S3372 CONGRESSIONAL RECORD — SENATE May 26, 2011 called Doe v. Mukasey fix is needed to House and Senate leaders have struck a SECTION 1. SHORT TITLE. address a first amendment problem preliminary agreement for an extension to This Act may be cited as the ‘‘Small Busi- with the national security letter stat- June 2015 and may vote on the matter as ness Additional Temporary Extension Act of utes, and should not have been con- early as Thursday morning. This agreement 2011’’. was not easy to come by. Several Republican troversial in any way. Similarly, no SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF senators originally wanted permanent exten- AUTHORIZATION OF PROGRAMS one can seriously contend that periodic sions—a proposition rebuffed by most Demo- UNDER THE SMALL BUSINESS ACT audits by an inspector general of past crats and civil liberties groups. In the House, AND THE SMALL BUSINESS INVEST- operations presented any operational conservative Tea Party members, who wor- MENT ACT OF 1958. concerns to law enforcement or intel- ried about handing the federal government (a) IN GENERAL.—Section 1 of the Act enti- ligence gathering. These are vital over- too much power, earlier this year bucked a tled ‘‘An Act to extend temporarily certain sight tools that everyone should have move that would have kept the provisions authorities of the Small Business Adminis- alive until December. Congressional leaders tration’’, approved October 10, 2006 (Public supported. Law 109–316; 120 Stat. 1742), as most recently As it stands now, the extension of the were forced to piece together short-term ap- provals to keep the tools from lapsing. amended by section 1 of Public Law 112–1 (125 PATRIOT Act provisions does not in- The compromise four-year extension is im- Stat. 3), is amended— clude a single improvement or reform, portant because it gives law enforcement (1) by striking ‘‘Any’’ and inserting ‘‘Ex- and includes not even a word that rec- agencies certainty about the tools’ avail- cept as provided in section 3 of the Small ognizes the importance of protecting ability. But the bill would be that much Business Additional Temporary Extension the civil liberties and constitutional stronger if oversight and auditing require- Act of 2011, any’’; and privacy rights of Americans. We could ments originally included in the version (2) by striking ‘‘May 31, 2011’’ each place it have provided the necessary tools to from Sen. Patrick J. Leahy (D–Vt.) were per- appears and inserting ‘‘July 31, 2011’’. mitted to remain. Mr. Leahy’s proposal, (b) EFFECTIVE DATE.—The amendments law enforcement and the intelligence made by subsection (a) shall take effect on community, but could have done so which won bipartisan approval in the Senate Judiciary Committee, required the attorney May 30, 2011. while faithfully performing our duty to general and the Justice Department inspec- SEC. 3. EXTENSION OF SBIR AND STTR TERMI- protect the constitutional principles tor general to provide periodic reports to NATION DATES. and civil liberties upon which all congressional overseers to ensure that the (a) SBIR.—Section 9(m) of the Small Busi- American rely. tools are being used responsibly. Mr. Leahy ness Act (15 U.S.C. 638(m)) is amended— Today’s Washington Post included an has crafted an amendment that includes (1) by striking ‘‘TERMINATION.—’’ and all editorial that urged the Senate to ex- these protections, but it is unlikely that the that follows through ‘‘the authorization’’ tend the PATRIOT Act authorities but Senate leadership will allow its consider- and inserting ‘‘TERMINATION.—The author- also to include ‘‘additional protections ation. ization’’; At this late hour, it is most important to (2) by striking ‘‘2008’’ and inserting ‘‘2011’’; meant to ensure that these robust ensure that the provisions do not lapse, and tools are used appropriately.’’ The edi- which could happen as a result of a dispute (3) by striking paragraph (2). torial observed that the bill ‘‘would be between Senate Majority Leader Harry M. (b) STTR.—Section 9(n)(1)(A) of the Small that much stronger’’ if it included the Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) Business Act (15 U.S.C. 638(n)(1)(A)) is oversight and auditing requirements over procedural issues. If time runs out for amended— included in our amendment. That is consideration of the Leahy amendment, Mr. (1) by striking ‘‘IN GENERAL.—’’ and all why Senator PAUL and a dozen other Leahy should offer a stand-alone bill later to that follows through ‘‘with respect’’ and in- Senators had sponsored the amend- make the reporting requirements the law. serting ‘‘IN GENERAL.—With respect’’; The ACTING PRESIDENT pro tem- (2) by striking ‘‘2009’’ and inserting ‘‘2011’’; ment. That is why Senator LEE voted and for them this year in the Judiciary pore. The Senator from Oregon is rec- ognized. (3) by striking clause (ii). Committee. And I would note that Sen- (c) COMMERCIALIZATION PILOT PROGRAM.— ator KYL and Senator CORNYN sup- f Section 9(y)(6) of the Small Business Act (15 ported them in the last Congress. SMALL BUSINESS ADDITIONAL U.S.C. 638(y)(6)) is amended by striking I ask unanimous consent to have TEMPORARY EXTENSION ACT OF ‘‘2010’’ and inserting ‘‘2011’’. printed in the RECORD a copy of today’s 2011 SEC. 4. COMPETITIVE SELECTION PROCEDURES editorial from the Washington Post en- FOR SBIR AND STTR PROGRAMS. titled, ‘‘A Chance to Put Protections in Mr. WYDEN. Mr. President, I ask Section 9 of the Small Business Act (15 the PATRIOT Act.’’ unanimous consent that the Senate U.S.C. 638) is amended by inserting after sub- There being no objection, the mate- proceed to the immediate consider- section (r) the following: ation of S. 1082, introduced earlier ‘‘(s) COMPETITIVE SELECTION PROCEDURES rial was ordered to be printed in the FOR SBIR AND STTR PROGRAMS.—All funds RECORD, as follows: today. The ACTING PRESIDENT pro tem- awarded, appropriated, or otherwise made [From the Washington Post, May 25, 2011] available in accordance with subsection (f) pore. The clerk will report the bill by A CHANCE TO PUT PROTECTIONS IN THE or (n) must be awarded pursuant to competi- PATRIOT ACT title. tive and merit-based selection procedures.’’. The legislative clerk read as follows: (By the Editorial Board) f Congress appears poised to renew impor- A bill (S. 1082) to provide for an additional tant counterterrorism provisions before they temporary extension of programs under the SMALL BUSINESS ADDITIONAL are to expire at the end of the week. That Small Business Act and the Small Business TEMPORARY EXTENSION ACT OF much is welcome. But it is disappointing Investment Act of 1958, and for other pur- 2011—Continued poses. that lawmakers may extend the Patriot Act Mr. WYDEN. Mr. President, I ask measures without additional protections There being no objection, the Senate unanimous consent that Senator SES- meant to ensure that these robust tools are proceeded to consider the bill. used appropriately. Mr. WYDEN. Mr. President, I ask SIONS be recognized to speak for up to The Patriot Act’s lone-wolf provision al- unanimous consent that the bill be 20 minutes for debate only. lows law enforcement agents to seek court read three times and passed, the mo- The PRESIDING OFFICER (Mr. approval to surveil a non-U.S. citizen be- BROWN of Ohio). Without objection, it lieved to be involved in terrorism but who tion to reconsider be laid upon the table with no intervening action or de- is so ordered. may not have been identified as a member of The Senator from Alabama. a foreign group. A second measure allows the bate, and any statements relating to government to use roving wiretaps to keep the matter be printed in the RECORD. THE BUDGET tabs on a suspected foreign agent even if he The ACTING PRESIDENT pro tem- Mr. SESSIONS. Mr. President, we repeatedly switches cellphone numbers or pore. Without objection, it is so or- had an unfortunate series of votes last communication devices, relieving officers of dered. night, in my opinion, because it was all the obligation of going back for court ap- The bill (S. 1082) was ordered to be arranged by our leadership in the Sen- proval every time the suspect changes his engrossed for a third reading, was read ate to have a series of votes to do noth- means of communication. A third permits ing. That is unfortunate because the the government to obtain a court order to the third time, and passed, as follows: seize ‘‘any tangible item’’ deemed relevant S. 1082 United States of America, and the Sen- to a national security investigation. All Be it enacted by the Senate and House of Rep- ate are proceeding with an idea that three are scheduled to sunset by midnight resentatives of the United States of America in they do not have to have a budget. In Thursday. Congress assembled, fact, the majority leader, Senator

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3373 REID, said it would be foolish to pass a ity in the Senate, at least you should So the American people have come to budget. And as one of the staffers said, be able to produce a budget. So it pro- the conclusion that we need to change on background: Well, if we pass a budg- vides the Democratic majority—the 53 the trajectory of debt that we are pil- et, we will have to tell people how Democratic Senators they have—the ing on year after year, month after much we are going to raise their taxes opportunity to produce a budget on a month, day after day, by the billions— and talk about spending reductions, partisan basis if it cannot be done on a trillions, really. and that will not be popular. bipartisan basis. So the normal process The President’s budget, as scored by What did they do? One of the most is, you work with your colleagues on the Congressional Budget Office, would incredible things I have ever seen in the other side of the aisle, and if you produce uncontrolled debt year after the Senate. Did they express regret think a good agreement can be made in year after year, in amounts never be- that they could not pass a budget, that a bipartisan fashion, you do so and fore contemplated in our country, they would not state for the American move a bipartisan budget. making the debt trajectory of our cur- people a vision for spending and the fi- I remember last year when Senator rent baseline spending worse, not bet- nancial future of America? No. What Gregg, our Republican ranking mem- ter. did they do? They have the majority in ber, talked about his conversation with I was under the impression everybody the Senate. They called up the budget Senator CONRAD, and he said: He is not understood we had to change and get passed by the House of Representa- letting me see the budget. It is going to better. I thought, when we came in tives, which is a really historic budget, be produced the next morning. What with this Congress, the debate would be an honest budget that deals fairly and that means is, he is going to produce a over how much to change in the right objectively with the challenges we are partisan budget. He does not want our direction, how much could we do to re- facing, reduces spending, actually was opinion. He is not going to show us duce the deficits, put us on the right able to reduce some taxes, and pro- what is in his budget until the day of path. Not the President’s budget, posed, a decade out, that the Congress the mark-up. which made things worse. confront Medicare because it is going So this year, we wrote—all the Re- According to the Congressional Budg- broke. So what did they do? They publican members; I am the ranking et Office, which analyzed his budget called up that budget. Did they call it member now—we asked the Budget and scored it, as we say, the lowest sin- up to amend it? Did they call it up to chairman to show us his mark 72 hours gle deficit that budget would produce is offer us a chance to debate it and offer before the mark-up because he had not $748 billion, the lowest deficit to be amendments and fix anything anybody consulted with us and it appeared he produced under his 10-year budget. did not like about it? No. That was not was going to produce a partisan budg- President Bush was criticized for what was done. They brought it up et. Actually, he told me the date the spending. The highest budget deficit he only with the most limited debate be- hearing would commence to mark up had was $450 billion. That was the high- fore all four votes. They stacked all his budget, but he did decline to give us est President Bush had, and he was four votes on four different budgets and any advance notice or opportunity to criticized for that by many of my projections and just voted them down. see what was in it. Democratic colleagues quite vocifer- They voted down every budget that All I am saying is that the procedure ously. was offered. is set up realistically under the Budget President Obama is now heading to I have on my desk in my office the Act to allow the majority party to his third trillion dollar budget deficit. President’s budget. It is four volumes, meet its responsibility to pass a budg- This year, it is going to be $1.5 trillion, hundreds of pages, and it lays out a et. They do not need a single Repub- it looks like three times the size of budget. Every President submits budg- lican vote to pass a budget. I think it President Bush’s highest deficit. As I ets. They have a 500-person Office of is better if you can get a bipartisan said, the lowest deficit they are pro- Management and Budget staff. Every agreement. Oftentimes in the past, jecting is $748 billion, and then it year, they produce a budget. The law there have been. But since budgets rep- starts going back up again. In his 10th requires them to produce a budget. resent visions for America, oftentimes year, according to the Congressional This is the Code, the United States in recent years they have gone on pret- Budget Office, the deficit will be $1.2 Code Annotated, and in this is the law ty much a party line but not 100 per- trillion. that says a President should submit a cent. That is what I would say. It is an indefensible, irresponsible budget and the date by which he should So the President submitted his budg- budget. I am stunned that it was pre- do it. It says the U.S. Senate should et, and it was roundly criticized around sented here. It has been widely criti- commence markup in the Budget Com- the country, and I was a very severe cized, as well it should be. So it was mittee by April 1 and the Congress critic of it. So we offered that budget voted down last night. should pass a budget by April 15. Last last night. That was one of the four If you are going to vote down some- I heard, April 15 is long since passed. budgets that was offered. We brought it thing, should you not offer something How do you get a budget out of com- up. It is the only Democratic budget to in its place? That is what the fiscal mittee and to the floor of the Senate? be produced. I believe the Progressive commission that President Obama ap- What are we supposed to do by April 1? Caucus produced one in the House, but, pointed said. That was their rule. That The chairman is supposed to call a of course, it did not pass. It had a lot is what they promoted publicly: If you markup, and he is supposed to bring up of tax increases, a lot of spending in- oppose a budget, you should offer your the budget he proposes, offer it to the creases in it. It had no chance whatso- own. And, in fact, after Congressman Budget Committee. It is open for ever of being passed. The American RYAN, who served on the fiscal commis- amendment, change, and debate, then people sent us a message last year that sion with Mr. Bowles and Senator it is voted on. A budget should then they want us to get spending under Simpson, the cochairmen, he produced come out of the committee to the floor control. They want us to reduce the a budget. They gave him great credit. of the Senate. It has expedited proce- size and scope of government. That is They said it was honest and coura- dures, but you are allowed to offer what they asked us to do. geous, and it faced the challenges of amendments, and there is 50 hours of So the President’s budget came up America, and it deserved respect, and debate—not too much. It does not re- last night, and, 97 to 0, every Democrat then said: Anybody who does not agree quire the normal 60 votes we have to voted against the President’s budget. with that should show what they would have for legislation here; it only re- Well, they should because it was unac- do. quires a majority, 50 votes. ceptable. I have referred to it as the So yesterday afternoon, we had the That is basically designed, frankly— most irresponsible budget in the his- spectacle of Democratic Senators ham- when the people wrote the Budget Act tory of our country because we are in a mering and complaining about the back in the 1970s—to allow the major- deeper financial hole than we have ever Ryan budget, which in my opinion is ity party to be able to pass a budget been. That is just a fact, and it is not the most historic and responsible budg- because there were too many filibus- a short-term, little problem; it is a et to be produced in decades. No, it is ters of budgets and no budgets were problem that is getting worse in the not perfect. It is perfectly acceptable getting passed. If you have the major- years to come. to believe that it ought to be amended.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3374 CONGRESSIONAL RECORD — SENATE May 26, 2011 But it was a historic, honest attempt did yesterday—and then the majority years—that does not include the stim- at dealing with the fiscal challenges we leader is going to say, see, it is foolish ulus package, the almost $900 billion face, and would put us on a financial to produce a budget. I told you we stimulus package that was thrown out path to solvency and stability and could not produce a budget. We are not the door with almost no oversight. It eliminate the risk we are facing. We going to fool with having a budget this was just designed to spend. And do you probably should do more to reduce year. remember, it was supposed to stimu- spending than he proposed. But it was It has been 757 days since the Senate late the economy. courageous and bold and honest and has had a budget, because the majority We probably have had the slowest without gimmicks. I thought a very leader did not bring up a budget last ever rebound from a recession. It has impressive document. I looked forward year either. Does anybody have any been a very shaky recovery. They will to debating parts of it in our Budget wonder about why we are going to have say, well, we should have spent more. Committee. a $1.5 trillion deficit this year, why 40 But Rogoff and Reinhart, the profes- So what did we have last night? Yes- cents of every dollar we spend is bor- sors, tell us, when your debt gets as terday? They just brought it up and rowed? We spend $3.7 trillion and we high as that of the United States, then every Democratic Member voted it take in only $2.2 trillion. you begin to show a decline in growth. down. And why? Because he had the Experts and financial wizards all over One percent of GDP growth is reduced gumption to actually suggest that for the world are telling us, what are you when your debt reaches 90 percent of people 55 and younger, we should begin doing in the United States? You are GDP. We reached that this year, and to create a Medicare system that would about to threaten the world’s most we will go over 100 percent by Sep- be solvent and effective and save Medi- prominent economy. It could have tember 30. This is the budget that the President care, because the trustees have reduced worldwide ramifications. Our debt to has submitted to us. He has a large the year again at which it goes insol- GDP compares with Portugal and staff over there. They maintain it. A vent. Senator REID and Senator SCHU- Spain, almost as high as Greece. It will large number of them have been there MER had cleverly thought up this the- be 100 percent by September 30 of this for many years. The President sub- ory and were explicit about it. Their year. mitted to us a budget. It was rejected theory was they would not bring up And we are going away without a budget again. The people who have yesterday 97 to 0. It confirms the fact their own budget. They would not tell that we do not have a legitimate budg- asked to be given a leadership responsi- the American people how much they et before us. The President’s budget bility in the Congress cannot even wanted to increase their taxes. They has been rejected utterly. The Demo- comply with the Budget Act. They would not tell the American people crats have refused to produce one. they were going to cut anything, be- refuse to stand before the American They say: Why don’t you have a cause they might make someone un- people and say what they want to tax, mark-up and offer your budget? I can- happy and be unpopular. They would what they want to spend, what they not call a mark-up. The chairman calls just call up the Ryan budget and at- want to cut—because it would not be the mark-up. The majority leaders con- tack Republicans as wanting to kill popular. It would be foolish. fer and tell the chairmen when to call Medicare, and produce nothing in re- I do not think so. It is not accept- a mark-up. They decided not to call a sponse. They do not have any plan to able. You asked to be the leader of this budget mark-up. We do not have an op- fix the situation we are in. Congress. You asked to be the Presi- portunity to go to the Budget Com- I am disappointed about that. It is dent of the United States. You have a mittee and pass a budget. unthinkable that we would be recessing responsibility to submit a responsible We had such tremendous interest, and going home for a week without budget, an honest budget, a fact-based and a lot of the new people who got commencing markup hearings in the budget, a budget the American people elected to the Senate last fall wanted Budget Committee to produce a budget have an opportunity to understand, to to be on the Budget Committee. They that we are required by law to produce. read and study before we vote. And if traveled their States. They had heard It is unthinkable we would do that. the American people find we have cast from their people all over their States I will be presenting to the majority a bad vote, they can cast a good vote to that they wanted us to control spend- leader a letter today from Senators on throw some people out of Congress. ing. They wanted to be on the com- our side of the aisle—large numbers of They threw some people out last fall. mittee. It was the committee which Senators have signed it, saying, we do It does not look like we have gotten had more interest and more people not need to go home until we have con- the message—Business as usual. We are pushing to be on it than any other fronted this problem, and you have in denial. We do not have to change. committee. We finally selected a fabu- shown us how we are going to move Oh, no, you cannot cut this spending lous group of people to serve on the forward to meet our statutory respon- program. What do you mean you can- committee. And now we do not meet. sibility to pass a budget. not cut spending programs? Give me a Now we are not even going to mark up I think that is reasonable. That is break. The Alabama Governor, Dr. a budget. What a disappointment for what we are going to be asking today. Bentley, had to announce a 15-percent those new Members coming here with I am not going to vote to go home reduction in discretionary spending. vim and vigor and ready to do some- without having met our duty. We call Why? He did not have the money. Is thing about the future of the Republic. up our young men and women in uni- that something we have forgotten in You know, one of the things that was form. We say: You will go to Iraq for a Washington—when you do not have interesting about the President’s budg- year. They say: Well, I would rather money, you should not spend it? et is how much praise it got from our not go. It is in your contract. You Well, you say, it is all because of this Democratic colleagues who voted it signed up. You have to go. It is your economy, or something else. Look, down last night when it came out. This duty. And they say, yes, sir, and they under President Obama, nondefense is what Senator SCHUMER said about it: go. discretionary spending in 2 years went ‘‘This is a responsible proposal. I be- Many of them have lost lives and up 24 percent. We are going broke. We lieve this approach should have bipar- limbs and we ought to remember them are increasing spending on all the gov- tisan support.’’ Senator BILL NELSON: this Memorial Day. But Do not we have ernment programs. On an average, in ‘‘I personally think the President’s a duty here? I think we do. I think we the last 2 years that is 12 percent a budget is a step in the right direction.’’ have a duty to the United States of year. You know, the value of your Senator MAX BAUCUS: ‘‘The President’s America to produce a budget, whether money will double in 10 years if your budget strengthens our economy.’’ Sen- or not it is law. But it is law in the interest is 7 percent. At 12 percent, I ator BEN CARDIN: ‘‘President Obama United States Code. That is our duty. guess the size of government would in- has given us a credible blueprint.’’ Sen- We do not need to be going home until crease and double in 6 years. ator TOM CARPER: ‘‘The President’s we fulfill it, and we have a plan to go Great scott. No wonder people are budget is an important step forward.’’ forward with it. I want to say this is upset with us. We have been spending Senator FRANK LAUTENBERG: ‘‘Presi- not a little bitty matter with me. We incredibly recklessly. Also the 12 per- dent Obama’s budget presents a careful are not going to have four votes—as we cent I mentioned—24 percent in 2 evaluation of what our Nation needs.’’

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3375 They all voted no last night. You was rejected last night. If it caused us The PRESIDING OFFICER. Without know, with friends like that, you do to live within our means and allowed objection, it is so ordered. not need enemies, as they like to say. us to pay down our debt then I would RESIGNATION OF DOMINIQUE STRAUSS-KAHN But what about Mr. Erskine Bowles, vote for it. It did not come close to Mr. KIRK. Mr. President, last week, I the man President Obama chose to that. Yet the President talked about it spoke on the floor regarding the res- serve as chairman of the debt commis- all over the country, and his staff ran ignation of Dominique Strauss-Kahn, sion? Mr. Bowles talked about the around saying this budget will allow us who is managing director of the Inter- budget. He was rather stunned actually to live within our means. That is to- national Monetary Fund, due to the se- when it came out. It came out I think tally inaccurate, and that is irrespon- rious criminal charges he is now facing on Friday. On Sunday, Mr. Bowles said: sible. What the President should have in New York. ‘‘It comes nowhere close to where they done, and what our Democratic leaders Mr. Strauss-Kahn has since resigned, will have to go to avoid a fiscal night- have to help us with, is go to the Amer- but it appears he will now receive at mare.’’ ican people and, with clarity, without least a $250,000 taxpayer-funded sever- Can you imagine? This is the man equivocation, say we cannot continue. ance pay package from the IMF and President Obama chose to head the def- We must tell them big changes have to may be eligible for further undisclosed icit commission, and he hammered this be made, and we are so sorry this coun- amounts in annual IMF retirement budget. try has gotten in the shape we are in. benefits. He said it is nowhere close, and it is We must say that we are going to make Since the United States is the largest nowhere close to doing what we have to some changes, and we urge you to help contributor to the IMF, we now face do. So I believe what we went through us stick together and do it. We must do the potential share scenario where the yesterday was a sham, a mockery, a this to put the country on the right American taxpayer is partly under- joke, and had no meaning. It was noth- path. writing severance payments and retire- ing but politics, nothing but an avoid- But what do we have? We have Con- ment packages to a man who is pend- ance of responsibility to help provide gressman RYAN, in the Republican ing a criminal conviction as a felon. leadership. House, who had the temerity, the cour- This is clearly unacceptable, and it is We all know some serious choices age, the discipline, and the sense of my hope that the U.S. executive direc- have to be made, and I will close with duty sufficient to pass a budget that tor to the IMF, Meg Lundsager, advo- these thoughts. We are going to need a would actually do what needs to be cates that no future benefits pass to partnership in the Senate between our done. They called it up and attacked it Mr. Dominique Strauss-Kahn, if he is parties. There are going to be some with everything they had, but they will convicted of the crimes with which he tough choices which have to be made. not produce anything of their own. is charged. In my view, we simply cannot continue It cannot be denied that this is a fail- As you know, the IMF is spear- at our rate of spending. It has to be re- ure of leadership. I believe the process heading efforts to manage a very wide duced. But we have people in denial, and path we are on now is dangerous; it and deep European debt crisis. Despite who don’t think it has to be reduced. is not public, it is secret. They tried to my reservations about U.S. taxpayer But when your lowest deficit in 10 produce a secret plan on comprehensive bailouts for Greece, Ireland, and Por- years is projected to be $740 billion, and reform of immigration. The American tugal, the institution does play a very this year’s will be the highest in the people heard about it, and down it critical role in financial leadership. I history of the Republic, $1.5 trillion or went. They tried to negotiate in secret think it needs to set an example, espe- more—how do we get there? this health care reform bill. They were cially with regard to its now-disgraced We are going to have to make some able to hold their votes on a straight leader. choices. I have saluted the Gang of Six, party-line vote—60 to 40—but the Mr. Strauss-Kahn has failed to live who have tried. Apparently, they have American people were not happy with up to the expectations of his institu- fallen on hard times and the prospects the process or results and a lot of peo- tion and what the American taxpayers aren’t good for that. Now the Vice ple who participated in that spectacle support. President is meeting. There is some ex- didn’t come back after this last elec- STATE BAILOUTS cuse, they say, that we don’t have to do tion. Mr. President, the U.S. Treasury is our business openly and before the pub- That is not the path we are hearing scheduled to borrow over $1.4 trillion lic and stand and be accounted for be- from our constituents. Our constitu- this year, and we have a scheduled in- cause that would not work. People are ents are saying: You work for us. We terest payment of over $220 billion. We afraid to make tough choices and deci- want to see you publicly stand and de- will pay more in interest this year sions in public. fend the values we believe in. If you than we do for the cost of the U.S. I believe the American people are not don’t do so, we are going to hold you Army. I am very concerned about this happy with us. I know they are not accountable. I think that is democracy situation and also an underreported fi- happy with us. Seventy percent of in America, and that is healthy. I don’t nancial situation developing in Amer- them believe this country is on the think there is anything wrong with it. ican States. The situations in my home wrong track, and the biggest part of I respect the American people who are State of Illinois and the State of Cali- that, surely, is our fiscal management. watching Congress and demanding that fornia are the most dire. I would regret They know this debt cannot be sus- we change the trajectory we are on. any attempt by these States to seek a tained. So we need to do something. I believe strongly that we need to do Federal bailout. To defend the full The best way to do it is to follow the better. I believe strongly that this Con- faith and credit of the United States, I regular order, follow the legally con- gress should have in play and commit think we should move forward with a stituted method of budget processing. before we recess—or not recess—a plan resolution that I introduced with a Let’s have a Budget Committee meet- to deal with the financial crisis our Na- number of other Senators, S. Res. 188, ing, and if the Gang of Six has ideas, tion faces. When we do that, we can that expresses the sense of the Senate let’s have them brought up in the feel like we are fulfilling our duty both that we should have no Federal bailout Budget Committee and vote on them. If in law and morally to the people who for the States. Vice President BIDEN wants to send have given us the honor of serving in This is an issue that has concerned something over, I am glad to hear it. If this body. the Senate once before. In the 1840s, we the President wants to send his people I yield the floor and suggest the ab- faced a funding crisis of the States. over to defend this budget that has sence of a quorum. The Senate wisely advised then-Sec- been rejected 97 to zero, let them do it. The PRESIDING OFFICER. The retary of the Treasury Daniel Webster I will tell you what he and his Budget clerk will call the roll. to seek or report on any discussions Director, Mr. Lew, said—can you be- The assistant legislative clerk pro- that he might have had that could have lieve it? They said this budget will ceeded to call the roll. led to guaranteeing State debt. It was allow us to live within our means and Mr. KIRK. Mr. President, I ask unan- the Senate’s express resolution that not spend money we don’t have. That is imous consent that the order for the prevented Treasury Secretary Webster the way they promoted this budget. It quorum call be rescinded. from bailing out the State’s

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3376 CONGRESSIONAL RECORD — SENATE May 26, 2011 debt. The crisis at the time was even costs we defend the credit rating of the What is happening right now is so in- reflected in Charles Dickens’ famous United States. It is our sacred duty to humane. I wish I had the pictures I book ‘‘A Christmas Carol,’’ in which make sure that what is befalling the showed before. The beautiful First Scrooge was described as someone who people of Greece and the people of Por- Lady, Simone Gbagbo, is a beautiful was less than wealthy because he had tugal and the people of Ireland, being lady, and they took her into captivity, overinvested in what were called misruled by governments that said yes pulled her hair out by the roots, and United States sovereigns. In fact, the to every special interest spending idea ran through the streets of Abidjan, phrase in the ‘‘Christmas Carol’’ is and no to their economic future, does holding up her hair in their hands. ‘‘not worth a United States sovereign’’ not infect the credit rating of the They are murdering everyone who is a because of the spend-thrift policies of United States. friend of that administration. many State governments at the time. That is why this resolution is so Well, I have one plea right now. The Senate at that time took the needed, and that is why I am so proud There are a lot of options on what they correct action to prevent the spend- to submit it today in the full and com- can do. They can murder the President thrift actions of several States from plete historic financial tradition of the and First Lady—and they are consid- contaminating and ruining the credit Senate. ering that now. They are trying to con- rating of the United States itself. I yield the floor. sider some way to make it look like Our credit rating is already under The PRESIDING OFFICER. The sen- suicide. I don’t know what they are stress with reports, especially by ior Senator from Oklahoma is recog- doing. The State Department doesn’t Standard & Poors, that we may face a nized. know what they are doing. Unfortu- loss in the AAA credit rating invented Mr. INHOFE. Mr. President, I ask nately, the State Department doesn’t to symbolize the strength of the United unanimous consent to speak as in even care what they are doing. States if we don’t change the spending morning business for 10 minutes. One of the options would be to allow course soon. A way to accelerate the The PRESIDING OFFICER. Without the President and the First Lady and loss of a AAA credit rating is to guar- objection, it is so ordered. some who are close to go to another (The remarks of Mr. INHOFE per- antee or somehow bail out spend-thrift country in Sub-Saharan Africa and be taining to the introduction of S. 1085 States such as Illinois or California. able to stay in that country. We have are printed in today’s RECORD under In Illinois, we have a very courageous already located host countries to allow ‘‘Statements on Introduced Bills and State treasurer who just took office that to take place. Joint Resolutions.’’) and made a clear statement. Treasurer So I am making an appeal right now. Dan Rutherford has told the leaders of COTE D’IVOIRE I can’t get the Secretary of State to my own State they need to stop bor- Mr. INHOFE. Mr. President, I have talk to me about it. I can’t get anyone rowing, they need to stop spending. He made four speeches on the floor in the else but just a handful of people, but is seeking no Federal bailout for his last month about the disaster, the ca- we need to do something and do some- State. The State situation is quite tastrophe that is taking place in a thing now—today. If we wait until dire. country in west Africa called Cote after this recess, I would almost say By one estimate, the revenues and d’Ivoire. Cote d’Ivoire is a country their blood will be on the hands of the pensions of the State of Illinois are the whose President, the legitimate Presi- State Department because we can do worst funded in America. Less than 40 dent, I might add, is Laurent Gbagbo, something about it now. All we have to percent of the pensions, by one esti- with his wife Simone. Someone named do is encourage the new, illegitimately mate, have been funded. With this type Alassane Quattara, from the northern elected President of Cote d’Ivoire— of track record, you could see a situa- part of Cote d’Ivoire, with a rigged Alassane Ouattara—and his adminis- tion in which California or Illinois, in a election, came in; it was certified. It tration to give an opportunity for an- crisis, would seek a bailout from the was all set up before we knew what was other state to host these two individ- Senate and from the House. I think we going on. uals. Quite frankly, I think that would should repeat the wise precedent set in That individual’s name is Quattara. be a very smart thing politically for the 1840s, the advice we sent to Treas- His death squads today, this very mo- him to do because with the other two ury Secretary Daniel Webster to set a ment as we speak, are roaming the options, we all know what happens. We clear marker for our own Treasury Sec- streets of Abidjan in Cote d’Ivoire. He know what martyrs are, and that is retary to make sure there is no bailout is murdering and he is raping. Right what would happen. now they have in captivity Laurent for the States. To protect our credit So this is, I guess, a final appeal to Gbagbo, the legitimate President of rating, I think this action is necessary, anyone who is sensitive to the tor- Cote d’Ivoire. I think they are in the especially to reassure the credit rating turing, raping, and murdering that is process of perhaps killing him right agencies. going on today to join me in encour- What would happen if we don’t? now. We don’t know that. The State aging the State Department, the Could we provide temporary benefits to Department does not know it. No one United Nations, France, and Alassane Illinois and California? We could. Could knows it. Ouattara to turn over President and we underwrite their policies of spend- We had a hearing. The State Depart- Mrs. Gbagbo to a host country for their thrift ways? We could. Would we accel- ment was totally without compassion asylum. erate a loss of the AAA credit rating of or concern over what is happening in With that, I yield the floor. the United States? We could. We are al- the streets of Abidjan. We saw, we wit- ready seeing an example of what hap- nessed on video, the helicopters coming The PRESIDING OFFICER (Mrs. pens when you drive your national through and destroying that city. We HAGAN). The Senator from Florida. economy off a cliff. Many of us origi- have friends there right now who tell OIL SPECULATION nally hailed from our long-time ances- us that even today the death squads of Mr. NELSON of Florida. Madam tors who passed from Ireland, and re- Alassane Quattara are roaming the President, we have all heard the phrase cently the Irish Government finances streets murdering people. No one can ‘‘drill, baby, drill.’’ Well, it is inter- collapsed as they lost their credit rat- say within 10,000 people how many peo- esting that the pro-oil company folks ing. Because interest rates spiked in ple they murdered. think that all of our answers have to that country so fast, 53 percent of My concern is it is too late to do any- do with drilling because, lo and behold, mortgages in Ireland were foreclosed in thing about that. They rigged the elec- we have actually increased our domes- a short space of time after the loss of tion. I documented it. I sent the docu- tic production. Let me quote from a their credit rating. mentation to the State Department. Reuters story from May 25: We need to act to protect the people They paid no attention to it. France Crude oil production, especially in the deep of the United States from such an eco- was behind the whole thing. France waters of the Gulf of Mexico, increased by nomic fate. That is why we need to say wants to have as much control as they 334,000 barrels per day between 2005 and 2010, no to any State bailouts, why we need can of west Africa. They conned the which also cut into foreign oil purchases. to cut spending in Washington, and United Nations into it and our State As a matter of fact, the article goes why we need to make sure that at all Department went along with it. on to say:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3377 Imports of crude and petroleum products ago—entitled ‘‘U.S. Suit Sees Manipu- happened back in 2008 when the price of accounted for 49.3 percent of the U.S. oil de- lation of Oil Trades.’’ Let me quote gas went so high. Speculators con- mand last year, down from the high of 60.3 from the article. stitute now anywhere from two-thirds percent in 2005. It also marked the first time The suit says that in early 2008 they tried to 80 percent of the market. They are since 1997 that America’s foreign oil addic- to hoard nearly two-thirds of the available tion fell under the 50 percent threshold. no longer a bit player, they are the supply of a crucial American market for main player, and this is what we need Now, that is worth noting. That is crude oil, then abruptly dumped it and im- to end. really something because the trend is properly pocketed $50 million. In last year’s financial reform bill, reversing. Maybe it is that we are get- So the Federal commodities regu- we directed the Commodity Futures ting more energy conscious. Maybe it lators filed a civil lawsuit against two Trading Commission to set hard limits is that we are expending less gasoline obscure traders in Australia and Cali- on the speculative positions. We gave in our vehicles because of the higher fornia and three American and inter- them a deadline of last January 21. miles-per-gallon standards. Maybe we national firms. This was in the context Now we are here months past the dead- are remembering to turn off the lights of 3 years ago, in 2008, when oil prices line, but the CFTC has not yet final- when we leave the room. Maybe we are had surged past $100 a barrel. There ized a rule. being a lot more sensitive to how vul- were those suspicions then that traders Why should they do this? If you are a nerable we are because we depend—as had manipulated the market, and that legitimate user of oil—say, an airline— we have in the past—on upwards of 60 ultimately has led to a number of com- you have every reason to want to hedge to 70 percent of our daily consumption mentaries and investigations. against the price of that oil going way from foreign shores, places such as Ni- Well, the regulators at the Com- up, so you buy a contract for delivery geria and the Persian Gulf and Ven- modity Futures Trading Commission of oil at a specified price at a future ezuela. have now filed this suit, and they are date. But if you are a speculator—buy- Now, I have just named three very looking into the fraud being utilized in ing and selling oil futures contracts, unstable parts of the world that could, these oil and gas markets, particularly having no intention to use the oil, hav- at any moment, cut off that produc- the commodity futures markets. ing only to put as a downpayment a tion. So maybe America is finally wak- In the past months, I have come to bare percentage of the total contract ing up to the fact that, lo and behold, the Senate floor several times to dis- price—you can manipulate that price we have to be concerned about our en- cuss the net result of all of this, which upwards by buying and selling those ergy sources and not depend so much is what we pay at the pump, and how it contracts. This is exactly what hap- on foreign production. directly links to these oil speculators pened back in 2008. It is what is hap- The mantra ‘‘drill, baby, drill’’ im- and the game they play in running up pening again, as we have seen the price plies that if we just continue to drill— the price of oil. Using the data from of a barrel of oil go up and up. in places where we can drill domesti- the Commodity Futures Trading Com- We passed the law last year. The cally—that is going to solve our prob- mission and price data from the Energy Commission has the authority. We lem. But that ignores the fact that it Information Administration, we have should not have to pass another law takes about 10 years to take an oilfield shown on this floor in speech after that requires them to do it, but if the and get it into production. So that speech—until I am blue in the face— CFTC cannot get the job done, then we doesn’t solve our problem now as we the direct link between the rising level are going to have to. That is the bot- are facing these high gas prices. That of speculators and their speculation in tom line. is what I want to talk about, the high our energy markets and the sky- The American people are outraged. gas prices. rocketing oil and gas prices. Here America is lowering its consump- We ought to drill where we should. A When the top executives of the five tion of oil, here America is lowering its lot of people do not know that of the 37 largest oil companies in the United imports of oil, here we are getting million acres that are leased in the States testified a week ago in our Sen- more energy conscious, and yet the Gulf of Mexico only 7 million are ate Finance Committee on what role price of gas keeps going up. It is time drilled. There are 37 million acres speculation played in the oil markets, I to put an end to this. leased in the Gulf of Mexico, but only asked them to please explain why gas I yield the floor, and I suggest the ab- 7 million of those 37 million acres are prices are remaining so high when oil sence of a quorum. The PRESIDING OFFICER. The drilled. So let’s do drill, baby, drill. prices have begun to fall. Madam Presi- Let’s drill on all those leases, those 30 clerk will call the roll. dent, you should have heard the mum- The bill clerk proceeded to call the million acres in the gulf and elsewhere bling around that followed. The truth roll. that are existing leases and that is, speculators, whether they are active Mr. MCCAIN. Madam President, I ask haven’t been drilled. traders or passive investors, have hi- unanimous consent that the order for But it is not the world oil market jacked our oil markets in recent years, the quorum call be rescinded. and the U.S. consumption that is caus- and the American people are the ones The PRESIDING OFFICER. Without ing these gas prices to go up. There are who are suffering the consequences be- objection, it is so ordered. other factors, and I want to talk about cause the price of that gas goes up The Senator from Arizona is recog- that as well. It is true there are new when we pump it into our cars. nized. demands on oil consumption from bur- Oil prices are set in futures markets, Mr. MCCAIN. I thank the Chair. geoning countries such as China and such as those regulated by the Com- Mr. President, in a few minutes my India, and that causes more oil to be modity Futures Trading Commission. colleague from Maryland, Senator consumed from the world marketplace. Futures contracts—meaning we buy a CARDIN, will be introducing a bill But remember what I just cited; that contract of oil at a specified price to be which I am a cosponsor of, along with the United States is lowering its con- delivered at a future date—allow oil a large bipartisan group of our col- sumption of imported oil. So that is producers to lock in prices on their fu- leagues. I wish to emphasize at the out- clearly not a factor affecting the price ture output. Those contracts also allow set that some may characterize this of oil worldwide or the price at the large consumers of fuel, such as air- legislation as anti-Russian. In fact, I pump we pay for the refined gasoline. lines, to lock in a price as a hedge believe it is pro-Russian. It is pro the No, there is another reason. That against inflation and that future price people of Russia. It is pro the people reason happens to be the speculators swinging way up. who stand up for human rights and de- who are out there running up the price The futures markets were intended mocracy in that country which, unfor- on commodity exchanges for oil futures to bring actual producers and real con- tunately, seems to be sadly deprived of. contracts. Those prices run up until sumers of oil together, and, in doing so, This legislation, as my colleague and they are ready to dump them, and then the supply would match the demand. friend Senator CARDIN will describe, re- suddenly they go down. Speculators then were allowed to play quires the Secretary of State, in con- I want to call the attention of the a limited role to ensure there was suffi- sultation with the Secretary of the Senate to a New York Times story cient liquidity in the market. But then Treasury, to publish a list of each per- from May 24—just a couple of days here is what happens—and this is what son whom our government has reason

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We are for people that Magnitsky uncovered; is respon- Khodorkovsky and his associate which being able to come forward and tell us sible for extrajudicial killings, torture, is, in many ways, tantamount to a about problems and be able to correct or other gross violations of human death sentence; again, one of these bla- things. They condemn the abusers, but rights committed against individuals tant abuses of justice and an example they take no action. They think their seeking to expose illegal activities in of the corruption that exists at the words will be enough. Well, we know Russia or exercise other universally highest level of government. differently. We know what is happening recognized human rights. I wish to say again I appreciate the today in Russia. Second, the individuals on that list advocacy of my colleague from Mary- We know the tragedy of Sergei would become the target of an array of land and his steadfast efforts on behalf Magnitsky was not an isolated episode. penalties, among them, ineligibility to of human rights in Russia, Belarus, and This is not the only time this has hap- receive a visa to travel. They would other countries. It has been a great pened. My colleague from Arizona men- have their current visas revoked, their honor to work with him and for him in tioned the Mikhail Khodorkovsky case. assets would be frozen that are under bringing this important resolution to Mr. Khodorkovsky is today in prison U.S. jurisdiction, and U.S. financial in- the floor of the Senate. with even a longer sentence. Why? Be- stitutions would be required to audit I ask unanimous consent that at the cause he had the courage to stand up themselves to ensure that none of appropriate time, the Senator from and oppose the corrupt system in Rus- these individuals are able to bank ex- Maryland and I be allowed to engage in sia and something should be done cess funds and move money in the U.S. a colloquy. about it. That is why he is in prison, financial system. The PRESIDING OFFICER. Without and that is wrong. I guess the first question many peo- objection, it is so ordered. So it is time we do something about ple will be asking is who was Sergei The Senator from Maryland. this and that we make it clear that ac- Magnitsky? Who was this individual Mr. CARDIN. Mr. President, let me tion is needed. For too long, the lead- who has aroused such outrage and thank Senator MCCAIN, not just for ers in Russia have said we are going to anger throughout the world? He was a taking time for this colloquy con- investigate what happened to Sergei tax attorney. He was a tax attorney cerning Mr. Magnitsky but for his Magnitsky. We think it is terrible he working for an international company longstanding commitment to justice died in prison without getting adequate called Hermitage Capital that had in- issues, human rights issues, and the medical care. As Senator MCCAIN vested in Russia. He didn’t spend his values the United States represents pointed out, here is a person whose life as a human rights activist or an internationally. only crime was to bring to the proper outspoken critic of the Russian Gov- We have had a long, proud, bipar- attention of officials public corruption ernment. He was an ordinary man. But tisan, and, most importantly, success- within Russia. As a result of his whis- he became an extraordinary champion ful record of promoting basic American tleblowing, he was arrested and thrown of justice, fairness, and the rule of law values such as democratic governance in jail and died in jail. He was tortured. in Russia where those principles, and the rule of law around the world. That cannot be allowed, to just say, frankly, have lost meaning. Engaging the countries of the Eastern Oh, that is terrible. We know the peo- What Sergei Magnitsky did was he Bloc in matters such as respect for ple who were responsible. In some cases uncovered a collection of Russian Gov- human rights was critical to winning they have been promoted in their pub- ernment officials and criminals who the cold war. We will never know how lic positions. Well, it is time for us to were associated with the Russian Gov- many lives were improved and even take action. That is why we have intro- ernment officials who colluded to de- saved due to instruments such as the duced this legislation. fraud the Russian state of $230 million. Helsinki Final Act and the Jackson- While this bill goes far beyond the The Russian Government in turn Vanik amendment. These measures de- tragic experiences of Sergei blamed the crime on Heritage Capital fined an era of human rights activism Magnitsky, it does bear his name, so and threw Magnitsky in prison in 2008. that ultimately pried open the Iron let me refresh everyone’s recollection Magnitsky was detained for 11 Curtain and brought down the Wall. with some of the circumstances con- months without trial. Russian officials, Thankfully, the cold war is over and we cerning his death. I mention this be- especially from the Interior Ministry, have a stronger relationship, both at cause some might say, why are we pressured Magnitsky to deny what he the governmental and societal levels, talking about one person? But as the had uncovered—to lie and to recant. He with countries in Eastern Europe. But, Soviet dictator Joseph Stalin said, refused. He was sickened by what his sadly, internationally recognized ‘‘One death is a tragedy; one million is government had done and he refused to rights and freedoms continue to be a statistic.’’ I rarely agree with Dic- surrender principle to brute power. trampled and, in many cases, with ab- tator Stalin, but we have to put a As a result, he was transferred to in- solute impunity. human face on the issue. People have creasingly more severe and more hor- With the possibility of Russia’s ac- to understand that these are real peo- rific prison conditions. He was forced cession to the World Trade Organiza- ple and real lives that have been ruined to eat unclean food and water. He was tion, and the Presidents of the United forever as a result of the abuses within denied basic medical care as his health States and Russia meeting in France, Russia. worsened. In fact, he was placed in ours is a timely discussion. Sergei was a skilled tax lawyer who even worse conditions until, on Novem- Last week, I joined my distinguished was well known in Moscow among ber 16, 2009, having served 358 days in colleague, the Senator from Arizona, many Western companies, large and prison, Sergei Magnitsky died. He was and 14 other Senators from both par- small. In fact, he even did some ac- 37 years old. ties to introduce the Sergei Magnitsky counting for the National Conference Sergei Magnitsky’s torture and mur- Rule of Law Accountability Act—a on Soviet Jewry. Working at the Amer- der—let’s call it what it really was—is broad bill to address what the re- ican law firm of Firestone Duncan, an extreme example of a problem that spected watchdog Transparency Inter- Sergei uncovered the largest known is unfortunately all too common and national dubbed a ‘‘systematically cor- tax fraud in modern Russian history widespread in Russia today: the fla- rupted country’’ and to create con- and blew the whistle on the swindling grant violations of the rule of law and sequences for those who are currently of his fellow citizens by corrupt offi- basic human rights committed by the getting away with murder. cials. For that he was promptly ar- Russian Government itself, along with Actions always speak louder than rested by the subordinates of those he its allies. words. The diplomatic manner of deal- implicated in the crime. He was held I note the presence of my colleague ing with human rights abuses has fre- under torturous conditions in deten- and lead sponsor of this important leg- quently been to condemn the abusers, tion for nearly a year without trial or

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3379 visits from family. He developed severe sinki Commission. She was a coura- arresting people who are just speaking medical complications which went de- geous human rights defender who was their minds, doing their business le- liberately untreated, and he died on brutally assassinated. gally, putting them in prison, trying November 16, 2009, alone in an isolation So it is time for Russia to take ac- them, and in the Khodorkovsky case cell while prison doctors waited outside tion. But we cannot wait; we need to actually increasing their sentences the his door. Sergei was 37 years old. He take action. more they speak out against the re- left behind a wife, two sons, a depend- Mr. MCCAIN. Will the Senator yield gime. ent mother, and so many friends. for a question? That is how authoritarian they want Shortly after his death, Philip Pan of Mr. CARDIN. I yield back to my col- to be and how oppressive they are to the Washington Post wrote: league. human rights. But I could go further. If Magnitsky’s complaints, made public by Mr. MCCAIN. First, I thank my col- one is a journalist in Russia, and they his attorneys as he composed them, went un- league from Maryland for a very elo- try to do any form of independent jour- answered while he lived. But in a nation quent and, I think, very strong state- nalism, they are in danger of being where millions perished in the Soviet gulag, ment, to which I can add very little. beaten, being imprisoned, being mur- the words of the 37-year-old tax lawyer But isn’t it true, I ask my friend, that dered. It is very intimidating. The list struck a nerve after he died . . . his descrip- this Magnitsky case and the goes on and on. tions of the squalid conditions he endured Khodorkovsky case, which I would like have been splashed on the front pages of Mr. MCCAIN. Could I ask my col- newspapers and discussed on radio and tele- for us to talk a little bit more about, league, what implications, if any, does vision across the country, part of an outcry are not isolated incidents? the Senator from Maryland believe this even his supporters never expected. In other words, this is the face of the should have on the Russian entry into I think Senator MCCAIN and I would problem in Russia today. As the Sen- the World Trade Organization? agree, there is a thirst for democracy ator mentioned, in its annual index of Mr. CARDIN. Well, it is very inter- around the world. People in Russia perceptions of corruption, Trans- esting, I say to Senator MCCAIN. I just want more. They want freedom. They parency International ranked Russia came from a Senate Finance Com- want accountability. They want honest 154th out of 178 countries—perceived as mittee hearing, and we were talking government officials. They are out- more corrupt than Pakistan, Yemen, about a free-trade agreement. I am for raged by what happened to Sergei and Zimbabwe. The World Bank con- free-trade agreements. I think it Magnitsky. siders 122 countries to be better places makes sense. It is funny, when a coun- I would point out just last week I to do business than Russia. One of try wants to do trade with the United met with a leader of the Russian busi- those countries is Georgia, which the States, they all of a sudden understand ness community who came here and World Bank ranks as the 12th best they have to look at their human traveled at some risk, I might say. country to do business. rights issues. Just visiting me was a risk. We have In other words, isn’t it true in the I think all of us would like to see people from Russia who are being ques- Magnitsky case, it is what has been Russia part of the international trade tioned because they come and talk to taking place all across Russia, includ- community. I would like to see Russia, us. But he said to me that what hap- ing this incredible story of which is already a member of a lot of pened here needs to be answered by the Khodorkovsky, who was one of the international organizations, live up to Russian authorities. He understands wealthiest men in Russia, one of the the commitments they have made in why we are introducing this legisla- wealthiest oligarchs who rebelled joining these international organiza- tion. against this corruption because he saw tions. A year after his death, and with no the long-term consequences of this But it is clear to me that Russia one held accountable, and some of kind of corruption and was brought to needs to reform. If we are going to have those implicated even promoted and trial, convicted, and then, when his business leaders traveling to Russia in decorated, The Economist noted: sentence was completed, they charged order to do business, I want to make At the time, few people outside the small him again? sure they are safe in Russia. I want to world of Russian investors and a few human- Talk about a corrupt system, isn’t it make sure they are going to get the rights activists had heard of Mr. Magnitsky. true that Vladimir Putin said he protection of the rule of law in Russia. A year later, his death has become a symbol should ‘‘sit in jail,’’ and we now know I want to make sure there are basic of the mind-boggling corruption and injus- that the whole trial was rigged, as re- rights that the businesspeople in Rus- tice perpetrated by the Russian system, and vealed by people who were part of the sia and the United States can depend the inability of the Kremlin to change it. whole trial? In other words, isn’t it upon. Regrettably, we know Sergei’s case, true, I would ask my friend from Mary- So, yes, I understand that Russia egregious as it is, is not isolated. land, that what we are talking about is would like to get into the WTO. We Human rights abuses continue one human tragedy, but it is a tragedy have, of course, the Jackson-Vanik unpunished and often unknown across that is unfolding throughout Russia amendment that still applies. I under- Russia today. that we do not really have any knowl- stand the origin of that law, and I un- To make this point more clear, let’s edge of? And if we allow this kind of derstand what needs to change in order look at another example far outside abuse to go on unresponded to, then, for Russia to be able to join the World the financial districts of Moscow and obviously, we are abrogating our re- Trade Organization. St. Petersburg in the North Caucasus sponsibilities to the world; isn’t that But I will tell you this: The best in southern Russia where Chechen true? thing that Russia can do in order to be leader, Ramzan Kadyrov, condones and Mr. CARDIN. I say to Senator able to enter the international trade oversees massive violations of human MCCAIN, you are absolutely right. This regime is to clean up its abuses in its rights, including violations of religious is not isolated. Magnitsky is not an own country, to make clear it respects freedom and the rights of women. His isolated case of a lawyer doing his job the rule of law; that businesspeople militia also violates international hu- on behalf of a client and being abused will be protected under the rule of law manitarian laws. As of this April, the by the authorities. We have a lot of ex- and certainly not imprisoned and tor- European Court of Human Rights has amples of lawyers trying to do their tured, as in the cases of Mr. ruled against Russia in 186 cases con- jobs and being intimidated and their Khodorkovsky and Mr. Magnitsky. We cerning Chechnya, most involving ci- rights violated. do not want to see that type of con- vilians. But in Mr. Khodorkovsy’s case, we duct. So Sergei Magnitsky’s case is not an have a business leader who was treated If Russia would do that, if they would isolated case of abuse by the Russian the same way just because he was a reform their systems, then I think we authorities. There has been a system- successful business leader. Even worse, would be a long way toward that type atic effort made to deny people their he happened to be an opponent of the of integration and trade. basic human rights, including one indi- powers in the Kremlin. Mr. MCCAIN. I thank my colleague vidual, Natalia Estemirova, who per- So we are now seeing, in Russia, from Maryland for an eloquent state- sonally visited my office at the Hel- where they want to quell opposition by ment about the situation as regards

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I think people understand it. care programs but our health care cases, have lost almost all hope be- They understand the basic human as- costs across the board that are borne cause of the corruption of the judicial pect to this. But sometimes they ask: by private insurers as well as private system, as well as other aspects of the Well, why should America be con- programs. Russian nation. cerned? Do we have a legitimate right In fact, ironically, it seems to me We all know that no democracy can to question this? Russia signed the doc- that one of the major accelerators of function without the rule of law; and if ument that acknowledges our right to the Medicare Program is the fact that there are ever two examples of the cor- challenge this and raise these issues. so many Americans—about 40 million— ruption of the rule of law, it is the I thank my colleague for yielding. do not have access to consistent qual- tragedy of Sergei Magnitsky and, of Mr. MCCAIN. I thank my colleague ity health care now. Yet, when they course, Mr. Khodorkovsky, who still from Maryland, and I hope we would turn 65, by right they have access to a languishes in prison; who, in his words, get, very rapidly, another 98 cospon- panoply of services. I have had discus- believes he—by the extension of his sors. sions with doctors, and they will tell I suggest the absence of a quorum. me that they say several times a day prison sentence—may have been given The PRESIDING OFFICER. The to their new Medicare patients: I wish a death sentence. clerk will call the roll. So I thank my colleague from Mary- The legislative clerk proceeded to I saw you 10 years ago because I would land. call the roll. not have to apply the expensive diag- Mr. CARDIN. Will my colleague yield Mr. REED. Madam President, I ask nostic and treatment. I could have for just one final comment? unanimous consent that the order for done something much easier, much less I think the Senator is right on target the quorum call be rescinded. costly if you had coverage and access. as to what he has said. I appreciate the The PRESIDING OFFICER. Without So that is one of the long-term ef- Senator bringing this to the attention objection, it is so ordered. forts we have underway, but we have to of our colleagues in the Senate. THE BUDGET do a lot more to go ahead and deal with I will respond to one other point be- Mr. REED. Madam President, we the issues before us. cause I am sure my colleague heard have been engaged in a very important We have seen Republican budget pro- this. Some Russian officials say: Why debate on our budget over the last few posals, but frankly I do not think they are we concerned with the internal af- days, and this debate will continue strengthen the middle class here in the fairs of another country? I just want to over the next several weeks, indeed, for United States, nor do they provide the remind these Russian officials, I want probably several months. It is not a kind of sensible investment that will to remind my colleagues here, that new debate. Like past debates, at the lead to job creation and provide the op- Russia has signed on to the Helsinki heart of it are important programs to portunities that are necessary for suc- Final Act. They did that in 1975, and middle-income Americans, such as ceeding generations in America. I they have agreed to the consensus doc- Medicare, Medicaid, and Social Secu- think they are more dedicated to an ument that was issued in Moscow in rity. In some quarters, they are under ideological commitment to simply re- 1991 and reaffirmed just last year with attack. This does not have to be the duce taxes, and that is something that the heads of state meeting in Astana, case. has to be tested and should be tested in Kazakhstan, just this past December. I In the 1990s, Democratic majorities the history of the last several years. am going to quote from that document: in the House and the Senate, with a That was the same argument that was The participating States— Democratic President, were able to made in 2001, that such tax cuts would Which Russia is a participating deal with this issue of deficits while generate huge growth in private em- state— preserving these programs and ployment, unleash huge economic forces here in the United States, and emphasize that issues relating to human strengthening, indeed, in many cases, rights, fundamental freedoms, democracy these programs. We were able to also frankly, over the last 10 years, that has and the rule of law are of international con- provide the kind of economic growth not been the case. cern, as respect for these rights and freedoms that generated job creation, not just So I think we have to be sensible. I constitutes one of the foundations of inter- increased GDP or increased profits on think we have to address the tax re- national order. They categorically and irrev- Wall Street, but jobs on Main Street. forms and tax reductions to middle-in- ocably declared that the commitments un- Much of these efforts were, frankly, come Americans, not continue to favor dertaken in the field of the human dimension undone, beginning in 2000 with tax cuts the richest Americans, when it comes are matters of direct and legitimate concern that did not, as advertised, produce the to tax proposals. So much of what the to all participating States— kind of private employment growth Republican budget seems to do is con- The United States is a participating that was necessary for our economy, tinue what they started in 2001—huge state— that shifted the burden to middle-in- relief for the wealthiest Americans. and do not belong exclusively to the internal come taxpayers, while giving the But it is increasingly putting the bur- affairs of the State concerned. wealthiest Americans extraordinary re- den on Middle America. In fact, it has Mr. MCCAIN. That was a statement lief and unfunded entitlement pro- been estimated that under the Repub- by the Government of Russia? grams, such as Medicare Part D and lican budget, individuals making over Mr. CARDIN. That was a statement two major conflicts, none of which $1 million would receive an average tax made by the 56 states of the OSCE at a were paid for. cut of $125,000 a year. That is a huge meeting of the Heads of State, which So now we, once again, face a situa- cut relative to whatever a working, happens about every 10 years. It just tion where we have a significant def- middle-income American might re- happened to have happened last year. icit, and we need to address it. Presi- ceive. Russia participated in drafting this dent Obama has begun that process One of the other aspects of this budg- statement. Russia was there, signed on with the same commitment to main- et is the impact it would have on Medi- to it, and said: We agree on this. It is taining Medicare, Medicaid, and Social care. Medicare is central to every fam- a reaffirmation as to what they agreed Security, not without reforms and ily in the country. In fact, look around to in 1991 in Moscow where we ac- strengthening, but making sure that at not just someone who is earning a knowledged that it is of international middle-income Americans and all wage hour by hour, but look at the interest, and we have an obligation and Americans can have access to these small businessperson, a man or a right to question when a member state vital programs. woman. Their retirement plan rests on violates those basic human dimension We have taken significant steps in the assumption that they will have ac- commitments. Russia clearly has done the long run to reform our health care cess to Medicare. The Republican’s pro- that. We have not only the right but system with the Affordable Care Act. posal, as I understand it, essentially

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3381 ends that for individuals who are about care, the senior would be on the hook who are on Medicaid, principally be- 55 years old or younger. Well, in the for an additional $12,500 in health care cause of nursing home care. And we next 10-plus years or so, they are going costs. In fact, it would likely result in have to ask ourselves, if these plans to to have to come up with a lot of money some seniors not even getting health provide block grants to States are en- to pay for the Medicare they assumed care insurance at all, not being able to acted under the Republican proposal, they would receive automatically when afford it or at some point, particularly whether those seniors still can main- they retire at 65. That is not just the as they aged, getting to the point tain themselves in these nursing facili- wage earner, the hourly worker who where no one would write them health ties, whether the costs will be so great goes in there; that is the small busi- care insurance because of the obvious on the States that they will be unable nessperson whose postretirement plan health risks they were. to keep up the level of effort, the level rests fundamentally on Medicare and So this is a plan that I don’t think of support they are today. them being able to buy a supplemental comports with the reality of Americans What seems to be inherent in all of health care plan to that. who have already planned to have ac- those proposals is not savings but So these are fundamental and, in cess to Medicare and also the reality shifting costs, not reforming the sys- fact, earth-shattering proposals, in my that what is proposed—an $8,000 trans- tem to be more efficient and more ef- view. fer payment to an insurance com- fective but simply shifting the cost Currently, seniors on traditional pany—would be inadequate to provide onto seniors, shifting the cost onto Medicare pay approximately $1,700 in the kind of minimum coverage we particularly middle-income Americans. annual premiums. They are charged a should be providing to our seniors. So, I am pleased that we did not ac- limited amount for every hospital stay, We have had examples before where cept these Republican budget pro- have a reasonable deductible for every particular Republicans would propose posals, which are the wrong way to ad- major procedure and treatment, and that they had a new, novel way to pro- dress our budget issues. pay copays for services and prescrip- vide private health care insurance in I yield the floor. tion drugs. They are even able to buy, lieu of traditional Medicare. When The PRESIDING OFFICER (Mr. as I alluded to, these Medigap plans so Medicare Advantage was established in COONS). The Senator from Indiana. they can supplement what Medicare 2003, seniors had the option of enrolling Mr. COATS. Mr. President, I wish to provides with additional resources, and in private health insurance plans that thank the Senator from North Dakota these supplemental plans are very af- were argued by their advocates as for allowing me to go first. I will be fordable. On average, Medicare then being cost-effective, as putting pres- relatively brief. spends $11,762 on every senior, and that sure on the public health care plan I have spoken on the floor on a num- is just an average. known as Medicaid. Madam President, ber of occasions regarding my frustra- But this would all change, and it 60,000 seniors in my State of Rhode Is- tion about the Senate not spending would inject a huge amount of uncer- land enrolled. Private Medicare Advan- enough time debating what I think is tainty if the budget that is proposed by tage plans sell consumers on additional the key, essential issue and challenge Republicans, that is still being debated benefits and smaller copays. They went facing us, probably greater than any by the Republicans, that is still being out—very selectively, I suspect—re- other challenge facing this body in a supported in many cases by Repub- cruiting seniors in a way that they long time. My frustration only grew licans is in any way enacted. hoped attracted the healthiest seniors, yesterday as we voted down four budg- In the year 2022, under the proposal, not the sickest seniors, to lower their et proposals. if the Republican budget were enacted, costs. However, in reality, most of You know, it has been 757 days since every senior who becomes eligible for these plans tended to cost more than we have passed a budget in this body, what we now call Medicare would be traditional Medicare as the smaller and so far, no budget has been proposed given $8,000 to address all their health copays were largely offset by higher this year out of the Budget Committee care needs and then sent to the mar- monthly premiums. for us to examine. The President of- ketplace to buy health care private in- So there are those who are still seri- fered up a budget earlier this year that surance. ously proposing this Republican ap- would have spent more, taxed more and Now, I guess I have reached a point proach to Medicare. I think it will be a borrowed more. It was voted down last in my life where I can reflect and re- mistake. I think it would reduce access night in what I think probably was a member that as a youngster in the to health care coverage for seniors. I do historic vote. I did not go back and 1950s, there was, in practically every not think the private market will jump check the records, but I am not aware one of my friends’ homes, a grand- up with $8,000. I do not think you will of any budget that has ever been pre- parent who was there because they see that Congresses in the future will sented by the executive branch to the didn’t have access to Medicare or Med- escalate the cost of these vouchers or Congress for approval that has not re- icaid. transfers to private insurance compa- ceived at least some votes. They were in a hospital bed in the nies in any way that would be commen- The vote last evening was 97 to 0 living room or in some other room. surate to the real cost seniors would against the President’s budget. It is al- They were being cared for by typically face. most unthinkable that a President— the mother, who was also trying to As a result, I think this proposal will the executive branch—would send a care for youngsters such as myself and do serious harm to health care and par- budget to the floor to be debated and my contemporaries. The reason was, ticularly to the middle-income Amer- voted upon and not achieve one vote. I regardless of how much money you ican who, regardless of whether they think what it tells us is that, obvi- have, at some point, insurance compa- are running a small business or work- ously, that budget was not designed to nies will not sell you insurance. You ing for an hourly wage, will now face gain any kind of bipartisan support. are old. You had health experiences the prospect of the great uncertainty, But it didn’t even obtain any partisan prior to that. You are a bad risk, and the great unknown of no adequate support. they are not in the business of insuring health care coverage when they reach It was not taken seriously, at a time bad risks. That was, as much as any- 65. We will go back in time to the pe- when we need to have in front of us a thing, the genesis of Medicare—the rec- riod of my youth where, quite frankly, serious budget to debate and vote on. ognition that the private health care seniors did not have the kind of health As I said, there have been 757 days market would not, regardless of the care coverage they have today and I be- without a budget before us. You cannot ability to pay, provide adequate cov- lieve the kind of health care coverage run a company, a family, or run any- erage. And I think we have forgotten they deserve. thing, unless you prepare a budget and that. With respect to Medicaid, there are avoid going into debt. That is where we When the Congressional Budget Of- also proposals here and the thought are today. fice, a nonpartisan organization, that Medicaid is just a program for Republicans did come forward with looked at the proposal, they essentially children and poor Americans. But, three proposals. Unfortunately, all of concluded that with this $8,000 transfer frankly, if you look at the statistics, those were voted down. You can argue to a senior in lieu of traditional Medi- there are 26,000 seniors in my State that none of those three were sufficient

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It A few weeks ago, the Medicare trust- budget, which we voted on yesterday, simply points out the dramatic growth ees announced that the hospital trust but unfortunately fell short, these are that has occurred and will continue to fund would be exhausted by 2024—5 the only proposals we have had in front occur over the years in the future. It years earlier than estimated in last of us to debate. These are the only pro- doesn’t take a mathematician—al- year’s report. Who knows what next posals we have had to vote on and set though the math is pretty simple— year’s report is going to tell us. the structure for how we are going to when you spend $3.7 trillion a year and The bottom line is this program is spend the taxpayers’ money. take in $2.2 trillion, that leaves you going to go broke. Failing to restruc- So here we are now approaching the with a big deficit. But it doesn’t take a ture Medicare jeopardizes the medical month of June, 5 months into the cur- mathematician or anybody with any benefits of present and future elderly rent calendar year, and 9 months into sophistication in economics to under- Americans. So rather than terminating the fiscal year, and we still don’t have stand that if we stay on the current Medicare, as has been charged but is a handle on how we are going to spend path, we are going to continue to see not true, rather than destroying Medi- the taxpayers’ money, what restric- this line escalate. This red on here is care, which has been charged but is not tions and restraints we will put on red ink. It is net interest we will owe. true, what we are trying to do is find a that, and how we can live within our What does that mean? It means that to way to restructure it in a way that means. continue borrowing in order to finance Medicare will be viable and solvent so This is the debate this Congress what we are doing, we are going to benefits will be available for future re- should undertake, and it has not been have to pay larger and larger rates of tirees. undertaken. Many of us have come to interest to the lenders because of the When Medicare was first enacted in the floor in situations such as this risks associated with our potential in- 1967, the program cost $2.5 billion. At where we have asked for some time to ability to pay back the loans we have that time, Congress predicted that the speak, but the issue itself has not been taken. program would cost $12 billion by 1990. put before us. We know there are nego- This flow of red ink, this red tide—if That wasn’t the case. We underesti- tiations going on relative to how to put we don’t address this, it is going to mated it just a bit—by $86 billion, a plan into place, but we are a long make it difficult for Americans to buy which is more than just a bit. When it way from that. cars, pay their mortgages, purchase starts at $2.5 billion, and you project it I am here once again to try to urge homes, and buy groceries. The prices of will be $12 billion, and you ended up my colleagues to work together and products will go higher because the in- being off on that estimate by $86 bil- try to achieve a result—or at least a terest rates will go higher. We are run- lion, you have to start asking yourself product on which we can have serious ning ourselves into a desperate situa- some questions. You have to start debate to determine the future of how tion. I think everyone understands thinking that maybe we got this for- we are going to spend the taxpayers’ that. I think it has been made clear to mula wrong, or maybe our assumptions dollars in a responsible way. The most the American people. didn’t turn out as we thought they important factor we have to address is We don’t have to spin this whole mes- were going to on the cost of Medicare. the need, in my opinion, to rein in sage here in order to convince the Today, Medicare is roughly $494 bil- Washington’s excessive spending. The American people we don’t have a prob- lion, with approximately $89.3 trillion bottom line is that government spend- lem. We do, and they understand that. in total unfunded liabilities. These are ing is out of control. The public under- That is what 2010 was all about. We staggering numbers. They are numbers stands this. I think the response in 2010 cannot continue to go forward in 2011 beyond our ability to comprehend. to those of us who were running in all without providing any basis of a real These numbers are beyond our ability the elections sent an unmistakable, solution to assure the financial world to sustain. long, loud, easily understood signal: We and the people that we are taking steps There is no possible way on Earth, no have too much government, we cannot in order to address this. matter how fast or how hard we grow, afford the government we have, and we I think there is a consensus—and if that we can reach solvency in the cannot continue to add even more gov- anybody doesn’t understand this, they Medicare Program without any action. ernment, which pushes us deeper into haven’t looked at the problem—that we Why? Because after World War II, sol- debt. could tax Americans to death, we can diers came home, and people had de- Nearly $1.4 trillion of our spending is cut discretionary spending by massive ferred having families, and the so- discretionary spending that requires us amounts, and we won’t begin to address called baby boom generation was born. to borrow money. That borrowed the problem we have, unless we address It has moved through our entire his- money increases our debt obligation re- the massive amount of spending on tory, over the last 60 years or so, like inforcing the need to rein in our spend- mandatory programs. We don’t have a pig moves through a python. Early ing. This is something we should de- control over mandatory programs in on, there was a rush to provide housing bate, something that is part of the re- terms of budgeting; they are simply for soldiers and their families. There sponsibility of the Congress and Sen- there, and if you are eligible, you get was a massive infusion of money into ate. When we are talking about ad- to draw from the program. All of that baby cribs and the need for hospitals dressing a national debt of over $14 is fine, if you have money to do it. But and doctors and nurses to deliver chil- trillion, we need to get serious. A little we are running out of money to pay dren. nick here, a little nick there in spend- those recipients who are continuing to A few years later, all of a sudden, we ing reductions will not solve the prob- receive benefits from these entitlement had to build a massive number of new lem. We need to look at the larger pic- programs. Unless we address those, we elementary schools. As this baby boom ture. We are staring down $14.3 trillion are not going to solve the problem. has moved through their lifespan, we in debt. Credit ratings by Standard & Let’s take a couple of these, and let’s have seen dramatic impacts on the Poor’s have downgraded the outlook look at Medicare. Everybody says this economy—many of them positive. But for the U.S. debt, with a negative warn- is a political nonstarter. If you dare the colleges that had to be expanded ing. Economic growth is sputtering talk about it, you are going to get and built, and universities and training across the country. Unemployment re- zinged in the next election, and you facilities, and the education that had mains high, and States are dipping will be characterized as taking away to be provided, the employment that deeper into the red, zeroing in on bil- benefits from the elderly, when the needed to be provided—all of this has lions—which is a lot of money, but it is plans that have been put forward don’t had a dramatic impact on our econ- only a minuscule amount compared to do anything of the sort. Nevertheless, omy. We have known for decades that the trillions we are saddled with in it is important to understand the di- eventually the pig moving through the debt that we ought to be addressing. It mensions of the problem we are facing python was going to reach the point of

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3383 retirement, and when it reached the compensation for services conducted discretionary spending, or that portion point of retirement, it was going to on one-third of their patients, it has a of the budget which we have control have an enormous impact on our fi- devastating impact on their businesses. of—and continue ignoring the entitle- nances. If we don’t reform Medicare, we lose ment programs or we can make a com- Instead of anticipating this coming Medicare. Let me repeat that. If we mitment and have the political will to and putting into place structural plans don’t take steps to reform Medicare, fulfill that commitment by saving that would accommodate the needs, le- we lose Medicare. If we don’t restruc- those programs through some sound re- gitimate needs of those for retirement ture the program, more patients will structuring. This does not mean cur- income and benefits, we have instead lose the care they desperately need. rent recipients of Medicare are going ignored this reality. We have pushed it Mr. President, a very prominent fig- to be knee-capped or have their bene- down the road. Nobody wanted to touch ure—a leader of this country—made fits dropped. This does not mean that it. Election after election, it was said this statement: even those nearing retirement are we better postpone that debate for the Almost all of the long-term deficit and going to face that prospect. What it next election because it is too hot to debt that we face relates to the exploding does mean is, if we don’t put the struc- deal with now. Well, it is all coming costs of Medicare and Medicaid. Almost all tural reforms in now to address the fu- undone. We are at the point almost of of it. That is the single biggest driver of our ture problems, we are going to lose the no return. Federal debt. And if we don’t get control over that we can’t get control over our Fed- whole program. The gravest threat to The proposals that have been put for- eral budget. Medicare is doing nothing. If we do ward—you may not agree with every That defines, in a very basic state- nothing, not only will Medicare col- portion of them, and I don’t. But the ment, exactly the challenge that is be- lapse but so will our fiscal house. House brought to us a budget plan. You In the papers today, a former Presi- fore us. It gives us the warning we need have to give PAUL RYAN a great deal of dent—another Democrat, Bill Clinton— to heed, and it should spur us into ac- credit for the extraordinary amount of has urged his fellow Democrats not to tion. work and effort he put into it. Maybe Let me repeat that statement once ‘‘tippy-toe around’’ Medicare. Con- you don’t like all of it, but it is at least again. tinuing that quote, he said the pro- a plan to debate, modify, and adjust; it Almost all of the long-term deficit and gram ‘‘is part of a whole health-care is something that gives us an oppor- debt that we face relates to the exploding system that has a toxic effect on infla- tunity to start down the path of paying costs of Medicare and Medicaid. Almost all tion.’’ He went on to say, ‘‘We’ve got to off our debt, of maintaining solvency of it. That is the single biggest driver of our deal with these things.’’ for the Medicare Program. Federal debt. And if we don’t get control Mr. President, I am here not to criti- That is what we ought to be debating over that we can’t get control of our Federal cize the Democrats for putting us in instead of saying we are into another budget. this situation. I think we all bear some cycle of ‘‘gotcha,’’ and you have That statement was made by Presi- responsibility. The country does not touched the third rail. You made the dent Barack Obama. It was not made want us to point fingers at each other, decision to put Medicare in play and go by a Republican. It was not made by an and they do not want us to use this as to the public and tell them we are editorial piece in the Wall Street Jour- a political advantage for the 2012 elec- going to take away their health care nal. It was not made by a tea party tion. They want us to do the right benefits when they retire. The opposite leader or advocate. It was made by our thing, which they all know needs to be is true. We are trying to save that for current President. Our President has done, and I believe they will reward us those who are retiring. We are trying said we cannot sustain what we are and recognize us for at least having the to look at ways to restructure the pro- doing, and we have to address it or it is courage to step forward and address a gram so it doesn’t break Medicare, or going to take down our whole budget. real problem that I think everyone now break our entire economy. I think that is true—it has been understands and recognizes. Today, the average man is living into backed up by analysts who have looked So whether it is the Paul Ryan plan his 70s, and an average woman into her at this whole situation, left, right, non- coming out of the House, whether it is 80s, or even 90s. As a result, more elder- political, political, whatever. Why then a Democratic budget plan coming out ly Americans are on Medicare than are we not going forward with address- of the Budget Committee, whether it is originally anticipated. The Federal ing this very question? That is what some other plan coming out between Government can no longer continue people sent us here to do in 2010. That the negotiations that are going on—or with business as usual. It is time for is what they are asking us to do now. should go on—between the executive some honesty for the American people. Yet we are acting as if this statement branch and the congressional branch, Washington is promising to deliver by the President of the United States this is something we have to do. We benefits it can’t afford. We can no has nothing to do with what we need to have simply got to put aside our par- longer nickel and dime doctors and do, that we can simply ignore this and tisanship and concerns and worry hospitals and force them to pay for the go forward and just cut a little here about the 2012 elections and rise above care Washington promised elderly and cut a little there but we can’t politics. We did that in 1983 when we Americans. More and more doctors are touch the entitlements—we can’t touch restructured Social Security. We had a forced to turn away Medicare patients. Medicare. Republican President, a Democratic The American Medical Association re- The papers are full today with head- House leader, and members of the vealed that 17 percent of the more than lines saying that the results of the New Democratic congressional committee 9,000 doctors surveyed are forced to York special congressional race was be- and Senate committee—the political limit the number of Medicare patients cause the people have been scared— people—all stood together and said: they accept. And among primary care well, they didn’t say ‘‘scared,’’ but that This rises above the election. It is too physicians, this rate is 31 percent. it was people saying ‘‘don’t cut our important not to address it. Why? Because we don’t have the money Medicare.’’ What it should have said is, We can just take this one issue and to reimburse them for the cost it takes those people who are saying ‘‘don’t cut say: Let’s take this out of politics. to provide that care. our Medicare’’ are basically saying Let’s stand together as Republicans The American Osteopathic Associa- ‘‘keep mine going until this thing runs and Democrats, along with the Presi- tion said 15 percent of its members re- out. I am afraid I might live too long, dent, and do what is right for the coun- fused Medicare and 19 percent declined and then I won’t have benefits at the try. to accept new Medicare patients. Phy- end.’’ But for sure our kids won’t have The bottom line is that no matter sicians and hospitals in my home State it, for sure our grandchildren won’t what we do here, if the President of Indiana are feeling the pain from the have it because at its current rate, as doesn’t support us in this effort, it will Congress’s inaction as well. Hospitals the President of the United States has not succeed. He has the veto pen, and such as Deaconess Clinic in Evansville, acknowledged, it is unsustainable. he has the ability to lead or not lead. IN, say one-third of their patients are So we have two options here. We can So I guess, as I have before, I am call- on Medicare. When hospitals and doc- continue with the status quo—we can ing on the President and saying this tors are not receiving the necessary quibble over how much to cut from our important issue can only be successful

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3384 CONGRESSIONAL RECORD — SENATE May 26, 2011 if he will engage and lead us and be kind of plan. But it was a step in the Let me just say again that I thank part of this effort to solve a problem right direction. It was a big step in the the Senator for his thoughtful presen- that affects every living American and right direction. So I supported it, along tation because that is what it is going those yet to be born in this country. It with the other 10 commissioners who to take. We are going to have to be dramatically affects our future but did. brave. We are going to have to show sooner than any of us, I believe, think. I want to say to the Senator from In- some political courage here to do what It affects our economy and our ability diana that I respect the presentation is right for our country. So I appre- to grow. he just made because, in larger terms, ciate the thoughtful remarks of the All of this has to be coupled with pro- it says what has to be said. We all have Senator from Indiana. growth policies. We can’t cut our way to be truth-tellers. However uncom- Let me make a brief review in re- out of all this. We can help restructure, fortable the truth is, we have to be sponse to some of what I have heard we can help make cuts where nec- truth-tellers. I believe the truth is that this morning because I have heard essary, and we can help our economy when the revenue is the lowest it has some things with which I strenuously grow by putting policies in place that been in 60 years as a share of GDP and disagree that I believe require a re- will stimulate the economy. That com- spending is the highest it has been in 60 sponse. We all agree we are on an bination, put together in a package, is years as a share of GDP, we have to unsustainable path. We are borrowing what we need to support. And I am hop- work both sides of the equation. We are 40 cents of every dollar. That cannot be ing we will put politics aside for this going to have to cut spending, and I be- continued. one issue that is so important to the lieve we are going to have to raise rev- As I indicated earlier, this is a 60- future of our country. enue. year look at the spending and revenue None of it is very popular. If you ask Mr. President, I have probably said of the United States. We can see the the American people, they will say to more than I needed to say at this par- spending line is the red line; the green you: Well, yes, get the deficit and debt ticular point in time. I appreciate the line is the revenue line. The spending under control, but don’t touch Social opportunity and again thank the Sen- of the United States as a share of na- Security, don’t touch Medicare, and ator from North Dakota for agreeing to tional income is the highest it has been don’t touch defense. And by the way, let me go forward here. As chairman of in 60 years. The revenue is the lowest it just those three are about 80 percent of the Budget Committee, I know he is has been in 60 years. Federal spending if you add up all the fully cognizant and aware of these Some of our colleagues say it is just mandatory programs and add up de- issues and is working to try to address a spending problem. Factually, I reject fense. That is about 80 percent of Fed- them also. I hope we can work together that. The facts show it is not just a eral spending. And if you ask the to find a solution to this very urgent spending problem—although it is clear American people, they say: Don’t touch problem. any of them. On the revenue side, they we do have a spending problem. When With that, I yield the floor. spending is the highest it has been in 60 The PRESIDING OFFICER. The Sen- say: Don’t touch that. Well, do you know what is left? Twenty percent of years, clearly we have a spending prob- ator from North Dakota. lem. But as this chart reveals, revenue Mr. CONRAD. Mr. President, I want Federal spending. If you start asking them questions is the lowest it has been in 60 years. So, to thank the Senator from Indiana for about the elements of that 20 percent, clearly, we have a revenue problem as his thoughtful presentation. There are they reject every one except one—for- well. parts of it with which I disagree, but eign aid. They say: Yes, cut foreign aid. Yesterday we voted on the package the overall theme of what he has said A majority supports that. The problem that came from the House of Rep- is undeniably true. is that is only 1 percent of the budget. resentatives. The package that came I believe our country is in deep trou- Here we are borrowing 40 cents of every from the House Budget Committee was ble. At the end of this year, we will dollar we spend, and even if we elimi- passed by the House of Representa- have a debt that is 100 percent of the nate all foreign aid, it does not make a tives. Even though that package was gross domestic product of the United material difference. defeated overwhelmingly and on a bi- States. We have had two of the leading The other thing the American people partisan basis here yesterday, again economists in this country tell us, support by a majority—the only other this morning we had colleagues come after a review of 200 years of economic thing—is taxing the wealthy. Let me and talk about what a great package it history, that when a country reaches a just say that I believe the wealthy are was. I do not believe it was a great gross debt of more than 90 percent of going to have to pay somewhat more. package. I think it was a terrible pack- its GDP, its future economic prospects But that won’t solve our problem be- age, and here is why—and now I am are diminished. And that is where we cause to solve the problem, you would quoting former economic adviser to are. So I agree with the Senator from have to have a top rate of 70 to 80 per- President Reagan, one of President Indiana that this is the time. We must cent on corporations and individuals. Reagan’s economic advisers, Mr. Bart- find a way to come together to craft a What would that do to the competitive lett. He said, about the House Repub- plan that deals with this debt threat. position of the United States? lican plan, the following: Five years ago, the ranking Repub- So I believe we all are going to have Distributionally, the Ryan plan is a mon- lican on the Budget Committee, Sen- to be truth-tellers, and before we are strosity. The rich would receive huge tax ator Gregg, and I came up with the done, we are going to have to find a cuts while the social safety net would be concept of a commission. That effort way to come together. I was part of shredded to pay for them. Even as an open- led to the commission that was in that effort on the commission. I was ing bid to begin budget negotiations with the place last year, and it came up with a part of that effort in this group of six, Democrats, the Ryan plan cannot be taken recommendation to reduce the debt $4 which is now a group of five because seriously. It is less of a wish list than a fairytale utterly disconnected from the real trillion over the next 10 years, and 11 of one of our members left. And there is 18 commissioners supported it. Senator world, backed up by make-believe numbers this other effort under way that is a and unreasonable assumptions. Ryan’s plan Gregg and I both supported it. We had leadership effort with the White House isn’t even an act of courage; it’s just pan- five Democrats, five Republicans, and being involved. At the end of the day, dering to the tea party. A real act of courage one Independent. That is the only bi- the White House has to be at the table. would have been for him to admit, as all seri- partisan plan that has emerged from What Senator Gregg and I had rec- ous budget analysts know, that revenues will anywhere. But we needed 14 of 18 to ommended was that the Secretary of have to rise well above 19 percent of GDP to agree for it to come to a vote in Con- the Treasury be the chairman of the stabilize the debt. gress. commission and the head of OMB be This is a former economic adviser to There were many parts of that plan I one of the 18 members. That wasn’t President Reagan commenting on the didn’t like. I would have gone further adopted by the Congress. We got 53 House Republican plan that we rejected than that plan. I proposed to the com- votes in the Senate for our proposal, on a bipartisan basis here yesterday. mission that we have a $6 trillion plan but 53 votes doesn’t pass things around Why does he say it is a monstrosity? of debt reduction because we could bal- here. You have to have 60. You have to He says it because even though revenue ance the budget in 10 years with that have a supermajority. So here we are. is the lowest it has been in 60 years,

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3385 the first thing the Republican budget fact, we will go you one more. We will going on with the White House on what from the House did was cut taxes fur- give you more tax cuts for the wealthi- the budget plan should be to deal with ther, an overwhelming tax cut for the est among us. our debt. This is something I have en- wealthiest among us after they already I tell you, that plan cannot stand couraged for years. enjoyed very significant tax reductions scrutiny. At the same time it says: You This year I have repeatedly called for over the last decade. know, because we have the lowest rev- a summit to deal with our debt, to get In fact, the plan that came from the enue in 60 years, and because we are a plan in place to cut spending, and, Republican House would have given going to give even more tax pref- yes, to raise revenue—hopefully with- those who have over $1 million of in- erences, more tax credits, more tax out raising taxes but by eliminating come a year on average a tax cut of schemes to the wealthiest among us, tax expenditures, tax loopholes, this over $192,000. For those who are as for- we are not going to be able to keep kind of scam we have just talked about tunate as to earn over $10 million a Medicare. of offshore tax havens and abusive tax year, the plan they sent over here I have heard colleagues say that shelters. That bipartisan leadership ef- would have given them on average a these Draconian cuts to Medicare that fort that is underway deserves a chance tax cut of $1,450,000. That is a fact. are in the House plan are a way of sav- to succeed. If they reach a conclusion, That is just a fact. ing Medicare. You don’t save Medicare they may need a budget resolution. Does that make any sense at all by destroying it. That is what the They may need us to have a markup in when the revenue of this country is the House plan does, make no mistake. It the Budget Committee to implement lowest it has been in 60 years, that the ends Medicare as we know it. Why do I their plan. first thing you do is dig the hole deep- say that? Let me just show you what it Some do not want to wait, they do er, give another $1 trillion of tax cuts does. not want a bipartisan agreement. But going to the wealthiest among us? It Right now, under traditional Medi- we simply must have a bipartisan makes no sense. care, the individual pays 25 percent of agreement if there is to be any chance It did not end there because the plan their health care costs. That is how it for success. from the House also would permit a works today. You pay about 25 percent. The House is controlled by the Re- scam that is occurring to continue. A senior citizen eligible for Medicare publicans. The Senate is controlled by The scam I am referring to relates to pays about 25 percent of their costs. the Democrats. There is a Democrat in this little building down in the Cayman the White House. The only possible Islands, Ugland House. This little five- Under the House Republican budget plan that they passed and sent to the way that a plan is actually passed into story building down in the Cayman Is- law and implemented is if we work to- lands claims to be the home of 18,857 Senate that we defeated yesterday by a bipartisan vote, they would increase gether. I did it for all last year on the companies. Really, 18,000 companies President’s commission. I have done it are doing business out of this little what the individual pays from 25 per- cent to 68 percent, and they claim they for months of this year with three five-story building down in the Cayman Democrats, three Republicans, spend- Islands? Please. Mr. President, 18,000 are saving Medicare. It doesn’t look to me like they are saving it. It looks to ing hundreds of hours trying to come companies are not doing business out up with a bipartisan plan to implement of this little five-story building down me like they are completely undoing it. the recommendations of the com- in the Cayman Islands. The only busi- mittee. So I don’t take a back seat to ness that is going on is monkey busi- When we add it all up, what is most striking is that the House Republican anybody with respect to being serious ness, and the monkey business that is about trying to get a plan to get our going on is avoiding the taxes they le- plan, although it gives massive tax cuts to the wealthiest among us, an- debt under control because it is a fun- gitimately owe to the United States. damental threat to the economic secu- You wonder why big companies mak- other $1 trillion of tax cuts, even though it shreds Medicare and com- rity of the United States. ing billions of dollars a year can an- But here is what the Republican lead- nounce they owed no taxes to the pletely undermines Medicaid, which er himself said about the effort that is United States—none? It is because they would mean another 34 million people underway, the bipartisan leadership ef- are operating out of Ugland House do not have health care coverage in fort: down in the Cayman Islands where this country because they completely there are no taxes, and they show their [T]he discussions that can lead to a result undo the coverage for health care between now and August are the talks being profits in their companies down in the passed last year so 34 million people led by Vice President Biden . . . that’s a Cayman Islands. are not going to have health care as a process that could lead to a result, a measur- When I was tax commissioner in my result of their plan—even with all of able result. . . . And in that meeting is the State I found a company that reported that and the other dramatic cuts—by only Democrat who can sign a bill into law; all of their earnings down in the Cay- the way, they cut support for energy in fact, the only American out of 307 million man Islands. They did business all programs to reduce our dependence on of us who can sign a bill into law. He is in across the country, but amazingly foreign energy, they cut that 57 per- those discussions. That will lead to a result. That is why we have not gone to a budget enough none of those companies cent; they cut education almost 20 per- showed any profits in the United markup, because we have the patience to cent—even after all that you would wait for the outcome of these bipartisan States. They showed all their profits in think at least they got the debt under leadership talks. The top Republicans are the Cayman Islands where, happily, control? No. represented in the Senate, the top Repub- there are no taxes. Amazingly enough their plan, accord- licans in the House are represented, as are The Republican budget plan said: ing to their own numbers, would add $8 the Democrats in the Senate and the House, That is fine. Keep doing it. trillion to the debt. Wow. They shred led by the White House. That is not fine. It is not fair. We Medicare, they cut education dramati- The Republican leader said this as know from our own Permanent Com- cally, they cut almost 60 percent of the well about the talks: mittee on Investigations in the Senate funding for energy to reduce our de- We now have the most important Demo- that these offshore tax havens are pro- pendence on foreign energy—they cut crat in America at the table. That’s impor- liferating. Here is a quote from our tant. He is the only one of the 307 million of that 57 percent, and they still add $8 Senate Homeland Security and Govern- us who can actually sign a bill into law. And trillion to the debt. That is a good mental Affairs Permanent Sub- I think that’s a step in the right direction. plan? I don’t think so. I don’t think committee on Investigations: And the Biden group is the group that can that is a plan that can stand much actually reach a decision on a bipartisan Experts have estimated that the total loss scrutiny. basis. And if it reaches a decision, obviously to the Treasury from offshore tax evasion we will be recommending it to our members. alone approaches $100 billion per year, in- We also heard a lot of complaints cluding $40 to $70 billion from individuals from the other side that we have not That is the point. Why would we go and another $30 billion from corporations en- gone to markup on the budget in the to a partisan budget markup and refuse gaging in offshore tax evasion. Abusive tax Senate. That is true. The reason we to wait for the leadership negotiation shelters add tens of billions of dollars more. have not is because something is going that is underway to succeed, when we The Republican plan from the House on in this town that is very unusual. know if they do succeed in all likeli- says: No problem. Keep on doing it. In There are high-level bipartisan talks hood they will need us to do a budget

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The Senator from Oregon. and three Republicans—trying to put ing more changes be made by the Pan- Mr. WYDEN. Mr. President, the Sen- together a plan to implement what the amanian Government. ate is preparing to pass another 4-year commission recommended to get our After President Obama took office, extension of the USA PATRIOT Act. I debt under control. the trade issue was sidelined. Along have served on the Intelligence Com- I have the patience to wait a few with others, I made a case that trade mittee for over a decade and I wish to more weeks to see if the combined agreements needed to be a part of deliver a warning this afternoon. When leadership of this country, Republican America’s economic recovery effort. I the American people find out how their and Democrat, working with the Presi- got an opportunity to make the case government has secretly interpreted dent of the United States, can come up directly to the President in December the PATRIOT Act, they are going to be with a plan to get our debt under con- of 2009. Then in January 2010, the Presi- stunned and they are going to be trol. We should all have that patience. dent said in a message to Congress that angry. They are going to ask Senators: We should all hope they succeed. But he wanted to double exports within the Did you know what this law actually we are not going to be sitting and wait- next 5 years. That is a very worthy permits? Why didn’t you know before ing. While we are hoping for a success- goal. you voted on it? The fact is anyone can ful outcome, this Senator will continue Well, it is pretty hard to double ex- read the plain text of the PATRIOT to work with Republicans and Demo- ports and help employers create jobs Act. Yet many Members of Congress crats to come up with a bipartisan plan while ignoring these trade agreements. have no idea how the law is being se- to meet our debt threat. All of us have Supporters of free trade and the jobs cretly interpreted by the executive that obligation. All of us have that re- supported by trade average about 15 branch because that interpretation is sponsibility. percent above the national average. We classified. It is almost as if there are I thank the Chair and yield the floor. are talking about good jobs, so there two PATRIOT Acts, and many Mem- The PRESIDING OFFICER. The Sen- are reasons to keep the pressure on. bers of Congress have not read the one ator from Iowa. Finally, after many months of wait- that matters. Mr. GRASSLEY. Would the Chair in- ing, the trade ambassador went back to Our constituents, of course, are to- form me when I have spoken for 5 min- work to get the Panamanian Govern- tally in the dark. Members of the pub- utes. ment to agree to meet the additional lic have no access to the secret legal The PRESIDING OFFICER. The Sen- demands set out by congressional interpretations, so they have no idea ator will be notified. Democrats in the Obama administra- what their government believes the law FREE TRADE tion. The ambassador also set out to actually means. Mr. GRASSLEY. Mr. President, I gain further commitment from South I am going to bring up several histor- have been a long-time supporter of free Korea and Colombia. ical examples to try to demonstrate trade. I believe it is always a good The Panamanian Government has ad- what this has meant over the years. thing when American businesses, man- dressed the additional demands by Before I begin, I wish to be clear I am ufacturers, and farmers have more making the necessary amendments to not claiming any of the specific activi- market access for their products. their laws. The additional concerns the ties I discuss today are happening now. I have also been a longtime supporter administration had with the South Ko- I am bringing them up because I be- of specific free trade agreements that rean and Colombian deals were ad- lieve they are a reminder of how the are waiting to be acted on by the Con- dressed as well. Earlier this May, Am- American people react when they learn gress: the South Korea, Colombia, and bassador Kirk indicated all three trade about domestic surveillance activities Panama agreements. We have had too agreements were ready for Congress to that are not consistent with what they many years of talking about being consider. But the Obama administra- believe the law allows. When Ameri- long-time supporters of free trade tion decided to move the goal posts cans learn about intelligence activities agreements. Yet we have not had an once again. Instead of moving these that are consistent with their under- opportunity to back up our talk with agreements forward for swift approval standing of the law, they look to the votes because we can’t vote until the to help the economy move along and news media, they follow these activi- President presents them to Congress. the swift approval which I believe they ties with interest, and often admira- The time to present these free trade will receive when they get a vote, the tion. But when people learn about in- agreements is long overdue. The ad- administration now has another re- telligence activities that are outside ministration needs to stop moving the quirement: approval of trade adjust- the lines of what is generally thought goal posts every time we are about to ment assistance. to be the law, the reaction can get neg- kick the ball through. While U.S. manufacturers and busi- ative and get negative in a hurry. Take the Panama agreement as an nesses and farmers risk losing more Here is my first example. The CIA example. The United States and Pan- and more market share in these coun- was established by the National Secu- ama reached an agreement in principle tries, Democrats keep coming up with rity Act of 1947 and the law stated that in December of 2006. However, congres- reasons for holding up these trade the agency was ‘‘forbidden to have law sional Democrats expressed concern re- agreements by moving the goal posts. enforcement powers or internal secu- garding certain labor issues that ex- There is simply no reason to keep on rity functions.’’ Members of the Con- isted in Panama at the time. The Bush moving the goal posts. The administra- gress and legal experts interpreted that administration negotiated a deal with tion has said these three trade agree- language as a clear prohibition against the congressional Democrats who had ments are ready. One of the best things any internal security function under newly taken over the Congress in an we can do right now for U.S. busi- any circumstances. A group of CIA offi- agreement that was announced on May nesses, farmers, and workers is to im- cials had a different interpretation. 10, 2007. As a result, then-President plement these trade agreements which They decided that the 1947 law con- Bush addressed the labor issues in the will give a much-needed boost to our tained legal gray areas that allowed trade agreement that the United economy. the CIA to monitor American citizens States signed with Panama in late I am not suggesting we do nothing on for possible contact with foreign June of 2007. trade adjustment assistance, because I agents. They believed this meant they If there were a big news conference support that 40-year-old program, but could secretly tap Americans’ phones, on May 10, 2007 that there has been an reaching an agreement on that pro- open their mail, and plant listening de- agreement reached, wouldn’t one think gram should not be used as another ex- vices in their homes, among other

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3387 things. This secret legal interpretation lance Act of 1978, which attempted to Again, did that program stay secret? led the CIA to maintain intelligence subject domestic surveillance to a The answer is no. After several years, files on more than 10,000 American citi- process of warrants and judicial review. the New York Times published a story zens, including reporters, Members of Years later, during the Reagan ad- uncovering the program. The resulting Congress, and a host of antiwar activ- ministration, senior members of the public uproar led to a divisive congres- ists. National Security Council secretly sold sional debate and a significant number This small group of CIA officials kept arms to Iran and used the funds to arm of lawsuits. In my view, the disclosure the program and their ‘‘gray area’’ jus- and train Contra militants to topple also led to an erosion of public trust tification to the program a secret from the Nicaraguan Government. Selling that made many private companies the American people and most of the arms to Iran violated the official U.S. more reluctant to cooperate with gov- government because, they argued, re- arms embargo against Iran and di- ernment inquiries. vealing it would violate the agency’s rectly funding the Contras was illegal As most of my colleagues will re- responsibility to protect intelligence under the Boland amendment. That member, Congress and the executive sources and methods from unauthor- was the one Congress passed to limit branch spent years trying to sort out ized disclosure. Did the program stay a U.S. Government assistance to the the details of that particular program secret? It didn’t. On December 22, 1974, Contras. and the secret legal interpretation— investigative reporter Seymour Hersh But the officials at the National Se- the secret legal interpretation—that detailed the program on the front curity Council were convinced they was used to justify it. In the process of pages of the New York Times. The rev- knew better. They were convinced that doing so, Congress also attempted to elations and the huge public uproar violating the embargo and illegally address an actual surveillance issue. I that ensued led to the formation of the supporting the Contra rebels would think all my colleagues who were here Church Committee. That committee help free American hostages and help for that debate would agree those spent nearly 2 years investigating fight communism in Nicaragua. In- issues could have been resolved far questionable and illegal activity at the stead of engaging in a public debate more easily, far less contentiously, if CIA. The Church Committee published and trying to convince the Congress the Bush administration had simply 14 reports detailing various intel- and the public they were right, they se- come to the Congress in the first place and tried to work out a bipartisan solu- ligence abuses which, in addition to il- cretly launched an arms program and tion to them rather than, in effect, try- legal domestic surveillance, included hid it from the Congress and the Amer- ican people. How did that work out for ing to rewrite the law in secret. programs designed to assassinate for- When laws are secretly reinterpreted eign leaders. The investigation led to them? The New York Times published a this way, the results frequently fail to Executive orders reining in the author- story of these activities on November stand up to public scrutiny. It is not ity of the CIA and the creation of the 25, 1987. A joint congressional com- surprising, if you think about it. The House and Senate Intelligence Com- mittee was launched to investigate the American law-making process is often mittees. Iran Contra affair with televised hear- cumbersome, it is often frustrating, In 1947, President Harry Truman and ings for over a month. The House For- and it is certainly contentious. But his top military and legal advisers se- eign Affairs Committee and the House over the long run, this process is a cretly approved a program named and Senate Intelligence Committees pretty good way to ensure that our PROJECT SHAMROCK. PROJECT held their own hearings. The first Pres- laws have the support of the American SHAMROCK authorized the Armed idential commission investigating the people, since those that do not will ac- Forces Security Agency and its suc- National Security Council was tually get revised or repealed by elect- cessor, the NSA, to monitor telegraphs launched. Multiple reports were pub- ed lawmakers who follow the will of coming in and out of the United States. lished documenting the administra- our constituents. On the other hand, At the outset of the program, compa- tion’s illegal activities, and the Nica- when laws are secretly reinterpreted nies were told that government agents raguan Government sued the United behind closed doors by a small number would only read ‘‘those telegrams re- States. Dozens of court cases were filed of government officials—and there is lated to foreign intelligence targets,’’ and National Security Council offi- no public scrutiny, no public debate— but as the program grew, more tele- cials—including two National Security you are certainly more likely to end up grams were sent and received by Amer- Advisers—faced multiple indictments. with interpretations of the law that go icans and they were read. During the Finally, following the terrorist at- well beyond the boundaries of what the program’s 30-year run, the NSA ana- tacks of September 11, 2001, a handful American people are willing to accept. lysts sometimes reviewed as many as of government officials made the uni- Let me make clear that I think it is 150,000 telegrams a month. lateral judgment that following U.S. entirely legitimate for government While the Ford administration said it surveillance law, as it was commonly agencies to keep some information se- made all pertinent information about understood, would slow down the gov- cret. In a democratic society, of course, PROJECT SHAMROCK available, the ernment’s ability to track suspected citizens rightly expect their govern- Senate Intelligence Committee and the terrorists. Instead of working with the ment will not arbitrarily keep informa- Justice Department had kept the pro- Congress, instead of coming to the Con- tion from them, and throughout our gram secret from the public. They ar- gress and asking to revise or update Nation’s history Americans have vigi- gued that public disclosure was both the law, these officials secretly reinter- lantly guaranteed their right to know. unjustified and dangerous to national preted the law to justify a warrantless But Americans do acknowledge certain security, and it avoided Congress’s wiretapping program that they hid limited exceptions to the principle of questions regarding the legality of the from virtually every Member of the openness. We know, for example, that program by stating that the telegrams Congress and the American people. tax officials have information about all present somewhat different legal ques- It is not clear how long they thought of us from our tax returns. But the gov- tions from those posed by domestic they could hide a large, controversial ernment does not have the right or the bugging and wiretapping. That pro- national security program of this na- need to share this information openly. gram didn’t stay secret either. ture, but they kept it so secret that This is essentially an exception to pro- The newly formed Senate Intel- even when it yielded useful intel- tect personal privacy. ligence Committee ultimately dis- ligence, classification restrictions Another limited exception exists for closed the PROJECT SHAMROCK pro- sometimes prevented the information the protection of national security. gram on November 6, 1975, arguing that from being shared with officials who The U.S. Government has an inherent public disclosure was needed to build could have used it. responsibility to protect our people support—build support—for a law gov- I was a member of the Senate Intel- from threats. To do this effectively, it erning NSA operations. The resulting ligence Committee at this point—a rel- almost always requires some measure public uproar led to a congressional in- atively new member—but the program of secrecy. I do not expect General vestigation. The NSA’s termination of and the legal interpretations that sup- Petraeus to publicly discuss the details PROJECT SHAMROCK and the passage ported it were kept secret from me and of every troop movement in Afghani- of the Foreign Intelligence Surveil- virtually all of my colleagues. stan any more than early Americans

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3388 CONGRESSIONAL RECORD — SENATE May 26, 2011 expected George Washington to publish be allowed to fall into the trap of se- more useful. When Congress passed the his strategy for the Battle of York- cretly reinterpreting the law in a way Foreign Intelligence Surveillance Act town. By the same token, American that creates a gap between what the in 1978, it would have been useful to citizens recognize that their govern- public believes the law says and what keep that law secret from the KGB so ment may sometimes rely on secret in- the government secretly claims it says. Soviet agents would not know whether telligence collection methods in order Anytime that happens, it seems to me the FBI was allowed to track them. to ensure national security, in order to there is going to be a violation of the But American laws should not be pub- ensure the safety of the American peo- public trust. Furthermore, allowing a lic only when government officials ple, and they recognize that these gap of this nature to develop is simply think it is convenient. They ought to methods can often be more effective shortsighted. Both history and logic be public and public all the time. The when specifics are kept secret. should make it clear—and that is why American people ought to be able to But while Americans recognize that I brought these examples to the floor of find out what their government thinks government agencies sometimes rely the Senate—that secret interpretations those laws mean. on secret sources and methods to col- of the law will not stay secret forever Earlier this week, I filed an amend- lect intelligence information, Ameri- and, in fact, often come to light pretty ment, along with my colleague from cans also expect these agencies will co- quickly. When the public eventually the Intelligence Committee, Senator operate at all times within the bound- finds out that government agencies MARK UDALL, and that amendment aries of publicly understood law. have been rewriting surveillance laws would require the Attorney General to I have served on the Senate Intel- publicly disclose the U.S. Govern- ligence Committee for a decade, and I in secret, the result, as I have dem- ment’s official interpretation of the do not take a backseat to anybody onstrated, is invariably a backlash and USA PATRIOT Act. The amendment when it comes to protecting what are an erosion of public confidence in these specifically states that the Attorney essential sources and methods that are government agencies. I believe this is a big and growing General should not describe any par- needed to keep the American people problem. ticular intelligence collection pro- safe when intelligence is being gath- Our intelligence and national secu- grams or activities but that there ered. But I do not believe the law rity agencies are staffed by many tal- should be a full description of ‘‘the should ever be kept secret. Voters have ented and dedicated men and women. a right and a need to know what the legal interpretation and analysis nec- The work they do is very important, law says and what their government essary to understand the . . . Govern- and for the most part, they are ex- thinks the text of the law means. That ment’s official interpretation’’ of the traordinarily professional. But when is essential so the American people can law. members of the public lose confidence This morning, Senator MARK UDALL decide whether the law is appropriately in these agencies, it does not just un- and I—and we had the help of several written and they are in a position to dercut morale, it makes it harder for colleagues: Senator MERKLEY, Senator ratify or reject the decisions their these agencies to do their jobs. If you TOM UDALL—reached an agreement elected officials make on their behalf. When it comes to most government ask the head of any intelligence agen- with the chair of the Intelligence Com- functions, the public can directly ob- cy, particularly an agency that is in- mittee, Senator FEINSTEIN. She is serve the government’s actions and the volved in domestic surveillance in any going to be holding hearings on this typical citizens can decide for them- kind of way, he or she will tell you issue next month. selves whether they support or agree that public trust is the coin of the Senator MARK UDALL and I, as mem- with the things their government is realm, it is a vital commodity, and vol- bers of the committee, will be in a po- doing. Certainly, in my part of the untary cooperation from law-abiding sition to go into those hearings and the world, American citizens can visit the Americans is critical to the effective- subsequent deliberations to try to national forests and decide whether ness of our intelligence agencies. amend the intelligence authorization. they think the forests are appro- If members of the public lose con- If we do not get results inside the com- priately managed. When they drive on fidence in these government agencies mittee, because of the agreement today the interstate, they can decide for because they think government offi- with the distinguished chair of the In- themselves whether those highways cials are rewriting surveillance laws in telligence Committee, Senator FEIN- have been properly laid out and ade- secret, it is going to make those agen- STEIN, and the majority leader, Senator quately maintained. If they see some- cies less effective. As a member of the REID, we will be in a position to come one punished, they can decide for Intelligence Committee, I do not want back to this floor and offer our original themselves whether the sentence was to see that happen. amendment this fall. appropriate, whether it was too harsh I wish to wrap up now with one last We are going to keep fighting for or too lenient. comment; that is, as you look at these openness and honesty. As of today, the But Americans generally cannot de- statutes, and particularly the ones I government’s official interpretation of cide for themselves whether intel- have outlined—where you have so the law is still secret—still secret—and ligence agencies are operating within many hard-working lawyers and offi- I believe there is a growing gap, as of the law. That is why the U.S. intel- cials at these government agencies—I this afternoon, between what the pub- ligence community evolved over the wish to make it clear I do not believe lic believes that law says and the se- past several decades. The Congress set these officials have a malicious intent. cret interpretation of the Justice De- up a number of watchdog and oversight They are working hard to protect intel- partment. mechanisms to ensure that the intel- ligence sources and methods and for So I plan to vote no this afternoon on ligence agencies follow the law rather good reason. But sometimes they can this legislation because I said some than violate it. That is why the Senate lose sight of the differences between time ago that a long-term reauthoriza- and House each have a Select Intel- the sources and methods, which must tion of this legislation did require sig- ligence Committee. It is also why the be kept secret, and the law itself, nificant reforms. I believe when more Congress created the Foreign Intel- which should not. Sometimes they Members of Congress and the American ligence Surveillance Court. It is why even go so far as to argue that keeping people come to understand how the PA- Congress created a number of statutory their interpretation of the law secret is TRIOT Act has actually been inter- inspectors general to act as inde- actually necessary because it prevents preted in secret, I think the number of pendent watchdogs inside the intel- our Nation’s adversaries from figuring Americans who support significant re- ligence agencies themselves. All these out what our intelligence agencies are form and the end of secret law—the end oversight entities were created at least allowed to do. of law that is kept secret from them by in part to ensure that intelligence I can see how it might be tempting to design—I think we will see Americans agencies carry out all their activities latch onto this ‘‘Alice in Wonderland’’ joining us in this cause to ensure that within the boundaries of publicly un- logic. But if the U.S. Government were in the days ahead, as we protect our derstood law. to actually adopt it, then all our sur- country from the dangerous threats we But the law itself must always be veillance laws would be kept secret be- face, we are also doing a better job of public. Government officials must not cause that would, obviously, be even being sensitive to individual liberty. -

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While a number of PATRIOT Act pro- zens. Toward that goal, I have worked Mr. UDALL of Colorado. Mr. Presi- visions are permanent and remain in with my colleagues to come up with dent, I rise today in conjunction with place to give our intelligence commu- commonsense fixes that can receive bi- my colleague from Oregon to discuss nity important tools to fight ter- partisan support. For example, Senator what is before us here on the floor, rorism, the three controversial provi- WYDEN and I filed an amendment that which is the extension of the PATRIOT sions we are debating, commonly would require the Department of Jus- Act. known as roving wiretap, ‘‘lone wolf,’’ tice to disclose the official legal inter- I rise as well to express my opposi- and business records, are ripe for abuse pretation of the provisions of the PA- tion to the extension of the three most and threaten Americans’ constitu- TRIOT Act. This would make sure the controversial provisions in the PA- tional freedoms. Federal Government is only using I know we must balance the prin- TRIOT Act which are before us here those powers in ways the American ciples of liberty and security. I firmly today. The process by which we have people believe they are authorizing considered these provisions has been believe terrorism is a serious threat to the United States, and we must be them to. rushed. I believe we have done a dis- While I believe our intelligence prac- sharply focused on protecting the service to the American people by not tices should be kept secret, I do not be- American people. In fact, with my having a fuller and more open debate lieve the government’s official inter- seats on the Senate Armed Services about these provisions. pretation of these laws should be kept Committee and the Senate Intelligence Along with Senator WYDEN, I want to secret. This is an important part of our Committee, much of my attention is acknowledge the difficult position the oversight duties, and I look forward to centered on keeping Americans safe leader of the Senate, Senator REID, has both here and abroad. I also recognize working with Chairwoman FEINSTEIN been in. I want to thank him for trying in the Intelligence Committee to en- to find an agreement to vote on more that despite Osama bin Laden’s death, we still live in a world where terrorism sure this oversight occurs. amendments. We were very close to I have also filed my own amendments is a serious threat to our country, our reaching that agreement, but even in to address some of the problems I see economy, and to American lives. Our that context, the debate we have had with the roving wiretap, ‘‘lone wolf,’’ government does need the appropriate on this bill has been insufficient. and business record provisions. For ex- surveillance and antiterrorism tools to If you look at what we are about to ample, I joined Senator WYDEN in filing achieve these important goals. How- approve, it is a one-page bill which just ever, we need to and we can strike a an amendment designed to narrow the changes the dates in the existing PA- better balance between protecting our scope of the business records materials TRIOT Act. This is a lost opportunity. national security and the constitu- that can be collected under section 215 As a member of the Intelligence tional freedoms of our people. Let me of the PATRIOT Act. And I just high- Committee, I can tell you that what give you an example. This debate has lighted some of the problems with that most people—including many Members failed to recognize that the current provision. Our amendment would still of Congress—believe the PATRIOT Act surveillance programs need improved allow enforcement agencies to use the allows the government to do—what it public oversight and accountability. PATRIOT Act to obtain investigation allows the government to do—and what I know Americans believe we ought records, but it would also require those government officials privately believe to only use PATRIOT Act powers to in- entities to demonstrate that the the PATRIOT Act allows them to do vestigate terrorists or espionage-re- records are in some way connected to are two different things. Senator lated targets. Yet section 215 of the terrorism or clandestine intelligence WYDEN has been making that case. I PATRIOT Act, the so-called business activities. want to make it as well. records provision, currently allows Today, law enforcement currently I cannot support the extension of the records to be collected on law-abiding can obtain any kind of records. In fact, provisions we are considering today Americans without any connection to the PATRIOT Act’s only limitation without amendments to ensure there is terrorism or espionage. If we cannot states that such information has to be a check on executive branch authority. limit investigations to terrorism or related to ‘‘any tangible thing.’’ That I do not believe the Coloradans who other nefarious activities, where do is right. As long as these business sent me here to represent them would they end? records are related to any tangible accept this extension either. Ameri- Coloradans are demanding that in ad- thing, the U.S. Government can require cans would be alarmed if they knew dition to the review of the Foreign In- businesses to turn over information on how this law is being carried out. telligence Surveillance Court, we place their customers, whether or not there I appreciate the Intelligence Com- commonsense limits on government in- is a link to terrorism or espionage. I mittee chairwoman, DIANNE FEINSTEIN, vestigations and link data collection to have to say that I just do not think it working with us to hold hearings in the terrorist or espionage-related activi- is unreasonable to ask that our law en- committee to examine how the admin- ties. If—or I should say when—Con- forcement agencies identify a ter- istration is interpreting the law. I be- gress passes this bill to extend the PA- rorism or espionage investigation be- lieve that is a critical step forward. TRIOT Act until 2015, it will mean that fore collecting the private information However, that addresses only the over- for 4 more years the Federal Govern- of law-abiding American citizens. arching concern. I still have concerns ment will have access to private infor- These amendments represent but a about the individual provisions we are mation about Americans who have no few of the reform ideas we could have considering today. connection to terrorism without suffi- debated this week. But without further We just voted to invoke cloture to cient accountability and without real debate on these issues, this or any cut off debate on the 4-year extension public awareness about how these pow- other administration, whether inten- of provisions that give the government ers are used. tionally or unintentionally, can abuse wide-ranging authority to conduct Again, I underline that we all agree the PATRIOT Act. And because of the wiretaps on groups and individuals or the intelligence community needs ef- need to keep classified material classi- collect private citizens’ records. I fective tools to combat terrorism, but fied, Congress cannot publicly fulfill voted no because the debate should not we must provide these tools in a way our oversight responsibilities on behalf be over without a real chance to im- that protects the constitutional free- of the American people. prove these authorities. I recently sup- doms of our people and lives up to the So, as I started out my remarks, I ported a 3-month extension so the Sen- standard of transparency that democ- plan to vote against the reauthoriza- ate could take time to debate and racy demands. tion of these three expiring provisions

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Madam President, re- nearly 10 years since Congress passed ports; that there be 60 minutes of de- serving the right to object, I would the PATRIOT Act, there has been very bate prior to votes in relation to the first ask unanimous consent that an little opportunity to improve this law, amendments, with the time equally di- editorial in today’s Washington Post in and I, for one, am very disappointed vided between Senator PAUL and the favor of my amendment be printed in that we are once again being rushed majority leader or their designees; that the RECORD. into approving policies that threaten neither Paul amendment be divisible; There being no objection, the mate- the privacy—which, under one defini- that upon the use or yielding back of rial was ordered to be printed in the tion, is the freedom to be left alone—of time, the majority leader or his des- RECORD, as follows: the American people. It is a funda- ignee be recognized for a motion to [From the Washington Post, May 25, 2011] mental element and principle of free- table; if there are not at least 60 votes A CHANCE TO PUT PROTECTIONS IN THE dom. in opposition to a motion to table the PATRIOT ACT The bill that is before us today, in above amendments, the amendments Congress appears poised to renew impor- my opinion, does not live up to the bal- be withdrawn; further, upon disposition tant counterterrorism provisions before they anced standard the Framers of our of the two Paul amendments, amend- are to expire at the end of the week. That Constitution envisioned to protect ment No. 348 be withdrawn; that all re- much is welcome. But it is disappointing both liberty and security, and I believe maining time postcloture be yielded that lawmakers may extend the Patriot Act measures without additional protections it seriously risks the constitutional back and the Senate proceed to vote on meant to ensure that these robust tools are freedoms of our people. By passing this adoption of the motion to concur in the used appropriately. unamended reauthorization, we are en- House amendment to S. 990 with The Patriot Act’s lone-wolf provision al- suring that Americans will live with amendment No. 347; that no points of lows law enforcement agents to seek court the status quo for 4 more long years. I order or motions be in order other than approval to surveil a non-U.S. citizen be- am disappointed and I know that many those listed in this agreement and lieved to be involved in terrorism but who of our constituents would be dis- budget points of order and applicable may not have been identified as a member of appointed if they were able to under- a foreign group. A second measure allows the motions to waive. government to use roving wiretaps to keep stand the implications of our inaction The PRESIDING OFFICER. Is there tabs on a suspected foreign agent even if he on these troubling issues. objection? repeatedly switches cellphone numbers or As I close, I just want to say there is The Senator from Vermont, communication devices, relieving officers of a gravitational pull to secrecy that I Mr. LEAHY. Madam President, re- the obligation of going back for court ap- think we all have as human beings. It serving the right to object, I ask unani- proval every time the suspect changes his is hard to resist it. And the whole point mous consent that the agreement be means of communication. A third permits of the checks and balances our Found- modified to include the Leahy-Paul the government to obtain a court order to ers put in place was to ensure that amendment with the same time for de- seize ‘‘any tangible item’’ deemed relevant to a national security investigation. All power couldn’t be consolidated and bate and a vote under the usual proce- three are scheduled to sunset by midnight that power abused, again whether in- dures. Thursday. tentionally or unintentionally. We The PRESIDING OFFICER. Is there House and Senate leaders have struck a would all like to be king for a day. We objection? preliminary agreement for an extension to all have ideas about how we could Mr. REID. Madam President, I pro- June 2015 and may vote on the matter as make the world a better place. But we pounded this unanimous consent re- early as Thursday morning. This agreement know the dangers in giving that much quest: I would comment to my friend, was not easy to come by. Several Republican power to one person or one small group the chairman of the Judiciary Com- senators originally wanted permanent exten- mittee, this amendment he has sug- sions—a proposition rebuffed by most Demo- of people. crats and civil liberties groups. In the House, Ben Franklin put it so well. I can’t gested has bipartisan support. He has conservative Tea Party members, who wor- do justice to his remarks and the way worked very hard on this. It is an ried about handing the federal government he stated them, but to paraphrase him, amendment that we hope sometime the too much power, earlier this year bucked a he said that a society that would trade content of which can be fully brought move that would have kept the provisions essential liberty for short-term secu- before the American people because it alive until December. Congressional leaders rity deserves neither. And our job as is something that is bipartisan and were forced to piece together short-term ap- Senators is to ensure that we actually timely. I would hope we can get con- provals to keep the tools from lapsing. The compromise four-year extension is im- enjoy both of those precious qualities, sent to include his amendment. portant because it gives law enforcement security and liberty. The PRESIDING OFFICER. The mi- agencies certainty about the tools’ avail- This is an important vote today. This nority leader. ability. But the bill would be that much is an important undertaking. I know Mr. MCCONNELL. I object to the stronger if oversight and auditing require- we can, through the leadership of Sen- Leahy request. ments originally included in the version ator WYDEN and many of us who care The PRESIDING OFFICER. Objec- from Sen. Patrick J. Leahy (D–Vt.) were per- deeply about this, ensure that the PA- tion is heard. mitted to remain. Mr. Leahy’s proposal, TRIOT Act keeps faith with the prin- Is there any remaining objection to which won bipartisan approval in the Senate the request of the leader? Judiciary Committee, required the attorney ciples we hold dear. general and the Justice Department inspec- I yield the floor, and I suggest the ab- Mr. LEAHY. Madam President, I sug- tor general to provide periodic reports to sence of a quorum. gest the absence of a quorum. congressional overseers to ensure that the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- tools are being used responsibly. Mr. Leahy clerk will call the roll. ator does not have the floor. The leader has crafted an amendment that includes The legislative clerk proceeded to has the floor. these protections, but it is unlikely that the call the roll. Mr. REID. I note the absence of a Senate leadership will allow its consider- Mr. REID. Madam President, I ask quorum. ation. unanimous consent that the order for The PRESIDING OFFICER. The At this late hour, it is most important to ensure that the provisions do not lapse, the quorum call be rescinded. clerk will call the roll. which could happen as a result of a dispute The PRESIDING OFFICER (Mrs. The legislative clerk proceeded to between Senate Majority Leader Harry M. MCCASKILL). Without objection, it is so call the roll. Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) ordered. Mr. REID. Madam President, I ask over procedural issues. If time runs out for Mr. REID. I appreciate everyone’s pa- unanimous consent that the order for consideration of the Leahy amendment, Mr. tience. We are working toward the end, the quorum call be rescinded. Leahy should offer a stand-alone bill later to but we are not there yet. The PRESIDING OFFICER. Without make the reporting requirements the law. I ask unanimous consent that it be in objection, it is so ordered. Mr. LEAHY. Madam President, fur- order for Senator PAUL to offer two Mr. REID. Madam President, I renew ther reserving the right to object, I amendments en bloc and no other my request. find it extremely difficult—and I have

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We have two amend- The Senator from Kentucky. in the hands of government where ments that have not gotten any com- Mr. PAUL. I am pleased today to someday those could be abused. mittee hearings. We have one on this come to the floor of the Senate to talk What we are asking for are proce- side that has been voted on by a bipar- about the PATRIOT Act. I am pleased dural protections. The Constitution tisan majority, Republicans and Demo- we have cracked open the door that gave us those protections. The second crats, twice out of committee, twice on will shed some light on the PATRIOT amendment gives us the right to keep the floor, and that can’t go forward. Act. I wish the door were open wider, and bear arms. The fourth amendment It is my inclination to object further. the debate broader and more signifi- is equally important. It gives us the I realize the difficulty that would put cant, but today we will talk a little bit right to be free of unreasonable search. my friend from Nevada in, so I will not about the constitutionality of the PA- It gives us the right to say that govern- object. But I do feel this ruins the TRIOT Act. ment must have probable cause. There chances to make the PATRIOT Act one I was a cosponsor of Senator LEAHY’s must be at least some suspicion that one is committing a crime before they that could have had far greater bipar- amendment, and I think it would have come into one’s house or before they go tisan support, and we have lost a won- gone many great steps forward to make into one’s records, wherever one’s derful chance. But I understand we sure we have surveillance on what our records are. The Constitution doesn’t have to do what the Republicans want government does. It would have au- say that one only has protection of in this bill, so I will withdraw my ob- thorized audits by the inspector gen- eral to continue to watch over and to records that are in one’s house. One jection. should have protection of records that The PRESIDING OFFICER. Is there make sure government is not invading the rights of private citizens, and I do reside in other places. Just because objection? one’s Visa record resides with a Visa Without objection, it is so ordered. support that wholeheartedly. Jefferson said if we had a government company doesn’t make it any less pri- Mr. REID. Madam President, in this vate. If we look at a person’s Visa bill, editorial to which the chairman of the of angels, we wouldn’t have to care or be concerned about the power that we we can find out all kinds of things Judiciary Committee refers, there are about them. If we look at a person’s four very strong paragraphs indicating give to government. Unfortunately, sometimes we don’t have angels in Visa bill, we can find out what doctors why his amendment is important and they go to; do they go to a psychia- charge of our government. Sometimes necessary. But in keeping with the trist; do they have mental illness; what we can even get a government in kind of Senator we have in the senior type of medications do they take. Senator from Vermont—the final para- charge that would use the power of If someone looked at my Visa bill, graph is also quite meaningful and it is government in a malicious or malevo- they could tell what type of books or meaningful because that is the kind of lent way, to look at the banking magazines I read. One of the provisions Senator we have from Vermont by the records of people they disagree with po- of the PATRIOT Act is called the li- name of PAT LEAHY. This is the last litically, to look at the religious prac- brary provision. They can look at the paragraph: tices of people they disagree with. So it books someone checks out in the li- At this late hour, it is most important to is important that we are always vigi- brary. People say, well, still, a judge ensure that the provisions do not lapse, lant, that we are eternally vigilant of has to sign these warrants. But we which would happen as a result of a dispute the powers of government so they do changed the standard. The standard of between Senate Majority Leader Harry Reid not grow to such an extent that gov- the fourth amendment was probable and Senator Rand Paul over procedural ernment could be looking into our pri- cause. They had to argue, or at least issues. vate affairs for nefarious reasons. convince a judge, that you were a sus- Here is the final sentence, which We have proposed two amendments pect, that you were doing something demonstrates why PAT LEAHY is a that we will have votes on today. One wrong. Now the cause or the standard friend of the United States and is a leg- of them concerns the second amend- has been changed to relevance. So it end in the Senate: ment. I think it is very important that could be that you went to a party with If time runs out for consideration of the we protect the rights of gun owners in someone who was from Palestine who Leahy amendment, Mr. Leahy should offer a our country, not only for hunting but gives money to some group in Pal- stand-alone bill later to make the reporting for self-protection, and that the estine that may well be a terrorist requirements the law. records of those in our country who group. But the thing is, because I went So I appreciate very much Senator own guns should be secret. I don’t to a party with them, because I know LEAHY being his usual team player. think the government, well intentioned that person, am I now somehow con- Mr. LEAHY. Madam President, if the or not well intentioned, should be sift- nected enough to be relevant? They Senator would yield for a moment, he ing through millions of records of gun would say, Well, your government referred to that last line that this owners. Why? There have been times would never do that. They would never should be offered as a freestanding bill. even in our history in which govern- go to investigate people. The problem I assure the leader it will be offered as ment has invaded our homes to take is, this is all secret. So I do not know a freestanding bill and I hope it is one things from us. In the 1930s, govern- if I have been investigated. My Visa that, because of bipartisan support, ment came into our households and bill sometimes has been $5,000. Some- could be brought up at some point for said give us your gold. Gold was con- times we pay for them over the phone, a vote. fiscated in this country in 1933. Could which is a wire transfer. Have I been Mr. REID. Madam President, this is there conceivably be a time when gov- investigated by my government? I do an extremely important plateau we ernment comes into our homes and not know. It is secret. have reached. It has been very difficult says, We want your guns? What I want is protection. I want to for everyone. But now this bill can go People say that is absurd. That would capture terrorists, sure. If terrorists to the President of the United States if never happen. I hope that day never are moving machine guns and weapons these amendments are defeated, which comes. I am not accusing anybody of in our country, international terror- I hope they are. It will go to the Presi- being in favor of that, but I am worried ists, by all means, let’s go after them. dent tonight before the deadline of this about a government that is sifting But the worst people, the people we bill, so this bill will not lapse. Even through millions of records without want to lock up forever—the people all though the Senator from Kentucky, asking: Are you a suspect; without ask- of us universally agree about: people Mr. PAUL, and I have had some dif- ing, are you in league with foreign ter- who commit murder, people who com- ferences, what we have done on this rorists? Are you plotting a violent mit rape—we want to lock them up and

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It is judge, and we will get a warrant. Just wasting time on 8 million trans- sort of the analogy of saying that be- because we believe in procedural pro- actions—the vast majority of these cause I believe you should get a war- tections, just because we believe in the transactions being by law-abiding U.S. rant before you go into a potential or Constitution does not mean we do not citizens—we are not targeting the peo- alleged murderer’s house, somehow I want to capture terrorists. We just ple who would attack us. am in favor of murder. want to have some rules. Let’s do police work. If there are ter- I am in favor of having constitu- I will give you an analogy. Right rorist groups in the Middle East and we tional protections. These arose out of now, you have been to the airport. know who they are, let’s investigate hundreds of years of common law. They Most of America has been to the air- them. If they have money in the United were codified in our Constitution be- port at some point in time in the last States or they are transferring it be- cause we were worried. We were incred- year or two. Millions of people fly tween banks, by all means, let’s inves- ibly concerned about what the King every day. But we are taking this shot- tigate them. But let’s have some con- had done. We were concerned about gun approach. We think everyone is a stitutional protections. Let’s have what a far distant Parliament was terrorist, so everyone is being patted some protections that say you must doing to us without our approval. We down, everyone is being strip-searched. ask a judge for a warrant. were concerned about what James Otis We are putting our hands inside the Some have said: How would we get called writs of assistance. Writs of as- pants of 6-year-old children. I mean, these people? Would we capture those sistance were pieces of paper that were have we not gone too far? Are we so who are transferring weapons? We warrants that were written by soldiers. afraid that we are willing to give up all would investigate. We have all kinds of They were telling us we had to house of our liberty in exchange for security? tools, and we have been using those the British soldiers in our houses, and Franklin said: If you give up your lib- tools. they were giving general warrants erty, you will have neither. If you give Others have said: Well, we have cap- which meant: We are just going to up your liberty in exchange for secu- tured these people through the PA- search you willy-nilly. We are not rity, you may well wind up with nei- TRIOT Act, and we never could have going to name the person or the place. ther. gotten them. The problem with that We are not going to name the crime Because we take this shotgun ap- argument is that it is unprovable. You you are accused of. proach, we take this approach that ev- can tell me you captured people If a government were comprised of eryone is a potential terrorist, I think through the PATRIOT Act and I can angels, we would not need the fourth we actually are doing less of a good job believe you captured them and you amendment. What I argue for here now in capturing terrorists because if we have prosecuted them, but you cannot is protections for us all should we get spent our time going after those who prove to me you would not have cap- a despot, should we someday elect were committing terrorism, maybe we tured them had you asked for a judge. somebody who does not have respect would spend less time on those who are We have a special court. It is called for rights. We should obey rules and living in this country, children and the FISA Court. The FISA Court has laws. otherwise, frequent business travelers, been around since the late 1970s. Not Is this an isolated episode we are who are not a threat to our country. one warrant was ever turned down be- here talking about, the PATRIOT Act, Instead of wasting time on these peo- fore the PATRIOT Act. But they say: and that there is an insufficient time, ple, we could spend more time on those We need more power. We need more that it is a deadline: Hurry, hurry; we who would attack us. power given to these agencies, and we must act. It is not an isolated time. I will give you an example—the Un- do not need any constitutional re- We have had no sufficient debate on derwear Bomber. For goodness’ sakes, straint anymore. the war with Libya. We are now en- his dad reported him. His dad called But my question is, the fourth countered in a war in Libya, so we now the U.S. Embassy and said: My son is a amendment said you had to have prob- have a war in which there has been no potential threat to your country. We able cause. You had to name the person congressional debate and no congres- did nothing. He was on a watch list. We and the place. Well, how do we change, sional vote. But do you know what still let him get on a plane. He had get rid of probable cause and change it they argue. They say it is just a little been to Nigeria. He had been to Yemen to a standard of relevance? How do we war. But you know what. It is a big twice. For goodness’ sakes, why don’t do that and amend the Constitution principle. It is the principle that we as we take half the people in the TSA who without actually amending the Con- a country elect people. It is a principle are patting down our children and let’s stitution? These are important con- that we are restrained by the Constitu- have them look at the international stitutional questions. But when the tion, that you are protected by the flight manifest of those traveling from PATRIOT Act came up, we were so Constitution, and that if I ask the certain countries who could be attack- frightened by 9/11 that it just flew young men and women here today to ing us? For goodness’ sakes, why don’t through here. There were not enough go to war and say we are going to go to we target whom we are looking at? copies to be read. There was one copy war, there darn well should be a debate My other amendment concerns bank- at the time. No Senator read the PA- in this body. We are abdicating those ing records. Madam President, 8 mil- TRIOT Act. It did not go through the responsibilities. lion banking records have been looked standard procedure. We are not debating the PATRIOT at in our country—not by the govern- Let’s look at what is happening now. Act sufficiently. We are not having an ment. They have empowered your bank Ten years later, you would think the open amendment process. It took me 3 to spy on you. Every time you go into fear and hysteria would have gotten to days of sitting down here filibustering, your bank, your bank is asked to spy such a level that we could go through but I am going to get two amendment on you. If you make a transaction of the committee process. Senator votes. I am very happy and I am more than $5,000, the bank is encour- LEAHY’s bill went to committee. It was pleased we came together to do that. I aged to report you. If the bank does deliberated upon. It was discussed. It wish we would do more. I wish Senator not report you, they get a large fine, to was debated. It was passed out with bi- LEAHY’s bill was being voted on here on the tune of $100,000 or more. They could partisan support. It came to the floor the floor. I wish there were a week’s get 5 years in prison. They are over- with bipartisan support. But do you worth of debate. encouraged. The incentive is for the know why it is not getting a vote now? The thing is, we come here to Wash- bank to report everyone. So once upon Because they have backed us up ington expecting these grand debates. I a time, these suspicious-activity re- against a deadline. have been here 4 months. I expected

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You they can beat somebody else, then they ity reports—8 million of them have are not told if your bank has been spy- allow the vote to come to the floor. been filed in the last 8 years. The gov- ing on you. If your bank has put in a But some, like Senator LEAHY’s bill—I ernment does not have to ask for this; suspicious-activity report, you are not am suspicious that it is not going to be it is sort of like they have deputized informed of that. voted on because they may not be able the banks. The banks have now become So the bottom line is, just because to beat it. I support it. sort of like police agencies. The banks there is no complaint does not mean So the question is, Should we have are expected to know what is in the there have not been abuses. There is some more debate in our country? We Bank Secrecy Act. They are expected something called national security let- have important issues pressing on us. I to know thousands of pages of regula- ters. These are written by officers of have been here for 4 months, and I am tions. But do you know what they tell the law, by FBI agents. There is no re- concerned about the future of our your bank. If you do not report every- view by judges. There have been 200,000 country because of the debt burden, be- body, if you do not report these trans- of these. There has been an explosion of cause of this enormous debt we are ac- actions, we will fine you, we will put these national security letters, and we cumulating. But are we debating it you in jail, or we will put you out of do not know whether they are being fully? Are we talking about ways we business. abused because they are a secret. could come together, how Republicans That is a problem. It is a real prob- In fact, here is how deep the secret and Democrats, right and left, could lem that that is what has come of this. goes. When the PATRIOT Act was come together to figure out this crisis I think we need to have procedural pro- originally passed, you were not allowed of debt? No. I think we are so afraid of tections. to tell your lawyer. If the government debate but particularly with the PA- Madam President, if at this point came to you with an FBI agent’s re- TRIOT Act. there is a request from the Senator quest, you could not even tell your The thing with the PATRIOT Act is from Illinois to yield for a question or lawyer. This, is very disturbing. They that it is so emotional because anyone a comment, I would be happy to, if it is finally got around to changing that. who stands up, like myself, and says we about the PATRIOT Act. But you know what. If I had an Inter- need to have protections for our people, OK. The amendments I will be pro- net service, if I am a server and they that we should not sift through the posing will be about two things, and we come to me with a policeman’s request, records of every gun owner in America, will have votes on them. We have been and they say: Give us your records—if looking and just trolling through given the time to debate, which I am I tell anyone other than my attorney, I records—interestingly, we have looked glad we fought for. We will basically be can go to jail for 5 years. at 28 million electronic records, when given a virtually insurmountable hur- What we have is a veil of secrecy. So the inspector general looked at this—28 dle. This will be maybe the first time even if the government is abusing the million electronic records. We have in recent history I remember seeing powers, we will never know. How much looked at 1,600,000 texts. If you said to this, but they will move to table my time remains? me: Well, they asked a judge, and they amendments. In order for me to defeat The PRESIDING OFFICER. The Sen- thought these were terrorists, I do not the tabling motion, I will have to have ator has 8 minutes remaining. have a problem. The judge gives them a 60 votes. It is similar to the votes we Mr. PAUL. Does the Senator from Il- warrant, and they look at these text have when you have to overcome a clo- linois wish to interject? messages or electronic records. But do ture vote or you have to overcome a Mr. DURBIN. I understand there is you want them trolling through your filibuster. But we really are not having time on the other side as well. Facebook? Do you want them trolling any vote where there is a possibility of The PRESIDING OFFICER. There is through your e-mails? Do you want a me winning. There is really a forgone 28 minutes on the majority side. government that is unrestrained by conclusion. The votes are counted in Mr. DURBIN. I would like to speak law? advance. on the majority’s time. This ultimately boils down to wheth- I am proud of the fact that I fought Mr. PAUL. I will finish up then. As er we believe in the rule of law. So for, though, and we got some debate on we go forward on these, I would hope often we give lipservice to it on our the floor and that maybe in bringing there would be some deliberation and side and the other side, and everybody this fight, the country will consider that the vote, as it goes forward, peo- says: We believe in the Constitution and reconsider the PATRIOT Act. But ple will think about that we need to and the rule of law. When you need to we need to have more debate. Senator balance our freedoms with our secu- protect the rule of law is when it is LEAHY’s bill needs to be fully debated rity. I think we all want security. No- most unpopular. When everybody tells and needs to come out. Maybe when body wants what happened on 9/11 to you that you are unpatriotic or you are there is not a deadline, maybe it will happen again. for terrorism because you believe in come forward. Maybe we can have some But I think we do not need to sim- the Constitution, that is when it is discussion. plify the debate to such an extent that most precious, that is when it is that But I guess most of my message is we simply say we have to give up our you need to stand up and say no. that we should not be fearful. We liberties. For example, I cannot tell We can fight. We can preserve our should not be fearful of freedom. We you how many times people have come freedoms. We are who we are because of should not be fearful of individual lib- up to me in Washington, unelected offi- our freedoms and our individual lib- erty. And they are not mutually exclu- cials, and said: We could have gotten erty. If we give that up, we are no dif- sive. You do not have to give up your Moussaoui, the 19th hijacker, if we had ferent from those whom we oppose. liberty to catch criminals. You can the PATRIOT Act. Those who wish to destroy our country catch criminals and terrorists and pro- The truth is, we did not capture want to see us dissolved from within. tect your liberty at the same time. Moussaoui because we had poor police We dissolve from within when we give There is a balancing act. But what we work. Ask yourself: Did we fire any- up our liberties. We need to stand and did in our hysteria after 9/11 was we did body after 9/11? We gave people gold be proud of the fact that in our country not do any kind of balancing act. We medals. We gave them medals of honor it is none of your darn business what just said: Come and get it. Here is our for their intelligence work after 9/11. we are reading. It is none of your busi- freedom, come and get it. We do not To my knowledge, not one person was ness where we go to see a doctor, what care whether there is review in Con- fired. movie we see, or what our magazines gress. We do not care whether there is Do you think we were doing a good are. It is nobody’s business here in to be an inspector general looking at job before 9/11? We had the 19th hi- Washington what we are doing. If they this. jacker in prison, in custody for a

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Was it because we did not have go out and say the Senator from Ken- burning. Congress responded and the prerogative? They did not ask. An tucky does not want to capture terror- passed it with an overwhelming bipar- FBI agent in Minnesota wrote 70 let- ists or the Senator from Kentucky tisan vote. It was a unique moment in ters to his superiors saying: Ask for a wants people to have guns and to at- our history. But even then we were warrant. His superiors did not ask for a tack us because the thing is, we can concerned enough to put a sunset and warrant. Do you think we should have have reasonable philosophical debates to do our best to review it in the future done something about that after 9/11? about this, but we need to be having an to determine whether it went too far We gave everybody in the FBI and open debate process. We need to talk when it came to our freedoms. I voted the CIA medals. We gave the leaders about the constitutional protections, for it, but I soon realized that it gave medals for meritorious service, and no the provisions that protect us all, and too much power to government with- one blinked an eye. What did we do? We we need to be aware of that. out enough judicial and congressional passed the PATRIOT Act and said: I tell people: You cannot protect the oversight. Come and take our liberties. Make us second amendment if you do not be- So 2 years after the PATRIOT Act safe. But to make us safe, we should lieve in the fourth amendment. You became law, I joined a bipartisan group not give up our rights to protect what cannot protect the second amendment of Senators in introducing the SAFE we read, to protect what we view, to if you do not believe in the first Act, legislation to reform the PA- protect where we go and who we asso- amendment. It is all incredibly impor- TRIOT Act. The SAFE Act was sup- ciate with. We should not allow govern- tant. ported by advocates from the left and ments to troll willy-nilly through mil- I hope as we go forward on this vote, right, from the ACLU to the American lions of records. and even though I will likely fail, be- Conservatives Union. Progressive You have heard of wireless wiretaps. cause of the way the rules are set up on Democrats and very conservative Re- A lot of these things are unknown be- the vote, I hope as we go forward that publicans came together across the cause they are so secret that nobody at least somebody will begin to discuss partisan divide understanding Ameri- knows. Even many of us do not even this, somebody will begin to discuss cans can be both safe and free. know the extent of these things. But I where we should have some constitu- We wanted to retain the expanded can tell you, there is a great deal of tional restraint; that Senator LEAHY powers of the PATRIOT Act but place evidence that we were looking at mil- will have a chance to bring his bill for- some reasonable limits to protect con- lions of records and that millions of in- ward, and that there will be a full and stitutional rights. When he joined the nocent U.S. citizens are having their open debate. Senate in 2005, Senator Barack Obama records looked at. I hope we have cracked the door open became a cosponsor of our SAFE Act. Now, are we doing anything? Are we Here is what he said as a Senator: imprisoning innocent folks? No, I do and I have been a small part of that. I yield back my time. not think we are doing that. I think We don’t have to settle for a PATRIOT Act The PRESIDING OFFICER (Ms. that sacrifices our liberties or our safety. We they are good people. I think the peo- KLOBUCHAR.) The Senator from Illinois. can have one that secures both. ple I have met in the FBI, the people I Mr. DURBIN. Madam President, it is have met in our government want to do I agree with then-Senator Obama. In my understanding that we have a con- the right thing. But what I am fearful 2006, the first time Congress reauthor- sent that will allow Senator PAUL to of is that there comes a time when we ized the PATRIOT Act, some reforms offer two amendments, and then we have given up these powers—for exam- from the SAFE Act were included in will go to final passage on this reau- ple, the constitutional discussion over the bill, and I supported it. However, thorization of the PATRIOT Act. war. many key protections from the SAFE If we say: Well, Libya is just a small The PRESIDING OFFICER. That is Act were not included, so there are war. We do not care. We say Congress correct. still significant problems. has no say in this. What happens when Mr. DURBIN. I will oppose the The FBI is still permitted to obtain a we get a President who decides to send amendments offered by Senator PAUL, John Doe roving wiretap that does not 1 million troops into war and we sim- and then oppose the reauthorization of identify the person or the phone that ply say: Who cares. You know, we let the PATRIOT Act. I would like to ex- will be wiretapped. In other words, the the President do whatever he has to do plain in my remarks why. FBI can obtain a wiretap without tell- because he has unlimited powers. I voted for the PATRIOT Act in the ing a court who they want to wiretap We fought a war, we fought long and year 2001. In fact, there was only one or where they want to wiretap. hard to restrict—we wanted an Execu- Senator on the floor—who no longer In garden variety criminal cases, the tive that was bound by the chains of serves—who voted against it. It was a FBI is still permitted to conduct the Constitution. We wanted a Presi- moment of national crisis. We were sneak-and-peak searches of a home dency, an executive branch that was told then by the Bush administration without notifying the homeowner bound by the checks and balances. they needed new authorities to make about the search until a later time. We That is what our Constitution is about. certain that America would be safe and now know the vast majority of sneak- It is about debate. Debate is important. never attacked again. and-peak searches take place in cases Amendments are important. Bringing I want to salute Senator PATRICK that do not involve terrorism in any forward something from committee LEAHY, as well as his counterparts on way. that would have reformed the PA- both sides of the aisle, who worked A national security letter, or NSL, is TRIOT Act is incredibly important, to night and day to put together a bipar- a form of administrative subpoena have those debates on the floor of the tisan version of this PATRIOT Act and issued by the FBI. We often hear NSLs Senate. had the good sense to include in it a compared to grand jury subpoenas. But That is why there is a certain sunset. We knew we were writing a law unlike a grand jury subpoena, a na- amount of disappointment to having with high emotion over what had hap- tional security letter is issued without arrived in Washington and to see the pened to our country. We wanted to the approval of a grand jury or even a fear of debate of the Constitution, and make sure it was a good law, but we prosecutor. And unlike the grand jury that we need to be debating these made certain it would be temporary in subpoena, the recipient of an NSL is things. We need to have full amend- nature, for the most part, and we would subjected to a gag order at the FBI’s ments. return and take another look at it. I discretion. Can there be any excuse why the in- cannot vote for an extension, a long- The PATRIOT Act also greatly ex- spector general should not be reviewing term extension, of the PATRIOT Act panded the FBI’s authority to issue

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An NSL now allows the FBI to ator PAUL’s amendment concerning the financial institution, and also obtain sensitive personal information suspicious activity reports, or what is there has to be some follow-on proce- about innocent American citizens, in- referred to as SARS. dure to determine that there is reason cluding library records, medical This amendment would prevent the for the government to get hold of the records, gun records, and phone records Department of Treasury from requiring financial records of this individual. even when there is no connection what- any financial institution to submit a In my mind, this amendment would soever to a suspected terrorist or spy. suspicious activity report unless law put law enforcement in an unaccept- The Justice Department’s inspector enforcement first requests the report. able and unreasonable position. At the general concluded that this standard If this amendment should become law, same time we are asking them to pur- ‘‘can be easily satisfied.’’ This could it will effectively take away one of the sue swindlers and money launderers lead to government fishing expeditions government’s main weapons in the bat- more aggressively, we need to preserve that target innocent people. tle against money laundering and other the requirement that financial institu- For years we have been told there is financial crimes. tions report suspicious activities. We no reason to be concerned about this It will also negatively impact our ef- need to follow up on these leads not broad grant of power to the FBI. In forts to detect and follow the flow of just from a criminal law enforcement 2003, then-Attorney General Ashcroft funds to and from international terror- perspective but from a national secu- testified to our committee that librar- ists. It is important to remember that rity perspective as well. ians raising concerns about the PA- SARS are essentially tips from third- Since 9/11, I have been involved with TRIOT Act were ‘‘hysterics’’ and that party financial institutions concerning the Intelligence Committee all of those ‘‘the Department of Justice has neither suspicious transactions. Because law years. We do extensive oversight on the staffing, the time, nor the inclina- enforcement is not watching the finan- this particular provision in the PA- tion to monitor the reading habits of cial transaction of every American on TRIOT Act, as well as other provisions. Americans.’’ But we now know the FBI a daily basis 24/7, they often have no We have hearings on this from time to has, in fact, issued national security idea that a person is even engaged in a time, and we require the law enforce- letters for the library records of inno- financial crime until they receive a ment officials to come in and talk to us cent people. suspicious activity notification from a about what they are doing. To my knowledge, there has never been one For years we were told the FBI was financial institution. In a sense, SARs complaint or abuse that has been not abusing this broad grant of power. are not much different than the tips shown from the use of this particular But in 2007, the Justice Department’s that law enforcement often receives provision. This particular provision is own inspector general has concluded from anonymous sources. These tips or working exactly the way we intended it the FBI was guilty of ‘‘widespread and leads can often form the basis for initi- to work. It is a valuable tool for our serious misuse’’ of the national secu- ating investigations that can be used rity letter’s authority and failed to re- law enforcement. to neutralize criminal or terrorist ac- Let me speak also about amendment port these abuses to Congress and the tivities. No. 363, which is Senator PAUL’s White House. The problem with this amendment is amendment concerning firearms The inspector general reported that that it would require the government the number of national security letter records. Simply put, this amendment to look into a crystal ball in order to requests has increased exponentially would make it more difficult for na- figure out when they should request a from about 8,500 the year before enact- tional security investigators to prevent SAR. With this logic, we should only ment of the PATRIOT Act to an aver- an act of terrorism inside the United allow law enforcement to act on an age of more than 47,000 per year, and States. The amendment would prohibit anonymous tip unless they ask for the even these numbers were significantly the use of a FISA business records tip to be reported first. If a law en- understated. court order to obtain firearms records We can be safe and free. I think it is forcement or intelligence officer in the possession of a licensed firearms important that the measure that doesn’t get a tip about suspicious ac- importer, manufacturer, or dealer. In- passed the Senate Judiciary Com- tivity, how in the world is he going to stead, national security investigators mittee should have been on the Senate know when it occurred in the first could only obtain such records through floor. It included an amendment which place? The answer here is simple: They a Federal grand jury subpoena during I offered with Senator LEAHY and other will likely never know it occurred until the course of a criminal investigation provisions which I think are an im- the criminal activity has occurred, and or with a search warrant issued by a provement over the current bill before maybe it will even go undetected. Federal magistrate upon a showing of us. Look, for example, at the 9/11 hijack- reasonable cause to believe that a vio- I will say one quick word about the ers. There was a minimum of 12 to 13 of lation of Federal firearms laws has oc- amendment by Senator PAUL. I do not those individuals who came into and curred. That might not always be pos- believe it is in our Nation’s best inter- out of the United States over a period sible. ests to exempt gun records from ter- of time. Money was transferred to and For example, before MAJ Nidal rorist investigations. For goodness’ from those individuals over a period of Hasan began his deadly assault against sake, when we are dealing with peo- time. Under the requirements pre-PA- innocent military and civilian per- ple—terrorists using guns—searching TRIOT Act, there was no suspicious ac- sonnel at Fort Hood, TX, in November the records to make certain that we tivity detected. But after the enact- 2009, there was no evidence that he had know the source of those guns and ment of the PATRIOT Act, there would violated any criminal or Federal fire- whether there are any other threats to be reason now for any financial institu- arms laws. Thus, the FBI could not this Nation is reasonable to do. tion to suspect the potential for sus- have relied on title 18 to obtain infor- These should not be so sacred and picious activity from those transfers of mation about Hasan’s purchase of the sacrosanct that we do not ask the hard moneys. firearms used in the attack. questions when our Nation’s security is That is exactly why we did what we As we have since learned, however, at risk. I would agree with him that we did in the PATRIOT Act, and that is there was likely enough intelligence ought to make certain there is a con- one of the reasons why we have not information to open a preliminary in- nection between that request for gun seen a subsequent direct attack on U.S. vestigation on Hasan because of his record information and a suspected ter- soil from individuals who had been in contacts with a known al-Qaida mem- rorist or spy. But to say these records the United States and have received ber in Yemen, and seek a section 215 cannot be asked for under the PA- money through transfers, or whatever order for information about his gun TRIOT Act goes too far. That is why I it may be. Let’s don’t forget that sec- purchases. I don’t understand why we will oppose his amendment. tion 215 business records cannot be ob- would take this tool away from na- I yield the floor. tained in an arbitrary manner. There tional security investigators, espe- The PRESIDING OFFICER. The Sen- has to be, first of all, a determination cially, here again, where there has been ator from Georgia is recognized. that there is some international con- no indication of any abuse of this au- Mr. CHAMBLISS. I rise to speak in nection between the individual whose thority with respect to firearms or opposition to Amendment No. 365, Sen- account has been deemed suspicious by other sensitive records.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3396 CONGRESSIONAL RECORD — SENATE May 26, 2011 Congress has conducted extensive and intrusive compilation of firearms-re- timately passed, S. 193, which forms oversight of the PATRIOT Act and lated records by several Federal agencies, the core of the Leahy-Paul amendment FISA authority, and there have been and will continue to protect the privacy of of which I am a cosponsor. We put no reports of any widespread abuse or our members and all American gun owners. those provisions before this Chamber. I While well-intentioned, the language of misuse, and no reports that the govern- this amendment, as currently drafted, raises am disappointed we don’t have consent ment has ever used these authorities to potential problems for gun owners, in that it to move forward in order to have time violate second amendment rights. encourages the government to use provisions to debate these reforms to the PA- Moreover, the protections detailed in in current law that allow access to firearms TRIOT Act. As Americans, the choice section 215 ensure that second amend- records without reasonable cause, warrant, between liberty and safety is not one ment rights are fully respected in the or judicial oversight of any kind. Based on or the other. We expect and demand use of this authority. Unlike in crimi- these concerns, and the fact that the NRA both. Balancing the two responsibly re- nal investigations where a Federal does not ordinarily take positions on proce- quires careful consideration to each. grand jury may issue a subpoena for dural votes, we have no position on a motion to table amendment No. 363. We must be cognizant of our Nation’s firearms records, any request for very real enemies who intend to do us records under section 215 must first be For those reasons, I intend to vote harm, just as they did on September 11. approved by the Foreign Intelligence against both of these amendments. It was awareness of this danger in the Surveillance Court. As with all other While I appreciate the intent and the world that motivated this Congress, as section 215 records, the court must find emotion with which my friend Senator we have heard in previous speeches, to that such records are relevant to an PAUL comes to the floor to advocate, enact the PATRIOT Act, nearly 10 authorized national security investiga- we need to make sure we get these ex- years ago now, in the wake of those at- tion. This means the FBI cannot use tensions in place immediately, so we tacks. A grave new threat called for this authority in a domestic terrorism have no gap in the coverage available bold new authorities. Though I was not investigation, nor can the FBI ran- to our intelligence community, and then in the Senate, I likely too would domly decide to see whether an ordi- that we continue to give them the have voted for its passage. nary citizen or even a vocal advocate of tools they need to protect America and But this body’s passage of that act the second amendment owns a firearm. protect Americans. did not amount to a permanent choice There are two additional oversight The PRESIDING OFFICER. The Sen- of security over liberty. Because of the safeguards that are built into the sec- ator from Delaware is recognized. broad scope of the new authorities in tion 215 process. First, each request for Mr. COONS. Madam President, I ask the PATRIOT Act, the bipartisan these sensitive records by the FBI can unanimous consent that the Senate drafters of the bill insisted upon plac- only be approved by one of three high- proceed to the consideration of S. 1114, ing key sunset provisions in the bill to level FBI officials—the Director, the a short-term one-month PATRIOT Act ensure that Congress periodically re- Deputy Director, or the Executive As- sunset extension bill, which is cur- viewed how they were being used and sistant Director for National Security. rently at the desk; that the bill be read assessed whether they were still essen- Second, there are also specific re- the third time, and passed; that the tial to our security. porting requirements that are designed motion to reconsider be laid upon the Even in the unnerving weeks after to keep Congress informed about the table, with no intervening action or de- 9/11—an extraordinary time in the his- number of orders issued for these types bate. tory of this Congress and this Nation— of sensitive records. The PRESIDING OFFICER. Is there the authors of the PATRIOT Act knew One of the big lessons we learned objection? that the powers they were granting after the 9/11 terrorist attacks was that Mr. CHAMBLISS. I object. needed to be monitored. we needed to make sure national secu- The PRESIDING OFFICER. Objec- Sunsets are critical to ensuring that rity investigators had access to inves- tion is heard. the PATRIOT authorities are not tigative tools similar to those that Mr. COONS. I am disappointed my abused by the government. They are have long been available to law en- unanimous consent request was not critical. forcement. Section 215 of the PATRIOT agreed to. I wish to explain my action It’s because of sunsets that every 4 Act addresses that need. It provides an here today. The comments I am about years, the FBI must return to Congress alternative way to obtain business to give are an explanation of a vote I and justify its use of the PATRIOT Act records, including firearms records, in intended to take later today. overall and three provisions in par- situations where there may be a na- As Senator CHAMBLISS said just be- ticular: the roving wiretap, the lone tional security threat but not yet a fore me, the powers of the PATRIOT wolf authority, and § 215 orders, which criminal investigation or violation. Act are too important for us to risk allow the government to demand vir- I have long been a strong supporter their expiration as this body considers tually any document or other evidence of the second amendment. There is no- whether to amend them or revise them. pertaining to an individual from a body in this body who has a better vot- I could not agree more. third party. ing record on the second amendment I offered a 1-month extension in order Sunsets only work, however, if we in than I do. Probably nobody here owns that this body may take the time that Congress have the innate courage to as many guns as I own, but I use them is needed and deserved to seriously de- ask the difficult questions when they for legal and lawful purposes. I will bate and conduct oversight over the arise. If, instead, Congress shies away work with the National Rifle Associa- PATRIOT Act. This is a significant from the tough debate and simply ex- tion and any citizen group to make piece of national security legislation tends the sunsets for another 4 years, sure that neither this law nor any Fed- that I believe is worthy of further con- we surrender our responsibility to con- eral law is misused to infringe on the sideration and debate. sider whether specific provisions second amendment rights of any law- Law enforcement agencies—Federal, should be amended, reauthorized, or al- abiding citizen. But this particular State, and local—work day in and day lowed to expire. amendment would harm legitimate na- out to protect all of us from real If the proposed 4-year extension tional security investigations. threats that go largely unknown and passes without amendment, it will I want to take a minute to read a let- unnoticed by most Americans. I want have been 9 years before Congress votes ter I received from Chris Cox, execu- law enforcement to have all the appro- on reforms to PATRIOT—9 years. tive director of the National Rifle As- priate tools in their toolbox to accom- What is the point of having sunsets sociation: plish this goal. in this bill if we are going to ignore our DEAR SENATOR CHAMBLISS: Thank you for Unfortunately, there are also, in my oversight responsibilities? asking about the National Rifle Associa- view, legitimate concerns about the Regretfully, I cannot support any tion’s position on a motion to table amend- legislation on which we are about to measure that extends controversial and ment No. 363 to the PATRIOT Act. The NRA takes a back seat to no one when it comes to vote—concerns that my colleagues and searching PATRIOT authorities until protecting gun owners’ rights against gov- I, including the occupant of the chair, 2015 if this body does not first consider ernment abuse. Over the past three decades, on the Judiciary Committee, reviewed whether the act is in need of amend- we fought successfully to block unnecessary and addressed in detail, and in a bill ul- ment. And so I must.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3397 The Judiciary Committee did exactly sent a letter to Congress expressing the The FBI includes SAR data in its In- what it is supposed to do and has view that legislation almost identical vestigative Data Warehouse to iden- worked for months on improving the to Leahy-Paul ‘‘strikes the right bal- tify: PATRIOT Act ahead of this deadline. It ance by both reauthorizing these essen- financial patterns associated with money was a difficult, bipartisan debate but tial national security tools and en- laundering, bank fraud, and other aberrant the bill we produced is strong and de- hancing statutory protections for civil financial activities. served to be considered by the full liberties and privacy in the exercise of Second, Organized Crime Drug En- these and related authorities.’’ body. Chairman LEAHY deserves credit forcement Task Force’s Fusion Center These reforms make our Nation more for crafting a set of commonsense, re- combines SAR data with other data to: sponsible amendments. secure because they strengthen our In each of the last two Congresses, place in the world as the cradle of lib- produce comprehensive integrated intel- the Judiciary Committee reported a bi- erty. ligence products and charts. partisan PATRIOT reauthorization I don’t want to repeal the PATRIOT Third, the IRS uses SARs to identify: bill. In each case, the bills would have Act, but at this moment we have a financial crimes, including individual and made important revisions to PATRIOT choice, and a chance—our last chance corporate tax frauds and terrorist activities. for 4 years—we can push forward with a without compromising national secu- We received a letter just today from rity. Also in each case, the bills were bill that does nothing to improve PA- TRIOT—nothing to factor in every- the Attorney General of the United reported out in plenty of time for this States strongly opposing this amend- full body to consider them. In each thing that is changed in the last 5 years, or we can vote down this long- ment of Senator PAUL, and this is what case, no floor action was taken until the Attorney General says: such a late hour that meaningful de- term extension, vote for a short-term bate over the expiring provisions has extension and move to debate of the re- SARs are a critical tool for our national security and law enforcement professionals. been precluded. forms that the Judiciary Committee has already worked up. SARs are used to alert intelligence and law The Judiciary-reported bill, S. 193, enforcement personnel to issues that war- which forms the basis of the Leahy- The PATRIOT Act is important to our national security, but I cannot sup- rant further investigation and scrutiny. The Paul amendment, deserves consider- purpose of the SAR regime is to require fi- ation. It deserves consideration be- port the abdication of Congress’s role nancial institutions to report on suspicious cause our serious consideration of re- in strengthening it. activities based on information that is solely If I might, in summation, simply say forms sends the strong message that within their possession. Prior to the filing of this: If we were today to pass a 4-year the PATRIOT authorities are not a a SAR, our law enforcement and intelligence extension, without amendment or revi- blank check, that we in Congress are analysts often are not aware that a par- sion, it will have been 9 years that Con- ticular bank account or individual may be watching closely to make sure that the gress does not act in any substantive associated with criminal activity or may be use of PATRIOT is consistent with our way on the amendments. I join Senator engaged in activities that pose a threat to shared national respect for individual LEAHY in intending to vote ‘‘no’’ today, national security, such as the funding of ter- liberty and freedom. not because I believe the PATRIOT Act rorist activities. The Leahy-Paul amendment also de- is fundamentally flawed or because I Then the Attorney General goes on: serves consideration because the last 5 believe the United States doesn’t face years have shown us that substantive Conditioning the filing of SARs upon a re- real enemies, but because I think this revisions to PATRIOT are called-for quest from law enforcement would under- Congress has not taken seriously its mine this purpose. By definition, SARs are and, indeed, necessary. I would like to very real oversight responsibilities, its designed to alert law enforcement to infor- speak briefly about just one necessary need to strike that balance. The Judi- mation not otherwise within its possession. change, those to the national security ciary Committee did that hard work. The Paul amendment, No. 365, is very letter program. For this Congress to not amend this National security letters, or NSLs short, but what it does is say you must bill with the simple balanced and rea- are administrative subpoenas that have a request of an appropriate law sonable amendment offered in the allow the government to demand sub- enforcement agency for the report be- Leahy-Paul amendment, I believe I am fore there is a requirement to file a scriber information from third parties compelled to strike the balance be- without even having to go to a judge. suspicious activity report. As the At- tween security and liberty on the side torney General points out in his letter, These orders are also extraordinary in of liberty today, by saying this body that they prohibit recipients from tell- that would totally undermine the pur- has failed to act and to appropriately pose of the SAR requirement. ing anyone of their existence. conduct thorough oversight of this bill In 2007 and 2008, the Department of Finally, the Attorney General points before we send it 4 years into the fu- out the following: Justice inspector general found mas- ture. sive abuses in the NSL Program, with I yield the floor. How much time do I have remaining, tens of thousands of NSLs issued for Mr. LEVIN. Madam President, how Madam President? purposes that had nothing to do with much time is left? The PRESIDING OFFICER. The Sen- national security. Further, in 2008, a The PRESIDING OFFICER. There is ator has 2 minutes 12 seconds. court found that the gag order in each 51⁄2 minutes. Mr. LEVIN. I thank the Chair. NSL was unconstitutional. Mr. LEVIN. I thank the Chair. The Attorney General further points Plainly, NSLs are in need of revision, Madam President, I rise in opposition out: both to bring them in line with the to the amendment of Senator PAUL, Constitution and to guard against No. 365. This amendment would effec- It is also important to note that SARs themselves are confidential under law (i.e., abuses that have nothing to do with tively wipe out a critical tool used not available to the public) and cannot be national security. I support legislation against terrorists and drug traffickers. used as evidence. They contain information that would require that DOJ maintain I want to explain exactly what these that, if used by law enforcement personnel, sufficient internal guidelines to ensure suspicious activities reports are and must be further investigated and proven be- that NSLs are only issued when the why they are so essential to the FBI fore adverse action is taken. The reports are agents issuing them state facts that and other law enforcement people. only made available to law enforcement, in- show relevance to national security. I First of all, who uses them? FBI, or- telligence, and appropriate supervisory agen- also favor amending the gag order so ganized crime units, drug trafficking cies under applicable authorities and are subject to the protections of Federal law. that any recipient can immediately task forces, border security, Secret challenge it in court. Service, State and local police, and the Madam President, I ask unanimous These simple reforms as well as the intelligence community all use these consent to have printed in the RECORD others contained in the Leahy-Paul SARs. Second, what are they used for? a copy of the letter from the Attorney amendment, do not make our Nation There was a report from the GAO in General. more vulnerable to attack. That is 2009 which said the following: How are There being no objection, the mate- why, in 2010, the Attorney General and SARs used? They gave a number of ex- rial was ordered to be printed in the the Director of National Intelligence amples: RECORD, as follows:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3398 CONGRESSIONAL RECORD — SENATE May 26, 2011 OFFICE OF THE vestigating and prosecuting terrorism, pecially in a context where there is no ATTORNEY GENERAL, major money laundering offenses, and serious claim that these legal authori- Washington, DC, May 26, 2011. other serious crimes. ties have been misused. Hon. HARRY REID, The Bank Secrecy Act authorizes How does the system work now, as a Hon. MITCH MCCONNELL, U.S. Senate, Washington, DC. Treasury to require financial institu- practical matter? Let’s say a drug deal- DEAR LEADERS REID AND MCCONNELL: I un- tions to report suspicious activity to er comes into a bank with $9,000 in derstand that Senator Paul may offer an law enforcement. In response, the cash and the cash reeks of marijuana. amendment today to S. 990 which would Treasury Department has created an Under current law, the teller is trained modify Section 5318(g)(1) of Title 31, United extensive and effective system for to flag that transaction, and compli- States Code, to allow for the issuance of Sus- banks, casinos, securities firms, money ance officers in the bank’s back office picious Activity Reports (‘‘SARs’’) by finan- service businesses, and other financial would assess it and likely file a SAR, cial institutions ‘‘only upon request of an ap- institutions to file SARs that are regu- to be examined by law enforcement. propriate law enforcement agency. . . .’’ I Let’s say that the same person does write to express the Department’s serious larly reviewed by law enforcement. concerns about such an amendment. SARs are used by the FBI, organized this in four or five banks in town that SARs are a critical tool for our national crime units, drug trafficking task same afternoon, with the same security and law enforcement professionals. forces, border security, Secret Service, amounts, structured to be just below SARs are used to alert intelligence and law State and local police, and more. They reporting limits, reeking of marijuana. enforcement personnel to issues that war- have enabled the prosecution of a great Now he is effectively laundered almost rant further investigation and scrutiny. The number of serious crimes over the $50,000 in one day. I would say we at purpose of the SAR regime is to require fi- least want to know about that, and the nancial institutions to report on suspicious years. activities based on information that is solely Law enforcement agencies use SAR system now enables that. Under this within their possession. Prior to the filing of data daily to fight terrorist financing, amendment, that would all go by the a SAR, our law enforcement and intelligence money laundering, drug trafficking, boards. analysts often are not aware that a par- corruption, financial fraud, mortgage Let’s say the person is a terrorist ticular bank account or individual may be fraud, and illicit money flows of all conspirator or arms proliferator. Same associated with criminal activity or may be types. A 2009 GAO report gave these ex- scenario, only this time with a twist— engaged in activities that pose a threat to amples of how SARs are used: a series of large structured cash depos- national security, such as the funding of ter- FBI includes SAR data in its Investigative its in a series of banks here on the rorist activities. same day, that are then the next day Conditioning the filing of SARs upon a re- Data Warehouse to identify ‘‘financial pat- quest from law enforcement would under- terns associated with money laundering, wired to the same overseas account in mine this purpose. By definition, SARs are bank fraud, and other aberrant financial ac- Pakistan or Afghanistan or Iraq, with- designed to alert law enforcement to infor- tivities.’’ It uses SAR data to investigate drawn by a coconspirator there, and mation not otherwise within its possession. ‘‘criminal, terrorist, and intelligence net- used to buy IEDs to hit U.S. troops. By placing the onus on law enforcement to works.’’ Would we not want those trans- request information—about which it is un- The Organized Crime Drug Enforcement actions at least flagged by responsible aware—this amendment would take away Task Force’s Fusion Center combines SAR data with other data to ‘‘produce comprehen- bank officials and assessed for pat- from law enforcement a critical building terns? I think so, and I think my col- block of financial investigations and ter- sive integrated intelligence products and rorist financing intelligence. In this way, the charts.’’ leagues will agree. proposed amendment would severely under- The IRS uses SARs to identify ‘‘financial If the thresholds in this amendment mine the usefulness of the SAR regime, and crimes, including individual and corporate were implemented, very few SARs eliminate an effective tool in the fight tax frauds, and terrorist activity.’’ would be filed because there would be against financial fraud and, critically, ter- The Secret Service uses SAR data to ‘‘map no reason for law enforcement to re- rorism. and track trends in financial crimes.’’ quest that SARs be filed after identi- It is also important to note that SARs Sharply restricting current law and fying suspicious activity by other themselves are confidential under law (i.e., longstanding practice, this amendment means. Law enforcement would instead not available to the public) and cannot be would only authorize the reporting of obtain a search warrant to obtain all used as evidence. They contain information SARs after a law enforcement agency that, if used by law enforcement personnel, relevant information—i.e., the under- must be further investigated and proven be- makes a specific request of a bank, lying bank records—from the financial fore adverse action is taken. The reports are money service business, or other enti- institution. only made available to law enforcement, in- ty, which would in turn require a dem- The amendment would also cause the telligence, and appropriate supervisory agen- onstration that suspicious activity al- United States to be in noncompliance cies under applicable authorities and are ready exists, rendering a SARS filing with international anti-money laun- subject to the protections of Federal law. moot. dering and terrorist financing stand- In sum, the current SARs regime is critical It would basically turn SARs report- ards—for instance, the recommenda- to our national security and law enforce- ing upside down by requiring law en- ment activities, while also respectful of the tions of the Financial Action Task privacy interests of Americans. forcement to establish the basis for an Force, FATF, which require suspicious For these reasons, I urge that the amend- investigation before requesting a SAR, activity reporting when a financial in- ment not be adopted. rather than relying upon a SAR to ini- stitution has reasonable grounds to Sincerely, tiate or supplement an investigation suspect criminal activity. ERIC H. HOLDER, Jr., that would then lead to a search war- This is a very serious problem. For Attorney General. rant or subpoena. years other countries have looked to us Mr. LEVIN. Madam President, the So instead of being used as leads, for guidance and best practices on Paul amendment would throw out the flagging drug or terrorism-related or these issues. This amendment would window a legitimate and useful law en- money laundering activity for law en- make the United States an outlier forcement tool. It has worked effec- forcement, under the amendment bank secrecy jurisdiction. tively. Three courts have said it is con- SARSs would simply confirm sus- SARs themselves do not unreason- stitutional. I hope the Paul amend- picious activity. That would severely ably impinge on personal privacy. The ment is tabled, and I thank the Pre- degrade their value, which is to make reports are confidential and cannot be siding Officer. law enforcement aware of potential used as evidence. They contain allega- Mr. JOHNSON of South Dakota. criminal activity. tions that must be further investigated Madam President, suspicious activity If the United States were to disable and proven before adverse action is reports, or SARs, are just what they its SAR reporting system by requiring taken by law enforcement. seem—reports by banks and other fi- individual requests for SAR reports, it The reports are only made available nancial institutions when they come would invite the worst of criminals to to law enforcement, intelligence, and across obviously suspicious activity by misuse U.S. financial institutions for appropriate supervisory agencies under one of their customers. They have their schemes, knowing their activities applicable authorities and are subject been, and continue to be, valuable lead would not automatically be reported to to the protections of the Federal Pri- information for law enforcement in in- law enforcement. It makes no sense, es- vacy Act.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3399 I urge my colleagues to oppose this would read as they did before the PA- Act, in order to obtain firearms unwise and ill-conceived amendment. TRIOT Act was passed in 2001. That records, investigators must first go Mr. UDALL of New Mexico. Mr. means they would not be revoked com- through a rigorous application process President, today’s vote to extend expir- pletely but instead would be more lim- and then seek a Federal judge’s ap- ing provisions of the so-called PA- ited in scope. And what would happen proval. Senator PAUL’s amendment TRIOT Act is not the first time Con- if the ‘‘lone wolf’’ provision expired? would remove this judicial review. gress has extended the sunset provi- Not much. In the 7 years since its en- If Senator PAUL’s amendment be- sions, nor will it be the last. In 2006, actment, it is never been used. came law and removed judicial review, the USA PATRIOT Improvement and Even if the provisions expire, they investigators would then use a grand Reauthorization Act was passed and, contain exceptions for ongoing inves- jury subpoena in order to obtain the among other things, extended until De- tigations, and the government can con- records. A grand jury subpoena is a cember 2009 the three provisions we are tinue to use those provisions beyond process that has neither a rigorous ap- discussing today. When those provi- the sunset date. This is what a recent proval process, nor judicial review. sions were set to expire, a 3-month ex- CRS report says about this: Thus, Senator PAUL’s amendment, tension was included in the Depart- A grandfather clause applies to each of the while intending to protect second ment of Defense Appropriations Act. three provisions. The grandfather clauses au- amendment rights, actually backfires Three months later, Congress passed a thorize the continued effect of the amend- in that effort. 1-year extension until February 2011. ments with respect to investigations that First, let’s talk about the rigorous As that deadline loomed, and without began, or potential offenses that took place, approval process that controls whether sufficient time to have a real debate, before the provision’s sunset date. Thus, for firearms records can be obtained under example, if a non-U.S. person were engaged we passed the extension that expires at in international terrorism before the sunset the PATRIOT Act. And remember, this midnight tonight. date of May 27, 2011, he would still be consid- process does not exist under criminal Immediately after the terrorist at- ered a ‘‘lone wolf’’ for FISA court orders law when using a grand jury subpoena. tacks of 9/11, it may have been under- sought after the provision has expired. Simi- To obtain gun records under the PA- standable that our emotions made it larly, if an individual is engaged in inter- TRIOT Act, a section 215 order is used. unlikely that we would have a ration- national terrorism before that date, he may The use of section 215 orders has been ale and deliberative debate about the be the target of a roving wiretap under FISA reviewed by the Department of Justice PATRIOT Act. But at the time, as I even after authority for new roving wiretaps Office of Inspector General, which has expired. voted against the bill, I said on the issued a report in March 2007 that out- House floor that ‘‘the saving grace here Those are pretty broad exceptions, lined the existing process; that is, the is that the sunset provision forces us to and I am fairly confident that our abil- 10 layers of review before it is even come back and to look at these issues ity to protect the Nation would con- sent to a Federal judge are as follows: again when heads are cooler and when tinue even if the three provisions ex- No. 1, the FBI field agent. we are not in the heat of battle.’’ pire. So let’s put the hyperbole aside No. 2, the FBI field office supervisor. But that hasn’t happened. Each time and not stoke irrational fears for polit- No. 3, the field office’s Special Agent a sunset date nears, we hear a lot of ical expediency. in Charge. highly charged rhetoric from Members I am very disappointed that we No. 4, the field office’s District Coun- in both parties and in both Chambers couldn’t have a candid debate and an sel. of Congress about how devastating it opportunity to vote on several amend- No. 5, it is then forwarded to FBI will be to our national security if we ments. With a decade of hindsight, headquarters, where it is reviewed by a let the PATRIOT Act expire. I find this more voices from very different places National Security Law Branch lawyer. to be deeply disturbing because it dem- on the political spectrum agree that No. 6, the National Security Law onstrates that 10 years after the at- the entire law bears scrutiny and de- Branch Supervisor. tacks on 9/11 we are still using fear to bate. We should no longer neglect our No. 7, the request is then sent to the prevent an open and honest debate. duty to review the full scope of a law Department of Justice’s Office of Intel- Let’s put this rhetoric aside and dis- with such serious constitutional chal- ligence for review by a lawyer. cuss the facts. First, the PATRIOT Act lenges before rushing to reauthorize it, No. 8, if the request survives these is not about to expire. Three provisions again. seven approvals, the request is sent of the law are set to expire, but the Mr. GRASSLEY. Madam President, I back to the field office for an accuracy vast majority of the authorities con- support a clean reauthorization of the review. tained in the law will remain un- expiring provisions of the USA PA- No. 9, the request is then approved by changed. TRIOT Act and against Senator PAUL’s an Office of Intelligence supervisor. Two of the expiring provisions were amendment on firearms records. Over No. 10, then one of the three highest enacted as part of the PATRIOT Act. the years, I have always supported and ranking officials in the FBI must per- Section 206 of the act amended FISA to defended the second amendment. I have sonally approve the request, either the permit multipoint, or ‘‘roving,’’ wire- consistently voted to ensure that the Director, the Deputy Director, or the taps. Section 215 enlarged the scope of Federal Government does not limit the Executive Assistant Director for Na- materials that could be sought under constitutional rights of the millions of tional Security. FISA to include ‘‘any tangible thing.’’ American gun owners. I cannot support After approval by the field office, the It also lowered the standard required the amendment offered today by Sen- FBI’s National Security Law Branch, before a court order may be issued to ator PAUL because it will damage the the DOJ’s Office of Intelligence, the compel their production. The third pro- prospects of ensuring that critical na- field office again, and finally by one of vision was enacted in 2004 as part of tional security laws are not reauthor- the three highest officials of the FBI, the Intelligence Reform and Terrorism ized and could potentially hurt the sec- then an Office of Intelligence lawyer Prevention Act, IRTPA. This provision ond amendment rights of American presents the application package to the changed the rules regarding the types citizens. In fact, the National Rifle As- court for approval. of individuals who may be targets of sociation said today in a vote alert, A federally appointed district judge, FISA-authorized searches. Also known ‘‘While well-intentioned, the language serving on the Foreign Intelligence as the ‘‘lone wolf’’ provision, it permits of this amendment as currently drafted Surveillance Court, FISA, reviews the surveillance of non-U.S. persons en- raises potential problems for gun own- request and holds a hearing. At this gaged in international terrorism with- ers, in that it encourages the govern- hearing, the court can ask questions out requiring evidence linking those ment to use provisions in current law and make any changes the independent persons to an identifiable foreign power that allow access to firearms records judge deems appropriate. If approved, or terrorist organization. without reasonable cause, warrant or the signed order is then returned to the Let’s also be clear about what would judicial oversight of any kind.’’ FBI field office to be served by the happen if these provisions did expire. Senator PAUL’s amendment actually agent. The two provisions from the PATRIOT removes protections from firearms This is a very long process, and it Act that amended FISA authorities owners. Currently, under the PATRIOT takes, on average, over 140 days to get

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3400 CONGRESSIONAL RECORD — SENATE May 26, 2011 a section 215 order. It requires 11 sepa- That means it is more difficult to ob- intent that this bill reauthorizes the rate approvals before any records could tain records with a section 215 order in authorities in their current form and be obtained. Yet Senator PAUL’s a national security case than it is in a does so until June 2015. amendment will completely eliminate less serious criminal case with a grand How much time remains, Madam this investigative tool. A section 215 jury subpoena. President? order provides greater protections of I don’t know why we insist on mak- The PRESIDING OFFICER. There is second amendment rights than the al- ing it harder to investigate acts of ter- 1 minute 22 seconds. ternative, which is a grand jury sub- rorism than to investigate fraud and il- Mr. REID. Who controls that time? poena as part of a criminal investiga- legal drugs. The PRESIDING OFFICER. The time tion. Section 215 orders offer more protec- is controlled by the majority, and the The alternative method of obtaining tion than what the Constitution re- Senator from Kentucky controls 2 min- firearms records is a grand jury sub- quires. The Supreme Court, in U.S. v. utes 22 seconds. poena. It is rarely used as an alter- Miller, has held that business records, Mr. PAUL. Madam President, I am native in the national security context. such as banking deposit slips or car happy to yield back the remainder of First, investigators must have a crimi- rental records or firearms records, are my time. nal nexus before it can seek a grand not subject to fourth amendment pro- Mr. REID. I yield back the majority jury subpoena. This means there must tections because the customer has no time. be either criminal activity or a Federal reasonable expectation of privacy in AMENDMENTS NOS. 363 AND 365 TO AMENDMENT firearms violation. Sometimes, when documents that are in the possession of NO. 347 investigating terrorism, no criminal third parties. Mr. REID. Madam President, I move nexus exists. Senator PAUL’s amend- The constitutional argument that a to table the pending amendment, and I ment would prevent obtaining gun section 215 order is an unreasonable ask for the yeas and nays. records in foreign intelligence inves- search in violation of the fourth The PRESIDING OFFICER. The tigations that have no criminal nexus. amendment is completely contrary to clerk will report the amendments en More often, a suspected terrorist what the Supreme Court has been say- bloc. comes across our radar long before he ing for over 35 years. Thus, section 215 The legislative clerk read as follows: ever does anything that would rise to orders offer greater protection than The Senator from Kentucky [Mr. PAUL] the level of a criminal violation. Sen- what the Constitution requires. proposes en bloc amendments numbered 363 ator PAUL’s amendment would mean There are no reported abuses of sec- and 365. that the FBI could not get information tion 215 orders. And if this tool was The amendments are as follows: that a suspected terrorist is legally being abused, people know that I would AMENDMENT NO. 363 buying firearms until after he actually be eager to hold investigators account- (Purpose: To clarify that the authority to takes the shot or does something else able. obtain information under the USA PA- criminal. At this point, it is too late to In fact, I will pledge to work with all TRIOT Act and subsequent reauthoriza- prevent an act of terrorism from occur- groups and supporters of the second tions does not include authority to obtain ring. amendment, such as the National Rifle certain firearms records) It does not make any sense to allow Association, to ensure that PATRIOT At the appropriate place, insert the fol- criminal investigators access to fire- Act authorities are not used to cir- lowing: arms records but prohibit terrorism in- cumvent existing prohibitions on ob- SEC. ll. FIREARMS RECORDS. vestigators the same access. That sce- taining U.S. citizen gun records. I sup- Nothing in the USA PATRIOT Act (Public Law 107–56; 115 Stat. 272), the USA PATRIOT port the goal Senator PAUL is trying to nario is why we in Congress acted to Improvement and Reauthorization Act of amend the law following 9/11. This is achieve, namely protecting the con- 2005 (Public Law 109–177; 120 Stat. 192), the simply another attempt to rebuild ‘‘the stitutional rights of all gun owners. USA PATRIOT Act Additional Reauthor- wall’’ between intelligence and crimi- However, his amendment goes too far. izing Amendments Act of 2006 (Public Law nal law that caused the failure con- I urge my colleagues to oppose 109–178; 120 Stat. 278), or an amendment made necting the dots prior to 9/11. amendment 363 and support a clean ex- by any such Act shall authorize the inves- Remember, these sorts of records are tension of the expiring PATRIOT Act tigation or procurement of firearms records crucial to the early stages of a terror authorities. which is not authorized under chapter 44 of investigation. It allows the govern- Mr. REID. Madam President, al- title 18, United States Code ment to connect the dots. This author- though the PATRIOT Act is not a per- AMENDMENT NO. 365 ity can only be used with prior ap- fect law, it provides our intelligence (Purpose: To limit suspicious activity re- proval from a Senate-confirmed, life- and law enforcement communities with porting requirements to requests from law crucial tools to keep our homeland safe enforcement agencies, and for other pur- time-appointed, independent, article 3, poses) Federal district court judge. I am not and thwart terrorism. While I am dis- appointed we were not able to include At the appropriate place, insert the fol- sure how many more times I need to lowing: any of the sensible oversight and civil repeat the fact, that records are only SEC. ll. SUSPICIOUS ACTIVITY REPORTS. provided after judicial review. liberties protections included in the Section 5318(g)(1) of title 31, United States Those who claim that there are no bill reported by the Judiciary Com- Code, is amended by inserting before the pe- controls have not read or have not un- mittee with bipartisan support, I riod at the end the following: ‘‘, but only derstood the law. strongly support the Senate’s effort to upon request of an appropriate law enforce- I trust an independent judge who can, ensure that these important authori- ment agency to such institution or person and will, say no if legal requirements ties do not expire. for such report’’. are not met, if a request appears to The raid that killed Osama bin Laden Mr. REID. Madam President, I move over-reach, or if the law does not allow also yielded an enormous amount of to table amendment No. 363 and ask for it. new information that has spurred doz- the yeas and nays. Judicial review is one very important ens of investigations yielding new leads The PRESIDING OFFICER. Is there a safeguard in place every time a section every day. Without the PATRIOT Act, sufficient second? 215 order is requested, which is the tool investigators would not have the tools There appears to be a sufficient sec- to request firearms records. This safe- they need to follow these new leads and ond. guard is over and above those that disrupt terrorist plots, putting our na- The question is on agreeing to the exist in criminal cases. A vote for the tional security at risk. motion. Paul amendment is a vote to take Finally, we have worked expedi- Mr. REID. Madam President, I am away this judicial review. tiously to pass this legislation to reau- not sure I was heard earlier. I ask No judge reviews a grand jury sub- thorize these critical intelligence unanimous consent that this vote be 15 poena before it is issued. Yet, in more tools. If for some reason this bill is not minutes and the rest 10 minutes. serious, national security cases, to ob- enacted before May 27 and there is a The PRESIDING OFFICER. Without tain firearms records, a judge must ap- brief lapse in the authorities, there objection, it is so ordered. prove the request and issue an order. should be no doubt that it is Congress’s The clerk will call the roll.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3401 The legislative clerk called the roll. BLUMENTHAL), the Senator from New The PRESIDING OFFICER (Mr. Mr. DURBIN. I announce that the Jersey (Mr. MENENDEZ), and the Sen- FRANKEN). Are there any Senators in Senator from Connecticut (Mr. ator from New York (Mr. SCHUMER) are the Chamber desiring to vote? BLUMENTHAL), the Senator from New necessarily absent. The result was announced—yeas 72, Jersey (Mr. MENENDEZ), and the Sen- I further announce that, if present nays 23, as follows: ator from New York (Mr. SCHUMER) are and voting, the Senator from New Jer- [Rollcall Vote No. 84 Leg.] necessarily absent. sey (Mr. MENENDEZ) and the Senator YEAS—72 I further announce that, if present from New York (Mr. SCHUMER) would and voting, the Senator from New Jer- each vote ‘‘yea.’’ Alexander Gillibrand McCaskill sey (Mr. MENENDEZ) and the Senator Ayotte Graham McConnell Mr. KYL. The following Senators are Barrasso Grassley Mikulski from New York (Mr. SCHUMER) would necessarily absent: the Senator from Bennet Hagan Moran each vote ‘‘yea.’’ Kansas (Mr. ROBERTS) and the Senator Blunt Hatch Nelson (NE) Mr. KYL. The following Senators are from Florida (Mr. RUBIO). Boozman Hoeven Nelson (FL) necessarily absent: the Senator from Boxer Hutchison Portman The PRESIDING OFFICER. Are there Brown (MA) Inhofe Pryor Kansas (Mr. ROBERTS) and the Senator any other Senators in the Chamber de- Burr Inouye Reed from Florida (Mr. RUBIO). siring to vote? Cardin Isakson Reid The PRESIDING OFFICER. Are there The result was announced—yeas 91, Carper Johanns Risch any other Senators in the Chamber de- nays 4, as follows: Casey Johnson (SD) Rockefeller siring to vote? Chambliss Johnson (WI) Sessions The result was announced—yeas 85, [Rollcall Vote No. 83 Leg.] Coats Kerry Shaheen YEAS—91 Coburn Kirk Shelby nays 10, as follows: Cochran Klobuchar Snowe [Rollcall Vote No. 82 Leg.] Akaka Franken Mikulski Collins Kohl Stabenow YEAS—85 Alexander Gillibrand Moran Conrad Kyl Thune Ayotte Graham Murkowski Corker Landrieu Toomey Akaka Gillibrand Merkley Barrasso Grassley Murray Cornyn Levin Vitter Alexander Graham Mikulski Baucus Hagan Nelson (NE) Crapo Lieberman Warner Ayotte Grassley Murkowski Begich Harkin Nelson (FL) DeMint Lugar Webb Begich Hagan Murray Bennet Hatch Portman Enzi Manchin Whitehouse Bennet Harkin Nelson (NE) Bingaman Hoeven Pryor Feinstein McCain Wicker Bingaman Hatch Blunt Hutchison Nelson (FL) Reed Blunt Hoeven Boozman Inhofe NAYS—23 Portman Reid Boozman Hutchison Boxer Inouye Pryor Akaka Franken Murray Boxer Inhofe Brown (MA) Isakson Risch Reed Baucus Harkin Paul Brown (MA) Inouye Brown (OH) Johanns Rockefeller Reid Begich Heller Sanders Brown (OH) Isakson Burr Johnson (SD) Sanders Risch Bingaman Lautenberg Burr Johanns Cantwell Johnson (WI) Sessions Tester Rockefeller Brown (OH) Leahy Cantwell Johnson (SD) Cardin Kerry Shaheen Udall (CO) Sanders Cantwell Lee Cardin Johnson (WI) Carper Kirk Shelby Udall (NM) Sessions Coons Merkley Carper Kerry Casey Klobuchar Snowe Wyden Durbin Murkowski Casey Kirk Shaheen Chambliss Kohl Stabenow Snowe Chambliss Klobuchar Coats Kyl Tester NOT VOTING—5 Coats Kohl Stabenow Coburn Landrieu Thune Blumenthal Roberts Schumer Coburn Kyl Thune Cochran Lautenberg Toomey Menendez Rubio Cochran Landrieu Toomey Collins Leahy Udall (CO) Collins Lautenberg Udall (CO) Conrad Levin Udall (NM) Conrad Leahy The motion was agreed to. Udall (NM) Coons Lieberman Vitter Coons Levin VOTE EXPLANATION Vitter Corker Lugar Warner Corker Lieberman Cornyn Warner Manchin Webb Mr. MENENDEZ. Mr. President, I Cornyn Lugar Crapo McCain Webb Whitehouse was unavoidably detained for rollcall Crapo Manchin Whitehouse Durbin McCaskill Durbin Wicker McCain Wicker Enzi McConnell vote No. 82, a vote on the motion to Feinstein McCaskill Wyden Wyden Feinstein Merkley table the Paul amendment No. 363 re- Franken McConnell NAYS—4 lated to firearm records. Had I been NAYS—10 DeMint Lee present, I would have voted ‘‘yea’’ to Barrasso Heller Shelby Heller Paul the motion to table the amendment. Baucus Lee Tester Mr. President, I was also unavoidably DeMint Moran NOT VOTING—5 detained for rollcall vote No. 83, a vote Enzi Paul Blumenthal Roberts Schumer NOT VOTING—5 Menendez Rubio on the motion to table the Paul amend- ment No. 365 related to suspicious ac- Blumenthal Roberts Schumer The PRESIDING OFFICER. Under Menendez Rubio tivity reports. Had I been present, I the previous order, 60 votes not having would have voted ‘‘yea’’ to the motion The PRESIDING OFFICER. On this been cast in opposition to the motion to table the amendment. vote, the yeas are 85, the nays are 10. to table, the amendment is withdrawn. Mr. President, further I was unavoid- Under the previous order, 60 votes not Under the previous order, amend- ably detained for rollcall vote No. 84, having been cast in opposition to the ment No. 348 is withdrawn. motion to table, the amendment is All postcloture time is yielded back. adoption of the motion to concur in the withdrawn. The question is on agreeing to the House amendment to S. 990 with the The majority leader. motion to concur with amendment No. Reid amendment #347, PATRIOT Act AMENDMENT NO. 365 347 to the House amendment to S. 990. extension. Had I been present, I would Mr. REID. Is amendment No. 365 The yeas and nays have been ordered, have voted ‘‘yea.’’ pending? and the clerk will call the roll. Mr. BLUMENTHAL. Mr. President, I The PRESIDING OFFICER. That is The legislative clerk called the roll. was unavoidably absent during today’s the pending amendment. Mr. DURBIN. I announce that the vote to extend three expiring provi- Mr. REID. Madam President, I move Senator from Connecticut (Mr. sions of the PATRIOT ACT, due to my to table the pending Paul amendment BLUMENTHAL), the Senator from New son’s college graduation. I voted to ex- No. 365, and I ask for the yeas and Jersey (Mr. MENENDEZ), and the Sen- tend these provisions earlier this year nays. ator from New York (Mr. SCHUMER), when this legislation was before the The PRESIDING OFFICER. Is there a are necessarily absent. Senate Judiciary Committee. Had I sufficient second? I further announce that, if present been able to attend today’s vote, I There appears to be a sufficient sec- and voting, the Senator from New Jer- would have voted again with the ma- ond. jority to extend these provisions. The question is on agreeing to the sey (Mr. MENENDEZ) and the Senator motion. from New York (Mr. SCHUMER) would Additionally, I would have voted to The clerk will call the roll. each vote ‘‘yea.’’ table amendment No. 363, which would The assistant legislative clerk called Mr. KYL. The following Senators are have prohibited the use of any PA- the roll. necessarily absent: the Senator from TRIOT Act authorities to investigate Mr. DURBIN. I announce that the Kansas (Mr. ROBERTS) and the senator or procure records relating to firearms. Senator from Connecticut (Mr. from Florida (Mr. RUBIO). I would also have voted to table

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3402 CONGRESSIONAL RECORD — SENATE May 26, 2011 amendment No. 365, which would have is 1 in 5 of our Nation’s heroes who can- visit with one of my true heroes, Ben- sharply curtailed existing rules that not find a job to support their family jamin Netanyahu, who was here and help the Treasury track the financial and who do not have an income to pro- graced us with his presence this week. activities of terrorists. vide the stability that is so critical to Last March, I was in Jerusalem, had The PRESIDING OFFICER. The ma- their transition home. some quality time with him, and we jority leader. That is exactly why earlier this kind of relived the experiences we have Mr. REID. Mr. President, there will month I introduced the Hiring Heroes had in the past when he was Prime be no more votes today. That was the Act of 2011, which is now cosponsored Minister before. That was back in the last vote for this week. We will have a by 17 Senators and has garnered bipar- middle 1990s. I had a chance to talk to vote on the Monday we get back in the tisan support. This legislation will him. As I recall, his concern at that evening at around 5 o’clock. rethink the way we support our men time—what he said at that time—two f and women in uniform when they come major concerns. One is, what is hap- home to look for a job. pening in Iran, and then, of course, MORNING BUSINESS I introduced this critical legislation making sure that the land in Israel Mr. REID. Mr. President, I ask unan- because I have heard firsthand from so right now will stay there. imous consent that the Senate proceed many veterans that we have not done Recently, I had a chance to visit with to a period of morning business until 8 enough to provide them with the sup- him again. I was quite surprised when p.m. tonight, with Senators permitted port they need to find work. he came here and he was met with this to speak for up to 10 minutes each; fur- I have heard from medics who return suggestion that things are going to ther, that Senator MURRAY now be rec- home from treating battlefield wounds change and that maybe we would en- ognized to speak for 4 minutes, and fol- who cannot get certification to be an courage Israel to go back to their 1967 lowing her remarks, Senator INHOFE be EMT or drive an ambulance. I have borders. recognized until 6:15 p.m., Senator heard from veterans who tell me they I can assure you that we will do ev- DURBIN then be recognized for up to 10 no longer write that they are a veteran erything we can to keep that from hap- minutes, and following that Senator on their resume because they fear the pening. I want to make sure we get the COBURN be recognized for up to 45 min- stigma they believe employers attach message out there, that this may be utes. to the invisible wounds of war. President Obama talking, it is not the The PRESIDING OFFICER. Is there These stories are heartbreaking and majority of people in America, as was objection? they are frustrating. But more than witnessed by the 30 standing ovations Mr. REID. I think that may get us anything, they are a reminder that we that Prime Minister Netanyahu got in past 8 o’clock. I have not done the have to act now. his joint speech. math but however long that takes. My legislation will allow our service- It sounded familiar when we are talk- The PRESIDING OFFICER. Without members to capitalize on their service. ing about this, about the land. I re- objection, it is so ordered. For the first time, it will require broad membered that it was 10 years ago—10 The Senator from Washington. job skills training for anyone leaving years ago right now, 2001—that I made f the military as part of the military’s a speech, and it jogged my memory when I heard the President talking MEMORIAL DAY Transition Assistance Program. Today, over one-third of those leaving the about going back to the 1967 borders. Mrs. MURRAY. Mr. President, I come Army do not get any of that training. So I dug up that speech. I found it, and to the floor to honor and commemorate My bill will also require the Depart- I found that it is so appropriate today. the men and women who died fighting ment of Labor to take a hard look at This was a speech, by the way—the for our great country. what military skills and training research done for this speech was done Memorial Day is a day to honor those should be translatable into the civilian by a guy named Willie George. He was American heroes who made the ulti- sector and will work to make it sim- a preacher, a pastor, but a historian. I mate sacrifice for our Nation. It is be- pler to get those licenses and certifi- want to put the same perspective on cause of their sacrifice that we can cations our veterans need. this we did 10 years ago and see how safely enjoy the freedoms our great All of these are real, substantial that applies today. country offers. It is because of their steps to put our veterans to work. All First of all, I am going to do some- unmatched commitment that America of them come at a pivotal time for our thing that is unusual on the floor of can remain a beacon for democracy and economic recovery and our veterans. the Senate; that is, I am going quote freedom throughout the world. I grew up with the Vietnam war. I Ephesians 6. Listen carefully. It says: Memorial Day is a day of remem- have dedicated much of my Senate ca- For we wrestle not against flesh and brance, but it is also a day of reflec- reer helping to care for the veterans we blood, but against principalities, tion. When our brave men and women left behind that time. The mistakes we against powers, against the rulers of volunteered to protect our Nation, we made then cost our Nation and our vet- darkness of this world, against spirit promised them we would take care of erans dearly. Today, we risk repeating wickedness in high places. them and their families when they re- those mistakes. We cannot let that It is significant that we look at that, turn home. happen again. because make no mistake about it, the On this Memorial Day, we need to Our Nation’s veterans are disciplined, war that was started 10 years ago and ask ourselves: Are we doing enough for they are team players who have proven the war we are in right now, that we our Nation’s veterans? Making sure our they can deliver under pressure like no are fighting now, is first and foremost veterans can find jobs when they come one else. So let’s not let another year a spiritual war, not a political war— back home is an area where we must do and another Memorial Day go by with- never has been a political war. It is not more. out us delivering for them. about politics. It is a spiritual war. It For too long, we have been investing I yield the floor. has its roots in spiritual conflict. It is billions of dollars training our young The PRESIDING OFFICER. The Sen- a war to destroy the very fabric of our men and women to protect our Nation, ator from Oklahoma. society and the very things for which only to ignore them when they come Mr. INHOFE. Mr. President, I ask we stand. home. For too long, we have patted unanimous consent that my time that Many of the wars in history are wars them on the back and pushed them would expire at 6:15 be extended to 6:30, where people are trying to take over into the job market with no support. and other times adjusted accordingly. something another country has. That That is simply unacceptable, and it The PRESIDING OFFICER. Without is not what this is about. Not about does not meet the promise we made to objection, it is so ordered. getting mineral deposits, not about our servicemembers. f getting land from other countries. This Our hands-off approach has left us is a different war. with an unemployment rate of over 27 ISRAEL’S BORDERS It is not simple greed that motivates percent among young veterans coming Mr. INHOFE. Mr. President, a few these people to kill. One may ask, what home from Iraq and Afghanistan. That weeks ago I had the opportunity to is it about our Nation that makes

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