ease for the Second Circuit disagreed in its picture. That would be an even greater that they would not have access to ab- thoughtful, well-written opinion just affront to the privacy interests of the sent this type of automation. about 2 weeks ago—even though the American people. Sometimes people are inclined to ask NSA is currently collecting only tele- All of this relates back to the idea me: Where is the evidence that this phone call metadata right now, there is that the government shouldn’t be able particular program is being abused? nothing about the way the NSA reads to go out and say: Here is a court What can you point to that suggests section 215 of the PATRIOT Act—which order. We want all of your information. anyone has used this for a nefarious po- is incorrect, by the way, an incorrect We want all of your data. Just give it litical purpose or for some other ille- reading—but there is nothing about to us because we might want it later. gitimate purpose not connected with that reading that would limit the NSA This type of dragnet operation is in- protecting American national security? to collecting only metadata related to compatible with our legal system. It is I have a few responses to them. First telephone calls. incompatible with hundreds of years of and foremost, we do need to look to the So who is to say the NSA might de- Anglo-American legal precedence. It is Constitution, both to the letter and cide tomorrow or next year or a couple incompatible with the spirit, if not the spirit of that founding document that of years from now—if we reauthorize letter, of the U.S. Constitution, and it has fostered the development of the this—or at some point down the road is not something we should embrace. At the end of the day, we need to do greatest civilization the world has ever during a period of reauthorization, that something with this program. Not ev- known. It isn’t important for its own the NSA will not decide at that point eryone in this Chamber agrees on what sake simply because we have taken an to begin collecting other types of that something is, and not everyone in oath to uphold, protect, and defend it metadata, not just telephone call this Chamber who believes we need re- as Members of this body. The Constitu- metadata but perhaps credit card form or who believes the NSA’s pro- tion is an end unto itself. It is impor- metadata, metadata regarding people gram of bulk metadata collection is tant that we follow it regardless of who reserve hotels online, regarding wrong agrees on the same solution. But whether we can point to some par- emails that people send or receive, re- the way for us to get to a solution ticular respect in which this particular garding Web sites that people visit on- must involve open, transparent debate program has been abused. line, regarding online transactions that and discussion, and it absolutely Secondly, even if we assume, even if occur. Those are all different types of should involve an open amendment we stipulate for purposes of this discus- metadata. process. sion that no one within the NSA is cur- Now, again, I disagree with the NSA’s So if there are those who have con- rently abusing this program for nefar- legal interpretation of section 215 of cerns with the legislation passed by the ious political purposes or otherwise, the PATRIOT Act. I think they are House of Representatives last week by even if we assume no one within the abusing it. I think they are misusing a vote of 338 to 88, I welcome their NSA currently is even capable of abus- it. I think they have dangerously mis- input. I welcome any amendments they ing or has any inclination to abuse this construed it, just as the U.S. Court of may have. I welcome the opportunity program at any point in the future, I Appeals for the Second Circuit con- to make the bill better, to make it would ask the question: Can we say we cluded a few weeks ago. But this is more compatible with this or that in- are certain that will always be the their interpretation. And if we reau- terest, to make it do a better job of case? Who is to say what might happen thorize this, are we not reauthorizing, balancing the privacy and national se- 1 year from now, 2 years from now, 5 in some respects, or at least enabling curity interests at stake. years, 10 years or 15 years from now? them to continue this? I don’t think we But we have to have that debate and We know how these things happen. are validating or ratifying what they discussion, and we have to have that We understand something about human are doing. process in order for the American peo- nature. We understand what happens to Their interpretation of it is still ple to be well represented and well human beings as soon as they get a lit- wrong, but we are enabling them to en- served. We cannot continue to function tle bit of power. They tend to abuse it. gage in a continued ongoing practice of by cliff. Remember the investigation brought abuse of the plain language of section Government-by-cliff is a recipe for about by Senator Frank Church in the 215, which requires that anything they disaster. Government-by-cliff results in 1970s. Senator Frank Church, when he collect be relevant to an investigation. a take-it-or-leave-it, one-size-fits-all investigated wiretap abuses—abuses of Well, their interpretation of ‘‘rel- binary set of choices that disserve the technology that was still only a few evant to the investigation’’ is we might American people. Government-by-cliff decades old back in the 1970s when this at some point in the future deem this all too frequently results in temporary occurred—the Church Committee con- material relevant to what we might at extensions rather than some type of cluded, among other things, that every some point in the future be inves- lasting legislative solution that can Presidential administration from FDR tigating. That cannot plausibly, under help the American people feel more through Richard Nixon had abused our any interpretation of the word ‘‘rel- comfortable that they are being well Nation’s investigative and counter- evance,’’ be acceptable. And it was on represented. intelligence agencies for partisan, po- that basis that the Second Circuit re- So I would ask my distinguished col- litical purposes to engage in political jected the NSA’s interpretation. league, my friend the junior Senator

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.078 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3135 from Kentucky, if there are not ways here today is that I have been working Mr. HEINRICH. Yes. I thank my in which we could come to an agree- on five or six amendments for a year friend from Kentucky and ask him if he ment, if we as a body couldn’t come to now with Senator WYDEN, so we have would yield for a question without los- an agreement on how best to resolve bipartisan support for a series of ing his right to the floor. this difficult circumstance, if the cause amendments. These are what we think I want to start out by prefacing this of protecting American national secu- would be best to fix this problem. Cer- for a few minutes, from my limited ex- rity is irreconcilably in conflict with tainly, when we have had 3 years to perience—just over the past a little the privacy interests that are part of wait for this moment, we ought to have over 2 years, and I am on the Intel- the Fourth Amendment and, most im- enough time to vote on five or six ligence Committee now—by saying portantly, I would ask my friend from amendments. there is simply no question that our Kentucky if privacy isn’t, in fact, part So that is really, I think, what we Nation’s intelligence professionals are of our security rather than being in are asking of the leadership of both incredibly dedicated, patriotic men and conflict with it. sides—is permission. Because, really, in women who make real sacrifices to I would be interested in any thoughts this body, everybody has to agree to let keep our country safe and free and, in my friend from Kentucky might have you vote on something or no votes hap- that, they should be able to do their on that issue. pen. job, secure in the knowledge that their Mr. PAUL. Mr. President, the Sen- We have done a better job this year. agencies have the confidence of the ator from Utah makes a very good We are voting on more amendments, American people. And Congress—those point and also asks some very good but this is still one of those occasions of us here—needs to preserve the abil- questions. where we are butting up against a ity of those agencies to collect infor- In saying that we tend to work deadline. My fear is that without ex- mation that is truly necessary to guard against headlines here, I often say we traordinary measures—which I am against real threats to our national se- lurch from deadline to deadline, and hopefully trying to do today—that we curity. the American people wonder what the may not get a vote on amendments and The Framers of the Constitution, as heck we are doing in between the dead- we may not get adequate time to de- my colleague from Kentucky knows, lines. bate this, I think, important issue. declared that government officials had The PATRIOT Act has been due to Some of the amendments we have no power—no power—to seize the expire for 3 years. It is on a sunset of been interested in presenting as a way records of individual Americans with- 3 years. We knew 3 years ago that this to fix this—so first you have to agree out evidence of wrongdoing. And it was debate was coming. There should be with what the problem is. We think the so important that they literally en- plenty of time and, I think, adequate problem is that the government shrined and embedded this principle in time to discuss issues that affect the shouldn’t collect all of your phone the Fourth Amendment to the Con- Bill of Rights, that affect rights that records all of the time without putting stitution. were encoded into our Constitution your name on a warrant, without tell- In my view, the bulk collection of from the very beginning. ing a judge that they have suspicion Americans’ private telephone records So I think without question the issue that you have committed a crime. We by the NSA in this program clearly is of great importance and then we think that collecting everyone’s phone violates the spirit—if not the letter—of should debate it. But too often budg- records all of the time without sus- the intentions of the Framers here. etary measures—or maybe this meas- picion is sort of like a general warrant. Just 6 months after my first Senate ure—get so crowded up against dead- It is like a writ of assistance, it is like intelligence briefing, former National lines that people are like: Oh, we don’t what James Otis fought against, it is Security Agency contractor Edward have time for amendments. The prob- like what John Adams said was the Snowden leaked documents that ex- lem is, if you don’t have amendments, spark that led to the American Revolu- posed the NSA’s massive collection of you are not really having debate. tion. Americans’ cell phone and Internet I think the Senator characterized So we think the American people data. And as my friend from Kentucky very well that we both agree the bulk also believe this, that the American said, not just a few Americans but lit- collection of data is wrong. We think people believe their records shouldn’t erally millions of innocent Americans that goes against the spirit and the let- be collected in bulk, that there should were caught up in what is effectively a ter of the Constitution. not be this enormous gathering of our dragnet program. However, at least half of us that we records. It was made clear to the public that would encounter in this body don’t What we need to do is get to a con- the government had convinced the even agree with that supposition. They sensus where everybody agrees that is FISA Court to accept a sweeping rein- believe, as many of them have pointed a problem. But the body is still divided. terpretation of section 215 of the PA- out, we are not collecting enough, and About half of the Senate believes we TRIOT Act, which ignited, in my view, they don’t care how we collect it, let’s should collect more records, that we a very necessary and long overdue pub- just collect more. are not invading your privacy enough, lic conversation about the trade-offs So we are on different sides of opin- that privacy doesn’t matter—that, by made by our government between pro- ion, two groups here. And then some of golly, let the government collect all of tecting our Nation and respecting our us aren’t exactly on the same page as your records to be safe. constitutional liberties. to the solution, but we agree on the Well, when the privacy commission I think well-intentioned leaders had, problem. I think you could work looked at this, when Senator WYDEN during the previous decade, come down through to the solution if you all looked at this, and when other people decidedly on the side of national secu- agreed it is a problem and that the who have the intimate knowledge rity with a willingness to sacrifice pri- American people think we have gone looked at this, their conclusion was vacy protections in the process. And too far. that the bulk collection of our records, what became obvious was that because I think that is what the purpose of this invasion of privacy, isn’t even of our continued lack of knowledge of some of this debate today is, hopefully working, that we aren’t capturing ter- Al Qaeda and other terrorist organiza- to draw in the American public and rorists we wouldn’t have caught other- tions, some within our government be- have them call their legislators and wise by this information. So the prac- lieved we still needed to collect every say: Enough is enough. You shouldn’t tical argument that says we will give scrap of information available in order be collecting my data unless you sus- up our privacy to keep us safe, even to ensure that, should we ever need it, pect me of a crime, unless my name is that argument is not a valid argument. we could query this information and on the warrant. Unless you had a judge But we have been looking at some of track down U.S.-based threats. In sign the warrant for me, you shouldn’t the possible solutions—and I see the doing so, the government ended up col- be collecting all the data of all Ameri- Senator from New Mexico and would be lecting billions of call data records, cans all the time. pleased to entertain a question if he linked in case after case after case not I think part of our problem is the has a question. to terrorists but to innocent Ameri- deadlines, and part of the reason I am (Mr. LEE assumed the Chair.) cans.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.081 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3136 CONGRESSIONAL RECORD — SENATE May 20, 2015 Wisconsin Republican Congressman of these phone records and instead body to represent the will of the peo- JIM SENSENBRENNER, who I served with focus more narrowly on the records of ple. And I think the will of the people in the House of Representatives, who actual terrorists. is very clear that the majority of peo- was one of the authors of the original Americans value their independence. ple think we have gone too far and that underlying legislation—the PATRIOT I know this is especially true in my we need to stop this indiscriminate Act itself—said a couple of years ago: home State of New Mexico. They cher- vacuuming up of all Americans’ phone ‘‘The PATRIOT Act never would have ish their right to privacy that is guar- records regardless of whether there is passed . . . had there been any inclina- anteed by our Constitution. But some suspicion. tion at all that it would have author- of our colleagues still think it is OK for Mr. HEINRICH. Mr. President, I ized bulk collections.’’ the government to collect and hold would ask the Senator from Kentucky As this debate increasingly moved to millions of private records from inno- an additional question. I found it very the public sphere, I joined my col- cent citizens and to search those helpful before I came to the floor leagues on the Select Committee on In- records at will. today—and I want to thank my col- telligence—Senator WYDEN, who was The majority leader is asking us to league again for raising these critical just here on the floor a few minutes act quickly to reauthorize. I believe it issues—to go back and read the Fourth ago, and former Senator Mark Udall— would be a grave mistake to reauthor- Amendment, and I thought it would be in pressing the NSA and the Director of ize the existing PATRIOT Act, and I worthwhile just to briefly read that National Intelligence for some clear join my colleagues in blocking any ex- once again here on the floor because I examples in which the bulk informa- tension of the law that does not in- think it really puts you in the mind of tion collected under this metadata pro- clude major reforms, including an end some of the greatest Americans who gram, under section 215, was uniquely to bulk collection. ever lived. responsible for the capture of a ter- I think we can and we must balance Our Framers wrote a constitution rorist or the thwarting of a terrorist government’s need to keep our Nation that has survived for well over 200 plot. They could not provide any—not safe with its sacred duty to protect our years now. It has survived Republicans. a single solitary example—nor could constitutionally guaranteed liberties. It has survived Democrats. It has sur- they make a case for why the govern- And I guess this brings me to my ques- vived political parties that came and ment had to hold the data itself and tion for the Senator from Kentucky. went, and it has survived great con- why for so long. How on Earth can you possibly flicts time and again. Thankfully, a review panel set up by square what the Fourth Amendment The Fourth Amendment says: ‘‘The President Obama agreed with us and says, in terms of our papers and our right of the people to be secure in their recommended that the government end ability to control our own effects with- persons, houses, papers, and effects, against unreasonable searches and sei- its bulk collection of telephone out a warrant, with the government’s zures, shall not be violated, and no metadata. bulk collection of phone records of law- I will admit, however—and my friend abiding American citizens? Warrants shall issue, but upon probable from Kentucky has brought this up on Mr. PAUL. Mr. President, I thank the cause, supported by Oath or affirma- several occasions already—that I am Senator from New Mexico for that tion, and particularly describing the incredibly disappointed that the Presi- great question. place to be searched, and the persons or things to be seized.’’ dent hasn’t simply used his existing I think there is no way we can square I would ask my friend from Kentucky authority to unilaterally roll back this bulk collection with the Fourth Amendment. I think part of the prob- his views on the resilience of this con- some of the unnecessary blanket stitutional document and how he can lem, though, is that we, over a long pe- metadata collection. Some have possibly read the actual text of this riod of time, diminished the protec- claimed this inaction is evidence that Fourth Amendment without realizing tions of records held by third parties. the President secretly supports main- that those Framers really meant for And I think one of the debates we need taining the current program as is. this to apply into the future to things to get hopefully to the Supreme Court That, however, is nonsense. that we hadn’t foreseen yet but using sometime soon is whether you give up The President has asked Congress to the broadest terminology available, your privacy interest in records that give him additional authorities so that such as words like effects and papers? he can carry out the program in an ef- are held by third parties. I yield the floor and thank the Sen- fective manner, and the USA Freedom I think there will come a time that ator from Kentucky once again. This is Act seeks to do just that. your papers, once held in your house— one of those issues that unite people on The Republican-led House of Rep- there are no papers in your house. the left and the right, Republicans and resentatives last week passed that There may not be paper. But there is Democrats, who care deeply about our bill—the USA Freedom Act—by a vote still the concept of records. Records national security but also care about of 338 to 88, with large majorities from were traditionally on paper, and they our constitutional liberties. I think the both parties. At a time when everyone were traditionally in your house. But time to fix this is upon us. And without believes we agree on nothing, large ma- now your most private papers are held shining a light on this, we certainly jorities of Republicans and Democrats digitally by your phone, and then by are not going to be able to make the supported that piece of legislation. the people who are in charge of the dif- progress we need. We have an oppor- Further, the Second Circuit Court of ferent organizations such as phone, tunity here, and we should seize it. Appeals ruling that the NSA is vio- email, et cetera. I yield the floor to the Senator from lating the law by collecting millions of I think there has to be Fourth Kentucky. Americans’ phone records is even more Amendment protection of these. Those Mr. PAUL. Mr. President, I thank the proof that we have gone too far and who look at the court cases, and go Senator from New Mexico for coming need to recalibrate and, in my view, back to probably the last important down and for being a great supporter of refocus our efforts. Why on Earth, I case, the Maryland v. Smith case, often the Fourth Amendment. would ask, would we extend a law that say there is no Fourth Amendment One of the things I think is inter- this court has found to be illegal? protection at all for these records. In esting is that in our current culture we Given the overwhelming evidence fact, the government will tell you they seem to devalue the Fourth Amend- that the current bulk collection pro- can do whatever they want with email, ment. You go to—at least on our side— gram is not only unnecessary but also with text, and with all of these things. all kinds of groupings and gatherings, illegal, I think we have reached a crit- And I am not convinced they are not and there is a lot of talk of the Second ical turning point, and I want to thank using other programs, such as this Ex- Amendment, talk of the First Amend- my colleague from Kentucky for com- ecutive order program, to actually col- ment, but there hasn’t been so much of ing to the floor to force us all to have lect many other kinds of metadata the Fourth Amendment until we got to this conversation. We have kicked the other than phone calls. this point with the collection of data can down the road too many times on So I am very worried about it. I seeming to be running amok. this particular issue, and I believe it is think we need help from the courts. One of our Founding Fathers was time to finally end the bulk collection But we need help from the legislative George Mason. He was considered to be

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.083 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3137 an anti-Federalist. He was a guy who usurp authority to gain and grab and I think it is also a mistake to think really stood on principle, but also he take more power, it has been at the ex- we are literally talking about paper in was a guy who had the audacity to ac- pense of freedom. your house because there is quickly tually not sign the Constitution, even I think we can be safe and have our coming a time in which technology though he was asked and he was there freedom as well. I think we can obey will be such that there will be no pa- and could have. the Constitution and catch terrorists pers. Papers will be another word for On September 17, 1787, he refused to at the same time. I think, in fact, ‘‘records,’’ but your records will not be sign the Constitution and returned to frankly—strictly from a practical point kept in your house. his native State as an outspoken oppo- of view—I think we gain more informa- They already aren’t. There was a dis- nent of the ratification contest. His ob- tion by using the Constitution. By hav- cussion of this in whether we can jection to the proposed Constitution ing less indiscriminate collection of search a person’s individual phone, and was that it lacked a declaration of data and by having more collection of the Court did rule I think in an accu- rights. Mason felt that a declaration of discriminating data—data that is based rate way. The Court and one of the Jus- rights—or what we call a bill of on suspicion, data that is based on tips, tices said that, basically, the informa- rights—was a necessity in order to curb data that is based on human intel- tion found on your phone is more per- Federal overreach. ligence, data that we can focus all of sonal and more extensive than prob- Mason, though, was also famous for our human energy on—I think we actu- ably any papers that were ever in any being an author of the Virginia Dec- ally will catch more terrorists. I think home in a time before electronics. So laration of Rights, which was written a there has been instance after instance we are going to have to catch up to decade or so before our Constitution after instance where we did have infor- electronics, we are going to have to and upon which many things were mation on terrorists and we failed to catch up to the digital age, and we are based. He wrote in the first paragraph act, perhaps because we are spending so going to have to decide does the indi- of the U.S. Declaration of Independence much time and so much energy on the vidual maintain a privacy interest and/ something similar to what we hear in indiscriminate collection of data. or a property interest. the Declaration of Independence: William Brennan is one of our famous I, frankly, think that when the phone Justices, and he said of the Framers: That all men are by nature equally free company holds my records, that they and independent, and have certain inherent The Framers of the Bill of Rights did not are partly mine; that there is a prop- rights, of which, when they enter into a state purport to ‘‘create’’ rights. Rather, they de- erty interest and a privacy interest I of society, they cannot by any compact de- signed the Bill of Rights to prohibit our Gov- ernment from infringing rights and liberties haven’t relinquished. Unless I have prive or divest their posterity; namely, the presumed to be preexisting. given explicit permission, I don’t think enjoyment of life and liberty, with the I have given up my privacy. In fact, means of acquiring and possessing property, We didn’t create the rights. Govern- and pursuing and obtaining happiness and ment didn’t create your rights. Your many times it is the opposite. safety. rights come naturally to you. For Many times what we have actually said is, when I agree to do banking In the Declaration of Rights, which those of us who believe in a Creator, with you or I agree to have you hold comes from 1776, for Virginia, he also they come from our Creator. But they my telephone calls or I agree to do was instrumental in including article are important to protect. They should Internet searches with you, I have an IX. Article IX is basically the pre- be protected against all forms of even explicit agreement often. The agree- cursor to the Fourth Amendment. In majority. It is why some of us think it ment is so explicit to defend my pri- it, he wrote: very important to say that we are a Republic, we are not a democracy; that vacy that when they don’t, they are ac- That general warrants, whereby any officer tually fearful of being sued. And so all or messenger may be commanded to search no majority should be able to take suspected places without evidence of a fact away our rights. That is why this is of this craziness, all of this overreach, committed, or to seize any person or persons important. I think these questions ulti- all of this loss of our privacy comes not named, or whose offence is not particu- mately get to the Supreme Court. Be- with a little additional caveat that is larly described and supported by evidence, cause no matter what the majority written into all the laws and everybody are grievous and oppressive, and ought not says here, no matter what the majority is clamoring for and it is what they to be granted. of the legislature says, the Bill of want now—liability protection. They So from the very beginning, the Rights lists and codifies rights that want to be able to violate their privacy Fourth Amendment was a big deal. It cannot and should not be taken away agreement. So we give them liability was a big enough deal that the fact by a majority: the rights that we have protection. They don’t want to be sued, that it wasn’t included caused George to be left alone—as Justice Brandeis but they realize they are violating and Mason to say he couldn’t sign the Con- said, the most cherished of rights, the could be accused of violating our pri- stitution. It was a big enough deal that right to be left alone. But this debate vacy agreement. this debate went on for a while, and fi- is a long and ongoing debate. For near- So as much as I hate and despise friv- nally the resolution of getting the Con- ly 100 years, from the Olmstead case in olous lawsuits, the threat of suing stitution included that there would ul- 1928 to the present, we have had a dis- somebody causes them to obey their timately be a Bill of Rights. Thomas cussion and a struggle and a con- contract. If they don’t have the Jefferson wrote about the Bill of troversy over what parts of our con- threat—if you say: Well, we are going Rights. He said: versations are to be protected and what to have contracts, but we are not going A bill of rights is what the people are enti- parts are not to be protected. to enforce them with the threat of a tled to against every government on earth, I think a lot of our problems really lawsuit, then contracts become mean- general or particular, and what no just gov- originated with going the wrong way in ingless. So it is really important that ernment should refuse, or rest on inferences. 1928 with the Olmstead case because we as we move forward, we try to say to I like the way he put it: A Bill of went for a long period of time—we people the privacy agreement you Rights is what the people are entitled went for two generations thinking that signed is a real document, it is a real to against every government. It is a your phone calls were not private and contract, and it should be protected. protection. that your phone calls were not pro- When referring to the Bill of Rights, Jefferson also described the Constitu- tected by the Fourth Amendment. Gen. Smedley Butler, who was a two- tion as the chains of the Constitution. Then, we finally got to the 1960s, and time Medal of Honor winner and a Bre- The chains were to bind government we reversed that and we said your con- vet Medal of Honor winner, said: and to prevent government from abus- versations are to be protected. But There are only two things we should fight ing its authority. within a decade we made the wrong de- for. One is the defense of our homes and the When we have adhered to this, when cision again and said that your records other is the Bill of Rights. we paid strict attention to it, we have are not to be protected—that your When I have talked to the young men maximized our freedom. When we have Fourth Amendment, your records once and women who have fought bravely let our guard down, when we have al- held by the phone company, aren’t to for our country—young men and lowed our guard to stray away, when be protected. I think that was a mis- women who have lost limbs, families of we have allowed the government to take. those who have lost lives—that is what

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.084 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3138 CONGRESSIONAL RECORD — SENATE May 20, 2015 I hear from every one of them. I hear The second amendment we would example, the question now whether you from them that they were fighting to consider putting forward, if we were al- have any privacy interest in your defend the Bill of Rights. They were lowed to and allowed to have votes on, third-party-held records—whether the fighting to defend our Constitution. would replace the PATRIOT Act exten- Fourth Amendment protects these at What saddens me is that while they sion with comprehensive surveillance all, that is our constitutional question. were fighting for our Constitution, reform. We would replace the extension That should not be decided in secret, while they were fighting for our Bill of of expiring authorities with substantial and you really can’t have justice de- Rights, their legislators weren’t fight- reforms, as originally proposed by Sen- cided in secret. ing for the Bill of Rights. Their legisla- ators WYDEN and PAUL and others in The other part of our amendment tors were turning the other way. Their the Intelligence Oversight and Surveil- would give Americans spied on by the legislators were so fearful of attack lance Act of 2013. government standing to sue in court that they gave up on the Bill of Rights This amendment would end bulk col- and end the practice of reverse tar- and said: Here is my liberty, just give lection and replace it with nothing. We geting, under which the government me security. This is a longstanding de- would close the section 702 backdoor targets the communication of an bate. Franklin had it right—those who search loophole, which allows the gov- American without a warrant by tar- are willing to give up their liberty may ernment to say they are searching for- geting the non-U.S. person they speak end up with neither. eigners’ records but in reality gather to. By some reports, it is even worse Now, some would ask: Why am I here up 90 percent of the records being than that. I mentioned earlier that an today? What do I propose to get out of American records and called inci- enormous amount of what the PA- this? Is there an end point when I will dental. We would close this backdoor TRIOT Act does—which is supposed to go home and be quiet and quit talking loophole where actually American go after foreigners—is actually being about the Bill of Rights? records are being collected, not foreign used domestically for drug crimes. I think there could be. I think if the records. We would create a constitu- There have been reports that the in- leadership of both parties in the Senate tional advocate to argue before the formation is being gathered through an would agree to have a debate on the FISA Court, before the intelligence intelligence warrant, and then they go PATRIOT Act, if they would agree to court. back with the traditional warrant after have amendments and have votes—and The reason I think this is necessary they have gotten information through I will give some examples of some is that the court has somewhat become a lower standard—through a nontradi- things that we think—most of these a rubberstamp for the government, and tional, nonconstitutional investiga- will ultimately be introduced in all we aren’t allowing any kind of oppos- tion. Then they go back, and they get likelihood by Senator WYDEN and I. I ing arguments and we really aren’t the warrant after using this informa- will start with the first one. This is having any argument. For example, we tion or they recreate the scenario in based upon an amendment that he and have loosened the standard from the order to get the information they need. I have worked on together. This constitutional standard, which is prob- Then they do not tell the judges they amendment would prohibit mandates able cause, and we have said it is rel- got the information through the intel- on companies that alter their products evant. So we get to relevance. But ligence angle. to enable government surveillance. So when you come before the court, I Another amendment that we would this amendment prohibits any man- don’t think anybody is debating or like to ask the leadership of both sides dates from government agencies re- being asked to prove whether it is rel- if they would let us introduce it and if quiring private companies to alter evant. Certainly they must not because we were allowed to debate this and their security features—their source they are somehow approving the collec- have an open amendment process code—to allow the government to get tion of everybody’s records in the would be that the warrantless crime into their stuff and into your lives. United States—which I don’t know of could not be used against Americans in This amendment would apply to com- anybody who believes the word ‘‘rel- nonterror criminal cases. puter services, hardware, software, and evant’’ can include everybody. This was originally the way it was. electronic devices made available to So if we had an advocate or we had This is why you have to worry about the general public. someone to say this is the other side— the slippery slope. Back in the 1970s, Currently, the government is requir- I think it is really important. I am not they said: OK, we are going to have a ing and sometimes telling companies a lawyer, but I understand they argue different standard to get foreign tar- they can’t even tell you this. They are with each other all the time and you iffs. Even I, who want to keep good requiring access to certain products. are supposed to figure out the truth. standards, can accept a little bit of There have been stories of them insert- You argue and advocate for your side, that—a slightly lower standard for peo- ing malware on Facebook, giving you and then somehow you apply the truth ple who do not live here and are not access to Facebook, and then getting or people arbitrate what they think the American citizens and are not part of into your Facebook account through truth is from this discussion. If only our country. It has its dangers, but the Facebook code source. I know the government argues, you can’t get even I might be able to accept that. Facebook has objected to this and even any sense or form of what truth But what I cannot accept is that you fought them on this, but our amend- is. lower the constitutional standard. You ment would say that the government So what we would argue in our sec- are going to use a terrorist warrant just can’t do this. The government can- ond amendment is that you actually that has a lower procedural hurdle, and not force different social networking have an advocate that argues on that then you are going to use it for domes- sites and different Internet software side. I would go further, though, and tic crime. cannot force them to give the govern- say that not only do you have an advo- That is exactly what is going on now. ment access indiscriminately. cate, you should have an avenue for ap- We should be appalled that they de- The question would be: Can the gov- peal. stroyed the Fourth Amendment for ernment require things specifically? I am with Senator WYDEN. I want to certain crimes and we did not do any- Absolutely, yes. Present evidence to protect all the people doing this. I thing about it. get a warrant, and realize that when don’t want any names revealed. I don’t Section 213 of the PATRIOT Act is they want to make you so afraid that want any agents revealed. I don’t want called sneak-and-peek. The govern- you give up all your records, realize to endanger the people who are risking ment can go into your house and never that warrants aren’t hard to get. The their lives for our country to gain in- tell you they were there. They can look FISA warrants are almost without telligence. But I do think the law in through all of your records. They can question agreed to, maybe to a fault. general can be debated. Senator WYDEN steal stuff. They can replace it. They Ninety-nine percent-plus of all the war- talked about how the law doesn’t need can do all kinds of things and place lis- rants ever requested are granted. I to be secret; the operations need to be tening devices—all without ever telling think it is not too much of a step to secret. you. say we should ask and request war- So we can protect all of that. But I This is in contradiction to what most rants. think the law should be debated. For people have accepted the Fourth

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.086 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3139 Amendment to be. But if you look at We have another amendment that I think, without question, if you talk who is being convicted with section 213, goes to the heart of what I think to people, they will tell you that they 99.5 percent of the people are for drugs, should be decided by the Supreme get a great deal more information and for domestic crime. What we have done Court. We call this the amendment more specific information by using is that we have taken a domestic crime that would protect the privacy of warrants. and we say the Constitution no longer Americans’ records held by third par- Let’s say tomorrow we elected a applies. We basically got rid of the ties. I think that your records do re- President who eliminated the bulk col- Fourth Amendment for these crimes. tain a privacy interest. This amend- lection of data. Let’s just say it hap- For about 11,000 people a year, the ment—should the leadership agree to pened. What do you think would hap- Constitution no longer applies to them. allow us to have amendments—would pen? People say: Oh, the sky would fall. We are using a lower standard. If you establish a clear principle consistent We would be overrun with jihadists. want to make this even worse, think with the Fourth Amendment. As it re- Maybe we could rule on the Constitu- about who is being convicted of drug lates to government collection, an in- tion. Maybe we could get warrants. The crimes in our country. Three out of dividual’s records, if given to a third information is out there. There are four people being convicted of drug party for a specific business purpose, warrants. If you make the warrants crimes in our country are Black or are as equally secure in their person as specific, there is no limit to what you Brown. But if you ask who are the kids those that remain in their possession, cannot get through a warrant. The who are using drugs, equal numbers of unless the third party informs the indi- warrants are given the vast majority of White and Black kids are using drugs. vidual that it intends to share the in- the time. But three out of four people in jail are formation. This amendment affirms People complain and say it would Black or Brown. Then you find out that that the government cannot cir- take too long; it would be inconven- not only have we messed up the war on cumvent warrant requirements by tak- ient. Make it better then. Put your drugs such that it has a racial element ing Americans’ records from third par- judges on 24 hours a day. Appoint 24 to it, but we are now using a lower ties, and it protects the constitutional more judges. Put them on call all the standard that is not the Constitution, rights during engagement and regular time, and let’s do this. There is no rea- and the end result is a racial outcome. communication and commerce. son why you cannot have security and This is an enormous problem. Re- I think we had a vote on this a while liberty at the same time. lated to so much of what is going on in back. I do not think we were that suc- Another amendment we have—should our country, so much of the anger you cessful. I think we got four people to the leadership agree to allow us to are seeing in our cities comes from this vote—to say that your records should have amendments and to have votes injustice. You now have people going be protected by the Fourth Amend- and to have a debate on this—is an to jail. You have people going to jail ment. Most people do not realize this. amendment that would require the for 15, 20, 30 years. Most people have no idea that the gov- court to approve national security let- There is a woman by the name of ernment’s position, and, currently, ters. In a 3-year period between 2003 Mary Martinson from Mason County, maybe the Supreme Court’s position, is and 2006, 140,000 national security let- IA. Her mother just died recently. that you do not have any right— ters were given out. National security They let her out of prison for a couple Fourth Amendment right—in your letters are warrants that are below the of hours. Her dad is getting older, and records unless you have them in your constitutional bar. They do not meet she wishes she had been there to help house. the constitutional bar because they are her parents. She did mess up. She was I think this is something about not being signed by a judge. They are a drug addict. Her boyfriend was a drug which the more people understand and being signed by the police. You got rid addict. They had guns in the home. the more people are drawn to this of one of the great protections we had, They were selling the drugs. He was a issue, maybe people will demand that which was the check and balance that meth addict. She was probably going to we have some justice here. We live in the police would always go to the judi- die if she stayed on the drugs, so it was an era where ultimately no one is ciary. It was a different branch. The judge is sitting at home, hope- good that she got off the drugs. She got going to have paper records in their fully reading it in a reasoned fashion. caught. She got 15 years in prison. house. All of your records are going to You can kill somebody in Kentucky The judge is not in hot pursuit. The be electronic. Because they are held and be out on parole in 12 years. Yet we judge is not letting their emotions— and they are managed somehow by a put this woman in jail for an addiction. the judge was not just punched by one third party, does that really mean we She had never been convicted of any of the convicts. The judge is sitting at other crime. No judge in their right have given up our rights? The thing is home in a reasoned fashion trying to mind would have ever given her 15 that the government might say if your make a reasonable decision. But still, years—nobody would have. The judges cell phone is in your house, then they the vast majority of the time warrants basically are telling the defendants and do. But the cell phone is connected to are given. telling the press: I would never do this. someplace outside your house. Your If there is a policeman outside the This is the wrong thing to do, but I am email is being served on some server house of an alleged rapist, and they forced to do this. Compound this with somewhere. I see no way that it could want to go in, they call on a cell phone. the fact that the war on drugs has had be construed that you have given up The judge almost always says yes. It is a racial outcome. You put the two to- your right to privacy because someone the same for murder. gether and you say: Well, we are no else is holding the records for you be- Does anybody imagine that there longer obeying the Constitution, and cause that is the way in the digital age would be a judge in our country and there is a racial outcome. we have come to hold records. that you call and say: John Doe—we Where is the hue and cry? We talked a little bit earlier about have evidence that he traveled to Where is the President on this issue? trust. I think trust is incredibly impor- Yemen last year. We have evidence I have talked to the President about tant. I do not discount that the vast that he talked to Joe Smith, and we criminal justice. I think he sincerely majority of people who work in our in- have evidence that he is a terrorist, wants to help. But here is the thing. telligence community are honest, and we want a warrant to tap his The President could today stop this trustworthy, and patriotic. I think we phone. program. He could stop collecting stuff all want the same thing. We want to Look, I am the biggest privacy advo- through the sneak-and-peek. He can protect our country. We want to pro- cate in the world. I will sign the war- say we are no longer going to do the tect our loved ones. We want to honor rant immediately. I do not know of bulk collection. Most of these things the memory of those who died on 9/11 anybody that will not sign warrants to originated out of Executive order. He by capturing and stopping the people allow searches to occur. But you have could stop these any time he wanted who would attack us. But the question the check and balance so it does not to. We would stop it. We would say no is this: Can you catch more or less, or get out of control. What happened and more spying against Americans and no are we more or less effective, in catch- what is happening now is we let down more use of this information for non- ing terrorists if we use the Constitu- our guard. We have no checks and bal- terror criminal cases. tion, if we use traditional warrants? ances. So what does the government do

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It would make it more like a solutely.’’ The corollary to that would you have a privacy agreement that warrant where a judge would actually be: When you are not watching, power says they are not going to share your review it and see if there is suspicion grows exponentially. information with anybody, the only to be reporting this activity instead of They will do whatever they can get way they will protect it is if there is just reporting activity based on the away with. They will do it in the name the threat that they could be sued for way people do their transactions. of patriotism. Actually, I do not even not protecting it. I think the contracts The problem has been that we now question their motives. They believe become not worth the paper or the have the IRS confiscating your money, themselves to be patriotic, but they click ‘‘I agree to this’’ and become your bank account, based on the way think we have to do anything it completely worthless if the companies you do your transactions. It is not takes—no matter whether it con- are told they can go around it. The based on a conviction; it is based on, I travenes the Constitution or con- companies have all specifically re- guess, the presumption that you are travenes the Bill of Rights. The people quested this because I think they fear guilty until you can prove yourself in- who do this—their motives are good, that every day the government is re- nocent. This is also going on with civil but they are confused in a sense, and questing them to breach the privacy asset forfeiture. It is intertwined with they do not fully comprehend what we contract. So in order to enable the pri- records, and as we allow the govern- are giving up in the process. vacy contract, I think we have to get ment to collect our records in an un- This amendment would require to a point where people can sue if their constitutional manner, we have to be judges to sign national security letters. privacy is violated. very careful that then those records It would make them more like war- I think there can be a mixture of are then being used with the presump- rants. In practice, national security opinions on what Snowden did. I think tion of guilt, not innocence. letters have become warrants written we have to have secrecy and there has I have a great deal of questions about by law enforcement without prior to be laws against revealing secrets, so Executive Order 12333. John Napier Tye court review and approval, granting I can’t say we should have everybody was with the State Department and them almost unfettered access to indi- revealing secrets. At the same time, I oversaw some of the freedom of the vidual email and phone communication think the law says that those who are Internet and government surveillance, data, as well as consumer information reporting to Congress should tell the and he put out an op-ed that shows a such as bank and credit records. truth. significant concern as far as whether So we have the intelligence director Those subjected to the national secu- this Executive order may be as big as lying to us and saying the program rity letters must also obey a gag order. bulk collection. doesn’t exist, and then we have some- Not only does the Government come to I spoke with one of the founders of one committing civil disobedience. you with a less than constitutional one of America’s larger Internet com- When you commit civil disobedience, it panies recently, and he told me that permit or a less than constitutional isn’t that we change the law and say it not only is he worried about bulk col- warrant, but they then tell you that is OK. What we do is say: You broke lection, but he is worried that bulk col- you cannot talk about it. You may go the law, and maybe you did it for a lection might be smaller—the collec- to jail for 5 years if you tell somebody higher purpose, but it doesn’t mean we tion of all the phone data might be you had a warrant served on you. will get rid of all punishment for smaller than the backdoor collection This amendment would require that things like this. I think there is one through 702 and the backdoor collec- a government obtain approvals from a way we can modify it. tion through the government forcing court prior to issuing an NSL to a pri- Snowden was a contractor, and we companies to allow them into their vate entity, thus forcing them to dem- don’t have very good rules for whistle- software. onstrate a clear need for information blowers who are contractors. I would Our concern is that we need to look as part of an investigation. extend the whistleblower statute to more at the Executive order. I think it Amendment 6 would create a new people who want to come in and want is being done in secret, but once again, channel for legal appeals for those sub- to tell an authority, an investigator an evaluation as to whether a law is jected to government surveillance or- general or somebody, if they want to constitutional or whether a law over- ders. This amendment would empower reveal that they think something is states its purpose should be done in the individuals or companies, ordered by being done illegally. open. the government to hand over informa- For example, if Snowden knew that I see the Senator from Montana, and tion about users or customers, to make Clapper was lying, a felony has been I will be happy to entertain a question constitutional challenges that would committed. I would think that some- without losing the floor. be in order in the U.S. court of appeals. body who has evidence of a felony and Mr. DAINES. Will the Senator from My understanding right now is that tells the investigator general, ‘‘Look, I Kentucky yield for a question without it is very difficult to appeal a FISA have seen this, and I have seen that losing his right to the floor? order. They are secret. You are not al- they are collecting all the records of Mr. PAUL. Mr. President, I will yield lowed to be in the court, so you are not every American,’’ and he says they are to the Senator from Montana. allowed to participate in the process. I not, then he has committed perjury Mr. DAINES. I thank my colleague think, also, you can get outside of and a felony, and there ought to be for raising this important issue on the FISA by appealing, but I think you some sort of whistleblower statute for Senate floor today. It wasn’t all that have to ask for something that is that. What we do in one of our amend- long ago that I served as a House Mem- called a writ of certiorari. It is a spe- ments is to allow whistleblowers to be ber. I served one term in the House and cial condition, and it is not so auto- contractors as well. then came over to the Senate this year. matic. My understanding is that the One of the things that has been going I came over to the Senate floor, and I court will grant these things, but they on—even predating the PATRIOT Act stood in support of my colleague’s ef- do not occur very often. They are an and goes back to probably the 1980s and forts to protect the American civil lib- extraordinary thing. 1990s—is something called suspicious erties and ensure drones are not being We would like to make it a little bit activity reports. These are now being used to target American citizens on more of a facility of getting to a nor- done, I believe, by the millions. At one our own soil. mal appeal—the way a normal appeal point I looked at it, and 5 million of In fact, I am grateful to see that in would occur. We have been pushing to these had been filed. Every year, hun- the Senate Chamber today, we have allow that there would be more of an dreds of thousands of these are being five House Members who are here automatic sort of appeal here. filed, and if the banks don’t file them, standing with the Senator from Ken- One of the other amendments would the banks could have their licenses tucky as he makes his very important say there is no liability immunity for taken from them or there could be point which relates to our Constitution companies that break their agreements $100,000 fines issued to banks. and our freedom.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.088 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3141 Well, 2 years later, we are here again, could not identify a single time in which and has shown only limited value. For these and the threats to America’s civil lib- bulk collection under Section 215 made a reasons, the government should end the pro- erties and constitutional freedoms re- concrete difference in the outcome of a coun- gram. terterrorism investigation. I stand here today with the people of main ever present. That’s why I urge you to support reform by As my colleague from Kentucky is Montana. I stand here today with my committing to a no vote on reauthorization colleague from Kentucky. I stand here well aware, I spent more than 12 years of Section 215. in the technology sector before being A vote against reauthorization is a vote for today with five Members of the U.S. elected to Congress. I know firsthand the Constitution. Thank you for opposing House who are seated in the back of the power that Big Data holds. I also unconstitutional surveillance and for sup- the Senate Chamber: Congressman know the great risks that arise when porting a free and secure Internet. DUNCAN of South Carolina, Congress- that power is abused. Montanans are right to be concerned. man BLUM of Iowa, Congressman There is a clear and direct threat to This program is a direct threat to our MASSIE of Kentucky, Congressman LABRADOR of Idaho, and Congressman Americans’ civil liberties that comes constitutional rights. It has jeopard- AMASH of Michigan. from the mass collection of our per- ized our civil liberties with little prov- en effectiveness, and I am the son of a I think it is important that the Sen- sonal information in our phone records. ate recognize what the people’s House I, like so many Montanans, am deeply U.S. marine. Several weeks ago, I was with Leader did last week when they passed the concerned about the NSA’s bulk USA FREEDOM Act. That vote was 338 metadata collection program and its MCCONNELL and other Senators. When we went to Israel, we met with Prime to 88. To suggest that this is just a impact on our constitutional rights. In small minority of Congress men and fact, just last night, I hosted a tele- Minister Netanyahu. When we went to Jordan, we met with King Abdallah. women who support the USA FREE- phone townhall meeting with thou- DOM Act—this is the chairman of the sands of Montanans, and one of the When we went to Iraq, we met with Prime Minister al-Abadi. When we were Judiciary Committee, the chairman of issues I heard most about was the the Intelligence Committee, the chair- NSA’s bulk data collection program both in Baghdad, we went up to Erbil and met with the leaders of the Kurds, man of the Armed Services Committee, and when is Congress finally going to and the chairman of the Homeland Se- put a stop to it. In fact, this is one of including Mr. Barzani. We then went to Afghanistan. We were in Kabul, and we curity and Governmental Affairs Com- the issues I hear most about from my mittee, amongst many others, who fellow Montanans. were in Jalalabad. We met with Presi- dent Ghani. We heard directly from the want to make sure we strike the right I brought down just a few of the balance between protecting the home- leaders in the Middle East, we heard di- thousands of letters I received from land and protecting our civil liberties. rectly from our U.S. military, and we Montanans on the NSA’s dangerous The people of Montana, my colleague bulk metadata program. For example, I heard directly from U.S. intelligence from Kentucky, the five Members from have a letter from Adam, who lives in about what is going on in the Middle Congress who are here at this moment, Missoula. Adam writes: East. and millions of Americans know I As the father of four and someone I’m writing to ask you to allow Section 215 strongly agree with their view on the who strongly believes in a strong na- of the PATRIOT Act to expire on June 1st of USA FREEDOM Act. this year. While it is only one provision of tional defense and the importance of Like all Americans, I understand the the larger problem...it would at least begin protecting our homeland, I weigh these great risks that face our national secu- to curtail the surveillance of Americans. issues very deeply. These are heavy rity. The threats from ISIS, the As Americans we should be free to commu- issues we must look at as we want to threats from North Korea, and the nicate without the threat of the government ensure we protect the homeland and, monitoring those communications. Wanting threats from Iran grow stronger each just as important, protect the Con- and every day. We must be prepared. to keep your life private does not mean you stitution and the constitutional rights have something to hide—only that your life We must ensure our intelligence and isn’t any of the government’s business as of the American people. law enforcement agencies have the long as you are not infringing on the liberty As my colleague is likely aware, a tools they need to protect and defend of others. 2014 report from the Privacy and Civil our Nation. But these objectives—na- At the end of the day, giving up our lib- Liberties Oversight Board, which is a tional security and protection of our erties because of the threat of terrorism nonpartisan, independent privacy civil liberties—are not mutually exclu- truly is the definition of terrorism winning. board, found that the NSA’s bulk data To be free inherently means a person also in- sive. We can and we must achieve both. collection program said that it ‘‘con- We must maintain a balance between curs risks. tributed only minimal value when Even though he was speaking about taxes, protecting our Nation’s security while I believe Benjamin Franklin would agree: combating terrorism beyond what the also maintaining our civil liberties and ‘‘Those who would give up essential Liberty, government already achieves through our constitutional rights. to purchase a little temporary Safety, de- . . . other alternative means.’’ All of us standing here today took an serve neither Liberty nor Safety.’’ Like the New York-based Second Cir- oath to protect and defend the Con- Jes from my hometown of Bozeman, cuit U.S. Court of Appeals recently stitution. I took that oath just a few MT, wrote: unanimously confirmed, this oversight steps away from where I am speaking board found that section 215 of the PA- I am writing to you as your constituent. here today, between myself and the NSA spying needs a comprehensive over- TRIOT Act does not provide authority Presiding Officer’s chair, occupied at haul. But in the meantime, I urge you to for the NSA’s bulk metadata collection the moment by the Senator from Utah, show that you care about the Constitution program. In fact, the report states: Mr. LEE. by voting against reauthorization of Section Under the Section 215 bulk telephone As all of us here today know, the 215 of the USA PATRIOT Act. Section 215 records collection program, the NSA ac- fight to protect our Constitution and has been used to invade the privacy of mil- quires a massive number of calling records America’s civil liberties is far from lions of people. from telephone companies each day, poten- over. We must remain vigilant and we Although some in Congress and the NSA tially including the records of every call have argued that collecting call detail made across the nation. Yet Section 215 does must also ensure that we have robust records (‘‘metadata’’) is not privacy inva- not authorize the NSA to acquire anything and transparent debate about these sion, the information collected by the gov- at all. programs and what reforms must be ernment is not just metadata—it paints an It is illegal, it is an overreach of implemented to protect America’s civil intimate portrait of the lives of millions of power, and it is a direct threat to our liberties. That is why I support the Americans. USA FREEDOM Act, which would end What’s more, the collection of call detail First and Fourth Amendment rights. In fact, the report goes on to con- the NSA’s bulk metadata collection records isn’t even necessary to keep us safe. program and why I strongly believe The President, the Privacy and Civil Lib- clude: erties Oversight Board and the President’s The program lacks a viable legal founda- that Congress must engage in an open Review Group have all admitted that collec- tion under Section 215, implicates constitu- amendment process. The American tion of call detail records is not necessary. tional concerns under the First and Fourth people must have their voices heard, PCLOB [Privacy and Civil Liberties Over- Amendments, raises serious threats to pri- and an open amendment process will sight Board] went so far as to note that it vacy and civil liberties as a policy matter, help ensure that happens.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.092 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3142 CONGRESSIONAL RECORD — SENATE May 20, 2015 In light of all we have learned about Mr. MANCHIN. Mr. President, will cuit of the United States struck it the NSA’s unlawful bulk data collec- the Senator from Kentucky yield? down. The courts have made clear that tion program, it is clear that reforms Mr. PAUL. I will, without yielding this program is not legal, and I under- must happen. It is critical that Ameri- the floor. stand the frustration of Senator PAUL cans’ rights are protected against the Mr. MANCHIN. I know the Senator and Senator WYDEN with any sugges- overreach of their own government. from Kentucky agrees with me that tion that it be continued. So I ask the Senator from Kentucky, the defense of our country and the pro- I believe this bill, USA FREEDOM would he agree that the indiscriminate tection of our civil liberties should be 2015, moves us in a positive direction. government collection of Americans’ bipartisan and above politics. I know It ends the bulk data collection pro- phone records violates the Constitution he agrees that we can and must protect gram and ensures that the collection of and, according to two independent our citizens without violating their data is related to a relevant, particular commissions, has not proven critical to civil liberties. Again, I don’t always terrorist investigation. At the same our national security? agree with my good friend from Ken- time, it still protects this country. (Mr. TILLIS assumed the Chair.) tucky on every issue, but when it The USA FREEDOM Act of 2015 re- Mr. PAUL. I wish to thank the Sen- comes to this Nation’s intelligence places indiscriminate bulk collection ator from Montana for that excellent gathering and security, we agree more and allows the government to collect synopsis of the issues as well as for the than we don’t. call detail records on a daily basis if it great question. As was he, I was deeply troubled by can demonstrate to the FISA Court a I think the reports by the review the revelation that our country was en- reasonable, articulable suspicion that committee and the privacy committee, gaged in bulk collection—I think we all its search term is associated with a for- both commissioned by the President, were surprised—and that millions of eign terrorist organization. both nonpartisan, are incredibly power- private citizens’ data was gathered un- The bill provides greater trans- ful because not only did they look at knowingly and unjustifiably. parency about surveillance activities. the constitutional issue of whether this In 2013, Edward Snowden revealed to It contains significant new government is a bulk or a general warrant versus the American public that NSA was en- reporting requirements for FISA au- thorities to ensure its activities do not an individual warrant, they also saw gaging in ‘‘bulk data collection,’’ in again break the law. It gives private practically that it wasn’t working, it sweeping up virtually every cell phone companies increased options for report- wasn’t adding anything to our intel- record of an enormous number of ing to the public information about the ligence. So I think we have sort of a Americans, again for no reason. The number of FISA orders and national se- dual reason now to say this is a big U.S. spying program did this by sys- curity letters they receive. The bill re- problem. tematically and indiscriminately col- quires declassification of FISA Court One, there are constitutional ques- lecting millions—I mean millions—of opinions containing significant legal tions, which I think are very clear, but Americans’ phone records by simply interpretations. The bill requires the then the second practical question is digging up every phone record that FISA Court to designate a panel to ap- that when we examine the evidence— came into its net even if it wasn’t re- point individuals to advise in par- and the privacy commission actually motely related to a broad, general ticular cases involving new or difficult looked at classified evidence; they search. These are not searches that legal issues. It expands the opportunity looked to see whether it was adding were relevant to a particular threat or for the appellate review of FISA Court anything to this—I am thoroughly con- an individual group; it was just a huge decisions. The bill strengthens the ju- vinced that we can catch terrorists database of documenting what millions dicial review process for gag orders, with traditional constitutional war- of law-abiding citizens were doing. imposes new privacy protections for That is not what this country was rants. FISA pen registers, and limits the use based on, and I think the Senator from When I have talked to former high- of unlawfully obtained information. ranking heads of our security agencies, Kentucky has made that very clear. I The bill also contains many provi- they freely admit they get more infor- know the Senator from Kentucky be- sions to protect our Nation’s security. mation with a warrant. It is a little lieves this was wrong, as I do. That is It creates a new emergency authority more work. It has to be more specific. not just our opinion; national security to allow the government to obtain But I am also a believer in that be- experts, legal experts, the American business records, including call detail cause we have generalized what we are public, and even several courts have records, without advance court author- looking for and it is indiscriminate, said that the bulk collection of data is ization if an emergency requires those that maybe we are missing people be- not only unconstitutional but also un- records. It also adds a short-term emer- cause we are overwhelmed with data. necessary to our national security. And gency authority for continued We are overwhelmed with things at the my friend from Kentucky has con- transnational surveillance of foreign airports. I would much prefer that we firmed that the President’s review terrorists or spies who come into the have less indiscriminate searches at group has said that bulk data collec- United States before emergency au- the airports and be more specific in tion is not essential to preventing at- thorization can be obtained from the looking at the manifests of who is fly- tacks and that the program has not Attorney General. It permits ongoing ing and trying to find out who are the made a difference in a single instance. FISA surveillance of an agent of a for- risks. The bill the Senate will soon be con- eign power who temporarily leaves the So I do think that, without question, sidering—the USA FREEDOM Act of United States. It clarifies that individ- this is not a constitutional program. It 2015—will ensure that we restore im- uals can be subject to FISA surveil- is not even legal under the PATRIOT portant privacy protections for Ameri- lance if they are knowingly aiding, Act. The courts have said it isn’t, and cans. abetting, or conspiring with respect to we should do everything we can to stop The United States will always face the proliferation of WMD on behalf of a it. security threats—I think we all know foreign power. I appreciate the support of the Sen- that—and we will for generations to Finally, the bill increases the statu- ator from Montana. come. That is just a reality. On that tory maximum penalty for material One of the things about this issue is horrible day of September 11, 2001, we support of terrorism from 15 to 20 that it really is a bipartisan issue. It is as a country were reminded of this fact years. an issue where there are people who and realized we must meet those I know the Senator from Kentucky feel strongly on both sides of the aisle. threats with strong law enforcement does not think it goes far enough in The Senator from Oregon was here ear- and strong intelligence. However, we protecting our privacy rights, but per- lier and the Senator from New Mexico, must also balance that necessity with haps my good friend can remind us and I now see the Senator from West our constitutional rights. again of what provisions he would like Virginia, who is also a loud and con- The NSA bulk data collection pro- to see changed or strengthened in the sistent voice on this. gram clearly did not strike that bal- bill to satisfy his interests and the in- Does the Senator from West Virginia ance, and the District Court of DC and terests of Senator WYDEN and other have a question? the Court of Appeals of the Second Cir- people.

VerDate Sep 11 2014 04:31 May 21, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.096 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3143 I yield the floor back to the Senator the USA FREEDOM Act of 2015, that easy to get. This is the point I don’t from Kentucky to hear basically his basically we would have to dem- get about why we have to have war- concerns and how we can have some onstrate to the FISA Court reasonable, rants with a lower constitutional protections, and do we have any rights articulate suspicion that its search standard, because I think the FISA whatsoever to gather information when term is associated with a foreign ter- warrants are almost never turned it is proven? I have heard the Senator rorist organization. They can’t even go down, but neither are criminal war- from Kentucky say that if he thought into those records until that is shown. rants. If you are a policeman standing we could prove it, there was a different That is the way I understood it. I am in front of a house, you almost never concern we had and we could get the not sure if there is something I am get a no. But if you are a policeman FISA Court involved and basically missing. saying, I want to search all my neigh- move forward from there. Mr. PAUL. I guess the question I bors’ houses, then the judge is going to I thought this bill moved us in a posi- have is that we have some of those re- say no, and that is a good thing. So I tive direction—the new bill before the strictions now, but they seem to think think traditional warrants—I think Senate that we are about to consider. I that those restrictions don’t apply— people have somehow just convinced would appreciate it if the Senator from the people interpreting what we have themselves that we can’t catch terror- Kentucky could explain to me his con- now are interpreting 215 to mean we ists with traditional warrants, but I cerns about that and what we need to can collect all of the American records think you can go through a lot of data do. in bulk. with traditional warrants, too. Mr. PAUL. Let me make sure I have If there were a circumstance where I Mr. MANCHIN. Your sincere belief is the question correct. The Senator’s was necessary to pass USA FREEDOM that if this sunsets, this bulk collec- question is on my concerns on the USA and if it were that close, if people were tion in the way the PATRIOT Act has FREEDOM Act? willing to look at the bill and say we been enforced before—if it sunsets and Mr. MANCHIN. USA FREEDOM 2015. would make a person, an individual— it goes away, which we agree that we Mr. PAUL. I want to like it because see, the big thing for me is that the are trying to replace that before the it ends bulk collection, and I am all for warrant should be individualized. And I sunset—you believe the system we ending bulk collection. So we all am worried that if we use the word have had in place before the PATRIOT agree—the people for it agree with the ‘‘person’’ and if it can be replaced with Act of 2001 gives us still the ability to problem; it is a question of the solu- the word ‘‘Verizon’’ and we still collect keep the homeland safe, using the tion. all the records, I would feel dis- court system, as you say, following the It says there have to be specific se- appointed if we thought we got rid of rabbit down the hole using the court lector terms on U.S. persons. Part of bulk collection and a year or 2 from system? Because we know we have my problem is that ‘‘persons’’ is still now, when they finally admit it, they rapid fire coming at us from different defined as corporations. My concern is admit: Oh, we are still doing the very directions and people trying to come that you could put the word ‘‘Verizon’’ same thing. We are doing Verizon. We into this country and do harm. Social in there, and the government wouldn’t are getting all of Verizon’s records. We media has blown up even since 2001, so be collecting the records, but you still are just making them process it, and we are much more vulnerable from could get all records from Verizon. we are paying them for it. that standpoint. Does the Senator see what I mean? That is what I fear. I want to make What I am hearing you say also is That is one of my concerns with the sure that doesn’t happen. that you are not really objectionable if way it has been written. Mr. MANCHIN. I guess we are caught you can find the right language—if you My other general concern is that we in that Citizens United decision, it thought you could get protection of would still be having bulk collection. sounds like. that individual without the interpreta- It wouldn’t be bulk collection by the Mr. PAUL. In a different way, we are tion of the entire broadness of the cor- government, but it would still be bulk talking about whether in the intel- porations. collection but through the phone com- ligence selector numbers a person is a Mr. PAUL. I think that also and panies. corporation and whether can have a within the context of—we have six or I don’t like the liability protection single warrant. seven amendments that we would like because I think it makes it more likely I think if you want phone records to offer. I can’t guarantee that we than not that the privacy agreement from Verizon, it should say ‘‘Verizon’’ could win any of them, but there is a won’t be as respected if they cannot be and we want the records of John Doe. chance maybe we could win another re- sued for violating the privacy agree- It shouldn’t just say that we want all form. ment. the records from Verizon. That is a So for example, one of the reforms Those are a couple of concerns. I general warrant. I am still fearful that that some people think may be as im- don’t know if they are insurmountable, the USA FREEDOM Act might not portant as all the bulk collection is the but those are a couple of concerns. limit that. ability of the government to tell an Mr. MANCHIN. I think we both agree Mr. MANCHIN. If the FREEDOM Act Internet provider that they have to and most of the people in this body goes away and the way they are doing create a backdoor to their product for agree that the bulk collection is wrong. bulk collection, which we agree should the government to go through—and It has been proven to be illegal, it be done away with—and we don’t come some of the backdoor stuff through 702. shouldn’t have been done, and it should to some agreement—are you concerned We think there are some other things be stopped. I think we all agree on that we might be in more jeopardy by that may well be as big as this. I also that. not having something in place where think there is the ability of the govern- I think we still face considerable we are able to get the necessary intel- ment to not only use traditional war- threats from around the world on a ligence we need? rants. They have some they are using daily basis, if not even greater than Mr. PAUL. I guess that is also where under Executive order, as well, and we that. We are looking to try to find a I probably differ. I think we are just as still have a host of other types of war- balance, and I think the Senator from safe or safer with nothing, because the rants and subpoenas being used. But I Kentucky is valuable in helping us find Constitution allows the searching of would never be for this in a heartbeat that balance. That is what we are look- records. And I am all for it, but I would if I thought it was going to put the ing for. I know our colleague, Senator do it through warrants. country in danger. I think we will be LEE from Utah, has made a gallant ef- The point is that in metadata, one safer because of it and so will our lib- fort in trying to find that balance and can do a hop or two with these less- erty. making sure that we don’t overstep. than-constitutional warrants or what- Mr. MANCHIN. It is a good point in The private companies are collecting. ever. But with a real warrant, we can the bill that we will be considering, the They already have that information go 100 hops into the data. I really 2015 FREEDOM Act. It expands the op- anyway. It is not just sweeping from would chase the rabbit down the hole. portunity for the appellate review of NSA, as they had been doing. Basi- I would look very hard with suspicion, the FISA Court decisions, which I cally, I am understanding by this bill, and I think warrants are generally think the Senator has had a problem

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.097 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3144 CONGRESSIONAL RECORD — SENATE May 20, 2015 with, too, because it has been handed Mr. MANCHIN. It sounds like we are collected in bulk, potentially encom- out, uncontested. Is that correct? not that far apart. I think we are all passing all telephone calling records Mr. PAUL. Say that again, please. going down the same path, trying to across the Nation. They cannot be re- Mr. MANCHIN. The bill that we will keep the homeland as secure as pos- garded as relevant to any investigation be considering is expanding the oppor- sible while protecting the rights of all without redefining the word ‘‘relevant’’ tunity for the appellate review of the Americans. I appreciate that. I hope in a manner that is circular. Relevant FISA Court decisions. I think and I can that we do. These are important issues. sort of means that there is some sort of understand that you are saying they It is a dangerous world that we live in. criteria that means that there is some can get a FISA order no matter what. It is a threatened world that our chil- pertinence, that there is something Mr. PAUL. I am not sure I under- dren are being raised in. We want to do about the records or something about stand the question, but I do believe as everything we can to protect them, and the investigation. to the court case right now, the way it I know you do, too. For example, if there is someone in stands—if the USA FREEDOM Act had With that, I think we all came to an the northwest section of Washington, passed last year, I think there was a agreement that what was done before DC, and we saw something happen chance that it might have made the was wrong. So we all come unani- there. We are saying we want to look court case moot because it would have mously to that agreement, and finding at the records there. Even though it said that Congress has already acted a pathway forward is what we are might be bulk collection, it would be at and Congress now has given an author- working on now. So I appreciate your least relevant to some sort of inves- ity for a variation of this and Congress sincerity and your intent to try and tigation. There would be some perti- already fixed the problem. So there is a reach out and find that. I hope you can nent factor. But they are just col- part of me that would like to see the find that comfort level so we can move lecting everybody’s records. It is com- appellate court case go up to the Su- forward and still have a protected pletely without any relevancy. And I preme Court. It has been remanded to a country. love the way they put it—that this lower court so I don’t know if it is ever Thank you. would not be relevant unless we rede- getting there. But we ultimately have Mr. PAUL. I thank the Senator from fine the word relevant in a manner some questions in our country that West Virginia. I think he has made that is circular, unlimited in scope, won’t be decided until we have a Su- some really good points. I think a lot and out of step with case law from preme Court case. of us have come to the agreement that analogous legal context involving pro- One of those questions is, Do papers there is a problem with bulk collection. duction of records. have to be physical and in your house? I don’t think we have everybody, but I The third reason why the privacy What if they are digital and lodged think we have a significant number. board said that this program is not somewhere else? Do you have any right The court agrees with us. So I think we legal is that it operates by putting of privacy, any Fourth Amendment are getting closer. telephone companies under an obliga- protection at all for records that are One of the groups that we have tion to furnish new calling records on a held somewhere else? The current legal talked about in looking at where we daily basis as they are generated, in- opinion doesn’t really give any protec- are, whether this is a constitutional or stead of turning over records they al- tion to third-party records. I think legal program—is it is pretty intrigu- ready have in their possession. This is that needs to be fixed, because tech- ing to look at the report that comes an approach lacking foundation in the nology has made it such that our from the Privacy and Civil Liberties statute and one that is inconsistent records are no longer going to be real Oversight Board. This is a bipartisan with FISA as a whole. records that you can hold in your hand. board. It is a board that was put in The final reason they say that this I think almost all of our records will be place, and I think the appointees are program is illegal—this is the Presi- virtual and held in space somewhere, bipartisan appointees. dent’s own privacy commission—is and I think you still have to have a When they met, they came to the that the statute permits only the FBI personal privacy protection in those. to obtain items for use in the inves- Mr. MANCHIN. So the bill that we conclusion, though, that the bulk col- lection of records is not warranted and tigation. It does not authorize the NSA have proposed before us, it is going to to do anything. So section 215 of the require declassification of FISA Court not given sanction by the PATRIOT Act. They had four different reasons PATRIOT Act is what they are saying opinions containing significant legal they are using as justification. It al- interpretation, which is a positive why they say that the telephone lows the FBI to collect records. It thing. records program—the bulk collection doesn’t allow the NSA at all. So they Mr. PAUL. There is a lot that I like of our records—does not comply even in the bill. It is just a matter of wheth- with the PATRIOT Act. The first rea- are using a statute that was intended er or not I can be convinced that it son they say is that there is no connec- for the FBI to say the NSA can do this. doesn’t allow bulk collection under an- tion to any specific FBI investigation So I think the reasons are pretty other name. I am still worried about at the time of the collection. So, basi- clear—four specific reasons why the that. But I am open to it. cally, when they collect your phone PATRIOT Act does not justify the col- Some of these things—this is a very records, they are not even alleging that lection of these records. important bill. I mean, we could have a they are related to any investigation. The next thing the policy committee week of discussion on this bill, and But that is what the statute says. They looked at was they looked at and they amendments and a process. The only are supposed to be relevant to an inves- tried to decide whether there has been reason we are getting a little bit of this tigation, but there is no evidence and any practical effect. I know Senator is because I am kind of forcing the nothing is even presented that there is LEAHY was a part of this, looking at issue, but I would like to see the any investigation even going on. The whether any of these things actually amendments voted on. All the other investigation actually starts after they did catch terrorists. But this is what stuff we are doing around here is im- have collected all of your records. they concluded, and they actually portant but has no deadline. We could So how can section 215 say that you looked at the classified data. So the have done it next week or 2 weeks from can collect these records because they Privacy and Civil Liberties Oversight now—all the stuff we are doing right are relevant to an investigation that Board looked at the data, looked at the now. has not yet even begun? They use this classified data, and this is their conclu- But anyway, that is what I am going big data case later on when they say sion: to be asking for—the ability to present there is going to be an investigation. However, we conclude that the Section 215 five or six amendments, vote on them, So I think their No. 1 reason is pretty program, the bulk collection, has shown and then we will see. And I am more strong. There can’t be a connection or minimal value in safeguarding the nation than willing to talk with the authors from terrorism. . . . we have not identified a relevancy because there really is no in- single instance involving a threat to the of the USA FREEDOM Act to see if vestigation when they collect your United States in which the [bulk collection] there is a way, but it is going to have records. program made a concrete difference in the to involve some give and take to figure The second reason of the privacy outcome of a counterterrorism investiga- it out. commission was that the records are tion.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.098 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3145 Those are pretty strong words. The are just collecting this data at a lower buddies, who are all your friends, who Policy and Civil Liberties Oversight standard, but if you are not a terrorist are all your Facebook friends. Board commissioned by the President, you do not have to worry. But here is Realize the potential danger of hav- which is bipartisan, looked at the clas- the problem. They are collecting this ing so much information, so much of a sified data and said it didn’t find a sin- data with the lower standard, a less- dossier on every American citizen, even gle incident—not one incident—in than-constitutional standard, but then if they are not using it. But when you which it made a concrete difference in they are also prosecuting you for do- think that, well, this is fine because we the outcome of a counterterrorism in- mestic crime. are not doing it and good people are vestigation. Section 215 of the PATRIOT Act is running these agencies, realize that the Moreover, we are aware of no instance in being used 99.5 percent of the time for head of the Agency lied to us about which the program directly contributed to domestic crime. We are putting drug this program at all. He said it did not the discovery of a previously unknown ter- dealers in jail. That is another ques- exist. So when you get to be trusting rorist. . . . tion and another story. But then we these people to protect your individual What does this mean? We are not should vote on it as a country. OK. For information, realize that the most—at pushing a button and generating ter- drug dealers, we are not going to have the very top of the intelligence com- rorists out of this. The terrorists are the Constitution anymore, we are munity, the most famous person in our coming from real information. You going to have the PATRIOT Act for country dealing with intelligence lied have to realize that this misinforma- drug dealers. Let’s be honest about it. to a congressional committee and said tion and this wrong-headed informa- The war on drugs has had a disparate that this program did not even exist. tion has been used forever—for 15 impact, a disproportionate impact on The report goes on to say that the in- years—to justify the fact that we people of color. So you have to admit ability to expect privacy, vis-a-vis the should give up on the Fourth Amend- to all the young Black men and all the government and one’s telephone com- ment and we should give up on protec- young Brown men you put in prison munications, means that people en- tions. that we are no longer using the Con- gaged in wholly lawful activities, but Over and over people say that if we who for reasons justifiably do not wish only had the PATRIOT Act, we stitution to stick you in prison, we are the government to know about their wouldn’t have had 9/11. The two terror- using the PATRIOT Act to put you in communications, must either forgo ists they claim we would have gotten prison. We need to be honest with people. If such activities, reduce their frequency were in San Diego. We already knew the PATRIOT Act is about terrorism, or take costly measures to hide them about them. An informant lived with they should adopt my amendment that from the government surveillance. them for a year. The FBI wasn’t talk- The telephone records program thus ing to the CIA, they weren’t looking at says you cannot be put in jail for a do- hinders the ability of advocacy organi- lists, and they didn’t know they would mestic crime under the PATRIOT Act. zations to communicate confidentially come back. The CIA didn’t know. It Why? Because the PATRIOT Act has with members, donors, legislators, had nothing to do with having bulk dumbed down and loosened the stand- whistleblowers, members of the public. collection of our records. We knew ards. We do not have probable cause, Initially, in the 1970s when we set up about these people. It was crummy we have relevance. Realize that rel- the surveillance court, the security work. It was people not doing their job. evance, as they say in the Commission, I repeat: No one was ever fired. We has become completely circular and de- court, the FISA Court, they were done gave rewards. We gave medals of honor void of meaning, if you are saying that with individualized warrants. They got to everybody in the intelligence com- all the records in the country are information through individualized munity and no one was ever fired. somehow relevant to an investigation warrants. There were some true heroes—the FBI that has not yet begun. Beginning in 2004, though, the role of agent in Arizona and the FBI agent in They make a great point here about the security court changed when the Minnesota who actually discovered po- the fact that not only does this stifle government approached the court with tential hijackers. The 20th hijacker or invade your privacy, it may well sti- its first request to approve a program was captured before 9/11. The 20th hi- fle your speech and your association. If involving what is now referred to as jacker was captured a month before 9/ you are going to be associating with bulk collection. For the first several 11. That is the person who should have minority causes, unpopular causes, years, we did bulk collection—they just gotten the Medal of Honor. The person whether you are a kid from the North did it. They just said it was under the who would not listen to him should who went down to be in favor of civil inherent authorities of the President. have been fired. I have no under- rights, whether you are someone who This should scare us because there are standing or awareness that anybody belongs to the NAACP or the ACLU, people who believe that the inherent was ever fired over 9/11. they say: Yet, even though there is no authorities of the President are unlim- The Policy and Civil Liberties Board evidence of abuse— ited. That would not be a President. goes on to say that our review suggests And this is the big argument. Every- There would be another name for that. that section 215 of the PATRIOT Act, one says: Well, there has never been But if there are no limits to what the the bulk collection of records, offers any abuse, so it is fine to keep doing President can do, there is another little unique value. They explore a lit- this. name for it and it is not President. The tle bit of whether there is a privacy Yet, while the danger of abuse may seem Commission goes on to say that the problem with collecting all of these remote, given historical abuse of personal in- judge’s decision—their decisionmaking records and what are the implications formation by the government during the 20th would be clearly enhanced if they could of collecting all of these records. The century, the risk is more than theoretical. hear opposing views. So the privacy government’s collection of a person’s I could not agree more. Moreover, the commission advocates exactly what I entire telephone call history has a sig- bulk collection of telephone records am advocating for, that you should nificant and detrimental effect on an can be expected to have a chilling ef- have a lawyer in there with you and individual’s privacy. fect on the free exercise of speech and that there should be an adversarial Beyond such individual privacy in- association because individuals and type of procedure. trusions, permitting the government to groups engaged in sensitive or con- Because the thing is, is that it is like routinely collect calling records of the troversial work have less reason to any other dispute. If you have ever entire Nation fundamentally shifts the trust in the confidentiality of their re- heard two people arguing, figuring out balance of power between the State and lationships as revealed by their calling the truth is listening to both sides and its citizens. With its power of compul- patterns. trying to gather what the truth is. So sion and criminal prosecution, the gov- Realize that they are taking your I think that we get to the truth a lot ernment possesses unique threats to phone records, your calling lists, your more if we had someone asking ques- privacy when it collects data on its buddy lists, your ISP address, your tions. Realize also that section 215 of own citizens. email. They are integrating this into the PATRIOT Act says that the infor- Compound this with the fact that the some network where they can pull your mation has to be relevant to an inves- government—you could say: Well, they name up and find out who are all your tigation.

VerDate Sep 11 2014 02:26 May 21, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.099 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3146 CONGRESSIONAL RECORD — SENATE May 20, 2015 Without having someone in there to sides of the aisle on the critical under- we have clarity about time. We were argue your case, the court appears to lying issues about how we balance pri- told 4 years ago, when the reauthoriza- have not really had a great deal of dis- vacy and liberty, security and our civil tion fight was happening, that time cussion or, to my mind, thought about liberties. had run out and that we needed to re- whether bulk collection is somehow For nearly a decade, our government authorize it, without considering need- relevant. You might argue that if there has operated a program that collects ed reforms that were discussed and de- were opposing sides, as in a traditional massive amounts of information from bated in the Judiciary Committee. court, that maybe someone would innocent Americans without any spe- Two years ago, some of the core ele- stand up and say to the judge: How can cific suspicion they have done anything ments of this were exposed to the this be relevant? What investigation is wrong. Let me put that another way. world. A lot of my constituents raised it relevant to? For years, any American’s communica- legitimate and serious concerns about See, I think the FISA Court became tion data could have been tracked and it. Whether we are being asked to ex- such a rubberstamp that you were not collected by the government, whether tend it for 2 week or 2 days or 2 hours, even having these questions asked be- or not they were suspected of a crime. I think time has run out for us to even That program has been carried out cause how could you ask that question. discuss reauthorizing a program that under Section 215 of the PATRIOT Act If you are an advocate for someone who has explicitly been held illegal. We in- based on flimsy or mistaken interpre- does not want to give up their informa- stead need to come together and take tations of the original law, all in the tion, how could you ask the question up and pass the USA FREEDOM Act. whether it is relevant to an investiga- name of our national security. Yet the tion, and then the government would bulk collection program has had dis- Would my colleague from Kentucky say: Well, we are going to do it. It will puted and not arguably clear benefit to confirm that is the situation on the be relevant when we do an investiga- our national security. There is not one floor at the moment and on behalf of tion. clear publicly confirmed instance of a which he was speaking? No court, you would think, would un- plot being foiled because of this section Mr. PAUL. I think what is still un- derstand or accept that, if it were an 215 program. I have long been con- clear to me is what will be taken up adversarial procedure where you have a cerned about the scope and the reach of and what votes there will be on this. I lawyer on both sides. I don’t think you our intelligence community’s bulk col- believe that the debate is a very impor- can truly have justice—I think you can lection program. tant one, that it is one we should en- have a court that meets in secret. I That is why in 2011 I voted, along gage in and have a significant time to think courts can protect individual with my colleague from Kentucky, talk about, and there should be amend- names and I want them to. I thought against the straight reauthorization of ments. As you know, sometimes the Senator WYDEN made a great point the PATRIOT Act. I believed then, as I amendments get offered and then when he was out here. believe now, it would be irresponsible things sort of fall away. for Congress to continue reauthorizing Intelligence activities, at their core, I want to ensure that on something the law without taking steps to address we have to protect the names of this important that comes up only concerns about unlawful surveillance it operatives. You do not want the code once every 3 years and on which the has allowed, particularly given the fact out there, like if we have a great code court just below the Supreme Court that earlier this month a U.S. Federal and we are stealing information from has said we are doing something ille- circuit court specifically deemed this our enemies and we are eavesdropping gal, that we don’t just gloss over and program illegal. on our enemies, we do not want the say we are going to keep on doing code out there that shows how smart Fortunately, we have an alternative, which I believe the Senator from Ken- something the courts have said is ille- we are and how our technology works. gal. But if we are going to do something tucky has been expounding on behalf like collect the records of all Ameri- of, the USA FREEDOM Act, a bipar- As far as the end result of where it cans, that is a constitutional question. tisan bill passed by the House just last goes, I want to end bulk collection. So You can have opinions on both sides week by an overwhelming margin—I I agree with all of the people on the of it. I do not think there is much of a think it was 338 to 88. It would end USA FREEDOM side. I am a little con- valid constitutional reason for believ- bulk collection by only allowing the cerned that we might be transferring ing in this. But you can have an opin- Federal Government to seek call government bulk collection to pri- ion. In a democratic Republic, we could records retained by the telecommuni- vately held bulk collection. argue these points back and forth. But cations industry once it has estab- In the selector terms they use in the you really would have to have the abil- lished a record is relevant to an ongo- USA FREEDOM Act, it says ‘‘person.’’ ity to have a discussion over those ing investigation. It says ‘‘specific person.’’ I think it de- things. Because I think without that, I Records would no longer be stored by fines ‘‘person,’’ though, as still includ- do not think we can actually get to the government but would remain in ing corporations. My concern is that justice. the hands of telecommunications com- you could write into specific person Mr. COONS addressed the Chair. panies, which under FCC rules, in order ‘‘Verizon’’ again, and we are back The PRESIDING OFFICER. Does the to ensure that there is customer access where we started. Senator from Kentucky yield for a to records in the case of a dispute, they So if we could get to a point of, No. question? are retained for 18 months. This bill 1, allowing some amendments to be Mr. PAUL. Mr. President, I would strikes an important balance by pro- voted on and maybe changing it such yield for a question but not yield the tecting American’s privacy and ensur- that you can’t have—see, to me, the floor. ing our government can still keep our biggest issue here is a general versus a Mr. COONS. Mr. President, I am won- Nation safe. dering whether the Senator from Ken- In fact, there are some who might specific warrant. I don’t want warrants tucky would be good enough to confirm argue that the USA FREEDOM Act that you can get everybody’s records for me where I think the issue is that would allow a stronger and more ro- all at once or even one company’s. I is before the Senate today. So if I bust and more effective series of ac- want the warrant to say—and I am fine might, I will speak for a few minutes tions to keep our Nation safe. I urge with getting terrorists. I want to get about what I think is the core issue be- my colleagues to support it. I know terrorists. If John Doe is a potential fore us on the floor and then ask the these are difficult decisions for us to terrorist, put his name on it. You can Senator whether he would confirm that make. I know we all have concerns go as deep as you want into the phone this is his understanding as well. about our Nation’s security, but we records, but do specific warrants. But I At the outset, I will say it is rel- have to all have concerns about our don’t like it if you just say: I want atively rare for my colleague from Nation’s freedom. everybody’s records from a phone com- Kentucky and I to come to the floor in We fought for it from the very begin- pany. agreement on an issue, but it has hap- ning of our country. I want to just So I am concerned that we are trad- pened before on exactly this issue. I thank and salute Members here, col- ing one bulk collection for another think it is important that it be clear to leagues, and in particular my colleague form, and I need to be a little more as- folks that there are concerns on both from Kentucky for being insistent that sured on that. I think there might be

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.101 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3147 room for it if people were open to dis- too important of an issue not to. We I wrote something about ‘‘1984’’ a cussion on how we could figure out a have to put some sideboards on our na- couple of years ago, and I said when I way to get something through because tional intelligence agencies so that read it the first time—and a new big it is going to difficult, as you know, to they can keep us safe without violating brother, you know, was the danger of get to 60. It is going to be hard either our constitutional rights. We need a all these things. I thought, Oh, this is way. The other side wants the bulk col- real debate on this issue. terrible. But I felt comforted. I read it lection, and if people want the bulk Last week, the majority leader made probably in 1978. collection, they want more of it. And a decision to deprive the Senate and We didn’t have the technology to then there are at least half of us who the public of debate by taking up a eavesdrop on everyone. We didn’t have think it is the wrong thing to do. trade bill which we could have passed the technology to know everyone’s I don’t know the outcome, but I was in June. No doubt about it, we are ap- whereabouts. We didn’t have the tech- uncertain enough that I came today to proaching the Memorial Day recess. nology to have cameras in every house. come to try to draw attention to it. Some folks are anxious to go home, but In the book, they talked about look- And if I had a request today, it would we have work to do. I will continue to ing at people back and forth through be the leadership to let amendments to work with my colleagues to ensure two-way televisions and monitoring. go forward, that we agree on having a that we make real reforms to the PA- Everybody, as you know, had to be pretty free amendment process. TRIOT Act. If the people in this body careful where books were placed. You This is only every 3 years, and it is a don’t know that this is important, they had to read in secret basically. But be- big deal. We don’t have much legisla- don’t know the Constitution. cause the technology didn’t exist when tion come before us where an activity I thank everybody who spoke on the I read ‘‘1984,’’ I really wasn’t as con- has been said to be illegal by an appel- floor today. We need to have a debate. cerned about it. But the thing is that late court, we continue to do it, and We need to have a debate on what the you don’t lose your freedom in one fell then people want to advocate to con- PATRIOT Act is about, how it is being swoop; you lose it a little bit at a time. tinue to do something that is illegal. utilized, and how we need to move for- People say: Well, the people doing But I am going to try to see what I can ward. An extension is not acceptable. this are good people. get. I am hoping to get an answer— I yield the floor back to the Senator It is like the President said. When maybe today—from leadership on from Kentucky and thank him for the the President signed legislation a few work he has done on this issue. whether they will allow amendments years ago that said that an American Mr. PAUL. I thank the Senator from to this. I want to be pretty certain that citizen can be detained without a trial, Montana, and I think that is further he said: But I am a good man, and I is going to happen because they seem evidence that there is bipartisan sup- to fall away sometimes. won’t use this power. port for the Constitution. It is sort of a fundamental misunder- Mr. TESTER addressed the Chair. The PATRIOT Act went too far. We standing of law and the rule of law that The PRESIDING OFFICER. Does the have heard from both Senators from you think that the goodness of yourself Senator from Kentucky yield for a Montana, from opposite parties, who or the goodness of the individuals question? both wanted to defend the individual, around you somehow is the protection Mr. PAUL. I want to continue to wanted to defend the Bill of Rights, of the law. The law is really to protect keep the floor. I yield for a question and think that we have let the govern- you against bad people. The law is to without losing the floor. ment go too far. I think the American protect you when bad people get in of- Mr. TESTER. Mr. President, first, I people agree with this as well. thank the Senator from Kentucky for I think without question—this is one fice. The law—and those who believe in what he is doing. I think this is very of those things that are kind of per- the rule of law—is based on the fact important, and I stand here today with plexing, if you think about it. If you that there is an understanding that in my colleagues on both sides of the aisle ask most Americans, if you do a poll or the time of history, people were demo- to protect Americans’ privacy rights. a survey or ask most Americans cratically elected who were bad people I am very much concerned by the ‘‘Should the government be allowed to and that people, once given power, be- overreach we have seen in the name of look at your phone records without come addicted to it and they want national security, and I oppose efforts any suspicion that you have committed more of it. to reauthorize any piece of it without a crime?’’ I think there are a very low Lincoln once wrote that any man can real reforms. number who think that. But then when stand adversity, but if you want to Folks in Montana know I have been you get to Washington, it is almost the truly challenge a man, give him power. an opponent of the PATRIOT Act since opposite. You have people in Wash- That is what we are talking about. We it was signed into law. Why? Because ington who have, I think, viewpoints are talking about unlimited power. We the PATRIOT Act violates law-abiding that are really out of step with what are not even talking about power that citizens’ rights to privacy—something the American people want. is constrained by law at all. we hold dear in this country. We do I think the American people really The whole idea that the PATRIOT need to make this country as secure as have decided that the bulk collection Act has anything to do with the bulk we possibly can, but we cannot do that of records is wrong, that it is unconsti- collection is a farce. The President’s at the expense of our constitutional tutional. The second highest court in privacy commission has really put this rights. the land has said it is illegal. Yet, you in bold for us, that really there is noth- It has been talked about here earlier still have a significant body of people ing about the PATRIOT Act that has today that a Federal court recently in this country saying: Not only keep any resemblance to what we are doing ruled that the NSA bulk data collec- doing it, let’s do more of it. with bulk collection. So that is not tions are illegal, flat illegal. But keep The problem is that if we are going only the rule of law, that is people in mind that the NSA used the PA- to allow records to be collected with- within government, within the execu- TRIOT Act to authorize those data col- out individualized suspicion, what we tive branch, who have made the deci- lections. Yet, in the Senate, some of are doing is allowing something, when sion that they are going to do whatever our colleagues think we should reau- we talk about bulk collection, that has they want. thorize those expiring provisions with- no sort of determinants for what sus- One of the things that worries me out even having a debate on the merits. picion is. You can imagine what the about this debate—and I think it is We have seen this before. It has hap- danger of that is if you apply that to good that we are having the debate— pened several times since I have been everything. there is apparently a section of the PA- in the Senate. Also, in an age where we have com- TRIOT Act as we passed it the last Trying to jam an extension of the puters that can analyze and hold so time that says that if the PATRIOT PATRIOT Act through the Senate at much information—they are building Act is not extended, all things pre- the last minute is not fair to this body, them bigger and bigger and gathering viously being investigated before will and it is not fair at all to the American more and more and processing this in- continue. So we really kind of have a people. We deserve a real debate on pri- formation—there is great danger that perpetual PATRIOT Act, if you will. vacy and security in the Senate. It is could come from this. That worries me a little bit, but then it

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.103 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3148 CONGRESSIONAL RECORD — SENATE May 20, 2015 worries me a little more that we are I think the American people are not really requiring convictions before not even really paying attention to the ready for us to be done with this. My we take their stuff. This is a separate PATRIOT Act; we are doing whatever hope is that during today we will call but related problem because it has to we want. It is sort of a lawlessness that attention to this and that the Amer- do with using records to gain entrance allows us to collect bulk records be- ican people will say: Who are these peo- to people and to then take their stuff cause there is no relevance to an inves- ple who want to keep collecting our without a conviction. tigation. As they said in the privacy records without a warrant, and why do I think that is an important ques- commission, we are collecting the they still want to do this when the peo- tion. Are we innocent until proven records before there is any investiga- ple who have investigated it have de- guilty? Are we really going to allow tion. So there is no relevancy to an in- termined that no one has been cap- the government to take possession of vestigation. The investigation hasn’t tured by this program, no one has been your things, to take possession of your started yet, unless the investigation uniquely identified by this program? things without a conviction? I would could be defined as everything. So there really is a consideration of think the presumption of innocence is I like the way they put it. They said whether we are going to listen to the an incredibly important doctrine that we would have to destroy the definition American people. Are we going to wake we shouldn’t so casually dismiss. of ‘‘relevancy’’ to believe that there is up? Are we a representative body? This is a poll that was commissioned any component of relevancy to these This question is, Are we going to by the ACLU on Monday, and they investigations. allow a debate on something that only asked a sample of 300 likely voters be- But we are collecting records of comes around every 3 years or are we tween the ages of 18 and 39 a few ques- every American all of the time right going to say ‘‘My goodness, it is the tions. now. It may not be just phone records; weekend, it is Memorial Day weekend, It says: Which of the following state- they say the biggest source of collec- and we are up against a deadline, and ments about reauthorizing the PA- tion now is probably actually through we just don’t have time to listen to TRIOT Act do you agree with more? Some people say Congress should section 702 of FISA, the FISA amend- this. We don’t have time to talk about modify the PATRIOT Act to limit gov- ments. We are not exactly clear who the Bill of Rights because we just don’t ernment surveillance and protect gets scooped up in that. have time. I know it has been 3 years Americans’ privacy. Sixty percent Once again, if these are the records of that we have known this date was com- foreigners, if these are the records of agreed. ing up, but we don’t have time’’? Other people say Congress should people bent upon attacking us, I am all I think at the very least we could preserve the PATRIOT Act and make for getting that. But the way they are make time, and that is my request collected—and by some allegations, in- no changes because it has been effec- today. My request of the leadership on tive in keeping America safe from ter- tentionally so—we are sometimes tar- both sides of the aisle is: Can we not geting a foreigner, so we don’t have to rorists and other threats to national make time? There are at least 10 or 15 security, like ISIS or Al Qaeda. That use a standard at all in order to get in- of us who will cosponsor about 5 or 6 formation on an American. was 34 percent. amendments that we want votes on. So let’s say they want information Those are the overall numbers. If you Frankly, I think with the mood of the on you. I am not sure why, because look at it by all parties—Democrats, some of this is being used for drug country, we have a chance on a few of Independents, and GOP—it is 58 per- crimes and domestic crimes. So let’s these. cent or greater. In fact, Democrats and I would like to see how a vote would say they want information on you and Republicans are pretty equal, which is turn out on the idea, for example, that they don’t want to get a warrant or a interesting, with 59 percent of Demo- we are using a less-than-constitutional judge says no. In fact, that sometimes crats and 58 percent of Republicans happens, that the FISA Court judge standard to gather information that we thinking we have gone too far in the says no and then they use one of these say is for terrorism, but then we put PATRIOT Act and that Americans’ pri- other end-around ways that don’t even people in jail domestically for crimes vacy is being disturbed by the PA- require a FISA Court judge. that are completely and entirely unre- TRIOT Act. The level of lawlessness is appalling. lated to terrorism; that whether or not If you look at Independents, it is 75 The level of lawlessness is astounding. we can use information gathered in a percent among men who are Inde- It disappoints me that the President, nonconstitutional or a less-than-con- pendent and 65 percent among women who was once considered by some to be stitutional way is going to be used for who are Independent. somewhat of a civil libertarian, does domestic crime. The survey asked people: Do you find nothing. When the President ran for of- If you believe that, it means we are it concerning the U.S. Government is fice, the President said that national carving out in our domestic laws an collecting and storing your personal in- security letters ought to be signed by area where the Constitution doesn’t en- formation, like your phone records, judges. He was in the exact same place tirely apply. Section 213 allows the en- emails, bank statements, and other where I am on civil liberties with re- tering of the house in a nonconstitu- communications? Eighty-two percent gard to these warrants, the national se- tional way—a way that, if it were done are concerned the government is stor- curity letters. Yet, his administration in a straight-up fashion, the courts ing this information. issues them by the hundreds of thou- would say it is illegally gathered infor- Over three-quarters of voters found sands. I don’t think they are even re- mation and wouldn’t be admissible in four different examples of government porting these anymore for us. I think court. spying personally concerning to them: they were reporting them for a few I think we ought to have a vote. Is The government accessing personal years, but we are no longer getting in- the PATRIOT Act our less-than-con- communications, information or formation. stitutional means of gathering infor- records without a judge’s permission— But it disappoints me that the Presi- mation to be used in domestic court? 83 percent—using that information for dent is not really willing to do any- Here is the other question, if they things other than stopping terrorists, thing about this. The President could will be honest with us: Are they using such as I mentioned, doing convictions end the bulk collection tomorrow. It is them in any other courts? Are there for drugs, were the most compelling ex- done by Executive order; it could be IRS investigations that begin as ter- amples for voters. undone by Executive order. rorist investigations but end up in IRS With regard to whether the govern- It is disingenuous, at the very least, court? ment accesses any of your personal that the President says: Oh, yes, we are In some ways, I think yes is the an- communications, information or going to balance liberty and security. swer. We have now the IRS basing in- records you share with a company Well, no, he is not. He is not bal- vestigations of people maybe for polit- without a judge’s permission, people ancing anything. He is just continuing ical purposes but definitely for the pur- were asked to tell them whether they to collect all of our records without a poses of whether individuals are doing were concerned with this issue. Eighty- warrant. He is continuing to do bulk or transactions in certain ways or wheth- three percent were concerned. general collection of records without a er their records are in a certain way. When asked about the government warrant. And because it is done this way, we are using information collected without a

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.104 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3149 warrant for things other than stopping Once we are doing valid warrants, we there are some Executive orders that terrorist attacks, 83 percent were con- are not doing this sort of dragnet. We are clearly in defiance of what the leg- cerned. are not doing this sort of vacuuming up islature has done, and these are clearly When asked about the government of everything. We are not becoming illegal. And the Supreme Court struck allowing private companies to use pub- overwhelmed with a lot of incidental down what Truman had done. lic school technology programs to data. We are specifically going to the I think we need to revisit that de- track online activities of school- heart of things. We are specifically bate. Because what is happening in our children, 77 percent were concerned. going to the core of whether we can ac- country—and it may well be the big- When asked if the government per- tually get the people who are attacking gest problem in the country and is part forms instant wiretaps on any phone or us. of what is going on with this bulk col- other telecommunications devices lo- When we look at the privacy report lection but really is part of a bigger cated in the United States, 76 percent we have talked a little bit about—the problem—is that power has drifted were concerned. Privacy and Civil Liberties Oversight away from Congress or has been abdi- From this ACLU study of young peo- Board, a bipartisan board that basi- cated and given up. We gave the power ple—I believe they were all ages 18 to cally said very explicitly to the Presi- to the Presidency, and we didn’t do it 39—participants were asked whether or dent that what he was doing is illegal— just in one fell swoop. It wasn’t just not these were conditions that would it does still boggle my mind the Presi- Republicans. It wasn’t just Democrats. lead you to believe that Americans dent was told by his own privacy board It was a little bit of both, and it has need more protections of their privacy: what he was doing was illegal and he been going on for probably over 100 Local police and the FBI need a war- just keeps doing it. It somewhat bog- years now. I think it accelerated in the rant issued by an independent judge for gles the mind that he was told by the era of Wilson, but over decades it has a valid reason before they search your appellate court that what he is doing is gotten bigger and bigger and bigger. home or property without your permis- illegal and yet he just keeps doing it. Under the New Deal, the executive sion; the same should be true of your It is an incredible deflection. It is in- branch grew an alarming amount, but email and phone records. And 84 per- credibly disingenuous when the Presi- more recently it continues to grow by cent agreed. dent says: Well, we are going to bal- leaps and bounds. If you ask that question in Wash- ance liberty and security, and I am just It may well be that the No. 1 issue we ington, it is about a 10 or 15 percent waiting for Congress to tell me what to face as a country is that we have had question. Most people in Washington do. Well, he didn’t wait for Congress to what some have described as a collapse don’t think your email or your phone tell him to collect the phone records. in the separation of powers. Madison records should be protected by needing In fact, we never did such a thing. talked about that each branch would a warrant. But if you ask most Ameri- Even the people intimately involved have ambition to protect their own cans the question—particularly young with passing the PATRIOT Act—those power; so we would pit ambition Americans—should your email or your who were the cosponsors and authors of phone records be protected by a war- against ambition and then each would the PATRIOT Act—have all said they rant? Most people say yes. jealously guard their power, and, as The government requires some com- never intended and don’t believe the such, power wouldn’t grow. Power panies to intentionally include secu- PATRIOT Act gives any justification would be checked. But power has rity loopholes in their services to make for bulk collection of records. So Con- grown. It has grown alarmingly so and it easier for law enforcement to access gress never authorized the bulk collec- mostly grown and gravitated to the ex- your information. These are these tion of records. ecutive branch. backdoor things where they can insert Two different Commissions the Presi- In the short time I have been here, I malware. This makes the government dent has put forward—the privacy and have seen that in many ways the least less safe by leaving us vulnerable to civil liberties as well as the review of our bureaucrats are more powerful terrorists and spies of foreign countries commission—have both told him it is probably in some ways than the great- who want to harm the United States. illegal. Yet he keeps going on. est of our legislators, and the most Eighty-one percent were concerned I have heard very little questioning powerful of our legislators are some- with this and thought we should have of the President or his people about what of less power than bureaucrats. more privacy. this. I kind of wonder why we don’t ask Almost every constituent that comes I think it is clear the American peo- more questions, why we just sort of ac- to talk to me from Kentucky and has a ple are concerned about what we are cept that a program that is said to be problem with government—as we ex- doing. What isn’t yet clear is whether illegal by the courts, a program that is plore the problem and explore the solu- the message has been transmitted to said to be illegal by two different inde- tion, we discover that Congress didn’t Washington; whether or not there is pendent commissions—why wouldn’t pass their problem. Congress didn’t enough of a majority growing in Wash- we just stop it? Why does the President write the rule that is beleaguering ington to actually do something about not have the wherewithal to stop it? It them. Congress didn’t inflict the pun- this. But I think the numbers are grow- disappoints me. ishment that is making it difficult for ing. The program was actually begun them to run their business. It was done Over 300 people in the House ac- even before the PATRIOT Act was fi- by an unelected bureaucrat. knowledged there was a problem and nalized. We did this for a couple of This has grown, and sometimes it has passed legislation. I have mixed feel- years simply by Presidential edict. grown from even when we had good in- ings on the legislation. I think, with- This is another concerning develop- tentions. We tried to do the right thing out question, I agree with those who ment in our country; that more and and it turned out wrong. Probably that voted for it that bulk collection of more of our government is run by Ex- is really the story of Washington as records is wrong and that it should end. ecutive edict or by Executive order— well. I have been a little more in the camp, thousands and thousands of Executive Take even the Clean Water Act. The though, that we should just end the orders. Clean Water Act I support. I would bulk collection of records and replace In the 1950s, we had a discussion of have voted for it from 1974. It says you it not with a new program but with the Executive orders. I think it is the only can’t discharge pollutants into a navi- Constitution. time it has gone to the Supreme Court gable stream. I agree with that. The I personally think we could survive with the Youngstown Steel case. In problem is that over about a 40-year with the Constitution. I think we could that case, the Court came down and period we have come to define dirt as a also survive and catch terrorists with said there are three different kinds of pollutant and my backyard as a navi- the Constitution. In fact, I think we Executive orders: There are Executive gable stream. So, once again, we have can get more information with the orders that are clearly in furtherance taken our eye off the prize. Constitution. I think valid warrants of legislative action, and those are per- The things we really ought to have are much more powerful. A valid war- fectly legal. There are Executive orders the government involved with—big rant allows a great deal more informa- that are debatable, whether they fur- bodies of water, bodies of water be- tion and it is also specific. ther legislative action or not. But then tween the States, rivers, lakes, oceans,

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.105 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3150 CONGRESSIONAL RECORD — SENATE May 20, 2015 air—there is a role for the government sissippi. It was what he considered to thing. This should make you concerned to be involved. But because we have be uplands. There were trees growing about having records. In Westchester— people abusing the rights of private on it, so usually trees are not really a I think that is where the Clintons live. property owners and saying, if you put typical feature of wetlands. His daugh- Anyway, they decided they would re- dirt in your backyard, we will put you ter was 43 at the time and he was 70. veal all the gun records. So in West- in jail, it has become sort of to the They were going to develop the lots chester they revealed whether you had point of craziness. But it is all execu- and sell the lots, and so he dumped a gun or didn’t have a gun and where tive branch overreach. some dirt there. The EPA got involved you lived. There was a case that went to the Su- and they convicted him using the RICO Can you imagine how that might be a preme Court a few years ago in Idaho. statutes. This is what you are supposed problem? Let’s say you are a wife who A couple lived near a lake but about a to get gangsters and drug dealers with. has been beaten by your ex-husband mile from a lake. They didn’t live on It was conspiracy. They got him for and you live in fear of him and you ei- the lake. It was on an incline, and conspiracy to violate the Clean Water ther have a gun or you don’t have a there were houses on both sides of their Act by putting clean dirt on his own gun. Either way, you don’t want your property. So they bought their prop- land where there was no water to begin ex-husband to know where you live. erty and started doing what everybody with. He was given 10 years in prison. And particularly if you don’t have a else did—back-hoeing, creating a foot- He just got out of prison about a month gun, you don’t want your ex-husband print, filling it and putting down foot- ago. He is now 80 years old. That is who beat you to know you don’t have a ers. what is happening in America. gun. The EPA showed up and said: You are So if you wonder why some of us are Think if you are a prosecutor or a destroying a wetland, and we are going worried about our records being judge. They get threatened by the peo- to fine you $37,000 a day. snatched up, we are worried that our ple they put in jail. Would you want They were kind of like: Well, I own government has run amok, that your name in the paper with your ad- thought if it were a wetland, there our own government is out of control, dress and that you have a gun or don’t would be water or standing water or it and that our own government is not have a gun? would look like the Everglades or there really paying attention to us. would be some sort of evidence that it To put a 70-year-old man in prison So you can see how privacy is kind of was wetlands. for 10 years for putting clean dirt on a big deal. Privacy can mean life and The EPA said: Yes, there is evidence. his own land—the person who did that death in that kind of situation. If any one of 300 different species of ought to go to jail. They ought to be I think we ought to be more cog- plants grows in your backyard, we can put in a stockade, publicly flogged, and nizant of what a big deal this is and define it as a wetland. If we can take made to pay penance for a decade for what a big deal the Bill of Rights is. leaves and flip the leaves over and they doing something so stupid. We shouldn’t be so flippant that we are are black on the bottom, it indicates But the thing is this is going on. like: Oh, yes, whatever. We have to be there is moisture on the leaves and you A guy named John Pozsgai was a safe. Maybe we catch a terrorist, could be a wetland. Hungarian immigrant. He came here maybe we don’t, but we have to do this This all came out of crazy executive from communism and he loved our and we just have to give up some of our overreach. We did not do any of that. country. He worked hard and he had a freedom to be secure. Congress did not do one iota of this ex- mechanic shop in Morristown, NJ. It It turns out, though, when we look at pansion. It was done some by these law wasn’t in the greatest part of town. It the objective evidence, it doesn’t ap- courts—these EPA courts—but it was was a commercial part of town. Across pear we are safer. It appears that when done a lot by executive definition of the street from him was a dump. It did they have alleged that we are safer, what a wetland is. flood on occasion, but the reason it what has happened is that it doesn’t In the early 1990s, under a Republican flooded was because the ditches were look like we have gotten any unique President, we redefined wetlands. They full of 7,000 tires. People were just intelligence from these things. commissioned a book—a 150-page book, throwing all kinds of crap there. There I think there is probably nothing 200-page book—and they just redefined were all kinds of rotted-out auto- more important than discussing the what a wetland was. By redefining mobiles. It was a junkyard, so they had Bill of Rights and talking about our what a wetland was, we doubled the thrown all this stuff out there. civil liberties. I think we need to have amount of wetlands in the country He bought the land pretty cheaply an adequate debate. It is supposed to be overnight—not by preserving land but because it was a junkyard, and he de- what the Senate was famous for. by redefining a lot of land that really cided to clean it up. He picked up 7,000 My hope is that from drawing some is not a wetland. tires. He picked up all the rusted auto- attention to this issue today we will Now, through the waters of the mobiles. And, lo and behold, when he United States, we are connecting ev- get an agreement, and that is the cleaned the drainage ditches, it no agreement we are going to ask for. We erybody to the ocean somehow and say- longer flooded. But he started putting are going to ask for an agreement from ing that every bit of land is somehow some dirt on there and the government both parties to allow amendments to connected to navigable water. said he was breaking the law and that the PATRIOT Act, and we could start I was talking to one of the Senators he was once again contaminating the any time they are ready. If somebody from Idaho a year or so ago and I liked wetlands. He was a Hungarian and he wants to send a message to the leader- what he told me. He told me: In Idaho, didn’t like to be told what to do, and I ship that if they are ready to come out we have a very precise definition of can understand the sentiment. So he and allow debate and allow amend- what a navigable stream is. You put a just kept putting dirt on there. He de- ments on the PATRIOT Act or a prom- log in of a two-inch diameter, and it cided to do it at night, and they caught ise to do this before the expiration, we has to float 100 feet in a certain period him because they spent—I don’t of time. I just loved the definition of it know—a quarter million dollars on could probably get something moving. because that sounds like a stream that cameras and surveillance to catch a I think the American people are is probably moving and there is water guy putting dirt on his own land. ready for that debate. We can look at in it. But we now say a crevice in the He was bankrupted. They put him in the statistics, particularly among side of a mountain, if when it rains jail for 3 years, they fined him 200-and- young people. It is a 70- to 80-percent water goes over, it is a stream. But as some thousand dollars. They wiped him issue, where young people are saying, a consequence, we are shutting down out so he couldn’t pay the taxes. They for goodness’ sake, we don’t want our America. broke his spirit. I met his daughter. It records scooped up and backed up by People complain about jobs, but they is just a tragic case. the government without any suspicion. are all for these regulations, and then So if you wonder why some of us are I think also young people get this they complain that they don’t have a worried about the government having more than others because they are used job. all of our records— to their records being digital, they are One gentleman decided he was going I talked earlier about what happened used to their records being on their to put dirt on his land in Southern Mis- in Westchester, and this is an appalling phone. They are very aware that their

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.107 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3151 records are stored on a server some- they are there when they come. The formation sufficient to warrant a pru- where, and they have grown to expect problem is that people were being dent person’s belief that . . . evidence privacy. woken up in the middle of the night of a crime or contraband would be Some say, oh, that is crazy. Young and they were grabbing their gun by found in a search. ‘Probable cause’ is a people share their information all the their bedside. If they are in a high- stronger standard of evidence than a time. Well, you do and you don’t. I crime neighborhood, they have a gun reasonable suspicion, but weaker than share my information when I buy by their bedside and they are some- what is required to secure a criminal things online, but I am sharing it times shooting the police. Mostly they conviction. Even hearsay can supply through an agreement. The people I are looking for drugs. I hate drugs probable cause if it is from a reliable share it with, the companies that then about as much as anybody. I have seen source or supported by other evi- market other things to me, have addiction to drugs, I have worked with dence.’’ agreed, through a privacy agreement, people as a physician and I know what It is kind of interesting because peo- not to share my information, not to it is like. But the thing is that barging ple are so worried about getting a war- sell my information. I am to be anony- through doors in the middle of the rant, even a warrant can be supported mous. They will market to me, but night leads to accidents in both ways: by someone making an accusation. It is they promise to keep me anonymous. Police get shot; police accidentally not perfect. In fact, there are some peo- We are comforted by the fact that we shoot the victims sometimes. ple who complain warrants are too have a privacy agreement, and that if In Modesto, I think in 2002, they easy to get. But the thing is there is no millions of people sued them, they burst into a home at 1 or 2 in the morn- evidence that it is really overly hard to couldn’t get away with revealing our ing, yelled and screamed: Everybody get a warrant. If we went back to the information. get on the ground. There was an 11- Constitution—I had this debate years What I don’t like about some of the year-old kid. He got on the ground, and ago the last time I came up for re- different things we are doing—and this the officer’s shotgun accidentally dis- newal, and I was walking along with includes the USA Freedom Act—is that charged. It was an accident, but it one of the other Senators who sup- we give liability protection. When we didn’t help the kid. He died. ported the PATRIOT Act. He acted as give liability protection, I think it is The thing is, do we really need that? though, you know what, if it expires at an invitation to say: You know what. Do we need to come in the middle of midnight, what will we do? My re- Your privacy agreement isn’t really the night looking for marijuana or any sponse was maybe we could live with that important, and if you breach it, kind of drug? Couldn’t we come in the the Constitution at least for a while. nobody is allowed to sue you. So I daytime and knock on the door and We did for hundreds of years. think that is something we ought to be say: We have a warrant. Is there anything so unique about the very careful with, and if we do end up I know police work is not without times we live in that we could not still having a debate on this and we do end risk and people do shoot back at them. live under the Constitution? The up having amendments on this, that we So I understand where they are coming Fourth Amendment has its origins in consider taking out the liability pro- from, and I want to protect them and English common law. The saying that for them to be safe. I want to protect tection. a man’s home is his castle, this is the the police, but I actually think it pro- I also think the most important idea that someone has the right to de- tects the police more if we go in the thing is if we decide that bulk collec- fend their castle or home from invasion way we do with traditional warrants tion is wrong, we need to understand from the government. how you get bulk collection. You get and not without unannounced war- Based on the castle doctrine in the bulk collection because you have a rants. 1600s, landowners first recorded legal Of course, there are different cir- nonspecific warrant. You don’t have an protection from casual searches from cumstances or exigencies. There are individualized warrant; you have a gen- government. Some of the famous cases times when the police go in without eral warrant. are actually in the 1760s, but even at any warrant at all. If there is some- This is what we have been fighting least 100 years in advance of that, they thing imminent going on or some since the time of John Wilkes in 1760 in were beginning to develop protections threat of a danger or situation inside, England, to James Otis in the 1760s the police go in. I think, for the most for people from the government. here through John Adams. The debate It is interesting to realize this is not part, we are better off if we do things and the thing that we found most egre- a new phenomenon where we are talk- and do them in the traditional way gious, the thing that we found most ob- ing about protecting ourselves from with warrants. jectionable was the idea that a warrant When we talk about how warrants government. We protect ourselves and for your information wouldn’t have have changed, one of the changes is the government helps us protect ourselves your name on it, it wouldn’t be individ- standard for what the warrant is issued from others who may be violent ualized or that it wouldn’t be without with. Even if it were individualized, if against us. But we have always—for suspicion or that it would occur with- it says that you only have to say they hundreds and hundreds of years—been out a judge’s warrant. It really was one are relevant to an investigation. That aware that government does bad things of the things that annoyed us more is a big step down from probable cause. too. If you do not ration the amount of than anything else. One of the things People have defined ‘‘probable cause’’ power you give to government, you can that Adams said was the spark of our over time in different ways. get to the point where the great abuse war for independence was just the This is from Ballentine’s Law Dic- comes from government itself. So they sheer gall of British soldiers coming tionary. A common definition of ‘‘prob- began to use warrants. But in England into our house without a warrant be- able cause’’ is ‘‘a reasonable amount of the debate quickly developed over cause most of the records are in your suspicion, supported by circumstances whether a general warrant was ade- house. We don’t see basically the phys- sufficiently strong to justify a prudent quate or a specific warrant. This is ical and abrupt entry into your house and cautious person’s belief that cer- where John Wilkes comes in. This is anymore, but it happens nonetheless. tain facts are probably true.’’ where James Otis comes in. It happens in just less of a physical Some lawyer must have written that. One of the debates over the separa- way because your records are virtual But you can kind of get a little bit of tion of powers that we have—this is now. But how we let people come into understanding that we are supposed to pretty commonly going on, although I our house is pretty important. go through some kind of thought proc- think the people who believe in unlim- On the issue of warrants—this isn’t ess and there is supposed to be evidence ited inherent powers are probably the specific to the PATRIOT Act, but it is of suspicion. It is not the standard of majority of Washington. But there is a a related issue. The issue is whether we proving guilt, proving beyond the pre- debate over what people call article II should allow people to come into our ponderance of the fact or any kind of powers. The article II is where the Ex- house in the middle of the night with doubt. It is a standard, and it is a ecutive is given powers under the Con- what is called a no-knock raid. The standard we have had for a long time. stitution, but there are people who sort sneak-and-peek, they come in and The Oxford Companion to American of believe in this unlimited nature. leave. But the no-knock raid, you know Law defines ‘‘probable cause’’ as: ‘‘In- There is really nothing that restrains

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.109 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3152 CONGRESSIONAL RECORD — SENATE May 20, 2015 it. In fact, some have said even in the speech and he said: Well, the good news by that is that you need government. debate over this, the Executive Order is that if the American people are We need government for a stabilizing No. 1233 that is involved in some of this upset, if they are upset about things, force. There are things government records production, it is really none of intelligence activities, and they think needs to do. But it is a necessary evil our business because it is article II. It it is an overreach, they have every op- because you have to give up your lib- is part of the inherent powers of the portunity to use the democratic proc- erty to have some government. How do President to, in times of war or times ess to change things. This went you give up your liberty? You give up of conflict, to do whatever they need to through the White House censor and some of what you earn. Your liberty is do. the White House censor—counsel, ad- who you are. Your liberty is what you I think that is a dangerous suppo- viser, boss—decided they needed to produce with your hands, and your lib- sition, to think that really there are take that out of his speech because erty is what people will pay you to do times when there are no checks and they did not want to imply, really, with your hands, what you do to balances. I personally think probably that intelligence activities could be produce. That is your income. That is one of the most genius things we got changed through democratic action, you. That is your liberty. out of our Founding Fathers was the because they took the opinion appar- If we have 100 percent taxation, I checks and balances and the division of ently that the inherent powers of arti- would say you have no liberty. You are power. cle II are not subject to democratic ac- essentially a slave to the State. If you Montesquieu was one of the philoso- tion. have 50 percent, you are only half phers the Founding Fathers looked to When I think of the people who say slave, half free. The thing is that the and some say when we were setting up that the inherent powers are unlimited smaller your government, the lower the separation of powers that he was and the President has these powers your taxation and the more free you probably where we got the example. that are not to be checked by Congress, are. But it is an argument for, if you Montesquieu said that when the Execu- I do not think of a Presidency. I think are concerned about freedom, you tive begins to legislate, a form of tyr- of a different word, and it is not would want as small a government as anny will ensue because you have al- ‘‘President.’’ you possibly could have that still did lowed too much power to gravitate to I am very concerned about whether the things that you think are nec- one body and you have not divided the we are going to let this go on. There essary. power. The division of power was one of are some other side effects that come The other argument I like for why the—if not the most important—the from this. As you allow the executive you should keep your government most important things we got from our branch unlimited power and as you small is what I call the efficiency argu- Founding Fathers. But we are having allow the bureaucracy to grow, a con- ment. The efficiency argument was this collapse of the separation of pow- sequence or a side effect has been that best expounded by Milton Friedman, ers. It is getting to be where there is an the debt has grown to alarming propor- who said that nobody spends somebody ancillary body which is Congress, and tions. We borrow about $1 million a else’s money as wisely as their own. then there is the executive branch, the minute. We have an $18 trillion debt. There is sort of a truism to that. You behemoth, the leviathan. As the debt has grown larger and the think about it in your own life. If I ask The executive branch is so large that executive branch has grown bigger, you for $1,000 to invest in a business en- really the most important laws in the your Congress men and women have terprise, you will think: How long did land are being written by bureaucrats. grown more ancillary and more periph- it take me to earn $1,000. You will No one elects and no one can unelect. eral to the entire process. But I am one think: I had to pay taxes, I had to save, In an average year, there are over 200 who believes there are limits. I think I had to pay all my expenses to get this regulations that will cost the economy there is a limit to how much debt we $1,000. You will think how much you $100 million apiece. We do not vote on can incur and how rapidly we can incur prize that, and you will not make the any of them. We vote indirectly for the it. decision in an easy fashion. You will President, but I think that is so indi- I think already we have seen sort of make your decision not perfectly, but rect that it is a real problem. an anchor or a burden, an effect on the if you compare your decision spending I think what we have now is an exec- economy that pulls us down and causes your money to a politician spending utive branch that legislates. The col- growth to be less vibrant. Some say 1 the money, it is just bound to be a lapse of the separation of powers is a million jobs a year are being prevented wiser decision. It is a more heart- collapse of the equilibrium. This equi- from being created because of this. wrenching decision. It ends up typi- librium is what kept power in check. I think that if we are not careful, cally being a better decision. If you ask When I think who is to blame for this, this collapse of the separation power, a politician for $1 million, that might it is not one party; it is really both this collapse of equilibrium, as we let be equivalent to $1,000 or it might not parties. this get away from us, we are also get- mean anything to him. You might ask When we have a Republican in office, ting away from the control over our fu- him for $10 million. Republicans tend to forgive the Repub- ture. We are letting the power accumu- Think about it this way: We gave $500 lican President and give them more late in such a rapid fashion that if you million to one of the richest guys in power. When we have a Democrat in of- want to see how much power is accu- our country to build something that fice, the Democrats tend to forgive a mulating, you can almost make the nobody seemed to want, and he lost all Democrat and give the Democrat more analogy of looking at the debt clock. If of the money. And you think to your- power. you go to debtclock.org and watch the self, do you think the person in the De- A more honest sort of approach to debt spiraling out of control, as the partment of Energy that gave $500 mil- this or a more statesman’s like ap- debt grows larger and larger, you basi- lion to one of the richest guys in the proach to this would be that if we were cally are seeing a diminishment of a country to build something we didn’t able to have both parties stand up as a corresponding diminishment of your want feels bad or doesn’t sleep well at body and if there were pride in the in- freedom. It is of concern. night? No. I think they gave that per- stitution of Congress—pride such that It is of concern how rapidly this is son the money because that person was we were jealous of our power, that we happening. There are two philosophic a big contributor. They were an activ- were pitting our ambition to keep our reasons we should be concerned about ist for their candidate, so when the position against the President regard- power. One is that power corrupts. candidate got in power, they used the less of the President’s party affili- More basic than that is that as power Department of Energy as their own ation—then we might have a chance. grows, there has to be a corresponding personal piggybank to pass out loans A lot of the things about collection loss of your freedom. I call this the lib- to their friends. Nobody feels bad about of bulk data were not known for years erty argument for minimizing govern- the fact that they lost the money be- and years but have been going on for a ment. Thomas Payne made this argu- cause it wasn’t their money. It is the long time. One of the things I found ment. Thomas Payne said that govern- efficiency argument for why you most troubling in the John Napier Tye ment is a necessary evil. What did he should think the government should be op-ed was that he said—he was giving a mean by that? I think what he meant small.

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.110 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3153 Before the PATRIOT Act, there was administration said that because the should be protected, why do it? You something called Stellar Wind. This Nation had been thrust into an armed can’t sue them. If you have a privacy was a secret also, and we didn’t learn conflict by foreign attack, the Presi- agreement with your phone company, about this for many years, but this was dent has determined in his role as Com- they don’t care. Nobody can sue them. started immediately after 9/11 and was mander in Chief that it is essential for You have no protection. You have no revealed by Thomas Tamm at the New defense against a further attack to use standing in the court to protect your- York Times in 2008. But it was basi- these wiretapping capabilities within self. That is one of the problems with cally a prelude to the bulk collection the United States. He has inherent con- the USA FREEDOM Act, is that we are we are having now. stitutional authority to order giving liability protection once again The amazing thing about bulk collec- warrantless wiretapping. to the phone companies for something tion is none of this is new. It has been The memo goes one step further. It new. going on now for 14 or 15 years. It says that the President has the inher- One question I would ask, if there doesn’t make it any less objectionable, ent constitutional authority to order was anybody who would actually tell but it is not new. We have now had warrantless wiretapping—we are talk- me the answer, would be, if we already bulk collection under two different ad- ing about warrantless, not any kind of gave them liability protection under ministrations. One administration got a subpoena—an authority that Con- the PATRIOT Act, why are they get- a great deal of grief for this, and then gress cannot curtail. ting it again under the USA FREEDOM the next party ran and said: We are If we really believe bulk collection is Act unless we are asking them to do going to change these things and do wrong and if we really believe we need something new that they didn’t have things differently. And they did them to be a check and balance on the Presi- permission for? the same or more so. There really had dent, we should just be getting started The other thing about the USA not been any change, and I guess that with reining him in on bulk collection FREEDOM Act is that if we think bulk is why some people are concerned as to because the President—this was the collection is wrong, why do we need whether we will truly get change. previous administration—says these new authorities? Why are we giving The program’s activities in Stellar authorities they are using cannot be them some kind of new authority? Are Wind involve data mining of large curtailed by Congress. If you talk we restricting our authority in section databases of communications of Amer- about a Presidency that has powers 215 of the PATRIOT Act on one hand ican citizens, including emails, tele- that are not checked by Congress, I and then expanding it on another? phone conversations, financial trans- don’t think you are talking about a I think when people are dishonest actions, and Internet activity. William Presidency here. There is another with you, you are right to be doubtful Binney, a retired leader within the name for that kind of leader, but it is and you are right to try to cir- NSA, became a whistleblower because not ‘‘President.’’ cumscribe and to put their power in a he believed these programs to be un- The argument here is astounding. box so you can watch them and make constitutional. The argument here is that they can sure they are honest. The intelligence community was also collect anything they want without a In June of 2013, the Washington Post able to obtain from the Treasury De- warrant because the President has the and the Guardian published an article partment suspicious activity reports. inherent constitutional authority to from the Office of the Inspector Gen- So we are back to these banking re- order warrantless wiretapping—an au- eral—a draft report dated March of 2009 ports that are issued. thority Congress cannot curtail. I that detailed the Stellar Wind Pro- If we decide to fix bulk records and think that is alarming. gram. So in 2009, there was evidence try to do something about this injus- A few years later, the Office of Legal that Stellar Wind was still going on. tice, the main thing is we should be Counsel came back—this is also from And realize that Stellar Wind is not aware that this is not the only pro- the administration—and concluded what we are talking about. Stellar gram. There are probably a dozen pro- that at least the email program was Wind would be other bits of informa- grams. There are probably another not legal, and then-Acting Attorney tion that are being collected beyond dozen we have not even heard of that General James Comey refused to reau- your phone records. they will not tell any of us about. And thorize it. I think if we had somebody here or if realize that they are not asking Con- William Binney, a former NSA code we had somebody who would honestly gress for permission; they are doing breaker whom we have talked about tell us, I would sure like to know if whatever they want. and who is a whistleblower, talked they absorb and collect all of our credit We did not give them permission about some of the activities of the NSA card information. I have a feeling it is under the PATRIOT Act to do a bulk and said they have highly secured probably done. I don’t know, and I have collection of phone records. They are rooms that tap into major switches and not been told, so I am not revealing a doing it with no authority or inherent satellite communications at both secret. I guess it is done. I am guessing authority or some other authority be- AT&T and Verizon. all of your records are collected be- cause the courts have already told The article—I believe this was the cause the thing is, we have the audac- them there is no authority under the New York Times—suggested that sup- ity of the executive branch saying they PATRIOT Act. There is also no com- posedly dispatched Stellar Wind—sup- have inherent constitutional authority monsense logic that could explain—no posedly they were no longer doing to do anything they want, to order commonsense logic that could say this—continues as an active program. warrantless wiretapping. According to there is a relevancy to all the data of This conclusion was supported by the the executive branch, they have an au- every American. exposure of room 641A in AT&T’s oper- thority that Congress cannot curtail. When Stellar Wind came about, there ation center in San Francisco in 2006. That doesn’t sound like the Office of were internal disputes within the Jus- It gets back to the trust factor. the Presidency to me; it sounds like a tice Department about the legality of The Director of National Intelligence governmental official whom you have the program because the data was said they were not collecting any bulk no control over. It sounds inconsistent being collected for large numbers of data, but he wasn’t telling the truth. or antithetical to a constitutional re- people, not just the subjects of FISA They tell us Stellar Wind ended back in public. How can you have a Presidency warrants. The Stellar Wind cases were 2005 or 2006, but then we find a room at that has unlimited power? That is what referred to by FBI agents as pizza cases AT&T that is still hooked up directly they are telling you. because many seemingly suspicious to the NSA. They are telling you it is in the serv- cases turned out to be food takeout or- I would like to see the phone compa- ice of good. We are going to catch ter- ders. Imagine also that if we are look- nies be better defenders of our privacy, rorists, and we are going to do good ing for interconnecting spots, a lot of but with the PATRIOT Act, we gave things. We are going to look at all of people order pizza. them immunity. Even if there were your information, but we are never According to Mueller, approximately some individuals in the phone compa- going to abuse your privacy. 99 percent of the cases led nowhere. nies who cared about your privacy and During September 2014, the New York Nevertheless, internal counsel for the thought your phone conversations Times asserted, ‘‘Questions persist

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.112 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3154 CONGRESSIONAL RECORD — SENATE May 20, 2015 after the release of a newly declassified mation in a way that is consistent with that talks about the upcoming battle version of a legal memo approving the the Constitution. from a couple of weeks ago, he writes— NSA Stellar Wind program, a set of When we get to the Privacy and Civil this is on the USA FREEDOM Act, and warrantless surveillance and data col- Liberty Board’s recommendations, this is sort of the big debate because lection activities secretly authorized they have several good recommenda- many people on both sides of the aisle after 2001.’’ The article addressed the tions. think the bulk collection of records is release of a newly declassified version No. 1, the government should end its not constitutional. We think it exceeds of the 2004 memo. Note was made that section 215 bulk telephone records pro- the government’s power and it exceeds the bulk program—telephone, Internet, gram, period. They say that the pro- the Constitution. But what many are and email surveillance of American gram as it is constituted implicates proposing to replace it with is the USA citizens—remained secret until the rev- constitutional concerns under the First FREEDOM Act. elations by Edward Snowden and that and Fourth Amendments. This is the This is what Patrick Eddington to date, significant portions of the President’s Privacy and Civil Liberties writes: The USA FREEDOM Act claims memo remain redacted in the newly re- Oversight Board. to end the controversial telephone leased version as well as that doubts Without the current section 215 pro- metadata program, but a close reading and questions about its legality con- gram, the government would still be of the bill reveals that it actually tinue to persist. able to seek telephone calling records leaves key PATRIOT Act definitions of When we go back to the Privacy and directly from the communications pro- ‘‘person’’ or ‘‘U.S. person’’ intact, so a Civil Liberties Oversight Board, as viders through other existing legal au- person is defined as any individual, in- they get closer to their conclusion, thorities. I think the other existing cluding officer or employee of the Fed- they talk once again about the idea legal authorities could be the Constitu- eral Government, or any group, entity, that you are only hearing one side. I tion. Could we not just call a judge and association, corporation, or foreign think that no matter how honest and get a warrant and go down to the phone power. no matter how patriotic people are, one company and get what we want? I So the question I have is, it sounds side just won’t do it. You can’t find the think there is a way we can do this good that we are going to make the whole truth when only the government that is still consistent with the Con- definition of whose records we go after presents their position. The Privacy stitution. when we say it is going to be a specific and Civil Liberties Oversight Board (Mr. GARDNER assumed the Chair.) U.S. person. The problem is that we said that the proceedings with only one The other recommendation they then define ‘‘person’’ as ‘‘corporation.’’ side being presented raised concerns have, other than ending the program, So we get back to the same argument: that the court does not take adequate is that when the bulk collection pro- If we are going to search the database account of positions other than those gram is ended, the records should be of all of a person’s phone calls and we of the government. They recommended purged so there is no chance that this say that a person is Verizon, we are the creation of a panel of private attor- can be abused again in the future. again stuck collecting everybody’s neys and special advocates who can be One of the arguments for the NSA records. brought into cases involving novel and has been that they collect the data, it What I don’t want to have happen significant issues by FISA Court is in a database, but it is only accessed and what I won’t be able to support is judges. when they have what they call reason- a bill that becomes bulk collection of a I think this would be a step in the able, articulable suspicion. person’s records, just under a different right direction, but I think also that One of the recommendations of the venue. I am not sure that one’s privacy what we need to do is we should really privacy board, though, was that they has been protected more if it were now probably give you the ability to have not be given the ability to judge just asking the phone companies for your own attorney. If this is a court whether there is reasonable, bulk collection where we were taking proceeding, I think you need your own articulable suspicion; that it would ac- their data, sourcing it, and getting it attorney so you have somebody who tually go to an independent judge to from the companies after they gave it works for you and is your advocate. determine that. So the recommenda- to the government. I am just not sure But a special advocate would be better tion of the privacy board was that if it is that much—distinctly different. than what we have. these should go to the review of the In the USA FREEDOM Act, they talk The Board goes on to conclude that FISA Court before they are able to about the idea that we will get special ‘‘transparency is one of the founda- query the database. advocates, and I am for that. I think tions of democratic governance. Our There are many different groups who that is a good idea. But Patrick constitutional system of government have been fighting for our privacy in Eddington points out a flaw. He says relies upon the participation of an in- this country, and it is a coalition of that the FISA Court has sole discretion formed electorate. This in turn re- people both from the right and from to appoint or not appoint these amicus quires public access to information the left. We have seen it today as dif- curiae or these special advocates. So it about the activities of the government. ferent Senators have come to the floor. could be that a FISA Court that really Transparency supports account- We have had Senators from the Repub- has not been too inquisitive, a FISA ability.’’ lican Party as well as from the Demo- Court that has determined that all of I could not agree more. It is even cratic Party. We have had those from your records are somehow relevant, more important when we talk about the right, from the left, conservatives, may not be the most inquisitive to ap- the intelligence agency because of the libertarians, and we have had progres- point an advocate for you if they have extraordinary power we give to these sives. There has been a combination of been able to define ‘‘relevance’’ as people, the extraordinary power we folks who also have one thing in com- meaning all of the records. give them to invade our privacy and to mon, and that is the belief that the Bill Another deficiency of the USA have tools to invade our privacy. We of Rights should be protected. FREEDOM Act is that it does not ad- have to trust them, so there needs to Among the private groups who have dress bulk collection under Executive be a degree of transparency. But trans- done a good job with this is Electronic Order 12333. The bill also fails to ad- parency doesn’t have to involve state Frontier Foundation. They have been dress bulk collection under section 702 secrets. It doesn’t have to involve one of the groups who have done a good of the FISA Amendments Act. codes or names. But the transparency job. In one of their newsletters, they One could say: What are you com- needs to involve what they are doing. quote RON WYDEN, who says: We have plaining about? You are getting some Do we think any terrorist in the world not yet seen any evidence showing that improvement. You still have problems, doesn’t realize that all of the informa- the NSA’s dragnet collection of Amer- but you are getting some improvement. tion is being scarfed up? It is not a se- ica’s phone records has produced any I guess my point is that we are hav- cret that they are doing this. uniquely valuable intelligence. ing this debate, and we don’t have it So we should have an open debate in Patrick Eddington writes for CATO. very often. We are having the debate a free society about how it should be CATO is another group who has been a every 3 years, and some people have done and whether we can gather infor- good supporter of privacy. In an article tried to make this permanent, where

VerDate Sep 11 2014 02:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.113 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3155 we would never have any debate. Even to be more at risk for sabotage by for- idea that I think was represented in though we are only having it every 3 eign countries, foreign governments, the NAACP v. Alabama. I believe this years, it is still uncertain whether I and sabotage from hackers if they was back in the seventies, which set will be granted any amendments to build a portal. So if the government forth a First Amendment claim, and this bill. says ‘‘We need a portal to stick our big this claim is that there is a vital rela- So, yes, I would like to address ev- nose in your business and suck up all tionship between freedom of associa- erything while we can. I think we your information,’’ my guess is that tion in privacy in one’s associations. ought to address section 702. I think we sophisticated hackers and sophisti- The point is that sometimes when you ought to—for goodness’ sake, why cated foreign governments will say are protesting either for or against won’t we have some hearings on Execu- that most of American software now something that is very unpopular, tive Order 12333? I think they may be has a flaw, and the American Govern- sometimes you even worry about your having them in secret, but I go back to ment is getting into it. What do we safety. There were people who lost what Senator WYDEN said earlier. I think these people will do? They will their lives in the freedom movement, think the principles of the law could be develop programs to look for the flaws in the civil rights movement. There discussed in public. We don’t have to and churn through until they find our were people who lost their lives. And reveal how we do stuff. Do we think flaws. you can understand how in those days anybody in the world thinks we are not It is the opposite of what we should people might have been worried for looking at their stuff? Why don’t we be doing. We should be trying to keep anybody to know they belonged to the explore the legality and the law of how foreign governments, foreign snoopers, NAACP or they opposed the Jim Crow we are doing it as opposed to leaving it and foreign competitors out of our laws in the South. But it was an impor- unsaid and unknown in secret? stuff, including the U.S. Government, tant case because it talks about how Part of our secrecy is sort of back- but we are doing the opposite. the fact is that information can be firing on us also because what is hap- There is a lot left to be desired with kept private and should be kept private pening is in keeping this secret, people the USA FREEDOM Act. I try to be for fear it will chill speech, for fear it believe the worst. Everybody around supportive of moving forward, but I will put a damper on who people would the world believes the worst about it. can’t support it unless we are able to associate with, for fear that it would Everybody around the world believes incorporate some of the other ideas I put a damper on dissent, which is a that they are having all their stuff think are necessary. fundamental aspect of a Republic. The people say we are just not doing looked at, that their emails are being In a letter from a couple weeks ago enough. This week, many have come looked at. So if you are a businessper- from some congressional leaders, they out and said: We have to collect more son in Europe and you are trying to ne- point out something that I think bears data. We are only collecting a third of gotiate a secure deal—a deal where you repeating. Mass surveillance, the bulk the data. We have to get more data. don’t want your competitors to know collection, harms our economy. Mass what you are offering to buy a certain The interesting thing is that we are surveillance will cost the digital econ- company—I would think you probably spending $52 billion a year on intel- omy up to $180 billion in lost revenue wouldn’t use American email, and I ligence in our country—$52 billion. We are spending $10 billion in the NSA by 2016. would guess that is what is happening. We are not getting any new bad guys American companies are starting to alone. It is $167 per person in the with this, we are abrogating privacy, try to figure out a way around this, are United States. I think it is hard to argue we are not doing enough already. and we are losing money. trying to offer encryption. What does The Internet companies in our coun- I think the argument can be made, the government do? The President’s ad- try, the whole software world, the though, that we are doing it in such a ministration is all over the airwaves, whole hardware, all of this, have been all over Washington, all over the place haphazard, all-collecting, all-con- some of America’s greatest triumphs, talking about how the companies are suming, indiscriminate way that some of America’s greatest ingenuity. somehow evil for wanting to encrypt maybe we are not getting the best bang Yet we are willing to squash all that in their data. for our buck. I saw the Secretary of the Depart- There have been many groups out a battle that really is going to damage ment of Homeland Security in my com- there. We mentioned Electronic Fron- our privacy, isn’t helping us in the war mittee the other day, and I said: You tier Foundation, TechFreedom, Liberty against terrorism, and is going to realize it is your fault. Is it the compa- Coalition, GenOpportunity, Competi- make it such that nobody in the world nies’ fault that they are trying to pro- tive Enterprise Institute, is going to want to buy American prod- tect their information for their cus- FreedomWorks—a lot of different ucts. I think it is a disgrace and, once tomers? They are trying to make a liv- groups from right and left that are op- again, I don’t think it is purposeful. ing. It is your fault for bullying them posed to this bulk collection of data. Nobody wants to harm our companies, and stealing their information and There is an interesting article re- but I think it is just another unin- stealing all of Americans’ information. cently written by Anthony Romero tended consequence—a bad policy not We are simply reacting to the bully with the ACLU, and the title of it is thought through. that you are. ‘‘The Sun Must Go Down on the PA- The ACLU commentary on the USA Most of the issues Patrick Eddington TRIOT Act.’’ In it he refers back to FREEDOM Act has come up with some points out in his piece are issues that both of the review groups we talked ideas of things they think would make we actually have amendments for that about and the Privacy and Civil Lib- the bill stronger. One, they say the bill would make the bill stronger. So if erties Oversight Board, and he says and could be amended to prevent surveil- there are arguments that maybe the reiterates a point that is incredibly im- lance of individuals with no nexus to USA FREEDOM Act could be made bet- portant, that ‘‘there was no evidence at terrorism: ter—definitely reauthorizing it by all that the NSA’s massive surveillance The 2015 USA FREEDOM Act would au- itself is a big mistake, but if alter- program had ever played a pivotal role thorize the collection of records and commu- natives are going to be offered, maybe in any investigation.’’ nications identified by a ‘‘specific term’’. I think we ought to be able to figure . . . This would stop the government from we could try to offer alternatives that conducting indiscriminate surveillance of make the USA FREEDOM Act better. out something from this, and we ought virtually all citizens and from engaging in The other idea Patrick Eddington to be able to learn that not only is narrower but still-egregious forms of abuse, puts forward is that there is no bar on there a constitutional question of this, like the surveillance of everyone in an entire the government imposing backdoors there is also the question of whether zip code or all those who use a given commu- being built into electronic devices. practically it is doing anything to nications provider, like Gmail. However, the That is what we have talked about be- make us safer. If it is not making us current SST definition is still not strong fore, that the government is mandating safer, it is extraordinarily expensive enough to prevent ‘‘bulky’’ collection. . . . to different companies that they have and we are losing our freedom in the This is the point I have been making, to have access to their product. process. Why don’t we shut it down? and this is something you need to be I think it is an under-discussed devel- Different advocacy groups for a vari- very careful about in Washington, be- opment that the companies are going ety of opinions have put forward the cause the minute you think you have

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We up on the floor, and wound up losing a wearing my feet out and my voice may still get a reform like this and lot of the better stuff that was in it. today, is that we would like to find then find out we are still going to get The third recommendation is what out, Will the leadership allow us to bulky collection; that a corporation’s we mentioned a few minutes ago, which have amendments? name can be put in the specific selector is to make sure there is a strong advo- We would like to know and have an term, and—so we were worried about cacy, a special advocate; that it is a agreement that we will specifically be the government giving us all of strong advocate that goes before the allowed to offer these amendments we Verizon’s records. Now we are just FISA Court. As the Second Circuit have worked on for 6 months to a year sending a warrant to Verizon that has Court decision observes, adversarial ju- now. We have waited for 3 years for the their name in it and we are getting all dicial process is vital, especially on opportunity. We would like to know, of their records. matters as critically important as the Will leadership let us have these The example they put here is that government’s authority to spy on its amendments? Will leadership allow a you could still end up having the sur- citizens. This is a really important free and open debate over how to fix veillance of everyone in the entire ZIP point, the adversarial judicial process. this bulk collection program? Code or all of those who use a given There are some—Judge Napolitano The backdoor thing with 702 is a communications provider like Gmail. has written on this—and I think he has pretty important thing. It is collecting So Gmail is a specific term. Are we not made the point that without an adver- enormous amounts of data. Earlier still back where we were and have we sarial process, you really can’t even today we talked about how this data, really fixed the problem? have a judicial process. If you don’t that 9 out of 10 pieces of data are not The ACLU goes on to say that the have people on both sides arguing or about the target, they are just inci- bill should be amended to narrow the advocating for a position, there really dental. I think there was one estimate SST definition—the selector term—to isn’t a court. It really is not a judicial that we have had 90,000 targets, but it prevent this kind of bulky surveillance. proceeding that we can recognize as means that we have really had 900,000 The bill should also make crystal finding justice. But the FISA Court bits of information on other individ- clear, consistent with the Second Cir- only hears from one side, the govern- uals collected, but it all just gets stuck cuit—which has come out since this ment. in a database. So the database keeps bill was written—that section 215 can- But the ACLU points out that these growing and growing and sometimes it not be used to amass Americans’ advocates participate solely at the dis- is intentionally so, that we want to in- records for open-ended data-mining cretion of the court and can make ar- vestigate a guy here, but we don’t want purposes unmoored from any specific guments that do not advance privacy to ask for a warrant, so we investigate investigation. and civil liberties. a guy overseas that we know already I think this is incredibly important. Yet, if you are hired by the govern- talks to the guy over here, and now we The USA FREEDOM Act wants to take ment, are you really going to be the are really investigating Americans a step forward, but we need to make best advocate for privacy? without a warrant. So they rec- sure the ruling from the Second Circuit The fourth suggestion that the ACLU ommended we stop this backdoor ac- that has already passed, that we don’t has to make the USA FREEDOM Act cess. This is something Senator WYDEN do something that either moots the better is that we should limit addi- and I have also been in favor of as well. case or we don’t do something that ac- tional authorities that have been used Another recommendation the ACLU tually expands the power of 215 when to collect America’s records in bulk. has is that our current laws punish in- the court has already restricted the We now know that the government has dividuals for providing material sup- power of 215. conducted bulk surveillance not only port to terrorists. I have no problem The ACLU’s second recommendation under 215 but also under a host of other with that, but they have been used ap- is that we should include procedures to statutes, including existing adminis- parently to prosecute people seeking to ensure that the government purges ir- trative subpoena authorities. provide humanitarian assistance. The relevant information. Right now the For example, for two decades, up USA FREEDOM Act should add an ex- bill would allow the collection of irrel- until 2013, the Drug Enforcement Agen- plicit intent requirement to the mate- evant information under 215 and other cy operated a program that collected rial support law. authorities without minimization pro- the international call records of Amer- There is another comment from the cedures. icans in bulk, reporting under existing Sunlight Foundation by Sean Vitka, This kind of reminds me—if you want administrative subpoena laws. So here and the title is the ‘‘USA FREEDOM to know how much information we are is a real question: What other authori- Act is about to pass through the grabbing up and how worried to be ties are we operating under that are House—is it a step backwards?’’ about it, there was an article in the collecting bulk records? They are doing Sunlight and others have had major con- Washington Post a couple of months it under administrative subpoena laws. cerns about the USA FREEDOM Act for ago, and it said the President had been They are doing it for the DEA. I still some time. Broadly speaking, it isn’t a satis- minimized 1,227 times. We are col- think the more I learn about this, the factory level of reform given what we’ve lecting the President’s data, all right. more questions I have as to how many learned in the past two years about govern- You can say, well, we are being fair, we other authorities are still collecting ment surveillance and the immense secrecy are getting everybody’s. For goodness’ things. I would still like to know, are that surrounds it. Until last week, it’s fair to sake, we should not be collecting the say some considered the bill a net positive, they collecting all the credit card in- some a net negative and that no one thought President’s information. In fact, you formation in the country? Are they it was enough for reform. might inadvertently have somebody doing that under Executive authority? As time has progressed, we’ve seen what reading that who really shouldn’t be Are we really living in a country now began in 2013 as a decent, if tunnel-visioned, reading the President’s information. where nobody in the government ques- compromise chipped away at, including the We should not be collecting the Presi- tions someone when they say that transparency and accountability provisions dent’s information. That is ridiculous. under article II authority the Presi- ... But we are minimizing the President, dent can do whatever he wants and I think this is an important point, which means we are finding it and sort that this can’t even be corrected or because the USA FREEDOM Act start- of whitening it out and hoping nobody challenged at all by Congress? ed out pretty good. It got a little bit has read it in the process. The fifth recommendation from the less good over time. But think about There were earlier versions of the ACLU is to stop the government from where we are right now. It passed over- USA FREEDOM Act that included using section 702 of FISA as a backdoor whelmingly in the House. The majority some of these basic protections on get- to conduct surveillance on Americans. in the Senate does not want it because ting rid of or minimizing irrelevant in- This was one of our amendments that they think it lessens the bulk collec- formation from bulky surveillance. we also have. In fact, most of these are tion too much. So they are going to This is sort of the problem. This bill amendments that I would present, if we chip away at it again. So imagine started out pretty good in the House, are allowed to present them, which is where we are going to be in the end if

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The sacrifices made in the bill in we do a bunch, are we really individ- Napolitano goes on: order to secure these modest reforms ualizing or are we not growing it into None of this is new. It has been at the core grew more dramatic. For instance, the bulk collection? of our system of government since the 1790s. USA FREEDOM Act was always a They include the following among It is embodied in the Fourth Amendment threat to court challenges and may those selection terms—ones they are which is the heart of the Bill of Rights. It is have mooted the ACLU’S tremendous worried about: the Internet protocol quintessentially American. The PATRIOT Act has purported to do away with the court win last week, if it had passed address or cloud source accounts of en- search warrant requirement, by employing last year. This is the point I have been tire organizations, in contravention of language so intentionally vague that the making. The luckiest thing we ever got the Fourth Amendment’s particular- government can interpret it as it wishes. is that we did not pass the USA FREE- ized probable-cause-based warrant. Add to this the secret venue for this inter- DOM Act last year because the courts Additionally, Sunlight goes on to pretation, the FISA court, to which the PA- are probably going to do right now a point out what I pointed out as well, TRIOT Act directs that NSA applications for better job than legislation. that the term ‘‘person’’ is not defined authority to spy on Americans are to be If fact, we might be better off not as an individual natural person, and made, and you have the totalitarian stew that we have been force fed since 2001. passing the USA FREEDOM Act and the bill does not alter the PATRIOT Because the FISA court meets in secret, seeing what the courts will do for us on Act’s original definition of person, Americans did not know that the feds were this because there is a danger it moots which includes any individual, officer spying on us all of the time and relying on the case. But there is a danger also or employee of the Federal Govern- their own unnatural reading of the words in that it is seen as actually giving jus- ment or any group, entity, association, the PATRIOT Act to justify it until Edward tification for the program, which I corporation. Snowden spilled the beans on his former em- guess is kind of mooting the case as You know, I really feel what we could ployer nearly 2 years ago. well. The ruling in the appellate court be doing back here is—we think we Here is another reason I think to could also—they are agreeing with won. We get the USA FREEDOM Act, question whether USA FREEDOM may what I just said—do more than USA and then 2 years from now, we find out be the best bill for us. There was an ar- FREEDOM aspired to do, because it in- they are plugging the name ‘‘Verizon’’ ticle in the Daily Beast by Shane Har- terprets the word ‘‘relevance’’, saying into their selection term and they are ris the other day. The title of it is it does not authorize bulk collection still collecting all the records from ‘‘ ‘Big Win’ for Big Brother: NSA Cele- and that that word is not used in sec- Verizon. So I think unless you can brates the Bill That’s Designed to Cuff tion 215. limit this to an individual, a natural Them.’’ So I think that is a good point, that person, I think really this is one of the It was supposed to be the declawing of the court is saying that the word ‘‘rel- biggest problems we have with the USA America’s biggest spy service, but what no evance’’ does not authorize bulk collec- FREEDOM Act at this point. one wants to say out loud is that this is a big win for the NSA, one former top spook says. tion. So you have got bulk collecting Sean Vitka goes on to say that there is a concern that it expands the cor- Civil libertarians and privacy advocates going on, but there is no authorization were applauding yesterday after the House of from 215 on it. porate immunity. We have discussed Representatives overwhelmingly passed leg- Here is the question: Is USA FREE- that as well today—that by removing islation to stop the NSA from collecting DOM going to allow bulky—perhaps that companies act in good faith, we Americans’ phone records in bulk. But bulk—collection, and do we wind up ac- also are going to pay the companies they’d best not break out the bubbly. tually giving back more power to the now to do this as well. The real big winner here is the NSA. Over at its headquarters in Fort Meade . . . intel- intelligence community when we are Judge Napolitano wrote about this just the other day, May 14. He writes: ligence officials are high-fiving, because they trying to limit their power? I think we know things could have turned out much A decision last week about NSA spying by need to be very careful with what we worse. ‘‘What no one wants to say out loud is a panel of judges on the U.S. Court of Ap- do here. that this is a big win for the NSA, and a huge peals in New York City sent shock waves Sunlight goes on to say—Sean Vitka: nothing burger for the privacy community,’’ through the government. The court ruled said a former senior intelligence official, one It’s unclear whether the primary goal of that a section of the PATRIOT Act that is of half a dozen who spoke to The Daily Beast USA FREEDOM, the rewriting of Section 215 due to expire at the end of this month, on about the phone records program and efforts to stop bulk collection, is already accom- which the government has relied as a basis plished and whether USA FREEDOM could to change it. for its bulk collection and acquisition of Here’s the dirty little secret that many open us all up to more secret interpretations telephone data the past 14 years, does not and new venues of surveillance. spooks are loath to utter publicly, but have authorize that acquisition. This may sound been admitting in private for the past two I think that is an incredibly impor- like legal mumbo-jumbo but it goes to the years: The program— heart of the relationship between the people tant question. Several groups that ini- The bulk collection program— tially supported USA FREEDOM have and their government and a free society. The PATRIOT Act is the centerpiece of the which was exposed in documents leaked by backed away from it. ACLU and EFF Federal Government’s false claim that by Edward Snowden in 2013, is more trouble agree that the USA FREEDOM Act as surrounding our personal liberties to it, it than it’s worth. it stands now is not worthy of support. can somehow keep us safe. The liberty-for- ‘‘It’s very expensive and very cum- I think some of these may be neutral safety offer has been around for millennia bersome,’’ the former official said. It re- on it, but they have backed away from and was poignant at the time of the founding quires the agency to maintain huge data- some of their support. Some of the con- of the American Republic. bases of all Americans’ landline phone calls. cerns that Sean Vitka talks about here The Framers addressed it in the Con- But it doesn’t contribute many leads on ter- rorists. It has helped prevent few—if any— are shortcomings in the USA Freedom stitution itself, where they recognized attacks. And it’s nowhere near the biggest Act. He says that it accepts the the primacy of the rights to privacy contributor of information about terrorism premise that mass surveillance under and assured against its violation by that ends up on the President’s desk or other these programs is necessary, despite government, by intentionally forcing it senior decision makers. the findings of the congressional joint to jump through some difficult hoops If, after the most significant public debate inquiry and the 9/11 Commission to the before it can capture our thoughts, about balancing surveillance and govern- contrary, and also despite that the Pri- words, or private behavior. These hoops ment in a generation, this is the program vacy and Civil Liberties Oversight are the requirement of a search war- that NSA has to give up, they’re getting off easy. The bill that the House passed yester- Board said it was not necessary. rant issued by a judge based on evi- day, called the USA FREEDOM Act, doesn’t Sean Vitka goes on to say that one of dence called probate cause, dem- actually suspend the phone record program. his other concerns is that the USA onstrating that it is more likely than Rather, it requires that phone companies, FREEDOM Act effectively continues not that the government will find what not the NSA, hold on to the records.

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.119 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3158 CONGRESSIONAL RECORD — SENATE May 20, 2015 That bears repeating. At least from That is right. stead of ‘‘Intel inside’’ you are going to the author’s perspective of this article, ‘‘The USA Freedom Act’’—the supposed say ‘‘U.S. Government inside’’ of every the USA FREEDOM Act does not actu- reining in of the NSA—‘‘was literally born computer. Is that what we were trying ally suspend the phone records pro- from Alexander,’’ the former official said. to do? gram. Rather, it requires the phone So the NSA effectively got what it wanted. So the clipper chip battle in the 1990s But that doesn’t mean privacy activists got companies, not the NSA, to hold onto was a very famous debate about ex- the records. nothing, or that they’d count the law’s pas- sage as a loss. actly how we were going to proceed on ‘‘Good! Let them take them. I’m tired of There is a large coalition, 50 maybe making sure that we were guaran- holding onto this,’’ a current senior U.S. offi- teeing privacy to U.S. citizens. So cial told The Daily Beast. It requires teams 100 different groups, that have all been of lawyers and auditors to ensure that the in favor of trying to end the bulk coali- clearly we were successful in defeating NSA is complying with Section 215 of the tion. We have been working together the clipper chip, but it took a lot of PATRIOT Act, which authorizes the pro- on this. We have mentioned the Elec- time and a lot of energy. gram, as well as the internal regulations on So I thank my colleague for con- how records can and cannot be used. The tronic Frontier Foundation, the Elec- phone records program has become a polit- tronic Privacy Information Center, the tinuing to fight on these important ical lightning rod, the most controversial of ACLU, FreedomWorks, Bill of Rights issues. You mentioned many of the or- all of the classified operations that Snowden Defense Committee, The Constitution ganizations that were also involved in exposed. If NSA can still get access to the Project—across the spectrum, right that battle. Are you saying that now records but not have to hold on to them and left. you believe there are new government itself, all the better, the senior official said. efforts to thwart our encryption capa- ‘‘It’s a big win for common sense and for The question is on encryption, the country,’’ Joel Brenner, the NSA’s whether the government will be able to bilities? former inspector general, told The Daily break through the encryption that Mr. PAUL. I thank the Senator for Beast. ‘‘NSA can get to do what it needs to businesses are trying to devise to keep that question. I think there is a new do with a higher level of scrutiny and a little them out. sort of political rhetoric attacking more trouble, but it can still do what it There is an article in the New York encryption, but I think there will be needs to do. At the same time, the govern- Times, though this is from 11⁄2 years ment is not going to hold the bulk metadata more efforts. This article is from about of the American people.’’ ago, saying: a year ago, but I think what is going to ‘‘The NSA is coming out of this un- The National Security Agency is winning happen from this—and what I have scathed,’’ said the former official. If the USA its long-running secret war on encryption, been hearing from people—is there is FREEDOM Act passes the Senate—which is using supercomputers, technical trickery, ultimately going to be encryption that not a foregone conclusion—it will be signed court orders and behind-the-scenes persua- is not housed by any company. They by President Obama and create a more effi- sion to undermine the major tools protecting are going to have encryption—the only cient and comprehensive tool for the NSA. the privacy of everyday communications in That’s because under the current regime, an Internet age. . . . The agency has cir- way to get to the encryption is through only the logs of landline calls are kept. But cumvented or cracked much of the the individual. This is being done be- in the future, the NSA will be able to get the encryption, or digital scrambling, that cause the government has overplayed cell phone records from the companies, too. guards global commerce and banking sys- their hand. Because the government That bears repeating. This week, ev- tems. has been such a bully on this, compa- erybody was talking about and saying: Continuing: nies are going to continue to get fur- We are not getting enough. The people ‘‘For the past decade, N.S.A. has led an ag- ther and further away. What they are who want more surveillance are saying: gressive, multipronged effort to break widely going to do is the encryption will only We are not getting enough. We are only used Internet encryption technologies,’’ said be in control of the user. When that getting the landlines. We are only get- a 2010 memo describing a briefing about happens, the government is not getting ting one-third of all of the records. N.S.A. accomplishments for employees of its any information at all. British counterpart. Here is the allegation: Under the USA So they are taking a tool that prob- FREEDOM Act, they are going to get I think the encryption thing is a big ably has been useful to a certain de- many more records. They are going to deal and will continue to be something gree—and I don’t mind if we are doing have access to all cell phone records. that is a bone of contention between it through warrants and specific extra- The question is, Are we going to really the tech industry and the government. dition—but I think they are pushing have less bulk collection or maybe the With regard to what we do in order to companies so hard that I think same? protect ourselves from the government, encryption is going to be put in a place There is another irony—this is still I think encryption will continue to according to Shane Harris at the Daily where even the company cannot get to take off. it. Beast: Ms. CANTWELL. Will the Senator Ms. CANTWELL. If I could ask an- And there’s another irony. Before the yield for a question without losing the Snowden leaks, the NSA was already looking other question of the Senator without floor? for alternatives to storing huge amounts of losing him the right to the floor, this is Mr. PAUL. Yes, without losing the phone records in the agency’s computers. a debate, as you were just saying. I floor. And one of the ideas officials considered was think I understand your premises that asking Congress to require phone companies Ms. CANTWELL. I am so pleased to there are three legs to the stool. There to hang onto that information for several hear my colleague talk about is a Federal Government that wants years. The idea died, though, because NSA encryption technology because it is access, but they should go through the leaders thought that Congress would never clearly something very important in agree, [current and former officials have judiciary system, and there are sepa- this privacy debate. I hear with inter- said]. rately the entities that have the actual est, as you cite that article, that one of It is kind of ironic that the NSA al- records, which are the telecom compa- the key things about the encryption ready thought of this idea, didn’t think nies, and that keeping those separate, debate is several years ago, those in- we would be silly enough to do it, and not blending them, not actually giving volved at the highest levels of govern- now it is being promoted as the reform, the telephone companies the right to ment basically decided that instead of that the reform is going to be what the keep all the data and information of in- being able to break the encryption NSA actually wanted in the first place. dividuals is a critical distinction. Suddenly, the NSA found itself under code, that maybe it would be a good You were just describing, I think I orders from the White House—this is idea to put an actual government chip understood, that in this case the gov- after the revelations from Snowden—to in every computer. That was called the ernment was just saying: Oh, keep all come up with some alternative to the clipper chip. And the notion was that of that data and information, which is phone records program that preserved then the NSA and other people not exactly what the phone companies it, but also put more checks on how the wouldn’t have to worry about breaking records are used. Continuing: the code. They would just have a gov- had acquired or kept for any business purposes, but it just puts personal data That’s when General Keith Alexander, then ernment backdoor to our technology. the agency’s director, dusted the old idea off In fact, there were many people—I and information at risk. the shelf and promoted it on Capitol Hill. kept saying you are going to say in- Am I understanding that correctly?

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.120 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3159 Mr. PAUL. I think I understand that swept up in those searches and their shown both his commitment and his question. The phone companies aren’t emails are being read. stamina. I am going to have to take a excited about it, but they will do it if And what is especially troubling to brief meeting on one of the issues pend- they are paid and told to do it, basi- me—and I would be interested in my ing, but I intend to join my colleague cally. But the phone companies, I don’t colleague’s views with respect to this here before too long. know. I don’t how much objection they backdoor search loophole—this is a I thank the Senator. I will have addi- have had to the current system and the problem today, but it is only going to tional questions at that time. new system. They probably don’t want be a growing problem in the days ahead I return the floor to Senator PAUL. to have to hold all this. There are ru- because increasingly communications Mr. PAUL. I thank the Senator for mors that the people who want more systems around the globe are merging. that question. will require them to. They are becoming integrated. It is not In the New York Times, in March of I don’t think, under the current USA as if the communications systems stop 2014, Clara Miller writes about some of FREEDOM Act, they are going to be at a nation’s border. the costs on U.S. tech companies that required to hold the records, but they So I think this is a particularly im- are occurring from some of this: are going to be encouraged to and paid portant issue. As we have talked about, Microsoft has lost customers, including the government of Brazil. to hold the records. the amendments we are interested in IBM is spending more than a billion dollars So I think the real question is, Is the offering, I think this is a particularly to build data centers overseas to reassure USA FREEDOM an improvement or are important bipartisan effort. I don’t foreign customers that their information is we just going to have bulk collection think people have known a whole lot safe from the prying eyes in the United done by another name, with phone about how the backdoor search loop- States government. companies holding the records. That is hole takes place. And tech companies abroad, from Europe what my fear is. We have supported section 702, be- to South America, say they are gaining cus- Ms. CANTWELL. I would say to the cause when there are dangerous threats tomers that are shunning U.S. providers, sus- picious because of the revelations by Edward Senator or ask the Senator, in this de- overseas, we want our government to J. Snowden that tied these providers to the bate, I think you raised an important be able to ensure it is taking steps to National Security Agency’s vast surveillance question, if I understand it correctly, protect the American people. But hav- program. which is, How much will the U.S. Gov- ing more and more Americans swept up The estimates are in the billions of ernment spy on U.S. citizens? And in these searches, particularly the dollars lost to American companies. that, combined with the question you changing nature of a communications Even as Washington grapples with the dip- were asking to the changes to the PA- system being integrated, strikes me as lomatic and political fallout of Mr. TRIOT Act and the accumulation of a very big problem. Snowden’s leaks, the more urgent issue, business records, is when that indi- I am going to be back to join my col- companies and analysts say, is economic. vidual could be a U.S. citizen. league very shortly, but I would be Tech executives, including Mark Zuckerberg For example, you and I could be very interested in my colleague’s of Facebook, raised the issue when they went somewhere—you could be an individual thoughts on the importance of closing to the White House...for a meting with Presi- dent Obama. of interest to one of these Federal this backdoor search loophole. It is impossible to see now the full eco- agencies, but just because I happen to We have tried in the past. I think nomic ramifications of the spying disclo- have a cup of coffee with you, now all that now, particularly, when we have sures—in part because most companies are of a sudden all of my business records, had a chance to walk this through in locked in multiyear contracts—but the all of my personal information could be terms of what it really means, my hope pieces are beginning to add up as businesses under investigation by the U.S. Gov- is we can finally close it. question the trustworthiness of American ernment, and I wouldn’t even know What would my colleague’s reaction technology products. be with respect to the importance of The confirmation hearing last week for the about it; is that the Senator’s under- new NSA chief, the video appearance of Mr. standing? this? Snowden at a technology conference in Mr. PAUL. Yes, I think that is a big Mr. PAUL. I think it is a great ques- Texas and the drip of new details about gov- concern. There are a couple of things tion, and some are saying that through ernment spying have kept attention focused that I think are alarming. Even two the backdoor of abusing 702, that if on an issue that many tech executives hoped domestic emails could be routed there were 90,000 people targeted last would go away. through a server in another country, year through using this 702, that we Despite the tech companies’ assertions collected the information on 900,000 in- that they provide information on their cus- and they could use that to actually get tomers only when required under law—and access to two Americans who are com- dividuals who were incidental and were not knowingly through a back door—the per- municating from New Jersey to South not the target at all. So for every one ception that they enabled the spying pro- Carolina. byte of data we are collecting on some- gram has lingered. ‘‘It’s clear to every single But also I think as Senator WYDEN body, we are collecting nine bytes of tech company that this is affecting their has pointed out, it often or sometimes data on somebody who is not the tar- bottom line,’’ said Daniel Castro, a senior sounds like we are targeting a for- get. analyst at the Information Technology and eigner simply to get access to an Amer- But that becomes part of this enor- Innovation Foundation, who predicted that ican. mous data center that we are building. the United States cloud computing industry would lose $35 billion by 2016. Does the Senator have a question in And many of those people are Ameri- Forester Research, a technology research that vein? cans who were getting through the firm, said the losses could be as high as $180 Mr. WYDEN. I think my colleague backdoor. billion, or 25 percent of industry revenue, has asked very good questions, and it is But also why I am here today is I based on the size of the cloud computing, my intention to rejoin him here in a want the leadership to allow us to have web hosting and outsourcing markets and few minutes. our amendments. That is one of our the worst case for damages. But I think it is important—and I amendments. That is a joint amend- The business effect of the disclosures about the NSA is felt most in the daily conversa- would be interested in your reaction— ment we have worked on. We have been tions between tech companies with products do people understand what is at stake working on these things for months. to pitch and their wary customers. The topic here? This only comes up every 3 years. of the surveillance, which rarely came up be- We are talking about section 702 of Should they not give us a day to have fore, is now ‘‘the new normal’’ in these con- the FISA Act and that involves a very a vote on some of these amendments? versations, as one tech company executive important issue of making sure, when Mr. WYDEN. I thank my colleague. I described it. ‘‘We’re hearing from customers, there is somebody dangerous overseas, will be back to rejoin him in a few min- especially global enterprise customers, that that we can, in effect, go up on that utes. I do so appreciate my colleague’s they care more than ever about where their person to get that kind of information stamina and passion. content is stored and how it is used and se- cured,’’ said John E. Frank, deputy general that we have to have. I went to school on a basketball counsel at Microsoft, which has been publi- But what we are seeing increas- scholarship, and I think I have been cizing that it allows customers to store their ingly—and we have actually put it on able to stay in a little bit of shape, but data in Microsoft data centers in certain our Web site—Americans are being my friend from Kentucky has sure countries.

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.121 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3160 CONGRESSIONAL RECORD — SENATE May 20, 2015 Isn’t that sad? Isn’t it sad that a People’s Liberation Army of China—even So you have two sort of contrary great American company is having to though this claim was never definitively opinions in wondering which direction advertise that they are storing their verified. we go. Some who want more collection Silicon Valley companies have complained information in other countries because to government officials that Federal actions of data and say we are not collecting in America we are not protecting your are hurting American technology businesses. enough data say they might live with privacy? Isn’t that sad, that a great But companies fall silent when it comes to it if we add in and force the phone com- American company, in order to stay in specifics about economic harm, whether to panies to keep the data. Right now, the business, is having to advertise to their avoid frightening shareholders or because it bill doesn’t have them keeping the customers that they are keeping their is too early to produce concrete evidence. data. But the concern for some of those information in another country? ‘‘The companies need to keep the priority of us who believe in privacy is that we on the government to do something about it, At the same time, Mr. Castro said, compa- may just be trading one form of bulk but they don’t have the evidence to go to the nies say they believe the Federal Govern- government and say billions of dollars are collection for another, that we may be ment is only making a bad situation worse. not coming to this country,’’ Mr. Staten trading a system where the govern- ‘‘Most of the companies in this space are said. ment collects the data and there is a very frustrated because there hasn’t been Some American companies say the busi- bulk collection for a system where the any kind of response that’s made it so they ness hit has been minor at most. John T. can go back to their customers and say, ’See, phone companies have the bulk collec- Chambers, the chief executive of Cisco Sys- this is what’s different now, you can trust us tion but you are still having the same tems, said in an interview that the NSA dis- again,’’’ he said. sort of collection of data. closures had not affected Cisco’s sales ‘‘in a In some cases, that has meant forgoing po- My concern with the USA FREEDOM major way.’’ Although deals in Europe and tential revenue. Act is that it still, I believe, may allow Though it is hard to quantify missed op- Asia have been slower to close, he said, they are still being completed—an experience for a nonspecific warrant. It still may portunities, American businesses are being allow for bulk collection in the sense left off some requests for proposals from for- echoed by other . . . companies. eign customers that previously would have Security analysts say tech companies have that it says you have to select a spe- included them, said James Staten, a cloud collectively spent millions and possibly bil- cific person, but the specific person can computing analyst at Forester who has read lions of dollars adding state-of-the-art be a corporation. So if you still have a clients’ requests for proposals. There are encryption features to consumer services, corporation—the problem is that if we German companies, Mr. Staten said, ‘‘explic- like Google search and Microsoft Outlook, put the name ‘‘Verizon’’ in and you are and to the cables that link data centers at itly not inviting certain American compa- getting all of Verizon’s customers and nies to join.’’ He added, ‘‘It’s like, ‘Well, the Google, Yahoo and other companies. IBM said in January that it would spend the only difference is the phone com- very best vendor to do this is IBM, and you pany is holding the information and didn’t invite them.’’’ $1.2 billion to build 15 new data centers, in- The result has been a boon for foreign cluding in London, Hong Kong, and Sidney, then divulging it versus the govern- countries. Australia, to lure foreign customers that are ment holding it, I am not so sure we Runbox, a Norwegian email service that sensitive about the location of their data. have had so much of an improvement. markets itself as an alternative to American Isn’t it sad that companies want to Some will say we just need to be safe, services like Gmail and says it does not com- avoid being in America? They want to we just need to do whatever it takes, ply with foreign court orders seeking per- avoid having their information cross that it doesn’t matter if we give up any sonal information, reported a 34 percent an- our borders. kinds of basic freedoms or privacy in nual increase in customers after news of the the process. But I think we give up on NSA surveillance. Salesforce.com announced similar plans Brazil and the European Union, which had this month. who we are as a people if we say that used American undersea cables for inter- Germany and Brazil, where it was revealed basically, at all cost, regardless of continental communication, last month de- that the NSA spied on government leaders, what it takes, we are going to do this cided to build their own cables between have been particularly adversarial towards to keep ourselves safe. Brazil and Portugal, and gave the contract American companies and the government. The thing is that even the Presi- Lawmakers, including in Germany, are con- to Brazilian and Spanish companies. Brazil dent’s privacy commission and the also announced plans to abandon Microsoft sidering legislation that would make it cost- ly or even technically impossible for Amer- President’s review commission—two Outlook for its own email system that uses independent, nonpartisan bodies— Brazilian data centers. ican tech companies to operate inside their borders. ended up saying that they didn’t think Anybody still think this bulk collec- Yet some government officials say laws anybody was independently captured, tion is a good idea for America? like this could have a motive other than pro- that there was no unique information Mark J. Barrenechea, chief executor of tecting privacy. Shutting out American com- that was actually gotten from either of OpenText, Canada’s largest software com- panies ‘‘means more business for local com- these programs, that the bulk collec- pany, said an anti-American attitude took panies,’’ Richard A. Clarke, a former White root after the passage of the PATRIOT Act, House counterterrorism adviser, said last tion of data hadn’t made us safer but it the counterterrorism law passed after 9/11 month. has infringed upon our privacy. I think if we don’t have a significant that expanded the government’s surveillance This is an article that was published debate on this, if we continue to say powers. on NPR’s Web site. The headline is ‘‘As ‘‘Well, we are up against a deadline, This is all coming from a New York Congress Haggles over Patriot Act, We and because there is a deadline, we Times article by Claire Miller from Answer 6 Basic Questions.’’ March of 2014. Quoting from the article: don’t have time for amendments,’’ I But ‘‘the volume of the discussion has think we run a real risk with the A key section of the Patriot Act—a part of American people. Congress has about a risen significantly post-Snowden,’’ he said. the law the White House uses to conduct For instance, after the NSA surveillance was mass surveillance on the call records of 10-percent approval rating right now, revealed, one of OpenText’s clients, a global Americans—is set to expire June 1. That and some argue that might be a little steel manufacturer based in Britain, de- leaves legislators with a big decision to bit high considering how great a job we manded that its data not cross U.S. orders. make: Rewrite the statute to outlaw or mod- are doing—a 10-percent approval rat- ‘‘Issues like privacy are more important ify the practice or extend the statute and let ing. than finding the cheapest price,’’ said the National Security Agency continue with The vast majority of the American Matthias Kunisch, a German software execu- its work. tive who spurned U.S. cloud computing pro- people think we have gone too far in viders for Deutsche Telekom. ‘‘Because of I think it will be interesting to see the bulk collection of records. In the Snowden, our customers have the perception how the debate ultimately plays out. ACLU survey we looked at a little bit that American companies have connections You have what has been passed in the earlier, in the age group between 19 to to the NSA.’’ House—the USA FREEDOM Act—and 39, over 80 percent of people think we Security analysts say that ultimately the passed in the House overwhelmingly. have gone too far and we are not pro- fallout from Mr. Snowden’s revelations could The majority here probably believes we tecting privacy. mimic what happened to Huawei, the Chi- are not collecting enough bulk data. nese technology and telecommunications (Mr. SCOTT assumed the Chair.) company, which was forced to abandon They would prefer to collect more bulk We just read an article from the New major acquisitions and contracts when phone data and aren’t too concerned York Times in which they talk about American lawmakers claimed that the com- that any privacy interests are being what kind of business is potentially pany’s products contained a backdoor for the trampled upon. being lost because people don’t want

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.123 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3161 American products. I think it is kind of From the opinion of the Second Cir- The order thus requires Verizon to produce sad. Not only do they not want their cuit Court, here are some quotes. call detail records every day on all telephone data held in a center in our country, The court writes: calls made through its systems or using its they don’t want their data crossing That telephone metadata do not directly service where one or both ends of the phone call are located in the United States. into our country. reveal the content of telephone calls does I don’t think we have to be that fear- not vitiate the privacy concerns arising out It is hard for me to believe that there ful of terrorism that we have to give up of the government’s bulk collection of such are people who don’t understand that data. . . . the startling amount of detailed who we are in the process. what we are talking about here is a information metadata can reveal, informa- general warrant. This is what we I have met some of our young sol- tion that could traditionally only be ob- diers who have come back with missing fought the Revolution over. This is, as tained by examining the contents. . . . John Adams said, the spark that led to limbs. I have met the parents of some I think this is a good point because who have died. And to a person, they the Revolution. The spark that led to many people want to downplay what the Revolution was the whole worry say they were fighting for our Bill of metadata is or what you can determine Rights and they were fighting for our and concern, one, that soldiers were from it. But here is the court acknowl- writing the warrants, and the other Constitution. It is difficult for me to edging that you may actually get more understand how we can take into ac- concern was that in writing the war- detailed information from metadata rants, they weren’t specific to anyone, count the sacrifice they made in war than what you once got from obtaining and at the same time, while we are they were being written in a general the content. fashion, and that by writing them gen- here safe at home, we can’t even pro- When we think about how true this tect the documents they are fighting erally so, there could be an injustice in is, think about if someone were just having an entire group who ends up for. going to come into your house and I see no reason why we can’t rely on being subject to a warrant that is not take your papers. What could they specific. the Constitution. I see no reason why find? How many people even have per- we can’t rely on traditional warrants. From the appellate court, we also sonal letters anymore? People don’t hear that the metadata has a reach far Warrants are not hard to get. Warrants have anything on paper that is per- are actually quite easy to get. War- beyond almost imagination. sonal at all. A lot of people pay their In the article ‘‘As Congress Haggles rants are, if anything, very easy to get. bills online. But it is amazing, if you On the FISA Court, turning down a over Patriot Act, We Answer 6 Basic put the compilation of all the Questions,’’ which was published on warrant is almost nonexistent. So I see metadata together, what you can de- no reason why we can’t try using the npr.org, there are several questions termine. they ask about the PATRIOT Act de- Constitution for a while. Remember that a high-ranking intel- I am concerned that the problem is bate. ligence official said that we kill people Most of the talk has been about tele- bigger than just what we are talking based on metadata. I presume he is about today. We are talking about the phone surveillance, but the question is talking about foreigners. But if we are this: bulk collection of records supposedly killing people based on metadata, the under section 215 of the PATRIOT Act. What about the NSA’s surveillance of assumption is that they can get an email and other Internet activities? If we stop that, how much have we enormous amount of information from This congressional debate has nothing to stopped? How much is still in exist- metadata, and we should be very care- do with any of NSA’s surveillance Internet ence? How much are we still doing ful about releasing this. activity. through other venues? They give an example of the sort of That’s mostly because of the fact that I think probably the most alarming metadata and what it can determine: those programs are authorized by different laws. thing we have come across as I have For example, a call to a single-purpose been talking today is the idea that The PRISM program, for example, which telephone number such as a ‘‘hotline’’ might collects a vast amount of Internet data . . . some people believe the President has reveal that an individual is: a victim of do- is covered under section 702 of the FISA inherent powers that are not subject to mestic violence or rape; a veteran; suffering Amendments Act. Congress. That, to me, is very alarm- from an addiction of one type or another; contemplating suicide; or reporting a crime. Some have said that the PRISM Pro- ing. gram probably is collecting more infor- It also means that I think that be- Metadata can reveal civil, political, or reli- gious affiliations; they can also reveal an in- mation in many ways, maybe even cause this opinion persists within the dividual’s social status, or whether and when dwarfing the bulk collection of the executive branch, there are in all like- he or she is involved in intimate relation- phone records. So if we don’t address lihood many programs like the bulk ships. section 702 in this debate, this is also collection of data—many programs The more metadata the government col- what we were talking about earlier, is that we don’t know about, some that lects and analyzes, furthermore, the greater the backdoor, the ability to say: Well, we have heard about. It is still not the capacity for such metadata to reveal we are investigating someone in a for- clear to me whether the Stellar Wind ever more private and previously unascertainable information about individ- eign country, but really they are try- Program is completely gone, which in- uals. ing to get access to someone in our volves more than just telephone data, That is sort of interesting also about country through the backdoor. If we email conversations, computer address- metadata. We have so much online and don’t address this, we may well not be es, and credit cards. What is the gov- so much information on our phones addressing a significant part of the ernment collecting? How much is being that you could probably be in some- problem. collected and under what authority? This is one of the other questions: It does concern me that there are one’s house for a month and never find people—some of them elected offi- that in paper because so much of our Is there anything else in the House bill we lives revolve through the phone, should know about? cials—who believe in the inherent pow- The bill [the USA FREEDOM Act] lifts the ers of the Presidency that cannot be through things we order and phone calls and all of that, that in the old secrecy surrounding key decisions made by challenged even by Congress. We have a the secret Foreign Intelligence Surveillance lot of work if that is really what we are days what could have been gotten Court. Going forward, some will be made up against. through someone’s castle, through public. I think it would be a big step forward someone’s actual papers in their house, I think this is a step in the right di- if we do something about the bulk col- I think pales in comparison to what rection. There are a lot of legal deci- lection of data. But I think, given the you can get simply through metadata sions, and I think we can discuss the court case, it is concerning to me that even without content. pros and cons of the legal decision They make another point, too: we might actually make the court case without having to know the specific de- Finally, as appellants . . . point out, in to- or the future of it moot and that we ac- tails. I think Senator WYDEN made a day’s technologically based world, it is vir- tually could make things worse. It tually impossible for an ordinary citizen to good point on this earlier when he said wouldn’t be the first time we have avoid creating metadata about himself [or that it is not the operational details we made things worse, thinking we were herself] on a regular basis simply by con- need to know, but when we are ques- fixing things and made it worse. ducting his ordinary affairs. tioning and debating the law, there is

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.125 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3162 CONGRESSIONAL RECORD — SENATE May 20, 2015 no reason why that shouldn’t be public This is an article that was written by of the decisionmaking process, because knowledge. the ACLU about suspicious activity re- when the government came and seized One of the reasons we would like to ports. the hotel for illegal activity, they took see the court rulings, too, is that the Law enforcement agencies have long col- the hotel and went sell it, but it has a FISA Court found bulk data collection lected information about their routine inter- lien against it. The bank owns it, and constitutional. I still find that some- actions with members of the public. Some- you do not get to sell it very easily. It what inconceivable, that a court that times called ‘‘field interrogation reports’’ or was paid off. They were going to sell it. is anything less than a rubberstamp ‘‘stop and frisk records,’’ this documenta- It is a $1.5 million hotel. And then, I could find it somehow reasonable to tion, on the one hand, provides a measure of accountability over police activity. But it guess, the local police forces would say that collecting all of our records in also creates an opportunity for police to col- benefit by that. advance really is relevant to an inves- lect the personal data of innocent people and It is not just with our records that tigation. I think it is a pretty signifi- put it into criminal intelligence files with there is a problem. It is also with the cant point that they are not going to little or no evidence of wrongdoing. As police concern for how we adjudicate justice query the data until after they get it. records increasingly become automated, law in our country. As we see this moving So there is no investigation until they enforcement and intelligence agencies are forward, I think we need to be worried have already collected the data. increasingly seeking to mine this data. about not only the way our records are The other point is that when they The Supreme Court established ‘‘reason- able suspicion’’ as the standard for police collected, but we need to be concerned say it is relevant, is anybody really de- stops in Terry v. Ohio in 1968. This standard about justice in general. termining that arguing one way or the required suspicions supported by articulable As I have traveled around the coun- other or do we just accept what the facts suggesting criminal activity was afoot try, one of the things I have seen is NSA says, that the data is relevant? ... what I call an undercurrent of unease Nobody knows what will come of this In the suspicious activity reports, in our country. I traveled to Ferguson. debate. My hope in going on all day though, these kinds of programs I have traveled to Detroit. I have been with this debate and trying to force the threaten this reasonable time-tested to Chicago. I have been to most of our issue is to try to allow for some votes law enforcement standard by encour- major cities, and I have also been to on some amendments to this. We aging the police and the public to re- some of the places where there has shouldn’t have just an up-or-down vote port behaviors that do not rise to rea- been this anger. on whether to extend the PATRIOT sonable suspicion. So it is one thing to I think people are angry because they Act. I think that when we have 80 per- say that someone has done something do not feel that government is treating cent of the population in some cases that rises to reasonable suspicion, but them justly. People do not like to be but at least two-thirds of the entire it is another to say that activity that treated arbitrarily. In fact, there are population saying that the bulk collec- could be perfectly normal, like with- some who have given the definition of tion of all of our phone records all of drawing $1,000 from the bank or put- what is acceptable, what is good gov- the time without a warrant is some- ting $1,000 in the bank, somehow is sus- ernment and what is bad government, thing that has gone too far and needs picion of a crime that we should be in- what is good law and what is bad law, to stop, it is an insult to the American vestigating. what is just and what is unjust. But people to think that we are not going A lot of this stuff has gotten really, whether it is arbitrary or not, Hyack in to have any vote at all, that we would really out of control. It is one of the ‘‘The Road to Serfdom’’ talks about just have a vote up or down on extend- things where actually the newspapers that arbitrariness, not having the pre- ing this. have done a pretty good job of report- dictability of knowing what the law I think we really do need to have a ing some of the stuff—not necessarily will do. That the law does not do the vote, and the vote needs to be on many the suspicious activity reports but on same thing to all individuals is a defi- different alternatives. It shouldn’t just some of the other confiscations of peo- nition of the injustice that causes peo- be on one alternative. It needs to be on ple’s assets without really evidence of ple to be unhappy about the way their section 702 and the FISA amendments. a crime but maybe evidence that they government treats them. It should be on a variety of things that have cash. My fear is that this arbitrary nature could make this better—whether FBI You can be driving down the road in of collecting bulk records, of collecting agents should be able to write their DC and make an unsafe lane change all of our records without a significant own warrants or whether they should and the government asks you if you warrant—the problem here is going to be signed by judges. There are a vari- have money. You then find that the be something that adds on to a sense of ety of things we need to be talking government takes it or the government unease that is in our cities and in our about. The Senate could simply take says: Well, you have $2,000. We will let country at-large. What happens is that up the House bill and pass the House you keep $1,000 if you sign a statement everybody is not treated exactly equal. bill, but I think that is unlikely. saying that you will not sue us to get People do not have the same resources This is an interesting article from the $1,000 back. to try to escape the clutches of Big The Boston Globe, a while back. It Believe it or not, that is stuff that is Brother when either data or informa- says: ‘‘What your metadata says about still happening in our country. It is tion is used against them. you: From MIT’s Cesar Hidalgo, a new called civil asset forfeiture. To make it One of the little-noticed sections in window on what your email habits re- worse, we actually give a perverse in- the USA FREEDOM Act deals with the veal.’’ centive. We say to the local officials safety of maritime navigation and nu- The article is written by Abraham that if you capture money from people, clear terrorists and conventions imple- Rieseman. we will give you a percentage of it—so mentation. Interestingly, there is a As recently as a few weeks ago, the more you take, the more you get. provision somehow in this for civil for- ‘‘metadata’’ was an obscure term known Some people have shown that people feiture. But I think the biggest prob- mainly to techies and academics. Broadly actually go after things that are paid defined, metadata is data about other data. lem with civil forfeiture is that we For the phone company, it might be the time off. There was a motel in New Jersey, allow it to occur without a conviction. and length of your calls, but not the con- the Motel Caswell. Local officials de- I think no one should have their pos- versation itself; in the context of email, it cided they would go after it because, sessions taken from them. I think you means information such as the sender and they said, there had been some drug should be innocent until proven guilty. recipients of a message—basically, every- dealings at the motel. It turned out I see that the Senator from Con- thing except what the message actually says. there were 6 people in the motel selling necticut has a question. I would be We spoke earlier about the suspicious drugs out of 180,000 visits or something happy to entertain a question without activity reports. These are reports that ridiculous. losing the floor. the government requires that banks It turned out there were other hotels The PRESIDING OFFICER. The Sen- send in. It adds a cost to your banking, that had a higher percentage of drug ator from Connecticut. and it is a pretty significant intrusion busts done at the hotel, but they owed Mr. BLUMENTHAL. Mr. President, I into the banking affairs and also into money and the Motel Caswell was com- thank my colleague from Kentucky for an individual’s affairs. pletely paid off. It may have been part giving me the opportunity to ask a

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.126 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3163 question. In the preface to that ques- The Second Circuit held that the Their rulings are public, and they tion, I would like to make a couple of Federal Government’s interpretation is themselves are evaluated and judged. remarks if he will yield to me for that ‘‘unprecedented and unwarranted.’’ Nine years after the FISA Court’s purpose. Those are strong words for a court nor- ruling in May of 2006, we continue to My colleague from Kentucky has mally extraordinarily reserved and un- wrestle with the impact of the court’s taken the floor tonight in the highest derstated in its characterization of il- grievous, egregious error, but we can- traditions of the Senate to make a legality by the executive branch. But not simply fix the mistake without fix- point that should be meaningful to all the court said unequivocally and em- ing the court. We cannot fix the system of us who care about our democracy. phatically that the Government was without remedying the process because My colleagues, including the Senator breaking the law. that process is so broken, it will make from Kentucky, have made a number of Never before in the history of the Na- more mistakes—not only predictable important points about the dangers of tion had such a bizarre interpretation mistakes but inevitable mistakes. mass surveillance and the harms been entertained. At the very least, As technology evolves, we cannot say caused by the bulk collection of Ameri- you would have thought the FISA with certainty what the next big pri- cans’ data. Court would recognize that its May vacy issue will be. In 2006, the FISA I agree with those who have pointed 2006 decision was important. Court decided whether the government out that the USA FREEDOM Act is a If this question had gone to a regular can collect all of our phone records. In strong compromise solution for pro- article III court, it would have been 2020, the government will have some tecting Americans’ freedom and secu- immediately recognized as a momen- new means of surveillance, and they rity at the same time as striking a bal- tous decision, permitting bulk collec- will want to try it. In 2030, we will have ance between preserving our security tion of data on every American. Liti- another. and protecting our precious rights. gants on both sides would have, in ef- We need a FISA Court that we can I want to highlight for the Senator fect, pulled out all the stops in their trust to get the question right. Trust, from Kentucky, in his very insightful arguments. Yet not only did the FISA confidence, and the integrity of the ju- remarks, as well as for my colleagues Court get the question wrong in May of dicial system that authorizes the sur- and others who are interested in this 2006, it appears not even to have spot- veillance of Americans’ private lives is topic, a particular part of that legisla- ted the issue, not even to have raised it at issue here. We need a FISA Court that operates tion—the provisions that deal with the and addressed it in its opinion. Of transparently, openly, and has ac- adversarial process in the FISA Court. course, nobody knew it at the time be- countability. A court that operates in The bulk collection program is a cause the opinion itself was kept se- secret and hears only the views of the powerful example of why we need a cret, as were all of the proceedings on government and faces only minimal ap- stronger adversarial process. We know this issue. pellate reviews cannot be trusted to that bulk metadata collection is un- The FISA Court upheld the govern- pass the next big test. necessary. The President’s own review ment’s bulk collection program, and it The USA FREEDOM Act would fix group has made that clear. We also did so without even writing an opinion this systemic problem. It would de- know that bulk metadata collection is explaining its legal reasoning. Not mand, under certain circumstances, un-American. This country was found- until the program was made public that the FISA Court hear from both ed by people who rightly abhorred the roughly 8 years later was an opinion sides of the issue and explain why it is general warrant, and no general war- written, and every opinion released so making a decision and also explain why rant in our history has swept up as far has omitted key issues or ignored it has decided not to hear both sides if much information about innocent key precedent. it chooses to do so. That would bring Americans as the orders permitting If the court had written an opinion, transparency to the FISA Court deci- and enabling bulk collection. at least Congress would have quickly sion, requiring them to be released un- Last week, the Second Circuit Court known what the court had done, not to less there is good reason not to release of Appeals held that bulk collection is mention the American people would them. It preserves the confidentiality also unauthorized by the law. More have known what the court had done, of the court where necessary, but it than 9 years after the government but the court wrote nothing. It chose also protects the fundamental, deeply began bulk collection, we are finally to be silent and secret, and apparently rooted sense of American justice that told by the highest court to consider it believed this issue merited no notice an adversarial, open process is impor- the question that the bulk collection to the Congress. A court that could get tant—indeed, essential—to democracy. program was never authorized by Con- such an important question so disas- And it would provide some appellate gress. trously and desperately wrong is fun- review, some form of review by an ap- How do we get here? How do we ar- damentally broken. pellate court so that if mistakes are rive at a place where one of the most Let me be clear. I do not mean to made, they are more likely to be respected courts of appeals in the denigrate the judges of the FISA Court. caught and stopped before they result United States says that the executive Any judge, no matter how wise and in fundamental invasion of private branch of our government has been col- well attuned to legal issues, needs to rights. lecting data on innocent Americans hear both sides of an argument in order In short, the USA FREEDOM Act without legal authority to do so—in to avoid mistakes. Courts make better will make the FISA Court look more fact, breaking the law by invading decisions when they hear both sides. like the courts Americans deal with in Americans’ privacy? In fact, during a hearing on this issue other walks of life, more like the We got here because the FISA Court in the Senate Judiciary Committee, I courts they know when they are liti- failed its most crucial test. In May of had the opportunity to ask one of the gants, when they are spectators, and 2006, the FISA Court was asked wheth- Nation’s foremost jurists whether she more like the courts our Founders an- er the Federal Government could col- could do her job without hearing from ticipated. lect phone records of potentially every both sides of an argument, and she was What would they have thought about single American. The argument hinged quite clear that she could not. Adver- a court that hears cases in secret, on the word ‘‘relevance’’ in the statute. sarial briefing, she explained, is essen- makes secret decisions, operates in se- Under the statute, the Federal Govern- tial to good decisionmaking. cret, and issues secret rulings? They ment can collect relevant information. We know as much from our own ev- would get it wrong. They would have The court had to decide whether ‘‘rel- eryday lives that we make better deci- thought that that sounds a lot like the evant information’’ means all informa- sions when we know the argument Star Chamber, that sounds a lot like tion. against what we are going to do, what the so-called courts that caused our re- That does not strike me as a difficult we are going to think, and what we are bellion. question. Does ‘‘relevant information’’ going to say. It is the genius of the This change will help ensure that we mean all information? It did not strike American system of jurisprudence that are not back in this Chamber 9 years the Second Circuit Court of Appeals as judges listen to both sides in open from now debating the next mass sur- a difficult question either. court before they make a decision. veillance program that started without

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.129 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE May 20, 2015 Congress actually authorizing it, as did can definitely do to make it better. I pen to believe that the drug war is illegit- metadata collection. It will help ensure think the bottom line is that we should imate. I think fighting terrorism is an en- that strictures of our Constitution are not collect bulk data on people who are tirely legitimate function of government. I obeyed in spirit and letter. It will help not suspected of a crime. also think that, in theory, there are some powers the federal government should have ensure that programs designed to keep One of the sections of the PATRIOT for terrorism investigations that I’m not Americans safe can command the re- Act that doesn’t get quite as much dis- comfortable granting it in more traditional spect and trust they need to be effec- cussion is section 213. That is the criminal investigations. But I have zero con- tive. We need those programs. National sneak-and-peek section and it is not up fidence that there’s any way to grant those security must be preserved and pro- for renewal, but it is something that powers in a way that will limit their use to tected, but we need not sacrifice funda- also shows how we have really gone terrorism. mental rights in the process. awry on that. Law-and-order politicians and many (but Unless and until this essential reform Radley Balko has written about this not all) law enforcement and national secu- is enacted, along with the other essen- rity officials see the Bill of Rights not as the in the Washington Post, and it is how foundation of a free society but as an obsta- tial reforms contained in the USA something starts out just a little bit at cle that prevents them from doing their jobs. FREEDOM Act, I will oppose any reau- a time and grows bigger and bigger. Keep this in mind when they use a national thorization of section 215. From 2001 to 2003, law enforcement emergency to argue for exceptions to those The question that I ask my colleague only did 47 sneak-and-peek searches. rights. from Kentucky and the point that I The 2010 report said it was up to 3,970, When critics point out the ways a new law think he has made so powerfully and and 3 years later, in 2013, there were might be abused, supporters of the law often accuse those critics of being cynical—they eloquently relates to this essential fea- 11,129 sneak-and-peek searches. That is ture of our American jurisprudence say we should have more faith in the judg- an increase of over 7,000 requests. That ment and propriety of public officials. Al- system. Are not open adversarial is exactly what privacy advocates ar- courts essential to the trust and con- ways assume that when a law grants new gued in 2001 would happen. powers to the government, that law will be fidence of the American people, and do The interesting thing is that when interpreted in the vaguest, most expansive, we not need that kind of fundamental you look to see who exactly we are ar- most pro-government manner imaginable. If reform in order to preserve our basic resting through these sneak-and-peek that doesn’t happen, good. But why take the liberties? warrants that were intended to be a risk? Why leave open the possibility? Better I ask this question of my colleague to write laws narrowly, restrictively and lower standard so we could catch ter- and friend from Kentucky because I with explicit safeguards against abuse. rorists, well, we are going after drug think his debate on the floor of this dealers. So, in essence, we have Of the 11,000 sneak-and-peek war- Senate tonight raises fundamental changed from a constitutional standard rants that were issued, 51 were used for issues that need to be discussed and ad- to catch drug dealers down to a ter- terrorism. We lowered the constitu- dressed. rorist standard, which is a lower stand- tional standard, but we ended up using I thank the Senator from Kentucky it for domestic crime, not for ter- for the opportunity to ask this ques- ard. To make matters worse, there are ac- rorism. tion and address this body. This is happening in other forums. cusations and implications from data I thank the Presiding Officer. There is something that folks are call- that maybe the war on drugs has a dis- Mr. PAUL. I thank the Senator from ing parallel construction. This is an ar- proportionate racial outcome. I think Connecticut for that question. ticle from the Electronic Frontier I think one of the points my friend it is concerning that we are actually Foundation by Hanni Fakhoury enti- was making through the question had not using a constitutional standard but tled ‘‘DEA and NSA Team Up to Share to do with the whole idea of relevance, a lower standard. Intelligence, Leading to Secret Use of which is sort of an amazing thing. I have an article that was written by Surveillance in Ordinary Domestic I think the quote from the privacy Radley Balko in 2014 that appeared in Crime.’’ and civil liberties commission really the Washington Post. He says: Add the IRS to the list of Federal agencies hits the nail on the head—that they Washington establishment types are often obtaining information from NSA surveil- cannot be regarded as relevant to any dismissive and derisive of the idea that lance. Reuters reports that the IRS got in- members of Congress should actually be re- FBI investigations required by the telligence tips from DEA’s secret SOD unit quired to read legislation before voting on statute without redefining the word and were also told to cover up the source of it—or at the very least be given the time to ‘‘relevant’’ in a manner that is cir- that information by coming up with their read it. There’s also a lot of Beltway scorn cular, unlimited in scope, and out of own independent leads to recreate the infor- for demands that bills be concise, limited in step with the case law. mation obtained from SOD. The interesting thing is that we want scope and open for public comment in their final form for days or weeks before they’re So let me explain what happens. We a body that works a little more like a voted on. If you’re looking for evidence once again use a lower standard, a non- court, and I know the Senator from showing why the smug consensus is wrong, constitutional standard, the standard Connecticut has been in favor of having here is Exhibit A. we are supposed to be using for terror- a special advocate and trying to make He is talking about the sneak-and- ists. We get information on people who it more like a courtroom. I think you peek and how if we had known what are not terrorists, who may or may not can only get the truth if you have peo- was in it, we would have known in ad- be committing an IRS violation. We ple on both sides. If you have people on vance that it was not really going to tell the IRS. They know it is illegally one side, it is an inevitability that the end up being used for terrorists and in- obtained information, so then they truth is going to be lost and you are stead end up being used for domestic look for another way to prove that this going to list in one direction. crime. information—other information that I think that will be a huge step for- He says: they can find—to prove the point that ward, but it does boggle the mind that This is also an argument against rashly they only knew about it from legally we can have them arguing that this is legislating in a time of crisis. On Sept. 11, obtained information. relevant to an investigation that has 2001, the federal government failed in most A startling new Reuters story shows one of not yet occurred because we are col- important and basic responsibility—to pro- the biggest dangers of the surveillance state: lecting data and then we are going to tect us from an attack. We responded by The unquenchable thirst for access to the mine it at some other time for some in- quickly giving the federal government a host NSA’s trove of information by other law en- vestigation. So it couldn’t be relevant of new powers. forcement agencies. to an investigation because there is not Assume that any power you grant to As the NSA scoops up phone records and yet an investigation when they are col- the Federal Government to fight ter- other forms of electronic evidence while in- lecting the data. And no FISA Court rorism will inevitably be used in other vestigating national security and terrorism leads, they turn over ‘‘tips’’ to a division of seemed to question that, so it concerns context. the Drug Enforcement Agency known as the me as to whether it is a very good kind The article goes on: Special Operations Division. FISA surveil- of undertaking at finding the truth. Assume that the primary ‘‘other context’’ lance was originally supposed to be used only So I think the Senator is exactly will be to fight the war on drugs. (Here’s an- in specific authorized national security in- right, and I believe there are things we other example just from this month.) I hap- vestigations, but information sharing rules

VerDate Sep 11 2014 05:01 May 21, 2015 Jkt 049060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.130 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3165 implemented after 9/11 allows the NSA to forcement agencies over bulk surveillance In one of the most public confrontations of hand over information to traditional domes- data, it now appears that these same agen- a top U.S. intelligence official by Silicon tic law-enforcement agencies, without any cies are working together to cover up when Valley in recent years, a senior Yahoo Inc. connection to terrorism or national security those data get shared. official peppered [NSA] director, Adm. Mike investigations. The Drug Enforcement Agency has been Rogers, at a conference on Monday over dig- But instead of being truthful with criminal the recipient of multiple tips from the NSA. ital spying. The exchange came during a question and defendants, judges, and even prosecutors Realize also that the NSA is supposed about where the information came from, answer session at a daylong summit on cy- DEA agents are reportedly obscuring the to be investigating foreign threats. The bersecurity. . . . Mr. Rogers spent an hour at source of these tips. NSA was not supposed to be doing any- the conference answering a range of ques- For example, a law enforcement agent thing domestically. We now have them tions. . . . could receive a tip from foreign surveillance, involved in bulk collection, but we also The tense exchange began when Alex and he could look for a specific car in a cer- now have them involved in drug en- Stamos, Yahoo’s chief information security tain place. officer, asked Mr. Rogers if Yahoo should ac- forcement. quiesce to requests from Saudi Arabia, But instead of relying solely on the tip, the The article continues: agent would be instructed to find his or her China, Russia, France and other countries to own reason to stop and search the car. DEA officials in a highly secret office build a ‘‘backdoor’’ in some of their systems that would allow the countries to spy on cer- Agents are directed to keep SOD called the Special Operations Division are assigned to handle these incoming tips, ac- tain users. under wraps and not to mention in cording to Reuters. Tips from the NSA are ‘‘It sounds like you agree with [FBI Direc- their reports where they got their in- added to a DEA database that includes intel- tor] Comey that we should be building de- formation. ligence intercepts, wiretaps, informants, and fects into the encryption in our products so If we are going to use standards that a massive database of telephone records. that the US government can decrypt,’’ Mr. are less than the Constitution for IRS This is problematic because it appears to Stamos said. . . . ‘‘That would be your characterization,’’ investigations, for drug investigations, break down the barrier between foreign counterterrorism investigations and ordi- Mr. Rogers said, cutting the Yahoo executive we ought to just be honest with people off. nary domestic criminal investigations. that we are no longer using the Con- Mr. Stamos was trying to argue that if stitution. If we are going to use the Because the SOD’s work is classified, Yahoo gave the NSA access to this informa- Constitution, then we shouldn’t allow DEA cases that began as NSA leads tion, other countries could try and compel evidence obtained through foreign sur- can’t be seen to have originated from the company [to do the same]. an NSA source. Mr. Rogers said he believed that it ‘‘is veillance and through a lower standard achievable’’ to create a legal framework that to be used in domestic crime. So what does the DEA do? It makes up a allows the NSA to access encrypted informa- (Mr. CRUZ assumed the Chair.) story of how the agency really came to the tion without upending corporate security Parallel construction, which is basi- case in a process known as parallel construc- programs. He declined to [be more specific]. cally getting surveillance tips and then tion, Reuters explains. Some defense attor- ‘‘Well, do you believe we should build using them and reconstructing and try- neys and former prosecutors said that par- backdoors for other countries?’’ Mr. Stamos ing to come up with a different reason allel construction may be legal to establish continued. probable cause for an arrest, but they said ‘‘My position is—hey, look’’— for why law enforcement stopped some- employing the practice as a means of dis- This is from Mr. Rogers, Admiral one, is something that really—if we are guising how an investigation began may vio- Rogers— not going to be honest about it, some- late pretrial discovery rules by burying evi- ‘‘I think that we’re lying that this isn’t one has to do something to fix this. dence that could prove useful to criminal de- technically feasible’’. . . . After an arrest was made, agents fendants. He said the framework would have to be then pretended that their investigation The report makes no explicit connec- worked out ahead of time by policymakers— began with the traffic stop, not with tion between the DEA and the earlier not the NSA. . . . the tip they got from our foreign sur- NSA bulk phone surveillance uncov- The back and forth came less than two weeks after Apple, Inc. chief executive Tim veillance agencies. ered by Snowden. The training document reviewed by Cook leveled his own criticism of Wash- In other words, we don’t know for ington, saying at a White House cybersecu- Reuters refers to this process as par- sure if the DEA’s Special Operations rity conference in California that people in allel construction. Division is getting tips from the same ‘‘positions of responsibility’’ should do ev- Senior DEA agents who spoke on be- database that has been the subject of erything they can to protect privacy, not half of the Agency but only on the con- multiple congressional hearings. We steal information. Mr. Rogers attempted to parry the ques- dition of anonymity said the process is just know that a special outfit within kept secret to protect sources and in- tions but also signaled he welcomed the de- the DEA sometimes gets tips from the bate. . . . vestigative methods. Realize they are NSA. Still, Mr. Rogers did little to deflect recent also keeping it secret from a judge, the There is another reason the DEA would accusations about the NSA activities. For defense lawyers, and the prosecution. rather not admit the involvement of NSA example, he refused to comment on recent Some have questioned the constitu- data in their investigations. It might lead to reports that the NSA and its U.K. counter- tionality, obviously, of this program. a constitutional challenge to the very law part stole information from Gemalto NV, a ‘‘That’s outrageous,’’ said Tampa attorney that gave rise to the evidence. large Dutch firm that is the world’s largest James Felman, a vice chairman of the crimi- Earlier this year, federal courts said that if manufacturer of cellphone SIM cards. nal justice section of the American Bar Asso- law enforcement agencies wanted to use NSA I think the accusations continue to ciation. ‘‘It strikes me as indefensible.’’ data in court, they had to say so beforehand mount. Everywhere we look, we see the Lawrence Lustberg, a New York defense and give the defendant a chance to contest anger beginning in our tech industry. lawyer, said any systematic government ef- the legality of the surveillance. Lawyers for We see them wondering about having fort to conceal the circumstances under Adele Daoud, who was arrested in a federal backdoor mandates built into their which cases begin ‘‘would not only be alarm- sting operation and charged, suspect that he product. ing, but pretty blatantly unconstitutional.’’ was identified using NSA information but I think the Senator from Oregon has Former Federal prosecutor Henry were never told. been great at pointing this out and has Hockmeier wrote: ‘‘You shouldn’t be Surveys show most people support the NSA’s bulk surveillance program strongly written several op-eds talking about allowed to game the system. You what the harm is of leaving basically a shouldn’t be allowed to create this sub- when the words ‘‘terrorism’’ or ‘‘courts’’ are included in the question. When pollsters portal or an opening for our govern- terfuge. These are drugs crimes, not draw no connection to terrorism, the support ment but one that may well be ex- national security cases. If you don’t tends to wane. What will happen when the ploited by hackers and may well be ex- draw the line here, where do you draw question makes clear that the intelligence ploited by foreign governments. it?’’ not only isn’t being used for terrorism inves- Does the Senator from Oregon have a This is an article from the Wash- tigations against foreign agents, but it is ac- question? ington Post by Brian Fung entitled tively being applied to criminal investiga- Mr. WYDEN. I think my colleague ‘‘The NSA is Giving Your Phone tions against Americans? has made the point with respect to our Records to the DEA. And the DEA is Some of the companies have begun to government—particularly the FBI Di- Covering It Up.’’ push back on the backdoor mandates rector—actually arguing that compa- A day after we learned of a draining turf that are coming from government to nies should build weaknesses into their battle between the NSA and other law en- get into our information. systems.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.137 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE May 20, 2015 I note my colleague has been on his long time, moves to begin to wrap up but to say to the leadership on both feet now for somewhere in the vicinity his comments this evening, I would sides and to all the Members that we of 9 hours, so I think we are heading like my colleague’s thoughts on the want an open amendment process, that into the home stretch. For people who impact of NSA collection of bulk the discussion of the Fourth Amend- are listening, I think they really are records on innocent Americans. I also ment is an important discussion and first and foremost interested in how would be interested in his views with that we shouldn’t run roughshod over this Senate, on a bipartisan basis, can respect to why we have not been able this by saying there is a limit and a come up with policies that ensure that to get the government to give straight deadline and we don’t have time for de- we both protect our privacy and our se- answers about the tracking of the loca- bate and we are going to put it off yet curity. As my colleague said, they are tion and movements of Americans with again. not mutually exclusive. cell phones that took place in the past. I thank the Senator from Oregon for So I think what I would like to do is I would be interested in my colleague’s helping to make it happen, but my wrap up my questioning tonight by thoughts on those two points. hope is that we can get an answer from talking about how this bulk phone Mr. PAUL. Well, I want to thank the the leadership of both parties that they record collection and related practices Senator from Oregon for the great are going to allow the amendments is an actual intrusion on liberty, and questions and also for being supportive that your office and my office have to start the conversation, you have to and really being the lead figure from been working on for 6 or 7 months now. first and foremost get through this the Intelligence Committee trying to Mr. WYDEN. My understanding of whole concept of metadata. We heard make this better. my colleague’s request—and that was my point of once again coming back to people say: What is the big deal about I think so often our Intelligence bulk collection of phone records, past metadata? And for quite some time we Committees don’t have enough people practices with respect to tracking peo- had Senators saying: What is every- who are really concerned with the Bill ple on cell phones, and any policies body upset about? This is just ‘‘inno- of Rights as well as national defense, so we get a one-sided view of things. I that may be examined for the future— cent metadata.’’ I think my colleague is saying it is Well, metadata, of course, is data think over the years you have been time to ask some tough questions. about data, but it is not quite so inno- able to continue this battle in a Many of these amendments we have cent. If you know who someone calls, healthy way, understanding both sides been working on are basically designed when that person calls, and for how of it, both with national security but also understanding that who we are as to address these issues where we long they talk, that reveals a lot of pri- haven’t been able to get answers in the vate information. Personal relation- a people is important and that we not give that up—that we not give up our past. ships, medical concerns, religious or After 9/11, it was clear the people of political affiliations are just several of most basic of freedoms in doing this. I think that power tends to be some- our country were worried and there the possibilities. Most people that I thing people don’t give up on easily. So was just a sense that if you were told it talk to don’t exactly like the govern- when you have power that you give to was about security, you were supposed ment vacuuming up private informa- people, you have to have oversight. It to say, OK. That is it. But that is not tion if those persons have done nothing is incredibly important that we do the kind of oversight the Congress— wrong. Now, this is especially true if have oversight on what we are giving particularly after we had a time stamp the phone records include information up, but it is also important that we see on the PATRIOT Act, we all thought it about the location and movements of what has gone wrong. The FISA Court was going to end, and then it was time everyone with a cell phone. And we model hasn’t worked to oversee and to start asking the tough questions. have not gotten into this in the course regulate the NSA, because when finally And not enough tough questions have of this evening, but I want to take just a real court looked at this, when fi- been asked. And my colleague in the a minute because I think, again, it nally the appellate court looked at amendments we are talking about real- highlights what the implications are. this, what we find is that the appellate ly seeks to get answers and use that in- I have repeatedly pushed the intel- court was aghast that basically they formation to change practices on a lot ligence agencies to publicly explain were maintaining that this was rel- of these areas that have really gotten what they think the rules are for se- evant to an investigation. short shrift in the past. I appreciate cretly turning American cell phones Apparently, the way the process my colleague talking about the FISA into tracking devices. They have now worked was the NSA said it was rel- Court in connection with this. This is, said that the NSA is not collecting evant, but there was no debate or dis- for listeners, the Foreign Intelligence that information today, but they also pute. It was just accepted at face value. Surveillance Act Court—certainly one say the NSA may need to do so in the I thought the privacy commission put of the most bizarre judicial bodies in future. And General Alexander, in par- it pretty well when they said: Well, our country’s history, created to apply ticular, failed in a public hearing to how can it be relevant to an investiga- commonly understood legal concepts, give straight answers about what plans tion that hasn’t yet occurred? We are such as probable cause, to the govern- the NSA has made in the past. collecting all the bulk data and we are ment’s request for warrants to track Now, to be clear, I don’t think the going to query it when we have an in- terrorists and spies. But over the last government should be electronically vestigation. You can’t argue that it is decade, the FISA Court has been tracking Americans’ movements with- relevant to an investigation when tasked with interpreting broad new out a warrant. What is particularly there is no such investigation occur- surveillance laws and has been setting troubling to me is there is nothing in ring while they are collecting the data. sweeping precedents about the govern- the PATRIOT Act in addition that lim- The privacy commission said that basi- ment’s surveillance storing, all of it its this sweeping bulk collection au- cally we are turning words on its head being done in secret. thority to phone records. Government if we are saying something like this is And I will say—and I would be inter- officials can use the PATRIOT Act to relevant. ested in my colleague’s thoughts on collect, collate, and retain medical So I think the American people are this—that it is time that the court’s records, financial records, library ready for it to end. The American peo- significant legal interpretations be records, gun purchase records—you ple think the bulk collection of our made public—be made public so there name it. Collecting that information in records with a generalized warrant is a are no more secret laws; that the peo- bulk, in my view, would have a very mistake and ought to end. I think we ple of this country have the chance to substantial impact on the privacy of are working very hard, and at this engage in debate about laws that gov- ordinary Americans. point our hope is that between your ac- ern them. I also think there ought to I want to be clear, I am not saying tions and my actions, that hopefully be somebody there who can say on this is what is happening today, but I leaders of your party and my party will these questions where there are major want to make equally clear this is agree to allow amendments to the PA- constitutional implications, there what the government could do in the TRIOT Act. ought to be somebody there who can future. So my question, as my col- The goal of being here today has been say: Look, there may be other consid- league, who has been on his feet for a to say not only to the American people erations than the government’s point

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The ques- again, we are talking about policies. 12333 that we talked about today, an- tion is whether people are still trying We are not talking about matters that other very important area; and then to maintain that Congress has no abil- are going to reveal secret operations or section 702, the Foreign Intelligence ity to oversee or review it? sources and methods. We are talking Surveillance Act area, where a for- But I have seen, at least in the lay about policy. eigner is the target and the records of press—I think they say in the lay press So I think it would be helpful, again, Americans are swept up. So I think we that there is some special investiga- as we move to wrap up, if my colleague are addressing exactly one of the con- tion. Without going into detail, is from Kentucky could outline some of cerns that has come out in the last few there some kind of investigation or the reforms in the foreign intelligence days with respect to what Americans evaluation of the Executive order being court area that he thinks would be are concerned about. done by us or one of the congressional most helpful in terms of promoting I know there has just been a brand- bodies? That was in the lay press. transparency and accountability, that new major survey that has been done. Mr. WYDEN. Yes, what I can tell you do not compromise sources and meth- My colleagues may have touched on it is that I think there have been some ods—because I think my colleague has sometime in the course of the day. changes, some improvements. But it some good ideas in this area—and Americans particularly want to know continues to be a challenge. The re- what, in my colleague’s view, would be what information about them is being ality is you kind of look back from most important with respect to getting collected and who is doing the col- that period. In those early days, for ex- reforms in this secret court in a way lecting. In each of these three areas ample, John Poindexter made a pro- that would ensure more transparency that I mentioned, there are substantial posal for something called Operation for the public and still protect our val- questions with respect to the privacy Total Information Awareness. It would iant intelligence officials who are in rights of Americans. have been the most sweeping invasion the field. Mr. PAUL. Well, one of the com- of privacy, in my view, in the country’s Mr. PAUL. I think that is a good ments that we went through tonight history. We decided, much like when question, and the Senator’s office and was an opinion by one of the attorneys my colleagues talked about those early my office have worked for a while to in the Bush administration. They said, interpretations in the Bush adminis- try to come up with FISA reforms. One basically, that there were authorities tration, that this was an unacceptable of them is sort of in the USA FREE- that they were given that were inher- expansion of executive branch power. But it was not until a young intern DOM Act but maybe could be better, ent authorities under article II that who was in our office late one night saying that there ought to be a special gave them the right to collect data on found some of the true excesses of this advocate so there is an adversarial pro- Americans. But they also then con- project—in fact, this young intern ceeding. cluded by saying that Congress had no found that the program would actually One of the problems in the USA business at all reviewing this data; encourage, as part of an experiment, FREEDOM Act, as it is written, is that that there was no authority—that they debate about assassinating foreign the advocate is only appointed by the were basically powers given to the leaders. People just found that so out FISA Court and doesn’t have to be ap- President and that Congress has no of the mainstream that when we pointed by the FISA Court. It may well ability—I guess I would be interested, brought it to light, Operation Total In- be that a FISA Court that has given a in the form of a question, if the Sen- formation Awareness was gone within rubberstamp to bulk collection may ator can answer whether he believes about 48 hours. not be as inclined to give a special ad- there are article II powers of surveil- So we have seen—my colleague high- vocate. lance of American citizens that Con- lighted the Bush administration pro- I also think it is important, as the gress has no business questioning? posal to basically have unchecked ex- Senator mentioned many times, that Mr. WYDEN. My colleague is—and I ecutive branch power in Operation we should get outside of a secret court remember those days well—basically Total Information Awareness. My col- to a real court, where you really have summing up the argument of the Bush league asked about 12333, which we an advocate that is actually on your administration. I and others pushed have been reviewing. side, I think allowing for an escape back and pushed back very hard, be- So, yes, it is going to remain an on- hatch for people to appeal. cause it would essentially, if taken to going concern, an ongoing challenge, For example, if you are being told by this kind of logical analysis, basically because I think there is a sense that a FISA Court that bulk collection of strip the legislative branch of its abil- the executive branch is the only one all the phone data in our country is ity to do vigorous oversight. that can really deal with this kind of legal, you should have a route to an ap- So my colleague has summed up information in a timely kind of fash- pellate court, an automatic route out what was the position of the Bush Ad- ion. Well, what we have seen, with re- of FISA to an appellate court. I think ministration. But like so many other spect to bulk phone record collection, the appellate courts are fully capable positions that were taken during that is that this has been a program that of redacting, going into closed session period of time, once there was an op- has not been about timely access to if they have to, but then you have a portunity to make sure people under- relevant information. real trial, with a real advocate on both stood how sweeping it was—what my Experts with national security clear- sides. I think that is important as well. colleague has described is an extraor- ances—we talked about those individ- I do have one question or a question dinary sweep of executive branch power uals this afternoon—said this program that you may be able to reframe into a basically relegating any role for con- does not make us safer, and we could question; that is, can you give the pub- gressional oversight to that much—and get rid of it and obtain the information lic a general idea of what percentage of not on the central question. So my col- by conventional sources. So I think we the overall problem of collecting Amer- league has summed up what the Bush have begun to reign in this unchecked icans’ data is in the form of bulk data administration said in those early executive branch power. I think a big and what percentage do you think is days. part of it has been the very valuable coming from Executive order and what I had joined the Intelligence Com- work my colleague has done in terms do you think is coming from the 702 mittee shortly before 9/11. I was struck, of trying to highlight these kinds of backdoor collection of data. because this really was the first exam- practices and why I have appreciated Mr. WYDEN. I would say that all of ple I saw of just how some in the execu- the chance to work closely with my the matters we have talked about this tive branch would try to lay out a the- colleague since I came to the Senate. afternoon, this evening, would be sig- ory of executive branch power that Mr. PAUL. I think one of the most nificant concerns with respect to en- really just takes your breath away. exciting things probably is the court suring the liberties of the American Mr. PAUL. I guess a followup to that case—the Second Circuit Court of Ap- people are protected without compro- would be this: Are those arguments peals—and their ruling. My hope,

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.133 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE May 20, 2015 though, had been that it would go to tension. That has been the pattern 1791, says: ‘‘The right of the people to the Supreme Court. My understanding year after year, every time there has be secure in their persons, houses, pa- is it has been remanded to a lower been an expiration of the act. pers, and effects, against unreasonable court. I think one of the things that we I think what has been shown today is searches and seizures, shall not be vio- really need is that we need a ruling that kind of business as usual is just lated, and no Warrants shall issue, but that updates Maryland v. Smith. We not going to be acceptable any longer. upon probable cause, supported by need a ruling that talks about the fact You have made that point. I want it Oath or affirmation, and particularly that most people’s records are being understood that we are going to be pur- describing the place to be searched, and held in a virtual fashion. I think there suing the effort to make sure that this the persons or things to be seized. needs to be a ruling that comes from time we are not just going to re-up a These are not idle words. They are the Court that acknowledges that you bad law, re-up a flawed policy and say not surplusage. They are not there just still retain a privacy interest in your that it is OK to continue a program. for ornamental purposes. They are records, even when they are being held This was reauthorized, in effect, by there to put important limitations on outside of your house. the President a few months ago. This is the power of government, to make sure The idea of old fashioned papers in going to be the last extension. This has that when government goes after your house—the concept is good, that got to be the last extension. I am com- things—things that are important to we should protect that privacy. But I mitted to working closely with the our personal lives, things that are part think also the concept technologically Senator and our colleagues to make of our houses, things that are part of is that you know you will not have pa- sure that that is the case and to take our papers, our personal effects—those pers in your house, but you will have the steps necessary to ensure this is fi- things cannot just be grabbed ran- private matters that will be held vir- nally the last extension of a badly domly by government. tually outside the house—and whether flawed law. I thank my colleague for Government has to have a reason for or not the Fourth Amendment protects his good work. going after them, and government has those. You often have advocates from Mr. PAUL. Thank you. I think the to be constrained in some meaningful the government who say that the American public is ready to end bulk way in the way it goes after them. fourth amendment does not apply to collection. I think there is a bipar- When the government relies on a any records once they are outside your tisan, across-the-aisle approach that warrant, the warrant needs to describe house or in other hands. I really think people want to end bulk collection. The the things or the places to be searched that you do not give up your privacy time is now. We cannot keep extending with particularity. The people subject interest when you let someone else this. to them need to be identified with hold your records, that you still main- I think probably the biggest deal is some particularity. tain an interest in privacy even though that the PATRIOT Act does not even And, you know, these words were someone else holds these records. justify this. This is a program that meant to be flexible. They were meant Mr. WYDEN. I think my colleague needs to end because even those who to be molded from time to time in dif- has made an important point with re- read the PATRIOT Act, even those who ferent circumstances. They are not ab- spect to the Smith case. The Smith love the PATRIOT ACT, acknowledge solute in their terminology, and that is case was not made for the digital age. that the PATRIOT Act does not even one of the reasons they have endured That is a big part of what we have give permission for this. This is some- for well over two centuries and why sought to do throughout this debate, is thing we are doing that there is no per- they have been able to adapt to to try to make sure that people really mission for. It has to end. I think the changes in technology. But there is not understand the implications in the dig- American people will be very dis- any reasonable construction of this ital age of what these policies, you appointed in us as a body if it does not language that I think can countenance know, mean for their privacy. end. what the NSA is doing and what we are I see my colleagues are on the floor This is the time to do it. I agree with talking about here, which is the bulk and I want to give them some time. the Senator. We are going to do every- collection of telephone metadata. But since you mentioned this question thing we can to stop it. I see the Sen- Now, what is happening is that the of the court cases, I think there was ator from Utah. Does the Senator from NSA is getting these orders, these or- really striking language recently by Utah have a question? ders from the Foreign Intelligence Sur- Judge Leon of the U.S. District Court Mr. LEE. I do. At the outset of my veillance Court, and these orders basi- for the District of Columbia, talking question, I would like to point out that cally tell the telephone service pro- about what the scooping up of all of while I disagree with you, Senator viders: Give us all your data. Give us these records really means. Judge Leon PAUL, with regard to the specific ques- all your records, all of them. We don’t said, ‘‘a few scattered tiles of informa- tion of whether we should allow section really care whether they are relevant tion’’ when collected in mass, can ‘‘re- 215 of the PATRIOT Act to expire in its to an ongoing investigation of a par- veal an entire mosaic’’ about a person entirety, I don’t believe we need to do ticular person or of a particular ter- including their religion, their sexual that. I would prefer that we pass the rorism ring or a particular foreign in- orientation, medical issues, and polit- USA FREEDOM Act as passed by the telligence group of activities. We want ical affiliations. House of Representatives by an over- all of them. Send all of them to us. We So you combine what the judge has whelming margin of 338 to 88 last week. are going to put them all in a database described, I think correctly, as bulk While we disagree on that issue, I ab- and we are going to search them when collection, outdated court cases such solutely stand with you, Senator PAUL, we feel like it. as the Smith case, which really was and I believe with the American peo- Now, I don’t dispute the claim made not updated in terms of what we would ple, on the need for an open, trans- by the NSA that there are a limited be facing in the digital age, and I think parent process and debate regarding number of people who have access to this really combines to create policies this issue. I also stand with the Sen- this database, nor do I dispute, at least that have a chilling effect on liberty ator with regard to the belief that bulk for purposes of this discussion I am not and liberty for innocent law-abiding metadata collection is wrong. It is not going to dispute—and I have no basis Americans. something that we can support. It is for refuting—the assertion that the So I want to say it again to my col- not something that the American peo- people who work at the NSA are well league who is now approaching 10 hours ple feel comfortable with and that it is intentioned, that they have our na- on his feet. I very much appreciate his incompatible with the spirt if not the tional security interests at heart, that focusing on these issues. We have a lot letter of the Fourth Amendment to the they are there to protect us. of work to do because we know that Constitution of the United States that But even if we don’t dispute any of there has been a pattern in the past we have all sworn an oath to uphold those things, even if we accept all of where when we really get down to the and protect and defend. those things as a given, we have to ac- final days—the last couple of days— Let’s remember the text of the knowledge the very real risk that the there is always a lot of pressure to go Fourth Amendment. The text of this same people who work there now might along with some kind of short-term ex- amendment, penned in 1789, ratified in not be—in fact, we are certain they

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.139 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3169 will not be—the same people who work of 1,000 phone numbers over the last 5 aware of any evidence that such abuse there 1 year from now or 2 years from years, then that is 1,000 numbers. Then is occurring. And I am willing to as- now or 5 years or 10 years or 15 years the NSA goes out one hop beyond that sume, for purposes of this discussion, from now. and connects each person, each phone that is not occurring, that the men and And we know something about number with whom the original person women who work at the NSA have human nature, which is that humans, had contact. Let’s assume that each of nothing but the best interests of the when given power, will sometimes those phone numbers had, in turn, con- American people and American na- abuse that power. Sometimes they will tact with 1,000 phone numbers. You get tional security at heart. abuse that power to the detriment of to 1 million phone numbers pretty But how long will this remain the others. Sometimes they will do it for quickly. case? And how safe, how fair is it of us personal financial gain. Sometimes But each time the NSA collects these to assume that will always be the case? they will do it for political gain. Some- data points, each data point taken in We can scarcely afford—for the sake of times they will do it in order to further isolation might not say much about our children, our grandchildren, and certain agendas. that person. But as our friend and our those who will come after them—we That is exactly why it is so impor- colleague from Oregon noted a few cannot afford to simply assume this tant to put boundaries around the au- minutes ago, it is by using that com- will always be the case. thority of government. That, of course, bination of data points, by aggregating We have to remember what happened is what the Constitution is. This is our all of those data points together, some- a few decades ago when Senator Frank set of boundaries. This is our fence one can tell an awful lot about a per- Church and his committee looked into around government authority. It is son. wiretap abuses that had happened there for a reason. It is there to make In fact, there are researchers who, within the government. We have to re- sure the American people are protected having used similar metadata and member the Church report that was re- against government. similar sets of metadata in their own leased at the end of that investigation. So, first, the Founding Fathers put in databases, have concluded that they That report concluded that every place this structure that explained how can tell what religion a person belongs Presidential administration from FDR government would work. It established to, what political party someone be- through Richard Nixon had utilized law the government, and then it carefully longs to, their degree of religiosity, enforcement and intelligence-gathering positioned this series of fences around and their degree of political activity. agencies within the Federal Govern- the government to make sure power They can tell what someone’s hobbies ment to go engage in political espio- wasn’t abused against the people. are. They can tell whether they have nage. So that technology, which was It is interesting, when the PATRIOT children, whether they are married. then only a few decades old, had been Act was enacted and when it was subse- They can tell how healthy they are, abused. It had been abused for a long quently reauthorized several years what physical ailments they might suf- time. The abuse of this technology had later, Congress put in place a relevance fer from. In many instances, they can gone, of course, unreported for many requirement. Congress put in place—in tell what medications they are on. And decades, but it had nonetheless been section 215 of the PATRIOT Act—a re- all of these things are made more effi- occurring. quirement that the business records cient by virtue of the automation in Again, I don’t know, I can’t prove it. that were obtained by the NSA, pursu- this system. I have no evidence that such abuse is ant to section 215 of the PATRIOT Act, So while it is true people point out going on right now. But I think all of had to be relevant to an investigation, that under section 215 of the PATRIOT us, in order to be honest with our- relevant to some things they were Act, under this particular program, the selves, would have to acknowledge that doing. NSA is not listening to telephone con- there is at least some risk that if it is Here again, as with the language of versations. They are not listening to not occurring now, at some point it the Fourth Amendment of the Con- them. will occur in the future. This tempta- stitution, there is some play in the Interestingly enough, this is very tion is simply too strong for most mor- joints of the term ‘‘relevance.’’ Some often a straw man argument that is tals to resist, particularly in an area things might be relevant in one situa- thrown out by those who want to make such as this where there is, with good tion and not another. Whether it is rel- sure that section 215 of the PATRIOT reason, very little ability for the out- evant is going to depend on a lot of Act is reauthorized without any re- side world to observe what is going on facts and circumstances pertinent to forms. They claim that those who are inside that particular government the investigation in question, but it opposed to this type of action are out agency. stretches the term ‘‘relevant’’ or the there falsely claiming that the NSA is Now, that is exactly why I happen to concept of relevance beyond its break- listening to phone calls over this pro- support what was passed by the House ing point, beyond any reasonable defi- gram. of Representatives last week. What was nition. Well, that accusation of falsehood is, passed by the House of Representatives If you deem something to be rel- itself, false. That accusation of false- last week in the form of the USA evant, so long as it might in some fu- hood is, itself, a straw man effort. It is FREEDOM Act was something that ture investigation—one that has not a red herring. It is a lie. It is a lie in- would require the NSA to, instead of yet arisen—become relevant, such that tended to malign and mischaracterize going out to all the telephone compa- you had to gather every record of every those of us who have genuine, legiti- nies and saying, send us all of your phone call made in America, such that mate concerns with this very program, records, we want your calling records, NSA wants to go after every record of because the fact is we don’t make that just give us your records, we don’t care every phone call made by every Amer- argument. The argument we are mak- whether it is relevant to a particular ican going back 5 years, storing that ing is that the NSA doesn’t even need phone call, particular to a specific series of records in a single database to do that. The NSA can tell all kinds number that was itself involved in ter- that can be queried for up to 5 years in of things about people just by looking rorist activity or foreign surveillance advance. at that data. activity, we don’t care about that, just Let’s just go through this exercise Because it is automated and because send it to us—far from doing that, what for a minute. Think to yourself, how it is within a system that operates the USA FREEDOM Act would require many phone calls have I made in the with a series of computers, they can is for the government to show that last 5 years? How many distinct phone tell very quickly it is a lot less human they needed records related to a tele- numbers have I called in the last 5 resource-intensive than it would be if phone number that was itself involved years? they were having to listen to countless in some kind of activity. They Well, if somebody has called 1,000 hours of phone conversations. It is a wouldn’t have the ability to go to all phone numbers—or, let’s say, made lot more efficient. the phone companies and just say send phone calls to 500 phone numbers and Again, I want to be clear. I have no us everything. received phone calls from another proof that the NSA is currently abus- They would instead have the power group of 500 phone numbers, for a total ing this particular program. I am not to get a court order, to get those

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.141 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3170 CONGRESSIONAL RECORD — SENATE May 20, 2015 records of those phone calls that might asked unanimous consent to bring this point to anything bad that is hap- well be connected to terrorism based bill—the House-passed USA FREEDOM pening right now, even when we can’t on their contact with a phone number Act, H.R. 2048—to the floor and to have point to any specific abuse that is oc- that was related to such activities or open debate and discussion and an open curring. their contact with somebody else, with amendment process, with the under- Bulk data collection is itself a type some other phone number that was, in standing we would turn back to the of abuse. There is a type of constitu- turn, having some kind of communica- trade promotion authority bill as soon tional injury even though we can’t tion with someone involved in those as we had properly disposed of this leg- point to anything secondary from that. activities. islation, as soon as we had finished de- We can’t point to any horrible sec- Not all of us agree on this and, Sen- bating and discussing it, voting on ondary effect from it; it is in and of ator PAUL, you and I don’t agree on amendments and voting on the legisla- itself wrong. this particular bill, but we do agree on tion. The wrongness of this program can the underlying issue. And we also agree I am a big believer in free trade. I be illustrated when we take to its log- that the Senate works best, that the like free trade. I think free trade is ical conclusion the very arguments Senate serves the American people well good. I would like to see us get to both presented by the NSA for this type of when it lives up to its self-described of these pieces of legislation. But im- activity. Let me explain. The metadata reputation as being the world’s great- portantly, H.R. 2048 is a piece of legis- that is collected by the NSA right now est deliberative legislative body. We lation that has kind of a fuse attached relates exclusively to telephone calls. would all be better off if we were able to it. Section 215 of the PATRIOT Act The records they collect involve to put this bill on the floor right now— is set to expire at the end of this records of who you call, when you if this bill were able to come to the month, and many of us believe we called them, who calls you, when they floor and it were subjected to open, ought to at least have a debate and dis- called you, and how long the phone call honest debate and discussion so the cussion before that happens, a debate at issue lasted. That is it. American people could see we were de- and discussion about what, if anything, But if the NSA is correct in its inter- bating this and so that you, Senator would take its place, about whether we pretation of section 215, which it is not, PAUL, and some of our other colleagues need something to put in its place and but if it were correct, there is abso- who have ideas as to how we could if so, what that might look like. So lutely no reason why the NSA could make this legislation better would that is why we made this request. This not also collect a number of other have the opportunity to introduce, in request we regarded as a very reason- types of metadata—metadata records, the form of an amendment, improve- able one was, unfortunately, one that for example, involving the use of your ments to this legislation. drew an objection, so we were not able credit card, involving hotel reserva- I heard you outline quite articulately to bring it to the floor. tions, involving airplane reservations, just a few hours ago some very The U.S. Court of Appeals for the metadata regarding emails you have thoughtful reforms, some very well- Second Circuit, based in New York, re- either sent or received, who you sent thought-through improvements, cently addressed this issue of whether them to and who you received them amendments that you would make to section 215 of the PATRIOT Act can ap- from, your Internet traffic, where you this legislation. I think we would all be propriately be read to authorize the have purchased online, who has pur- better off if we took that kind of ap- NSA to engage in this bulk metadata chased something from you online, and proach. collection program. The U.S. Court of all kinds of things. From that Now, we have seen in the last few Appeals for the Second Circuit an- metadata, they could clearly paint a months what can happen. When we swered that question in the negative much more vivid picture of you, a pro- came back in January, we saw that the and concluded there is no statutory au- file built as a mosaic from a billion desks in the Senate Chamber had been thority for the NSA to collect this type data points. They can tell everything rearranged. Many of us were pleased. of metadata. It doesn’t have the au- about you from that type of metadata. We didn’t shed a tear at the realign- thority. It cannot collect bulk Sure, the NSA is not collecting that ment of the desks, and we have noticed metadata on this basis. type of metadata right now. They are that this realignment of the desks re- As the Second Circuit concluded, the not doing it right now. But if we reau- flected a change in the political atti- business records sought under that pro- thorize this without limitation, if we tude among Americans. But, more im- vision have to be relevant. There has to reauthorize section 215 of the PA- portantly for us, it was the precursor be some relevance to something they TRIOT Act and we don’t include any to some very positive developments in are investigating. And of course their kind of restriction on it, there is abso- the Senate. only relevance here, under this pro- lutely no reason why the NSA couldn’t We saw that within just a few weeks gram, is that they exist; it is that they conclude tomorrow or next week or a after this shift in power had occurred, represent phone calls made by someone year from now or later that it wants to we had cast more votes on the floor of in the United States, that they were collect this kind of data as well. the Senate than we had in the entire made under a telephone network in the I would suspect nearly all Americans previous year. Within a few months, we United States. That can’t be the an- would be shocked and horrified to had cast more votes on the floor of the swer. That cannot reflect a proper un- think the NSA could and would and Senate than we had cast in the 2 years derstanding of this concept of rel- might at some point in the future col- previous to that. This was a good sign. evance that is in section 215 of the PA- lect that kind of information on where This is a good sign. It is not just be- TRIOT Act. It can’t, and it doesn’t. you shop online, your credit card bills, cause we are here and we cast votes; it This court ruling is one of the many your hotel reservations, things like is because those votes represent some- reasons why we need to be having this that, things that could easily be con- thing—they represent the fact that we debate and why we shouldn’t be willing nected back to an individual and easily are actually debating and discussing to simply reauthorize section 215 of the give rise to abuse either for partisan and we are allowing each Senator to PATRIOT Act with the understanding political purposes or for some other ne- have his or her views heard. We are that the NSA will continue operating farious purpose. putting ourselves on record as to what this program as is if we reauthorize it. I also want to point out that those we believe represents good policy and It is one of the reasons why I have who are in favor of this program and what does not. been so insistent on having this discus- those who vigorously defend its con- I think we would be in a much better sion and so unwilling to support even a stitutionality routinely rely on a deci- position to address the national secu- shorter term reauthorization of the sion rendered by the Supreme Court in rity needs of our great country if we PATRIOT Act—because they are inter- the late 1970s in a case called Smith v. had such an opportunity with respect preting section 215 in the PATRIOT Maryland. They point out that in to this legislation. That is one of the Act beyond its logical breaking point. Smith v. Maryland the Supreme Court reasons I came to the floor yesterday, We have to remember that the Con- upheld the constitutionality of some along with one of our colleagues, the stitution is worth protecting. It is police activity that involved the col- senior Senator from Vermont, and worth protecting even when we can’t lection of calling data. The Supreme

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Maryland was decided cor- would you want to do that? world of difference between a private rectly, but let’s assume for a minute it He said: Well, I think it is a great business entity having those records was decided correctly and just address idea because it is the only way you and the government having those the fact that it is a decision that re- wouldn’t lose your phone. records. mains on the books. It is precedent Only then did we realize what he was The worst thing that a private busi- that is followed throughout the courts saying. Only then did we realize that ness can do is perhaps send you too of the United States. That is fine. Let’s what he was telling us was that during many emails that you don’t want ask- just accept the fact that it is on the his lifetime, he had never seen in our ing you for more business or maybe it books. But it is very, very different— home a phone that was attached to the can give some of your personal data to not just quantitatively different but wall. He had seen cell phones and he somebody else who will in turn make also qualitatively different—when you had seen cordless landline phones, and phone calls you don’t want to receive are dealing not with one target of one he had seen telephones get lost from or send you emails you don’t want to single criminal investigation and not time to time. receive. just with maybe a few weeks of calling So our technology does change, and That private business has no ability records but when you are dealing with as our technology changes, we have to to put you in prison. That private busi- 5 years of calling records not on one take that into account. Well, our tech- ness has no ability to levy taxes on person, of one target in one criminal nology has changed now to the point you. That private business has no abil- investigation by one group of law en- where our government can learn all ity to make your life a living hell in forcement officers, but 300 million peo- kinds of personal facts about us the same way that your government ple stretched out over 5 years. through metadata, through the type of has the ability to do those things—not That calling data becomes more sig- metadata involved here, and it is only just the ability but, lately, with in- nificant, moreover, when Americans getting more and more this way every creasing frequency, with strong and become more attached to their tele- single day as we transact more and seemingly irresistible inclination. phones, when their telephone isn’t more of our day-to-day business over This is not a victimless offense something that is just plugged into the our telephones and as our telephones against the spirit and, arguably, the wall but something that is carried with become more sophisticated, more port- letter of the Constitution. These kinds them every moment of every day. This, able, and more capable of processing of things have real-world ramifica- by the way, adds to the potential list of more and more data. tions. They ought to be troubling to all metadata that could be collected be- The text of the Fourth Amendment I of us, and we ought to want to do some- cause of course many people now have quoted just a few minutes ago is still thing about them. telephones that track their location. I very relevant today. The fact that the So for these reasons, Senator PAUL, I don’t see any reason why, based on the Fourth Amendment refers specifically would ask you, don’t you think it interpretation of section 215 of the PA- to the right of the people to be secure would be much better to put this bill TRIOT Act and the interpretation of in their persons, their houses, and their on the floor now and allow for an open the Fourth Amendment that the NSA papers and effects is still relevant amendment process, one in which you has put forward, they couldn’t start today and should remind us of the fact and each of our other colleagues could collecting the location data as well, that our persons, our houses, and our have an opportunity to provide input, which would further undermine privacy papers and effects more and more real- to try to improve the legislation, and issues. ly become a part of this—they really to try to do something meaningful So Smith v. Maryland, whether you become a part of our telephones. like it or not, is precedent. It is prece- with this legislation, rather than just Our papers are not always physical dent that is followed by the courts in simply ignore it, pretend it didn’t papers. More and more, they are not. America, but it is not the end of the exist, sweep it under the rug or wait Increasingly, we are even asked to sign story. It certainly doesn’t get you over until we are up against a cliff—this documents that previously would have the hump when it comes to this type of critical cliff between when the Senate, been physically signed on a hard copy, collection. Saying that what was cov- much to my chagrin and the chagrin of a stack of papers—increasingly you can ered by Smith v. Maryland is the same many of our colleagues, is set to ad- do business transactions without ever thing as what the NSA is trying to do journ and leading up to the moments handling a physical paper. Increas- here is a little bit like comparing a when this program is set to expire? pony ride to a ride to the Moon and ingly, you can do those things elec- Wouldn’t we be better off to take this back. They both involve some form of tronically. People often prefer to do it up and debate this under the light of transportation, but they are worlds that way. It saves time. It saves day, under the view of the American apart, drastically different, and so money. But as more and more of our people? much so that they can’t really even be lives are played out on these portable Mr. PAUL. I think the Senator from compared. digital devices, it becomes more and Utah asked a great question, and I Our technology has changed dramati- more important for us to be remember think he framed the debate over the cally over the years—so much so that there are Fourth Amendment ramifica- Fourth Amendment very well. if we don’t stop and think about it, we tions when the government wants to I think if we asked to put the bill on might not even recognize it. get involved in what we do on those the floor at this hour, we may not be A few years ago when my son James same devices. able to find anybody awake to ask per- was about 10 years old, he came up That is why it is not really fair any mission to have the bill this evening. with a really good idea that he an- more to simply rely reflexively on We haven’t been able to locate anyone nounced to us. He said: You know, I Smith v. Maryland to say this is all to get the bill this evening, so I am have been thinking about it, and I am constitutional, nor is it fair to say that afraid we will have to say no. going to invent something. your phone company already has this But we have been asking for a full We said: What is that? record, so there is no reason why the and open debate. Your solution, as well He said: Well, I am going to invent a government shouldn’t have it. I actu- as mine, as well as Wyden’s, as well as telephone that is attached to the wall. ally don’t even see that comparison. other’s, is to have a full debate on the It will be attached to the wall so it Some people think this is somehow floor for this. can’t be removed. It will have a wire persuasive. I don’t find it persuasive at There were a couple of things you that runs into the wall, and that is how all. There is a world of difference be- said that I thought were particularly the telephone will work. tween allowing a private business with worth commenting on.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.143 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE May 20, 2015 People say that because there is no This is one of the additional things I eventually be some legal injunction evidence that the program is being would like to do because we don’t get against what the government is doing. abused, there is no evidence that we to talk about this very much. We have But for goodness sake, it perplexes are searching the records of certain the ability, and we are talking about me that the President says: Oh, yes, we people of certain race or religion or the bulk collection of records, but we need a balanced approach, and I am lis- abusing people for some reason, that is should also talk about whether we tening to my privacy commission. I am proof somehow that no abuse is occur- should have hundreds of thousands of listening to the review board. Yet I cre- ring. warrants written by policemen, by FBI ated this out of whole cloth as an Exec- But I agree with you that the collec- agents. I think warrants should have a utive order, and I am unwilling to stop tion alone is an abuse in and of itself. check and balance where you have a it even though the appellate court has To me, the basic point and the biggest judge. told me it is illegal. part of the point is that what we are There is something that is so civil- He is unwilling to stop it. I think dealing with is something that is a izing and something that levels the that sort of defines disingenuous—that generalized warrant. playing field and keeps abuse from hap- he is going to stop it as soon as Con- There is nothing specific about col- pening when a policeman tonight in gress stops it. lecting all of the records from all DC, in front of a house, who wants to It is so hard to get anything done Americans all of the time. There is go in, is calling someone who is not in here. We have had vast majorities—not nothing specific about the name hot pursuit and who hasn’t just had a only for the USA Freedom Act but for ‘‘Verizon.’’ I tell people that I don’t physical altercation with the people Thomas Massey’s act. We had a vast know anybody named Mr. Verizon. So they are chasing—someone who is dis- majority over there to defund it—for that can’t be a specific individualized passionate and unconnected to the heat JUSTIN AMASH, for defunding things warrant. That is a general warrant. of the crime—who is going to give per- that we were doing—big majorities. It That is what we fought the Revolution mission for this policeman to go into a is another evidence that the Senate is over—to individualize warrants, to in- house. further distanced from the people, that dividualize what we were requesting, We say that a man’s house is his cas- the House is closer. They are hearing and, above all, probable cause. tle, and he can defend it. That was the the message stronger. We accepted a lower standard to go whole idea—that things within the cas- I think the message is a strong one, after foreigners, to go after terrorists. tle were the man’s or woman’s, we and the message is that nobody—I And part of me says that maybe we would say now. But it is not only that mean, really, the vast majority of could do that just for terrorists. But your records are in the castle anymore. Americans are very unhappy with hav- now we are using it for domestic crime. They are in the cloud. And records are ing all of their records collected. That One of the biggest things I would like virtual. We have whole households that really to me gets back to the whole to change is that nothing within the have no paper records. idea of whether we should accept or PATRIOT Act or any of this could be The amazing thing about records is validate general warrants. It is still used to convict somebody in a domestic they are now saying that with part of my concern, a little bit, with court. metadata records, they can discover the reform. I want the reform—it could Section 213—sneak-and-peak—99.5 more than we could have discovered in go a long way if we no longer have the percent of the time is used for domestic a lifetime of looking at your personal ability to put the word ‘‘corporate’’ in drug crime now. We have the NSA letters in your house, because so much there and if it were specifically individ- sharing data that is supposed to be col- information is there, so much can be uals. And I think we have a chance to lected on foreigners with the domestic connected between the dots between all go maybe even a little further than we DEA and then making up another sce- of these things. have gone in the reform that is being nario where they might have heard I am still not convinced that we offered to say that we shouldn’t be able about this. But they didn’t really hear aren’t collecting data on credit cards, to request all of the records from a cor- about this from the NSA. on emails. I think some of this is done poration, because there is some re- I think the public at large thinks we through the Executive order that most tained privacy and there is some re- have gone way too far—way too far of us are not privy to. The only people tained property interest even in your with the bulk collection records. It is that know anything about Executive records. And I think there always has not only what we have done, but it is Order 12333 and what they are doing on been. just that there is absolutely—even in it are people on the Intelligence Com- the PATRIOT Act, which I object to— mittee. I am not convinced we aren’t They talk about an expectation of no justification for collecting the collecting email data. privacy. I would think that if you have records. The idea that records could be They currently say that your email— a contract, when you sign the agree- relevant to an investigation that has this is the bill you promoted—after 6 ment, you are agreeing to a privacy not yet occurred puts logic on its head, months, your email has no protection. contract with an Internet provider or a puts it topsy-turvy to where words Before 6 months, I think the only pro- search provider or a telephone com- don’t mean anything. tection is to the content, not to the pany. I think that is indicating, as I am very concerned that there is a header, not to the addressee. they talk about in the cases, an expec- lot of surveillance that we don’t know We currently have the opinion. We tation of privacy. Well, I have signed about, not only through the PATRIOT desperately need the Supreme Court to an agreement with the company, and Act justification but through Execu- rule on this. We have the Smith v. they promised me and I promised them. tive order justification. It concerns me Maryland decision, which was in the I would think that for certain is an ex- that there are still people who are ar- premodern age, as far as data goes and pectation of privacy in the eyes of the guing that article II gives unlimited as far as your papers being held. We court. authority to the President, that there desperately need a decision. (Mr. RUBIO assumed the Chair.) is no congressional check and balance My hope was that the appellate court So I don’t understand how they can to the President with regard to surveil- decision would go to the Supreme argue we have completely given up our lance. There are people making that Court. But my understanding—being records, and that we have no ability at argument—that there is no limitation just a doctor—is it went the other way. all to retain an interest in our records. to Presidential power. It has been remanded lower and may I am very much convinced this is an I think one of the best things our never make it to the Supreme Court. I important debate—that the Bill of Founding Fathers gave us was this don’t know that. But I think we do Rights is something that we shouldn’t check and balance so we had coequal need something at the Supreme Court look at lightly; that we should, as we branches. I think it is a great thing level. move forward, make sure we do protect with the Fourth Amendment that a There have been many who are now the things that are important. We warrant had to be signed by somebody arguing that the appellate court—this shouldn’t hurry up and have deadlines, who wasn’t a policeman, who wasn’t a again from a physician, not a lawyer— and then say we are not going to have soldier. is really binding and that there could time to debate it.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.145 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3173 I see the Senator from Texas, who is body is for the U.S. Senate to pass the the USA FREEDOM Act, the national also a defender of the Fourth Amend- USA FREEDOM Act. I am an original security team would have more effec- ment, is here, and I would be happy to sponsor of that bipartisan legislation. tive tools to stop actual terrorists than take a question without losing the The USA FREEDOM Act does two they do today under the bulk metadata floor. things: No. 1, it ends the Federal Gov- collection of law-abiding citizens. That Mr. CRUZ. I thank the Senator from ernment’s bulk collection of phone is worth underscoring. The national se- Kentucky. I would note that he and I metadata for law-abiding citizens. I am curity professionals advising this body agree on a great many issues, although entirely in agreement with my friend, have said the USA FREEDOM Act we don’t agree entirely on this issue. the Senator from Kentucky, that the could well be more effective in pro- But I want to take the opportunity to Federal Government should not be col- viding the tools to stop terrorists than thank the Senator from Kentucky for lecting the data of millions of law- the current status quo. That argument his passionate defense of liberties. His abiding citizens with no evidentiary needs to sit in for everyone arguing is a voice this body needs to listen to. basis to do so. It is long past time to that we have to maintain the status I would note that the Senator from end this program, and the USA FREE- quo to stop terrorism. If it is the case, Kentucky’s father spent decades in the DOM Act does that. as we have been told, that the USA House of Representatives as a pas- At the same time, the USA FREE- FREEDOM Act could be more effective, sionate advocate for liberty. Both his DOM Act maintains the tools to target that argument suddenly falls to the father’s voice and the Senator from terrorists. We are living in a dangerous ground. Kentucky’s voice have altered the de- world with the rise of ISIS and Al Secondly, I address my friends in the bate in this Chamber and have helped Shabaab and Boko Haram, not to men- Republican Party who have preferred refocus the Congress and the American tion Al Qaeda and radical Islamic ter- to reauthorize the PATRIOT Act. Even people on the critical importance of de- rorism across the globe. The threat to if that is their preference, it is abun- fending our liberty. the American homeland has never been dantly, abundantly clear that a clean I think protecting the Bill of Rights greater. reauthorization to the PATRIOT Act is a fundamental responsibility of the It is critical that law enforcement ‘‘ain’t’’ passing this body and it cer- Federal Government. And it is heart- and national security maintain the tainly ‘‘ain’t’’ passing the House of breaking that over the last 6 years we tools so that if there is a credible basis Representatives. I would note that the have seen a Federal Government that to believe that a particular individual USA FREEDOM Act passed the House is planning a terrorist attack, we can not only fails to protect the Bill of of Representatives 338 to 88. It was not intercept their communications and we Rights but that routinely violates the a narrow victory. It was overwhelming. can prevent that terrorist attack be- constitutional liberties of American So even if Members of this body would fore, God forbid, they murder innocent citizens and routinely violates the Bill prefer to reauthorize the PATRIOT Act Americans in the homeland. Those of Rights. in its entirety, the votes ‘‘ain’t’’ there. critical words there are ‘‘particular in- I listened to the learned remarks and So the choice they face is letting it ex- questions from the Senator from Utah, dividual.’’ What the Fourth Amendment envi- pire altogether, losing the tools we where he noted that under the jus- sions is not that law enforcement’s have to prevent real terrorists from tifications for the current bulk collec- hands are tied; law enforcement has carrying out acts of terrorism or ac- tion of metadata, it is the position of tools to stop crimes. But as my friend cepting a commonsense middle ground the Federal Government that they the Senator from Kentucky has so pow- that vigorously protects the Bill of have the full constitutional authority erfully observed, the Fourth Amend- Rights while maintaining the tools to not only to collect metadata but to ment was designed to prevent general target the bad guys. collect the positional location of every warrants. It was designed to prevent I will say this: With my friend the American. If any of us carry our cell the government from assuming that Senator from Kentucky, I entirely phone, wherever we go, it is the posi- everyone in the country is automati- agree that he is fully entitled to intro- tion of the Obama administration that cally guilty and we will seize your in- duce his amendments to that bill. This the Federal Government has the full formation. Rather, the tools of law en- body should engage in a full and open constitutional authority to track the forcement and national security should debate considering amendments, and location of every American citizen no be particularized based on the facts of the Senator from Kentucky should be matter where we are. That is a breath- the evidence. able to propose reasonable common- taking assertion of power. That is why I support the USA sense improvements to the USA FREE- I would note that we do not merely FREEDOM Act because it accomplishes DOM Act. need to speculate that that is the both goals. It protects our privacy We ought to debate them on the mer- Obama administration’s position. In- rights and the Bill of Rights of law- its in a full and open process. There deed, in a recent case before the U.S. abiding citizens, but it ensures we have was a time not too long ago when this Supreme Court, the Obama administra- the tools to prevent acts of terrorists. body was called the world’s greatest tion argues that law enforcement could I would note two points that are im- deliberative body. Debate is what we place a GPS locator on the automobile portant. There are a number of Mem- are supposed to do on the merits. of any and every law-abiding citizen in bers of this body, including a number If the defenders of the PATRIOT Act this country and track the location of of Members of my party and the party right now are so confident of their po- your automobile and my automobile of this Senator from Kentucky, who sition, they should be prepared to de- with no probable cause, no articulable argue that the PATRIOT Act should be bate the Senator from Kentucky on the suspicion, no nothing. reauthorized with no changes, and they merits, to debate each of the Members The Obama administration argued argue to do anything else would jeop- of this body on the merits, and to ar- that the Fourth Amendment and the ardize our national security. rive at the right policy that both pro- Bill of Rights say nothing about the There are two facts that are critical tects our constitutional rights and en- Federal Government placing a GPS lo- to assess to responding to that argu- sures we have all the tools we need to cator on the automobile of private law- ment. No. 1, the Members of this body protect the safety of American citizens abiding citizens. have received confidential classified against acts of terrorism. Thankfully, the U.S. Supreme Court briefings from the national security of- I will note standing here with the rejected that position. It did not reject ficers of this administration. We are Senator from Kentucky and with the that position 5 to 4 or 6 to 3 or 7 to 2; not at liberty to convey the specific de- Senator from Utah at 11:40 p.m., I am the U.S. Supreme Court rejected that tails of those briefings. But the Mem- reminded of the movie ‘‘The Blues radical antiprivacy position of the bers of this body have been told, No. 1, Brothers’’ saying: Jake, we have got to Obama administration unanimously, 9 the USA FREEDOM Act would provide get the band back together again. I am to 0. effective tools so that we can prevent reminded of previous evenings standing I am entirely in agreement with my acts of terrorists. here with this same band of brothers in friend the Senator from Utah that the Indeed, they have gone further to say the wee hours of the morning. I will right resolution of the issue before this that it is entirely possible that under make a couple of final observations in

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.146 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE May 20, 2015 this question. The first is, the very the President’s chair presiding, and the The time is now in the digital age first time I ever spoke on the Senate entire hour I was there, there was a that we need to protect our privacy floor, when I was a brand-new freshman glass of water on Senator PAUL’s desk, when we loan out our records, and it is Senator, was during the last time the and he did not drink a sip of it. different to loan out your records and Senator from Kentucky was filibus- I will note that was advice I endeav- allow them to be held by a telephone tering. Senator RAND PAUL was filibus- ored to follow. It was good advice, and company or by an Internet provider or tering against the Obama administra- I am glad to see my friend is following in the cloud. It doesn’t mean you give tion’s policy of uncontrolled drone it as well. up your right to privacy. I think you strikes and the refusal of the Obama This is an exceptionally important have an expectation of privacy with or administration to acknowledge that issue that this body should be focused without a contract, but often we have the Constitution prohibits the Federal on, the responsibility to protect the an explicit privacy agreement, an ex- Government from using a drone to tar- Bill of Rights and the constitutional plicit privacy contract that we actu- get a U.S. citizen with lethal force if rights of every American. ally have with the phone company and that citizen does not pose an imminent The question I would ask my friend Internet provider. They are supposed to threat on U.S. soil. the Senator from Kentucky is, is there protect our interests. It sends exactly When the Senator from Kentucky any excuse for this body not taking se- the wrong signal to give liability pro- began that filibuster that morning, he riously our obligation to protect the tection to these companies and say to had asked if I might come out and sup- Bill of Rights and the constitutional them that they can run roughshod with port him. I told him at the time, as a rights of privacy of every American? us and that they can give their infor- newbie in this body, that I wanted to Mr. PAUL. I want to thank the Sen- mation out. respect the institutions of the Senate, ator from Texas for joining in the bat- The bulk collection must end, and I which included the tradition that the tle to defend the Bill of Rights and the think we have the votes to do it now. freshman Senator should stay quiet for Fourth Amendment. I know he is sin- We need to end the bulk collection of a number of months before speaking. cere in that approach. There is abso- records, but that is not where this bat- So initially I said: No, I am not going lutely no excuse, no excuse not to de- tle ends. There is still a question as to to come down; it is not yet time for me bate this and no excuse not to vote on whether the Executive is gathering a to speak on the Senate floor. Yet he a sufficient amount of amendments, to great deal of information through Ex- stood there and 1 hour and 2 hours try to make this better, to try to make ecutive order. I think that has to be re- passed. I could not stand back without the bulk collection of records go away. viewed, and it has to be reviewed in joining him in the support in that epic That is what the American people public. fight. That time I am reminded it was want. It is what the Constitution de- I agree with my friend Senator an anniversary of the Battle of the mands. My voice is rapidly leaving. My WYDEN that the specifics of intel- Alamo. So I had the opportunity to bedtime has long since passed. I think ligence—who the agents are, how we read to my friend William Barret it is time we summarize why we are break code, how we technologically Travis’s letter from the Alamo and to here today and what my hope is for the gather information—by all means does give him the encouragement of Texans future with this issue. not need to be discussed in public, but who gave their lives in defense of lib- We have had a dozen Senators come whether we should collect all Ameri- erty and, indeed, at the time to read down from both parties, from right, cans’ phone records all the time should tweets that were sent in support of the left, conservative, liberal, progressive, be discussed in public. It should have Senator from Kentucky. I said many and Libertarian. We have had several been revealed in an honest way. times I will go to my grave in debt to friends come over from the House as The fact that the Director of our Na- Senator RAND PAUL for the first oppor- well. There is a hunger in America for tional Intelligence lied to us and said tunity I had to speak on the Senate somebody to stand up, for all of us to the program didn’t even exist I think is floor which was his epic filibuster. stand up, for somebody to do the right unforgivable and makes him unsuitable I would also note that following that thing, to say that the Bill of Rights to lead our intelligence agency. We filibuster, Senator PAUL gave me two needs to be defended, that the Bill of have to have trust. Because of this pieces of advice, both of which proved Rights is important. great and enormous power we allow our very helpful for a filibuster I was to do When I think of the Bill of Rights, I intelligence agencies to have, we have of my own several months later. Advice think it is not so much for the popular to have trust, and you cannot have No. 1, he said, was wear comfortable person, it is not so much for the high trust when Congress is lied to. shoes. I would note that I observed the school quarterback or the prom queen; I think, as we move forward today, last time Senator PAUL did that, he did the Bill of Rights is for the least we have made great strides in pre- not follow this advice. He had not among us and the Bill of Rights is to senting arguments in the debate for planned to speak as long as he had. He try to prevent any kind of systemic how we would make things better, how told me his feet hurt for 2 weeks. I will bias from entering into the law for the we would better circumscribe this confess, it was to my great shame that way we treat people. People say: Well, great and ominous power, and how we I am wearing today my argument we collect all this data, but we are not would better make this power condu- boots, which I wear every day on the abusing anyone. We are doing it per- cive to the Constitution. Senate floor. But when I filibustered on fectly in order. The ultimate success will be that we ObamaCare, I shamefully left my boots I agree with Senator LEE that just can actually change things, but part of in the closet and went and purchased the collection of the data is the in- the success will be that we have de- black tennis shoes. As the hours wore fringement in itself. The whole idea bated them today, and my hope is that on, I was very grateful I had abided by that we could put one name on a war- the debate today will let the American Senator PAUL’s good advice and wore rant and collect 100 million records public, as well as our leadership in the the tennis shoes. goes against everything we believe in. Senate, know that we are serious about I would note, as I am sitting here It goes against everything we fought this and that we want to vote on re- today, that the good Senator is wear- for in the Revolution when we fought forms and that we want to vote on sev- ing tennis shoes today. So I am glad to to be left alone. I think Justice Bran- eral different ways we can fix this see he follows his own advice, and I deis put it best when he said that the issue. If this issue comes up every 3 have no doubt that his calves and right to be left alone is the most cher- years, for goodness’ sake, can’t we thighs will thank him tonight and in ished of rights, the most prized among spend a couple of days trying to amend the morning. civilized men, to be left alone in our this and make it better? The second bit of advice Senator castle, or in today’s world, to be left I thank the Senate staff for coming PAUL gave me was to drink very, very alone in our cloud—the time has long in and staying. I don’t think they had little water. That was advice he ac- since passed where we are going to much choice in the matter, but I thank knowledged likewise he had not fol- have paper records—and that is going them for staying and not throwing lowed in his own filibuster. I will note to be our exact home or exact castle things. We will try not to do this but that not too long ago I was sitting in that we are protecting. every couple of years or so.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.147 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3175 I thank my staff for their help in a no surprise that Monsanto, which man- should pay for indefinitely. It has al- long day, and I thank the American ufactures the chemical, insists that ready gone on for a decade and a half. people for considering the arguments glyphosate poses no threat to humans. And it does nothing to counter the eco- and for helping us to hopefully push But some Colombian farmers, whose nomic incentive of coca farmers to sup- this toward the reform where we all re- homes are often located next to their port their families. spect the Fourth Amendment and the fields, have claimed that they or their The Department of State reacted Bill of Rights once again. children suffered skin rashes, difficulty with the following statement: I thank the Presiding Officer, and I breathing, and other health problems Any decision about the future of aerial relinquish the floor. after their property was sprayed. Oth- eradication in Colombia is a sovereign deci- I suggest the absence of a quorum. ers have complained that the herbicide sion of the Colombian government, and we The PRESIDING OFFICER. The will respect that. The United States began has drifted into and destroyed licit eradication at the government’s request and clerk will call the roll. food crops. The senior assistant legislative clerk our collaboration has always been based on Scientists have studied glyphosate Colombia’s willingness to deploy this useful proceeded to call the roll. for many years and have differed about tool. Given the recent suspension, we intend Mr. CASSIDY. Mr. President, I ask its safety. Some studies have concluded to redouble our efforts to use other tools unanimous consent that the order for it is harmless. The Environmental Pro- such as enhanced manual eradication; inter- the quorum call be rescinded. tection Agency says it has ‘‘low acute diction (both land and maritime); and im- The PRESIDING OFFICER. Without toxicity.’’ Others have linked it to proved methods to investigate, dismantle, and prosecute criminal organizations, in- objection, it is so ordered. birth deformities in amphibians. Most f cluding through anti-money laundering pro- recently, the International Agency for grams. We will also continue our longer-term MORNING BUSINESS Research on Cancer, IARC, an affiliate capacity building programs, especially those Mr. CASSIDY. Mr. President, I ask of the World Health Organization, re- related to rule of law institutions, and con- unanimous consent that the Senate ported that glyphosate is ‘‘probably tinue to help Colombia increase its govern- mental presence in the countryside as we proceed to a period of morning busi- carcinogenic to humans,’’ and that there is ‘‘limited evidence’’ that it can recognize those to be the real keys to perma- ness, with Senators permitted to speak nent change. for up to 10 minutes each. cause non-Hodgkin’s lymphoma and lung cancer. That was the right response. Presi- The PRESIDING OFFICER. Without dent Santos has staked his legacy on objection, it is so ordered. I have been concerned for years about aerial fumigation in Colombia. While I negotiations to end the armed conflict f am no scientist, I have wondered how in Colombia. After five decades of war END OF AERIAL DRUG the people of my State would react to that have uprooted millions of people FUMIGATION IN COLOMBIA the repeated aerial spraying of a chem- and destroyed the lives of countless others, a peace agreement would fi- Mr. LEAHY. Mr. President, I want to ical herbicide in areas where they live, nally make it possible to address the speak briefly about a recent decision of grow food, and raise animals. I have lawlessness, injustice, and poverty that the Government of Colombia to end the also noted the conflicting views in the are at the root of the conflict. The aerial fumigation of coca. scientific literature, and we are all Since the beginning of Plan Colombia aware of instances when manufacturers United States should support him. 15 years ago, the United States, at huge insisted that a product was safe only to f cost, has financed a fleet of aircraft, discover years later—too late for some TRIBUTE TO POLICE CHIEF fuel, herbicide, and pilots to spray coca who were exposed—that it was not. MICHAEL SCHIRLING fields in Colombia. When this first And, of course, there have been times Mr. LEAHY. Mr. President, it is with began we were told that in 5 years the when companies knew of the risk and great appreciation and a touch of sad- spraying, along with billions of dollars chose to either ignore it or cover it up, ness that I note the pending retirement in U.S. military and other aid, would motivated by profit over the welfare of of Michael Schirling, who has served as cut by half the flow of cocaine coming the public. police chief of the city of Burlington, to the United States. It is for these reasons that I have in- VT, with great distinction for the last Fifteen years later, that goal re- cluded a provision in the annual De- 7 years. mains elusive. While the cultivation of partment of State and foreign oper- His youthful appearance belies the coca has been reduced, aerial fumiga- ations appropriations bill that requires fact that Chief Schirling has been with tion was never the solution to this the Secretary of State to certify that the department for more than 25 years, problem. It is prohibitively expensive ‘‘the herbicides do not pose unreason- first serving as an auxiliary officer and unsustainable by the Government able risks or adverse effects to humans, while still attending the University of of Colombia. It also defies common including pregnant women and chil- Vermont. sense. One Colombian official told me dren, or the environment, including en- Chief Schirling has held many titles the cost of aerial fumigation is ap- demic species.’’ Each year, the Sec- over those years: patrol officer, detec- proximately $7,000 per hectare, while retary has made the certification. tive, investigator, director, com- the cost to purchase the coca produced The IARC study changes things. Al- mander, deputy chief, and finally chief. in one hectare is $400. In other words, though glyphosate remains controver- In other words, this Burlington native for one-fifteenth the cost of aerial fu- sial and Monsanto points out that the rose through the ranks. And through- migation you could buy the coca and IARC study is not based on new field out this impressive career, Chief burn it. research, President Santos has re- Schirling has always sought a better The process also ignores the reality sponded in the only responsible way way to do the job. of rural Colombia where most coca unless further research definitively Earlier in his career, he co-founded farmers are impoverished and have no contradicts it. It would simply be un- the Vermont Internet Crimes Against comparable means of earning income. conscionable for the Government of Co- Children Task Force, which recognized Absent viable economic alternatives lombia to ignore a study by the World the potential for abuse as the Internet they resort to the dangerous business Health Organization that a chemical came of age. The task force has been of growing coca, often at the behest of sprayed over inhabited areas is poten- critical to the investigation and pros- the FARC rebels or other armed tially carcinogenic. ecution of high-technology crimes that groups. I commend President Santos for this target those who are most vulnerable. The active ingredient in the herbi- decision. I am sure it was not an easy After he took reins of the depart- cide used in the fumigation is one, as it will inevitably be blamed for ment, Chief Schirling grew concerned glyphosate, a common weed killer. It is increases in coca cultivation. But any- that officers were spending too much used by farmers and gardeners in the one who thinks that spraying chemi- time on paperwork and data entry, United States and other countries, in- cals from the air is a solution to the il- taking precious time away from polic- cluding Colombia. legal drug trade is deluding them- ing. In response he designed his own But controversy has plagued the aer- selves. It is enormously expensive and dispatch and records management soft- ial fumigation since its inception. It is not something U.S. taxpayers can or ware system. The Valcour system—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.149 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE May 20, 2015 named after an island with historical This monument serves as a reminder what he was getting into when he mar- significance on Lake Champlain—was to all of us that it is our job to envi- ried a soldier. He has had to deal with launched in 2011. Not only has it proven sion and create a more just and equal the early mornings, late nights, and more efficient, it has resulted in enor- nation where there are no prerequisites long weeks of her being away from mous cost savings for his department to serve your country. All of our home all while taking care of their 15- and others throughout Vermont that servicemembers join the military to year-old son Ke’cy and making certain have since adopted it. serve America and make the world a he gets to school, practice and all his But perhaps most important, Chief better place. We must honor that serv- other events while Master Sergeant Schirling has been a leader in under- ice by making sure we continue to up- Hayes travels out-of-State for training. standing the importance of community hold those values of equality and jus- He also makes sure the family pets are policing. He stepped up foot patrols tice at home that they have fought for well cared for all while maintaining a around the neighborhoods, stressing abroad. traveling choir of over 30 children. the importance of public engagement. f Master Sergeant Hayes shared with He hosted community outreach events, me: including barbeques and monthly cof- COMMEMORATING NORTH CARO- He makes it look easy. My husband’s sup- fee sessions. He developed data-driven LINA’S VETERANS AND port of the past year has made serving a policing efforts to track the hot spots SERVICEMEMBERS whole lot less stressful. I am very thankful for crime. He implemented a street Mr. BURR. Mr. President, this Me- for his love and support. He is my hero. outreach program in coordination with morial Day weekend is the 56th anni- Thank you Cedric for your commitment. the local mental health agency. The versary of Charlotte Motor Speedway’s Naomi Howard is familiar with mili- list goes on, but it is fair to say that annual tribute that brings together tary life as the daughter of CW4 Arthur the work of Chief Schirling will leave more than 110,000 guests to celebrate Troy. The military also paved the way its mark on our State’s largest city for our military patriots and reflect on for her love connection to her husband many years to come. Chief Schirling their service and sacrifice. This event SFC James Howard. The couple met recognized the value of 21st century po- has remained one of the largest mili- after James attended the Employer licing long before we heard the term. tary recognition initiatives on Memo- Support of the Guard and Reserve, For these reasons, I have often called rial Day weekend for more than five ESGR, briefing given by Naomi upon on Chief Schirling to share his experi- decades, honoring members of our his return from deployment to Egypt. ence and ideas in testimony before the armed services, veterans, Medal of The couple spent the first 14 months of Senate Judiciary Committee. His guid- Honor recipients, and remembering our their marriage apart while James was ance on issues of critical importance, fallen. This year’s celebration con- deployed with the HHC 39th IBCT to including his support for the Bullet- tinues their longstanding tribute by Iraq. proof Vest Partnership Program, has showcasing military aircraft in a patri- In 2004, the couple settled into a rou- been invaluable over these years. otic flyover, infantry and artillery ex- tine life in Cabot, AR, with James serv- Chief Schirling and the Burlington hibits, ground demonstrations of our ing on Active Guard/Reserve duty, and Police Department recently marked Nation’s military strength, and a 21- Naomi working as a civilian at the Na- the 150th anniversary of the depart- gun salute to our fallen. tional Guard Bureau Professional Edu- ment, and I was grateful to be a part of Our servicemembers courageously cation Center. In 2007, James deployed that celebration. As he prepares for re- stand between America and those who to Iraq again and was away from home tirement, I have no doubt there is an- would do us harm, volunteering to for more than 1 year. James told me: other chapter for Chief Schirling still make the ultimate sacrifice to preserve During this time Naomi did an amazing job to be written. I will eagerly await his freedom. I commend all of those in the raising four young children on her own. Since then, Naomi has continued working at next move. racing community for their continued f the National Guard Bureau’s Professional support and annual tribute to our men Education Center and supporting me in my LGBT VETERANS MONUMENT AT and women in uniform. continued military service. Being in the LINCOLN NATIONAL CEMETERY f military requires long hours and time away Mr. DURBIN. Mr. President, this Me- from home, yet my wife has continued to RECOGNIZING HOMEFRONT support me, more than I could have ever morial Day weekend, as our country HEROES imagined. remembers and honors those who have Mr. BOOZMAN. Mr. President, May Not only is she a strong support for served America, a national cemetery in is recognized as National Military Ap- her husband and children, but she is Elwood, IL, will make a distinguished preciation Month. In addition to a time doing this all while working and at- mark on our Nation’s history. Lincoln when we honor the men and women tending college as a full-time student. National Cemetery will become home who wear our Nation’s uniform, we She was named to the Central Baptist to the Nation’s first monument hon- must also remember our military fami- College President’s List for Fall 2014 oring fallen Lesbian, Gay, Bisexual, lies who make tremendous sacrifices. for maintaining a 4.0 GPA. ‘‘She and Transgender, LGBT, veterans. These husbands and wives support A recognition of our fallen LGBT juggles more than I could ever imagine our troops at home, during training service members is long overdue. This and she excels at doing so,’’ James missions and deployments. Military monument serves as a testament to said. spouses are essential to the wellbeing Wanda Thomen has been married for those members of our military who of our service members and the 28 years to Deputy Commander CPT have shown devotion to their country strength of our national defense. We Rex Thomen of the 61st CST/WMD and in the eyes of discrimination. It is in honor them with a special day hon- is a mother of two children, Myranda their memory that we move toward a oring their role—National Military and Phelan. Wanda served as an active more just and equal future. The monument comes nearly 4 years Spouse Appreciation Day. duty airman and was honorably dis- after the repeal of Don’t Ask Don’t Arkansas is home to thousands of charged in March 1998. Her prior serv- Tell. With repeal, our country took a military personnel. Their spouses are ice experience helps her to understand step to move past the prejudices of the the homefront heroes who serve our both sides, as a servicemember and as a past and toward a day when all Ameri- country out of uniform. I asked Arkan- spouse. She previously served as presi- cans can serve the country with hon- sans to share the roles their spouses dent of the Auxiliary of the National esty and pride. This monument recog- play in their military career. I want to Guard Association of Arkansas whose nizes that service with a fitting dedica- highlight some of the ways Arkansas motto is ‘‘The Other Half.’’ She also tion that reads: National Guard spouses support their worked as the 39th Infantry Brigade partners’ call to service. Combat Team Family Readiness Sup- Gay, lesbian, bisexual and transgender peo- ple have served honorably and admirably in MSG Tracy Onassis Hayes and her port assistant. She has been supportive America’s Armed Forces. In their memory husband, Cedric, have been married during deployments, injuries, illness, and appreciation of their selfless service and just over 1 year. Master Sergeant and everyday activities as her husband sacrifice this monument was dedicated. Hayes says her husband had no idea continues his military career and

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.050 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3177 Wanda continues to give back to the mons, Bluefield, Vietnam war; Ser- ington, DC to begin her career. She troops and their families. geant Fred R. Smith, Hurricane, Viet- first worked for the Senate Banking, Thank you to Cedric, Naomi, Wanda, nam war; Sergeant Marshall G. Mann, Housing, and Urban Affairs Committee and all of our military spouses for your Princeton, Vietnam war; Sergeant and then moved to the Senate Armed support at home while your loved one James R. Bond, Midway, Vietnam war; Services Committee. While working for is away defending our Nation. We Senior Airman Allan D. Harbour, the Armed Services Committee, Karen thank you for your dedication and Princeton, Vietnam war; Sergeant had the privilege to work for chairmen commitment to our Armed Forces, First Class Andrew J. Thompson, Blue- on both sides of the aisle including your family and extended military field, Vietnam war; Captain Charles H. John Stennis, John Tower, Barry Gold- family. Mann, Athens, Vietnam war; Seaman water, and Sam Nunn. f Thomas E. Caruso, Lashmeet, Vietnam After 8 years as a staffer on Capitol war; Sergeant Gordon L. Caldwell, Jr., Hill, Karen joined the Office of the As- HONORING WEST VIRGINIA Bluefield, Vietnam war; Lance Cor- sistant Secretary of Defense for Legis- VETERANS poral Ricky D. Williams, Beckley, lative Affairs, OASD LA. She subse- Mrs. CAPITO. Mr. President, I wish Vietnam war; Senior Airman Mary quently served as the personal and con- to welcome some of West Virginia’s Byrd, Nitro, Vietnam war; Corporal fidential assistant to six successive most outstanding citizens to Wash- Johnny L. Sanson, Cyclone, Vietnam OASD LAs. As a result of her tenure in ington. This week, as part of the fifth war; Sergeant Dennis C. Hurley, Cy- OASD LA, Karen was one of few DOD annual Always Free Honor Flight Pro- clone, Vietnam war; Corporal William employees with significant institu- gram, we will recognize veterans from Cox, Bluefield, Vietnam war; and Cor- tional knowledge of both DOD and Con- my home State for their dedicated poral William L. Harry, Butler, TN, gress. commitment to our country. In light of Korean war. Because of her unique expertise, West Virginia’s proud tradition of mili- Veterans participating in the Honor Karen was promoted to the position of tary service, it gives me great pleasure Flight as ‘‘guardians’’ include Com- Deputy for Legislative Operations in to honor these brave men and women mand Sergeant Major Kevin L. Harry OASD LA, managing congressional who answered the call of duty during from Milton; Sergeant First Class committees’ questions and inserts for America’s hour of need. Mark A. Harry from St. Albans, and the RECORD, the congressional report- Since its inception, the Always Free Specialist Selena K. Barker of Milton. ing requirements, and the legislative Honor Flight Program has taken up These men and women are voluntarily appeals process for DOD. Karen’s last the important task of thanking those dedicating their time to helping ensure position with DOD was as the Deputy to which we owe our deepest gratitude. that our veterans receive the thank- Director for Operations for the OASD As the daughter of a World War II vet- you they deserve. LA, where she was instrumental in the eran, this is something very near and A great debt of gratitude is also owed oversight of the office’s operations in dear to my heart. This year, we are to Dreama Denver, president of the support of the DOD’s legislative mis- joined by 29 Vietnam, Korea and World Denver Foundation and Little Buddy sion and was a critical participant in War II veterans from all across south- Radio. These nonprofit organizations, the legislative affairs consolidation ef- ern West Virginia. which were founded by Dreama and her fort directed by the Deputy Secretary These brave patriots sacrificed the husband, Bob Denver, established the of Defense. comforts of home to defend the cause Always Free Honor Flight Network in During Karen’s distinguished career of freedom in a foreign land. The perse- West Virginia. of over 28 years with DOD, she sup- verance of our soldiers during these I am so proud of the service and sense ported eight Assistant Secretaries of conflicts cannot be overstated. These of duty that defines the American peo- Defense for Legislative Affairs and individuals embody the extraordinary ple. As the beneficiaries of that serv- served under eleven Secretaries of De- sacrifice exhibited by our service men ice, one of the most sacred tasks we fense. and women throughout the greatest hold is properly honoring the dedica- I am honored to recognize and thank conflicts of the 20th century. tion of our veterans. In bringing them Karen for her dedicated Federal service One veteran on this year’s trip, SGT together with the symbols of their sac- to the country and wish her the best as John M. Watson, Jr., who served with rifice, we can express our unyielding she begins the next chapter of her life. the renowned Tuskegee Airmen, will be gratitude while demonstrating our honored with the Congressional Gold lasting commitment to preserving f Medal for his service during World War their memory. One of the greatest hon- II. SOUTH BEND, INDIANA 150TH ors of serving in the United States Sen- ANNIVERSARY In addition to Sergeant Watson, West ate is representing citizens who have Virginia veterans participating in this given so much to their country. I take Mr. DONNELLY. Mr. President, I year’s Always Free Honor Flight Pro- seriously the duty of ensuring that wish to honor the city of South Bend gram include Joseph F. Graham, Blue- their sacrifice is honored with the on its 150th anniversary and to recog- field, WWII; Staff Sergeant Robert Gra- same steadfast conviction with which nize the many contributions of South ham, Hinton, WWII and Korean war; they defended the rights and freedoms Bend’s citizens to the great State of In- First Sergeant Melvin L. Grubb, Blue- of every American. Today, I ask my diana, to our country and the world. field, WWII and Korean war; Staff Ser- colleagues to join me in welcoming and South Bend’s history stretches back geant Robert G. Kushner, Charleston, thanking these exceptional West Vir- to the 1600s, when the St. Joseph Pota- Korean war; Airman First Class Her- ginia veterans. watomi settled along the future St. Jo- bert R. Dickerson, Beckley, Korean seph River. European settlers estab- f war; Corporal Billy G. Cooper, Milton, lished fur trading posts in the early Korean war; Corporal James W. Ben- RECOGNIZING KAREN LOVE 19th century. Soon after, Father Ed- nett, Charleston, Korean war; Richard Mr. PORTMAN. Mr. President, I wish ward Sorin arrived and founded the L. Graham, Beckley Korean war; Petty to recognize Karen A. Love upon her University of Notre Dame. Less than a Officer Second Class William B. Sow- retirement from the Department of De- decade later, in 1851, the first train ers, Princeton, Korean war; Petty Offi- fense, DOD, after over 36 years in civil passed through South Bend and devel- cer Third Class Charles E. Turley, service. opment and economic growth soon fol- Scott Depot, Korean war; Colonel Jack Karen was born in Greenville, OH and lowed. The town of South Bend became E. Fincham, Brenton, Vietnam war; later moved to Ansonia, OH. She spent the city of South Bend on May 22, 1865, Sergeant Philip Templeton, Milton, most of her formative years in Celina, when it was granted a city charter. Vietnam war; Petty Officer Second where she attended the Immaculate The city of South Bend quickly be- Class John W. Fleming, Princeton, Conception School, Celina Junior High came a manufacturing leader and con- Vietnam war; Master Sergeant Edward School and Celina High School. tinues to innovate to this day. In 1852, F. Simmons, Bluefield, Vietnam war; After graduating magna cum laude Henry and Clement Studebaker opened Airman Second Class Nancy J. Sim- from college, Karen moved to Wash- the H&C Studebaker blacksmith shop.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.136 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE May 20, 2015 After the Studebakers’ younger broth- active participant in the civil rights ous hiking and biking trails, as well as ers joined them, they became the Stu- movement, working hard to both inte- access to countless outdoor activities debaker Brothers Manufacturing Com- grate schools and increase their fund- including canoeing, kayaking and cross pany. Studebaker became the world’s ing across the entire country. country skiing. largest wagon and buggy manufacturer Today, I also congratulate the cur- The town’s population has grown to and then entered the automotive indus- rent leaders of South Bend: mayor Pete over 5,500 residents, but their record of try. The company had some famous Buttigieg, the members of the South service is indicative of a much larger customers, such as Thomas Edison, Bend Common Council, and all of the town. The people of Hopkinton have a who purchased the second Studebaker other hardworking city officials for strong commitment to the spirit of electric car in 1902. The Studebaker their many contributions to making community and volunteerism, as evi- Corporation would go on to bring op- this ‘‘21st Century City’’ the thriving denced by the hard work and dedica- portunity and hundreds of jobs to fami- city it is today. tion of its residents involved with the lies across northern Indiana. The city of South Bend reflects our planning and celebration of the 100th As business boomed for the Stude- Hoosier values, and its citizens serve as anniversary of the renowned baker Corporation, new businesses an example of how hard work and dedi- Hopkinton State Fair this coming Sep- opened and South Bend grew. In the cation lead to success, opportunity, tember and the town’s special early 1900s, the Bendix Corporation, and prosperity. I came to South Bend sestercentennial anniversary. Honeywell, the South Bend Toy Com- as a student in 1972. I was privileged to Hopkinton and its residents have pany, AlliedSignal, and other well- have met my wife and raised our fam- greatly contributed to the life and known companies opened their doors. ily here. And today, we continue to call growth of New Hampshire. I ask my Like many communities across the the South Bend community our home. colleagues to join me today in extend- country, South Bend changed with the It is also a great honor to represent ing congratulations to the people of times. Companies, like Studebaker, the city of South Bend in the Senate. Hopkinton as they celebrate the town’s were forced to close their doors, but On behalf of the State of Indiana, I 250th anniversary.∑ the innovative spirit of South Bend congratulate each and every citizen of f carried on. Now, South Bend is taking South Bend on the city’s 150th anniver- TRIBUTE TO DIANE its manufacturing roots in a new direc- sary and wish you an equally bright JUERGENSMEYER tion, creating a high-tech hub in north- and prosperous future. ∑ Mr. BLUNT. Mr. President, I wish to ern Indiana. Transforming old factory f grounds into the high-tech Ignition honor Diane Juergensmeyer of St. Eliz- Park, the city has opened its doors to ADDITIONAL STATEMENTS abeth, MO, for her dedication and serv- data centers and turbomachinery re- ice to St. Elizabeth High School, her community, and the entire State of search. There are many exciting entre- HOPKINTON, NEW HAMPSHIRE Missouri. From 1980 through 2010, preneurial efforts that will continue to 250TH ANNIVERSARY create jobs and opportunities for South Juergensmeyer coached St. Elizabeth Bend residents. ∑ Ms. AYOTTE. Mr. President, today I High School’s women’s softball team to Today, South Bend is one of the larg- honor Hopkinton, NH—a town in 489 victories, including 358 fall cham- est cities in Indiana and has a popu- Merrimack County that is celebrating pionship wins, while also teaching lation of more than 100,000 citizens. the 250th anniversary of its founding. I reading skills, English, speech, and The city is not only critical to Indi- am proud to join citizens across the drama in the classroom. ana’s economy but also a top destina- Granite State in recognizing this spe- Overall, the St. Elizabeth Lady Hor- tion for visitors to our State. Top at- cial milestone. nets won eight conference titles under tractions in the South Bend area in- Hopkinton, previously known as New her leadership, not to mention three clude Potawatomi Park Zoo, the Stu- Hopkinton by the original settlers Class 1 State championship titles in debaker National Museum, South Bend from Hopkinton, MA, was incorporated 1992, 1994, and 2002, and another as an Chocolate Company, and the nearby in 1765 by colonial Governor Benning assistant in 2011. University of Notre Dame. Wentworth, and included the three As the daughter of Leonard and A center of world-renowned academic communities of Hopkinton, Marie Schanzmeyer, Juergensmeyer excellence, the University of Notre Contoocook Village, and West grew up in a large family on a farm Dame grew from a small school for Hopkinton. As a centrally located where a fundamental respect for hard boys founded by Father Sorin in 1842 to town, Hopkinton gained an influential work and competition were instilled in one of the most prestigious universities reputation. Its farms thrived on fertile her at a young age. She played on St. in the country. With excellent aca- land fed by local bodies of water and Elizabeth’s first softball team and has demic and athletic programs, Notre businesses continued to prosper as remained a key contributor to the Dame attracts students from around State leaders and prominent business growth of the sport’s popularity as it is the Nation and about 90 different coun- owners moved to the area to be closer seen in Missouri today. tries. Important to our South Bend to the center of activity. After graduating from St. Elizabeth community, the university is the As the town’s influence grew, it came High School in 1976, she attended Cen- area’s largest employer and an active to be known as one of the most power- tral Missouri University. Shortly after member of the community. Our com- ful locations in the State. Coinciden- graduating from Central Missouri Uni- munity is home to other outstanding tally, the New Hampshire Legislature versity, she returned to her local high higher education institutions, includ- met in Hopkinton four times during school to coach, teach, and even drive ing, St. Mary’s College, Holy Cross Col- the years of 1798 to 1807. The civic- the bus. Her dedication to her commu- lege and Indiana University at South minded residents of the town later pe- nity has remained constant and has re- Bend, which draw the best and bright- titioned for Hopkinton to become the mained a force in her efforts to make est students from across the State. State’s capital city, but the neigh- the St. Elizabeth Lady Hornets the re- The city of South Bend also has a boring town of Concord eventually won spected softball program that it is long history of outstanding public serv- the bid in 1814 and now houses the New today. ants. Vice President Schuyler Colfax Hampshire Legislature. In addition to her coaching and was a South Bend native, serving as Hopkinton is home to two historic teaching careers, Juergensmeyer Congressman, then Speaker of the covered bridges, including the Rowell’s served on the Missouri Softball Advi- House during the Civil War, and finally Bridge that was built in 1835 and the sory Committee for 8 years and the Na- as Vice President to Ulysses S. Grant. Contoocook Railroad Bridge that spans tional Federation Softball rules com- Former Indiana Governor Joe Kernan the beautiful Contoocook River and is mittee for 4 years. She was also named once led the city as mayor and con- the oldest covered bridge of its kind in the 115th District’s Outstanding Mis- tinues to call South Bend home. existence. With 1290 acres of protected sourian in 2004. Former Congressman John Brademas, land, Hopkinton is rich in natural Diane Juergensmeyer has played a a South Bend Central graduate, was an beauty with sprawling forests, numer- major role in the success of the Lady

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.059 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3179 Hornets and the St. Elizabeth commu- I ask my colleagues to join me in ex- ecutive, senior, and emerging leader nity, and her legacy will continue to pressing sincere appreciation and con- training modules, is aimed at inspiring impact future generations through the gratulations to Mr. Daniels for his the next generation of business and foundations she helped put in place, so many contributions and accomplish- civic leaders in Montgomery County her induction into the Missouri Sports ments throughout his distinguished ca- and beyond. Above all, Leadership Hall of Fame comes as no surprise. I reer.∑ Montgomery strives to establish a congratulate Coach Juergensmeyer on f more inclusive management commu- her many successes and wish her the nity, comprised of leaders of diverse CONGRATULATING ESTHER B. best in her future endeavors.∑ backgrounds and perspectives. NEWMAN f In the 26 years since its founding, ∑ Mr. CARDIN. Mr. President, I wish to Leadership Montgomery has enriched RECOGNIZING ROD DANIELS recognize Esther B. Newman, the and educated more than 2,000 grad- ∑ Mr. CARDIN. Mr. President, I wish to founder and chief executive officer of uates. The success of this mission is re- recognize WBAL-TV 11 anchorman Rod Leadership Montgomery, a not-for- flected in the program’s accomplished Daniels for his career of journalistic profit community organization dedi- alumni, with local Board of Education service to the residents of the Greater cated to public service and manage- members, Circuit Court judges, mem- Baltimore area. Mr. Daniels has been a ment training in Montgomery County, bers of both the Maryland Senate and trusted voice on WBAL-TV 11 for more MD. Mrs. Newman’s vision of compas- House of Delegates, and Montgomery than 30 years, and his steady and color- sionate outreach, effective and inspira- County Councilmembers among them. ful reporting has remained consistent tional leadership, and community im- Throughout her career in public life, and creative throughout that time. On provement have long nurtured the peo- Esther Newman has also helped to the occasion of his final nightly broad- ple of Montgomery County, effecting raise more than $5 million in contribu- cast, which will occur this Friday, I positive change for nearly 40 years. tions for scholarships and programs, in would like to thank Mr. Daniels both Ms. Newman was born and raised in addition to nearly $3 million of in-kind for his years of service and his dedica- Washington, DC. She began her sec- donations. For her unparalleled com- tion to bringing viewers the nightly ondary education while balancing the mitment to service, generosity, and news with a regular measure of hope. responsibilities of motherhood. She tireless devotion to the betterment of At the time of his retirement, Mr. graduated from Montgomery College, Montgomery County, she has been rec- Daniels will have distinguished himself one of Maryland’s premier community ognized with numerous accolades, in- as the longest continually serving colleges, with an associate’s degree in cluding Jewish Women International’s nightly news anchor in the Baltimore mental health in 1975. She later earned Women to Watch Community Leader- media market, no small accomplish- a B.A. in human service administration ship Award in 2011, the Corporate Vol- ment against the backdrop of industry- from Antioch University and an M.S. unteer Council President’s Award in wide newsroom downsizing that has in applied behavioral science from 2009, the Victims’ Rights Foundation’s characterized the media business dur- Johns Hopkins University. Game Changer Award in 2014, and an ing much of his career. Mr. Daniels The foundations of Ms. Newman’s honorary degree in public service from came to Baltimore in 1984 and has been legacy of public service were estab- her alma mater Montgomery College in there for the city through tragedies lished shortly after her graduation 2002. like the 9/11 attacks and all-too-recent from Montgomery College when she es- Ms. Newman will be retiring from her riots following the death of Freddie tablished the Family Life Center of position as director of Leadership Gray. His exclusive coverage when the Montgomery County in 1976, where she Montgomery in September, after more Roman Catholic Church elevated Balti- served as director until 1979. She then than a quarter-century of education more archbishops to its College of Car- transitioned into work at Olney, MD’s and guidance. Her compassionate spir- dinals rightly garnered national Montgomery General Hospital as a it, inspirational leadership, and unwav- awards. So it was no surprise, then, public relations consultant, simulta- ering devotion to civic improvement that Baltimore turned to Mr. Daniels neously contributing to the local Cou- have long inspired the greater Mont- when it was time to host the welcome rier-Gazette newspapers as a commu- gomery County community. Many of celebration for Pope John Paul II at nity correspondent and serving as an the people Ms. Newman have touched Camden Yards, an enormous com- officer on the Upper Montgomery Com- have taken the lessons that they have pliment and honor. munity Mental Health Center Citizens learned at Leadership Montgomery Throughout his career, Mr. Daniels Advisory Committee. into business and government. Though has shown an ongoing commitment to Throughout the 1980s, Ms. Newman she will soon step down as a director, I craft, charity, and community. He has continued to serve in an extensive ca- have no doubt that Ms. Newman will spent countless hours speaking to pacity across Montgomery County, en- continue to be involved in the commu- school groups, serving on the boards of compassing a diverse portfolio of nity and will continue to inspire others organizations like the National Aquar- health care focused outreach, volunteer to enter leadership roles. I ask my col- ium in Baltimore, and hosting events service, and civic leadership positions. leagues to join me is wishing her all to battle deadly diseases like cystic fi- In 1981, Ms. Newman joined the Olney the best for a restful and fulfilling brosis and cancer. Mr. Daniels even has Chamber of Commerce and became a retirement.∑ taken the Polar Bear Plunge into the board member in 1984. By 1983, she had f frigid waters of the Chesapeake Bay to moved into a leadership role as the pro- help a worthy cause, while finding the gram director of the YWCA of Mont- TRIBUTE TO DAVID G. BAKERIAN time to film public service announce- gomery County and later joined the ∑ Mr. CARPER. Mr. President, it is ments against animal cruelty. Montgomery County Chamber of Com- with great pleasure that I rise on be- Mr. Daniels began his career as a merce, where she held the role of exec- half of the Delaware delegation to weekend sports anchor at WIS-TV in utive director from 1986 through 1988. honor the service of David G. Bakerian Columbia, SC. He then moved to As the decade drew to a close, Ms. upon his retirement as president, CEO WTAE-TV in Pittsburgh as a weekend Newman drew on her years of public and treasurer of the Delaware Bankers anchor and reporter, and then moved service and leadership experience and Association. David has dedicated the to WISN-TV in Milwaukee. Mr. Daniels formulated a curriculum of manage- past 22 years of his life to helping lead is an alumnus of William Patterson ment training retreats, lectures, and the banking industry and keeping it University in Wayne, NJ, and received educational guidelines. She worked alive and thriving in Delaware for the the Legacy Award for Distinguished with the late Larry Pignone of the countless people it employs and serves. Alumni from the William Patterson United Way to establish Leadership As president of the Delaware Bankers University Foundation in 2011. He also Montgomery in 1989, where she has Association, David’s priority has been has completed enrichment programs served as director ever since. The core to ensure that a significant part of through the Community Film Work- program of Leadership Montgomery, America’s banking industry—one of shop Council. which incorporates youth, business ex- Delaware’s top employers—maintained

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.053 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3180 CONGRESSIONAL RECORD — SENATE May 20, 2015 its home in in the First State and con- munity but the education community Ms. Verhelst was chosen in February tinues to thrive while serving cus- and the community writ large. I am de- by the Nevada State Society to rep- tomers in the First State and around lighted to salute David and thank him resent Nevada in the National Con- the world. Tens of thousands of Dela- for his many years of service to Dela- ference of State Societies and the wareans rely on the good jobs that our ware and to congratulate him on a Cherry Blossom Princess Program. Ne- State’s financial services provide, jobs truly remarkable and distinguished ca- vada is proud to support one of our own that have enhanced the lives of many. reer. I know he looks forward to spend- as she joins young women from across Dave is known for being honest, and ing more time with his grandchildren the Nation in community involvement even if someone didn’t always like the in his garden and refining his culinary and educational, leadership, and cul- answer, they respected him for doing skills in the kitchen. In closing, on be- tural activities throughout the year. In the right thing, not what was easy or half of the people of Delaware, as well April, she was selected as U.S. Cherry expedient. He also is admired for his as on behalf of Senator COONS and Con- Blossom Queen at the Official Cherry positive, can-do attitude regardless of gressman CARNEY, I want to wish David Blossom Grand Ball and Coronation of the magnitude of the challenges he and and his wife Pam, his son Nick, and his the United States Cherry Blossom the members of the Delaware Bankers daughters Alex and Catherine, along Queen, a tradition that began in 1948. Association have faced over the years. with his son-in-law Jeff and his grand- As U.S. Cherry Blossom Queen, Ms. Over more than two decades, David children Adam and Madeline, the very Verhelst will have the opportunity to has worked with three Governors and best in all that lies ahead.∑ represent both the Silver State and the testified before and advised 11 separate f United States while she visits the Delaware General Assemblies on a vari- Japan Prime Minister, Shinzo Abe, ety of banking legislative matters, in- TRIBUTE TO DEBORAH BLONG during her official United States Cher- cluding credit cards, trust administra- ∑ Mr. DAINES. Mr. President, I wish to ry Blossom Queen Goodwill Ambas- tion, interstate banking and branching, commend Deborah Blong from Mis- sador trip in May. foreclosure mediation, and consumer soula, MT, who was recently recognized I am proud to recognize Ms. Verhelst protection. In 2001, David led the Dela- as the recipient of the American Net- on her excellent representation of Ne- ware Bankers Association in a coopera- work of Community Options and Re- vada in her role as Nevada Cherry Blos- tive venture with the University of sources 2015 Direct Support Profes- som Princess and U.S. Cherry Blossom Delaware’s Center for Economic Edu- sional, DSP, of the Year Award for the Queen. She should be proud of her cation and Entrepreneurship, the Fed- State of Montana. achievements. eral Reserve Bank of Philadelphia, and This award recognizes Ms. Blong’s I join the citizens of Nevada in con- the Consumer Credit Counseling Serv- dedication and hard work every day in gratulating Ms. Verhelst on her accom- ices of Delaware and Maryland to form her efforts to support members of the plishment and wish her all the best Keys to Financial Success, a high Montana community with intellectual, during her United States Cherry Blos- school credit course focusing on finan- developmental, and other significant som Queen Goodwill Ambassador trip ∑ cial literacy. The program is still of- disabilities. Ms. Blong’s selflessness is and in all of her future endeavors. fered today in 28 high schools in Dela- clear. In addition to taking care of her f ware with more than 4,200 students par- husband who suffers from Parkinson’s disease, she manages a home with eight CONGRATULATING DR. COLLEEN ticipating. In 2004, David was elected to CRIPPS a 1-year chairmanship of the State As- residents—four have Prader-Willi syn- drome and three others struggle with ∑ Mr. HELLER. Mr. President, today, I sociation Division of the American wish to congratulate Dr. Colleen Cripps Bankers Association. In this role, he chronic obstructive pulmonary disease. She works 14-hour days, often 6 to 7 on her retirement after serving the became the national spokesperson for days a week. great State of Nevada for 25 years with the 50 State bankers associations and Deborah Blong makes a difference the Nevada Division of Environmental held a seat on the American Bankers each and every day for those whom she Protection, NDEP. It gives me great Association board of directors. He is cares for. For 20 years, Ms. Blong has pleasure to recognize her years of hard the only Delawarean ever to serve in been a positive influence on those work and commitment to making the this national leadership role. His serv- around her. For her efforts, Ms. Blong Silver State the best it can be. ice in that role is a source of pride to has earned the thanks of a grateful Dr. Cripps stands as a true example our State. State.∑ of someone who has spent many years While David is passionate about f dedicated to her home State. She was banking, he actually began his career born in Ely, NV, and she received her in education and studied to become a CONGRATULATING NOELLE master of arts in public administration college professor. He possesses a re- VERHELST and her doctor of philosophy in bio- markable ability to write clearly and ∑ Mr. HELLER. Mr. President, today, I chemistry from the University of Ne- communicate effectively. Those skills wish to congratulate Noelle Verhelst vada, Reno. Throughout her career have helped him go on to such a suc- on being selected not only as Nevada’s with NDEP, Dr. Cripps served as chief cessful career in banking, in part be- Cherry Blossom Princess for the 2015 of the Bureau of Air Quality; deputy cause of his ability to explain highly Centennial Cherry Blossom Festival in administrator, responsible for the complex issues to almost anyone and Washington, DC, but also on being se- agency’s Air, Waste, and Federal Fa- everyone. His passion for education can lected as U.S. Cherry Blossom Queen. cilities Bureau; and acting adminis- be seen in his own academic achieve- Ms. Verhelst is the first Nevada Cherry trator and administrator of NDEP. Her ments. After receiving his bachelor’s Blossom Princess to be selected as U.S. positive legacy in the department will degree from Siena College in New Cherry Blossom Queen, a well-deserved be felt for years to come. York, he went on to receive a master’s accolade. Dr. Cripps’ commitment to her cause degree from the University of West Ms. Verhelst is a shining example of goes beyond her career. She served on Florida and a postgraduate certificate someone who truly cherishes the Silver numerous industry-related boards, in higher education administration State. She was raised in Las Vegas and such as the National Association of from the University of Pennsylvania. attended the University of Nevada, Las Clean Air Agencies, NACAA’s, execu- Prior to his appointment at the Dela- Vegas, receiving her bachelor’s degree tive board from 2003 to 2009, serving as ware Bankers Association, he served as in political science. Prior to moving to president, and the Western States Air executive director of the Delaware Washington, DC, she worked in Gov- Resources Council’s board, serving on Chapter of the American Institute of ernor Brian Sandoval’s Office of Eco- the executive committee and as vice Banking. He began his tenure at Dela- nomic Development. She currently president. She also represented Nevada ware AIB in 1985 and oversaw the edu- works for Congressman JOE HECK (NV– in the Western Regional Air Partner- cational unit. 3) as a legislative correspondent. Her ship and was one of Nevada’s observers Through his tireless efforts, David dedication and service to the great in the Western Climate Initiative. Her Bakerian has made a positive dif- State of Nevada are greatly appre- years of service to the Silver State are ference in not only the banking com- ciated. invaluable.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.079 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3181 I am grateful for her dedication to Nushagak River, an inlet of Alaska’s Powder River Training Complex one of the people of Nevada. She exemplifies Bristol Bay. his top priorities, and he assured me the highest standards of leadership and Bobby was seen as a leader by many that this airspace expansion would be service and should be proud of her long Native and non-Native Alaskans. At a completed under his watch. This was and meaningful career. Today, I ask all young age Bobby attended territorial not a pledge he took lightly. Be it em- of my colleagues to join me in con- and BIA schools in Southwest Alaska phasizing the need for this airspace gratulating Dr. Cripps on her retire- and then went off to Ohio to earn an within the Air Force hierarchy or driv- ment, and I give my deepest apprecia- accounting degree from Dyke Spen- ing out to Montana to meet with Na- tion for all that she has done to make cerian Business College, now known as tive American tribal leaders, Colonel Nevada a better place. I offer her my Chancellor University in Cleveland. He Kennedy was willing to go the extra best wishes for many fulfilling years to then returned home to bring his edu- mile to bring this airspace home. come.∑ cation back to Alaska. As a result of his efforts, in January f Bobby was a lifelong subsistence hun- of this year the Air Force signed the ter and fisherman who was respected Record of Decision for the Powder TRIBUTE TO JOE LOMBARDO by many across the State. He taught River Training Complex expansion, ∑ Mr. ISAKSON. Mr. President, it is an many of the importance of traditional which was approved by the FAA a few honor today to personally recognize knowledge and passing along impor- months later. Once this airspace is Mr. Joe Lombardo, who will soon retire tant Alaska Native values. charted and operational, Ellsworth Air from Gulfstream Aerospace in Savan- Bobby was a known advocate for land Force Base will save up to $23 million nah, GA for his significant contribu- and water protection in Alaska. As a a year by being able to train closer to tions to the aviation industry. His fore- writer and public speaker Bobby took home. In addition, other aircraft from thought, leadership, and commitment his advocacy across the State, Nation, around the Nation can come to South to improving the industry are evi- and overseas. He often visited places Dakota to utilize this training space, denced in his 40 years of hard work. like Juneau, Washington, DC, and Lon- improving overall readiness. The ex- Beginning in 1975, Mr. Lombardo don when asked to speak about Alaska. panded Powder River Training Complex helped pave the way for the future of It was said about Bobby that ‘‘any- is a national treasure. flight. He started at Douglas Aircraft, where he was needed, he would go . . .’’ I want to thank Colonel Kennedy for a division of McDonnell Douglas Cor- Bobby was once quoted saying, ‘‘I his commitment to this project and for poration, working on the DC–10/MD–11 find myself fighting for the future of his service to our Nation. He really is Trijet program Mr. Lombardo was later our renewable fish and wildlife re- a shining example of the dedication responsible for the MD–88/MD–90 sources. They are the central part of and leadership that makes America’s Twinjet production operation. my culture,’’ he said. ‘‘We need to let Air Force the greatest in the world.∑ In 1996, after 20 years at Douglas Air- the rest of the world know so we can f craft, Mr. Lombardo joined Gulfstream all work together to protect the envi- Aerospace in Savannah. There he held ronment, air, water and lands that RECOGNIZING INNOGENOMICS positions as the vice president of co- produce subsistence resources on which TECHNOLOGIES production and the chief operating offi- we depend.’’ ∑ Mr. VITTER. Mr. President, small cer. He also served as president from Bobby loved Alaska, loved his fam- businesses often have the unique abil- 2007 to 2011 and as the executive vice ily—especially his grandchildren—and ity to pinpoint serious problems in president of the Aerospace Group for he was an important voice for Alaska. their communities while working with General Dynamics, Gulfstream’s parent He passed naturally at his cabin, a local agencies and other small busi- company. place he loved, where he went to rest nesses to get things done. Sometimes During his tenure at Gulfstream, Mr. after fishing. He will be missed.∑ these small businesses provide ground- Lombardo was instrumental in the co- f breaking, innovative technological so- production of the Gulfstream IV-SP lutions to problems that have gone un- RECOGNIZING COLONEL KEVIN and Gulfstream GV and the develop- solved for decades. As we close out Na- KENNEDY ment of the Gulfstream G650 and the tional Small Business Week, I am Gulfstream G280. ∑ Mr. THUNE. Mr. President, today I proud to recognize InnoGenomics Tech- Mr. Lombardo’s contributions extend recognize Colonel Kevin Kennedy, com- nologies of New Orleans, LA. as a to his community where he served on mander of the 28th Bomb Wing, Ells- Small Business of the Day for National the Corporate Angel Network’s board worth Air Force Base, near Rapid City, Small Business Week. of directors and as the chairman of the SD. Colonel Kennedy has been the com- In the wake of Hurricane Katrina’s Board of Governors of Ocean Exchange. mander at Ellsworth for the past 2 devastation, Dr. Sudhir Sinha, presi- He is the recipient of the National years, and has served in his position dent and CEO of InnoGenomics Tech- Management Association’s Silver admirably. nologies, had the idea to develop a new Knight Award and was awarded the Colonel Kennedy began his career at DNA marker system to aid in identi- Cliff Henderson Trophy by the National the Air Force Academy in Colorado. He fying victims of natural disasters. De- Aeronautic Association in 2012 for his is a B–1 pilot who went on to serve at veloped with the support of National aviation leadership. Ellsworth on multiple occasions, in- Science Foundation Small Business In- It is my pleasure to join Mr. cluding as deputy commander of the novation Research, SBIR, grants, Lombardo’s colleagues, family, and 28th Operations Group as recently as InnoGenomics Technologies’ patented friends in celebrating his dedicated ca- 2010. During his career he also served technology gives forensic scientists the reer and his many contributions to the as the vice commander of the 379th Air ability to test the most challenging aerospace industry and community.∑ Expeditionary Wing in South West DNA submissions to solve crimes and f Asia and as the director of the Air save lives. Additionally, the Force Strategic Study Group at the InnoGenomics Technologies team is REMEMBERING BOBBY ANDREW Pentagon here in DC. currently developing a new method to ∑ Ms. MURKOWSKI. Mr. President, I When he came back to Ellsworth 2 detect and monitor cancer—a liquid bi- wish to recognize a man who was well years ago as base commander, my of- opsy that can be conducted through a known across my State, and in many fice was working with the Air Force on minimally invasive blood test. Com- circles across our Nation. Bobby An- a 9-year project to expand the Powder bined, these two groundbreaking en- drew, an Alaska Native Yupik leader, River Training Complex, which is the deavors are advancing and revolution- passed away on May 12 at the age of 73 primary training airspace for the B–1 izing healthcare and forensic investiga- near Aleknagik in southwest Alaska. bombers based at Ellsworth, as well as tions. Aleknagik is 16 miles northwest of the B–52 bombers based in Minot Air Congratulations again to its hub community of Dillingham, a Force Base, ND. When Colonel Kennedy InnoGenomics Technologies for being small town of about 2,500 residents, arrived at Ellsworth as base com- selected as a Small Business of the Day which sits at the confluence of the mander, he made the completion of the for National Small Business Week.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.118 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3182 CONGRESSIONAL RECORD — SENATE May 20, 2015 Thank you for your continued commit- forgetting its small business roots, neering, and math. In his job as com- ment to innovating DNA technologies Raising Cane’s Chicken Fingers stays mandant, Colonel Davis has helped to solve crimes and save lives right in true to Louisiana and regularly gives positively shape the lives of several the heart of Louisiana.∑ back to the communities their estab- hundred cadets from the region. After 4 f lishments serve. Todd Graves and the years of operation, the academy has entire Raising Cane’s Chicken Fingers test results and student performance RECOGNIZING HARING CATFISH crew are an inspiring example of the improvement ranked well above aver- ∑ Mr. VITTER. Mr. President, small hard work, courage, and dedication ages by more established schools. Be- businesses often set a high standard for that go into running American small ginning in 2016, Colonel Davis will quality and service across the United businesses. leave Louisiana to become the next na- States. Commitment to reaching these Congratulations again to Raising tional executive director and CEO of high thresholds is most important in Cane’s Chicken Fingers for being rec- the Young Marines. our agriculture and food industries. ognized as a small business success Colonel Davis is an accomplished ex- One small business that has contin- story during the 2015 National Small ecutive whose commitment to young ually held itself to the highest bar for Business Week. Your commitment to people has always been fundamental quality and service is Haring Catfish, giving back to your local communities during his career. He is highly regarded located in Wisner, LA—the Small Busi- and remembering your small business for strategic thinking, sound financial ness of the Day for National Small beginning is recognized and greatly ap- management, marketing expertise, and Business Week. preciated.∑ exceptional project management skills. Louisiana is known for its fresh, f He is a distinguished leader who will high-quality, and delicious seafood. bring military expertise and business TRIBUTE TO COLONEL WILLIAM P. Opened in the early 1960s by Walter experience to the Young Marines. DAVIS Carl ‘‘Pete’’ Haring, Sr., Haring Catfish I am pleased to join with the Senate has since grown to processing over ∑ Mr. VITTER. Mr. President, today I in honoring the career of retired Col. 300,000 pounds of catfish per week. honor the career of one of Louisiana’s William P. Davis. We thank him for his Haring Catfish’s commitment to the heroes and most accomplished resi- service to our country and congratu- highest quality catfish through dents, retired Marine Corps Col. Wil- late him as he begins the next chapter healthy, high protein diets has ele- liam P. Davis. Colonel Davis was born of his career.∑ at Camp Pendleton, CA, the son of a vated them to be one of the most-rec- f ognized catfish farms in the United career marine, and spent his youth fol- States. Haring Catfish has received nu- lowing his father’s military postings. MESSAGES FROM THE HOUSE merous distinguished awards, including He is a combat veteran of Operation At 9:49 a.m., a message from the the Louisiana Catfish Farmer of the Desert Storm, and subsequently as- House of Representatives, delivered by Year Award, Catfish Farmers of Amer- signed as the supply, fiscal, and con- Mr. Novotny, one of its reading clerks, ica Award of Excellence, and the Small tracting officer for Landing Force announced that the House has passed Business Person of the Year Award by Training Command Atlantic. In 1997, the following bill, without amendment: the U.S. Small Business Administra- he was assigned to his first tour at the S. 178. An act to provide justice for the vic- tion. Marines Forces Reserve in New Orle- tims of trafficking. Congratulations again to Haring Cat- ans, LA. During that period, he was a The message also announced that the fish for being selected as a Small Busi- parent volunteer for the Young Ma- House has passed the following bills, in ness of the Day for National Small rines chapter in Slidell, LA, where he which it requests the concurrence of Business Week. Thank you for your organized training events and tours to the Senate: continued commitment to providing units and bases. In addition, he pro- H.R. 2250. An act making appropriations the high-quality and delicious catfish vided classes for the annual regimental for the Legislative Branch for the fiscal year in Louisiana.∑ encampment as well as at recruit ending September 30, 2016, and for other pur- f training events. poses. Colonel Davis was operations officer H.R. 2353. An act to provide an extension of RECOGNIZING RAISING CANE’S for Joint Task Force Civil Support, a Federal-aid highway, highway safety, motor CHICKEN FINGERS military organization under the U.S. carrier safety, transit, and other programs ∑ Mr. VITTER. Mr. President, just as Northern Command at Fort Monroe, funded out of the Highway Trust Fund, and important as it is to recognize our VA, where he led a team of technical for other purposes. small businesses, it is often important experts in planning post-incident re- At 11:06 a.m., a message from the to also recognize our small business covery from chemical, biological, radi- House of Representatives, delivered by success stories—especially those that ological or nuclear incidents. He sup- Mr. Novotny, one of its reading clerks, make a substantial impact in their in- ported planning for the 2006 Winter announced that the House has passed dustries and in their communities. As a Olympics, 2006 Southeast Asian Games, the following bills, in which it requests part of National Small Business Week, and other exercises across the world. the concurrence of the Senate: I am proud to recognize the Louisiana During Hurricane Katrina’s aftermath H.R. 874. An act to amend the Department small business success story of Raising in 2005, he worked with Federal, mili- of Energy High-End Computing Revitaliza- Cane’s Chicken Fingers. tary, State, and local authorities in tion Act of 2004 to improve the high-end In the early 1990s, Todd Graves was support of response operations. computing research and development pro- inspired to open a chicken finger res- Colonel Davis returned to New Orle- gram of the Department of Energy, and for taurant. After the bank turned down ans in 2006, becoming assistant chief of other purposes. the fresh-out-of-college graduate for a Staff at Marine Forces Reserve. He led H.R. 1119. An act to improve the efficiency loan, Graves spent the next few years a staff of 80 people charged with over- of Federal research and development, and for working various jobs to earn and save seeing construction, maintenance, and other purposes. H.R. 1156. An act to authorize the estab- the money necessary to open Raising repairs of 187 reserve sites nationwide, lishment or designation of a working group Cane’s in Baton Rouge, LA. in 1996. In including the construction of the 29- under the National Science and Technology the years since, Raising Cane’s Chicken acre Marine Corps Support Facility in Council to identify and coordinate inter- Fingers has opened over 150 locations New Orleans. From 2011 until recently, national science and technology cooperation across the United States and has Colonel Davis was the inaugural com- opportunities. gained a fandom following. Raising mandant of the New Orleans Military H.R. 1158. An act to improve management Cane’s Chicken Fingers prides itself on and Maritime Academy, a charter high of the National Laboratories, enhance tech- their commitment to the absolute school where all students are cadets of nology commercialization, facilitate public- private partnerships, and for other purposes. highest quality products and services— the Marine Corps Junior Reserve Offi- H.R. 1162. An act to make technical a model that has earned them numer- cers Training Corps Program and are changes to provisions authorizing prize com- ous ‘‘Best Places to Work’’ awards focused on college preparation with an petitions under the Stevenson-Wydler Tech- from regions across the country. Never emphasis on science, technology, engi- nology Innovation Act of 1980.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.057 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3183 H.R. 1561. An act to improve the National EXECUTIVE REPORTS OF By Mr. CORNYN: Oceanic and Atmospheric Administration’s COMMITTEE S. 1397. A bill to amend the Internal Rev- weather research through a focused program enue Code of 1986 to require that ITIN appli- of investment on affordable and attainable The following executive reports of cants submit their application in person at advances in observational, computing, and nominations were submitted: taxpayer assistance centers, and for other modeling capabilities to support substantial By Mr. THUNE for the Committee on Com- purposes; to the Committee on Finance. improvement in weather forecasting and pre- merce, Science, and Transportation. By Mr. ALEXANDER (for himself, Mr. diction of high impact weather events, to ex- *Mario Cordero, of California, to be a Fed- COONS, Ms. MURKOWSKI, Ms. CANT- pand commercial opportunities for the provi- eral Maritime Commissioner for the term ex- WELL, Mr. GARDNER, Mrs. FEINSTEIN, sion of weather data, and for other purposes. piring June 30, 2019. and Mr. HEINRICH): *Daniel R. Elliott III, of Ohio, to be a S. 1398. A bill to extend, improve, and con- At 10:22 p.m., a message from the Member of the Surface Transportation Board solidate energy research and development House of Representatives, delivered by for a term expiring December 31, 2018. programs, and for other purposes; to the *Coast Guard nomination of Rear Adm. Committee on Energy and Natural Re- Mrs. Cole, one of its reading clerks, an- Sandra L. Stosz, to be Vice Admiral. sources. nounced that the House has agreed to *Nomination was reported with rec- By Mr. BENNET: the following concurrent resolution, in S. 1399. A bill to amend the Internal Rev- ommendation that it be confirmed sub- which it requests the concurrence of enue Code of 1986 to permanently extend and ject to the nominee’s commitment to the Senate: increase expensing limitations, and for other respond to requests to appear and tes- purposes; to the Committee on Finance. H. Con. Res. 47. Concurrent resolution to tify before any duly constituted com- By Mr. DURBIN: correct the enrollment of S. 178. mittee of the Senate. S. 1400. A bill to amend the Small Business Act to direct the task force of the Office of f f Veterans Business Development to provide INTRODUCTION OF BILLS AND access to and manage the distribution of ex- MEASURES REFERRED JOINT RESOLUTIONS cess or surplus property to veteran-owned small businesses; to the Committee on Small The following bills were read the first The following bills and joint resolu- Business and Entrepreneurship. and the second times by unanimous tions were introduced, read the first By Mr. TILLIS (for himself and Mr. consent, and referred as indicated: and second times by unanimous con- BURR): H.R. 874. An act to amend the Department sent, and referred as indicated: S. 1401. A bill to provide for the annual des- of Energy High-End Computing Revitaliza- ignation of cities in the United States as an By Mr. GARDNER (for himself and Mr. tion Act of 2004 to improve the high-end ‘‘American World War II City’’; to the Com- BENNET): computing research and development pro- mittee on Armed Services. S. 1390. A bill to help provide relief to By Mr. LEAHY (for himself and Mr. gram of the Department of Energy, and for State education budgets during a recovering GRASSLEY): other purposes; to the Committee on Energy economy, to help fulfill the Federal mandate and Natural Resources. S. 1402. A bill to allow acceleration certifi- to provide higher educational opportunities cates awarded under the Patents for Human- H. R. 1119. An act to improve the efficiency for Native American Indians, and for other of Federal research and development, and for ity Program to be transferable; to the Com- purposes; to the Committee on Health, Edu- mittee on the Judiciary. other purposes; to the Committee on Com- cation, Labor, and Pensions. merce, Science, and Transportation. By Mr. RUBIO: By Mr. UDALL (for himself and Mr. S. 1403. A bill to amend the Magnuson-Ste- H.R. 1156. An act to authorize the estab- HEINRICH): vens Fishery Conservation and Management lishment or designation of a working group S. 1391. A bill to increase research, edu- Act to promote sustainable conservation and under the National Science and Technology cation, and treatment for cerebral cavernous management for the Gulf of Mexico and Council to identify and coordinate inter- malformations; to the Committee on Health, South Atlantic fisheries and the commu- national science and technology cooperation Education, Labor, and Pensions. nities that rely on them, and for other pur- opportunities; to the Committee on Foreign By Mr. MARKEY: poses; to the Committee on Commerce, Relations. S. 1392. A bill to require certain practi- Science, and Transportation. H.R. 1158. An act to improve management tioners authorized to prescribe controlled By Mr. PORTMAN (for himself, Mr. of the National Laboratories, enhance tech- substances to complete continuing edu- MCCAIN, Mr. ISAKSON, and Mr. COR- nology commercialization, facilitate public- cation; to the Committee on Health, Edu- NYN): private partnerships, and for other purposes; cation, Labor, and Pensions. S. 1404. A bill to free States to spend gas to the Committee on Energy and Natural Re- By Mr. THUNE (for himself, Mrs. CAP- taxes on their transportation priorities; to sources ITO, Mr. COTTON, Mrs. FISCHER, Mr. the Committee on Environment and Public H.R. 1162. An act to make technical FLAKE, Mr. INHOFE, Mr. LEE, and Mr. Works. changes to provisions authorizing prize com- ROBERTS): By Mr. FRANKEN: petitions under the Stevenson-Wydler Tech- S. 1393. A bill to require the Administrator S. 1405. A bill to require a coordinated re- nology Innovation Act of 1980; to the Com- of the Environmental Protection Agency to sponse to coal fuel supply emergencies that mittee on Commerce, Science, and Transpor- include in each regulatory impact analysis could impact electric power system ade- tation. for a proposed or final rule an analysis that quacy or reliability; to the Committee on H.R. 1561. An act to improve the National does not include any other proposed or Energy and Natural Resources. Oceanic and Atmospheric Administration’s unimplemented rule; to the Committee on By Mr. VITTER: weather research through a focused program Environment and Public Works. S. 1406. A bill to amend the Federal Food, of investment on affordable and attainable By Mr. MERKLEY (for himself and Mr. Drug, and Cosmetic Act with respect to pharmacy compounding; to the Committee advances in observational, computing, and WYDEN): modeling capabilities to support substantial S. 1394. A bill to amend the Federal Water on Health, Education, Labor, and Pensions. improvement in weather forecasting and pre- Pollution Control Act to establish within the By Mr. HELLER (for himself, Mr. diction of high impact weather events, to ex- Environmental Protection Agency a Colum- RISCH, Mr. HEINRICH, and Mr. pand commercial opportunities for the provi- bia River Basin Restoration Program; to the TESTER): S. 1407. A bill to promote the development sion of weather data, and for other purposes; Committee on Environment and Public of renewable energy on public land, and for to the Committee on Commerce, Science, Works. other purposes; to the Committee on Energy and Transportation. By Ms. MURKOWSKI: and Natural Resources. H.R. 2250. An act making appropriations S. 1395. A bill to reinstate certain mining By Mr. PETERS (for himself, Mr. for the Legislative Branch for the fiscal year claims in the State of Alaska; to the Com- ending September 30, 2016, and for other pur- ALEXANDER, and Ms. STABENOW): mittee on Energy and Natural Resources. S. 1408. A bill to provide for a program of poses; to the Committee on Appropriations. By Mr. THUNE (for himself and Ms. research, development, demonstration, and STABENOW): commercial application in vehicle tech- f S. 1396. A bill to establish a demonstration nologies at the Department of Energy; to the program requiring the utilization of Value- Committee on Energy and Natural Re- MEASURES READ THE FIRST TIME Based Insurance Design in order to dem- sources. onstrate that reducing the copayments or The following bill was read the first coinsurance charged to Medicare bene- f time: ficiaries for selected high-value prescription SUBMISSION OF CONCURRENT AND H.R. 2353. An act to provide an extension of medications and clinical services can in- SENATE RESOLUTIONS Federal-aid highway, highway safety, motor crease their utilization and ultimately im- carrier safety, transit, and other programs prove clinical outcomes, enhance beneficiary The following concurrent resolutions funded out of the Highway Trust Fund, and satisfaction, and lower health care expendi- and Senate resolutions were read, and for other purposes. tures; to the Committee on Finance. referred (or acted upon), as indicated:

VerDate Sep 11 2014 00:12 Feb 12, 2016 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD15\MAY 15\S20MY5.REC S20MY5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3184 CONGRESSIONAL RECORD — SENATE May 20, 2015 By Mr. ROUNDS (for himself, Mr. COLLINS) was added as a cosponsor of S. Labor Standards Act of 1938 to prohibit MANCHIN, Mr. THUNE, Mr. INHOFE, 711, a bill to amend section 520J of the employment of children in tobacco-re- Mrs. CAPITO, Mr. RISCH, Mr. HOEVEN, Public Service Health Act to authorize lated agriculture by deeming such em- and Ms. COLLINS): grants for mental health first aid ployment as oppressive child labor. S. Con. Res. 17. A concurrent resolution es- tablishing a joint select committee to ad- training programs. S. 1004 dress regulatory reform; to the Committee S. 713 At the request of Mr. KIRK, the name on Rules and Administration. At the request of Mrs. BOXER, the of the Senator from Texas (Mr. COR- f name of the Senator from New Mexico NYN) was added as a cosponsor of S. ADDITIONAL COSPONSORS (Mr. UDALL) was added as a cosponsor 1004, a bill to amend title 36, United of S. 713, a bill to prevent international States Code, to encourage the nation- S. 85 violence against women, and for other wide observance of two minutes of si- At the request of Mr. KING, the name purposes. lence each Veterans Day. of the Senator from West Virginia (Mr. S. 746 S. 1020 MANCHIN) was added as a cosponsor of At the request of Mr. WHITEHOUSE, At the request of Mr. VITTER, the S. 85, a bill to amend the Higher Edu- the names of the Senator from New name of the Senator from Maine (Ms. cation Act of 1965 to establish a sim- Jersey (Mr. MENENDEZ) and the Sen- COLLINS) was added as a cosponsor of S. plified income-driven repayment plan, ator from Maryland (Mr. CARDIN) were 1020, a bill to amend title XVIII of the and for other purposes. added as cosponsors of S. 746, a bill to Social Security Act to ensure the con- S. 127 provide for the establishment of a tinued access of Medicare beneficiaries At the request of Mrs. SHAHEEN, the Commission to Accelerate the End of to diagnostic imaging services, and for name of the Senator from South Da- Breast Cancer. other purposes. kota (Mr. ROUNDS) was added as a co- At the request of Mr. GRASSLEY, the S. 1040 sponsor of S. 127, a bill to prohibit Fed- name of the Senator from Michigan eral funding for motorcycle check- At the request of Mr. HELLER, the (Mr. PETERS) was added as a cosponsor name of the Senator from Montana points, and for other purposes. of S. 746, supra. (Mr. DAINES) was added as a cosponsor S. 149 S. 796 of S. 1040, a bill to direct the Consumer At the request of Mr. HATCH, the At the request of Mrs. MURRAY, the Product Safety Commission and the name of the Senator from Florida (Mr. name of the Senator from Washington National Academy of Sciences to study RUBIO) was added as a cosponsor of S. (Ms. CANTWELL) was added as a cospon- the vehicle handling requirements pro- 149, a bill to amend the Internal Rev- sor of S. 796, a bill to incentivize State posed by the Commission for rec- enue Code of 1986 to repeal the excise support for postsecondary education reational off-highway vehicles and to tax on medical devices. and to promote increased access and af- prohibit the adoption of any such re- S. 356 fordability for higher education for quirements until the completion of the At the request of Mr. LEE, the name students, including Dreamer students. study, and for other purposes. of the Senator from New Hampshire S. 802 S. 1085 (Ms. AYOTTE) was added as a cosponsor At the request of Mr. RUBIO, the At the request of Mrs. MURRAY, the of S. 356, a bill to improve the provi- name of the Senator from New York name of the Senator from Wisconsin sions relating to the privacy of elec- (Mrs. GILLIBRAND) was added as a co- (Ms. BALDWIN) was added as a cospon- tronic communications. sponsor of S. 802, a bill to authorize the sor of S. 1085, a bill to expand eligi- S. 389 Secretary of State and the Adminis- bility for the program of comprehen- At the request of Ms. HIRONO, the trator of the United States Agency for sive assistance for family caregivers of names of the Senator from California International Development to provide the Department of Veterans Affairs, to (Mrs. BOXER) and the Senator from assistance to support the rights of expand benefits available to partici- Washington (Ms. CANTWELL) were women and girls in developing coun- pants under such program, to enhance added as cosponsors of S. 389, a bill to tries, and for other purposes. special compensation for members of amend section 1111(h)(1)(C)(i) of the El- S. 804 the uniformed services who require as- ementary and Secondary Education At the request of Mrs. SHAHEEN, the sistance in everyday life, and for other Act of 1965 to require that annual State name of the Senator from Minnesota purposes. report cards reflect the same race (Ms. KLOBUCHAR) was added as a co- S. 1122 groups as the decennial census of popu- sponsor of S. 804, a bill to amend title lation. At the request of Mr. DURBIN, the XVIII of the Social Security Act to name of the Senator from Rhode Island S. 491 specify coverage of continuous glucose (Mr. WHITEHOUSE) was added as a co- At the request of Ms. KLOBUCHAR, the monitoring devices, and for other pur- sponsor of S. 1122, a bill to provide that name of the Senator from Missouri poses. chapter 1 of title 9 of the United States (Mrs. MCCASKILL) was added as a co- S. 862 Code, relating to the enforcement of sponsor of S. 491, a bill to lift the trade At the request of Ms. MIKULSKI, the arbitration agreements, shall not apply embargo on Cuba. name of the Senator from Hawaii (Mr. to enrollment agreements made be- S. 524 SCHATZ) was added as a cosponsor of S. tween students and certain institutions At the request of Mr. WHITEHOUSE, 862, a bill to amend the Fair Labor of higher education, and to prohibit the name of the Senator from Utah Standards Act of 1938 to provide more limitations on the ability of students (Mr. HATCH) was added as a cosponsor effective remedies to victims of dis- to pursue claims against certain insti- of S. 524, a bill to authorize the Attor- crimination in the payment of wages tutions of higher education. ney General to award grants to address on the basis of sex, and for other pur- S. 1123 the national epidemics of prescription poses. At the request of Mr. LEE, the name opioid abuse and heroin use. S. 950 of the Senator from New Jersey (Mr. S. 682 At the request of Mr. CASEY, the MENENDEZ) was added as a cosponsor of At the request of Mr. DONNELLY, the name of the Senator from California S. 1123, a bill to reform the authorities name of the Senator from South Caro- (Mrs. BOXER) was added as a cosponsor of the Federal Government to require lina (Mr. SCOTT) was added as a cospon- of S. 950, a bill to amend the Internal the production of certain business sor of S. 682, a bill to amend the Truth Revenue Code of 1986 to provide for a records, conduct electronic surveil- in Lending Act to modify the defini- refundable adoption tax credit. lance, use pen registers and trap and tions of a mortgage originator and a S. 974 trace devices, and use other forms of high-cost mortgage. At the request of Mr. DURBIN, the information gathering for foreign in- S. 711 name of the Senator from Minnesota telligence, counterterrorism, and At the request of Ms. AYOTTE, the (Mr. FRANKEN) was added as a cospon- criminal purposes, and for other pur- name of the Senator from Maine (Ms. sor of S. 974, a bill to amend the Fair poses.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.005 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3185 S. 1126 KIRK) was added as a cosponsor of S. to an administrative appeal relating to At the request of Mr. COONS, the 1345, a bill to amend title XVIII of the adverse determinations of tax-exempt names of the Senator from Michigan Social Security Act to improve access status of certain organizations. (Ms. STABENOW) and the Senator from to diabetes self-management training AMENDMENT NO. 1370 Montana (Mr. TESTER) were added as by authorizing certified diabetes edu- At the request of Mr. MERKLEY, the cosponsors of S. 1126, a bill to modify cators to provide diabetes self-manage- name of the Senator from Massachu- and extend the National Guard State ment training services, including as setts (Ms. WARREN) was added as a co- Partnership Program. part of telehealth services, under part sponsor of amendment No. 1370 in- S. 1130 B of the Medicare program. tended to be proposed to H.R. 1314, a At the request of Mrs. BOXER, the S. 1377 bill to amend the Internal Revenue name of the Senator from Montana At the request of Mr. LEAHY, the Code of 1986 to provide for a right to an (Mr. TESTER) was added as a cosponsor name of the Senator from New Mexico administrative appeal relating to ad- of S. 1130, a bill to amend title 10, (Mr. HEINRICH) was added as a cospon- verse determinations of tax-exempt United States Code, to improve proce- sor of S. 1377, a bill to amend title 18, status of certain organizations. dures for legal justice for members of United States Code, to clarify and ex- AMENDMENT NO. 1390 the Armed Forces, and for other pur- pand Federal criminal jurisdiction over At the request of Mr. FRANKEN, the poses. Federal contractors and employees name of the Senator from Massachu- setts (Ms. WARREN) was added as a co- S. 1176 outside the United States, and for other purposes. sponsor of amendment No. 1390 in- At the request of Mr. UDALL, the tended to be proposed to H.R. 1314, a S. RES. 143 name of the Senator from New York bill to amend the Internal Revenue At the request of Mr. SCHATZ, the (Mrs. GILLIBRAND) was added as a co- Code of 1986 to provide for a right to an names of the Senator from California sponsor of S. 1176, a bill to amend the administrative appeal relating to ad- (Mrs. BOXER), the Senator from Min- Internal Revenue Code of 1986 to re- verse determinations of tax-exempt nesota (Mr. FRANKEN) and the Senator form the system of public financing for status of certain organizations. from New York (Mrs. GILLIBRAND) were Presidential elections, and for other AMENDMENT NO. 1411 added as cosponsors of S. Res. 143, a purposes. At the request of Mr. HATCH, the resolution supporting efforts to ensure S. 1214 names of the Senator from Oregon (Mr. that students have access to debt-free At the request of Mr. MENENDEZ, the WYDEN), the Senator from Delaware higher education. names of the Senator from Rhode Is- (Mr. CARPER), the Senator from Vir- S. RES. 148 land (Mr. WHITEHOUSE) and the Senator ginia (Mr. WARNER), the Senator from from Vermont (Mr. LEAHY) were added At the request of Mr. KIRK, the name Virginia (Mr. KAINE), the Senator from as cosponsors of S. 1214, a bill to pre- of the Senator from Arkansas (Mr. Colorado (Mr. BENNET), the Senator vent human health threats posed by BOOZMAN) was added as a cosponsor of from Missouri (Mrs. MCCASKILL), the the consumption of equines raised in S. Res. 148, a resolution condemning Senator from Texas (Mr. CORNYN), the the United States. the Government of Iran’s state-spon- Senator from Tennessee (Mr. ALEX- sored persecution of its Baha’i minor- S. 1239 ANDER), the Senator from Tennessee ity and its continued violation of the At the request of Mr. DONNELLY, the (Mr. CORKER), the Senator from Nevada International Covenants on Human name of the Senator from North Da- (Mr. HELLER) and the Senator from In- Rights. kota (Mr. HOEVEN) was added as a co- diana (Mr. COATS) were added as co- sponsor of S. 1239, a bill to amend the AMENDMENT NO. 1227 sponsors of amendment No. 1411 pro- Clean Air Act with respect to the eth- At the request of Mrs. SHAHEEN, the posed to H.R. 1314, a bill to amend the anol waiver for the Reid vapor pressure name of the Senator from New Jersey Internal Revenue Code of 1986 to pro- vide for a right to an administrative limitations under that Act. (Mr. MENENDEZ) was added as a cospon- sor of amendment No. 1227 proposed to appeal relating to adverse determina- S. 1300 H.R. 1314, a bill to amend the Internal tions of tax-exempt status of certain At the request of Mrs. FEINSTEIN, the Revenue Code of 1986 to provide for a organizations. names of the Senator from Ohio (Mr. right to an administrative appeal relat- f PORTMAN), the Senator from Wyoming ing to adverse determinations of tax- STATEMENTS ON INTRODUCED (Mr. ENZI), the Senator from Texas exempt status of certain organizations. (Mr. CRUZ) and the Senator from Wash- BILLS AND JOINT RESOLUTIONS AMENDMENT NO. 1299 ington (Ms. CANTWELL) were added as At the request of Mr. PORTMAN, the By Ms. MURKOWSKI: cosponsors of S. 1300, a bill to amend names of the Senator from Vermont S. 1395. A bill to reinstate certain the section 221 of the Immigration and mining claims in the State of Alaska; (Mr. SANDERS), the Senator from New Nationality Act to provide relief for to the Committee on Energy and Nat- Mexico (Mr. HEINRICH), the Senator adoptive families from immigrant visa ural Resources. from Connecticut (Mr. MURPHY), the feeds in certain situations. Ms. MURKOWSKI. Mr. President, I Senator from New Mexico (Mr. UDALL), S. 1312 rise today to reintroduce legislation in the Senator from Connecticut (Mr. a dramatically different form to rein- At the request of Ms. MURKOWSKI, the BLUMENTHAL) and the Senator from name of the Senator from South Caro- state two small miner’s claims, which Rhode Island (Mr. REED) were added as have been taken from them because of lina (Mr. SCOTT) was added as a cospon- cosponsors of amendment No. 1299 pro- sor of S. 1312, a bill to modernize Fed- an inequitable federal administrative posed to H.R. 1314, a bill to amend the process. eral policies regarding the supply and Internal Revenue Code of 1986 to pro- distribution of energy in the United Under revisions to the Federal Min- vide for a right to an administrative ing Law of 1872, 30 U.S.C. 28(f) holders States, and for other purposes. appeal relating to adverse determina- of unpatented mineral claims must pay S. 1334 tions of tax-exempt status of certain a claim maintenance fee originally set At the request of Ms. MURKOWSKI, the organizations. at $100 per claim by a deadline, set by name of the Senator from Rhode Island AMENDMENT NO. 1369 regulation, of September l each year. (Mr. WHITEHOUSE) was added as a co- At the request of Mr. MERKLEY, the Since 2004 that fee has risen to $140 per sponsor of S. 1334, a bill to strengthen names of the Senator from Hawaii (Mr. claim. But Congress also provided a enforcement mechanisms to stop ille- SCHATZ), the Senator from Wisconsin claim maintenance fee waiver for gal, unreported, and unregulated fish- (Ms. BALDWIN), the Senator from Ohio ‘‘small’’ miners, those who hold 10 or ing, to amend the Tuna Conventions (Mr. BROWN) and the Senator from fewer claims, so that they do not have Act of 1950 to implement the Antigua Massachusetts (Ms. WARREN) were to submit the fee, but that they must Convention, and for other purposes. added as cosponsors of amendment No. file to renew their claims and submit S. 1345 1369 intended to be proposed to H.R. an affidavit of annual labor, work con- At the request of Mrs. SHAHEEN, the 1314, a bill to amend the Internal Rev- ducted on the claim, each year, certi- name of the Senator from Illinois (Mr. enue Code of 1986 to provide for a right fying that they had performed more

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.009 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3186 CONGRESSIONAL RECORD — SENATE May 20, 2015 than $100 of work on the claim in the simple due process would just encour- versions of my legislation improperly preceding year, 30 U.S.C. 28f(d)(1). The age miners to ignore the deadline for would have resulted in the patenting of waiver provision further states: ‘‘If a filing of their fee waivers. the claims by the granting of a first small miner waiver application is de- I clearly find the cost argument half final certificate in the Trautner termined to be defective for any rea- unpersuasive. Many Federal depart- case, I have modified this bill simply to son, the claimant shall have a period of ments and agencies, the Federal Com- reinstate the claims, but not to take 60 days after receipt of written notifi- munication Commission, as one exam- steps to confirm patents. By this bill cation of the defect or defects by the ple, routinely sends out notices on per- Mr. Trautner will have to wait like Bureau of Land Management to: A) mit and license applications. The FCC many other miners for Congress to re- cure such defect or defects or (B) pay sends out hundreds of thousands of consider the merits of the moratorium the . . . claim maintenance fee(s) due such notices to Americans who have on patent issuance first imposed on the for such a period.’’ small radio licenses expiring yearly, Mining Law of 1872 by Congress in 1995. Since past revisions of the law, there warning them that they need to file ap- It is simple justice that Mr. Trautner have been a series of incidents where plications for license renewal. The Bu- and the Thurneau family receive their miners have argued that they sub- reau of Land Management certainly claims back, since Congress clearly mitted their applications and affidavits should be able to afford a few hundred thought it was giving miners a guaran- of annual labor in a timely manner, stamps to perform a similar service. teed opportunity to remedy claim de- but due to clerical error by U.S. Bu- Given the value of claims placed at fects when it created the small miner reau of Land Management staff, mail- risk and the bother, inconvenience and waiver provisions in 1993. Return of the ing delays or for unexplained reasons, fear of loss of claims, it is highly un- claims will cost the government noth- the applications or documents were not likely that miners would avoid filing ing and likely will result in added fed- recorded as having been received in a their waiver paperwork on time just eral revenues, hopefully preventing timely fashion. In that case BLM has because a notification process was this bill from facing any procedural terminated the claims, deeming them clearly in place before claims could be issues. I hope that justice will finally null and void. While mining claim terminated. prevail in these cases this Congress, holders have argued that the law pro- But after facing the clear opposition even though I regret that I see no vides them time to cure claim defects, of this administration over 6 years to means to fix the larger inequity in the BLM has argued that the cure only ap- resolving this inequity, today I simply interpretation of the small miner waiv- plies when applications or fees have file legislation to remedy the injustices er statute for the foreseeable future. been received in a timely manner. for two of my constituents who have Thus, there is no administrative rem- lost their rights, in one case to nine By Mr. CORNYN: edy for miners who believe that cler- mineral claims on the Kenai Peninsula, S. 1397. A bill to amend the Internal ical errors by BLM or mail issues re- near Hope, Alaska, and in the second Revenue Code of 1986 to require that sulted in loss or the late recording of case to a single placer claim in the ITIN applicants submit their applica- claim extension applications and pa- Fortymile District of northeast Alas- tion in person at taxpayer assistance perwork. ka. The transition language proposed centers, and for other purposes; to the There have been a number of cases will reinstate claims for Mr. John Committee on Finance. where Congress has been asked to over- Trautner, who has lost title to claims Mr. CORNYN. Mr. President, I ask ride BLM determinations and reinstate that he had held from 1982 to 2004. Mr. unanimous consent that the text of the mining claims simply because of the Trautner suffered this loss even though bill be printed in the RECORD. disputes over whether the claims had he had a consistent record of having There being no objection, the text of been filed in a timely manner. Con- paid the annual labor assessment fee the bill was ordered to be printed in gress in 2003 reinstated such claims in for the previous 22 years. The local the RECORD, as follows: a previous Alaska case. Claims in two BLM office did have a time-date- S. 1397 other incidents were reinstated fol- stamped record that the maintenance Be it enacted by the Senate and House of Rep- lowing a U.S. District Court case in the fee waiver certification form had been resentatives of the United States of America in 10th Circuit first in 2009 in the case of filed weeks before the deadline, but Congress assembled, Miller v. United States and in a second just not a record that the affidavit of SECTION 1. SHORT TITLE. Alaska case in 2013. Legislation to cor- annual labor had arrived when he This Act may be cited as the ‘‘ITIN Reform Act of 2015’’. rect the provision to prevent this prob- dropped it at the office in Anchorage at SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF lem actually was approved by the Sen- the same time. ITINS. ate in 2007, but did not ultimately be- In the second case, it will reinstate a (a) IN GENERAL.—Section 6109 of the Inter- come law. claim held by Mr. and Mrs. Vernon nal Revenue Code of 1986 is amended by add- In the past three Congresses I have Thurneau, now of Wasilla, who lost ing at the end the following: introduced legislation intended to their claim after mining it continu- ‘‘(i) SPECIAL RULES RELATING TO THE short circuit continued litigation and ously for 38 years in 2009, simply be- ISSUANCE OF ITINS.— pleas for claim reinstatement by clari- cause of a holiday season error. In this ‘‘(1) IN GENERAL.—The Secretary may issue fying the intent of Congress that min- an individual taxpayer identification number case the Thurneau’s paid their fees on to an individual only if the requirements of ers do have to be informed that their time, and turned in their proof of labor paragraphs (2) and (3) are met. claims are in jeopardy of being voided affidavit to the Fairbanks Recorders ‘‘(2) IN-PERSON APPLICATION.—The require- and given 60 days of notice to cure de- Office in December before the deadline. ments of this paragraph are met if, with re- fects, including giving them time to They received a time and date stamp spect to an application for an individual tax- submit their applications and to sub- that they produced the information in payer identification number— mit affidavits of annual labor, should a timely manner. But because of the ‘‘(A) the applicant submits an application their submittals not be received and Christmas holidays they simply forgot in person, using Form W–7 (or any successor processed by BLM officials on time. If thereof) and including the required docu- to turn/mail in the form to the BLM mentation, at a taxpayer assistance center all defects are not cured within 60 Anchorage office until after Jan. 1, of the Internal Revenue Service, or days—the obvious intent of Congress in missing the BLM’s required Dec. 31 ‘‘(B) in the case of an applicant who resides passing the original act—then claims deadline. Because of a holiday delay, outside of the United States, the applicant should be subject to voidance. But this they lost their claims and 38 years of submits the application in person to an em- administration has opposed the legisla- work. ployee of the Internal Revenue Service or a tion arguing that it would be too ex- This legislation, supported in the designee of the Secretary at a United States pensive to notify all small miners who past by the Alaska Miners Association, diplomatic mission or consular post, to- fail to file their small miner waiver will simply reinstate the two sets of gether with the required documentation. ‘‘(3) INITIAL ON-SITE VERIFICATION OF DOCU- documents on time and giving them claims, claims that have been held by MENTATION.—The requirements of this para- time to solve the defect prior to the the government over the past decade. graph are met if, with respect to each appli- loss of their claims. It has even been In response to complaints by the De- cation, an employee of the Internal Revenue suggested that giving small miners partment of the Interior that past Service at the taxpayer assistance center, or

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.016 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3187 the employee or designee described in para- S. 1400. A bill to amend the Small SOS, campaign was successful and the graph (2)(B), as the case may be, conducts an Business Act to direct the task force of battleship arrived in her current berth initial verification of the documentation the Office of Veterans Business Devel- on October 2, 1961. She was dedicated supporting the application submitted under opment to provide access to and man- on April 29, 1962, as the State’s memo- paragraph (2). ‘‘(4) REQUIRED DOCUMENTATION.—For pur- age the distribution of excess or sur- rial to its World War II veterans poses of this subsection— plus property to veteran-owned small At home, North Carolina’s coast was ‘‘(A) required documentation includes such businesses; to the Committee on Small a war zone. On April 13–14, 1942, the documentation as the Secretary may require Business and Entrepreneurship. first U-boat, German U–85, was sunk off that proves the individual’s identity and for- Mr. DURBIN. Mr. President, I ask the North Carolina Coast. Mr. Presi- eign status, and unanimous consent that the text of the dent, 397 ships were sunk or damaged ‘‘(B) the Secretary may only accept origi- bill be printed in the RECORD. and nearly 5,000 people were killed nal documents. There being no objection, the text of within sight of our shores. For 6 ‘‘(5) EXCEPTIONS.— the bill was ordered to be printed in months at the beginning of America’s ‘‘(A) MILITARY SPOUSES.—Paragraph (1) shall not apply to the spouse, or the depend- the RECORD, as follows: war, 65 German U-boats hunted Allied ents, without a social security number of a S. 1400 merchant vessels practically unop- taxpayer who is a member of the Armed Be it enacted by the Senate and House of Rep- posed. The greatest concentration of Forces of the United States. resentatives of the United States of America in these attacks came off North Carolina. ‘‘(B) TREATY BENEFITS.—Paragraph (1) Congress assembled, During World War II, Wilmington shall not apply to a nonresident alien apply- SECTION 1. SHORT TITLE. was the home of the North Carolina ing for an individual taxpayer identification This Act may be cited as the ‘‘Veterans Shipbuilding Company. The shipyard number for the purpose of claiming tax trea- Small Business Enhancement Act of 2015’’. was created as part of the U.S. Govern- ty benefits. SEC. 2. ACCESS TO EXCESS OR SURPLUS PROP- ‘‘(6) TERM.— ment’s Emergency Shipbuilding Pro- ERTY FOR VETERAN-OWNED SMALL gram. Workers built 243 ships in Wil- ‘‘(A) IN GENERAL.—An individual taxpayer BUSINESSES. identification number issued after the date mington during the five years the com- Section 32(c)(3)(B) of the Small Business of the enactment of this subsection shall be Act (15 U.S.C. 657b(c)(3)(B)) is amended— pany operated. valid only for the 5-year period which in- (1) in clause (v), by striking ‘‘; and’’ and in- The city was the site of three pris- cludes the taxable year of the individual for serting a semicolon; oner-of-war, POW, camps from Feb- which such number is issued and the 4 suc- (2) in clause (vi), by striking the period at ruary 1944 through April 1946. At their ceeding taxable years. the end and inserting ‘‘; and’’; and peak, the camps held 550 German pris- ‘‘(B) RENEWAL OF ITIN.—Such number shall (3) by adding at the end the following new be valid for an additional 5-year period only oners. The first camp was located on clause: if it is renewed through an application which the corner of Shipyard Boulevard and ‘‘(vii) providing access to and managing satisfies the requirements under paragraphs Carolina Beach Road; the old Confed- the distribution of excess or surplus property (2) and (3). erate post Fort Fisher housed German owned by the United States to small busi- ‘‘(C) SPECIAL RULE FOR EXISTING ITINS.—In ness concerns owned and controlled by vet- prisoners and also served as a training the case of an individual with an individual erans, pursuant to a memorandum of under- site for the Coastal Artillery and anti- taxpayer identification number issued on or standing between the task force and the head aircraft units. A smaller contingent of before the date of the enactment of this sub- of the applicable state agency (as defined in prisoners was assigned to a smaller section, such number shall not be valid after section 549 of title 40, United States Code).’’. the earlier of— site, working in the officers’ mess and doing grounds keeping at Bluethenthal ‘‘(i) the end of the 3-year period beginning By Mr. TILLIS (for himself and on the date of the enactment of this sub- Army Air Field, which is now Wil- section, or Mr. BURR): mington International Airport. ‘‘(ii) the first taxable year beginning S. 1401. A bill to provide for the an- Bluethenthal Army Air Field was used after— nual designation of cities in the United by the United States Army Air Forces’ ‘‘(I) the date of the enactment of this sub- States as an ‘‘American World War II Third Air Force for antisubmarine pa- section, and City’’; to the Committee on Armed trols and training. ‘‘(II) any taxable year for which the indi- Services. vidual (or, if a dependent, on which the indi- I want to thank my colleague Sen- Mr. TILLIS. Mr. President, I am ator BURR for bringing this idea to es- vidual is included) did not make a return.’’. pleased to introduce legislation to di- (b) INTEREST.—Section 6611 of the Internal tablish a process to recognize Wil- Revenue Code of 1986 is amended by redesig- rect the Secretary of Veterans Affairs mington and other American cities for nating subsection (h) as subsection (i) and by to designate one city each year as a their efforts during the war years, to inserting after subsection (g) the following World War II city, beginning with Wil- the Senate. But I also wish to single new subsection: mington, NC, as America’s first World out Wilbur Jones, a Wilmington native ‘‘(h) SPECIAL RULE RELATING TO ITINS.— War II City. Notwithstanding any other provision of this and military historian who has poured section, no interest shall be allowed or paid The names of the 10,000 Tarheels, who so much of his time and soul into en- to or on behalf of an individual with respect paid the ultimate price in World War II suring that the people of southeastern to any overpayment until 45 days after an in- are memorialized on the bulkhead of North Carolina never forget the con- dividual taxpayer identification number is the battleship USS North Carolina in tributions of our state to victory in the issued to the individual.’’. downtown Wilmington. Atlantic and the Pacific. (c) AUDIT BY TIGTA.—Not later than two During World War II, the USS North years after the date of the enactment of this Carolina, known affectionately Act, and every 2 years thereafter, the Treas- By Mr. LEAHY (for himself and ury Inspector General for Tax Administra- throughout the Navy as the ‘‘Show- Mr. GRASSLEY): tion shall conduct an audit of the program of boat’’, ‘‘participated in every major S. 1402. A bill to allow acceleration the Internal Revenue Service for the naval offensive in the Pacific area of certificates awarded under the Patents issuance of individual taxpayer identifica- operations and earned 15 battle stars. for Humanity Program to be transfer- tion numbers pursuant to section 6109(i) of She steamed over 300,000 miles. Al- able; to the Committee on the Judici- the Internal Revenue Code of 1986. The re- though Japanese radio claimed six ary. port required by this subsection shall be sub- times that North Carolina had been Mr. LEAHY. Mr. President, the mitted to the Congress. (d) EFFECTIVE DATE.— sunk, she survived. American intellectual property system (1) SUBSECTION (a).—The amendment made After serving as a training vessel for is rightly held as the global standard by subsection (a) shall apply to requests for midshipmen, North Carolina was de- for promoting innovation and driving individual taxpayer identification numbers commissioned June 27, 1947 and placed economic growth. This is particularly made after the date of the enactment of this in the Inactive Reserve Fleet in Ba- true of our patent system. The funda- Act. yonne, New Jersey, for the next 14 mental truth that our Founders recog- (2) SUBSECTION (b).—The amendment made years. In 1958 the announcement of her nized more than 200 years ago, that by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date impending scrapping led to a statewide limited exclusive rights for inventors of the enactment of this Act. campaign by citizens of North Carolina incentivize research and development, to save the ship and bring her back to continues to benefit consumers and the By Mr. DURBIN: her home state. The Save Our Ship, American economy at large.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.014 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3188 CONGRESSIONAL RECORD — SENATE May 20, 2015 A healthy patent system should do concurrent resolution; which was re- under the Act have been used 1 time to over- more than drive economic develop- ferred to the Committee on Rules and turn a rule: Now, therefore, be it ment; it should incentivize research Administration: Resolved by the Senate (the House of Rep- and discoveries that advance humani- resentatives concurring), S. CON. RES. 17 tarian needs. I have worked to promote SECTION 1. SHORT TITLE. policies that encourage intellectual Whereas there are more than 3,500 rules This resolution may be cited as the ‘‘Regu- issued every year by more than 50 Federal lation Sensibility Through Oversight Res- property holders to apply their work to agencies; address global humanitarian chal- toration Resolution of 2015’’ or the ‘‘RE- Whereas a rule is defined in section 551 of STORE Resolution of 2015’’. lenges. Today, I continue that effort by title 5, United States Code, as ‘‘the whole or SEC. 2. JOINT SELECT COMMITTEE ON REGU- joining with Senator GRASSLEY to in- part of an agency statement of general or LATORY REFORM. particular applicability and future effect de- troduce the bipartisan Patents for Hu- There is established a joint select com- signed to implement, interpret, or prescribe manity Program Improvement Act. mittee to be known as the Joint Select Com- law or policy’’; This bipartisan legislation strength- mittee on Regulatory Reform (hereinafter in Whereas subchapter II of chapter 5, and ens a program created by the United this concurrent resolution referred to as the chapter 7, of title 5, United States Code ‘‘Joint Select Committee’’). States Patent and Trademark Office, (commonly known as the ‘‘Administrative PTO, in 2012. The PTO’s Patents for Procedure Act’’) established standards for SEC. 3. DUTIES OF JOINT SELECT COMMITTEE. Humanity Program provides rewards to the issuance of rules using formal rule- (a) DEFINITIONS.—In this section, the terms selected patent holders who use their making and informal rulemaking proce- ‘‘agency’’ and ‘‘rule’’ have the meanings invention to address a humanitarian dures; given those terms in section 551 of title 5, issue that significantly affects the pub- Whereas informal rulemaking, also known United States Code. lic health or quality of life of an im- as ‘‘notice and comment’’ rulemaking or (b) DUTIES.—The Joint Select Committee shall— poverished population. Those who re- ‘‘section 553’’ rulemaking, is the most com- mon type of rulemaking; (1) conduct a systematic review of the ceive the award are given a certificate Whereas in rulemaking proceedings, for- process by which rules are promulgated by to accelerate certain PTO processes, as mal hearings must be held and interested agencies; described in the program rules. parties must be given the chance to com- (2) hold hearings on the effects of and how The innovations that have been rec- ment on the proposed rule or regulation, and to reduce regulatory overreach in all sectors ognized by this program help under- once adopted, the rule or regulation is re- of the economy; served people throughout the world. quired to be published in the Federal Reg- (3) conduct a review of the Code of Federal Award winners have worked to improve ister; Regulations to identify rules and sets of the treatment and diagnosis of dev- Whereas, according to a 2005 study com- rules that should be repealed; and missioned by the Small Business Adminis- (4) submit to the Senate and the House of astating diseases, improve nutrition tration, the cost of all rules in effect was ap- Representatives— and the environment, and combat the proximately $1,100,000,000,000 per year, more (A) recommendations for legislation— spread of dangerous counterfeit drugs. than the people of the United States paid in (i) to create a process under which an agen- These are innovations that will make a Federal income taxes in 2009; cy, before promulgating a rule, shall— real difference in the lives of people Whereas, according to the 2014 Ten Thou- (I) seek advice from Congress; who are not always the beneficiaries of sand Commandments report by the Competi- (II) publish the proposed rule; cutting-edge technology. tive Enterprise Institute, the top 6 Federal (III) hold a public comment period on the Following a Judiciary Committee rulemaking agencies (which, in 2013, were proposed rule; the Departments of the Treasury, Commerce, (IV) seek advice from Congress based on hearing in 2012, I asked then-PTO Di- Interior, Health and Human Services, and the public comments; and rector Kappos whether the Patents for Transportation and the Environmental Pro- (V) hold issuance of the rule until Congress Humanity program would be more ef- tection Agency) account for 49.3 percent of can review the rule for a period of not more fective, and more attractive to all Federal rules; than 1 year; and innovators, if the acceleration certifi- Whereas, according to the 2014 Ten Thou- (ii) to create a process to appropriately cates awarded were transferable to a sand Commandments report by the Competi- sunset as many rules as possible; third party. He responded that it tive Enterprise Institute, small businesses (B) recommendations for ways to reduce would, and that it would be particu- pay more in per-employee regulatory costs, the financial burden placed on the various and firms with fewer than 20 employees pay sectors of the economy in order to comply larly beneficial to small businesses an average of $10,585 per employee, compared with rules; that win the award. Since that time, to $7,755 for those with 500 or more employ- (C) an analysis of the feasibility of the cre- other small start-ups and global health ees; ation of a permanent Joint Committee on groups have emphasized that making Whereas, according to the 2014 Ten Thou- Rules Review in accordance with subsection the certificates transferable would im- sand Commandments report by the Competi- (c); prove their usability and increase the tive Enterprise Institute, regulatory costs (D) an analysis of the feasibility of requir- incentives of the Patents for Humanity amount to an average of $14,974 per house- ing each agency to submit each proposed Award. The Patents for Humanity Pro- hold, which is 23 percent of the average rule of the agency to the appropriate com- household income of $65,596 and 29 percent of mittees of Congress for review in a similar gram Improvement Act makes this en- the expenditure budget of $51,442; manner as set forth for a permanent Joint hancement to the program. It is a Whereas, according to a 2011 study by the Committee on Rules Review under sub- straightforward, cost-neutral bill that Weidenbaum Center at Washington Univer- section (c); and will strengthen this award and encour- sity, it is estimated that the budgetary cost (E) a list of rules and sets of rules that the age innovations to be used for humani- of administering and enforcing Federal regu- Joint Select Committee recommends should tarian goods. lations by Federal agencies for fiscal year be repealed. When Congress can establish policies 2012 amounted to more than $57 billion (in (c) ANALYSIS OF PERMANENT JOINT COM- that provide business incentives for hu- 2005 dollars), which represents a 10.5 percent MITTEE ON RULES REVIEW.—The Joint Select increase in 2 years; Committee shall analyze the feasibility of manitarian endeavors, it should not Whereas chapter 8 of title 5, United States the creation of a permanent Joint Com- hesitate to act. I urge the Senate to Code (commonly known as the ‘‘Congres- mittee on Rules Review. The Joint Com- work swiftly to pass this legislation. sional Review Act’’) established a mecha- mittee on Rules Review would— f nism through which Congress could overturn (1) review each proposed rule that an agen- Federal regulations by enacting a joint reso- cy determines is likely to have an annual ef- SUBMITTED RESOLUTIONS lution of disapproval; fect on the economy of $50,000,000 or more be- Whereas the Congressional Review Act re- fore the agency promulgates the final rule; quires that rules that have a $100,000,000 ef- (2) require each agency to submit to the SENATE CONCURRENT RESOLU- fect or more on the economy are submitted Committee— TION 17—ESTABLISHING A JOINT by agencies to both Houses of Congress and (A) the text of each proposed rule of the SELECT COMMITTEE TO AD- the Government Accountability Office and agency described in paragraph (1); and DRESS REGULATORY REFORM have a delayed effective date of not less than (B) an analysis of the economic impact of 60 days to pass a resolution of disapproval re- the rule on the economy; Mr. ROUNDS (for himself, Mr. jecting the rule, which must be approved by (3) require each agency to revise a proposed MANCHIN, Mr. THUNE, Mr. INHOFE, Mrs. the President; and rule submitted under paragraph (2) if the CAPITO, Mr. RISCH, Mr. HOEVEN, and Whereas, since the enactment of the Con- Committee determines that the proposed Ms. COLLINS) submitted the following gressional Review Act in 1996, the procedures rule—

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(A) needs to be significantly rewritten to (b) ADDITIONAL RULES AND PROCEDURES.— (B) MAJORITY STAFF.—The majority staff accomplish the intent of the agency or ad- The Joint Select Committee may adopt such shall be appointed, and may be removed, by dress the recommendations or objections of additional rules or procedures if the Chair- the Chairperson and shall work under the the Committee; person and Vice Chairperson agree, or if the general supervision and direction of the (B) is not a valid exercise of delegated au- Joint Select Committee by majority vote so Chairperson. thority from Congress; decides, that such additional rules or proce- (C) MINORITY STAFF.—The minority staff (C) is not in proper form; dures are necessary or advisable to conduct shall be appointed, and may be removed, by (D) is inconsistent with the intent of Con- the duties of the Joint Select Committee. the Vice Chairperson and shall work under gress with respect to the provision of law SEC. 6. AUTHORITY OF JOINT SELECT COM- the general supervision and direction of the that the proposed rule implements; or MITTEE. Vice Chairperson. (E) is not a reasonable implementation of (a) IN GENERAL.—The Joint Select Com- (D) NONDESIGNATED STAFF.—Nondesignated the law; mittee may exercise all of the powers and re- staff shall be appointed, and may be re- (4) delay the effective date of a proposed sponsibilities of a committee under rule moved, jointly by the Chairperson and Vice rule for a period of not more than 1 year be- XXVI of the Standing Rules of the Senate. Chairperson, and shall work under the joint ginning on the date on which the agency sub- (b) POWERS.—The Joint Select Committee general supervision and direction of the mits the proposed rule under paragraph (2); may, for the purpose of carrying out this res- Chairperson and Vice Chairperson. (5) allow an agency to promulgate a final olution— (b) COMPENSATION.— rule without any delay in the effective date (1) hold such hearings, sit and act at such (1) MAJORITY STAFF.—The Chairperson of the rule if the agency designates the rule times and places, take such testimony, re- shall fix the compensation of all personnel of as an emergency rule, unless the Committee ceive such evidence, and administer such the majority staff of the Joint Select Com- by majority vote determines that the rule is oaths as the Joint Select Committee con- mittee. not an emergency rule; and siders advisable; and (2) MINORITY STAFF.—The Vice Chairperson (6) if applicable, recommend that Congress (2) authorize and require, by issuance of shall fix the compensation of all personnel of should overturn a final rule promulgated by subpoena or otherwise, the attendance and the minority staff of the Joint Select Com- an agency by enacting a joint resolution of testimony of witnesses and the preservation mittee. disapproval. and production of books, records, cor- (3) NONDESIGNATED STAFF.—The Chair- SEC. 4. COMPOSITION OF JOINT SELECT COM- respondence, memoranda, papers, docu- person and Vice Chairperson shall jointly fix MITTEE. ments, tapes, and any other materials in the compensation of all nondesignated staff (a) MEMBERSHIP.— whatever form the Joint Select Committee of the Joint Select Committee. (1) IN GENERAL.—The Joint Select Com- considers advisable. (4) PAY AND BENEFITS.—All employees of mittee shall be composed of 30 members, of (c) SUBPOENAS.—Subpoenas authorized by the Joint Select Committee shall be treated whom— the Joint Select Committee— as employees of the Senate for purposes of (A) 15 shall be appointed by the majority (1) may be issued with the joint concur- disbursing pay and processing benefits. and the minority leaders of the Senate from rence of the Chairperson and Vice Chair- (c) FACILITIES.—The Joint Select Com- among Members of the Senate in a manner person; mittee may use, with the prior consent of that reflects the ratio of the number of Mem- (2) shall bear the signature of the Chair- the chair of any other committee of the Sen- bers of the Senate from the majority party person and Vice Chairperson, or the designee ate or the House of Representatives or the to the number of Members of the Senate of the Chairperson or Vice Chairperson; and chair of any subcommittee of any committee from the minority party on the date of en- (3) shall be served by any person or class of of the Senate or the House of Representa- actment of this Act; and persons designated by the Chairperson and tives, the facilities of any other committee (B) 15 shall be appointed by the Speaker Vice Chairperson for that purpose anywhere of the Senate or the House of Representa- and the minority leader of the House of Rep- within or without the borders of the United tives, whenever the Joint Select Committee resentatives among Members of the House of States to the full extent provided by law. or the Chairperson and Vice Chairperson Representatives in a manner that reflects (d) ACCESS TO INFORMATION.—The Joint Se- consider that such action is necessary or ap- the ratio of the number of members of the lect Committee shall have, to the fullest ex- propriate to enable the Joint Select Com- House of Representatives from the majority tent permitted by law, access to any such in- mittee to carry out the responsibilities, du- party to the number of Members of the formation or materials obtained by any ties, or functions of the Joint Select Com- House of Representatives from the minority other department or agency of the Federal mittee under this resolution. party on the date of enactment of this Act. Government or by any other governmental (d) DETAIL OF EMPLOYEES.—The Joint Se- lect Committee may use on a reimbursable (2) DATE.—The appointments of the mem- department, agency, or body investigating bers of the Joint Select Committee shall be the matters described in section 3(b). basis, with the prior consent of the head of made not later than 30 days after the date of (e) COOPERATION OF OTHER COMMITTEES.—In the department or agency of the Federal adoption of this concurrent resolution. carrying out the duties of the Joint Select Government concerned and the approval of (b) VACANCIES.—Any vacancy in the Joint Committee, the Joint Select Committee may the Committee on Rules and Administration Select Committee shall not affect its powers, obtain the input and cooperation of any of the Senate, the services of personnel of but shall be filled in the same manner as the other standing committee of the Senate or the department or agency. (e) TEMPORARY AND INTERMITTENT SERV- original appointment. the House of Representatives. ICES.—The Joint Select Committee may pro- (c) CHAIRPERSON AND VICE CHAIRPERSON.— SEC. 7. REPORTS. cure the temporary or intermittent services (1) CHAIRPERSON.—The members of the (a) IN GENERAL.—Not later than 90 days of individual consultants or organizations. Joint Select Committee shall elect a Chair- after the date on which the Joint Select (f) ETHICS.—The Joint Select Committee person for the Joint Select Committee by Committee terminates, the Joint Select shall establish ethical rules for the members majority vote from each of— Committee shall submit to the Senate and and employees of the Joint Select Com- (A) the members of the majority party of the House of Representatives a report, which mittee, which shall, to the extent prac- the Senate; and shall contain— ticable, be comparable to the ethical rules (B) the members of the majority party of (1) the results and findings of the reviews that apply to employees of the Senate. the House of Representatives. and hearings carried out by the Joint Select (g) AUTHORIZATION OF APPROPRIATIONS.— (2) VICE CHAIRPERSON.—The members of the Committee pursuant to this resolution; and For the expenses of the Joint Select Com- Joint Select Committee shall elect a Vice (2) any information required to be sub- mittee, there are authorized to be appro- Chairperson for the Joint Select Committee mitted under section 3(b)(4). priated $3,000,000 for fiscal year 2016, to re- by majority vote from each of— (b) INTERIM REPORTS.—The Joint Select main available until expended. (A) the members of the minority party of Committee may submit to the Senate and SEC. 9. EFFECTIVE DATE; TERMINATION. the Senate; and the House of Representatives such interim (a) EFFECTIVE DATE.—This resolution shall (B) the members of the minority party of reports as the Joint Select Committee con- take effect on the date of adoption of this the House of Representatives. siders appropriate. concurrent resolution. (d) QUORUM.—A majority of the members of SEC. 8. ADMINISTRATIVE PROVISIONS. (b) TERMINATION.—The Joint Select Com- the Joint Select Committee each from the (a) STAFF.— mittee shall terminate on the date that is 1 Senate and the House of Representatives (1) IN GENERAL.—The Joint Select Com- year after the appointment of the members shall constitute a quorum for the purpose of mittee may employ in accordance with para- of the Joint Select Committee. conducting the business of the Joint Select graph (2) a staff composed of such clerical, (c) DISPOSITION OF RECORDS.—Upon termi- Committee. investigatory, legal, technical, and other nation of the Joint Select Committee, the SEC. 5. RULES AND PROCEDURES. personnel as the Joint Select Committee records of the Joint Select Committee shall (a) GOVERNANCE UNDER STANDING RULES OF considers necessary or appropriate. become the records of any committee or THE SENATE.—Except as otherwise specifi- (2) APPOINTMENT OF STAFF.— committees designated by the majority lead- cally provided in this resolution, the inves- (A) IN GENERAL.—The Joint Select Com- er of the Senate and the Speaker of the tigations and hearings conducted by the mittee shall appoint a staff for the majority, House of Representatives, with the concur- Joint Select Committee shall be governed by a staff for the minority, and a nondesignated rence of the minority leader of the Senate the Standing Rules of the Senate. staff. and the House of Representatives.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.017 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3190 CONGRESSIONAL RECORD — SENATE May 20, 2015 AMENDMENTS SUBMITTED AND SA 1428. Mr. SANDERS submitted an the trade authorities procedures should be PROPOSED amendment intended to be proposed to extended to implementing bills described in amendment SA 1221 proposed by Mr. HATCH paragraph (1)(B), the President shall submit SA 1412. Mr. MANCHIN submitted an to the bill H.R. 1314, supra; which was or- to Congress, not later than April 1, 2018, a amendment intended to be proposed to dered to lie on the table. written report that contains a request for amendment SA 1221 proposed by Mr. HATCH SA 1429. Mr. SANDERS submitted an such extension, together with— to the bill H.R. 1314, to amend the Internal amendment intended to be proposed to (A) a description of all trade agreements Revenue Code of 1986 to provide for a right to amendment SA 1221 proposed by Mr. HATCH that have been negotiated under subsection an administrative appeal relating to adverse to the bill H.R. 1314, supra; which was or- (b) and the anticipated schedule for submit- determinations of tax-exempt status of cer- dered to lie on the table. ting such agreements to Congress for ap- tain organizations; which was ordered to lie SA 1430. Mr. MENENDEZ submitted an proval; on the table. amendment intended to be proposed to SA 1413. Mr. MANCHIN (for himself and (B) a description of the progress that has amendment SA 1221 proposed by Mr. HATCH been made in negotiations to achieve the Ms. WARREN) submitted an amendment in- to the bill H.R. 1314, supra; which was or- tended to be proposed to amendment SA 1221 purposes, policies, priorities, and objectives dered to lie on the table. of this title, and a statement that such proposed by Mr. HATCH to the bill H.R. 1314, SA 1431. Mr. TILLIS submitted an amend- supra; which was ordered to lie on the table. progress justifies the continuation of nego- ment intended to be proposed by him to the tiations; and SA 1414. Mr. MANCHIN submitted an bill H.R. 1314, supra; which was ordered to lie amendment intended to be proposed to (C) a statement of the reasons why the ex- on the table. tension is needed to complete the negotia- amendment SA 1221 proposed by Mr. HATCH SA 1432. Mr. FRANKEN (for himself and tions. to the bill H.R. 1314, supra; which was or- Ms. STABENOW) submitted an amendment in- (3) OTHER REPORTS TO CONGRESS.— dered to lie on the table. tended to be proposed to amendment SA 1221 SA 1415. Ms. CANTWELL submitted an (A) REPORT BY THE ADVISORY COMMITTEE.— proposed by Mr. HATCH to the bill H.R. 1314, amendment intended to be proposed to The President shall promptly inform the Ad- supra; which was ordered to lie on the table. visory Committee for Trade Policy and Ne- amendment SA 1221 proposed by Mr. HATCH SA 1433. Ms. BALDWIN submitted an gotiations established under section 135 of to the bill H.R. 1314, supra; which was or- amendment intended to be proposed to dered to lie on the table. the Trade Act of 1974 (19 U.S.C. 2155) of the amendment SA 1312 submitted by Mr. INHOFE SA 1416. Mrs. SHAHEEN submitted an decision of the President to submit a report (for himself and Mr. COONS) to the amend- amendment intended to be proposed to to Congress under paragraph (2). The Advi- ment SA 1221 proposed by Mr. HATCH to the amendment SA 1221 proposed by Mr. HATCH sory Committee shall submit to Congress as bill H.R. 1314, supra; which was ordered to lie to the bill H.R. 1314, supra; which was or- soon as practicable, but not later than June on the table. dered to lie on the table. 1, 2018, a written report that contains— SA 1434. Mr. HATCH submitted an amend- SA 1417. Ms. HEITKAMP submitted an (i) its views regarding the progress that ment intended to be proposed to amendment amendment intended to be proposed to has been made in negotiations to achieve the SA 1251 submitted by Mr. BROWN (for him- amendment SA 1221 proposed by Mr. HATCH purposes, policies, priorities, and objectives self, Mr. PETERS, Mr. SCHUMER, Ms. STABE- to the bill H.R. 1314, supra; which was or- of this title; and NOW, Mr. MENENDEZ, and Mr. CASEY) to the dered to lie on the table. (ii) a statement of its views, and the rea- amendment SA 1221 proposed by Mr. HATCH SA 1418. Mr. DAINES submitted an amend- sons therefor, regarding whether the exten- to the bill H.R. 1314, supra; which was or- ment intended to be proposed to amendment sion requested under paragraph (2) should be dered to lie on the table. SA 1221 proposed by Mr. HATCH to the bill approved or disapproved. H.R. 1314, supra; which was ordered to lie on SA 1435. Mr. HATCH submitted an amend- ment intended to be proposed to amendment (B) REPORT BY INTERNATIONAL TRADE COM- the table. MISSION.—The President shall promptly in- SA 1327 submitted by Ms. WARREN (for her- SA 1419. Mr. SULLIVAN submitted an form the United States International Trade self, Ms. HEITKAMP, Mr. MANCHIN, Mr. DUR- amendment intended to be proposed to Commission of the decision of the President BIN, Mrs. BOXER, Mr. BROWN, Mr. CASEY, Mr. amendment SA 1221 proposed by Mr. HATCH to submit a report to Congress under para- FRANKEN, Mr. BLUMENTHAL, Ms. BALDWIN, to the bill H.R. 1314, supra; which was or- graph (2). The International Trade Commis- Mr. MARKEY, Mr. PETERS , Mr. WHITEHOUSE, dered to lie on the table. sion shall submit to Congress as soon as SA 1420. Mr. SULLIVAN submitted an Mr. SCHATZ, Mr. UDALL, and Mr. HEINRICH) to the amendment SA 1221 proposed by Mr. practicable, but not later than June 1, 2018, amendment intended to be proposed to a written report that contains a review and amendment SA 1221 proposed by Mr. HATCH HATCH to the bill H.R. 1314, supra; which was ordered to lie on the table. analysis of the economic impact on the to the bill H.R. 1314, supra; which was or- United States of all trade agreements imple- dered to lie on the table. f mented between the date of the enactment of SA 1421. Mr. BLUMENTHAL (for himself this Act and the date on which the President and Mr. BROWN) submitted an amendment in- TEXT OF AMENDMENTS decides to seek an extension requested under tended to be proposed to amendment SA 1221 SA 1412. Mr. MANCHIN submitted an paragraph (2). proposed by Mr. HATCH to the bill H.R. 1314, amendment intended to be proposed to (4) STATUS OF REPORTS.—The reports sub- supra; which was ordered to lie on the table. amendment SA 1221 proposed by Mr. SA 1422. Mr. HEINRICH submitted an mitted to Congress under paragraphs (2) and amendment intended to be proposed to HATCH to the bill H.R. 1314, to amend (3), or any portion of such reports, may be classified to the extent the President deter- amendment SA 1221 proposed by Mr. HATCH the Internal Revenue Code of 1986 to to the bill H.R. 1314, supra; which was or- provide for a right to an administrative mines appropriate. XTENSION APPROVAL RESOLUTION.—(A) dered to lie on the table. appeal relating to adverse determina- (5) E For purposes of paragraph (1), the term ‘‘ex- SA 1423. Mrs. SHAHEEN submitted an tions of tax-exempt status of certain amendment intended to be proposed to tension approval resolution’’ means a joint organizations; which was ordered to lie resolution the sole matter after the resolv- amendment SA 1248 submitted by Ms. CANT- on the table; as follows: WELL and intended to be proposed to the ing clause of which is as follows: ‘‘That Con- amendment SA 1221 proposed by Mr. HATCH Beginning on page 45, strike line 10 and all gress approves the request of the President to the bill H.R. 1314, supra; which was or- that follows through page 49, line 20, and in- for the extension, under section dered to lie on the table. sert the following: 103(c)(1)(B)(i) of the Bipartisan Congressional SA 1424. Mrs. FEINSTEIN submitted an (c) EXTENSION APPROVAL PROCESS FOR CON- Trade Priorities and Accountability Act of amendment intended to be proposed to GRESSIONAL TRADE AUTHORITIES PROCE- 2015, of the trade authorities procedures amendment SA 1221 proposed by Mr. HATCH DURES.— under that Act to any implementing bill sub- to the bill H.R. 1314, supra; which was or- (1) IN GENERAL.—Except as provided in sec- mitted with respect to any trade agreement dered to lie on the table. tion 106(b)— entered into under section 103(b) of that Act SA 1425. Ms. HIRONO submitted an amend- (A) the trade authorities procedures apply after June 30, 2018.’’. ment intended to be proposed to amendment to implementing bills submitted with re- (B) Extension approval resolutions— SA 1221 proposed by Mr. HATCH to the bill spect to trade agreements entered into under (i) may be introduced in either House of H.R. 1314, supra; which was ordered to lie on subsection (b) before July 1, 2018; and Congress by any member of such House; and the table. (B) the trade authorities procedures shall (ii) shall be referred, in the House of Rep- SA 1426. Ms. HIRONO submitted an amend- be extended to implementing bills submitted resentatives, to the Committee on Ways and ment intended to be proposed to amendment with respect to trade agreements entered Means and, in addition, to the Committee on SA 1221 proposed by Mr. HATCH to the bill into under subsection (b) after June 30, 2018, Rules. H.R. 1314, supra; which was ordered to lie on and before July 1, 2021, if (and only if)— (C) The provisions of subsections (d) and (e) the table. (i) the President requests such extension of section 152 of the Trade Act of 1974 (19 SA 1427. Mr. SCHATZ submitted an amend- under paragraph (2); and U.S.C. 2192) (relating to the floor consider- ment intended to be proposed to amendment (ii) an extension approval resolution is en- ation of certain resolutions in the House and SA 1221 proposed by Mr. HATCH to the bill acted under paragraph (5) before July 1, 2018. Senate) apply to extension approval resolu- H.R. 1314, supra; which was ordered to lie on (2) REPORT TO CONGRESS BY THE PRESI- tions. the table. DENT.—If the President is of the opinion that (D) It is not in order for—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.018 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3191 (i) the House of Representatives to con- TITLE III—MISCELLANEOUS impacts of the covered trade agreement on sider any extension approval resolution not SEC. 301. EXTENSION OF AUTHORITY OF EXPORT- small entities, which shall— reported by the Committee on Ways and IMPORT BANK OF THE UNITED ‘‘(i) identify the most important priorities, Means and, in addition, by the Committee on STATES. opportunities, and challenges to various in- Rules; (a) IN GENERAL.—Section 7 of the Export- dustries from the covered trade agreement; (ii) the Senate to consider any extension Import Bank Act of 1945 (12 U.S.C. 635f) is ‘‘(ii) assess the impact for new small enti- approval resolution not reported by the Com- amended by striking ‘‘September 30, 2014’’ ties to start exporting, or increase their ex- mittee on Finance; or and inserting ‘‘December 31, 2015’’. ports, to markets in the covered trade agree- (iii) either House of Congress to consider (b) DUAL-USE EXPORTS.—Section 1(c) of ment; an extension approval resolution after June Public Law 103–428 (12 U.S.C. 635 note) is ‘‘(iii) analyze the competitive position of 30, 2018. amended by striking ‘‘September 30, 2014’’ industries likely to be significantly affected and inserting ‘‘December 31, 2015’’. by the covered trade agreement; SA 1413. Mr. MANCHIN (for himself (c) SUB-SAHARAN AFRICA ADVISORY COM- ‘‘(iv) identify— and Ms. WARREN) submitted an amend- MITTEE.—Section 2(b)(9)(B)(iii) of the Export- ‘‘(I) any State-owned enterprises in each ment intended to be proposed to Import Bank Act of 1945 (12 U.S.C. country pertaining to the covered trade 635(b)(9)(B)(iii)) is amended by striking ‘‘Sep- agreement that could be pose a threat to amendment SA 1221 proposed by Mr. tember 30, 2014’’ and inserting ‘‘December 31, small entities; and HATCH to the bill H.R. 1314, to amend 2015’’. ‘‘(II) any steps to take to create a level- the Internal Revenue Code of 1986 to (d) EFFECTIVE DATE.—The amendments playing field for those small entities; provide for a right to an administrative made by this section shall take effect on the ‘‘(v) identify any rule of an agency that appeal relating to adverse determina- earlier of the date of the enactment of this should be modified to become compliant tions of tax-exempt status of certain Act or June 30, 2015. with the covered trade agreement; and organizations; which was ordered to lie ‘‘(vi) include an overview of the method- Mrs. SHAHEEN submitted ology used to develop the report, including on the table; as follows: SA 1416. an amendment intended to be proposed the number of small entity participants by On page 78, line 22, strike ‘‘as a whole’’ and to amendment SA 1221 proposed by Mr. industry, how those small entities were se- insert ‘‘as a whole, on the economy of each HATCH to the bill H.R. 1314, to amend lected, and any other factors that the Chief State,’’. the Internal Revenue Code of 1986 to Counsel may determine appropriate. ‘‘(B) To ensure that negotiations for the provide for a right to an administrative SA 1414. Mr. MANCHIN submitted an covered trade agreement are not disrupted, amendment intended to be proposed to appeal relating to adverse determina- the President may require that the Chief amendment SA 1221 proposed by Mr. tions of tax-exempt status of certain Counsel delay submission of the report under organizations; which was ordered to lie subparagraph (A) until after the negotiations HATCH to the bill H.R. 1314, to amend of the covered trade agreement are con- the Internal Revenue Code of 1986 to on the table; as follows: At the end of section 109, add the fol- cluded, provided that the delay allows the provide for a right to an administrative Chief Counsel to submit the report to Con- appeal relating to adverse determina- lowing: (c) OUTREACH AND INPUT FROM SMALL BUSI- gress not later than 45 days before the Sen- tions of tax-exempt status of certain NESSES TO TRADE PROMOTION AUTHORITY.— ate or the House of Representatives acts to organizations; which was ordered to lie Section 609 of title 5, United States Code, is approve or disapprove the covered trade on the table; as follows: amended by adding at the end the following: agreement. ‘‘(C) The Chief Counsel shall, to the extent Beginning on page 44, strike line 10 and all ‘‘(f)(1) Not later than 30 days after the date practicable, coordinate the submission of the that follows through page 45, line 9, and in- on which the President submits the notifica- report under this paragraph with the United sert the following: tion required under section 5(a) of the Bipar- States International Trade Commission, the (3) IMPLEMENTING BILLS.— tisan Congressional Trade Priorities and Ac- United States Trade Representative, other (A) IN GENERAL.—Notwithstanding any countability Act of 2015, the Chief Counsel agencies, and trade advisory committees to other provision of this Act, the President for Advocacy of the Small Business Adminis- avoid unnecessary duplication of reporting shall submit to Congress under section tration (in this subsection referred to as the requirements.’’. 106(a)(1), with respect to each trade agree- ‘Chief Counsel’) shall convene an Inter- TATE TRADE EXPANSION PROGRAM.— ment entered into under this subsection, the agency Working Group (in this subsection re- (d) S Section 22 of the Small Business Act (15 following: ferred to as the ‘Working Group’), which U.S.C. 652) is amended— (i) A bill providing for the approval of the shall consist of an employee from each of the (1) by redesignating subsection (l) as sub- trade agreement. following agencies, as selected by the head of section (m); and (ii) A bill providing for the approval of the the agency or an official delegated by the (2) by inserting after subsection (k) the fol- statement of administrative action, if any, head of the agency: lowing: proposed to implement the trade agreement. ‘‘(A) The Office of the United States Trade (iii) If changes in existing laws or new stat- Representative. ‘‘(l) STATE TRADE EXPANSION PROGRAM.— utory authority are required to implement ‘‘(B) The Department of Commerce. ‘‘(1) DEFINITIONS.—In this subsection— the trade agreement, a bill containing such ‘‘(C) The Department of Agriculture. ‘‘(A) the term ‘eligible small business con- provisions as are strictly necessary or appro- ‘‘(D) Any other agency that the Chief cern’ means a business concern that— priate to implement the trade agreement, ei- Counsel, in consultation with the United ‘‘(i) is organized or incorporated in the ther repealing or amending existing laws or States Trade Representative, determines to United States; providing new statutory authority. be relevant with respect to the subject of the ‘‘(ii) is operating in the United States; (B) PROHIBITION ON CONSOLIDATING BILLS.— trade agreement being negotiated pursuant ‘‘(iii) meets— The President may not consolidate the bills to section 3(b) of the Bipartisan Congres- ‘‘(I) the applicable industry-based small described in clauses (i), (ii), and (iii) of sub- sional Trade Priorities and Accountability business size standard established under sec- paragraph (A). Act of 2015 (in this subsection referred to as tion 3; or (C) APPLICABILITY OF TRADE AUTHORITIES the ‘covered trade agreement’). ‘‘(II) the alternate size standard applicable PROCEDURES.—The provisions of section 151 ‘‘(2) Not later than 30 days after the date to the program under section 7(a) of this Act of the Trade Act of 1974 (in this title referred on which the Chief Counsel convenes the and the loan programs under title V of the to as ‘‘trade authorities procedures’’) apply Working Group under paragraph (1), the Small Business Investment Act of 1958 (15 to a bill described in subparagraph (A). Such Chief Counsel shall identify a diverse group U.S.C. 695 et seq.); a bill shall hereafter in this title be referred of small entities, representatives of small ‘‘(iv) has been in business for not less than to as an ‘‘implementing bill’’. entities, or a combination thereof, to provide 1 year, as of the date on which assistance to the Working Group the views of small using a grant under this subsection com- Ms. CANTWELL submitted businesses in the manufacturing, services, mences; and SA 1415. and agriculture industries on the potential ‘‘(v) has access to sufficient resources to an amendment intended to be proposed economic effects of the covered trade agree- bear the costs associated with trade, includ- to amendment SA 1221 proposed by Mr. ment. ing the costs of packing, shipping, freight HATCH to the bill H.R. 1314, to amend ‘‘(3)(A) Not later than 180 days after the forwarding, and customs brokers; the Internal Revenue Code of 1986 to date on which the Chief Counsel convenes ‘‘(B) the term ‘program’ means the State provide for a right to an administrative the Working Group under paragraph (1), the Trade Expansion Program established under appeal relating to adverse determina- Chief Counsel shall submit to the Committee paragraph (2); tions of tax-exempt status of certain on Small Business and Entrepreneurship and ‘‘(C) the term ‘rural small business con- organizations; which was ordered to lie the Committee on Finance of the Senate and cern’ means an eligible small business con- the Committee on Small Business and the cern located in a rural area, as that term is on the table; as follows: Committee on Ways and Means of the House defined in section 1393(a)(2) of the Internal At the end, add the following: of Representatives a report on the economic Revenue Code of 1986;

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.019 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3192 CONGRESSIONAL RECORD — SENATE May 20, 2015 ‘‘(D) the term ‘socially and economically sure proper coordination and reduce duplica- on Small Business and Entrepreneurship of disadvantaged small business concern’ has tion in services; and the Senate and the Committee on Small the meaning given that term in section ‘‘(II) document the consultation conducted Business of the House of Representatives a 8(a)(4)(A) of the Small Business Act (15 under subclause (I) in the application sub- report regarding the use of amounts made U.S.C. 637(a)(4)(A)); and mitted under clause (i). available under the State Trade and Export ‘‘(E) the term ‘State’ means each of the ‘‘(4) COMPETITIVE BASIS.—The Associate Promotion Grant Program under section 1207 several States, the District of Columbia, the Administrator shall award grants under the of the Small Business Jobs Act of 2010 (15 Commonwealth of Puerto Rico, the Virgin program on a competitive basis. U.S.C. 649b note). Islands, Guam, the Commonwealth of the ‘‘(5) FEDERAL SHARE.—The Federal share of ‘‘(ii) NEW STEP PROGRAM.—Not later than 18 Northern Mariana Islands, and American the cost of an trade expansion program car- months after the date on which the first Samoa. ried out using a grant under the program grant is awarded under this subsection, the ‘‘(2) ESTABLISHMENT OF PROGRAM.—The As- shall be— Inspector General of the Administration sociate Administrator shall establish a trade ‘‘(A) for a State that has a high trade vol- shall submit to the Committee on Small expansion program, to be known as the ume, as determined by the Associate Admin- Business and Entrepreneurship of the Senate ‘State Trade Expansion Program’, to make istrator, not more than 65 percent; and and the Committee on Small Business of the grants to States to carry out programs that ‘‘(B) for a State that does not have a high House of Representatives a report regarding assist eligible small business concerns in— trade volume, as determined by the Asso- the review conducted under subparagraph ‘‘(A) a market expansion sales trip; ciate Administrator, not more than 75 per- (A). cent. ‘‘(B) a subscription to services provided by ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) NON-FEDERAL SHARE.—The non-Federal the Department of Commerce; There is authorized to be appropriated to share of the cost of a trade expansion pro- ‘‘(C) the payment of website fees; carry out the program— gram carried out using a grant under the ‘‘(D) the design of marketing media; ‘‘(A) $30,000,000 for fiscal year 2016; program shall be comprised of not less than ‘‘(E) a trade show exhibition; ‘‘(B) $35,000,000 for fiscal year 2017; 50 percent cash and not more than 50 percent ‘‘(F) participation in training workshops; ‘‘(C) $40,000,000 for fiscal year 2018; of indirect costs and in-kind contributions, ‘‘(D) $45,000,000 for fiscal year 2019; and ‘‘(G) a reverse trade mission; except that no such costs or contributions ‘‘(H) procurement of consultancy services ‘‘(E) $50,000,000 for fiscal year 2020.’’. may be derived from funds from any other (e) MEMBERSHIP OF REPRESENTATIVES OF (after consultation with the Department of Federal program. Commerce to avoid duplication); or STATE TRADE PROMOTION AGENCIES ON TRADE ‘‘(7) REPORTS.— ‘‘(I) any other initiative determined appro- PROMOTION COORDINATING COMMITTEE.—Sec- ‘‘(A) INITIAL REPORT.—Not later than 120 priate by the Associate Administrator. tion 2312 of the Export Enhancement Act of days after the date of enactment of this sub- 1988 (15 U.S.C. 4727) is amended— ‘‘(3) GRANTS.— section, the Associate Administrator shall (1) in subsection (d)— ‘‘(A) JOINT REVIEW.—In carrying out the submit to the Committee on Small Business (A) by redesignating paragraph (2) as para- program, the Associate Administrator may and Entrepreneurship of the Senate and the graph (3); and make a grant to a State to increase the num- Committee on Small Business of the House (B) by inserting after paragraph (1) the fol- ber of eligible small business concerns in the of Representatives a report, which shall in- lowing: State exploring significant new trade oppor- clude— ‘‘(2) REPRESENTATIVES FROM STATE TRADE tunities. ‘‘(i) a description of the structure of and PROMOTION AGENCIES.— ‘‘(B) CONSIDERATIONS.—In making grants procedures for the program; ‘‘(A) IN GENERAL.—The TPCC shall also in- under this subsection, the Associate Admin- ‘‘(ii) a management plan for the program; clude 1 or more members appointed by the istrator may give priority to an application and President, after consultation with associa- by a State that proposes a program that— ‘‘(iii) a description of the merit-based re- tions representing State trade promotion ‘‘(i) focuses on eligible small business con- view process to be used in the program. agencies, who are representatives of State cerns as part of a trade expansion program; ‘‘(B) ANNUAL REPORTS.— trade promotion agencies. ‘‘(ii) demonstrates intent to promote trade ‘‘(i) IN GENERAL.—The Associate Adminis- ‘‘(B) TERM.—A member appointed under expansion by— trator shall publish on the website of the Ad- subparagraph (A) shall be appointed for a ‘‘(I) socially and economically disadvan- ministration an annual report regarding the term of 2 years. taged small business concerns; program, which shall include— ‘‘(C) PERSONNEL MATTERS.— ‘‘(II) small business concerns owned or con- ‘‘(I) the number and amount of grants ‘‘(i) NO COMPENSATION.—A member of the trolled by women; and made under the program during the pre- TPCC appointed under subparagraph (A) ‘‘(III) rural small business concerns; and ceding year; shall serve without compensation. ‘‘(iii) includes— ‘‘(II) a list of the States receiving a grant ‘‘(ii) TRAVEL EXPENSES.—A member of the ‘‘(I) activities which have resulted in the under the program during the preceding TPCC appointed under subparagraph (A) highest return on investment based on the year, including the activities being per- shall be allowed travel expenses, including most recent year; and formed with each grant; per diem in lieu of subsistence, at rates au- ‘‘(II) the adoption of shared best practices ‘‘(III) the effect of each grant on the eligi- thorized for employees of agencies under sub- included in the annual report of the Admin- ble small business concerns in the State re- chapter I of chapter 57 of title 5, United istration. ceiving the grant; States Code, while away from the homes or ‘‘(C) LIMITATIONS.— ‘‘(IV) the total return on investment for regular place of business of the member in ‘‘(i) SINGLE APPLICATION.—A State may not each State; and the performance of services for the TPCC. submit more than 1 application for a grant ‘‘(V) a description of best practices by ‘‘(iii) ADMINISTRATIVE ASSISTANCE.—The under the program in any 1 fiscal year. States that showed high returns on invest- Secretary of Commerce, or the head of an- ‘‘(ii) PROPORTION OF AMOUNTS.—The total ment and significant progress in helping other agency, as appropriate, shall make value of grants made under the program dur- more eligible small business concerns. available to a member of the TPCC ap- ing a fiscal year to the 10 States with the ‘‘(ii) NOTICE TO CONGRESS.—On the date on pointed under subparagraph (A) administra- highest percentage of eligible small business which the Associate Administrator publishes tive services and assistance, including a se- concerns, based upon the most recent data a report under clause (i), the Associate Ad- curity clearance, as the member may reason- available from the Department of Commerce, ministrator shall notify the Committee on ably require to carry out services for the shall be not more than 40 percent of the Small Business and Entrepreneurship of the TPCC.’’; and amounts appropriated for the program for Senate and the Committee on Small Busi- (2) in subsection (e), in the first sentence, that fiscal year. ness of the House of Representatives that the by inserting ‘‘(other than members described ‘‘(iii) DURATION.—The Associate Adminis- report has been published. in subsection (d)(2))’’ after ‘‘Members of the trator shall award a grant under this pro- ‘‘(8) REVIEWS BY INSPECTOR GENERAL.— TPCC’’. gram for a period of not more than 2 years. ‘‘(A) IN GENERAL.—The Inspector General (f) STATE AND FEDERAL EXPORT PROMOTION ‘‘(D) APPLICATION.— of the Administration shall conduct a review COORDINATION WORKING GROUP.—Subtitle C ‘‘(i) IN GENERAL.—A State desiring a grant of— of the Export Enhancement Act of 1988 (15 under the program shall submit an applica- ‘‘(i) the extent to which recipients of U.S.C. 4721 et seq.) is amended by inserting tion at such time, in such manner, and ac- grants under the program are measuring the after section 2313 the following: companied by such information as the Asso- performance of the activities being con- ‘‘SEC. 2313A. STATE AND FEDERAL EXPORT PRO- ciate Administrator may establish. ducted and the results of the measurements; MOTION COORDINATION WORKING ‘‘(ii) CONSULTATION TO REDUCE DUPLICA- and GROUP. TION.—A State desiring a grant under the ‘‘(ii) the overall management and effective- ‘‘(a) STATEMENT OF POLICY.—It is the pol- program shall— ness of the program. icy of the United States to promote exports ‘‘(I) before submitting an application under ‘‘(B) REPORTS.— as an opportunity for small businesses. In ex- clause (i), consult with applicable trade ‘‘(i) PILOT PROGRAM.—Not later than 6 ercising their powers and functions in order agencies of the Federal Government on the months after the date of enactment of this to advance that policy, all Federal depart- scope and mission of the activities the State subsection, the Inspector General of the Ad- ments and agencies shall work construc- proposes to carry out using the grant, to en- ministration shall submit to the Committee tively with State and local agencies engaged

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.020 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3193 in export promotion and export financing ac- retary of Agriculture, the Export-Import SA 1419. Mr. SULLIVAN submitted tivities. Bank of the United States, and the Overseas an amendment intended to be proposed ‘‘(b) ESTABLISHMENT.—The President shall Private Investment Corporation shall jointly to amendment SA 1221 proposed by Mr. establish a State and Federal Export Pro- establish a Small Business Inter-Agency motion Coordination Working Group (in this Task Force on Export Financing to— HATCH to the bill H.R. 1314, to amend section referred to as the ‘Working Group’) (A) review and improve Federal export fi- the Internal Revenue Code of 1986 to as a subcommittee of the Trade Promotion nance programs for small business concerns; provide for a right to an administrative Coordination Committee (in this section re- and appeal relating to adverse determina- ferred to as the ‘TPCC’). (B) coordinate the activities of the Federal tions of tax-exempt status of certain ‘‘(c) PURPOSES.—The purposes of the Work- Government to assist small business con- organizations; which was ordered to lie ing Group are— cerns seeking to export. on the table; as follows: ‘‘(1) to identify issues related to the coordi- (2) DEFINITION.—In this subsection, the nation of Federal resources relating to ex- term ‘‘small business concern’’ has the On page 36, between lines 17 and 18, insert port promotion and export financing with meaning given that term in section 3 of the the following: such resources provided by State and local Small Business Act (15 U.S.C. 632). (21) ENERGY NEGOTIATIONS.—The principal governments; (i) AVAILABILITY OF STATE RESOURCES negotiating objectives of the United States ‘‘(2) to identify ways to improve coordina- GUIDES ON EXPORT.GOV.—The Secretary of with respect to trade in energy products and tion with respect to export promotion and Commerce shall make available on the Inter- natural resources, including hydrocarbons export financing activities through the stra- net website Export.gov (or a successor such as oil, gas, and coal, and mineral and tegic plan developed under section 2312(c); website) information on the resources relat- timber resources, are to obtain competitive ‘‘(3) to develop a strategy for improving co- ing to export promotion and export financing opportunities for United States exports of ordination of Federal and State resources re- available in each State— energy products and natural resources in for- lating to export promotion and export fi- (1) organized by State; and eign markets substantially equivalent to the nancing, including methods to eliminate du- (2) including information on State agencies competitive opportunities afforded foreign plication of effort and overlapping functions; with responsibility for export promotion or exports of energy products and natural re- and export financing and district export councils sources in United States markets and to ‘‘(4) to develop a strategic plan for consid- and trade associations located in the State. achieve fairer and more open conditions of ering and implementing the suggestions of trade in energy products and natural re- the Working Group as part of the strategic SA 1417. Ms. HEITKAMP submitted sources. plan developed under section 2312(c). an amendment intended to be proposed ‘‘(d) MEMBERSHIP.—The Secretary of Com- to amendment SA 1221 proposed by Mr. SA 1420. Mr. SULLIVAN submitted merce shall select the members of the Work- HATCH to the bill H.R. 1314, to amend an amendment intended to be proposed ing Group, who shall include— the Internal Revenue Code of 1986 to to amendment SA 1221 proposed by Mr. ‘‘(1) representatives from State trade agen- provide for a right to an administrative HATCH to the bill H.R. 1314, to amend cies representing regionally diverse areas; appeal relating to adverse determina- the Internal Revenue Code of 1986 to and provide for a right to an administrative ‘‘(2) representatives of the departments tions of tax-exempt status of certain and agencies that are represented on the organizations; which was ordered to lie appeal relating to adverse determina- TPCC, who are designated by the heads of on the table; as follows: tions of tax-exempt status of certain their respective departments or agencies to On page 14, after line 24, add the following: organizations; which was ordered to lie advise the head on ways of promoting the ex- (v) procedures to ensure the independence on the table; as follows: portation of United States goods and serv- and impartiality of arbitrators and to pre- On page 36, between lines 17 and 18, insert ices.’’. vent actual and perceived conflicts of inter- the following: (g) REPORT ON IMPROVEMENTS TO EX- est; (21) FISHERIES NEGOTIATIONS.—The prin- PORT.GOV AS A SINGLE WINDOW FOR EXPORT (H) clarifying that, under the dispute set- cipal negotiating objectives of the United INFORMATION.— tlement mechanism, the burden is on the in- States with respect to trade in fish, seafood, (1) IN GENERAL.—Not later than 180 days vestor to establish each applicable element and shellfish products are to obtain competi- after the date of enactment of this Act, the of the minimum standard of treatment, tive opportunities for United States exports Associate Administrator for International based on evidence of the general and con- of fish, seafood, and shellfish products in for- Trade of the Small Business Administration sistent practices of the government; eign markets substantially equivalent to the shall, after consultation with the entities (I) preserving the right of parties to a competitive opportunities afforded foreign specified in paragraph (2), submit to the ap- trade agreement to regulate to protect le- exports of fish, seafood, and shellfish prod- propriate congressional committees a report gitimate public welfare objectives, such as ucts in United States markets and to achieve that includes the recommendations of the public health, safety, and the environment; fairer and more open conditions of trade in Associate Administrator for improving the and fish, seafood, and shellfish products. experience provided by the Internet website Export.gov (or a successor website) as— SA 1418. Mr. DAINES submitted an SA 1421. Mr. BLUMENTHAL (for (A) a comprehensive resource for informa- amendment intended to be proposed to himself and Mr. BROWN) submitted an tion about exporting articles from the amendment SA 1221 proposed by Mr. amendment intended to be proposed to United States; and HATCH to the bill H.R. 1314, to amend amendment SA 1221 proposed by Mr. (B) a single website for exporters to submit the Internal Revenue Code of 1986 to all information required by the Federal Gov- HATCH to the bill H.R. 1314, to amend provide for a right to an administrative the Internal Revenue Code of 1986 to ernment with respect to the exportation of appeal relating to adverse determina- articles from the United States. provide for a right to an administrative tions of tax-exempt status of certain (2) ENTITIES SPECIFIED.—The entities speci- appeal relating to adverse determina- organizations; which was ordered to lie fied in this paragraph are— tions of tax-exempt status of certain on the table; as follows: (A) small business concerns (as defined in organizations; which was ordered to lie section 3 of the Small Business Act (15 U.S.C. At the end of section 102(b), add the fol- on the table; as follows: 632)) that are exporters; and lowing: (B) the President’s Export Council, State (21) PROTECTION OF INDIAN EXPORTS AND In section 102(b), add at the end the fol- agencies with responsibility for export pro- TREATY RIGHTS.— lowing: motion or export financing, district export (A) IN GENERAL.—The principal negotiating (21) FOOD SAFETY.—The principal negoti- councils, and trade associations. objectives of the United States with respect ating objectives of the United States with re- spect to food safety are— (3) APPROPRIATE CONGRESSIONAL COMMIT- to the protection of exports and treaty (A) to ensure that a trade agreement does TEES DEFINED.—In this subsection, the term rights of Indian tribes are to ensure that— ‘‘appropriate congressional committees’’ (i) goods of or for the benefit of Indian not weaken or diminish food safety stand- means— tribes may be exported through ports in the ards that protect public health; (A) the Committee on Small Business and United States; (B) to promote strong food safety laws and Entrepreneurship and the Committee on (ii) treaty rights of Indian tribes are pro- regulations in the United States; and Banking, Housing, and Urban Affairs of the tected; and (C) to maintain and strengthen food safety Senate; and (iii) goods of or for the benefit of Indian inspection systems, including the inspection (B) the Committee on Small Business and tribes have the opportunity to compete in of meat, poultry, seafood, and egg products the Committee on Foreign Affairs of the the world market. exported to the United States. House of Representatives. (B) INDIAN TRIBE DEFINED.—In this para- (h) SMALL BUSINESS INTERAGENCY TASK graph, the term ‘‘Indian tribe’’ has the SA 1422. Mr. HEINRICH submitted an FORCE ON EXPORT FINANCING.— meaning given that term in section 4 of the amendment intended to be proposed to (1) IN GENERAL.—The Administrator of the Indian Self-Determination and Education amendment SA 1221 proposed by Mr. Small Business Administration, the Sec- Assistance Act (25 U.S.C. 450b). HATCH to the bill H.R. 1314, to amend

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.020 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3194 CONGRESSIONAL RECORD — SENATE May 20, 2015 the Internal Revenue Code of 1986 to (b) ARTICLES DESCRIBED.— (2) REPORT TO PRESIDENT.—If the Commis- provide for a right to an administrative (1) IN GENERAL.—An article is described in sioner determines pursuant to paragraph (1) appeal relating to adverse determina- this subsection if— that textile and apparel articles imported tions of tax-exempt status of certain (A)(i) the article is the growth, product, or from Nepal to which preferential treatment manufacture of Nepal; and is extended under this title are being unlaw- organizations; which was ordered to lie (ii) in the case of a textile or apparel arti- fully transshipped into the United States, on the table; as follows: cle, Nepal is the country of origin of the arti- the Commissioner shall report that deter- On page 116, beginning on line 4, strike cle, as determined under section 102.1 of title mination to the President. ‘‘and occupational safety and health,’’ and 19, Code of Federal Regulations (as in effect SEC. 305. TRADE FACILITATION AND CAPACITY insert ‘‘occupational safety and health, com- on the day before the date of the enactment BUILDING. pensation in cases of occupational injuries of this Act); (a) FINDINGS.—Congress makes the fol- and illnesses, and social security and retire- (B) the article is imported directly from lowing findings: ment,’’. Nepal into the customs territory of the (1) As a land-locked least-developed coun- United States; try, Nepal has severe challenges reaching SA 1423. Mrs. SHAHEEN submitted (C) the article is classified under any of the markets and developing capacity to export an amendment intended to be proposed following subheadings of the Harmonized goods. As of 2015, exports from Nepal are ap- to amendment SA 1248 submitted by Tariff Schedule of the United States (as in proximately $800,000,000 per year, with India effect on the day before the date of the en- the major market at $450,000,000 annually. Ms. CANTWELL and intended to be pro- actment of this Act): posed to the amendment SA 1221 pro- The United States imports about $80,000,000 4202.11.00 ...... 4202.22.60 ...... 4202.92.08 worth of goods from Nepal, or 10 percent of posed by Mr. HATCH to the bill H.R. 4202.12.20 ...... 4202.22.70 ...... 4202.92.15 the total goods exported from Nepal. 1314, to amend the Internal Revenue 4202.12.40 ...... 4202.22.80 ...... 4202.92.20 4202.12.60 ...... 4202.29.50 ...... 4202.92.30 (2) The World Bank has found evidence Code of 1986 to provide for a right to an 4202.12.80 ...... 4202.29.90 ...... 4202.92.45 that the overall export competitiveness of administrative appeal relating to ad- 4202.21.60 ...... 4202.31.60 ...... 4202.92.60 Nepal has been declining since 2005. Indices verse determinations of tax-exempt 4202.21.90 ...... 4202.32.40 ...... 4202.92.90 compiled by the World Bank and the Organi- status of certain organizations; which 4202.22.15 ...... 4202.32.80 ...... 4202.99.90 zation for Economic Co-operation and Devel- 4202.22.40 ...... 4202.32.95 ...... 4203.29.50 opment found that export costs in Nepal are was ordered to lie on the table; as fol- 4202.22.45 ...... 4202.91.00 lows: high with respect to both air cargo and con- 5701.10.90 ...... 5702.91.30 ...... 5703.10.80 tainer shipments relative to other low-in- Beginning on page 17 of the amendment, 5702.31.20 ...... 5702.91.40 ...... 5703.90.00 come countries. Such indices also identify strike line 14 and all that follows through 5702.49.20 ...... 5702.92.90 ...... 5705.00.20 particular weaknesses in Nepal with respect page 18, line 11. 5702.50.40 ...... 5702.99.15 to automation of customs and other trade 5702.50.59 ...... 5703.10.20 functions, involvement of local exporters SA 1424. Mrs. FEINSTEIN submitted 6117.10.60 ...... 6214.20.00 ...... 6217.10.85 and importers in preparing regulations and an amendment intended to be proposed 6117.80.85 ...... 6214.40.00 ...... 6301.90.00 trade rules, and export finance. to amendment SA 1221 proposed by Mr. 6214.10.10 ...... 6214.90.00 ...... 6308.00.00 (3) Implementation by Nepal of the Agree- HATCH to the bill H.R. 1314, to amend 6214.10.20 ...... 6216.00.80 ment on Trade Facilitation of the World Trade Organization could directly address the Internal Revenue Code of 1986 to 6504.00.90 ...... 6505.00.30 ...... 6505.00.90 provide for a right to an administrative 6505.00.08 ...... 6505.00.40 ...... 6506.99.30 some of the weaknesses described in para- appeal relating to adverse determina- 6505.00.15 ...... 6505.00.50 ...... 6506.99.60 graph (2). (b) ESTABLISHMENT OF TRADE FACILITATION tions of tax-exempt status of certain 6505.00.20 ...... 6505.00.60 6505.00.25 ...... 6505.00.80 AND CAPACITY BUILDING PROGRAM.—Not later organizations; which was ordered to lie than 180 days after the date of the enactment on the table; as follows: (D) the President determines, after receiv- ing the advice of the United States Inter- of this Act, the President shall, in consulta- At the end, add the following: national Trade Commission in accordance tion with the Government of Nepal, establish TITLE III—TRADE PREFERENCES FOR with section 503(e) of the Trade Act of 1974 a trade facilitation and capacity building NEPAL (19 U.S.C. 2463(e)), that the article is not im- program for Nepal— port-sensitive in the context of imports from (1) to enhance the central export pro- SEC. 301. SHORT TITLE. motion agency of Nepal to support successful This title may be cited as the ‘‘Nepal Nepal; and (E) subject to paragraph (3), the sum of the exporters and to build awareness among po- Trade Preferences Act’’. tential exporters in Nepal about opportuni- SEC. 302. SENSE OF CONGRESS. cost or value of the materials produced in, and the direct costs of processing operations ties abroad and ways to manage trade docu- It is the sense of Congress that it should be mentation and regulations in the United an objective of the United States to use performed in, Nepal or the customs territory of the United States is not less than 35 per- States and other countries; trade policies and trade agreements to con- (2) to provide export finance training for fi- tribute to the reduction of poverty and the cent of the appraised value of the article at the time it is entered. nancial institutions in Nepal and the Gov- elimination of hunger. ernment of Nepal; (2) EXCLUSIONS.—An article shall not be SEC. 303. ELIGIBILITY REQUIREMENTS. treated as the growth, product, or manufac- (3) to assist the Government of Nepal in (a) IN GENERAL.—The President may au- ture of Nepal for purposes of paragraph maintaining publication of all trade regula- thorize the provision of preferential treat- (1)(A)(i) by virtue of having merely under- tions, forms for exporters and importers, tax ment under this title to articles that are im- gone— and tariff rates, and other documentation re- ported directly from Nepal into the customs (A) simple combining or packaging oper- lating to exporting goods on the Internet and territory of the United States pursuant to ations; or developing a robust public-private dialogue, section 304 if the President determines— (B) mere dilution with water or mere dilu- through its National Trade Facilitation (1) that Nepal meets the requirements set tion with another substance that does not Committee, for Nepal to identify timelines forth in paragraphs (1), (2), and (3) of section materially alter the characteristics of the for implementation of key reforms and solu- 104(a) of the African Growth and Opportunity article. tions, as provided for under the Agreement on Trade Facilitation of the World Trade Or- Act (19 U.S.C. 3703(a)); and (3) LIMITATION ON UNITED STATES COST.— (2) after taking into account the factors For purposes of paragraph (1)(E), the cost or ganization; and set forth in paragraphs (1) through (7) of sub- value of materials produced in, and the di- (4) to increase access to guides for import- section (c) of section 502 of the Trade Act of rect costs of processing operations performed ers and exporters on the Internet, including 1974 (19 U.S.C. 2462), that Nepal meets the eli- in, the customs territory of the United rules and documentation for United States gibility requirements of such section 502. States and attributed to the 35-percent re- tariff preference programs. (b) WITHDRAWAL, SUSPENSION, OR LIMITA- quirement under that paragraph may not ex- SEC. 306. REPORTING REQUIREMENT. TION OF PREFERENTIAL TREATMENT; MANDA- ceed 15 percent of the appraised value of the Not later than one year after the date of TORY GRADUATION.—The provisions of sub- article at the time it is entered. the enactment of this Act, and annually sections (d) and (e) of section 502 of the (c) VERIFICATION WITH RESPECT TO TRANS- thereafter, the President shall monitor, re- Trade Act of 1974 (19 U.S.C. 2462) shall apply SHIPMENT FOR TEXTILE AND APPAREL ARTI- view, and report to Congress on the imple- with respect to Nepal to the same extent and CLES.— mentation of this title, the compliance of in the same manner as such provisions apply (1) IN GENERAL.—Not later than April 1, Nepal with section 303(a), and the trade and with respect to beneficiary developing coun- July 1, October 1, and January 1 of each investment policy of the United States with tries under title V of that Act (19 U.S.C. 2461 year, the Commissioner responsible for U.S. respect to Nepal. et seq.). Customs and Border Protection shall verify SEC. 307. TERMINATION OF PREFERENTIAL SEC. 304. ELIGIBLE ARTICLES. that textile and apparel articles imported TREATMENT. (a) IN GENERAL.—An article described in from Nepal to which preferential treatment No preferential treatment extended under subsection (b) may enter the customs terri- is extended under this title are not being un- this title shall remain in effect after Decem- tory of the United States free of duty. lawfully transshipped into the United States. ber 31, 2025.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.021 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3195 SEC. 308. EFFECTIVE DATE. of Congress and staff of such Members with shall be notified of any such meeting and The provisions of this title shall take ef- proper security clearances may consult with shall provide notice of the meeting in ac- fect on January 1, 2016. individual members of an advisory com- cordance with section 10 of the Federal Advi- mittee established under subsection (b) or (c) sory Committee Act (5 U.S.C. App.), but, not- SA 1425. Ms. HIRONO submitted an with respect to negotiations for trade agree- withstanding any provision of that Act, the amendment intended to be proposed to ments in effect or negotiations for trade attendance of such officer at the meeting is amendment SA 1221 proposed by Mr. agreements. not required.’’. HATCH to the bill H.R. 1314, to amend ‘‘(3) APPLICABILITY OF CERTAIN FACA RE- the Internal Revenue Code of 1986 to QUIREMENTS.—The approval of the designated SA 1427. Mr. SCHATZ submitted an provide for a right to an administrative Federal officer for an advisory committee es- amendment intended to be proposed to appeal relating to adverse determina- tablished under subsection (b) or (c) shall not amendment SA 1221 proposed by Mr. be required with respect to consultations HATCH to the bill H.R. 1314, to amend tions of tax-exempt status of certain under paragraphs (1) and (2). organizations; which was ordered to lie the Internal Revenue Code of 1986 to ‘‘(n) REPORTS.— provide for a right to an administrative on the table; as follows: ‘‘(1) IN GENERAL.—An advisory committee appeal relating to adverse determina- At the end of title II, add the following: established under subsection (b) or (c) may tions of tax-exempt status of certain SEC. 213. EXTENSION OF ADJUSTMENT ASSIST- at any time submit to the President a report ANCE TO TERRITORIES. on matters being considered by the com- organizations; which was ordered to lie (a) IN GENERAL.—Except as provided in mittee without the approval of the des- on the table; as follows: subsection (b), during the period beginning ignated Federal officer for that committee. On page 24, between lines 11 and 12, insert on October 1, 2015, and ending on June 30, ‘‘(2) SUBMISSION TO CONGRESS.—A report the following: 2021, workers, firms, and agricultural com- submitted to the President under paragraph (iv) adopts and maintains, in national modity producers in American Samoa, the (1), including any dissenting or minority laws, regulations, or measures, prohibitions Commonwealth of the Northern Mariana Is- views, shall be submitted to the appropriate against trading across borders in products lands, Guam, or the Virgin Islands of the congressional committees and Members of harvested or exported in violation of na- United States shall be eligible for adjust- Congress and staff of such Members with tional laws that seek to protect wildlife, for- ment assistance under chapters 2 through 6 proper security clearances. ests, or living marine resources, of title II of the Trade Act of 1974 (19 U.S.C. ‘‘(3) PUBLIC AVAILABILITY.—If a report of an 2271 et seq.) to the same extent as workers, advisory committee submitted to the Presi- SA 1428. Mr. SANDERS submitted an firms, and agricultural commodity producers dent under paragraph (1) does not include amendment intended to be proposed to in a State (as defined in section 247 of that any classified information, the advisory amendment SA 1221 proposed by Mr. Act (19 U.S.C. 2319)). committee may request the designated Fed- HATCH to the bill H.R. 1314, to amend (b) EXCEPTION.—Benefits under sections 231 eral officer for that committee to make the the Internal Revenue Code of 1986 to through 234 of the Trade Act of 1974 (19 report available to the public. U.S.C. 2291 through 2294) and under section ‘‘(o) DEFINITIONS.—In this section: provide for a right to an administrative 246 of that Act (19 U.S.C. 2318) shall not be ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- appeal relating to adverse determina- available to workers in American Samoa, TEES.—The term ‘appropriate congressional tions of tax-exempt status of certain the Commonwealth of the Northern Mariana committees’ means— organizations; which was ordered to lie Islands, Guam, or the Virgin Islands of the ‘‘(A) the Committee on Ways and Means of on the table; as follows: United States. the House of Representatives and the Com- At the end of section 106(b), add the fol- (c) FORMULA FOR TRAINING FUNDS.—In mittee on Finance of the Senate; and lowing: making distributions of funds for a fiscal ‘‘(B) any other committee of the House or (7) LIMITATIONS ON PROCEDURES WITH RE- year to States under section 236(a)(2) of the the Senate with jurisdiction over laws that SPECT TO AGREEMENTS WITH CERTAIN COUN- Trade Act of 1974 (19 U.S.C. 2296(a)(2)), the are or could be affected by a trade agree- TRIES.—The trade authorities procedures Secretary of Labor shall distribute an ment. shall not apply to any implementing bill sub- amount equal to 1 percent of such funds ‘‘(2) DESIGNATED FEDERAL OFFICER.—The mitted with respect to a trade agreement or among American Samoa, the Commonwealth term ‘designated Federal officer’ means an trade agreements entered into under section of the Northern Mariana Islands, Guam, and officer or employee of the Federal Govern- 103(b) with a country with respect to which the Virgin Islands of the United States, ment designated to chair or attend each the United States has not yet promulgated based on criteria established by the Sec- meeting of each advisory committee under import rules as required by section 804(b) of retary. section 10(e) of the Federal Advisory Com- the Federal Food, Drug, and Cosmetic Act (d) REGULATORY CHANGES.—The Secretary mittee Act (5 U.S.C. App.). (21 U.S.C. 384(b)). of Labor and the heads of other appropriate ‘‘(3) NON-FEDERAL GOVERNMENT.—The term agencies shall make the necessary changes ‘non-Federal government’ means— SA 1429. Mr. SANDERS submitted an to the regulations of the Department of ‘‘(A) any State, territory, or possession of amendment intended to be proposed to Labor and those other agencies in order to the United States, or the District of Colum- amendment SA 1221 proposed by Mr. carry out this section. bia, or any political subdivision thereof; or HATCH to the bill H.R. 1314, to amend ‘‘(B) any agency or instrumentality of any SA 1426. Ms. HIRONO submitted an entity described in subparagraph (A). the Internal Revenue Code of 1986 to amendment intended to be proposed to ‘‘(4) PROPER SECURITY CLEARANCES.—The provide for a right to an administrative amendment SA 1221 proposed by Mr. term ‘proper security clearances’ has the appeal relating to adverse determina- HATCH to the bill H.R. 1314, to amend meaning of that term as used in section 104 tions of tax-exempt status of certain the Internal Revenue Code of 1986 to of the Bipartisan Congressional Trade Prior- organizations; which was ordered to lie ities and Accountability Act of 2015.’’. provide for a right to an administrative on the table; as follows: (2) REQUIREMENTS FOR MEETINGS.—Section appeal relating to adverse determina- At the end of section 106(b), add the fol- 135 of such Act is amended— lowing: tions of tax-exempt status of certain (A) in subsection (b)— (7) LIMITATIONS ON PROCEDURES WITH RE- organizations; which was ordered to lie (i) in paragraph (2), by striking the first SPECT TO AGREEMENTS WITH CERTAIN COUN- on the table; as follows: sentence; and TRIES.—The trade authorities procedures On page 64, between lines 16 and 17, insert (ii) by adding at the end the following: shall not apply to any implementing bill sub- the following: ‘‘(4) The committee shall meet as needed mitted with respect to a trade agreement or (f) CONSULTATIONS WITH TRADE ADVISORY at the call of the chairman of the committee trade agreements entered into under section COMMITTEES.— or at the call of one-third of the members of 103(b) with a country with respect to which (1) IN GENERAL.—Section 135 of the Trade the committee. The designated Federal offi- the United States has not yet promulgated Act of 1974 (19 U.S.C. 2155) is amended by cer shall be notified of any such meeting and import rules regulating the importation of striking subsection (m) and inserting the fol- shall provide notice of the meeting in ac- prescription drugs. lowing: cordance with section 10 of the Federal Advi- ‘‘(m) CONGRESSIONAL CONSULTATIONS WITH sory Committee Act (5 U.S.C. App.), but, not- SA 1430. Mr. MENENDEZ submitted ADVISORY COMMITTEES.— withstanding any provision of that Act, the an amendment intended to be proposed ‘‘(1) CONSULTATIONS BY CONGRESSIONAL COM- attendance of such officer at the meeting is to amendment SA 1221 proposed by Mr. MITTEES.—An appropriate congressional not required.’’; and HATCH to the bill H.R. 1314, to amend committee may request consultations with (B) in subsection (c), by adding at the end the Internal Revenue Code of 1986 to an advisory committee established under the following: subsection (b) or (c) with respect to trade ‘‘(5) A committee established under para- provide for a right to an administrative agreements in effect or negotiations for graph (1), (2), or (3) shall meet as needed at appeal relating to adverse determina- trade agreements. the call of the chairman of the committee or tions of tax-exempt status of certain ‘‘(2) CONSULTATIONS BY MEMBERS OF CON- at the call of one-third of the members of the organizations; which was ordered to lie GRESS AND CONGRESSIONAL STAFF.—Members committee. The designated Federal officer on the table; as follows:

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On page 100, between lines 13 and 14, insert (E) the number of ‘‘target beneficiaries’’ ‘‘(B) ORGANIZATIONS.—The organizations the following: for the first 6 months and for the last 6 described in this subparagraph are as fol- (B) EXCEPTION.— months of fiscal year 2015. lows: (i) INVOKING EXCEPTION.—If the President ‘‘(i) A provider of adult education (as de- submits to the appropriate congressional SA 1432. Mr. FRANKEN (for himself fined in section 203) or an institution of high- committees a letter stating that a country and Ms. STABENOW) submitted an er education (as defined in section 101 of the subject to subparagraph (A) has taken con- amendment intended to be proposed to Higher Education Act of 1965 (20 U.S.C. 1001)). crete actions to implement the principal rec- amendment SA 1221 proposed by Mr. ‘‘(ii) A community-based organization. ommendations in the most recent annual re- ‘‘(iii) A joint labor-management partner- port on trafficking in persons, this para- HATCH to the bill H.R. 1314, to amend ship. graph shall not apply with respect to agree- the Internal Revenue Code of 1986 to ‘‘(iv) A State or local board. ments with that country. provide for a right to an administrative ‘‘(v) Any other organization that the Sec- (ii) CONTENT OF LETTER; PUBLIC AVAIL- appeal relating to adverse determina- retaries consider appropriate. ABILITY.—A letter submitted under clause (i) tions of tax-exempt status of certain ‘‘(c) EDUCATIONAL OR CAREER TRAINING with respect to a country shall— organizations; which was ordered to lie PROGRAM.—For purposes of this section, the (I) include a description of the concrete ac- on the table; as follows: Governor of the State in which at least 1 of tions that the country has taken to imple- the entities described in subsection (b)(1)(B) ment the principal recommendations de- At the appropriate place, insert the fol- of an eligible entity is located shall establish scribed in clause (i); and lowing: criteria for an educational or career training (II) be made available to the public. SEC. ll. COMMUNITY COLLEGE TO CAREER program leading to a recognized postsec- (iii) APPROPRIATE CONGRESSIONAL COMMIT- FUND. ondary credential for which an eligible enti- TEES DEFINED.—In this subparagraph, the (a) SHORT TITLE.—This section may be ty submits a grant proposal under subsection term ‘‘appropriate congressional commit- cited as the ‘‘Community College to Career (d). tees’’ means— Fund Act’’. ‘‘(d) APPLICATION.—An eligible entity seek- (I) the Committee on Ways and Means and (b) COMMUNITY COLLEGE TO CAREER FUND.— ing a grant under this section shall submit the Committee on Foreign Affairs of the Title I of the Workforce Innovation and Op- an application containing a grant proposal, House of Representatives; and portunity Act is amended by adding at the for an educational or career training pro- (II) the Committee on Finance and the end the following: gram leading to a recognized postsecondary credential, to the Secretaries at such time Committee on Foreign Relations of the Sen- ‘‘Subtitle F—Community College to Career ate. and containing such information as the Sec- Fund retaries determine is required, including a SA 1431. Mr. TILLIS submitted an ‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY detailed description of— amendment intended to be proposed by PARTNERSHIPS PROGRAM. ‘‘(1) the extent to which the educational or him to the bill H.R. 1314, to amend the ‘‘(a) GRANTS AUTHORIZED.—From funds ap- career training program described in the propriated under section 199A, the Secretary Internal Revenue Code of 1986 to pro- grant proposal fits within an overall stra- of Labor (in coordination with the Secretary tegic plan consisting of— vide for a right to an administrative of Education and the Secretary of Com- ‘‘(A) the State plan described in section 102 appeal relating to adverse determina- merce) shall award competitive grants to eli- or 103, for the State involved; tions of tax-exempt status of certain gible entities described in subsection (b) for ‘‘(B) the local plan described in section 108, organizations; which was ordered to lie the purpose of developing, offering, improv- for each local area that comprises a signifi- on the table; as follows: ing, and providing educational or career cant portion of the area to be served by the At the appropriate place, insert the fol- training programs for workers. eligible entity; and lowing: ‘‘(b) ELIGIBLE ENTITY.— ‘‘(C) a strategic plan developed by the eli- SEC. lll. INFORMATION REGARDING H–2B VISA ‘‘(1) PARTNERSHIPS WITH EMPLOYERS OR AN gible entity; ISSUANCE. EMPLOYER OR INDUSTRY PARTNERSHIP.— ‘‘(2) the extent to which the program will The Secretary of Homeland Security may ‘‘(A) GENERAL DEFINITION.—For purposes of meet the needs of employers in the area for not authorize any official of the Department this section, an ‘eligible entity’ means any of skilled workers in in-demand industry sec- of Homeland Security to travel to any con- the entities described in subparagraph (B) (or tors and occupations; ference or symposium until after the Sec- a consortium of any of such entities) in part- ‘‘(3) the extent to which the program will retary— nership with employers or an employer or in- meet the educational or career training (1) has submitted to Congress, and made dustry partnership representing multiple needs of workers in the area; publicly available— employers. ‘‘(4) the specific educational or career (A) the methodology used to determine ‘‘(B) DESCRIPTION OF ENTITIES.—The enti- training program and how the program when the numerical limitation on H–2B visas ties described in this subparagraph are— meets the criteria established under sub- set forth in section 214(g)(1)(B) of the Immi- ‘‘(i) a community college; section (e), including the manner in which gration and Nationality Act (8 U.S.C. ‘‘(ii) a 4-year public institution of higher the grant will be used to develop, offer, im- 1184(g)(1)(B)) has been reached for each of fis- education (as defined in section 101(a) of the prove, and provide the educational or career cal years 2012 through 2015, including the Higher Education Act of 1965 (20 U.S.C. training program; number of petitions for such status that had 1001(a))) that offers 2-year degrees, and that ‘‘(5) any previous experience of the eligible been accepted by U.S. Citizenship and Immi- will use funds provided under this section for entity in providing educational or career gration Services at the time such determina- activities at the certificate and associate de- training programs, the absence of which tion was made; and gree levels; shall not automatically disqualify an eligi- (B) the number of petitions for H–2B visas ‘‘(iii) a Tribal College or University (as de- ble institution from receiving a grant under that had been received by U.S. Citizenship fined in section 316(b) of the Higher Edu- this section; and and Immigration Services for fiscal year cation Act of 1965 (20 U.S.C. 1059c(b))); or ‘‘(6) how the program leading to the cre- 2015— ‘‘(iv) a private or nonprofit, 2-year institu- dential meets the criteria described in sub- (i) on or before March 5, 2015; tion of higher education (as defined in sec- section (c). (ii) on or before March 17, 2015; and tion 102 of the Higher Education Act of 1965 ‘‘(e) CRITERIA FOR AWARD.— (iii) on or before March 26, 2015; (20 U.S.C. 1002)) in the Commonwealth of ‘‘(1) IN GENERAL.—Grants under this sec- (2) has conducted a study that confirms the Puerto Rico, Guam, the United States Virgin tion shall be awarded based on criteria estab- efficacy of the methodology used by the De- Islands, American Samoa, the Common- lished by the Secretaries, that include the partment of Homeland Security to deter- wealth of the Northern Mariana Islands, the following: mine whether the numerical limitation re- Republic of the Marshall Islands, the Fed- ‘‘(A) A determination of the merits of the ferred to in paragraph (1) has been reached; erated States of Micronesia, or the Republic grant proposal submitted by the eligible en- (3) submits a report to Congress informa- of Palau. tity involved to develop, offer, improve, and tion that contains— ‘‘(2) ADDITIONAL PARTNERS.— provide an educational or career training (A) information about any investigations ‘‘(A) AUTHORIZATION OF ADDITIONAL PART- program to be made available to workers. or lawsuits regarding the methodology de- NERS.—In addition to partnering with em- ‘‘(B) An assessment of the likely employ- scribed in paragraph (2); ployers or an employer or industry partner- ment opportunities available in the area to (B) any revisions made to such method- ship representing multiple employers as de- individuals who complete an educational or ology during the past 10 fiscal years; scribed in paragraph (1)(A), an entity de- career training program that the eligible en- (C) contemporaneous work product estab- scribed in paragraph (1) may include in the tity proposes to develop, offer, improve, and lishing how the numerical limitation re- partnership described in paragraph (1) 1 or provide. ferred to in paragraph (1) was calculated dur- more of the organizations described in sub- ‘‘(C) An assessment of prior demand for ing the past 10 fiscal years; paragraph (B). Each eligible entity that in- training programs by individuals eligible for (D) a complete statement of the method- cludes 1 or more such organizations shall training and served by the eligible entity, as ology for determining when the H–2B visa collaborate with the State or local board in well as availability and capacity of existing cap is reached for a fiscal year; and the area served by the eligible entity. (as of the date of the assessment) training

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TRANSSHIPMENT OF LIGHTWEIGHT ‘‘(A) include a partnership, with employers sectors; and THERMAL PAPER. or an employer or industry partnership, ‘‘(E) support paid internships that will (a) IN GENERAL.—The Commissioner re- that— allow students to simultaneously earn credit sponsible for U.S. Customs and Border Pro- ‘‘(i) pays a portion of the costs of edu- for work-based learning and gain relevant tection (in this section referred to as the cational or career training programs; or employment experience in an in-demand in- ‘‘Commissioner’’) shall direct appropriate ‘‘(ii) agrees to hire individuals who have dustry sector or occupation, which shall in- personnel and resources of U.S. Customs and attained a recognized postsecondary creden- clude opportunities that transition individ- Border Protection to address concerns that tial resulting from the educational or career uals into employment. lightweight thermal paper is being imported training program of the eligible entity; ‘‘(4) The development and implementation into the United States in violation of the ‘‘(B) enter into a partnership with a labor of— customs and trade laws of the United States. organization or labor-management training ‘‘(A) a Pay-for-Performance program that (b) DATABASE OF CHARACTERISTICS OF IM- program to provide, through the program, leads to a recognized postsecondary creden- PORTED LIGHTWEIGHT THERMAL PAPER.— technical expertise for occupationally spe- tial, for which an eligible entity agrees to be (1) IN GENERAL.—The Commissioner shall, cific education necessary for a recognized reimbursed under the grant primarily on the in consultation with the Secretary of Com- postsecondary credential leading to a skilled basis of achievement of specified perform- merce, compile a database of the individual occupation in an in-demand industry sector; ance outcomes and criteria agreed to by the characteristics of lightweight thermal paper ‘‘(C) are focused on serving individuals Secretary; or produced in foreign countries, especially with barriers to employment, low-income, ‘‘(B) a Pay-for-Success program that leads lightweight thermal paper produced in the non-traditional students, students who are to a recognized postsecondary credential, for People’s Republic of China, Malaysia, Tai- dislocated workers, students who are vet- which an eligible entity— wan, South Korea, Spain, Finland, Japan, erans, or students who are long-term unem- ‘‘(i) enters into a partnership with an in- Thailand, and Germany, to facilitate the ployed; vestor, such as a philanthropic organization verification of country of origin markings of ‘‘(D) include any eligible entities serving that provides funding for a specific project to lightweight thermal paper imported into the areas with high unemployment rates; address a clear and measurable educational United States. ‘‘(E) are eligible entities that include an or career training need in the area to be (2) ENGAGEMENT WITH FOREIGN GOVERN- institution of higher education eligible for served under the grant; and MENTS.—The Commissioner shall seek to en- assistance under title III or V of the Higher ‘‘(ii) agrees to be reimbursed under the gage the customs agencies of foreign govern- Education Act of 1965 (20 U.S.C. 1051 et seq.; grant only if the project achieves specified ments for assistance in compiling the data- 20 U.S.C. 1101 et seq.); and performance outcomes and criteria agreed to base described in paragraph (1). ‘‘(F) include a partnership, with employers by the Secretary. (3) CONSULTATION WITH INDUSTRY.—In com- or an employer or industry partnership, that ‘‘SEC. 199A. AUTHORIZATION OF APPROPRIA- piling the database described in paragraph increases domestic production of goods. TIONS. ‘‘(f) USE OF FUNDS.—Grant funds awarded (1), the Commissioner shall consult with en- under this section shall be used for one or ‘‘(a) IN GENERAL.—There are authorized to tities in the lightweight thermal paper in- more of the following: be appropriated such sums as may be nec- dustry regarding the development of indus- ‘‘(1) The development, offering, improve- essary to carry out the program established try standards for identification of light- ment, and provision of educational or career by section 199. weight thermal paper. training programs, that provide relevant job ‘‘(b) ADMINISTRATIVE COST.—Not more than (c) REPORT REQUIRED.—Not later than 180 training for skilled occupations, that lead to 5 percent of the amounts made available days after the date of the enactment of this recognized postsecondary credentials, that under subsection (a) may be used by the Sec- Act, the Commissioner shall submit to Con- will meet the needs of employers in in-de- retaries to administer the program described gress a report that— mand industry sectors, and that may include in that subsection, including providing tech- (1) describes and assesses the limitations in registered apprenticeship programs, on-the- nical assistance and carrying out evalua- the existing analysis capabilities of labora- job training programs, and programs that tions for the program described in that sub- tories with respect to determining the coun- support employers in upgrading the skills of section. try of origin of samples of lightweight ther- their workforce. ‘‘(c) PERIOD OF AVAILABILITY.—The funds mal paper; and ‘‘(2) The development and implementation appropriated pursuant to subsection (a) for a (2) includes any recommendations of the of policies and programs to expand opportu- fiscal year shall be available for Federal ob- Commissioner for improving such capabili- nities for students to earn a recognized post- ligation for that fiscal year and the suc- ties. secondary credential, including a degree, in ceeding 2 fiscal years. (d) SENSE OF CONGRESS.—It is the sense of in-demand industry sectors and occupations, ‘‘SEC. 199B. DEFINITION. Congress that the Secretary of Commerce including by— ‘‘For purposes of this subtitle, the term should promptly establish a national stand- ard of identity for lightweight thermal paper ‘‘(A) facilitating the transfer of academic ‘community college’ has the meaning given for the Commissioner to use to ensure that credits between institutions of higher edu- the term ‘junior or community college’ in imports of lightweight thermal paper are— cation, including the transfer of academic section 312(f) of the Higher Education Act of (1) classified accurately for purposes of as- credits for courses in the same field of study; 1965 (20 U.S.C. 1058(f)).’’. sessing duties; and ‘‘(B) expanding articulation agreements (c) CONFORMING AMENDMENT.—The table of (2) denied entry into the United States if and policies that guarantee transfers be- contents for the Workforce Innovation and such imports pose a threat to the domestic tween such institutions, including through Opportunity Act is amended by inserting lightweight thermal paper industry. common course numbering and use of a gen- after the items relating to subtitle E of title I the following: eral core curriculum; and Mr. HATCH submitted an ‘‘Subtitle F—Community College to Career SA 1434. ‘‘(C) developing or enhancing student sup- amendment intended to be proposed to port services programs. Fund amendment SA 1251 submitted by Mr. ‘‘(3) The creation of career pathway pro- ‘‘Sec. 199. Community college and industry grams that provide a sequence of education partnerships program. BROWN (for himself, Mr. PETERS, Mr. and occupational training that leads to a ‘‘Sec. 199A. Authorization of appropriations. SCHUMER, Ms. STABENOW, Mr. MENEN- recognized postsecondary credential, includ- ‘‘Sec. 199B. Definition.’’. DEZ, and Mr. CASEY) to the amendment ing a degree, including programs that— (d) EFFECTIVE DATE.—This section, includ- SA 1221 proposed by Mr. HATCH to the ‘‘(A) blend basic skills and occupational ing the amendments made by this section, bill H.R. 1314, to amend the Internal training; take effect as if included in the Workforce Revenue Code of 1986 to provide for a ‘‘(B) facilitate means of transitioning par- Innovation and Opportunity Act. right to an administrative appeal relat- ticipants from non-credit occupational, basic skills, or developmental coursework to for- SA 1433. Ms. BALDWIN submitted an ing to adverse determinations of tax- credit coursework within and across institu- amendment intended to be proposed to exempt status of certain organizations; tions; amendment SA 1312 submitted by Mr. which was ordered to lie on the table; ‘‘(C) build or enhance linkages, including INHOFE (for himself and Mr. COONS) to as follows: the development of dual enrollment pro- the amendment SA 1221 proposed by Beginning on page 1 of the amendment, grams and early college high schools, be- Mr. HATCH to the bill H.R. 1314, to strike ‘‘ADDITIONAL COUNTRIES’’ on line 2 and tween secondary education or adult edu- all that follows and insert the following: cation programs (including programs estab- amend the Internal Revenue Code of PROCEDURES WITH RESPECT TO AGREEMENTS lished under the Carl D. Perkins Career and 1986 to provide for a right to an admin- WITH COUNTRIES NOT IN COMPLIANCE WITH Technical Education Act of 2006 (20 U.S.C. istrative appeal relating to adverse de- TRAFFICKING VICTIMS PROTECTION ACT OF 2301 et seq.) and title II of this Act); terminations of tax-exempt status of 2000.—

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.024 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE S3198 CONGRESSIONAL RECORD — SENATE May 20, 2015 (1) INVOKING EXCEPTION.—If the President ing to conduct a Subcommittee hearing mittee on the Judiciary, Sub- submits to the appropriate congressional entitled ‘‘Improvements and Innova- committee on the Constitution, be au- committees a letter stating that a country tions in Fishery Management and Data thorized to meet during the session of subject to paragraph (6) of section 106(b) has Collection.’’ the Senate on May 20, 2015, at 2:30 p.m., taken concrete actions to implement the The PRESIDING OFFICER. Without principal recommendations in the most re- in room SD-226 of the Dirksen Senate cent annual report on trafficking in persons objection, it is so ordered. Office Building, to conduct a hearing described in that paragraph, that paragraph COMMITTEE ON FOREIGN RELATIONS entitled ‘‘Taking Sexual Assault Seri- shall not apply with respect to agreements Mr. CORNYN. Mr. President, I as ously: The Rape Kit Backlog and with that country. unanimous consent that the Com- Human Rights.’’ (2) CONTENT OF LETTER; PUBLIC AVAIL- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ABILITY.—A letter submitted under para- ized to meet during the session of the objection, it is so ordered. graph (1) with respect to a country shall— Senate on May 20, 2015, at 10 a.m., to SUBCOMMITTEE ON REGULATORY AFFAIRS AND (A) include a description of the concrete conduct a hearing entitled ‘‘U.S. Cuban actions that the country has taken to imple- FEDERAL MANAGEMENT Relations—The Way Forward.’’ Mr. CORNYN. Mr. President, I ask ment the principal recommendations de- The PRESIDING OFFICER. Without scribed in paragraph (1); and unanimous consent that the Sub- objection, it is so ordered. (B) be made available to the public. committee on Regulatory Affairs and (3) APPROPRIATE CONGRESSIONAL COMMIT- COMMITTEE ON FOREIGN RELATIONS Federal Management of the Committee Mr. CORNYN. Mr. President, I as TEES DEFINED.—In this subsection, the term on Homeland Security and Govern- unanimous consent that the Com- ‘‘appropriate congressional committees’’ mental Affairs be authorized to meet means— mittee on Foreign Relations be author- during the session of the Senate on (A) the Committee on Ways and Means and ized to meet during the session of the May 20, 2015, at 10 a.m., to conduct a the Committee on Foreign Affairs of the Senate on May 20, 2015, at 2:30 p.m., to House of Representatives; and conduct a hearing entitled ‘‘Nomina- hearing entitled ‘‘21st Century Ideas (B) the Committee on Finance and the tions.’’ for the 20th Century Federal Civil Committee on Foreign Relations of the Sen- The PRESIDING OFFICER. Without Service.’’ ate. objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. SA 1435. Mr. HATCH submitted an COMMITTEE ON HEALTH, EDUCATION, LABOR AND amendment intended to be proposed to PENSIONS SUBCOMMITTEE ON SUPERFUND, WASTE MANAGEMENT, AND REGULATORY OVERSIGHT amendment SA 1327 submitted by Ms. Mr. CORNYN. Mr. President, I as Mr. CORNYN. Mr. President, I ask WARREN (for herself, Ms. HEITKAMP, Mr. unanimous consent that the Com- unanimous consent that the Sub- MANCHIN, Mr. DURBIN, Mrs. BOXER, Mr. mittee on Health, Education, Labor and Pensions be authorized to meet committee on Superfund, Waste Man- BROWN, Mr. CASEY, Mr. FRANKEN, Mr. during the session of the Senate on agement, and Regulatory Oversight of BLUMENTHAL, Ms. BALDWIN, Mr. MAR- May 20, 2015, at 10 a.m., in room SD–430 the Committee on Environment and KEY, Mr. PETERS, Mr. WHITEHOUSE, Mr. of the Dirksen Senate Office Building Public Works be authorized to meet SCHATZ, Mr. UDALL, and Mr. HEINRICH) to conduct a hearing entitled ‘‘Reau- to the amendment SA 1221 proposed by during the session of the Senate on thorizing the Higher Education Act: May 20, 2015, at 9:30 a.m., in room SD- Mr. HATCH to the bill H.R. 1314, to Exploring Institutional Risk-sharing.’’ amend the Internal Revenue Code of 406 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without ing, to conduct a hearing entitled, 1986 to provide for a right to an admin- objection, it is so ordered. istrative appeal relating to adverse de- ‘‘Oversight of Scientific Advisory Pan- COMMITTEE ON INDIAN AFFAIRS terminations of tax-exempt status of els and Processes at the Environmental Mr. CORNYN. Mr. President, I ask Protection Agency.’’ certain organizations; which was or- unanimous consent that the Com- dered to lie on the table; as follows: The PRESIDING OFFICER. Without mittee on Indian Affairs be authorized objection, it is so ordered. Beginning on page 1 of the amendment, to meet during the session of the Sen- f strike ‘‘FOR AGREEMENTS’’ on line 2 and all ate on May 20, 2015, in room SD-628 of that follows and insert the following: the Dirksen Senate Office Building, at CORRECTING THE ENROLLMENT ADDITIONAL OVERALL NEGOTIATING OBJEC- 2;15 p.m., to conduct a hearing entitled OF S. 178 TIVE.—In addition to the objectives set forth in section 102(a), an overall negotiating ob- ‘‘Addressing the Needs of Native Com- Mr. CASSIDY. Mr. President, I ask jective of the United States for trade agree- munities Through Indian Water Rights unanimous consent that the Senate ments entered into under section 103 is to en- Settlements.’’ proceed to the consideration of H. Con. The PRESIDING OFFICER. Without sure that such agreements do not require Res. 47, which is at the desk. changes to the immigration laws of the objection, it is so ordered. United States. The PRESIDING OFFICER. The COMMITTEE ON VETERANS’ AFFAIRS clerk will report the concurrent resolu- f Mr. CORNYN. Mr. President, I ask tion by title. AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- The senior assistant legislative clerk mittee on Veterans’ Affairs be author- MEET read as follows: ized to meet during the session of the COMMITTEE ON COMMERCE, SCIENCE, AND Senate on May 20, 2015, at 10 a.m., in A concurrent resolution (H. Con. Res. 47) to correct the enrollment of S. 178. TRANSPORTATION room SH-216 of the Hart Senate Office Mr. CORNYN. Mr. President, I as Building. There being no objection, the Senate unanimous consent that the Com- The PRESIDING OFFICER. Without proceeded to consider the concurrent mittee on Commerce, Science, and objection, it is so ordered. resolution. Transportation be authorized to meet SPECIAL COMMITTEE ON AGING Mr. CASSIDY. I ask unanimous con- during the session of the Senate on Mr. CORNYN. Mr. President, I ask sent that the concurrent resolution be May 20, 2015, at 10:30 a.m., in room SR– unanimous consent that the Special agreed to and the motion to reconsider 253 of the Russell Senate Office Build- Committee on Aging be authorized to be laid upon the table with no inter- ing. meet during the session of the Senate vening action or debate. The PRESIDING OFFICER. Without on May 20, 2015, in room SD-562 of the The PRESIDING OFFICER. Without objection, it is so ordered. Dirksen Senate Office Building, at 2:15 objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND p.m., to conduct a hearing entitled The concurrent resolution (H. Con. TRANSPORTATION ‘‘Challenging the Status Quo: Solu- Res. 47) was agreed to. Mr. CORNYN. Mr. President, I as tions to the Hospital Observation Stay f unanimous consent that the Com- Crisis.’’ mittee on Commerce, Science, and The PRESIDING OFFICER. Without MEASURE READ THE FIRST Transportation be authorized to meet objection, it is so ordered. TIME—H.R. 2353 during the session of the Senate on SUBCOMMITTEE ON THE CONSTITUTION Mr. CASSIDY. Mr. President, I un- May 20, 2015, at 2:30 p.m., in room SR– Mr. CORNYN. Mr. President, I ask derstand there is a bill at the desk and 253 of the Russell Senate Office Build- unanimous consent that the Com- I ask for its first reading.

VerDate Sep 11 2014 06:54 May 21, 2015 Jkt 049060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A20MY6.023 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE May 20, 2015 CONGRESSIONAL RECORD — SENATE S3199 The PRESIDING OFFICER. The ORDERS FOR THURSDAY, MAY 21, The PRESIDING OFFICER. Is there clerk will read the bill by title for the 2015 objection? first time. The senior assistant legislative clerk Mr. CASSIDY. Mr. President, I ask Without objection, it is so ordered. read as follows: unanimous consent that when the Sen- A bill (H.R. 2353) to provide an extension of ate completes its business today, it ad- f Federal-aid highway, highway safety, motor journ until 9 a.m., Thursday, May 21; carrier safety, transit, and other programs that following the prayer and pledge, ADJOURNMENT UNTIL 9 A.M. funded out of the Highway Trust Fund, and TOMORROW for other purposes. the morning hour be deemed expired, the Journal of proceedings be approved Mr. CASSIDY. I now ask for a second Mr. CASSIDY. If there is no further to date, and the time for the two lead- reading and, in order to place the bill business to come before the Senate, I on the calendar under the provisions of ers be reserved for their use later in the day; that following leader remarks, ask unanimous consent that it stand rule XIV, I object to my own request. adjourned under the previous order. The PRESIDING OFFICER. Objec- the Senate then resume consideration tion having been heard, the bill will be of H.R. 1314, with the time until the There being no objection, the Senate, read for the second time on the next cloture vote at 10 a.m. equally divided at 11:57 p.m., adjourned until Thursday, legislative day. in the usual form. May 21, 2015, at 9 a.m.

VerDate Sep 11 2014 05:14 May 21, 2015 Jkt 049060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\G20MY6.151 S20MYPT1 smartinez on DSK4TPTVN1PROD with SENATE