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

Vol. 161 WASHINGTON, MONDAY, JUNE 1, 2015 No. 86 Senate The Senate met at 12 noon and was can. On our way there, we should take the best outcome that can be reason- called to order by the President pro some commonsense steps to ensure the ably expected in this reality with tempore (Mr. HATCH). new system envisioned by that legisla- which we are confronted. That is my f tion—a system we would soon have to commitment, and I know many of my rely upon to keep our country safe— colleagues share it as well. PRAYER will, in fact, actually work. The Mr. President, I suggest the absence The Chaplain, Dr. Barry C. Black, of- amendments filed last night would help of a quorum. fered the following prayer: do just that. The PRESIDING OFFICER. The Let us pray. For example, one amendment would clerk will call the roll. God of all mercies, in whose love and ensure that there is adequate time to The bill clerk proceeded to call the wisdom lies all our hope, still our anx- build and test a system that doesn’t roll. ious hearts as we bring our weakness to yet exist. One amendment would en- Mr. BURR. Mr. President, I ask unan- Your might, our failure to Your perfec- sure that there is adequate time to imous consent that the order for the tion, and our smallness to Your great- build and test a system that doesn’t quorum call be rescinded. ness. From a world with its tragedies even exist yet. Another would require The PRESIDING OFFICER (Mr. and setbacks, we turn for this hallowed that once the new system is actually GARDNER). Without objection, it is so moment to be still and know that You built, the Director of National Intel- ordered. are God. ligence reviews it and certifies that it f Continue to sustain our lawmakers. actually works. I will say that again. Save them from the dangers that lurk The second amendment would require RESERVATION OF LEADER TIME in a flawed judgment of confused reck- that once the new system is actually The PRESIDING OFFICER (Mr. oning and a narrow outlook. Bless the built, the Director of National Intel- JOHNSON). Under the previous order, members of their staffs who labor with ligence reviews the new system and the leadership time is reserved. them to keep our Nation strong. certifies that it will actually work. f And, Lord, comfort the Biden family Amendment No. 3 would require simple MORNING BUSINESS and all those who are grieving the loss notification if the providers decide to of Beau Biden. change their data-retention policies. It The PRESIDING OFFICER. Under We pray in Your merciful Name. will just require them to notify us if the previous order, the Senate will be Amen. the providers decide to change their in a period of morning business for 1 f data-retention policies. Three amend- hour, with Senators permitted to speak ments to improve the bill. therein for up to 10 minutes each. PLEDGE OF ALLEGIANCE These fixes are common sense, and The Senator from Florida. The President pro tempore led the whatever one thinks of the proposed f Pledge of Allegiance, as follows: new system, there needs to be basic as- REMEMBERING BEAU BIDEN I pledge allegiance to the Flag of the surance that it will function as its pro- United States of America, and to the Repub- ponents say it will. The Senate should Mr. NELSON. Mr. President, I wish lic for which it stands, one nation under God, adopt these basic safeguards. to speak about the FISA bill, but be- indivisible, with liberty and justice for all. I had hoped to see committees work- fore I do, I want to express what is in f ing hard to advance bipartisan, com- every one of our hearts—our grieving promise FISA legislation this week, with the JOE BIDEN family. That family RECOGNITION OF THE MAJORITY which is why I had offered several tem- has had more than its share of tragedy, LEADER porary extensions of the existing pro- but what it has produced is, in the case The PRESIDING OFFICER (Mr. gram to allow the space for that to of Beau Biden, an extraordinary public HELLER). The majority leader is recog- occur. But these proposed short-term servant who served his country not nized. extensions were either voted down or only by elected office but by serving in f objected to, including a very narrow uniform as well. extension of some of the least con- Most of us in this Chamber know the USA FREEDOM ACT troversial tools contained within the Biden family. The dad and the now Mr. MCCONNELL. Mr. President, last program that we are considering. mom, JOE and Jill, are extraordinary night the Senate voted to advance the So this is where we are. It now falls human beings who have contributed so House-passed FISA bill. We will have a on all of us to work diligently and re- much. It is not necessarily easy to be vote on that legislation as soon as we sponsibly to get the American people in public service as long as the Vice

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

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VerDate Sep 11 2014 02:36 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.000 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3374 CONGRESSIONAL RECORD — SENATE June 1, 2015 President has been and still raise a would further urge the chairman of the Mr. BURR. Mr. President, I rise while family that is so extraordinarily ac- Intelligence Committee that as to a my good friend from Florida is on the complished and contributes so much. major flaw in the bill passed by the floor to say that I wish I could have a Then to have that eldest son taken House, which we will eventually pass magic wand with which I could collapse from him is like a dagger into our this week, we add to it a requirement this time. But as he knows, under Sen- hearts. for a certain amount of time that the ate rules, one Member can demand for So we grieve with the family. We telephone companies would have to the full 30 hours, and we are in a proc- grieve for them and with the Nation. I keep those telephone business records, ess like that. My hope is that there just wish to put that on the record. so that if there is an urgency of na- will be accommodation as we go f tional security going through the FISA through this because I think most Court, those records would be available Members would like to resolve this. NATIONAL SECURITY to the intelligence community to trace LEGISLATION Let me say specifically to his two the telephone calls of the terrorists. points that there is a substitute Mr. NELSON. Mr. President, we are That would be my recommendation, amendment that has the USA FREE- here because the Senate is not func- and I see the chairman nodding in DOM language with two additional tioning. We were here last night be- somewhat agreement. pieces. Those two pieces are a 6-month cause the Senate is not functioning. I hope we will get on. I hope better notification to NSA by any telecom Oh, it is functioning according to the hearts and minds will prevail and that company that intends to change its re- rules, which say that you have to go we can collapse this period of darkness tention program. As my good friend through this arcane procedure of clo- where there is no law governing emails, from Florida knows, in part, trying to ture on the motion to proceed and get phone calls, cell phones, et cetera, as move a bill is making sure we move a 60 votes before you can ever get to the we try to protect ourselves from the bill that can be passed and accepted by bill. Once you get to the bill, then you terrorists. the House of Representatives. Manda- file another motion for cloture. The I would hope that this would be col- tory retention right now does not meet Senate rules say that there are 30 lapsed into a much shorter time in- that threshold. But I hope they will ac- hours that have to run unless, as has stead of having to wait until late Tues- cept this requirement of notification of been typical of Senate business, there day or Wednesday or Thursday of this any change in their retention program, is comity, there is understanding, and week. as well as a DNI certification at the there is bipartisanship. But one Sen- I yield the floor. end of whatever the transition period ator can withhold unanimous consent, The PRESIDING OFFICER. The Sen- is. and that has been done—so the 30 ator from North Carolina. hours. Now, there will be a first-degree and Now, normally that may be standard f a second-degree amendment, in addi- procedure for the Senate, but it is get- ORDER OF PROCEDURE tion to that, made in order and ger- mane. The first-degree amendment will ting in the way of our national secu- Mr. BURR. Mr. President, I ask unan- be to extend the transition period to 12 rity. At midnight last night the law imous consent that all morning busi- months. So we would go from 6 that allows our intelligence commu- ness time be yielded back and the Sen- months—not to 2 years, as my col- nity to track the emails and the phone ate resume consideration of H.R. 2048. league from Florida and I would prefer, calls of the terrorists evaporated. It The PRESIDING OFFICER. Without and not to 18 but to 12. I think that is won’t be reenacted until sometime objection, it is so ordered. later this week because of the lack of a happy spot for us to agree upon. f unanimous consent. Then there will be a second-degree But this Senator from Florida is not CONCLUSION OF MORNING amendment to that to address some putting it at the feet of just the one BUSINESS language that is in the bill that makes Senator who is withholding the unani- The PRESIDING OFFICER. Morning it mandatory on the part of the Justice mous consent. This Senator from Flor- business is closed. Department that they get a panel of ida is saying that this should have been amicus individuals. What we have f planned on over a week ago. This Sen- heard from the Justice Department and ator is saying that we should have gone USA FREEDOM ACT OF 2015 gotten a recommendation on is that through the laborious procedures—not The PRESIDING OFFICER. Under that be voluntary on the part of the assuming that we were going to have the previous order, the Senate will re- courts. We will second-degree that the votes last night, not assuming that sume consideration of H.R. 2048, which first-degree amendment with that lan- there was going to have comity and the clerk will report. guage provided to us by the courts. unanimous consent. This Senator The senior assistant legislative clerk I would like to tell my colleague that thinks that we should have done this read as follows: by tomorrow afternoon, I hope, we can because of the urgency of national se- A bill (H.R. 2048) to reform the authorities have this complete and send it to the curity. of the Federal Government to require the House, and by the time we go to bed to- It is interesting that this Senator production of certain business records, con- morrow night this might all be back in from Florida comes to the floor with duct electronic surveillance, use pen reg- place. mixed feelings. I voted for the Leahy isters and trap and trace devices, and use bill, which is identical to the House other forms of information gathering for for- I remind my colleagues that any law bill, but I did that because we didn’t eign intelligence, counterterrorism, and enforcement case that was in progress have any other choice. When I had an- criminal purposes, and for other purposes. is not affected by the suspension of the other choice, I voted for Senator Pending: roving or ‘‘lone-wolf’’ provisions. They BURR’s—the chairman of the Senate In- McConnell/Burr amendment No. 1449, in are grandfathered in so those inves- telligence Committee—version, which the nature of a substitute. tigations can continue. But for the 48 was to continue existing law. I did so McConnell amendment No. 1450 (to amend- hours we might be closed, it means because I clearly thought that was in ment No. 1449), of a perfecting nature. they are going to delay the start of an the interests of our national security. McConnell amendment No. 1451 (to amend- investigation, if in fact they need those But since that is not the prevailing ment No. 1450), relating to appointment of two tools. amicus curiae. vote of the Senate, we need to get on McConnell/Burr amendment No. 1452 (to From the standpoint of the bulk data with it and pass the House bill. Then I the language proposed to be stricken by program, it means that is frozen. It would urge the chairman of the Intel- amendment No. 1449), of a perfecting nature. can’t be queried for the period of time, ligence Committee, who is on the floor, McConnell amendment No. 1453 (to amend- but it hasn’t gone away. Immediately, that—down the line—the 6-month tran- ment No. 1452), to change the enactment as we reinstitute the authorities in sitional period from the old law to the date. this program, that additional data will new law be extended with a greater The PRESIDING OFFICER. The Sen- be brought in and the process that NSA transition time to 12 or 18 months. I ator from North Carolina. would go through to query the data

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.003 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3375 would, in fact, be available to the Na- The fact is, as the chairman has just cept that individual in the United tional Security Agency only—as is cur- said, ‘‘metadata’’—a fancy term—is States who might have the intention of rent law—once a FISA Court provides nothing more than business records of carrying out some type of an attack. the authority for them to do it. the telephone company. A telephone Now, I would only say this. I don’t I think there are a lot of number is made to another telephone believe the threat level has dropped to misstatements that have been made on number on such and such a date, at a point where we can remove some of this floor. Let me just state for my col- such and such a time, for such and such the tools. If anything, the threat level leagues what is collected. What is duration. That is all. We don’t know has gotten higher, and one would think metadata? It is a telephone number, it whom the call was from or to. It is we would be talking about an expan- is a date, it is the time the call was when there is the suspicion, through sion of tools. But I accept the fact that made, and it is the duration of the other things that are authorized by this debate has gotten to a point where phone call. court order, that the analyst can get in a bulk data storage capacity within the Now, I am not sure how we have in- and open up as to what the content is government is not going to be contin- vaded anybody’s privacy by getting a in order to protect us. ued long term. telephone number that is deidentified. Would the Senator from North Caro- I would say to my good friend, who I We don’t know who it belongs to, and lina agree there is so much misunder- think agrees with me, that although I we would never know who it belongs to standing in the press, as has been re- believe 24 months is a safer transition until it is turned over to law enforce- ported, about how this is an invasion of period, hopefully our friends in the ment to investigate because it has now privacy, as if the conversations were House will see 12 months as a good been connected to a known foreign ter- the ones that were being held by the agreement between the two bodies. rorist’s telephone number. National Security Agency? Would the That 12-month agreement I think Stop and think about this. The Senator agree with that statement? would give me confidence knowing we CFPB—a government agency—collects Mr. BURR. I would agree exactly have taken care of the technology financial transactions on every Amer- with that statement. The collection needed for the telecoms to search in ican. There is nobody down here trying has nothing to do with the content of a real time their numbers. to eliminate the CFPB. I would love to call. To do that would take an inves- Now, make no mistake, this will be a eliminate the CFPB tomorrow. But tigation into an individual and an addi- delay from where we currently are. I there is no outrage over it, and they tional court process that would prob- can’t get into the classified nature of collect a ton more information that is ably be pursued by the FBI, not the how long it takes us to query a data- not deidentified. It is identified. NSA, to look at the content. base, given the way we do it, but there Every American has a discount card I think when the American people see is no question this will lengthen the for their grocery store. You go in and this thing dissected, in reality, they amount of time it takes us to connect you get a discount every time you use will see that my telephone number the dots. Therefore, for something that it. Your grocery store collects 20 times without my name isn’t really an intru- the amount of data the NSA does—all might be in an operational mode, we sion, the time the call was made really identified with you. There is a big dif- may or may not hit that. That is a con- isn’t an intrusion, the duration of the ference between the NSA and your gro- cern. But this is certainly something call really isn’t an intrusion, and now cery store: We don’t sell your data at we can go back and look at as time I know they are not collecting any- the NSA; your grocery store does. goes on. Now, I am for outrage, but let’s make thing that was said, that there is no Mr. NELSON. Mr. President, if the it equal. Let’s understand we are in a content in it and that this metadata Senator will further yield. society where data is transferred auto- base is only telephone numbers. Mr. BURR. Absolutely. matically. The fact is, No. 1, this is a There is a legitimate question the Mr. NELSON. Has the Senator heard program authorized by law, overseen American people ask: Why did we cre- many times from the press: Well, no- by the Congress—House and Senate— ate this program? Well, it was created body has come forward and shown us and the executive branch at the White in the Department of Defense. It was one case in which the holding of these House. It is a program that has never transferred over to the intelligence telephone business bulk records has had—never, never had—a privacy viola- community. The purpose of it was in paid off. Has the Senator heard that tion, not one, in the time it has been in real time to be able to search or query statement by the press? place. a massive amount of data. Mr. BURR. The Senator has heard Now, I am all for, if the American A few weeks ago, we, the United that statement by the press and has people say this is not a function we be- States, went into Syria and we got a heard it made by Members of this body. lieve government should be in—and I bad guy. And we got hard drives and we Mr. NELSON. Has the Senator come think that is what we have heard—and got telephones and we got a lot of SIM to the conclusion that with regard to we are transferring this data over to cards. Those telephone numbers now, the holding of that data and the many the telecom companies, where no hopefully—don’t know but hopefully— cases that are classified, that that data longer are there going to be a limited we are testing them in the metadata has protected this country from terror- number of people who can access that base to see if those phones talked to ists by virtue of just the example he information. We are going to open it up anybody in the United States. Why? I gave of terrorist records apprehended to the telecom companies to search it think the American people want us to in the raid in Syria a couple of weeks in some way, shape or form. Whether know if terrorists are talking to some- ago and that those telephone numbers they are trained or untrained or how body in this country. I think they real- may well be like mining gold in finding exactly they are going to do it, it is ly do want us to know that. other terrorists who want to hit us? going to delay the amount of time it What we have tried to do since 9/11 is Mr. BURR. The Senator hits on a will take us to connect a dot to an- to structure something that lives with- great point, and let me state it this other dot. in the law or a Presidential directive way. Would any Member of the Intel- Mr. NELSON. Will the Senator yield that gives us that head start in identi- ligence Committee be on the floor bat- for a question? fying who that individual is. But we tling to keep this program, if, in fact, Mr. BURR. I will be happy to yield. only do it through telephone numbers, in our oversight capacity, we had Mr. NELSON. Mr. President, this is a the date of the call, and the length of looked at a program that was abso- good example of the chairman of the the call. We don’t do it through listen- lutely worthless? Would we expend any intel committee, a Republican, and ing to content. capital to do that? The answer is, no, this Senator from Florida, a Democrat That is why I think it is healthy for we wouldn’t. and a former member of the intel com- us to have this debate. I think my good We are down here battling on the mittee, agreeing and being so frus- friend from Florida shares my frustra- floor, those of us either on the com- trated—as was just exemplified by the tion. We are changing a program that mittee or who have been on the com- Senator from North Carolina—that didn’t have a problem and didn’t need mittee since 9/11, because we have seen there is so much misunderstanding of to be changed, and we are accepting a the impact of this program. We know what this legislation does. lower threshold of our ability to inter- what it has enabled us to do and we

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.005 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3376 CONGRESSIONAL RECORD — SENATE June 1, 2015 know what happens when we get a In addition to that, there will be two sion who disdain that approach to jour- trove of technology in our hands that other amendments. The first will deal nalism, but I doubt they will ever be as gives us the ability to see whether it with expanding the transition period good at the job as Bob Schieffer was. was tied to somebody—whether we from the current 6 months in the USA He looked to get answers to questions knew about them or we didn’t. FREEDOM bill to 12 months. Again, I the public had a right and a need to The fact is, when you have groups would have preferred 24 months. We have answered. He was dogged in pur- such as ISIL today, that are saying on have settled on 12 months. The last suit of those answers, and more often social media: Don’t come to Syria, stay thing is that it would change the cur- than not he succeeded. But he wasn’t in the United States, stay in Europe, rent amicus language in the bill to re- sarcastic or cynical. He wasn’t rude. He go buy a gun, here are 100 law enforce- flect something provided to us by the didn’t show off. He didn’t do ‘‘gotcha’’ ment officers, here are 100 military courts. It was the court’s recommenda- journalism. He was fair, he was honest, folks, that is how you can carry out tion that we change it. This would be and he was very good at his job. He the jihad, it makes the use of the tool easier to fit within a program that has asked good questions, and he kept ask- we are talking about even more impor- a time sensitivity to it. ing them until he got answers. He was tant because no longer do we get to So as we go through the debate determined to get at the truth not for look at no-fly lists, no longer do we get today, as we go through tomorrow, the sake of one-upping you or embar- to look at individuals who have trav- hopefully we will have three amend- rassing you but because that was a eled or who intend to travel to Syria. ments that pass, and we can report this journalist’s responsibility in a free so- It is individuals who grew up in neigh- bill out shortly after lunch tomorrow if ciety. If he caught someone being eva- borhoods that we never worried about. everything works well. sive or dishonest or pompous, he would And the only way we will be able to With that, I yield the floor. persist long enough for them to expose find out about them is if we connect The PRESIDING OFFICER. The Sen- themselves. He didn’t yell or talk over the conversation they have had or just ator from Arizona. them or insult them. He didn’t need to. the fact that a conversation took Mr. MCCAIN. Mr. President, I ask I don’t know how he votes. Most peo- place, and then law enforcement can unanimous consent to address the Sen- ple in his profession have political begin to peel the onion back with the ate as in morning business. views to the left of my party, and it proper authorities—the proper court The PRESIDING OFFICER. Without wouldn’t surprise me if Bob does, too. order—to begin to look at whether this objection, it is so ordered. Almost all reporters claim they keep is a person we need to worry about. TRIBUTE TO BOB SCHIEFFER their personal views out of their re- The Senator from Florida is 100 per- Mr. MCCAIN. Mr. President, I wish to porting, but not many do it success- cent correct that this is invaluable to pay tribute today to CBS broadcaster fully, be they liberal or conservative. the overall defense of this country. Bob Schieffer, who retired yesterday as The best do, and Bob Schieffer is the Mr. NELSON. Mr. President, if the the moderator of the most watched best. I never once felt I had been treat- Senator will further yield, and I will Sunday news show, ‘‘Face the Nation,’’ ed unfairly by him because he dis- conclude with this. after a career in journalism that lasted agreed with me. I think most Repub- The American people need to under- more than half a century. Bob reported licans Bob interviewed would say the stand there is so much agreement be- from Dallas that terrible weekend same. hind the closed doors on the Intel- President Kennedy was assassinated. ligence Committee, as they are in- At that time, he was with the Fort He moderated Presidential debates vested with the oversight of what is Worth Star Telegram. He was CBS’s without receiving any criticism—or at going on in order to protect our blessed Pentagon correspondent, congressional least any deserved criticism—for load- country. My plea now is we would get correspondent, White House cor- ing his questions with his own views or to the point that as the chairman has respondent, and chief Washington cor- mediating exchanges between can- suggested, even by waiting until to- respondent. He anchored the ‘‘CBS didates to favor one over the other. He morrow, we can collapse this time and Evening News’’ at a time of transition was the model of a successful moder- get on to passing this by sending down and turmoil at the network. For 24 ator, intent on informing the elec- some minor modifications to the House years he moderated ‘‘Face the Nation,’’ torate, not drawing attention to him- that they can accept, then get it to the which became more popular every year self. That is not to say he didn’t make President so this important program Bob ran the show. He tried to retire be- an impression on his audience. He did. that tries to protect us from terrorists fore, several times. CBS begged him to He impressed them, as he always did, can continue. stay. That is an impressive run by any- with his fairness, his honesty, and his I thank the Senator for yielding. restraint. Mr. BURR. I thank my good friend one’s standards, all the more so consid- It is no secret that I have made an from Florida for his willingness to ering Bob is probably the most re- occasional appearance on a Sunday come to the floor and talk facts. spected and popular reporter in the I see my good friend from Arizona country. morning show. No doubt I have enjoyed here. Before I yield, let me just restate Familiarity might not always breed those experiences more than some of what the Senator from Florida asked contempt, but it is certainly not a my colleagues have enjoyed watching me, which was, geez, we need a longer guarantee of enduring public admira- them. Some people might think I transition period and we need some- tion—except in Bob’s case. The public’s should take up golf or find something thing addressed on the data that is regard for Bob Schieffer never seemed else to do with my Sunday mornings. I held. to waver or even level off. He grew in may have to now that Bob has retired. I say for my colleagues that there stature the longer his career lasted. I have appeared on ‘‘Face the Na- will be three votes at some point. One Not many of us can say that. The se- tion’’ over 100 times—more than any will be on a substitute amendment. It cret to his success, I suspect, is pretty other guest. I acknowledge there are has the exact same language as the simple: Americans just like Bob viewers who would prefer to see some- USA FREEDOM bill. It makes two Schieffer. They like him a lot and trust one else claim that distinction. Too changes to the USA FREEDOM bill. It him. That is pretty rare in his profes- bad. I have the record, and I think I has a requirement that the telecoms sion, which, like ours, has fallen pre- will have it for a while. I am kidding— notify the government 6 months in ad- cipitously in recent years in the es- sort of. But I am not kidding about my vance of any change in the retention teem of the American people. I think it appreciation for Bob Schieffer and the program for their data, which I think is attributable to the personal and pro- opportunity he gave me and everyone is very reasonable. The second would fessional values he honestly and seem- who appeared on his show to commu- be that it requires the Director of Na- ingly effortlessly represented, old-fash- nicate our views on issues without a tional Intelligence to certify, on what- ioned values that in this modern com- third party editing or misconstruing ever the transition date is, that the munications age make him stand out. them and to have those views tested by software that needs to be provided to Bob is courteous and respectful to a capable, probing, and fair inter- the telecoms has been provided so that the people he reports on and inter- viewer, which Bob Schieffer certainly search can go through. views. There are people in his profes- was.

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.006 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3377 He is something else, too, in addition he made, first as attorney general in another test of a great family, the to being a very good and very fair re- Delaware and then in his service with Biden family, a test which I am sure porter. He is a good guy. And there are the Delaware National Guard, actually they will pass and endure, not without never enough of those around. I am being posted overseas in harm’s way a hole in their hearts for the loss of going to miss spending the occasional and earning a Bronze Star for the ex- this great young man but with a grow- Sunday morning with him. traordinary service he gave to our ing strength that brings them together Mr. President, I suggest the absence country. That is why his loss is felt on and inspires the rest of us to remember of a quorum. so many different levels. This life was the real priorities in life—love of fam- The PRESIDING OFFICER. The cut short—a life which could have led ily and love of those who need a caring clerk will call the roll. to so many great things in public serv- heart at an important moment. The legislative clerk proceeded to ice beyond his service to the State of UKRAINE, LITHUANIA, AND POLAND call the roll. Delaware. But, in a way, it is a mo- Mr. President, I just returned from a Mr. DURBIN. Mr. President, I ask ment to reflect on this family, this visit to Ukraine, Lithuania, and Po- unanimous consent that the order for Biden family. land this last week. I went there to as- the quorum call be rescinded. I have been in politics for a long The PRESIDING OFFICER. Without sess the ongoing Russian threat to our time, and I have met a lot of great peo- objection, it is so ordered. friends and NATO partners in Eastern Mr. DURBIN. Mr. President, I ask ple in both political parties, extraor- Europe. What I saw was uplifting but unanimous consent to speak as in dinary people. I have never met some- deeply disturbing. morning business. one quite like Vice President JOE Most urgently is the so-called Minsk The PRESIDING OFFICER. Without BIDEN. II treaty agreement reached in Feb- objection, it is so ordered. A friend of mine, a colleague from Il- ruary between Russia, Ukraine, Ger- linois, Marty Russo, served in the U.S. REMEMBERING BEAU BIDEN many, and France to bring an end to Mr. DURBIN. Mr. President, I gath- House of Representatives for several the fighting in Eastern Europe. This ered Saturday night in Springfield, IL, decades. He was a friend of JOE BIDEN’s. agreement was supposed to end the with my wife and a group of close When Marty Russo’s son was diagnosed bloodshed in Ukraine, allow for the re- friends at the retirement party of Ann with leukemia, Marty Russo called JOE turn of prisoners, ensure a pullback of Dougherty, who served me so well here BIDEN, who was then a Senator from heavy weapons, begin preparations for in the Senate office and in the congres- Delaware. JOE BIDEN not only called local elections, and return control of sional office in Springfield. It was a Marty Russo’s son but continued to Ukraine’s borders to the Ukraine. great night with a lot of enjoyment. call and visit him on a regular basis. I am sorry to report that this agree- That was interrupted by the sad news His empathy and caring for other ment has not lived up to its promise. of the passing of Beau Biden. One of my people is so extraordinary. I don’t The blame rests squarely, and not sur- other staffers came up and said that know that there is another person prisingly, with the invading forces of Beau Biden had passed away here in quite like him in public life. The only Russia. Not only does fighting continue Washington on Saturday evening. one I can think of who rivaled him was in Ukraine on a regular basis but Reu- Beau, of course, the oldest son of Ted Kennedy, who had the same empa- ters recently reported that Russia is Vice President JOE BIDEN, had been thy. And, as I reflect on it, both of amassing troops and hundreds of pieces suffering from a serious cancer ill- them had in their lives examples of of weaponry, including mobile rocket ness—brain cancer—for some period of personal tragedy and family tragedy, launchers, tanks and artillery at a time. Most of us knew there was some- which I am sure made them more sen- makeshift base near the Ukrainian bor- thing terribly wrong when we ap- sitive to the losses and suffering of oth- der. proached the Vice President about his ers. The equipment, along with Russian son’s illness, and JOE—the Vice Presi- JOE BIDEN is the kind of person who military personnel, had identifying dent—in very hushed terms would say, does things in politics that really are marks and insignia that the Russians ‘‘Pray for him.’’ so unusual in the level of compassion tried to remove to try to hide their We knew he was in a life struggle, he shows. I can recall one time a year real culpability. At this point, perhaps but the fact that he would lose his life or two ago when we were setting out on the only people in the world who do not Saturday evening at age 46 is a per- a trip together that was canceled at believe Russia is behind the mayhem, sonal and family tragedy. It is a trag- the last minute. I called him and said: human suffering, and displacement of edy which is compounded by the ex- I am sorry we can’t go together. I had innocent people in eastern Ukraine are traordinary person Beau Biden was. hoped during the course of that trip to the Russian people who have been lied This young, 46-year-old man had ask you to make a special phone call to to over and over again about what is achieved so many things in life. First the mother of one of my staffers who actually going on with this invasion of and foremost, he had married Hallie—a was celebrating her 90th birthday. Ukraine. wonderful marriage, two beautiful chil- She was the wife of a disabled World President Putin has repeatedly lied dren. He was part of that expanded and War II veteran who had raised a large to his own people about Russian sol- warm Biden family. Irish Catholic family, the Hoolihan diers fighting in Ukraine. He has lied He was known to most people around family, and I wanted JOE BIDEN to wish to them about what started this con- America by his introduction of his fa- her a happy birthday. flict, and he has lied to them about the ther at the Democratic National Con- Well, we didn’t make the trip and I treatment of ethnic Russians outside of vention. It was not a customary polit- didn’t get a chance to hand him the Russia’s borders. Yet, as more and ical introduction; it was an introduc- phone, but he took down the informa- more Russian soldiers have been killed tion of love by a son who truly loved tion, and as soon as he hung up the in fighting, Putin has struggled to ex- his father. Beau Biden told the story of phone from talking to me, he called plain this dangerous and cynical ca- his mother’s untimely death in an auto her. nard to the families of those killed in accident with his sister and how he and He was on the phone with her for 30 the war. his brother Hunter had survived and minutes, talking about her family, his Most recently, last week, he even drew closer to their father as they grew family, and thanking her for making went so far as to make it illegal in up. such a great contribution to this coun- Russia to report war deaths—incred- Jill Biden married JOE at a later try. It is the kind of person JOE BIDEN ible. date, and the family expanded. As you is and Jill, his wife, the same. How Yet, while I was there—as if anyone watched this family in the world of pol- many times in my life and in others needed proof—two Russian soldiers itics, they were just different. They has she stepped forward to show a car- were captured deep inside of eastern were so close and loving of one another ing heart at a moment when it really, Ukraine. They had killed at least one that you knew there was an extraor- really counted. Ukrainian soldier, and when it ap- dinary bond there. The loss of Beau Biden is the loss of peared they were about to be caught— Beau Biden made his father proud a young man who was destined for even listen to this—when it appeared they and all of us proud in the contributions greater things in public life, but it is were about to be captured by the

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.007 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3378 CONGRESSIONAL RECORD — SENATE June 1, 2015 Ukrainians, they were fired upon by I was proud to see what our Nation testers were holding signs—and they their own Russian forces, an effort to has been doing in Ukraine. Under showed small groups of them—saying, kill them before they could be cap- President Obama, we have provided sig- ‘‘NATO, stop your invasion of the Bal- tured. These soldiers have disclosed nificant nonlethal supplies and assist- tics.’’ that they are in the Russian military ance to Ukraine and its military. In Well, it turns out that was a phony. and carried ample evidence on their fact, we lead the world in supporting When I went there, I got the real story. persons to support the now obvious Ukraine’s efforts to revitalize their In every town these NATO forces went truth that Russia is squarely behind economy and to strengthen their mili- through with their equipment, they perpetuating this invasion and conflict. tary. We have led that fight on estab- were welcomed like conquering heroes. Mr. Putin, if you are going to drag lishing sanctions on Russia and mak- Women were holding out flowers and your country into war to perpetuate ing sure they are not lifted until Rus- candy, and children were applauding as your own political power, you ought to sia stops this invasion. they went by, holding flags of Poland at least have the honesty to tell the In the town of Lviv, in western and of the United States. But RT, the Russian people the truth about that Ukraine, we have 300 U.S. Army per- Russia Today cable channel, was trying war, particularly those families of Rus- sonnel training Ukrainian National to twist the story and make it look as sian soldiers most affected by this con- Guardsmen. I had the privilege of if the U.S. presence there was resented, flict. Going back to the old Soviet meeting with our forces, our American when in fact it was welcomed. playbook of lies and disinformation is forces, these trainers and the trainees. The stakes here are very high. Putin an insult to the Russian families whose I must say it was amazing. is pumping Russian language incite- young men are being sent into your Now, listen, some of these Ukrainian ment into areas of Europe where ethnic war. National Guardsmen whom we are Russian populations live. He is pro- So it is clear the Minsk agreement is training had just returned from battle moting a message of victimhood and in jeopardy. It is critical that the Eu- in the eastern part of Ukraine. One had trying to justify further belligerence. ropean Union now renew its sanctions been captured by the Russians for 5 What an insult to the talented and in response to Russia’s illegal aggres- days. They had been under gunfire and proud and outstanding Russian people. sion. We in the United States should fighting in combat against the Rus- I was pleased to see that the U.S. and continue to work with our key NATO sians and their skilled military who NATO forces are maintaining regular allies to ensure that Ukraine succeeds are being sent into an area called the rotations in these frontline nations. We as a free democratic state and that Donbass. are boosting our Baltic Air Patrol to NATO members are protected against After they were relieved from that protect the airspace and working with Russian provocations—more on that in responsibility in the east, they were NATO allies to boost their own de- a moment. brought back west to this training Not everything in Ukraine is nega- fenses. camp with America’s best in terms of tive. The new government coalition is One of the most amazing things in our Army leadership. It turns out the working tirelessly to reform the nation both Lithuania and Poland was the un- basic training these Ukrainians should and provide a model of free market de- equivocal request of the governments mocracy on Russia’s borders. Perhaps have had before they went into battle in those countries for the United that is why Putin is trying so hard to was never given to them. So now, com- States to have an even larger military undermine Ukraine. Decades of corrup- ing back from battle, our soldiers were presence in those countries. They are tion, bribery, inefficiency, and bu- trying to give them the basic training worried. They want to make sure reaucracy are being tackled by this to make sure they could survive if sent NATO is there if they need it, and they new government. Security services are to battle again and bring home their think as long as the United States is being reformed. Ukrainians are start- comrades in the process. They were there, they have more confidence about ing to free themselves from the stran- deeply, deeply grateful for that train- their future. glehold of dependence on Russian nat- ing, and our men and women working I had to tell them we are having our ural gas. there to train them were so proud to be budget issues here. We are not talking Keep in mind all of this is occurring part of this effort. I commend this ef- about expanding U.S. military bases while Russia has largely destroyed a fort. I thank the President for extend- anywhere in the world at this point. key industrial section in Ukraine. Try ing America’s hand to help the Ukrain- We are trying to maintain our own to imagine rebuilding a neglected and ian military be trained so they can sur- military. It was heartwarming to think corrupted economy in the midst of vive and repel this Russian aggression. that they still believe in the United fighting a war against one of the I went on to Lithuania and Poland. It States as the one 911 number in the world’s superpowers, Russia, and losing was also clear the Russian bullying and world that you want to call if you ever key engines of a nation’s economy. aggression is not limited to Ukraine. In have a challenge. That is what the Ukrainians are up both Lithuania and Poland, these It is a dangerous and tragic state of against. They have risked so much for frontline NATO partners face a steady affairs in this part of the world. I was a better future; one that is open and stream of Russian vitriol and military glad to see it firsthand and to reassure connected to the rest of the free world. threats. Russian planes recklessly buzz those leaders in Poland, Lithuania, and Why this was and is such a threat to NATO airspace, Russian leaders make Ukraine that the United States shares Russia I will never fully understand. threats of capturing cities like Vilnius, their values and cares for their future. I will say one thing that Mr. Putin the capital of Lithuania, and dangerous What we have seen is an effort by did not count on. His invasion of missiles were moved into the Russian Putin to undermine decades of security Ukraine has unified that country in a region of Kaliningrad, bordering both arrangements in Europe while perpet- way that I could not have imagined Lithuania and Poland. All the while, a uating an insulting image of even last year. You see, there was a steady stream of sophisticated yet victimhood. He has challenged the en- question which direction Ukraine crude Russian propaganda flows from tire West and its democratic systems. would go, West or East. The people of its state-run media services. We cannot let him succeed, for Ukraine stopped the former Prime I happened to be in Berlin at an Ukraine, for NATO, even for his own Minister, Yanukovych, in his efforts to Aspen conference not that long ago— people. Despite our disagreements in move toward Moscow believing that just a few months ago—when we were Congress, I hope we can continue to their future should be in the West, but moving NATO equipment and forces in provide strong funding for support to there was divided opinion even within a parade—a scheduled parade—of our Ukraine and NATO. Ukraine until Vladimir Putin invaded. military in NATO through Poland and I met with a group of eight members At that point, the people of Ukraine re- the Baltics. There was a cable channel of the Parliament in Ukraine. Their alized their future was in the West. called RT, which stands for Russia Parliament is called the Rada. Of these They looked to the West, to the Euro- Today, that was broadcasting what eight members, at least six of them— pean Union, to America, not only for they called protesters protesting the maybe seven—were brand new to this support in this conflict but for inspira- presence of NATO soldiers and equip- business. They had come out of the tion as to what their future may hold. ment. RT reported that these pro- protests in the Maidan—which is a

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.009 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3379 large square in downtown Kiev, people who drafted our Constitution the data. I think that is a glaring Ukraine—where the protesters had were geniuses and every word counts. weakness in the USA FREEDOM Act, ousted the former government, in- The word was ‘‘unreasonable.’’ So there and, in fact, it led me to vote against stalled a new government, and risked is no absolute right to privacy, just as the consideration of the motion to pro- their lives to do it. Some lost their there is no absolute right to national ceed when it came up last week. lives in the process. There were so security. We have to try to find the Today or tomorrow—whenever the many of those young people sitting right balance, and that is what we have timing works out—there will be a se- across the table from me who 6 or 8 to do year in and year out, decade in ries of amendments proposed by the months ago had nothing to do with pol- and decade out, in relation to develop- Senator from North Carolina, the chair itics. They had jobs and they were art- ments in technology and developments of the Intelligence Committee, de- ists and they were involved in their in terms of the threats which we face. signed to deal with several of these community, but they were so inspired It is a calibration that we have to con- technical but very important aspects of by what they saw in the Maidan that tinue to try to make. this program. One of those amend- they decided to run for Parliament. Now, I have been concerned, as a ments would require the carriers—if Now these young people are tackling member of the Intelligence Committee, they decide to hold the data for a the toughest issues that any govern- about the retention of large quantities shorter period of time—to notify the ment can tackle: ending the corrup- of telephone data by the government. I government, notify the Congress, and tion, reforming their government, sav- think the program under which that we could then make a decision as to ing their economy, fighting the Rus- data has been analyzed is important, whether we thought that some addi- sians on the eastern border. and I will talk about that in a few min- tional required period of retention It humbled me in a way. I have given utes. I share the concern of many in would be necessary in order to ade- so much of my life to Congress and the this body who feel that simply having quately protect our national security. legislative process, and I thought how and retaining all of that information in Another amendment that I understand many times we find ourselves tied up government computers, even though it is going to be proposed is that the tran- in knots, just as we are today, with lit- was hedged about with various protec- sition period from the current program tle or nothing happening on this floor tions and even though there were re- to the private carriers holding the data of the U.S. Senate when there are so quirements for how it was to be will be extended from 6 months to 1 many challenges we face across this accessed—and the level of attention to year, simply because this is a major, Nation. I thought about them, sitting the detail of that access was impor- Herculean technical task to develop in Kiev not knowing if tomorrow or the tant—and there is no evidence that it the software to be sure that this infor- day after or a week after they would had ever been abused, was a danger to mation will be available for national have to face an invasion of the Rus- the liberty of our country. I feel the security purposes on a timely basis. sians coming across their country try- same as many of the Members of this Now, the final question, and the one ing to capture it. Yet they have the body who have expressed that concern. we have been debating and discussing courage and determination to press on, Therefore, the USA FREEDOM Act, here is this: Is it an important pro- to try to build a better country for the which we have before us now, proposes gram? Is it worth maintaining? There future, inspired by their own people to move to leave the data with the has been a lot of argument that if you who took to the streets to reclaim phone companies. Instead of the gov- can’t point to a specific plot that was their nation. ernment collecting and having it in the specifically foiled by this narrow provi- Well, I left with some inspiration on government’s hands, the data will be in sion, then we don’t need it at all. I my own part. I hope to encourage this the phone companies. If it is necessary don’t buy that. It is part of our na- administration to show even more sup- to access that information for national tional security toolkit. port for the Ukrainians and to make it security purposes, the government will It is interesting to talk about the clear to our NATO allies that we will have to go through the process of going history of this provision. It came into stand with them, as we have for so through the Justice Department and being shortly after September 11, be- many decades, in the pursuit of demo- the court in order to get permission to cause a gap in our security analysis cratic values. access that data. ability was identified at that time, and I yield the floor. Why shouldn’t the government sim- that was that we could not track phone The PRESIDING OFFICER (Mr. COT- ply hold it? I am a subscriber to Lord connections—not content, and I will TON). The Senator from Maine. Acton’s famous maxim that ‘‘power talk about that in a minute—between Mr. KING. Mr. President, I rise to ad- tends to corrupt, and absolute power the people who were preparing for the dress the bill before us, the USA FREE- corrupts absolutely.’’ September 11 attack. For that reason, DOM Act, and its predecessor, the PA- While the current administration or the section 215 program was invented. TRIOT Act. Before talking about the the prior administration may have no I want to stop for just a moment and specifics of those bills, I will try to ad- inclination to misuse that data, we make clear to the American people dress the historical context of what it have no idea what may come in the fu- that this program does not collect or is we are wrestling with and why it is ture, what pressures there may be, listen to or otherwise have anything to so hard. what political pressures there may be. do with the content of phone calls. What we are really trying to do in Therefore, it struck me as sensible to As I talked to people in Maine and this body this week is to balance two get it out of government’s hands. they approached me about this, they critical constitutional provisions. The The trouble I have had with the USA said: We don’t want the government first is in the preamble, which is to FREEDOM Act is that I felt it went too listening to all of our phone calls. The provide for the common defense and far in the other direction because there answer is: They don’t. This program ensure domestic tranquility. That is a was no requirement in the bill, as it does not convey and has not conveyed fundamental purpose of this govern- passed the House, that the phone com- any such authority. We are talking ment. It is a fundamental purpose of panies retain and hold the data for any about a much more narrow ability to any government—to provide for the particular period of time. They now determine whether a particular phone common defense and ensure domestic hold it, as a matter of business prac- number called another phone number, tranquility. That is national security, tice, for 18 months to 2 years, which is the duration and date of that phone and it is in the very core preamble to all that is necessary in order to have call, and that is it. the Constitution of the United States. the data available for a national secu- An example of its usefulness was at Of course, the other provisions are rity search if necessary. The problem is the Boston Marathon bombing. The found in the Bill of Rights, particularly that there is no requirement that they two brothers perpetrated that horren- in the Fourth Amendment, which talks maintain that level of retention. dous attack in Boston in April of 2013. about the rights of the people to be se- In fact, in an open hearing, one of the This program allowed the authorities cure in their persons and papers from vice presidents of one of the carriers to check their phone numbers to see if unreasonable searches and seizures. said categorically: We will not accept a they were in touch with other people in ‘‘Unreasonable’’ is a key word. The limitation on how long we have to hold the country so they could determine

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.010 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3380 CONGRESSIONAL RECORD — SENATE June 1, 2015 whether this was a nationwide plot or This is the most dangerous threat outside the country, and we wanted to whether it was simply these two guys that I think we face today. To throw see whether the connection had been in Boston. That, I will submit, is an aside a protection or a safeguard that I made, so there was direction in that important and—some would say—crit- believe passes constitutional and legal case. But this is triggered by not just ical piece of information. It turned out muster and goes the extra mile to pro- going through the database and look- that they were acting on their own, but tect the privacy rights of Americans by ing at who Americans are calling and had there been connections with other getting this data out of the hands of trying to figure something out, it is similarly inclined people in the coun- the government and that is worthy of triggered by a known foreign terror- try at that time, that would have been the support and the active work in this ist’s telephone number, and we important information for us to know, Chamber to find that balance—the bal- searched to see whom they may have and that is the way this program is ance between the imperative, the most contacted in the United States. used. solemn responsibility we have in this Now, the FISA Court only allows this Is it absolutely critical and indispen- body, which is to provide for the com- data to be queried when there is a rea- sable in solving these cases? I don’t mon defense and ensure domestic tran- sonable articulable suspicion—or RAS, think anybody can argue that that is quility, and to protect the safety and as we call it—based on specific facts; the case. Is it important and useful as security of the people of this country that the basis for the query is associ- a part of the national security toolkit? in light of the constitutional limita- ated with a foreign terrorist or ter- Yes, particularly when the invasion of tions in the Bill of Rights that protect rorist organization. If the NSA can’t privacy, if you will, is so limited and our individual liberties that make us make that case to the courts, that RAS really so narrowly defined. I liken it to who we are—we can do both things. is never authorized to go forward. The a notebook that a police officer carries There is never going to be a final an- NSA is not searching through records at the scene of a crime. A detective to see whom ordinary Americans are goes to the scene of a crime, takes out swer to this question. But what we calling; they are only looking for the his notebook, and writes some notes. If have to do is just what we are doing terrorist links based upon the connec- we said that detectives can no longer this week, and that is to assess the tion to a phone number known to be a carry notebooks, would it eliminate threats, assess the technology develop- law enforcement’s ability to solve ments, and try to find the right cali- terrorist phone number. Now, my good friend, the Senator crimes? No, but would it limit a tool bration and the right balance that will from Maine, spoke about the Boston that was helpful to them in solving allow us to meet that most solemn of bombings. Let me go back to some that crime or another crime? The an- our responsibilities. swer, I think, would be yes. I look forward, hopefully, to the con- comments the Director of the FBI, Di- We should not take a tool away that sideration of amendments later either rector Mueller, made earlier last year. is useful and important unless there is today or tomorrow and look forward to He testified in the House that had the some compelling argument on the what I hope will be a quick passage of program been in place before Sep- other side. Since we are not talking this legislation in the next 24 to 48 tember 11, 2001, those attacks might about the content of the phone con- hours so we can look our constituents have been derailed. Why? Well, accord- versations—we are simply talking and the people of this country in the ing to the Director of the FBI, before 9/ about which number called which other eyes and say: We took the responsi- 11, the intelligence community lost number, and it can only be accessed bility to protect your security seri- track of al-Mihdhar. Al-Mihdhar was through a process that involves the ously, and we also took seriously your one of the two who lived in San Diego, Justice Department and then permis- rights, your liberty, and your under- and he was tied to a terrorist group in sion from the court—I think it is a pro- standing that the government is not Yemen. We lost track of al-Mihdhar, gram that is worthy of protection and going to impinge unreasonably in any but we knew the terrorist organization useful to this country, and I think it is way in violation of the principles of in Yemen. So if we would have had this particularly important now. this Constitution. program in place, we could have tar- It is ironic that we are talking about, I yield the floor. geted the telephone numbers out of the in effect, unilaterally disarming to this The PRESIDING OFFICER. The Sen- cell in Yemen to see if they were con- extent at a time when the threat to ator from North Carolina. tacting anybody in the United States— this country has never been greater Mr. BURR. Mr. President, I thank my and they were contacting al-Mihdhar— and the nature of the threat is chang- good friend, the Senator from Maine, a and we could have put the connection ing. September 11 is what I would call committed member of the Committee together and found al-Mihdhar after we terrorism 1.0, a plot that was hatched on Intelligence, and one who has been lost him in flight to the United States. abroad. The people who perpetrated it vitally involved in the oversight of sec- I think Director Mueller said we saw were smuggled into the country in var- tion 215. on 9/11 what happens when the right in- ious ways. They had a specific target I think what has been left out of the formation is not put together. If this and a specific plot that they were debate is that 15 Members of the U.S. program had been in place, then it working on. That is terrorism 1.0, Sep- Senate have actively carried out over- could have provided the necessary link tember 11. Terrorism 2.0 is a plot that sight. This is probably one of the most between the safe house in Yemen and is hatched abroad but communicated looked at programs that exists within al-Mihdhar in San Diego. directly to people in the United States the jurisdiction of the Intelligence For those who claim this program who are part of the jihadist group. But Committee. There are a couple more served no purpose prior to 9/11, here is now we are on to terrorism 3.0, which is that probably get more constant atten- the Director of the FBI saying it would ISIS sending out what amounts to a tion, but this is not a program that is have. Then we have the Boston Mara- terrorist APB to no particular person used that frequently. I think that is thon bombing, and the program told us but to anyone in this country who has the key point. there was no terrorist link. been radicalized by themselves or by I wish to reiterate some of the issues Then we come to the 2009 New York the Internet. There is no direct connec- Senator KING brought up. We are not City subway bombing plot. In early tion between them and ISIS. It might listening to people’s phone calls. There September 2009, while monitoring the be a Facebook post. That person then is no content collected. activities of an Al Qaeda terrorist takes up arms and tries to kill Ameri- This program expired last night at group in Pakistan, NSA noted contact cans, and that is what their intent is. midnight. That means the database from an individual in the United States That is the hardest situation for us to cannot be queried, regardless of if we who the FBI subsequently identified as counteract, and that is a situation find a terrorist telephone number. I Colorado-based Najibullah Zazi. Sec- where this ability to track numbers think it is important to remind my col- tion 215 provided important lead infor- calling numbers can be extremely use- leagues and the American people that mation that helped thwart this plot. ful. In fact, it might be the only useful this is all triggered by a nonterrorist I wish to say this one more time to tool because we are not going to have number outside of the United States. my colleagues: This program works. It the kind of specific plotting that we Now, in the case of the Tsarnaev has worked. It has stopped attacks be- have seen in the past. brothers, we had the telephone number cause we have been able to identify an

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.012 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3381 individual before they carried out the the court language. I will get into that A bill (S. 246) to establish the Alyce Spot- attack. in a little while. The current bill says ted Bear and Walter Soboleff Commission on Now, the threshold for my colleagues the courts shall—‘‘shall’’ means they Native Children, and for other purposes. who say this program has not served will do it. The administrator of the There being no objection, the Senate any useful purpose, meaning we have court has provided us with language proceeded to consider the bill, S. 184. to have an attack to be able to prove that they think will allow the court There being no objection, the Senate we thwarted an attack—that is not the flexibility, when they need a friend proceeded to consider the bill, S. 246, why we have this program in place. We of the court, to solicit a friend of the which had been reported from the Com- are trying to get ahead of the terrorist court in FISA Court but not require mittee on Indian Affairs, with an act. In the case of the subway bomb- them, with the word ‘‘shall,’’ to always amendment to strike all after the en- ings in New York, we did that in 2009. have a friend of the court. acting clause and insert in lieu thereof There was a Chicago terrorist inves- Again, I think, as my good friend the following: tigation in 2009. David Coleman from Maine knows, the process we go S. 246 Headley, a Chicago businessman and through in section 215 through the SECTION 1. SHORT TITLE. dual U.S. and Pakistan citizen, was ar- FISA Court in many cases is an accel- This Act may be cited as the ‘‘Alyce Spotted rested by the FBI as he tried to depart erated process. Any delay can defeat Bear and Walter Soboleff Commission on Native Chicago O’Hare Airport to go to Eu- the purpose of what we are doing; that Children Act’’. rope. At the time of his arrest, Headley is, trying to be in front of an attack SEC. 2. FINDINGS. and his colleagues, at the behest of Al versus in the back of an attack. I say Congress finds that— Qaeda, were plotting to attack the one last time for my colleagues, NSA, (1) the United States has a distinct legal, trea- Danish newspaper that published the under the metadata program, collects a ty, and trust obligation to provide for the edu- unflattering cartoons of Prophet Mo- few things: They collect the telephone cation, health care, safety, social welfare, and other needs of Native children; hammed. Section 215 metadata anal- number, they collect a date, they col- (2) chronic underfunding of Federal programs ysis was used along with other FBI au- lect the duration of time that the call to fulfill the longstanding Federal trust obliga- thorities to investigate Headley’s over- took place. They don’t get content. tion has resulted in limited access to critical seas associates and their involvement They don’t get the person’s name. They services for the more than 2,100,000 Native chil- in Headley’s activities. have no idea whose number it is. Were dren under the age of 24 living in the United I am not sure how it gets any clearer they to tie a domestic number to a for- States; than this. We have an individual who is eign terrorist number, that then goes (3) Native children are the most at-risk popu- radicalized, who intends to carry out directly to the FBI because they say to lation in the United States, confronting serious disparities in education, health, and safety, an act, who has overseas connections the Bureau: We have a suspicious with 37 percent living in poverty; that we never would have understood American because they have commu- (4) 17 percent of Native children have no without section 215. I think that as my nicated with a terrorist, at which time health insurance coverage, and child mortality good friend from Maine knows, when it is out of the 215 program for the pur- has increased 15 percent among Native children we connect one dot, typically it leads poses of investigation of the individual. aged 1 to 14, while the overall rate of child mor- to another dot and that leads to an- If there was ever a need to find out tality in the United States decreased by 9 per- other dot. To say to law enforcement, whose telephone number it was or if cent; to say to our intelligence community (5) suicide is the second leading cause of there was a need to see content, that death in Native children aged 15 through 24, a that we are not going to give you the would be sought by the FBI under an rate that is 2.5 times the national average, and tools to connect these dots is to basi- investigation through the normal court violence, including intentional injuries, homi- cally stand up in front of the American processes that are not part of the 215 cide, and suicide, account for 75 percent of the people and say that we are supposed to program. Section 215 is limited to a deaths of Native children aged 12 through 20; keep you safe, but we are not going to telephone number, with no identifier (6) 58 percent of 3- and 4-year-old Native chil- do that. for whose number it is, the collection dren are not attending any form of preschool, 15 So I thank my good friend, the Sen- of the date, and the duration of the percent of Native children are not in school and not working, and the graduation rate for Native ator from Maine, for his support. call. I say to my colleagues, I hope we are high school students is 50 percent; I think the Senator from Maine (7) 22.9 percent of Native children aged 12 and going to be able to reinstitute this pro- would agree with me. I would just as older report alcohol use, 16 percent report sub- gram shortly after lunch tomorrow. soon see the program stay at NSA, but stance dependence or abuse, 35.8 percent report Hopefully, we will be able to do it with that decision is a fait accompli. It is tobacco use, and 12.5 percent report illicit drug three amendment votes and a final pas- going to transition out. We would just use; sage vote. One will be a substitute to like to make sure we have enough time (8) Native children disproportionately enter the full bill. It has all the USA FREE- so this can seamlessly happen versus foster care at a rate more than 2.1 times the gen- DOM Act language, with two changes. an artificial date of 6 months and not eral population and have the third highest rate It would require the telecom compa- of victimization; and knowing whether it can happen. (9) there is no resource that is more vital to nies to provide 6 months’ notification I thank the Senator from Maine. the continued existence and integrity of Native of any change in the retention program Mr. President, I yield the floor. communities than Native children, and the of their company. That language was f United States has a direct interest, as trustee, in the suggestion of the Senator from protecting Native children. NATIVE AMERICAN CHILDREN’S Maine, and it works extremely well. SEC. 3. DEFINITIONS. SAFETY ACT The second piece of the substitute In this Act: amendment will deal with the certifi- (1) COMMISSION.—The term ‘‘Commission’’ cation of the Director of National In- ALYCE SPOTTED BEAR AND WAL- means the Alyce Spotted Bear and Walter Soboleff Commission on Native Children estab- telligence that we have made the tech- TER SOBOLEFF COMMISSION ON nological changes necessary for the lished by section 4. NATIVE CHILDREN ACT (2) INDIAN.—The term ‘‘Indian’’ has the mean- telecom companies to actually query Mr. HOEVEN. I ask unanimous con- ing given the term in section 4 of the Indian that data they are holding. sent that the Senate proceed to the Self-Determination and Education Assistance There will be two additional amend- consideration of the following bills en Act (25 U.S.C. 450b). ments. The first one will be to change bloc: Calendar No. 77, S. 184, and Cal- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ the transition period from 6 months to has the meaning given the term in section 4 of endar No. 79, S. 246. 12 months, and I think the Senator the Indian Self-Determination and Education The PRESIDING OFFICER. The Assistance Act (25 U.S.C. 450b). from Maine would agree with me that— clerk will report the bills by title. I would like to see it longer—anything (4) NATIVE CHILD.—The term ‘‘Native child’’ The bill clerk read as follows: means— longer than 6 months is beneficial as A bill (S. 184) to amend the Indian Child (A) an Indian child, as that term is defined in we talk about the safety and security Protection and Family Violence Prevention section 4 of the Indian Child Welfare Act of 1978 of the American people. Act to require background checks before fos- (25 U.S.C. 1903); The last amendment is the change in ter care placements are ordered in tribal (B) an Indian who is between the ages of 18 the amicus language or the friend of court proceedings, and for other purposes. and 24 years old; and

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(C) a Native Hawaiian who is not older than (B) VACANCIES.—A vacancy in the Commission (I) the use of memoranda of agreement or 24 years old. shall be filled in the manner in which the origi- interagency agreements to facilitate or improve (5) NATIVE HAWAIIAN.—The term ‘‘Native Ha- nal appointment was made. agency coordination, including the effects of ex- waiian’’ has the meaning given the term in sec- (c) OPERATION.— isting memoranda or interagency agreements on tion 7207 of the Elementary and Secondary Edu- (1) CHAIRPERSON.—Not later than 15 days program service delivery and efficiency. cation Act of 1965 (20 U.S.C. 7517). after the date on which all members of the Com- (2) COORDINATION.—In conducting the study (6) SECRETARY.—The term ‘‘Secretary’’ means mission have been appointed, the Commission under paragraph (1), the Commission shall, to the Secretary of the Interior. shall select 1 member to serve as Chairperson of the maximum extent practicable— (7) TRIBAL COLLEGE OR UNIVERSITY.—The term the Commission. (A) to avoid duplication of efforts, collaborate ‘‘Tribal College or University’’ has the meaning (2) MEETINGS.— with other workgroups focused on similar issues, given the term in section 316(b) of the Higher (A) IN GENERAL.—The Commission shall meet such as the Task Force on American Indian/ Education Act of 1965 (20 U.S.C. 1059c(b)). at the call of the Chairperson. Alaska Native Children Exposed to Violence of SEC. 4. COMMISSION ON NATIVE CHILDREN. (B) INITIAL MEETING.—The initial meeting of the Attorney General; and (a) IN GENERAL.—There is established a com- the Commission shall take place not later than (B) to improve coordination and reduce travel mission in the Office of Tribal Justice of the De- 30 days after the date described in paragraph costs, use available technology. partment of Justice, to be known as the ‘‘Alyce (1). (3) RECOMMENDATIONS.—Taking into consid- Spotted Bear and Walter Soboleff Commission (3) QUORUM.—A majority of the members of eration the results of the study under paragraph on Native Children’’. the Commission shall constitute a quorum, but a (1) and the analysis of any existing data relat- lesser number of members may hold hearings. (b) MEMBERSHIP.— ing to Native children received from Federal (4) RULES.—The Commission may establish, by (1) IN GENERAL.—The Commission shall be agencies, the Commission shall— composed of 11 members, of whom— majority vote, any rules for the conduct of Com- (A) develop recommendations for goals, and (A) 3 shall be appointed by the President, in mission business, in accordance with this Act plans for achieving those goals, for Federal pol- consultation with— and other applicable law. icy relating to Native children in the short-, (i) the Attorney General; (d) NATIVE ADVISORY COMMITTEE.— mid-, and long-term, which shall be informed by (1) ESTABLISHMENT (ii) the Secretary; .—The Commission shall the development of accurate child well-being (iii) the Secretary of Education; and establish a committee, to be known as the ‘‘Na- measures, except that the Commission shall not (iv) the Secretary of Health and Human Serv- tive Advisory Committee’’. consider or recommend the recognition or the es- ices; (2) MEMBERSHIP.— tablishment of a government-to-government re- (A) COMPOSITION.—The Native Advisory Com- (B) 3 shall be appointed by the Majority Lead- lationship with— mittee shall consist of— er of the Senate, in consultation with the Chair- (i) any entity not recognized on or before the (i) 1 representative of Indian tribes from each person of the Committee on Indian Affairs of the date of enactment of this Act by the Federal region of the Bureau of Indian Affairs who is 25 Senate; Government through an Act of Congress, Execu- years of age or older; and (C) 1 shall be appointed by the Minority Lead- tive action, judicial decree, or any other action; (ii) 1 Native Hawaiian who is 25 years of age er of the Senate, in consultation with the Vice or or older. Chairperson of the Committee on Indian Affairs (ii) any entity not included in the list author- (B) QUALIFICATIONS.—Each member of the Na- of the Senate; ized pursuant to the Federally Recognized In- tive Advisory Committee shall have experience dian Tribe List Act of 1994 (25 U.S.C. 479a et (D) 3 shall be appointed by the Speaker of the relating to matters to be studied by the Commis- House of Representatives, in consultation with seq.); sion. (B) make recommendations on necessary modi- the Chairperson of the Committee on Natural (3) DUTIES.—The Native Advisory Committee Resources of the House of Representatives; and fications and improvements to programs that shall— serve Native children at the Federal, State, and (E) 1 shall be appointed by the Minority Lead- (A) serve as an advisory body to the Commis- er of the House of Representatives, in consulta- tribal levels, on the condition that the rec- sion; and ommendations recognize the diversity in cul- tion with the Ranking Member of the Committee (B) provide to the Commission advice and rec- on Natural Resources of the House of Represent- tural values, integrate the cultural strengths of ommendations, submit materials, documents, the communities of the Native children, and will atives. testimony, and such other information as the (2) REQUIREMENTS FOR ELIGIBILITY.— result in— Commission determines to be necessary to carry (i) improvements to the child welfare system (A) IN GENERAL.—Subject to subparagraph out the duties of the Commission under this sec- (B), each member of the Commission shall have that— tion. (I) reduce the disproportionate rate at which significant experience and expertise in— (4) NATIVE CHILDREN SUBCOMMITTEE.—The Native children enter child protective services (i) Indian affairs; and Native Advisory Committee shall establish a sub- and the period of time spent in the foster sys- (ii) matters to be studied by the Commission, committee that shall consist of at least 1 member tem; including— from each region of the Bureau of Indian Af- (II) increase coordination among social work- (I) health care issues facing Native children, fairs and 1 Native Hawaiian, each of whom ers, police, and foster families assisting Native including mental health, physical health, and shall be a Native child, and have experience children while in the foster system to result in nutrition; serving on the council of a tribal, regional, or the increased safety of Native children while in (II) Indian education, including experience national youth organization. the foster system; with Bureau of Indian Education schools and (e) COMPREHENSIVE STUDY OF NATIVE CHIL- (III) encourage the hiring and retention of li- public schools, tribally operated schools, tribal DREN ISSUES.— censed social workers in Native communities; colleges or universities, early childhood edu- (1) IN GENERAL.—The Commission shall con- (IV) address the lack of available foster homes cation programs, and the development of extra- duct a comprehensive study of Federal, State, in Native communities; and curricular programs; local, and tribal programs that serve Native (V) reduce truancy and improve the academic (III) juvenile justice programs relating to pre- children, including an evaluation of— proficiency and graduation rates of Native chil- vention and reducing incarceration and rates of (A) the impact of concurrent jurisdiction on dren in the foster system; recidivism; and child welfare systems; (ii) improvements to the mental and physical (IV) social service programs that are used by (B) the barriers Indian tribes and Native Ha- health of Native children, taking into consider- Native children and designed to address basic waiians face in applying, reporting on, and ation the rates of suicide, substance abuse, and needs, such as food, shelter, and safety, includ- using existing public and private grant re- access to nutrition and health care, including— ing child protective services, group homes, and sources, including identification of any Federal (I) an analysis of the increased access of Na- shelters. cost-sharing requirements; tive children to Medicaid under the Patient Pro- (B) EXPERTS.— (C) the obstacles to nongovernmental finan- tection and Affordable Care Act (Public Law (i) NATIVE CHILDREN.—1 member of the Com- cial support, such as from private foundations 111μ09148) and the effect of that increase on the mission shall— and corporate charities, for programs benefit- ability of Indian tribes and Native Hawaiians to (I) meet the requirements of subparagraph ting Native children; develop sustainable health programs; and (A); and (D) the issues relating to data collection, such (II) an evaluation of the effects of a lack of (II) be responsible for providing the Commis- as small sample sizes, large margins of error, or public sanitation infrastructure, including in- sion with insight into and input from Native other issues related to the validity and statis- home sewer and water, on the health status of children on the matters studied by the Commis- tical significance of data on Native children; Native children; sion. (E) the barriers to the development of sustain- (iii) improvements to educational and voca- (ii) RESEARCH.—1 member of the Commission able, multidisciplinary programs designed to as- tional opportunities for Native children that will shall— sist high-risk Native children and families of lead to— (I) meet the requirements of subparagraph those high-risk Native children; (I) increased school attendance, performance, (A); and (F) cultural or socioeconomic challenges in and graduation rates for Native children across (II) have extensive experience in statistics or communities of Native children; all educational levels, including early edu- social science research. (G) any examples of successful program mod- cation, post-secondary, and graduate school; (3) TERMS.— els and use of best practices in programs that (II) localized strategies developed by edu- (A) IN GENERAL.—Each member of the Com- serve children and families; cators, tribal and community leaders, and law mission shall be appointed for the life of the (H) the barriers to interagency coordination enforcement to prevent and reduce truancy Commission. on programs benefitting Native children; and among Native children;

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 E:\CR\FM\A01JN6.002 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3383 (III) scholarship opportunities at a Tribal Col- (bb) the Coordinated Tribal Assistance Solici- thorized for an employee of an agency under lege or University and other public and private tation program of the Department of Justice; subchapter I of chapter 57 of title 5, United postsecondary institutions; (cc) the Federal policy of self-determination; States Code, while away from the home or reg- (IV) increased participation of the immediate and ular place of business of the member in the per- families of Native children; (dd) any consolidated grant programs; and formance of the duties of the Commission. (V) coordination among schools and Indian (x) solutions to other issues that, as deter- (2) DETAIL OF FEDERAL EMPLOYEES.— tribes that serve Native children, including in mined by the Commission, would improve the (A) IN GENERAL.—On the affirmative vote of 2⁄3 the areas of data sharing and student tracking; health, safety, and well-being of Native chil- of the members of the Commission— (VI) accurate identification of students as Na- dren; (i) the Attorney General, the Secretary, the tive children; and (C) make recommendations for improving data Secretary of Education, and the Secretary of the (VII) increased school counseling services, im- collection methods that consider— Health and Human Services shall each detail, proved access to quality nutrition at school, and (i) the adoption of standard definitions and without reimbursement, 1 or more employees of safe student transportation; compatible systems platforms to allow for great- the Department of Justice, the Department of (iv) improved policies and practices by local er linkage of data sets across Federal agencies; the Interior, the Department of Education, and school districts that would result in improved (ii) the appropriateness of existing data cat- the Department of Health and Human Services; academic proficiency for Native children; egories for comparative purposes; (v) increased access to extracurricular activi- and (iii) the development of quality data and ties for Native children that are designed to in- (ii) with the approval of the appropriate Fed- measures, such as by ensuring sufficient sample crease self-esteem, promote community engage- eral agency head, an employee of any other sizes and frequency of sampling, for Federal, ment, and support academic excellence while Federal agency may be, without reimbursement, State, and tribal programs that serve Native also serving to prevent unplanned pregnancy, detailed to the Commission. membership in gangs, drug and alcohol abuse, children; (B) EFFECT ON DETAILEES.—Detail under this (iv) the collection and measurement of data and suicide, including activities that incor- paragraph shall be without interruption or loss porate traditional language and cultural prac- that are useful to Indian tribes and Native Ha- of civil service status, benefits, or privileges. tices of Indians and Native Hawaiians; waiians; (3) PROCUREMENT OF TEMPORARY AND INTER- (vi) taking into consideration the report of the (v) the inclusion of Native children in longitu- MITTENT SERVICES.— Indian Law and Order Commission issued pur- dinal studies; and (A) IN GENERAL.—On request of the Commis- suant to section 15(f) of the Indian Law En- (vi) tribal access to data gathered by Federal, sion, the Attorney General shall provide to the forcement Reform Act (25 U.S.C. 2812(f)), im- State, and local governmental agencies; and Commission, on a reimbursable basis, reasonable provements to Federal, State, and tribal juvenile (D) identify models of successful Federal, and appropriate office space, supplies, and ad- justice systems and detention programs— State, and tribal programs in the areas studied ministrative assistance. (I) to provide greater access to educational op- by the Commission. (B) NO REQUIREMENT FOR PHYSICAL FACILI- portunities and social services for incarcerated (f) REPORT.—Not later than 3 years after the TIES.—The Administrator of General Services Native children; date on which all members of the Commission shall not be required to locate a permanent, (II) to promote prevention and reduce incar- are appointed and amounts are made available physical office space for the operation of the ceration and recidivism rates among Native chil- to carry out this Act, the Commission shall sub- Commission. dren; mit to the President, Congress, and the White (4) MEMBERS NOT FEDERAL EMPLOYEES.—No (III) to identify intervention approaches and House Council on Native American Affairs a re- member of the Commission, the Native Advisory alternatives to incarceration of Native children; port that contains— Committee, or the Native Children Subcommittee (IV) to incorporate families and the tradi- (1) a detailed statement of the findings and shall be considered to be a Federal employee. tional cultures of Indians and Native Hawaiians conclusions of the Commission; and (i) TERMINATION OF COMMISSION.—The Com- in the juvenile justice process, including (2) the recommendations of the Commission for mission shall terminate 90 days after the date on through the development of a family court for such legislative and administrative actions as which the Commission submits the report under juvenile offenses; and the Commission considers to be appropriate. subsection (f). (V) to prevent unnecessary detentions and (g) POWERS.— (j) NONAPPLICABILITY OF FACA.—The Federal identify successful reentry programs; (1) HEARINGS.— Advisory Committee Act (5 U.S.C. App.) shall (vii) expanded access to a continuum of early (A) IN GENERAL.—The Commission may hold not apply to the Commission, the Native Advi- development and learning services for Native such hearings, meet and act at such times and sory Committee, or the Native Children Sub- children from prenatal to age 5 that are cul- places, take such testimony, and receive such committee. turally competent, support Native language evidence as the Commission considers to be ad- (k) EFFECT.—This Act shall not be construed preservation, and comprehensively promote the visable to carry out the duties of the Commission to recognize or establish a government-to-gov- health, well-being, learning, and development of under this section, except that the Commission ernment relationship with— Native children, such as— shall hold not less than 5 hearings in Native (1) any entity not recognized on or before the (I) high quality early care and learning pro- communities. date of enactment of this Act by the Federal grams for children starting from birth, including (B) PUBLIC REQUIREMENT.—The hearings of Government through an Act of Congress, Execu- Early Head Start, Head Start, child care, and the Commission under this paragraph shall be tive action, judicial decree, or any other action; preschool programs; open to the public. (II) programs, including home visiting and or (2) WITNESS EXPENSES.— family resource and support programs, that in- (2) any entity not included in the list author- (A) IN GENERAL.—A witness requested to ap- crease the capacity of parents to support the ized pursuant to the Federally Recognized In- pear before the Commission shall be paid the learning and development of the children of the dian Tribe List Act of 1994 (25 U.S.C. 479a et same fees and allowances as are paid to wit- parents, beginning prenatally, and connect the seq.). nesses under section 1821 of title 28, United parents with necessary resources; (l) FUNDING.—There is authorized to be appro- (III) early intervention and preschool services States Code. priated to carry out this Act $2,000,000. for infants, toddlers, and preschool-aged chil- (B) PER DIEM AND MILEAGE.—The fees and al- Mr. HOEVEN. I ask unanimous con- dren with developmental delays or disabilities; lowances for a witness shall be paid from funds made available to the Commission. sent that the committee-reported sub- and stitute amendment to S. 246 be agreed (IV) professional development opportunities (3) INFORMATION FROM FEDERAL, TRIBAL, AND for Native providers of early development and STATE AGENCIES.— to, the bills be read a third time and learning services; (A) IN GENERAL.—The Commission may secure passed en bloc, and the motions to re- (viii) the development of a system that delivers directly from a Federal agency such information consider be considered made and laid wrap-around services to Native children in a as the Commission considers to be necessary to upon the table with no intervening ac- way that is comprehensive and sustainable, in- carry out this section. tion or debate. cluding through increased coordination among (B) TRIBAL AND STATE AGENCIES.—The Com- mission may request the head of any tribal or The PRESIDING OFFICER. Without Indian tribes, schools, law enforcement, health objection, it is so ordered. care providers, social workers, and families; State agency to provide to the Commission such (ix) more flexible use of existing Federal pro- information as the Commission considers to be The bill (S. 184) was ordered to be en- grams, such as by— necessary to carry out this Act. grossed for a third reading, was read (I) providing Indians and Native Hawaiians (4) POSTAL SERVICES.—The Commission may the third time, and passed, as follows: with more flexibility to carry out programs, use the United States mails in the same manner S. 184 and under the same conditions as other agencies while maintaining accountability, minimizing Be it enacted by the Senate and House of Rep- of the Federal Government. administrative time, cost, and expense and re- resentatives of the United States of America in (5) GIFTS.—The Commission may accept, use, ducing the burden of Federal paperwork re- Congress assembled, quirements; and and dispose of gifts or donations of services or (II) allowing unexpended Federal funds to be property related to the purpose of the Commis- SECTION 1. SHORT TITLE. used flexibly to support programs benefitting sion. This Act may be cited as the ‘‘Native Native children, while taking into account— (h) COMMISSION PERSONNEL MATTERS.— American Children’s Safety Act’’. (aa) the Indian Employment, Training and (1) TRAVEL EXPENSES.—A member of the Com- SEC. 2. CRIMINAL RECORDS CHECKS. Related Services Demonstration Act of 1992 (25 mission shall be allowed travel expenses, includ- Section 408 of the Indian Child Protection U.S.C. 3401 note; 106 Stat. 2302); ing per diem in lieu of subsistence, at rates au- and Family Violence Prevention Act (25

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Mr. President, I rise to minated; or paragraph (A) if an investigation described ‘‘(II) parental rights have been terminated in clause (i) of that subparagraph reveals speak about the Native American Chil- but the child has not been permanently that a covered individual described in that dren’s Safety Act, S. 184. This legisla- placed. clause has been found by a Federal, State, or tion, which I have introduced along ‘‘(C) INDIAN CUSTODIAN.—The term ‘Indian tribal court to have committed any crime with Senator TESTER, is about one custodian’ means any Indian— listed in clause (i) or (ii) of section thing: making sure that foster children ‘‘(i) who has legal custody of an Indian 471(a)(20)(A) of the Social Security Act (42 in Native American communities are child under tribal law or custom or under U.S.C. 671(a)(20)(A)). placed in safe homes. State law; or ‘‘(3) EMERGENCY PLACEMENT.—Paragraph Without this legislation, there will ‘‘(ii) to whom temporary physical care, (2) shall not apply to an emergency foster continue to be inconsistent rules guid- custody, and control has been transferred by care placement, as determined by a tribal so- ing the placement of Native American the parent of the child. cial services agency. children in foster care. At this time, ‘‘(D) PARENT.—The term ‘parent’ means— ‘‘(4) RECERTIFICATION OF FOSTER HOMES OR ‘‘(i) any biological parent of an Indian INSTITUTIONS.— Native American tribes and their tribal child; or ‘‘(A) IN GENERAL.—Not later than 2 years courts use procedures and guidelines ‘‘(ii) any Indian who has lawfully adopted after the date of enactment of this sub- when placing a Native American child an Indian child, including adoptions under section, each Indian tribe shall establish pro- in a foster home that vary signifi- tribal law or custom. cedures to recertify homes or institutions in cantly from tribe to tribe. ‘‘(E) TRIBAL COURT.—The term ‘tribal which foster care placements are made. S. 184 addresses this problem by cre- court’ means a court— ‘‘(B) CONTENTS.—The procedures described ating a transparent pathway for the ‘‘(i) with jurisdiction over foster care in subparagraph (A) shall include, at a min- Federal Government and the tribes to placements; and imum, periodic intervals at which the home partner together to establish safety ‘‘(ii) that is— or institution shall be subject to recertifi- standards and policies to ensure the ‘‘(I) a Court of Indian Offenses; cation to ensure— ‘‘(II) a court established and operated ‘‘(i) the safety of the home or institution safety of Native American foster care under the code or custom of an Indian tribe; for the Indian child; and children. Moreover, this bill will or ‘‘(ii) that each covered individual who re- strengthen the governance of the tribes ‘‘(III) any other administrative body of an sides in the home or is employed at the insti- and create safeguards for their foster Indian tribe that is vested with authority tution is subject to a criminal records check care placement programs and the indi- over foster care placements. in accordance with this subsection, including viduals those programs serve. ‘‘(F) TRIBAL SOCIAL SERVICES AGENCY.—The any covered individual who— The Native American Children’s term ‘tribal social services agency’ means ‘‘(I) resides in the home or is employed at Safety Act specifically includes the fol- the agency of an Indian tribe that has the the institution on the date on which the pro- lowing reforms: It requires that all pro- primary responsibility for carrying out fos- cedures established under subparagraph (A) spective foster care parents and adults ter care licensing or approval (as of the date commences; and living in the home undergo a back- on which the proceeding described in para- ‘‘(II) did not reside in the home or was not graph (2)(A) commences) for the Indian tribe. employed at the institution on the date on ground check prior to the placement of ‘‘(2) CRIMINAL RECORDS CHECK BEFORE FOS- which the investigation described in para- a Native American foster child in that TER CARE PLACEMENT.— graph (2)(A)(i) was completed. home; it requires that background ‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) GUIDANCE ISSUED BY THE SECRETARY.— checks include checking for criminal paragraph (3), no foster care placement shall The procedures established under subpara- activity as well as State and tribal be finally approved and no foster care license graph (A) shall be subject to any regulation child abuse and neglect registries; it shall be issued until the tribal social services or guidance issued by the Secretary that is requires adults who join the household agency— in accordance with the purpose of this sub- after the foster care child has been ‘‘(i) completes a criminal records check of section. placed there also undergo background each covered individual who resides in the ‘‘(5) GUIDANCE.—Not later than 2 years checks; and, it requires that foster care household or is employed at the institution after the date of enactment of this sub- in which the foster care placement will be section and after consultation with Indian homes undergo recertification periodi- made; and tribes, the Secretary shall issue guidance re- cally to ensure they remain safe for ‘‘(ii) concludes that each covered indi- garding— foster care children. vidual described in clause (i) meets such ‘‘(A) procedures for a criminal records We worked on this legislation with standards as the Indian tribe shall establish check of any covered individual who— the tribes, with the National Indian in accordance with subparagraph (B). ‘‘(i) resides in the home or is employed at Child Welfare Association, with the Bu- ‘‘(B) STANDARDS OF PLACEMENT.—The the institution in which the foster care reau of Indian Affairs, and the U.S. De- standards described in subparagraph (A)(ii) placement is made after the date on which partment of Health and Human Serv- shall include— the investigation described in paragraph ices Administration for Children and ‘‘(i) requirements that each tribal social (2)(A)(i) is completed; and Families. The reforms are just com- services agency described in subparagraph ‘‘(ii) was not the subject of an investiga- monsense measures designed to protect (A)— tion described in paragraph (2)(A)(i) before ‘‘(I) perform criminal records checks, in- the foster care placement was made; those Native American children who cluding fingerprint-based checks of national ‘‘(B) self-reporting requirements for foster are in need of a good, safe home. In crime information databases (as defined in care homes or institutions in which any cov- fact, S. 184 has been endorsed by the section 534(f)(3) of title 28, United States ered individual described in subparagraph National Indian Child Welfare Associa- Code); (A) resides if the head of the household or tion as well as the Spirit Lake and

VerDate Sep 11 2014 02:36 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.005 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3385 Turtle Mountain tribes in my home ticularly want to single out Senator 24 people have lost their lives in the State of North Dakota. LISA MURKOWSKI from Alaska. She has floods. This bill has undergone many been a cochampion and a copartner. As usual, despite the direst of cir- thoughtful efforts on the part of many She sees the same issues among Alaska cumstances, the Texas spirit remains people and plenty of thoughtful consid- Natives as I see among the Plains Indi- alive, and we see many volunteers con- eration, and it has gone through reg- ans in my State. And we have named tinuing to dedicate their time and ef- ular order in the Senate. It passed this bill after two great educational forts to lend a helping hand. In unanimously out of the Senate Com- and spiritual leaders of our States. Wimberley, in central Texas, a town mittee on Indian Affairs on February 4, In my case, my bill is named after hit particularly hard by flooding and 2015. I am pleased this bill now has Alyce Spotted Bear, former tribal the overflowing Blanco River, a group passed the full Senate so these children chairwoman of the Mandan, Hidatsa, of students and adults helped to orga- can receive the protection they de- and Arikara Nation in North Dakota. nize a makeshift market in the high serve. Alyce was a passionate advocate for school gym. This same group helped With that, I yield the floor. Native children and a recognized leader consolidate and coordinate donations Ms. HEITKAMP. Mr. President, I in education. Unfortunately, she passed to give to those most in need. Locals in today can say that I am elated that the away much too soon, but I know her the town of about 2,500 people have Senate unanimously passed my legisla- spirit is here in this bill. come to refer to this as the tion that would create a commission I look forward to getting this bill ‘‘Wimberley Walmart.’’ on the status of Native American chil- passed in the House of Representatives. Fortunately, stories such as these of dren. I look forward to the report, and I look Texans helping one another are not iso- This bipartisan bill, which was first forward to all of us pulling in the same lated—far from it, in fact. Commu- introduced when I came to the Sen- direction to make sure all of our chil- nities across the State are organizing ate—in fact, it was my first bill—will dren are protected, all of our children donation drives to help those who have study the challenges facing Native are loved, and all of our children are lost all their material possessions, and American kids, including poverty, given equal opportunity, including many individuals have selflessly risked crime, high unemployment, substance those children in Native American their own lives to help rescue strangers abuse, domestic violence, and dire eco- homes and those children in Indian from the floodwaters and the rubble. nomic opportunities, as well as making Country. To these volunteers, and to the many recommendations on how to make sure I yield the floor. first responders who are working tire- lessly, we all thank you from the bot- Native American youth receive the f tools and educational resources they tom of our heart. During these hard USA FREEDOM ACT OF 2015— need to thrive. times, you not only provided relief but Continued This is not a new issue for me. This you also provided perhaps something is an issue I worked on when I was The PRESIDING OFFICER. The ma- more important, and that is hope. I spoke to several local officials over North Dakota’s attorney general and I jority whip. the last couple of days, including Nim saw the challenges for so many of our Mr. CORNYN. Mr. President, I would Kidd, who is chief of the Texas Depart- children living in Indian Country. I saw ask the Senate’s indulgence. I actually ment of Emergency Management. Nim that sometimes they are the most for- have three topics that I need to discuss is doing a terrific job in this very dif- gotten children in America. I fought here today. One topic involves the his- toric flooding that we have experienced ficult position, and he is performing for Native families all during my time like the experienced public servant as North Dakota’s attorney general, in Texas and the consequences of that, also the President’s signing the Justice that you would come to expect, par- pledging to improve the lives of Native ticularly in dealing with disasters such American youth once I was positioned for Victims of Trafficking Act, and lastly, the bill that is before us on the as this. Nim has said there is a lot of to do so. work to be done. He told me that the So this is truly an important day for floor today, which is another tool in the toolbox of the national security ap- rivers may not actually be within their tribes and Native communities, as well banks for 2 more weeks, assuming that as Native children and their families. paratus in this country to help keep Americans safe. we don’t get more rain. But we can’t stop the momentum. I This weekend, with recovery efforts look forward to working with my col- TEXAS FLOODS in full swing and Texans beginning the leagues in the House of Representa- First, Mr. President, let me talk painstakingly slow process of answer- tives to uphold the Federal Govern- about the flooding and storm damage ing the painful question of what now, ment’s trust responsibility to Indian that has affected Texas this last week several Texas rivers remain at flood tribes and to pass this bill, because or so. Over the course of a month, stage in more than 100 different loca- standing up for Native children is an Texas has faced a deluge of storms and tions. So as we start to recover, we are issue on which we should all agree. rain, and according to Texas A&M cli- reminded that we need to remain vigi- The Commission on Native Children matologists, May was the wettest lant. will work to identify complex chal- month on record. Texas has been in a I was encouraged to hear Nim’s re- lenges faced by Native kids in North drought for a number of years now, and port that the assistance of FEMA and Dakota and across the United States. we are glad to get the rain, but we just other Federal agencies has been mak- The comprehensive and first-of-its- wish that Mother Nature had spread it ing a big difference. He was highly kind commission would conduct an in- out over a longer period of time. The complimentary of their contributions. tensive study on issues affecting Na- National Weather Service reported yes- FEMA, as just one example, has rap- tive American youth. terday that in May Texas skies shed idly deployed resources to help assess The 11-member commission will issue 37.3 trillion gallons of water, which the damage done in local communities, a report to provide recommendations translates into almost 8 inches of and we were both glad to see the Presi- ensuring Native kids have access to water covering the entire State—a dent quickly grant Governor Abbott’s sustainable wraparound systems, as state more than 268,000 square miles request for a major disaster declara- well as the protection, economic re- large. tion on Friday night, which will help sources, and educational tools nec- Unfortunately, this historic volume Texans get the resources they need. I essary for success in both academia of water quickly turned into tragedy promised Nim and others I spoke to and in their careers. and massive destruction. Many Texans that I would continue to work with In addition to the Commission on Na- have experienced great loss. Some have Governor Abbott and our State’s con- tive Children, the subcommittee will lost their homes as the rivers came gressional delegation to make sure also provide advice in order to ensure down without any warning and washed that the Federal Government provides that those in Washington don’t lose their houses from their foundation. all the help Texans deserve during this sight of these children. But, of course, losing your home does difficult time. I thank all of my colleagues who not compare to the heartbreak of los- So, to those suffering today, I want have joined me in this effort, but I par- ing a loved one, and tragically, at least to offer my deepest condolences and

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.015 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3386 CONGRESSIONAL RECORD — SENATE June 1, 2015 prayers. We will continue to do every- lissa the help they need to heal, and, to investigate and detect threats to the thing we can here in Washington, in importantly, to treat her and others as American homeland before they occur. Austin, and in local communities that the victims they are and not as crimi- After 9/11, where almost 3,000 people have been so severely affected, to give nals. While I am thankful for what will lost their lives, there was plenty of Texans the help they need. We have no be accomplished through this legisla- time to do a criminal investigation and time to lose in getting these commu- tion, my hope is that we continue to law enforcement action, but we had nities back on their feet. I know the fight the scourge of human trafficking failed in our most essential obligation, people of Texas will continue to help using this law as the first step of which is to detect these threats ahead their neighbors across the State during many. of time and to prevent them from ever their time of need to ensure that each Mr. President, I want to speak about occurring. affected community will make the full- the effort to reauthorize the critical Importantly, as we discussed the est and fastest recovery possible. provisions of the PATRIOT Act that week before last, section 215 in par- JUSTICE FOR VICTIMS OF TRAFFICKING ACT expired at midnight last night. ticular included vigorous oversight Mr. President, on the second topic, As others have observed, there has measures. It is important for people to on Friday, the President signed into been a lot of misleading rhetoric and understand that the executive branch— law the Justice for Victims of Traf- downright demagoguery about this in other words, the White House—and ficking Act. I know I speak for all topic. The issue is pretty straight- the legislative branch, which is both those involved in the long journey on forward and simple. This is about how Houses of Congress, and the courts are which this legislation has led us when we use all of the tools available to us all very much engaged in the vigorous I say that I am thrilled that we are to keep our Nation safe amidst perva- oversight of these tools used to protect able to mark this milestone. This is a sive and growing threats, while at the the American people. By taking this perfect example of Congress working same time preserving our essential lib- tool away from those investigating the together in a bipartisan way along erties. This is not about trading one for constant threat stream to American with the President to try to do some- the other. This is about how we achieve citizens, we have unfortunately given thing to help the most vulnerable peo- the correct balance. terrorists an advantage right here in ple in our society—the victims of Despite our efforts last night, this our own backyard. human trafficking. This is an impor- Chamber was unable to come up with As we have reiterated over and over tant day, as it shows to both the vic- even a short-term solution to ensure that these threats to our homeland are tims of human trafficking as well as to that the key provisions—including sec- real and they are growing. Why in the the predators who exploit them that tion 215—of the PATRIOT Act did not world would we take time to gamble Congress, on both sides of the Capitol expire. We know that any single Sen- with our national security? and on both sides of the aisle, takes ator could object to this extension that Secretary of Homeland Security Jeh this issue seriously. would allow us to continue our work Johnson said that our country has en- I want to express my gratitude to the without allowing this program to ex- tered ‘‘a new phase in the global ter- organizations and the people who have pire. Unfortunately, three of our col- rorism threat’’ as the so-called Islamic helped get this done, lending countless leagues chose to object to the common- State or ISIL continues to encourage hours and endless expertise to this sense unanimous consent request to people right here at home to take up cause. Without their advocacy and allow those temporary extensions the cause of global jihad. Perhaps, to their determination, this would not while the Senate and the House contin- me, the best and most concrete exam- have been possible. I thank in par- ued their work. ples are events such as what happened ticular groups such as Rights4Girls, It is important to remember that in Garland, TX, just a few weeks ago, Shared Hope International, the Na- these provisions of the law were cre- when two people who had been commu- tional Association to Protect Children, ated after September 11 and were de- nicating overseas with representatives the Coalition Against Trafficking signed to equip those investigating ter- of the Islamic State were incited to Women, and End Child Prostitution rorism with the basic tools used by or- take up arms against their fellow citi- and Trafficking. dinary law enforcement. Why in the zens here in the United States of Amer- It is also important to remember world would we want to deny law en- ica. Why in the world would we want to whom this bill is for, and of course, it forcement the investigatory tools they deny our law enforcement and intel- is for the victims—typically, a young need to keep America safe from ter- ligence authorities lawful tools avail- girl between the ages of 12 and 14 who rorist attacks? That is what section 215 able to them to be able to identify peo- may have left home expecting some ad- did and does and will do again once we ple plotting threats against the home- venture or something else other than resurrect it. land and to prevent those threats from what they ultimately experienced. Before it expired at midnight, these actually being carried out? Many of them find themselves victims provisions helped our intelligence and Thank goodness, due to the vigilance of modern day slavery and victims of law enforcement officials keep the of local police and other law enforce- habitual sexual abuse. This is for country safe. As I think about this, and ment authorities, what could have been women such as Melissa Woodward, in discussing it with Chairman BURR a bloodbath in Garland, TX, was avert- whom I have met. She is from the Dal- and others who are very concerned ed. Why in the world would we want to las-Fort Worth area. At just 12 years about the safety and security of our take away a tool available to our intel- old, Melissa was sold into the sex trade country and who are determined to ligence and law enforcement authori- by a family member—as hard as that is protect the country by making sure ties and raise the risk that an attack to conceive of. Her life became a pris- that our counterterrorism efforts here in the homeland be successful on. She was chained to a bed in a ware- maintain every available legal tool rather than thwarted? house and endured regular beatings and consistent with our civil liberties, I This is not just something that hap- was raped. She was forced to sexually think what has happened is we have pened in Garland. A few weeks ago, FBI serve between 5 and 30 men every day. fallen victim again to the pre-9/11 men- Director James Comey described the Melissa said that at one point she tality of considering counterterrorism widespread nature of the threats—so wished she was dead. As heartbreaking efforts to be a law enforcement matter widespread, in fact, that he said all 56 as her story is—and it is heart- alone. Of course, the Fourth Amend- field divisions of the FBI have opened breaking—it is good to know that ment to the Constitution, which pro- inquiries regarding suspected cases of strong people such as Melissa—along hibits unreasonable searches and sei- homegrown terrorism. So let me re- with the help we can give and others zures, was designed primarily in a peat. Every FBI field division in the who care for them can give and with criminal law enforcement context to country is currently investigating at those who can help them from living a make sure that American citizens’ pri- least one suspected case of homegrown life of victimhood—can be transformed vacy was protected. But what many of terrorism. by their experience and regain a new those who object to using these provi- As my colleagues must know, we do and productive life. So with this law we sions fail to acknowledge is that our not have to go very far to find other begin to provide for people such as Me- intelligence community has to be able examples like the one I mentioned that

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.016 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3387 manifested itself in Garland. We read ical safety and civil liberties is struck. fore we had a no-fly list, who commu- about examples regularly. Just 2 weeks We will do that again. We can do that nicated via cell phone with a terrorist ago, also in my home State of Texas, responsibly by extending these authori- cell operating out of Yemen—we had the FBI arrested a man who had re- ties and coming together to find a the numbers out of Yemen; we just did portedly pledged his allegiance to the long-term solution that keeps these in- not have the number of Al Mihdhar. leader of ISIL. According to the FBI, valuable tools in place. Had 215 been in place, we could have he is but one of hundreds of ISIL sym- I yield the floor. tested the terrorist cell phones against pathizers here in the United States, The PRESIDING OFFICER. The Sen- the database we had. The FBI Direc- which ought to alarm all of us, ought ator from North Carolina. tor’s own words: We probably would to be a call to vigilance and to make Mr. BURR. Mr. President, I thank have stopped that component of 9/11. sure we maintain every available legal the majority whip for his comments Al Mihdhar and his roommate, I be- tool consistent with civil liberties to and for his support of the extension of lieve, were the two who flew the plane protect our citizens. 215 and for what I think are some very into the Pentagon. Would it have cap- So I think it is obvious that section reasonable changes to it. Some of what tured everybody? Possibly not. Would 215 and the two noncontroversial na- the Senator from Texas said took me identifying two individuals incor- tional security provisions at issue back to some of the hearings I know porated in a cell inside the United should not have been allowed to expire, the Presiding Officer was in where in- States have allowed the FBI to work but unfortunately they were, and now telligence officials were asked about through traditional means of investiga- it is our responsibility to fill that gap this transition. They were asked very tion and find the rest of that cell, those by passing this legislation and taking simply ‘‘Will it work?’’ and the answer planes directed—two planes toward up the important amendments, which they gave was ‘‘I think so.’’ To an in- New York and that fourth plane di- will actually strengthen the House bill. stitution such as Congress, where our rected to the Capitol? Maybe. Maybe it We know our country and our people No. 1 responsibility is the defense of would have. are the target of terrorists again, and the country, ‘‘I think so’’ is not the an- Maybe when are you trying to stop we need to do everything we can to swer on which you base the change of a something, it is good, but when you are stop them. Well, my initial preference program. Therefore, that is why there talking about eliminating something, was to extend these portions of the PA- is a debate in Washington right now— ‘‘I think we can do it’’ does not meet TRIOT Act for a short period of time so now in the Senate, soon to be with the my test. That is why one of the amend- we could begin the debate and discuss House—as to whether 6 months is suffi- ments I will ask my colleagues to vote the next best move to address these cient time to be able to address it. on is an amendment to make the tran- issues without giving the terrorist any I know the Presiding Officer of the sition period not 6 months but 12 advantage by handicapping the men Senate heard individuals from the Jus- months. It is to make sure we have al- and women committed to protecting tice Department say: Well, if this does lowed the NSA a sufficient amount of our homeland. not work, we will get back to you on time to technologically prepare the At a time when the threats to our changes. telephone companies to be able to country are increasing, we should be One of the reasons this tool is in search their data in a timeframe that enabling our intelligence officials and place is because we identified short- we need to get in front of an attack law enforcement with the tools they comings in our capability to identify versus in back of an attack. need and not stripping them of the au- terrorists post-9/11. It is very simple: If it happens in thorities they require in order to pro- Let me revert back—and I hate to go front, it is intelligence. If it happens in tect us. Clearly a full extension of sec- to history, but on 9/11, as the majority back, it is an investigation. It is a legal tion 215, which was easily extended in whip said, there was the loss of almost investigation. It has already happened. 2011, is not possible at this time. But 3,000 lives, American and international We are trying to make sure we stay in the last thing any one of us should do lives. Washington, New York—could front. is allow this program to continue to re- have been this building had some brave I would like to take a moment to go main dark. passengers not found out what they over some myths about the PATRIOT I encourage our colleagues to join me were up to and stopped them. Act. in quickly working together to reau- I remember those days and weeks and Here is myth No. 9: The President put thorize these critical provisions. Every months right after 9/11 as a member of in place two panels—a review panel and day we allow these authorities to re- the House Intelligence Committee. another one called the Privacy and main expired, our intelligence officials There are not many of us left who were Civil Liberties Oversight Board—and, are forced to act with one hand tied be- here. I think only 40 percent of the interestingly, both panels told him the hind their back. Senate was here on 9/11. What were the same thing: that what he was doing We plan to make minor improve- questions that went through our was illegal. ments to the House-passed bill, and I minds? Who did this? Why did they do Fact: President Obama’s review panel think they make a lot of sense, things it? How wide was the plan to attack us? never opined on the legality of the such as actually getting a certification We had to start from a dead stop and metadata program. It said the question by the Director of National Intel- try to figure out the answer to all of of the program’s legality under the ligence and this plan to let the those questions. It is amazing that in a Fourth Amendment ‘‘is not before us,’’ telecoms continue to hold this infor- very short period of time we were able and it is not the review panel’s job to mation and then, after a court order is to construct tools that made sure that resolve these questions of whether the provided, allow that search. But cer- America would never be faced with program was statutorily authorized. tainly we should want to know whether questions such as those again and that Myth. Fact. this actually will work in a way that is if we were, it would be a very short pe- Myth No. 8: The national security consistent with our national security. riod of time, not weeks and months and letter is similar to what we fought the So, essentially, the House provisions in some cases years to connect the dots Revolution over. are the base bill here, but I think and try to figure out how to keep this I am not a lawyer, but given what we Chairman BURR and others on the In- from happening again. Section 215 was have been faced with since September telligence Committee have rec- one of the tools that was created as a 11, I think it would have been easier to ommended some very positive, com- result of 9/11. go to law school than to try to figure monsense improvements which will I revert back to the Director of the out some of these things. The national make this bill better. Working to- FBI, who said last year that had sec- security letter, despite its ominous- gether, the Senate and the House, I tion 215 been in place prior to Sep- sounding name, is nothing more than think we can make sure these nec- tember 11, the likelihood is that we an administrative subpoena. It has the essary authorities are restored. could have connected the dots between authority equivalent to the authority As elected representatives of the a known terrorist we lost track of by postal inspectors employ to investigate American people, it is our duty to the name of Al Mihdhar, who traveled mail fraud or IRS agents use to inves- make sure the balance between phys- from Kuala Lumpur to San Diego be- tigate tax fraud. Postal inspectors and

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.018 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3388 CONGRESSIONAL RECORD — SENATE June 1, 2015 IRS agents do not need judicial author- Again, that is factually incorrect. applications does not ‘‘reflect the fact ization to issue an administrative sub- Every Senator was put on notice of the that many applications are altered poena. Our Framers would likely be program’s existence in 2010 and again prior to final submission or even with- embarrassed if the post office had more in 2011. My gosh, it has been a na- held from final submission entirely, authority to investigate postal fraud tional—international debate over the often after an indication that a judge than the Federal Government had to last several weeks. would not approve them’’ because it protect us from terrorism. Myth No. 4: The PATRIOT Act goes had not met the threshold. Before 215, the FBI would issue a na- from probable cause, which is what the Third, the government has every in- tional security letter that gave them Constitution had, to articulable sus- terest in self-selecting only meri- expansive investigatory tools. Now, picion, down to relevance. torious applications to bring to the they could not do it in a timely fash- This statement conflates issues. court. The government is a repeat ion, but eventually they could not only Articulable suspicion and relevance are player at the FISA Court. It has a well- get to a search of telephone numbers, not two different standards for the earned reputation as a broker of candor they could search financial records, same thing. They both must be before the court, and there would be and they could search anything about present—both must be present—in the significant reputational costs to bring- an individual. metadata program. ing nonmeritorious applications to the Let me remind my colleagues that FISA, as amended by section 215 of court. what we are talking about in section the PATRIOT Act, allows the govern- Let me sort of put in layman’s terms 215, the metadata program—we have ment to seek a court order requiring what that is. The current wiretap never identified an American. All we the production of ‘‘tangible things’’ standard—equivalent to going to a have is a pool of telephone numbers upon a statement—articulation—of FISA Court—approves at a 25-percent with no person’s name attached to facts showing ‘‘there are reasonable higher rate than the FISA Court. And them, and we collect the date the call grounds to believe’’ those things are the FISA Court is the court that expe- was made, the duration of the call, and ‘‘relevant’’ to an authorized investiga- dites time-sensitive investigations and the telephone number that it talked to. tion. This allows the government to The only time that information can be time-sensitive intelligence requests. seek call records from telecommuni- Myth No. 2: The problem in the FISA queried is when we have a foreign tele- cations companies. Then, when those phone number that we know to be the Court is that when they take you to records have been compiled into a this court, it is secret. telephone number of a terrorist. Where database, that database can only be True, it is secret, but so are any we were before was much more expan- queried upon a reasonable articulable other judicial hearings where classified sive with a national security letter, suspicion that the number to be information is before to the court, and but it was not timely, and if you want queried is associated with a particular that court shuts down and goes into a to be in front of an act, you have to be foreign terrorist organization. nonpublic setting, just the way this in- timely. That is how 215 was created. We keep getting back to this, and of stitution does. We will do it as we get Myth No. 7: NSA collects your ad- all the conversations that are had on into the appropriations bills, and when dress book, buddy lists, call records, et this floor about intrusion into pri- we get into classified, sensitive appro- cetera, and then they put them into a vacy—one, let me state the obvious priations, these doors will shut, the data—I think the program is called fact again. It is hard for me to believe Gallery will be cleared, the TVs will be SNAC—they put it all into this data we have invaded anyone’s privacy when cut off, and we will do our business on program and they develop a network of we have done nothing but grab a tele- secret, classified information. who you are and who your friends are. phone number and we have no earthly Myth. It is only realistic to believe that the Here is fact: SNAC is the National idea to whom it belongs. And the only reason we would be concerned with court—especially the court that hears Security Agency Systems and Network the most sensitive cases—would only Attack Center, which, among other that telephone number is if we pull a foreign terrorist telephone number and hear those cases in secret because the things, publishes a configuration guide cases cannot be presented in public. to assist entities in protecting their we search it and find somebody in America they have talked to. That is The last, No. 1: The bulk collection of networks from intrusion. Its work all Americans’ phone records all of the could not be further from the allega- it. That is the entirety of the program, and it is all predicated on the fact that time is a direct violation of the Fourth tion made. Amendment. Myth No. 6: Executive Order 12333 has we don’t search any—we don’t query The Fourth Amendment protects no congressional oversight. any data unless we have a foreign ter- Boy, that is a strange one to the In- rorist telephone number known, and against unreasonable searches. A telligence Committee, which spends a that is what triggers the program to search occurs when the government in- lot of time on oversight of 12333. It is begin to meet the threshold of the trudes upon ‘‘a reasonable expectation simply wrong. S. Res. 400 of the 94th court for a query of the information. of privacy.’’ The Supreme Court has Congress created the Select Committee Myth No. 3: The FISA Court has noted ‘‘that a person has no legitimate on Intelligence. CRS—the Congres- somewhat become a rubberstamp for expectation of privacy in information sional Research Service—points out the government. he voluntarily turns over to third par- that the President has a statutory re- First, if that characterization is cor- ties.’’ sponsibility to ‘‘ensure that the intel- rect, then the Federal criminal wiretap The Court has also squarely deter- ligence committees are kept fully and process is even more of a rubberstamp mined that a person does not have a currently informed of the intelligence for the government. The approval rate Fourth Amendment-protected privacy activities of the United States.’’ The for title III criminal wiretaps is higher interest in the numbers he dialed on committee routinely receives reports than the approval rate for FISA appli- his phone. Telephone companies keep on such matters, including reports on cations. call records for billing purposes. When NSA activities under Executive Order Second, this claim does a disservice the government obtains those records 12333. It is a part of the committee’s to the practice of the FISA Court, from a third-party telecommunications mandate that we do successful over- where there is often a back-and-forth provider, a search has not taken place sight, and it is a requirement of any between the government as applicant for constitutional purposes, and there- President that they make sure their and the court. Again, this is not unlike fore a warrant is not required. administration fully cooperates and re- the criminal wiretap process. The gov- This program has been approved over ports to both the Senate select com- ernment often proposes to make an ap- 40 times by the FISA Court to exist. mittee and the House select com- plication before making its final appli- The program was instituted by the ex- mittee. cation. The chief judge of the FISA ecutive branch. The executive branch Myth No. 5: The President started Court has said it returns or demands could end the program today. Why this program by himself. He did not modifications on these proposed appli- don’t they? They don’t because this tell us about it. Maybe one or two peo- cations 25 percent of the time. In this program is effective. This program has ple knew about it. respect, the high approval rate of FISA thwarted attacks here and abroad.

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.018 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3389 I know individuals have come on the will be cumbersome and difficult and So here is where we are. We find our- floor and they have said: There is abso- delay the ability of this process to selves in a circumstance where impor- lutely nothing that shows that section move forward. So the courts have pro- tant tools have already lapsed. We need 215 has contributed to the safety of vided for us language that changes it to work quickly to remedy this situa- America. to where the FISA Court can access a tion. Everyone has had ample oppor- I can only say that they are factually friend of the court when they feel it is tunity to say their piece at this point. challenged in that. You would not have necessary but not be required to have a Now is the time for action. the majority of the Intelligence Com- friend of the court regardless of what That is why, in just a moment, I will mittee on floor lobbying for this pro- their determination is. ask for unanimous consent to allow the gram to continue in its current form. We will talk about that over the next Senate to consider cloture on the Now we know that is not going to hap- just shy of a day, but it is my hope to House-passed FISA bill, along with pen, so we are trying to reach a modi- all the Members that all three of these amendments to improve it, today—not fication of the current language so, in amendments can be dealt with before tomorrow but today. fact, we have a greater comfort level 24 hours is up and that passage of the There is no point in letting another that the intelligence community can USA FREEDOM Act as amended by the day lapse when the endgame is clear to be in front of attacks and not behind Senate can be passed to the House for absolutely everyone—we know how them. quick action by the U.S. House and this is going to end—when we have I remind my colleagues that hope- hopefully by the end of business tomor- seen such a robust debate already, a fully tomorrow afternoon we will be at row can be signed by the President and big debate, not only in the Senate but a point where we are ready to vote on these very important programs can be across the country, and when the need amendments. There will be three back in place. to act expeditiously could not be more amendments to the USA FREEDOM I would make one last note—that I apparent. Act. am sure Americans find it troubling Madam President, I ask unanimous The first one will be a full substitute. that this program is going to be sus- consent that at 6 p.m. today, the Sen- It will take all the identical language pended for roughly 48 hours. In the case ate vote on the pending cloture motion of USA FREEDOM with two changes: of investigations that are currently un- on H.R. 2048, the U.S. FREEDOM Act, One, it will require the telephone derway, they are grandfathered and the and that if cloture is invoked, that all companies to notify the U.S. Govern- ‘‘lone wolf’’ and roving wiretap can postcloture time be yielded back and ment 6 months in advance of any still be used, but new investigations the Senate proceed to vote on the pend- change they make in their retention have to wait for the reauthorization of ing amendments under the regular policy of the data, the telephone num- this bill. From the standpoint of the order; that upon disposition of the bers. I think it is a very reasonable re- metadata program, last night at 8 amendments, the bill be read a third quest that they give us 6 months’ no- o’clock it could no longer be queried, time, as amended, if amended, and the tice if, in fact, they are going to reduce and it won’t be able to be queried until Senate proceed to vote on passage of the amount of time they keep that this is reauthorized. the bill, as amended, if amended. data. There is time sensitivity on us pass- The PRESIDING OFFICER. Is there The second piece is that we direct the ing this, just as there is time sensi- objection? Director of National Intelligence to tivity in getting the language of this The Senator from Kentucky. certify at the end of the transition pe- bill correct so that, in fact, we can Mr. PAUL. Madam President, reserv- riod that we can successfully make the query it, we can connect the dots, and ing the right to object, I would be transition and that the technology is we can get in front of an attack prior happy to agree to dispensing with the in place at the telephone companies, to the attack happening. time and having a vote at the soonest provided by the government, that they I urge my colleagues in the Senate to possibility, if we were allowed to ac- can query those numbers—in other spend the next 24 hours understanding commodate amendments for those of us words, that they can search it and take what is in the USA FREEDOM Act. who object to the bill. I think the bill a foreign terrorist telephone number Look at the amendments. They are would be made much better with and figure out whether they talked to reasonable. They don’t blow up this amendments. If we can come to an ar- an American. piece of legislation. They provide us rangement to allow amendments to be In addition to that substitute amend- the assurance that we can make this voted on, I would be happy to allow my ment, there will be two additional transition and that after we make the consent. But at this point, I object. amendments. transition, the program will still work. The PRESIDING OFFICER. Objec- The first one will take the transition I urge my colleagues to support all tion is heard. period that is currently 6 months in three amendments. Mr. MCCONNELL. Madam President, the bill and will simply make it 12 I yield the floor. without consent to speed things up, the months. If I had my preference, it I suggest the absence of a quorum. cloture vote will occur an hour after would be 24 months, but I think this is The PRESIDING OFFICER (Mrs. the Senate convenes tomorrow, on a fair compromise. And my hope is ERNST). The clerk will call the roll. Tuesday. Therefore, Senators should that, matched with the certification of The legislative clerk proceeded to expect the cloture vote at 11 a.m. to- the DNI, we will be prepared to trans- call the roll. morrow. fer this data but to continue the pro- Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. The Sen- gram in a seamless fashion, although it I ask unanimous consent that the order ator from North Carolina. will add some time—yet to be deter- for the quorum call be rescinded. Mr. BURR. Madam President, before mined—to how quickly we can make The PRESIDING OFFICER. Without the recess, there was an attempt to try the identification of any connection of objection, it is so ordered. to bring finality before this bill ex- dots. Mr. MCCONNELL. Madam President, pired. At that time, I reached out to The second amendment very specifi- it is time to get the job done on FISA. my friend and colleague from Ken- cally will be addressing the amicus It is time to get the job done. tucky, Senator PAUL, and offered him provision in the USA FREEDOM Act. I From the beginning of this debate, I my assurance, as manager of the bill, am going to talk about amicus a little had aimed to give Senators a chance to that we would take up his amend- later, but let me just say for my col- advance bipartisan compromise legisla- ments. But as the President of the Sen- leagues that in the USA FREEDOM tion through the regular order. That is ate knows, if any one Senator objects Act, in numerous places, it says that why I offered extension proposals that to a vote, then a vote does not happen. the courts shall provide a friend of the sought to create the space needed to do I consented at that time that I would court. that. But as we all know, by now, every initiate a tabling of his amendment so I am not a lawyer, but my under- effort to temporarily extend important that there could actually be a vote. standing from those who are lawyers is counterterrorism tools—even non- There has been every attempt to try to that ‘‘shall’’ is an indication of ‘‘you controversial ones—was either voted accommodate amendments. I think must.’’ The courts have told us that down or objected to. that given the short time that we are

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.020 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3390 CONGRESSIONAL RECORD — SENATE June 1, 2015 dealing with, where we are trying to the duration of time of the call. There Myth No. 2: The NSA program is ille- make sure that the expiration of these is absolutely zero—zero—content. gal. needed tools is as limited as we can, There is zero identifier. There is not a There have been some who have come the leader is exactly right. You cannot person’s name to it. People have ques- to the floor and said that. The Supreme go outside of the processes that were tioned whether the program is legal. It Court held in Smith v. Maryland and in already triggered prior to this. is legal because the Supreme Court has U.S. v. Miller that there is no reason- I think we have made every attempt said that when we turn over our data able expectation of privacy in tele- to try to accommodate the current to a third party, we have no reason to phone call records, such as those ob- Senate rules, but unfortunately, there believe there is a privacy protection. tained under section 215. Those records were objections to that as we departed Therefore, when we get that telephone are not protected by the Fourth town over a week ago, and we are number from a telephone company, we Amendment. where we are. throw it into a pool, and the only per- Under the current 215 program, the For my colleagues’ sake, let me re- son who should ever be worried is judges of the FISA Court must approve state where we are. We have had the somebody who is in that pool that ac- any request by the FBI to obtain infor- tually carried on a conversation with a expiration as of midnight last night of mation from the telephone companies. terrorist. And if we connect those two section 215. Section 215 has many Congress has reauthorized the PA- dots—a person in America and a known pieces to it, but there are three that TRIOT Act seven times. The FISA terrorist abroad—and they commu- are highlighted. One is the ‘‘lone wolf’’ Court reviews the act in an application nicate, then it is immediately turned provision, an individual who has no di- every 90 days, and the FISA Court has over to the FBI for an investigation. It rect tie to a terrorist organization but approved the reauthorization of those is a person of suspicion. We turn it over could be radicalized in some type of 90-day extensions over 41 times. communication, and ‘‘lone wolf’’ pro- to law enforcement. Law enforcement then goes through whatever court pro- This is not a car on cruise control. vides us the ability to target them This is a program that every 90 days without a direct association to a ter- cedures they need to do to investigate that individual. the court looks at and assesses whether rorist group. And roving wiretaps are for another 90 days we have the right the ability to target an individual and That is the metadata program. That is the contentious thing that has to run the program. Put on top of that, not a specific phone. the congressional oversight of the pro- These two are noncontentious, and bogged this institution down to where we have let it expire—in most cases be- gram is probably the second-most or there was a request by unanimous con- third-most looked at program by the sent yesterday before the expiration to cause people have suggested it is some- thing other than what I have just de- Senate and House Intelligence Com- extend those two pieces. There was an mittees of any program within our in- objection. The Senate operates by scribed. I have read a lot of the myths. Let telligence community. rules. When one Senator objects, every- me just go back through some of them Myth No. 3: The NSA dragnet repeat- thing stops. For that reason, those two again. I think it is important. edly abuses government authority. provisions expired last night. Myth No. 1: The NSA listens to The government does not acquire Let me say for the benefit of my col- Americans’ phone calls and tracks leagues and for the American people content or personal information of their movement. Americans under the section 215 pro- that any investigation that was cur- The NSA does not and cannot indis- rently under way as of 12 o’clock last gram. The names linked to the tele- criminately listen to Americans’ phone phone numbers are not available unless night can continue to use those two calls, read their emails or track their tools. What is affected while we are in the government obtains authorization movement. The NSA is not targeting through a separate legal process, in- this expiration period is that you can- or conducting surveillance of Ameri- not open a new investigation and use cluding, if necessary, a warrant based cans. Under the Foreign Intelligence on probable cause. those two tools to investigate that in- Surveillance Court—FISA Court— dividual. So we are limited on anything Careful oversight of the program re- order, the only information acquired veals no pattern of government abuse that might have opened since 12:01 this by the government from telephone morning. whatsoever. In fact, after more than a companies is the time of call, the decade, critics cannot cite a single case My hope is that the Senate will dis- length of call, and the phone number pose of all of the 215 provisions by 3 of intentional abuse associated with involved in the call. The government FISA authorities. That is a far cry o’clock tomorrow. We can turn the fau- does not listen to the call. It does not from the debate that we have listened cet back on, and law enforcement can acquire the personal information of the to and, I might say, that has been cov- use those two tools. caller or the person who is called, ered on some of the national media. But the third piece has been the which is obtained only through a sepa- Myth No. 4: The government stopped focus of contention in the Senate and rate legal process including, if nec- in the country, and it deals with a pro- essary, a warrant based on probable only one plot using section 215. gram called the metadata program. It cause, which is the highest standard For anybody that was listening ear- is a scary word. Let me explain what that the judicial system has. lier to me, I described four specific the metadata program is. Frankly, there is more information things that I can talk about in public. The NSA receives from telephone available in a U.S. phonebook than There were four plots. A plot is some- companies a telephone number with no what the NSA puts in the metadata thing that you get to before an act is identity whatsoever. We refer to it as a base. There is more privacy informa- done. deidentified number. They put all of tion that Americans share with their We even talked about the Tsarnaev that into one big database. The purpose grocery store when they use their dis- brothers, who committed a violent act of it is that when we find a known ter- count card to get groceries. There is that killed and maimed a number of rorist outside of the country and we more data that is collected at the people in the Boston Marathon. We had have his telephone number, then we CFPB on the American people than the the ability because we had a foreign want the ability to query or search NSA ever dreamed about, but there is telephone number that we thought was that big database to see if that known nobody down here trying to eliminate tied to the Tsarnaevs, and even after terrorist talked to anybody in the the CFPB, although I would love to do the fact, we were able to go back and United States. We actually have to go it tomorrow. But the fact is, if this is use 215 to see if there was a foreign to court—to the FISA Court—to get about privacy, how can we intrude on nexus to an act that had already been permission, and we have to have ar- anybody’s privacy when we do not committed. In this case, we could not ticulate, reasonable suspicion that know who the individuals are of the find that nexus, but we had the tools there is a connection, that that known phone numbers that we have? And available so that law enforcement terrorist’s telephone number can be there is the fact that the Supreme could responsibly look at the American tested against this database. We collect Court has said that when you relin- people and say we have done every- the telephone number, we collect the quish that information to your phone thing to make sure that there are not date the call was made, and we collect company, you have no right of privacy. additional participants in this act who

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.023 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3391 might carry it out at the next mara- all of the House language with the ex- not because we don’t want the Amer- thon or the next race or the next fes- ception of two issues. We will make ican people to know that there is a tival. That is what our ability is sup- two changes. One of the changes will FISA Court or that there is an applica- posed to be if, in fact, our oath of office require the telephone companies to tion or a decision made by the FISA as a Member of Congress is to defend provide a 6-month notice of any change Court, but everything the FISA Court the country, number one. in their data retention policy. In other takes up is secret or classified, so it Myth No. 5: The FISA Court is a words, if one telephone company has an has to be done in secret, just like some rubberstamp. 18-month retention program currently of the budgets and some of the author- Despite all the claims that the FISA in place and they decide they are only izations we do in the Senate that are Court approves 99 percent of the gov- going to hold the data for 12 months, classified. We shut these doors, we ernment’s applications, the FISA Court they have to notify the Federal Gov- empty the Gallery, we cut off the TV, often returns or demands modifications ernment 6 months in advance of that we hash out our differences, we come to about 25 percent of the applications change. together, and we have a piece of legis- before they are even filed with the The second change will require the lation that only those people who are court. According to the FISA Court Director of National Intelligence to cleared can read. That is part of func- chief judge, the 99-percent figure does certify that on the transition date, tioning. And part of functioning from a not reflect—does not reflect—the fact that the government has provided the standpoint of getting in front of ter- that many applications are altered technology for the telephone compa- rorism is to make sure the tools are in prior to the final submission or even nies to be able to search the data in a place to allow not only intelligence but withheld from final submission en- timely fashion for us to stay in front of law enforcement to do their job. tirely, often after an indication that a attacks. I think when the American people judge would not approve them. In addition to that substitute amend- understand how simple this program Let me put this in perspective. Twen- ment, which I hope my colleagues will is—we take the telephone numbers, we ty-five percent more of the wiretap ap- support because there are minimal take the date the call was made, we plications are approved than of FISA. I changes, there will be two amendments take the duration of the call, and if it mean, that says enough right there. In to the bill. connects to a known foreign terrorist The first amendment will change the comparison to Federal court docu- number, then we turn it over to the transition period from 6 months to 12 ments which include wiretap applica- Federal Bureau of Investigation and months. So when the Director of the tions as instructed, of the 13,593 wire- they go to court to figure out whether NSA says ‘‘I think we can do it in 6 tap applications filed from 2008 to 2012, this is an individual they need to look months,’’ to the Intelligence Com- the Federal district court approved at. It is no longer a part of the intel- 99.6. mittee, ‘‘I think we can do it’’ is not a good answer. So what we are asking is ligence community. It is a valuable The only reason that FISA is at 99 tool. It has helped us to thwart attacks percent is because when the govern- that we go from 6 months to 12 months so we can make sure the technology is in the past. My hope is that after we ment sees that they are not going to be get through with business tomorrow at approved, they withdraw the applica- in place for this program to continue. The last piece is a change in the ami- about 3 p.m., that this will continue to tion. That seldom happens in wiretap cus language of the bill or the friend- be a useful tool. applications. I urge my colleagues to expeditiously Myth No. 6: There is no oversight of of-the-court language in the bill. The bill itself uses the words that the consider not only the base language the NSA. courts shall—which means must—have but the substitute and both amend- The NSA conducts these programs ments. under the strict oversight of three a friend of the court, and that is not needed in all cases. If that is applied to I yield the floor. branches of government, including a I suggest the absence of a quorum. judicial process overseen by Senate- all cases, it will put in place a very cumbersome and untimely process. The PRESIDING OFFICER. The confirmed judges appointed to the When we are dealing with trying to clerk will call the roll. FISA Court and a chief judge of the get in front of an attack and dealing The legislative clerk proceeded to United States. Republicans and Demo- with individuals who are linked to call the roll. crats in Congress together review, known terrorists abroad, we want to Ms. MIKULSKI. Madam President, I audit, and authorize all activities have a way to query that data, to ask unanimous consent that the order under FISA. There are few issues that search that data as quickly as we pos- for the quorum call be rescinded. The PRESIDING OFFICER. Without garner more oversight attention by sibly can with the approval of the congressional Intelligence Committees court. So what we have done is taken objection, it is so ordered. than this program, as well as the re- language that has already passed out of REMEMBERING BEAU BIDEN sponsibilities imposed on the executive the Intelligence Committee and has Ms. MIKULSKI. Madam President, I branch to make sure that the Federal been signed off by the courts that rise to speak about where we are as we agencies in a timely fashion share all changes ‘‘shall’’ to ‘‘must.’’ It basically debate the various aspects of the USA information with the select commit- says that the court has the oppor- FREEDOM Act. However, before I pro- tees in the Senate and the House for tunity, anytime they need a friend of ceed with my statement on the current the purposes of oversight of our intel- the court’s advice, to turn to it and to issue before the Senate, I really wish to ligence community. Now, some have get it, but it doesn’t require that they note the very sad passing of our Vice suggested that because the Director of have a panel set up that automatically President’s son, Beau Biden, who the NSA says we think we can do this, sits in on every consideration, because passed away at age 46 of brain cancer. we should just trust them. Please un- a judge doesn’t always need that. Of course, the world knows this now derstand that the reason we are having As the Presiding Officer of the Sen- because of the news announcement. this debate is because some have sug- ate knows, the FISA Court operates in Standing on the Senate floor, where I gested that the NSA cannot be trusted. secret, which is another criticism of served with the Vice President when he Once again, I will state for my col- many people. Well, I don’t want to was a U.S. Senator, I just personally leagues that we are going to do every- share any secrets, but sometimes the want to express my condolences to him thing we can to wrap this up by 3 p.m. Senate operates in secret. Most of the on behalf of myself, his friend in the tomorrow. The debate about whether time, the Intelligence Committee oper- U.S. Senate and his colleague on so the data is going to transfer from the ates in secret. Believe it or not, some many issues, as well as the people of metadata program at NSA to the tele- titans of the courts in our country op- Maryland. phone companies has been decided. It erate in secret. They have the author- Once the news broke over the week- will transfer. Over the next 24 hours, ity to do it anytime there is secret or end, many people asked me in my home we will attempt to take up the USA classified information that can’t be State: Did you know him? Had you FREEDOM Act—the exact language shared publicly. ever met him? There is just a general that was passed by the House—with a Well, that is all the FISA Court does. outpouring of sadness for his family, substitute amendment that embraces That is the reason it is in secret. It is his wife, his two children, and, of

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.024 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3392 CONGRESSIONAL RECORD — SENATE June 1, 2015 course, the Vice President and his step- essential to protecting our country would have the opportunity to come mother Jill. So, Mr. Vice President, if against terrorist attacks, whether it is with me to meet them sometime. They you have the opportunity to listen, a ‘‘lone wolf’’ or State-sponsored ter- are linguists. They are Ph.D.s. the Na- know that the U.S. Senate is sending rorism. tional Security Agency is the largest our thoughts and our prayers to you These dedicated, patriotic, intel- employer of mathematicians in Amer- during this difficult time. ligence professionals want to operate ica. They are the cyber geeks. Many of Madam President, I wish to speak under a rule of law. They want to oper- them are whiz kids. They are the treas- now about where we are in terms of our ate under a rule of law that is constitu- ured human capital of this Nation. If parliamentary situation. Once again, tional, that is legal, and that is author- they had chosen to go to work in dot- here we are in the Senate where, when ized by the U.S. Congress. They are com agencies, they would have stock all is said and done, more is getting ready to do their job, but they are won- options and time off and financial re- said than is getting done. I am a very dering when we are going to do our job. wards far beyond what government strong proponent of the oath I took to Congress needs to pass a bill, as service can offer. We need to be able to defend the Constitution of the United promptly as it can, that is constitu- support them, again, by providing States against all enemies. By that I tional, legal, and authorized. them with the legal authority nec- mean we have to be able to protect this We on the Intelligence Committee essary. country. We need to have a sense of ur- have worked long and hard on such a Remember, that section 215 is such a gency about it. legislative framework. We have cooper- small aspect of what these intelligence I am not only disappointed, I am ated with members of the Judiciary agencies do as they stand sentry in deeply, deeply, deeply frustrated that Committee, including Senators GRASS- cyber space protecting us. People act the key authorities of the PATRIOT LEY of Iowa and LEAHY of Vermont, as though that is all NSA does. They Act expired last night, when we had a who have also worked on this. We haven’t even bothered to educate them- path forward on legislation that would worked together putting our best ideas selves as to the legality and constitu- be constitutionally sound, would be forward, doing the targeted reform tionality of where we are. legal, and would be authorized. But that was essential, not pursuing unilat- Now, let’s say where we are and let’s what did we do? We got ourselves into eral disarmament, and we now have say where we have been. Much has been a parliamentary quagmire with the fil- legislation called the USA FREEDOM said about the PATRIOT Act. It has ibuster of one individual, which now Act. Is it a perfect bill? No, it is not been sharply criticized. There has been has left us exposed in the world’s eyes. perfect, but it is constitutional. If we no doubt that it does require reform. Major authorities were given to our pass it, it will be legal, and it will be That is why the Congress, in its wis- intelligence community to be able to authorized. dom, when it passed the bill right after pursue the surveillance of potential I know the Presiding Officer is a 9/11, put in the safeguard of periodic terrorists, and they have expired. military veteran and I support her for sunsets so we could take a breather Those authorities included ‘‘lone wolf,’’ her service. The Presiding Officer and reexamine the law to make sure the roving wiretap, and some other as- knows what it is like when people try what we did was appropriate and nec- pects involving surveillance, and we to trash America. essary. have just let them expire at midnight. Ever since Eric Snowden made his al- Congress did pass the PATRIOT Act Right now, I hope we do what we can to legations, the wrong people have been so the men and women at the intel- pass the USA FREEDOM Act without vilified. The men and women of our in- ligence agencies worked under what delay. We need to get these authorities telligence agencies have been vilified they thought was the rule of law that restored. Do we need reform? Abso- as if they were the enemy or the bad Congress supported. President George lutely. But let’s not delay. Let’s get it guys. Bush also told us and his legal advisors going. I have the great honor to be able to told us that it was constitutional, so Others are going to speak later on represent the men and women who people believed it. Those men and today on the merits of the USA FREE- work at the National Security Agency women at the intelligence agencies DOM Act. I believe it is our best oppor- and some other key intelligence agen- thought they were working under legis- tunity to protect the Nation, while bal- cies located in my State. They work a lation that was constitutional, legal, ancing privacy and constitutionally ap- 36-hour day. Many times they have and authorized because we passed it. proved surveillance. I do support re- worked a 10-day week. When others Well, now others say it wasn’t. Others forming the PATRIOT Act, but I don’t have been eating turkey or acting like even want to filibuster about it. They support unilateral disarmament. I turkeys, they were on their job, doing want to quote the Founding Fathers. don’t want to throw the PATRIOT Act their job, trying to protect America. Well, I don’t know about the Founding away. I don’t want to throw away our Let me tell my colleagues, these peo- Fathers, but I know what the ‘‘found- ability to place potential terrorists ple who work for the National Security ing mothers’’ would have said. The under surveillance. I don’t want to give Agency, for the FBI, and other intel- ‘‘founding mothers’’ would have said in under the guise of some false pre- ligence agencies are patriots. They are get off the dime and let’s pass this leg- tense about privacy where we say, deserving of our respect, and one way islation. Well, gee, I worry about my privacy, so to respect them is to pass the law We do need good intelligence in a the terrorists don’t need to worry under which they can then operate in a world of ISIL, al-Nusra Front, and Al about us being able to pursue them. way that is again appropriate. At Qaeda. NSA is one of our key agencies Our Nation needs to know that when times, these men and women, ever on the frontline of defense, and the bad guys with predatory intent are since Eric Snowden, have been wrongly people of the National Security Agency plotting against the United States of vilified by those who don’t bother to make up the frontline. As they looked America, we are going to know about it inform themselves about national secu- at audits, checks and balances, and and we are going to stop it. We are rity structures and the vital functions oversight, there was no evidence ever going to know about it because we they perform. Good one-liners and of any abuse of inappropriate surveil- have the legal authority to track them, snarky comments have been the order lance on American citizens. We need to put them under surveillance, and we of the day. know that and we need to recognize are going to stop them before they do Now, the National Security Agency that. Those employees thought they very bad things to our country. is located in my State, but I am not were implementing a law, but some in The purpose of my comments today here because it is in my State. I am the media—and even some in this is to stand up not only for the ability here because it is located in the United body—have made them feel as though to have a law but also for the men and States of America. Thousands of men they were the wrongdoers. I find this women who are working for the intel and women serve in silence without insulting and demeaning. agencies—for the people who work at public accolades, protecting us from The morale at the National Security the National Security Agency in my cyber attacks, against terrorist at- Agency was devastated for a long time. own State, the FBI, and other agencies tacks, as well as supporting our war People were vilified, families were har- within our intel community who are fighters. I wish the Presiding Officer assed for even working at the NSA,

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It is were attacked by sequester and they mittee together doing everything we an impossibility, No. 1. felt under attack by a government can to provide our country with the op- No. 2, it is guaranteed that this is not shutdown because many of them were portunity to protect Americans from happening because the authorities civilian employees at DOD—they were harm. given to the National Security Agency not paid—and now Congress’s failure to The threat to Americans today has prevent that from happening. There are reform national security has further never been greater. We are dealing with layers and layers of attorneys and oth- then said: We can take our time. What fires raging in the Middle East and ter- ers who oversee this process, including you are doing is important, but we rorist groups forming as we speak, tar- those of us in the Intelligence Commit- have to talk some more. geting the United States and Ameri- tees in the Senate and the House, the Gee, we have to talk some more. cans, and inspiring Americans to take Justice Department, and the executive What do you mean we have to talk up arms against their fellow citizens branch. All three branches of govern- some more? The only person in the for whatever jihadist cause they are ment are so concerned that this pro- Chamber is my very distinguished col- using as the basis for the brutality that gram could potentially be abused that league, the distinguished colleague is spreading throughout the Middle the oversight is such that it would from Indiana, whom I work with in East and that can happen here if they take a monumental conspiracy, involv- such a wonderfully cooperative way on respond to these inspirational social ing hundreds and hundreds of people, to the Intelligence Committee. You know media requests from organizations all agree that, yes, let’s do this and we are not bipartisan, we are non- such as ISIS, Al Qaeda, and many oth- breach the law. partisan for the good of the country. ers. If what has been said on this floor Where is everybody who wanted to I understand Americans’ frustrations about the nature of this program was speak? Do we see 10, 20, 30, 40, 50 Sen- and concerns about their civil liberties correct, I would be the first to line up ators lined up waiting to speak? No. We and privacy. Those concerns have been and say I am here to defend the lib- have to kill time. I don’t want to kill bolstered by acts of government that erties that are being abused by the gov- time. I am afraid Americans will be can hardly be explained. Look at what ernment. I guarantee to my constitu- killed. We have to get on this legisla- has taken place with the IRS. Talk ents that this is a high priority for me, tion and we have to get our act to- about targeting people, invading their that I do not support anything that gether and we have to pass it. I want privacy and civil rights and using the would violate their civil rights or vio- the people to know we cannot let them organization of government for polit- late their privacy. That is true of those down by our failure to act and to act ical purposes is outrageous. Of course, of us on the Intelligence Committee, promptly. people are up in arms about all of this, whether we are a Democrat or Repub- I come to the floor to say let’s pass the debacle of Benghazi and Fast and lican. the USA FREEDOM Act and let’s do it Furious and on and on over the years. We have heard today from Senator as soon as we can. I know a vote has One can go into what has happened to KING, who is on the committee. We been set for 11 o’clock tomorrow. That instill distrust in the minds of the have heard from Senator MIKULSKI of means that it will be almost 35 or 36 American people. Maryland, who spoke. We heard from hours since the authorities expired, When a program such as this comes Senator NELSON, who was formerly on and then it has to go over to the House. along and, unfortunately, the Amer- the committee on the Democratic side. So let’s move it and let’s keep our ican people are told by Members of this On the Republican side, our leader of country safe and let’s get our self-re- Congress falsehoods as to what this the committee, Senator BURR, has laid spect back. program is and what it isn’t, it just out in great detail how this works. For those who looked at our country, feeds the narrative that Washington is The tragedy is that in being forced to there were three attitudes toward in their bedroom, Washington is in describe what the program is and what America: One was great respect for who their home, it is in their phone, it is it isn’t, we have had to declassify infor- we are, our rule of law; the other was listening to their calls—Washington is mation. Guess who is listening. our fear, because we were once the ar- monitoring everything they do—their I hope a lot of the American people senal of democracy; and, third, the locations. are listening because they need to un- yearning to be in a country that This simply is not true. We have an derstand that much of what they have worked under a Constitution, a Con- organization and tools put in place heard is simply a falsity. It is factually gress that worked to solve the prob- with that organization, the National incorrect. lems of our Nation. Can we get back to Security Agency, following the tragic I am not going to go into why this that? I know the Presiding Officer events of 9/11 that the American people has happened, why some Members wants to get back to that. I know my insisted on putting in place. Let’s use choose to say things like—and I am colleague here wants to be part of that. the tools that we can to try to prevent stating what has been said on this Let’s get back together, where shoul- another 9/11 from happening, to try to floor—‘‘Big Government is looking at der to shoulder we shoulder our respon- identify terrorist attacks before they every American’s records, all Ameri- sibilities, pass the legislation we need happen, not to clean up after they hap- cans’ phone records all the time. They to, protect our country, respect the pen. have said the NSA collects Americans’ men and women who work there, and The frustration for those of us on the contacts from address books, buddy say to any foe in the world that the Intelligence Committee is we are not lists, calling records, phone records, United States of America stands united able to come down and refute state- emails, and do we want to live in a and is willing to protect us, and to the ments that are false that are made world where the government has us men and women who work for us in na- here without breaching our oath not to under constant surveillance?’’ tional security, we will support you by release classified information. We have None of us want to live in that kind passing legislation promptly that is had briefings with all of our Members. of world. That is why we live in Amer- constitutional, legal, and authorized. Some don’t choose to attend, and ica. That is why America is what it is. Madam President, I yield the floor. therefore their narrative continues This is not Stasi Germany. This is not The PRESIDING OFFICER. The Sen- without any ability to publicly chal- a Communist regime. This is not a to- ator from Indiana. lenge what is being said. It has been talitarian society. We would not allow Mr. COATS. Madam President, I said on this floor that Big Government that here. Our Constitution guarantees want to thank my colleague from is listening to everyone’s phone calls. privacy and we cherish that privacy Maryland, a member of the Senate In- That is patently false. and we protect that privacy. But to

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Unfortunately, he Justice and the administration, and statements such as those is irrespon- doesn’t have the support of the Su- which has the oversight of the Federal sible, and it is a narrative that is just preme Court that has dealt with this intelligence court called FISA—all of not the case. issue, nor the constitutional lawyers. that security oversight—to make sure Poor Ben Franklin has been dragged That is a case that just simply cannot there is no breach will now get trans- into this because the quote that has be made because it doesn’t impede on ferred over to up to 1,400 telephone been attributed to Franklin that anyone’s liberty. companies. should drive our decision on this point Again, I would say, if it did impede The people who oversee this pro- was: ‘‘Those who would give up essen- on Americans’ liberty, I would be the gram—it is a very small number at tial Liberty to purchase a little tem- first in line to state that and to fight NSA who operate this program—have porary Safety deserve neither Liberty against it. But it is a solution to some- had intensive background checks and nor Safety.’’ thing that is not a problem. security clearances. They have proven I agree with that, but the key word But secondly, because one individual their commitment to make sure—to do here is ‘‘essential.’’ This matter has would not grant even the shortest of everything possible not to abuse this come before the Supreme Court, and extensions, even an extension on two program. There has never been a docu- the Supreme Court has said that what noncontroversial parts of this program mented case, never one case of an the NSA is doing in storing phone num- that no one has challenged, to allow abuse of this program—again, a solu- bers only—not names, not collecting that to go forward so that we could tion to something that is not a prob- information—is not essential to lib- keep something in place to address a lem. erty. They have declared it as a nec- potential threat that could happen— All of a sudden, now we will have doz- essary, effective tool that is open. The even that was denied us last evening as ens, if not hundreds, if not more than only information that is in your phone the clock was ticking toward midnight, 1,000 phone companies all putting their record is the date of the call, the num- and the program expired. Someone who own programs in place. This is not ber called, the duration, and the time is so determined to eliminate this en- something they would like to do, No. 1, of the call—nothing more than that. tire program, who has misrepresented because it is going to be very costly, Why is this done? It is done so that this program to the American people, and, No. 2, they cannot guarantee that when we determine the phone number so determined to stay with his nar- every one of their people is going to of a known terrorist in a foreign coun- rative that he would not even allow an have the same kind of background try, we can go into that haystack of hour, not even allow a day, not even check and security check NSA has. phone numbers and say, Was that allow minutes for us to try to reconcile They will not have the oversight of the phone number connected to a phone the differences here with the House of Intelligence Committees, of the Justice number held by someone in America? Representatives—and those differences Department, of the executive branch. In fact, the former Director of the are pretty small. We are trusting a private entity to do CIA said that we likely would have pre- Senator BURR has been in negotia- the kinds of things that multiple agen- vented 9/11 because we now know that a tions with the House and with Mem- cies do. And you can just count on phone number in America was con- bers of the Senate relative to some probably some breaches of security nected to a phone number of a terrorist changes and modifications in the USA there as people want to use the capa- group—Al Qaeda—and we could have FREEDOM Act, which was supported bility to abuse that program for what- taken that information to the FISA by a significant bipartisan majority in ever reason—maybe checking up on Court or to a court and gotten permis- the House of Representatives. I think their wife or their girlfriend or their sion to check into that to see if that that is a step in the right direction. It business partner or who knows for was leading to some kind of terror at- does not solve all of the problems. My what possible reasons they could use it. tacks. concern with the FREEDOM Act is a So it really does not add privacy pro- It doesn’t take much to recall the concern of many; that is, the act has tections; it detracts from privacy pro- images of what happened on 9/11, where some major flaws, some of which I tections. we were, what horror we stood and thought were fatal. But I have to meas- Secondly, the retention of records is watched coming over the airwaves, and ure that against nothing. voluntary. Now, if we have some the tragedy and the loss of life that Thanks to the procedural maneu- amendments that are passed by this took place, changing the face of Amer- vering by one Member here, we have body and accepted by the House, we ica. been left with only two choices. The will get notification if a company does So it is important that we tell the Senate majority leader laid those out not want to retain those records. But American people what it is and what it with some clarity yesterday and today. there is no retention authority granted isn’t. It is important that Members The choices are completely eliminate here to us to ensure that those compa- take responsibility to understand this the program, go completely dark, take nies will keep any phone numbers, and is an issue that rises above politics. away this tool, and put Americans then the capability of the program will This is an issue that cannot be used more at risk—thanks very much, but it be significantly reduced. and should not be used for political is over and try something else—or a We are having to look at a very so- gain, whether it is monetary gain or provision that has been passed by the phisticated program that the NSA whether it is feeding a base of support House of Representatives that moves says: We are not sure it is going to that responds to the scare tactics of collection of the phone numbers from work. We are not sure if this process America listening to all of your calls, NSA to the telephone companies. The that the FREEDOM Act requires to re- Big Government in all of your business. problem with the bill is that it does place what we have now is going to be This is too important an issue. This not mandate that movement. It is a effective. is about the safety of America. This is voluntary act that the phone compa- It is going to take many months to about preventing us from terrorist at- nies are most likely not going to want determine if that is the case. So it is tacks. The threat is real, and it is more to adhere to, primarily because they an untested program that we are put- real than it has been in a long, long now have to set up a situation where ting a bet on that this is going to work. time. they potentially could be liable for It would be nice to know we had some- So I talked yesterday about the ex- breaches of the people who are over- thing in place we can easily replace isting program, what it was and what seeing their program. this with. So we are going from the it isn’t. It has been talked about by my There are 1,400 telephone companies known to the unknown. We are making colleagues on the floor. We have moved in the United States. Many of them are a bet that this is going to be more ef- to a point where we have to choose be- small. But to move this program, fective and provide more privacy for tween the better of two bad choices. which has six layers of oversight at the American people. It is a diminish- One choice is that we eliminate the NSA, which has the oversight of the ment and a significant degradation of program. One of our Members in the Senate Intelligence Committee and the the current program. It will not be as Senate has publicly indicated that is House Intelligence Committee, which effective as the program that is cur- what he wants to do. He claims it is has the oversight of the Department of rently in place. Nevertheless, we have

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The Sen- speak, unanimous consent means no- that will give us more assurance that ator from Ohio. body comes to the floor and objects. we have a program in place that does Mr. BROWN. Madam President, I ask That means unanimous. It means that not breach privacy but allows us to de- unanimous consent that following my we move together as one to try to do tect potential terrorist attacks and remarks, Senator BLUMENTHAL be rec- something which obviously adds to our stop those attacks before they take ognized. GDP, helps our workers, and helps our place. The PRESIDING OFFICER. Without community. Having had to go through all of this objection, it is so ordered. In places such as Columbia and in and raise these kinds of issues here and Mr. BROWN. Madam President, I ask Mahoning County in Ohio, in places talk about a fellow colleague is not unanimous consent to speak as in such as Dayton and Toledo, I know fun. It is not something I hoped I would morning business. what globalization has done for our ever have to do. But I could not stand The PRESIDING OFFICER. Without economy. I know that when we can do by and watch a program that is helping objection, it is so ordered. some things like the Export-Import protect American people from known CONDOLENCES TO THE BIDEN FAMILY Bank and a long-term transportation terrorist threats and let their safety be Mr. BROWN. Madam President, first, bill and actual planning, it helps the jeopardized by falsehoods that are I want to offer my deepest sympathy economy grow. being said about what this program is and condolences to Vice President I know what the plant closings in and is not. BIDEN and the entire Biden family. The those communities have meant to It looks like we are coming together Vice President has been met with more places such as Mansfield and Gallopolis on something that is far from what we personal tragedy than any person and Lima and Hamilton. When a plant need, that is going to significantly de- should have to endure in any lifetime. closes, it not just hurts that family or grade our capability, but it is the only He has faced it all with remarkable the employee, it hurts the business, it choice that we have. We are going to grace. He has persevered to accomplish hurts the community, and it hurts the have to weigh that decision. Is some- so much good for his family, for his local hardware store and everybody thing that is far less better than noth- State, and now for his country. We are else. ing? Ultimately, given the fact that all indebted to him for that. I know he We know the Ex-Im Bank supports these threats have never been greater, and Jill and the whole family are in thousands of businesses, large and something—even if it is not what we our thoughts and prayers today. small, and hundreds of thousands of now have—something is better than EXPORT-IMPORT BANK American jobs. According to the Ex-Im nothing. Madam President, turning to the Bank’s estimates, it supported $27 bil- But we have been put in this situa- business before the Senate this lion in exports and 160,000 American tion unnecessarily by misrepresenta- month—business that should be in jobs. It is supporting $250 million in tions and a public that has not been in- front of the Senate this month—the deals in just Ohio alone, my State, 60 formed. It is not their fault. We have Senate banking committee will hold percent of which went to small busi- not been able to because so much of two hearings beginning tomorrow on ness. this has been classified. Now, much of the Export-Import Bank. It is urgent Opponents who like to talk about it is. Our adversaries, the terrorist that the Senate move to reauthorize corporate welfare—the same people groups, know a lot about the program the Ex-Im Bank before the charter ex- who by and large vote for trade agree- they did not know about before. pires on June 30. ments and tax cuts for the wealthy and Thanks to Edward Snowden and thanks Frankly, I find it both curious and trickle-down economics—those same to some misrepresentations, we are left alarming and also troubling that we people say this is corporate welfare. with the devil’s bargain, and that is to seem to be doing this over and over. We No, really, it isn’t. Our government choose the best of the worst. do a transportation bill only for a few actually makes money on this, and it We will talk this through today. We weeks or a few months. We do the Ex- is aimed primarily at small businesses. will have a vote tomorrow. In my Im Bank for only a few weeks or a few The Ex-Im Bank fills gaps in private mind, it is absolutely essential that months. When we act that way, it is export plans. It charges fees, and it the modifications that are being made, wasteful, it is alarming to many, and it charges interest on loan rate-related that are being presented—I will not go makes it almost impossible for compa- transactions. The Ex-Im Bank covers into depth about those. It has already nies and State departments of trans- its operating costs and its loan costs. been talked about here. It is essential portation and State development agen- Last year, Ex-Im returned $600-plus that those be passed by this body. It is, cies to plan. It means that far too million to our Treasury. So it doesn’t of course, essential that the House ac- many companies simply cannot attract cost taxpayers; it actually brings cept them. I know a lot of negotiation the investment they need because of money to our country—money that has gone on back and forth, and it will the uncertainty. otherwise might go to foreign imports. continue. But it is the only way to When I hear people complain in this If we don’t have a big enough trade def- keep a program in place. Even as de- body about the uncertainty of govern- icit, this would make it worse. graded as it is, even as compromised as ment and of government acting, and We know that our competitors have it is, it is the only way to keep a pro- then it is those same people who so their own export-import banks. There gram in place. often block the Export-Import Bank, are some 60 of these around the world. So I will be supporting those tweaks, who want to stumble along for a few Why should we unilaterally disarm and those changes, even though I think weeks of reauthorization or block a put our manufacturers and exporters at they are far short of what we need to transportation bill—that clearly under- a competitive disadvantage? That is do to fix the issue that was rushed mines the ability for our economy to what we will do if the Bank’s author- through the House without much delib- grow and clearly undermines and ization expires at the end of this eration. But to make it stronger, to erodes any kind of investment and month. We need to give our companies, put it in a better position, I will sup- planning we should be doing. our businesses, and our workers the port those. If those amendments can be In today’s global economy, we should same leg up as they compete around passed, then I will reluctantly choose provide American businesses with pre- the world. This should be about as ob- to vote for something that is better dictability and support to sell their vious as it gets. than nothing, as degraded as it is, in products around the globe. This should Leader MCCONNELL is committed to order to keep this program as one of not be controversial. Like the Trans- giving us a vote on Ex-Im reauthoriza- the essential tools—one of many—as portation bill, the Export-Import tion before it expires. I hope that he

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So as a part of this managed the trade bill that pushed all they are faithfully executed, which is reform, I have worked hard and pro- of this into this week and, as Senator the role and the responsibility of the posed, in fact, for the first time a bill COATS said rightly, caused this law to Foreign Intelligence Surveillance that would create an adversarial proc- expire, which was a mistake. Court in the first instance. There are ess—two sides represented before the We should be planning here better. means of appeal from that court, but, court. We should be coming together on issues as with many courts in our system, A bill that I sponsored in 2013 to re- where we can come together. We could that one is likely to be the end destina- form the Foreign Intelligence Surveil- have come together earlier on NSA. We tion on most issues, particularly since lance Court was joined by 18 cospon- could have come together earlier on it operates in secret. sors. I thanked them for their support, trade a little bit better. We can cer- The USA FREEDOM Act goes in the both sides of the aisle. The basic struc- tainly come together on a transpor- right direction by making it more tures that I proposed are reflected in tation bill and an Ex-Im Bank bill. transparent and requiring the disclo- the USA FREEDOM Act today. I urge my colleagues in the House to sure of significant decisions and opin- act to reauthorize the Bank. Sup- ions when it is appropriate to do so and Colleagues worked with me—and porting U.S. exports should be a cause under circumstances that in no way have since—on formulating that bill we all get behind. We have seen too should involve compromising our na- and in arriving at this moment where many issues come out of this Senate tional security—striking, again, a good the central goals would be accom- with bipartisan support, only to watch balance. plished by section 401 of the USA them die a partisan death in the House. But this Court, we have to recognize, FREEDOM Act, which provides for the We can’t let that happen with the Ex- is an anomaly in an open, democratic appointment of individuals to serve as port-Import Bank. system. Its secrecy makes it an anom- amicus curiae—friends of the court—in Once again, I hope my colleagues will aly. It works in secret, it hears argu- cases involving a novel or significant join in pressing our counterparts in the ments in secret, and it issues opinions interpretation of the law. in secret. Its decisions are almost House to get this done. We need to do That provision would be egregiously it. The House needs to do it. We need to never reviewable. It is, unlike most of our institutions, opaque and unac- undercut—in fact, gutted—by McCon- provide American workers the support nell amendment No. 1451 because it they need to sell our products around countable—understandably so because it deals with classified, sensitive infor- would prevent these lawyers—the ami- the globe. mation, protecting our national secu- cus curiae who would be selected by I yield the floor. the court—from obtaining the informa- The PRESIDING OFFICER (Mr. rity against threats that cannot be dis- closed when they are thwarted in many tion and taking the actions they need COATS). The Senator from Connecticut. to advance and protect the strongest Mr. BLUMENTHAL. Mr. President, I instances. The success of actions re- and most accurate legal arguments, feel my speaking at this moment is ap- sulting from the FISA Court are most and that is really eviscerating the ef- propriate because much of what I have valuable when they are known to most fectiveness of this provision as a pro- to say follows logically from the last American people. So this court is special. It is dif- tection. It is a protection of our rights words of the Presiding Officer when he ferent. But let’s not forget that if we and liberties because these amicus cu- spoke recently on the USA FREEDOM were to say to the Founders of this riae would be public advocates pro- Act because I agree with the Presiding country that there will be a court that tecting public constitutional rights, Officer when he said we need a bill. We works in secret, has hearings in secret, and they would help safeguard essen- need to move forward and approve re- issues opinions that are kept secret, tial liberties not just for the individ- forms and changes in the law that are and its decisions will have sweeping uals who might be subjects of surveil- contained in the USA FREEDOM Act. consequences in constitutional rights lance, whether it be by wiretap or by We may be in disagreement about some and liberties, they would say: That other means, but for all of us, because of the specifics. We may be in conten- sounds a lot like the courts that were the Foreign Intelligence Surveillance tion about the extent of the changes abhorrent to us, so much so that we re- Court is a court. Its decisions have the made. But there is a general consensus belled against the Crown, who said in force of law. Its members are article III that this decade-and-a-half old law is the Star Chamber, in courts that Eng- judges selected to be on that court, in some need of revision. land had at the time, that there was no sworn to uphold the law, both constitu- The USA FREEDOM Act contains need for two sides to be represented or tional law and statutory law. many important and genuinely worth- for openness. Secret, one-sided courts So this provision, in my view, is fun- while changes in the rules that will were one of the reasons we rebelled. damental to the court as a matter of apply as the United States helps to Men and women laid their lives on the concept and constitutional integrity. protect our security but also to safe- line. They lost their homes, treasures, That integrity is important because it guard and preserve essential rights and families, and paid a price for open and is a court, but it is also important to liberties. That is the balance which democratic institutions. needs to be struck. It is a difficult bal- So we should be careful about this the trust and confidence the people ance in a democracy, one of the most anomalous court. It may be necessary, have in this institution. difficult in an area where secrecy has but we should try to make it work bet- I was a law clerk to the U.S. Supreme to be maintained because surveillance ter, and we have. Court—specifically to Justice Black- is more useful if it is done in secret, Transparency in the issuance of opin- mun—and I well recall one of the Jus- but at the same time, rights need to be ions is very much a step in the right di- tices saying to me: You know, we don’t protected in an open society that rection where the issues are significant have armies; we don’t have police prides itself on transparent and acces- and the transparency of those decisions forces; we don’t have even the ability sible courts. is consistent with our security at the to hold press conferences. What we Changes in the rules are welcome, moment. There may be a delay, but we have is our credibility and the trust such as the end to the present system should remember that the bulk collec- and confidence of the American people. of bulk collection of phone data. We tion of phone data, which the U.S. That is so fundamental to the courts may disagree on that point. Changes in Court of Appeals for the Second Circuit of this Nation that consist of judges the rules that I support may not be said was illegal, persisted for so many appointed for life, without any real di- supported by many of my colleagues. I years because the decision itself was rect accountability, as we can be held believe the USA FREEDOM Act goes in never made known to the American to through the election process. the right direction on bulk collection people. of phone data by ending the current There is another reform that I think The Foreign Intelligence Surveil- practice in its present form. is equally if not more significant. lance Court has taken a hit in public

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.033 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3397 trust and confidence. There is a ques- court had been given the opposing side cantly restrict the experts in their tion about whether the American peo- of the argument, the argument that going to legal precedents, petitions, ple will continue to have trust and con- eventually prevailed in the U.S. Court motions or other materials that are fidence and whether that sense of legit- of Appeals for the Second Circuit by a crucial to making a well-reasoned ar- imacy and credibility will continue. unanimous bench. gument. It would restrict their access The best way to ensure it is, is to make So the court really deserves this ex- unnecessarily and unwisely; thereby, the court’s process as effective as pos- pertise. It deserves the other side and endangering those rights and liberties sible not just in the way it operates it deserves to hear both sides of the ar- the public advocates are there to pro- but in the way it is seen and perceived gument. Just to clarify, those two tect. It would also restrict their ability to operate, the way the American peo- sides of the argument should not be in to consult with one another and share ple know it should operate, and the any way given so as to detract from insights they may have gained from re- way they can be assured that their the time necessary. If it is an urgency, lated cases as government attorneys rights are protected before the court by the warrant should be issued and the are currently able to do. an advocate, an amicus curiae who will arguments heard later, just as they are By undercutting these essential abili- protect those rights of privacy and lib- in criminal court. When there is an exi- ties and authorities, this amendment erty that are integral to our Constitu- gency of time—and I have done it my- would hamstring any independence, tion—and the reason why the Founders self as a prosecutor—the government’s both in reality and in perception; rebelled against the English. lawyer should go to the judge, be given thereby, also undercutting the trust But there is another reason an advo- approval for whatever is necessary to and confidence this act is designed to cate presenting the side opposing the protect the public or gain access to bolster and sustain. government is important to the For- records that may be destroyed or oth- In short, I know many people of good eign Intelligence Surveillance Court; erwise safeguard security, public safe- conscience may disagree over the best that is, everybody makes better deci- ty, and that should be the rule here way to reform this law. I accept and I sions when they hear both sides of the too. welcome that fact. I welcome also my argument. Judges testified at our hear- Now, in the normal criminal setting, colleagues’ recognition that an amicus ings in the Judiciary Committee about at some point, a significant issue of curiae procedure in some form would the importance of hearing both sides of law is going to be litigated if the evi- benefit this court, but I urge my col- the argument, whether it is a routine dence is ever used, and that is the basic leagues to reject an amendment that contract case or a criminal trial— principle here too. If there is a novel or would lessen its constructive and bene- where, by the way, often a judge’s significant issue of law, it should be ficial impact. worst nightmare is to have the defend- litigated at some point, and that is We have already delayed long ant represent himself because the judge where the amicus curiae would be in- enough. This amendment would not is deprived, and so is the jury, of an ef- volved. Security clearance is essential, only weaken the bill, it would exacer- fective argument on the other side of timing is important, and there should bate the delay by sending this bill back the government. And so, too, here we be no compromise to our national secu- to the House. We all want to avoid a were told again and again and again by rity in the court hearing the argument very potentially troubling delay in ap- the judicial officers who testified be- that the advocate may present on the proving this measure. I have been dis- fore our committee—and I have heard other side. It can only make for better mayed by the divisions and delays that it again and again and again as I have decisions. In fact, it will benefit all of have prevented us from finally approv- litigated over the last 40 years—that our rights. ing the USA FREEDOM Act before the judges and courts work best when they These provisions were written in con- existing law expires. We should move hear both sides. sultation with the Department of Jus- now. We should act decisively. We I have no doubt the judges of the tice attorneys who advocate before the should adopt the USA FREEDOM Act FISA Court believe as strongly in con- FISA Court. They are supported by the without amendment No. 1451, which stitutional rights and implementation Attorney General and the National Di- would simply further erode the trust of the Constitution as anyone in this rector of Intelligence. They reflect the and confidence, the legitimacy, and body, including myself. I have no doubt balance and compromise that appear credibility of the Foreign Intelligence government litigators who appear be- throughout the USA FREEDOM Act. Surveillance Court. fore the court representing the intel- Amendment No. 1451 would upset this I urge my colleagues to join me in ligence agencies seeking warrants or balance. It would strike the current voting against this amendment, pass- other actions and approval by the provisions providing for the appoint- ing the USA FREEDOM Act in its cur- court have a commitment no less than ment of a panel of amicus curiae—the rent form, avoiding the delay of send- anybody in the United States Senate, provisions that represent a carefully ing it back to the House and then po- including myself, to those essential crafted balance—and it would com- tentially having it come back to the values and ideals. But courts are con- promise those provisions in a way that Senate, so we can tell the American tentious. They are places where people need not be done because this balance people we are protecting the strongest, argue, where sides—different sides—are has the support of numerous stake- greatest country in the history of the represented with different views of holders, from civil liberties groups to world from some of the most pernicious complex questions, and these issues be- the intelligence community, and it and perilous terrorist forces ever in the fore the court are extraordinarily com- would replace this balance, this insti- world’s history. plex. They also involve technology that tution, with an ineffective, far less val- Mr. President, I yield the floor. is fast changing and often difficult to uable advocate. I suggest the absence of a quorum. explain and comprehend and is easily There is no need to water down and The PRESIDING OFFICER. If the minimized in the consequences that undercut and eviscerate the role of the Senator will withhold his request, we may flow from approval of them. independent experts by removing re- may have a Member who would like to So the USA FREEDOM Act would quirements for the court to appoint a seek the floor. provide for, in effect, a panel of advo- panel of experts to be on call, for the Mr. BLUMENTHAL. I will withhold cates and experts with proper security experts to receive briefings on relevant my request, and I will just add, while clearances that the court can call upon issues, and significantly to provide we are waiting for my colleague to to give independent, informed opinions those experts with access to relevant take the floor, that I want to join a and advocacy in cases involving a novel information. Those provisions are un- number of my colleagues and speak on or significant interpretation of law, necessary and unwise and, therefore, I another matter. not in every case, not every argument oppose strongly amendment No. 1451 REMEMBERING BEAU BIDEN but where there is, for example, the because it does unnecessarily and un- Mr. President, I join many of my col- issue of whether the statute authorizes wisely weaken the role of these experts leagues in our feelings and expressing the bulk collection of phone records. and amicus curiae. deep sadness on the loss of Beau Biden, I tend to think the outcome would Equally important, amendment No. one of our Nation’s greatest public have been different in that case if the 1451 would limit access and signifi- servants, one whom I was privileged to

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.034 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3398 CONGRESSIONAL RECORD — SENATE June 1, 2015 join in serving with as attorney gen- Lundin’s son and daughter-in-law, Ray Bartolina. Kadon drew Ernest’s Chi- eral—he as the attorney general of and Cheri Lundin. The girls learned nook medevac helicopter and a jungle Delaware and I of Connecticut. that John wanted to be a farmer after setting of Vietnam. In the helicopter, I knew Beau Biden well and, in fact, completing his Army service and paint- he incorporated photos of men who sat next to him at many of our meet- ed a farm scene on the scoop of a shov- served in Vietnam, stating: ings of the National Association of At- el. On the shovel’s handle, they wrote The reason I made this CH–46 collage of torneys General. There was no one I John’s dates of birth and death in pur- soldiers in Vietnam was to represent Ernest met as attorney general who was more ple to represent his Purple Heart Bartolina and the fallen heroes of the war dedicated to the rule of law, to pro- Medal. Also on the handle, they paint- with the medevac which he died in. I think tecting people from threats to public ed a Bronze Star and a Silver Star— that this is a good representation of him be- cause he volunteered to be in the war. safety, and respecting their rights and medals that John earned while in serv- liberties in doing so. ice. Bismarck High School student His loss is really a loss to our Nation John’s family worked with the stu- Shaydee Pretends Eagle and PFC as well as to the Vice President’s fam- dents to commemorate John’s service. Roger Alberts are both from the Spirit ily and my heart and prayers go out to They mailed the students soil from the Lake Sioux Reservation in North Da- them. I know how deeply the Vice Kansas land where John intended to kota. It is this connection that led President loved Beau Biden and how farm and a small John Deere tractor. Shaydee to research Roger’s life and much, as a dad, his death will unspeak- The students placed the Kansas soil in decide to make by hand a ‘‘God’s eye’’ ably and unimaginably affect him. a jar with North Dakota soil and put for a lost son of the Sioux Tribe. She So, again, I want to express, on be- the tractor on the lid. hand-wove the yarn of her God’s eye in half of Cynthia and myself, our If it works out, John’s son and red and yellow. She hand-beaded ‘‘37E,’’ thoughts and prayers which are with daughter-in-law may try to join the the panel location of Roger’s name on the Vice President and his family at students in visiting the Vietnam Vet- the Vietnam Veterans Memorial wall, this time. erans Memorial wall in November to in black and white. These four colors I yield the floor. place these artifacts by John’s name. are the colors of the medicine wheel— The PRESIDING OFFICER. The Sen- Hunter Lauer and Kyra Wetzel paired very important colors to the Native ator from North Dakota. up to research the life and death of Roy American culture. ARTIFACTS TO HONOR NORTH DAKOTA SOLDIERS Wagner, who was a student at Bis- Let me read what Shaydee said in her WHO LOST THEIR LIVES IN VIETNAM marck High School about 50 years be- own words about honoring Private Ms. HEITKAMP. Mr. President, since fore them. First Class Alberts: March, I have been speaking on the In high school, Roy was a lineman on I decided to make a God’s Eye because as Senate floor about the 198 North Dako- the football team and wore No. 62. Hun- Native Americans, we believe that every- tans who died while serving in the ter and Kyra decorated a Bismarck thing belongs to the Creator; the land, the animals, the food we eat, and ourselves. We Vietnam war. But today I want to talk High School football jersey with Roy’s believe that this life on earth is only tem- about something a little different. I last name and wrote his dates of birth, porary. We believe we were put here to grow, want to talk about projects that were deployment, and death in the numeral love and learn, and then we return home. Our made by the Bismarck High School ‘‘6’’ and the medals received for his culture has made most Natives artists. Some juniors in commemoration of these service and sacrifice in the numeral of the things we do consist of bead work, servicemen who gave the ultimate sac- ‘‘2.’’ Hunter and Kyra compared Roy’s feather work, quill work, cloth work, buck- rifice in Vietnam. football position as a guard to his skin work, painting and dentalium work. All Three Bismarck High teachers, Laura Army position on the battlefield pro- is made by hand, which means whatever we decide to make, we put our mind, heart, and Forde, Sara Rinas, and Allison Wendle, tecting his comrades and his friends. time into. Our elders say, ‘‘always do things are working with their history and Hoping that his tribute to Navy sea- with a good heart,’’ because the energy and English class students to research the man Mitchell Hansey will last a long vibes we have at the time stay with what- lives and deaths of North Dakota’s fall- time, Bismarck High School student ever we are making, which is why I hope I en servicemen in Vietnam. I am Logan Mollman decided to carve put my best into the God’s Eye. partnering with these high school stu- Mitchell’s name into a piece of wood. Taylor Anderson, Austin Wentz, and dents to learn about and to honor these Learning that Mitchell served on the Miriah Leier are 11th graders who cre- men. Navy APL 30 barge during his entire ated a large F4D Phantom plane to In addition to conducting research, tour, Logan hand-carved the full APL leave at the Vietnam Veterans Memo- contacting families, and writing essays 30 emblem into the wood and then pro- rial wall in honor of Air Force Lt. Col. about these North Dakotans who died tected the project with a coat of lac- Wendell Keller. in Vietnam, the Bismarck High stu- quer. The emblem consists of the Stars The students contacted Wendell’s dents took this information and cre- and Stripes on the left, three bars on family, who shared mementos and ated artifacts to further honor these the right, and an apple in the middle photos of Wendell and told them about men. It is their goal to place these arti- for APL, or Auxiliary Personnel Light- Wendell’s life, the 1969 plane crash, and facts by the soldiers’ names at the er. Logan is looking forward to the the 2012 identification of his remains. Vietnam Memorial wall when these placement of his project in honor of The family even mailed the students students come to Washington, DC, this Mitchell at the Vietnam Veterans Me- items recovered from Wendell’s crash fall. morial wall. site, including pieces of a zipper and air Over 150 students worked in groups or Ashley Erickson, Kaleb Conitz, and tube. individually to create some truly Sam Stewart are the three students Taylor, Austin, and Miriah built and amazing artifacts. It was difficult to who researched the life and death of decorated the plane with images of single out a few to share with you Marine Corps Capt. Ernest Bartolina. Wendell and the medals he was award- today on the Senate floor but know Ernest was flying a Chinook heli- ed in recognition of his extraordinary that the artifacts I describe today are copter on a medevac mission when his service. The students named the plane truly examples of this wonderful helicopter was shot down and he was the Carol II, in honor of Wendell’s wife. project that has connected these young killed. To honor him, the students Brenna Gilje and Courtney Hirvela students with the stories and the fami- placed a small Purple Heart Medal on a learned that CPT Thomas Alderson was lies of the young men who gave their model Chinook helicopter. They deco- a multisport athlete and lettered in lives for our country almost 50 years rated the board that holds the heli- tennis, basketball, and track when he ago. copter with music notes, because Er- was a student at Grand Forks Central The first artifact I will show you is nest played the French horn, and with High School. for John Lundin. the Marine Corps and Purple Foxes em- Brenna and Courtney contacted the McKenzie Rittel, Emily Schmid, blems to represent that he belonged to school to obtain the school letters and Brittany Hawkinson, and Shelby the HMM–364 Squadron. had a dog tag made with Tom’s infor- Wittenberg are Bismarck High School Kadon Freeman also created an arti- mation on it. In their report, these juniors who reached out to John fact to commemorate the life of Ernest girls noted:

VerDate Sep 11 2014 01:18 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.037 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3399 This letter represents Alderson’s high dents filled the tackle box with a base- loyalty to the Air Force by being ap- school years and it can easily be related to a ball, rocks, shotgun shells, and fishing pointed to the U.S. Air Force Academy lot of teenage boys today. The letter with lures to represent his hobbies. They Board of Visitors. Clearly, his con- the dog tag shows how quickly he had to also decorated the box with pictures of tribution to the U.S. Air Force has grow up and mature in such a short amount of time. As Alderson joined the military, he Michael and the baseball field in Cen- been real. But I think Senator GRAHAM turned in his letter, along with his child- ter, ND, that is named after him. would also be the first one to say that hood, for a dog tag. Finally, the final photo I will show he believes the U.S. Air Force made When McKayla Boehm began her you today is of a young man who was more of a contribution to him than he project, she looked at different sol- impacted in a very meaningful way in did to the U.S. Air Force. I think that diers’ names to find the right person to his research. Zach Bohlin is a talented is one of the reasons he was such a research. She noticed one of the killed- student who carved a piece of wood good U.S. Air Force and Reserve offi- in-action had the same last name as into the shape of North Dakota. Zach cer, and it is also one of the reasons hers, and she started to look into the added a peace sign, the soldier’s name, that we have such affection for him soldier’s family tree and her own fam- and then expressed his own feelings here in the Senate. ily tree. McKayla found that Army about the sacrifice made by the Viet- I have to say that I disagree with SGT Richard Boehm was a cousin to nam soldier he researched. Senator GRAHAM about a great number I would like to share the beautiful her grandfather. McKayla decided to of things. He is a very, very conserv- sentiment expressed by Zach through draw a family tree to show how she was ative Member of the Senate. But we get his project at Bismarck High School. related to Sergeant Boehm. This con- to know one another in this body. I nection made the project that much The empty chair, like Senator GRAHAM. I respect Senator The absence of one voice in the air. more meaningful to McKayla. She had GRAHAM, and I am pleased to come to Emotions take over with fear. the floor today to commend Senator no idea she was related to a soldier who You’re all I can’t hear. GRAHAM for what must be a somewhat was killed in action in Vietnam. Damn the opinions of the world, McKayla added some information It’s only filled with selfish words. emotional milestone as he steps down about Richard by his name on her fam- Scream and never be heard, from the uniform that he has now worn ily tree and wrote a note to him, Keep quiet, carry on Sir. for more than 30 years for our country. thanking him for his service and ex- Bring with you your heartfelt rhymes, I yield the floor. pressing her desire that he were still From the uncharted waters of your mind. I suggest the absence of a quorum. with us so she could have gotten to Take your wounded skin and fly, The PRESIDING OFFICER. The It takes true love to sacrifice your life. know him. This project also empha- clerk will call the roll. sized for McKayla the importance of This project has meant so much to The legislative clerk proceeded to appreciating family and friends be- the families of the soldiers who have call the roll. cause you never know when the people been researched. This project has Mr. MCCONNELL. Mr. President, I who are closest to you may be taken meant so much to these young stu- ask unanimous consent that the order away. dents who are connected in a way for the quorum call be rescinded. Nicole Holmgren, Tiffani Friesz, where, without these three great teach- The PRESIDING OFFICER. Without Brandi Bieber, and Georgia Marion ers, they would never have been con- objection, it is so ordered. looked for Gerald ‘‘Gerry’’ Klein’s fam- nected to those who were killed in ac- f tion in Vietnam. They would never ily members and spoke on the phone MORNING BUSINESS with Gerry’s brother Bob. have appreciated the sacrifice, and, in Bob told the students about Gerry’s many ways, these soldiers would never Mr. MCCONNELL. Mr. President, I life growing up in rural North Dakota, be remembered. ask unanimous consent that the Sen- about being the oldest of five kids and I can’t say how proud I am, as their ate proceed to a period of morning working on the family farm. In fact, Senator, of the wonderful students of business, with Senators permitted to Bob explained to the girls that Gerry Bismarck High School and the great speak therein for up to 10 minutes made the farm his priority, choosing to teachers who have taken on this each. spend all of his free time there. project. It has meant so much to me, it The PRESIDING OFFICER. Without The four students created a farm has meant so much to the families, and objection, it is so ordered. complete with grass, tractors, rocks, I think it has really meant so much to f so many of the Vietnam veterans of my and farm animals to represent the REMEMBERING JOHN G. State who are still with us, who see place where Gerry felt happiest—on the HEYBURN II farm where he planned to return and this period of commemoration—as dic- make his life with his fiancee after tated by the President—as an impor- Mr. MCCONNELL. Mr. President, on serving in the Army. tant time to heal the wounds of Viet- Friday, May 8, I had the honor of pay- Jaycee Walter and Kambri Schaner nam. ing tribute to a dear friend, John decorated a fishing hat to commemo- The PRESIDING OFFICER. The Sen- Heyburn, who passed away on April 29 rate Thomas Welker, a staff sergeant ator from Rhode Island. after a long illness. who served in Vietnam in the Army. COMMENDING SENATOR GRAHAM I ask unanimous consent that the re- The students learned that prior to Mr. WHITEHOUSE. Mr. President, I marks I gave during the celebration of being drafted, Thomas enjoyed spend- understand that the majority leader is his life at St. Francis in the Fields ing his free time fishing with his young on his way here to close out the Senate Episcopal Church in Harrods Creek, family. On the fishing hat, Jaycee and very shortly. I want to take 1 minute KY, be printed in the RECORD. Kambri wrote Thomas’ name and dates to recognize a significant milestone in There being no objection, the mate- of birth and death. On eight fishing the life of one of our colleagues here on rial was ordered to be printed in the lures they hung from the hat, they the floor. That colleague is our friend RECORD, as follows: wrote the names of Thomas’ family Senator LINDSEY GRAHAM, and that [May 8, 2015] members and the awards he received milestone is his retirement from the LEADER MCCONNELL’S EULOGY OF JOHN during his service to our country. U.S. Air Force and Reserve, which he HEYBURN Bailee McEvers, Teagan McIntyre, has served for more than 30 years. I We lost John just a few days ago, but it’s Shandi Taix and Maisie Patzner filled a think that 30 years of service—particu- been a long goodbye. fishing tackle box with items that were larly 30 years of service overlapping And so Martha, as we celebrate John this important to Michael Meyhoff who with the responsibilities of being a U.S. morning, we honor you too. served in the Army during the Vietnam Senator—is something that is worth a Because through it all, you were his most faithful companion, his fiercest advocate, war. kind word. and a cherished lifeline to those of us who These four students communicated The quality of Senator GRAHAM’s loved him dearly. with Michael’s family, who described service was impeccable. He has been And we’re grateful. Michael’s interest in baseball, rock col- awarded the Bronze Star Medal for his Scripture tells us that heaven is a city. lecting, hunting, and fishing. The stu- service. He has been recognized for his And I like to think that even in life John

VerDate Sep 11 2014 03:49 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.042 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3400 CONGRESSIONAL RECORD — SENATE June 1, 2015 would have appreciated the comparison. He Eight years ago in the basement of his Sil- world. I still kept a copy of ‘‘Roots’’ in my loved this city and all that it meant to him— ver Spring home in Maryland, I asked George study which he autographed for me as a the connection it gave him to family and the what he thought of Malcolm’s remarks about birthday gift. We discussed on numerous father he so admired—the opportunity it him in that seminal book. He looked at me times the importance of preserving a bibliog- gave him to help so many others over the and laughed and called it ‘‘a rather inter- raphy of Black writers of the last century. years as a mentor, a friend, a neighbor, and esting distinction.’’ I smiled back and we As a Morehouse graduate of the class of as a wise and patient jurist. continued looking over materials he wanted 1949, the same time Dr. King was at More- John just loved being with people—and we to share with me including letters Alex house, he believed in the philosophy of Dr. loved being with him. He was a man who was wrote to him as he traveled around the coun- Mays and what he did in training and pre- full of life and vigor and a boundless curi- try and the world. From the correspondences paring generations of Black men like him osity about the world around him and the I deduced that he was Alex’s secret weapon. and others at Morehouse who would go on to people who filled it. Last week, George Haley, the man known change the world and better their commu- Above all, though, he was good. to many as ‘‘Ambassador Haley’’ died May 13 nities. They say that politics is a contact sport, at his home at the age of 89 following an ill- George Haley was a first-rate gentleman of which is true. I confess I enjoy it. But it’s ness. No man has had a bigger impact on my the era before and after Jim Crow. In 1963, also true that politics carries temptations life growing up than George Haley. He was Alex Haley wrote in Readers Digest, ‘‘George for all us who are involved in it. Most of us an accomplished lawyer, a United States Haley: The Man Who Wouldn’t Quit,’’ an ar- struggle with those temptations, and some Ambassador, a veteran of the U.S. Air Force, ticle that chronicled the persistent racial occasionally cross the line. Not John. a son of the South, a family man, a More- humiliation he underwent at the University John Heyburn had as much integrity as house man, a thinker of the Black experience of Arkansas. anyone I have ever known. As a young man, and a person who did not allow Jim Crow to ‘‘The first day of school, he went quickly he dreamed of being a politician. But what subdue him when he became the second to his basement room, put his sandwich on he really wanted, I think, was to play a part Black to earn a law degree at the University the table, and headed upstairs for class. He in shaping events—to leave a mark on his of Arkansas. As he would explain later, he found himself moving through wave upon country, his city, his community . . . to live was living in a basement and would go up- wave of White faces that all mirrored the not just for himself but for others. stairs to take his classes. He would go on to same emotions—shock, disbelief, then chok- Like so many other great men, he found serve six U.S. presidents. ing, inarticulate rage. The lecture room was his heart’s ambition in an unexpected place: I met George when I was a teenager look- buzzing with conversation, but as he stepped in the courtroom he came to love, in his ing to explore the possibilities of the world through the door there was silence. He marriage with Martha, and in the sons he and how to better myself living in a father- looked for his seat. It was on the side be- cherished. And in these last few years, he less home. Being raised by a grandmother tween the other students and the instructor. showed his greatness in another unexpected who was doing her best, I had the good for- When the lecture began, he tried desperately way. It was in his heroic struggle against a tune one day of meeting Ambassador Haley, to concentrate on what the professor was terrible illness that he inspired us most with who instantly took interest in me. He treas- saying, but the hate in that room seeped into his optimism and his athlete’s spirit. He let ured my grandmother and congratulated her his conscience and obliterated thought. On us accompany him on the journey, and we on many occasions for her efforts in raising the second day, he was greeted with open we’re the better for it. a Black boy. Not knowing what the future taunts and threats: ‘‘You, nigger, what are To borrow the words of another U.S. Sen- would hold for me as a teenager because I did you doing here?’’ ‘‘Hey, nigger, go back to ator, John taught us how to live and he not have the typical structure of parental Africa.’’ He tried not to hear, to walk with taught us how to die. support, George entered my life, enamored an even pace, with dignity,’’ Alex wrote We will miss his hearty laugh, his kind by my germinating skills as a budding writ- about George in a piece that was a classic ex- eyes, his thoughtful presence. But as we say er. As a mentor, he told me the world was hibit of the Jim Crow era. our final goodbye to this good man, we are my oyster and shared stories of his life with When Dr. King appeared at Kansas State comforted by the thought that he is now in me. University (KSU) in January of 1968, George the heavenly city, where we are told that One day, during one of my regular visits to came with him. Decades later, the university every tear will be wiped away, full of vigor his office, he started asking pointed ques- would invite him to return in 2011 to hear and new life. tions about the unexplained absence of my the rediscovered recordings of King’s re- And we are consoled to think that John dad. I told him the stories my grandmother marks. What was also discovered was an- Heyburn has finally heard those words he shared with me about my father not being at other piece of history: After King’s assas- longed to hear: ‘‘Well done, good and faithful home. He looked at me closely, tense and sination, a handwritten note with George’s servant, enter your master’s joy.’’ upset. He shook his head and told me never name on it was found in his coat pocket. f to feel bad about that because ‘‘the man up- In 2010, during one of his shuttle visits to stairs’’ was in control. He was not an absent Michigan, he asked me to meet him for lunch ADDITIONAL STATEMENTS father. He was a present father who loved at the Westin Hotel in Southfield. There I and always talked about his kids. asked him about the note found in King’s No doubt, having someone of his stature jacket. He said he was happy the new infor- REMEMBERING GEORGE HALEY say that to a lad who was at a crucial stage mation would allow the university to do ∑ Mr. ALEXANDER. Mr. President, I in life was reassuring. Many young men more around race and justice and went on to recently paid tribute to George Haley, today, especially Black boys, need the con- explain how it happened. a distinguished Tennessean and distin- fidence and support of accomplished men King scribbled down names of individuals, who have crossed every Rubicon with grace including George, that he needed to recog- guished American who died at the age and dignity, to tell them that their world is nize before speaking at KSU. George and of 89 on May 13. not going to fall apart and support them in three other university officials, including I ask unanimous consent that the ar- ensuring that they too can be meaningfully then KSU President McCain, had chartered a ticle ‘‘George Haley, the Giant Who and productively engaged and become plane to pick King up in Manhattan, Kansas Never Quit,’’ by Bankole Thompson, change makers. so he could come speak at the university. published in the Michigan Chronicle We developed a father-son relationship. He George Haley believed in education and his and a copy of a resolution passed by told me about Dr. Benjamin Elijah Mays, the life was shaped by seminal events. When he former president of Morehouse College and the Kansas Senate honoring George came out of law school, he joined the law the man who mentored him and Dr. Martin firm of Stevens Jackson in Kansas, which Haley be printed in the RECORD. Luther King Jr. and others. His favorite provided work in the Brown v. Board of Edu- There being no objection, the mate- phrase from Dr. Mays that he left me with cation case in Topeka. rial was ordered to be printed in the was, ‘‘The man who out thinks you, rules I treasured his mentorship. I cherished the RECORD, as follows: you.’’ father figure he was to me. I was honored to [From the Michigan Chronicle, May 18, 2015] He talked about the need for critical have known and spent a significant amount thinkers in the Black community, and said of time with him. I accompanied him to GEORGE HALEY, THE GIANT WHO NEVER QUIT we owed it to ourselves to provide an atmos- events he wanted me to be at. (By Bankole Thompson) phere that would illuminate the brilliance of For instance, when his close friend Simeon Malcolm X, in ‘‘The Autobiography of Mal- Black boys and allow them to grow into Booker, whose groundbreaking coverage of colm X: As Told to Alex Haley,’’ described by manhood and find a sense of achievement. the Emmett Till murder trial made him one Time magazine as one of the 10 best non-fic- He talked about the responsibilities of of the most iconic Black journalists of all tion books of the century, told Alex Haley to writers having the ability and power to nar- time, celebrated his 50 years as Washington remind his younger brother, George Haley, rate and shape history. Black writers in par- Bureau chief for Jet magazine, George asked not to forget that it was because of Malcolm ticular, he believed, should never fail to ar- me to accompany him to the celebration. and others raising hell in the streets as ticulate the Black experience and tell stories The event was a Who’s Who of the Black fighters for racial democracy that George that often could otherwise go missing. He writers world. was able to make it in Kansas where he be- referenced many times the book ‘‘Roots,’’ His lasting impact on me would never wane came the first Black state senator in 1964. written by Alex and how it impacted the with passage of time.

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.017 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3401 Before he became ill, I always expected an Whereas, Haley joined the firm of Stevens, Her tireless efforts and contributions interrogating call from him at the office in Jackson and Davis in Kansas City, Kansas, as dean will be remembered fondly and a sagely voice wanting to know what the lat- who provided legal assistance in the land- will be missed by many. est update was with me, especially if he mark civil rights case, Brown v. Board of Under Dr. Raheim’s leadership, the didn’t hear from me for a month or two. If Education in Topeka, Kansas. Haley then his call went to voice mail, our receptionist served as Deputy City Attorney in Kansas school has developed a campus-wide Pauline Leatherwood, would leave a note to City, Kansas; and Just Community initiative, which ad- say that George Haley called from Maryland. Whereas, In the Kansas Legislature, Sen- vocates for a safer, more diverse com- When my son was born he was excited. He ator George Haley was an advocate for per- munity that is both equal and inclu- sent a Christmas gift for him every year. It sonal liberties and social equity, and a vi- sive. The school has also expanded en- was always predictable—something to keep sionary for inclusion. He was often not sup- gagement between private and public him warm in the winter. We talked about fa- ported by fellow members of the Kansas Sen- agencies, in order to better provide for therhood and the challenges and opportuni- ate, including members from his own polit- local communities and underrep- ties that come with such responsibility, ical party. A noted example of putting prin- highlighted in Dr. Curtis Ivery’s book ciples above partisan or popular politics was resented populations. Dr. Raheim has ‘‘Black Fatherhood: Reclaiming Our Leg- his near-solo support for fair and equal hous- also aided in fostering international acy.’’ ing; and partnerships with universities in Ger- He would remind me sometimes of the first Whereas, Haley went on to serve in six many and Armenia, to the West Indies day we met and the impression I made on United States presidential administrations. and Jamaica. All of these efforts have him, and how life, often punctuated by chal- He served as Chief Counsel of the Federal been a part in the overall establish- lenges, has a way of taking us to places un- Transportation Administration under Presi- ment of this department as a nation- dent Nixon, Associate Director for the Equal thinkable. ally-recognized faculty of experts. George Williford Boyce Haley, born in Employment Opportunity Commission at the Henning, Tennessee, will be missed by his U.S. Information Agency and General Coun- As the first African-American woman wife, Doris Haley, a retired Washington, D.C. sel and Congressional Liaison under Presi- to hold a deanship at UConn, and as a educator, and his children attorney Anne- dent Ford, Senior Advisor to the U.S. delega- nationally recognized leader in the Haley Brown, who works in the Los Angeles tion of the United Nations Educational, Sci- field of social work education, Dr. City Attorney’s Office, and son David Haley, entific and Cultural Organization under Raheim has undoubtedly left her mark a Kansas state senator and his beloved President Reagan, Chairman of the Postal on the UConn School of Social Work. grandchildren. Rate Commission under President George My wife Cynthia and I are honored to When I think about George Haley’s demise, H.W. Bush and, under President Clinton, as celebrate Dr. Raheim’s achievements, I think about the adage that, ‘‘Those who the U.S. Ambassador to the Republic of The have lived a good life do not fear death, but Gambia in West Africa, from whence Haley’s and we wish her all the best as she be- meet it calmly, and even long for it in the forefather Kuntah Kinteh was brought to gins the next chapter of her life. I face of great suffering. But those who do not America; and know that many across the State of have a peaceful conscience dread death as Whereas, Haley now lives in Silver Spring, Connecticut will join me in congratu- though life means nothing but physical tor- Maryland, with his wife of 60 years, Doris; lating her on this laudable occasion.∑ and ment. The challenge is to live our life so that f we will be prepared for death when it Whereas, Over the last 50 years, beginning comes.’’ with George W. Haley, only eight other black CONCORD, NEW HAMPSHIRE 250TH George Haley lived a full life and he will people have served in the Kansas State Sen- ANNIVERSARY ate: Curtis R. McClinton; Bill McCray; Eu- continue to live on in the lives of those he ∑ Mrs. SHAHEEN. Mr. President, New helped and mentored. gene Anderson; U.L. ‘‘Rip’’ Gooch; Sherman He was a man of mark, and the giant who J. Jones; David B. Haley; Donald Betts Jr.; Hampshire’s capital city, Concord, is never quit. and Oletha Faust-Goudeau. Edward Sexton celebrating its 250th anniversary this Jr. held the honorary title of Kansas State year. To be exact, this is the anniver- SENATE RESOLUTION NO. 1707 Senator, but did not serve: Now, therefore, sary of the city’s being rechristened as A Resolution recognizing 50 years of black be it Concord in recognition of a peaceful state senators in Kansas and honoring Resolved by the Senate of the State of Kansas, agreement that resolved a boundary George W. Haley, the first elected black That we do hereby honor and recognize the dispute with the adjacent town of Bow state senator in Kansas half century of elected Afri-Kansans in this Chamber, cognizant during Black History in 1765. Whereas, February of each year is des- Month of their contributions to the great- The city’s beginnings go back to 1725, ignated ‘‘Black History Month’’ in the ness of our state. We especially acknowledge when the Province of Massachusetts United States, and, in Kansas, Governor Sam the accomplishments of our first elected Bay established the area as the Planta- Brownback has also designated the same, black member, George W. Haley, who, urging all Kansans to recognize accomplish- tion of Penacook, borrowing an through determination, hard work and the ments and contributions to Kansas made by Abenaki Native American word mean- grace of God, broke numerous barriers to be- people of color; and ing ‘‘crooked place,’’ which refers to come a distinguished and inspiring American Whereas, The 1965 session of the Kansas the serpentine bends of the Merrimack statesman, and be it further State Legislature was the first time in his- Resolved, That the Secretary of the Senate River just east of the city. Since 1808, tory that blacks would serve in the Kansas shall send two enrolled copies of this resolu- when Concord became our capital city, Senate, a legislative body that first com- tion to Ambassador George W. Haley.∑ it has been the civic and cultural heart menced upon Statehood in 1861; and of the Granite State. Along with its Whereas, George Williford Boyce Haley f central place in New Hampshire geog- was born on August 28, 1925, in Henning, Ten- TRIBUTE TO SALOME RAHEIM nessee. After serving in World War II in the raphy and history, Concord has re- U.S. Air Force, George Haley attended More- ∑ Mr. BLUMENTHAL. Mr. President, I tained the friendliness and charm of a house College with fellow student Martin Lu- would like to pay tribute to one of my classic New England community. ther King, Jr. and became one of the first Af- constituents, who has recently an- In a sense, it was in Concord that the rican-Americans to graduate from the Uni- nounced that she will be resigning from United States of America was born as a versity of Arkansas School of Law. George her position as dean of the University constitutional republic. In June 21, Williford Boyce Haley, a Republican Kansas of Connecticut School of Social Work. 1788, in the city’s Old North Meeting City attorney and resident of Wyandotte Dr. Salome Raheim has served in this County, and Democrat Curtis McClinton, Sr., House, deputies from across the State a realtor from Wichita and member of the leadership position for 7 exemplary approved the new federal constitution. Kansas House of Representatives, were both years, and she will return as a faculty And because New Hampshire was the elected to the Kansas Senate in the general member during July of this year. decisive ninth of the original 13 States election held in November, 1964. Haley was Dr. Raheim has dedicated her career to approve the document, the Constitu- officially accorded first-elected status be- to advancing diversity and cultural tion was declared ratified and became cause his district number, 11, numerically competence across the board in areas the law of the land. preceded McClinton’s district number, 26. from higher education to health and Likewise, it was men from Concord Haley’s last name alphabetically precedes human services. During her time as who were in the forefront of defending McClinton’s and Wyandotte County election officials reported election results to the Sec- dean, she has established numerous ini- the Constitution during the Civil War. retary of State’s office before Sedgwick tiatives that have strengthened her de- Following the bombardment of Fort County election officials reported results; partment and contributed immensely Sumter, President Lincoln called for and to the future success of her students. 75,000 troops. In Concord, a recruiting

VerDate Sep 11 2014 03:49 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.019 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3402 CONGRESSIONAL RECORD — SENATE June 1, 2015 station was set up near the Statehouse, celebration in August. And the city is your community—effectively improv- and 50 volunteers enlisted by the end of also looking to the future, with an am- ing the lives of young folks in Lou- the first day. The first to volunteer bitious project to renew the city’s cen- isiana for generations to come.∑ was Concord police constable Edward ter. Mayor Jim Bouley and the people f Sturtevant, who 20 months later made of Concord are determined to preserve EXECUTIVE AND OTHER the ultimate sacrifice at the Battle of the historic character and charm of COMMUNICATIONS Fredericksburg. It is said that the downtown, while also creating a 21st First New Hampshire Volunteer Regi- century Main Street. I salute their The following communications were ment, mustered in Concord, was the city’s rich past and present, and I look laid before the Senate, together with first fully equipped regiment of volun- forward to joining in the anniversary accompanying papers, reports, and doc- teers to go to the front in 1861. Today, celebrations in the near future.∑ uments, and were referred as indicated: prominently displayed in the State f EC–1661. A communication from the Chief capitol building in Concord, are the of the Planning and Regulatory Affairs RECOGNIZING DISTRICT tattered, bloodstained regimental flags Branch, Food and Nutrition Service, Depart- DONUTS.SLIDERS.BREWS. carried by Granite State soldiers at ment of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Profes- Bull Run, Antietam, Gettysburg, and ∑ Mr. VITTER. Mr. President, small businesses are often on the front lines sional Standards for State and Local School other Civil War battlefields. Nutrition Programs Personnel as Required The magnificent gold-domed State- of partnering with local organizations by the Healthy, Hunger-Free Kids Act of house, at the center of Main Street, and non-profits to fight for change in 2010’’ (RIN0584–AE19) received in the Office of was completed in 1819, and is the oldest their communities. I am proud to an- the President of the Senate on May 20, 2015; State capitol in which both houses of nounce District Donuts.Sliders.Brews. to the Committee on Agriculture, Nutrition, the legislature meet in their original of New Orleans, LA, as Small Business and Forestry. chambers. The house of representatives of the Week. EC–1662. A communication from the Acting consists of 400 members and is the Opened on the iconic Magazine Street Director of Defense Procurement and Acqui- sition Policy, Department of Defense, trans- third largest legislative body in the in October 2013, District Donuts .Sliders.Brews., District D.S.B., has mitting, pursuant to law, the report of a rule English-speaking world, exceeded only entitled ‘‘Defense Federal Acquisition Regu- by the U.S. House and the British quickly become a Garden District sta- lation Supplement: Past Performance Infor- House of Commons. ple. This establishment is not an ordi- mation Retrieval System—Statistical Re- For two centuries, Concord has been nary doughnut shop. One can expect to porting (PPIRS–SR)’’ ((RIN0750–AI40) a commercial center and transpor- find an ever-changing variety of treats (DFARS Case 2014–D015)) received in the Of- tation hub, connected first by canal ranging in selection from peanut but- fice of the President of the Senate on May 20, and later by railway and highway with ter chocolate raspberry to spicy maple 2015; to the Committee on Armed Services. praline to whiskey ginger. In addition EC–1663. A communication from the Under Boston. In the first half of the 19th cen- Secretary of Defense (Acquisition, Tech- tury, the city’s Abbot Downing car- to over 100 doughnut options, District nology and Logistics), transmitting, pursu- riage manufacturer was known world- D.S.B. also offers a variety of made-to- ant to law, a report entitled ‘‘Report to Con- wide for its Concord Stagecoach, famed order sliders. The only brews one will gress on Department of Defense Fiscal Year as ‘‘the coach that won the West.’’ find at District D.S.B. consist of the 2014 Purchases from Foreign Entities’’; to Since the late 1800s and continuing coffee variety. One of District D.S.B.’s the Committee on Armed Services. today, the city has been famous for its most popular beverages is their cold EC–1664. A communication from the Assist- granite quarries. The local granite pressed coffee, which has been nitrogen ant Director, Senior Executive Management type, Concord granite, is prized for its brewed for nearly 30 hours. Office, Department of Defense, transmitting, In addition to offering a diverse se- pursuant to law, a report relative to a va- fine texture and absence of discoloring cancy in the position of Assistant Secretary oxides and minerals. It has been used lection of doughnuts, sliders, and of the Air Force (Manpower and Reserve Af- in the construction of countless Civil brews, District D.S.B. is also well- fairs), Department of the Air Force, received War monuments, the Library of Con- known for partnering with local com- in the Office of the President of the Senate gress, the Brooklyn Bridge, and the munity organizations and non-profits. on May 20, 2015; to the Committee on Armed Pentagon, including portions of the Most recently, District D.S.B. em- Services. Pentagon lost on 9/11. barked on a partnership with Cross- EC–1665. A communication from the Assist- Concord has been home to many peo- roads NOLA—a nonprofit organization ant Director, Senior Executive Management for the development of a citywide fos- Office, Department of Defense, transmitting, ple of renown, including Franklin pursuant to law, a report relative to a va- Pierce, our Nation’s 14th President. As ter care and adoption initiative. To- cancy in the position of Under Secretary of a former public school teacher, my per- gether, the two aim to educate and en- Defense (Intelligence), Department of De- sonal hero is Christa McAuliffe, a Con- gage adults in the greater New Orleans fense, received in the Office of the President cord High School social studies teacher community of Louisiana’s foster care of the Senate on May 20, 2015; to the Com- who was selected by NASA from more system through their campaign mittee on Armed Services. than 11,000 applicants to become the WeDon’tServeKids. The details of this EC–1666. A communication from the Asso- first teacher in space. Tragically, she innovative initiative touch at the ciate General Counsel for Legislation and heart of the Louisiana spirit. Regulations, Office of the Secretary, Depart- perished aboard the Space Shuttle ment of Housing and Urban Development, Challenger, but she is memorialized in WeDon’tServeKids targets Louisian- transmitting, pursuant to law, the report of Concord at the Christa McAuliffe ians’ generosity, southern hospitality, a rule entitled ‘‘Final Affordability Deter- School and the McAuliffe-Shephard love of food, and appreciation for tradi- mination—Energy Efficiency Standards’’ Discover Center. tion through the creation of their (RIN2501–ZA01) received in the Office of the From my 6 years as Governor, I can Streatcar food truck. On any given President of the Senate on May 13, 2015; to testify that Concord’s greatest assets night, one can find District D.S.B’s the Committee on Banking, Housing, and are the everyday people of the city, Streatcar catering weddings, recep- Urban Affairs. EC–1667. A communication from the Chair- who are unfailingly gracious and tions, parties, and events across the man and President of the Export-Import friendly. And, though I am far from ob- greater New Orleans area. One hundred Bank, transmitting, pursuant to law, a re- jective, I think that Concord’s Main percent of the profits from the port relative to a transaction involving U.S. Street is one of the very best in New Streatcar go to support Crossroads exports to Azerbaijan; to the Committee on England. It takes its character not NOLA—aiding children in foster care Banking, Housing, and Urban Affairs. only from the historic architecture, and families across the State through a EC–1668. A communication from the Sec- but also from the stores, cafes, and res- variety of services the organization of- retary of Commerce, transmitting, pursuant taurants—places where people know fers. to law, a report relative to the export to the Congratulations again to District People’s Republic of China of items not det- your name, and where the small busi- rimental to the U.S. space launch industry; ness owners are right there, every day. Donuts.Sliders.Brews. for being se- to the Committee on Banking, Housing, and Concord is marking its 250th anniver- lected as Small Business of the Week. Urban Affairs. sary, this year, with multiple events Thank you for your continued commit- EC–1669. A communication from the Assist- and festivities, including a week-long ment to serving kids and families in ant Secretary for Export Administration,

VerDate Sep 11 2014 02:36 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01JN6.001 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3403 Bureau of Industry and Security, Depart- ment of the Interior, transmitting, pursuant ting, pursuant to law, the report of a rule en- ment of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Endan- titled ‘‘Approval and Promulgation of Air to law, the report of a rule entitled gered and Threatened Wildlife and Plants; Quality Implementation Plans; Maryland; ‘‘Wassenaar Arrangement 2014 Plenary Designation of Critical Habitat for Neosho Determination of Attainment of the 1997 8- Agreements Implementation and Country Mucket and Rabbitsfoot’’ (RIN1018–AZ30) re- Hour Ozone National Ambient Air Quality Policy Amendments.’’ (RIN0694–AG44) re- ceived in the Office of the President of the Standard for the Baltimore, Maryland Seri- ceived in the Office of the President of the Senate on May 21, 2015; to the Committee on ous Nonattainment Area’’ (FRL No. 9928–15– Senate on May 20, 2015; to the Committee on Environment and Public Works. Region 3) received in the Office of the Presi- Banking, Housing, and Urban Affairs. EC–1680. A communication from the Dep- dent of the Senate on May 20, 2015; to the EC–1670. A communication from the Chair- uty Director, Centers for Medicare and Med- Committee on Environment and Public man and President of the Export-Import icaid Services, Department of Health and Works. Bank, transmitting, pursuant to law, a re- Human Services, transmitting, pursuant to EC–1689. A communication from the Direc- port relative to a transaction involving U.S. law, the report of a rule entitled ‘‘Medicare tor of the Regulatory Management Division, exports to Luxembourg; to the Committee on and Medicaid Program; Revisions to Deem- Environmental Protection Agency, transmit- Banking, Housing, and Urban Affairs. ing Authority Survey, Certification, and En- ting, pursuant to law, the report of a rule en- EC–1671. A communication from the Chair- forcement Procedures’’ ((RIN0938–AQ33) titled ‘‘Approval and Promulgation of Air man and President of the Export-Import (CMS–3255-F)) received in the Office of the Quality Implementation Plans; Ohio; Re- Bank, transmitting, pursuant to law, a re- President of the Senate on May 21, 2015; to moval of General Conformity Regulations’’ port relative to a transaction involving U.S. the Committee on Finance. (FRL No. 9927–98–Region 5) received in the exports to the United Arab Emirates; to the EC–1681. A communication from the Chief Office of the President of the Senate on May Committee on Banking, Housing, and Urban Counsel, Foreign Claims Settlement Com- 20, 2015; to the Committee on Environment Affairs. mission of the United States, Department of and Public Works. EC–1672. A communication from the Chair- Justice, transmitting the Commission’s an- EC–1690. A communication from the Direc- man and President of the Export-Import nual report for 2014; to the Committee on tor of the Regulatory Management Division, Bank, transmitting, pursuant to law, a re- Foreign Relations. Environmental Protection Agency, transmit- port relative to a transaction involving U.S. EC–1682. A communication from the Acting ting, pursuant to law, the report of a rule en- exports to South Africa; to the Committee Chief Administrative Law Judge, Office of titled ‘‘Approval and Promulgation of Air on Banking, Housing, and Urban Affairs. Administrative Law Judges, Department of Quality Implementation Plans; Virginia; Re- EC–1673. A communication from the Chair- Labor, transmitting, pursuant to law, the re- visions to the Attainment Plans for the man and President of the Export-Import port of a rule entitled ‘‘Rules of Practice and Commonwealth of Virginia Portion of the Bank, transmitting, pursuant to law, a re- Procedure for Administrative Hearings Be- Washington, DC–MD-VA 1990 1-Hour and the port relative to a transaction involving U.S. fore the Office of Administrative Law 1997 8-Hour Ozone Nonattainment Areas and exports to Mexico; to the Committee on Judges’’ (RIN1290–AA26) received in the Of- the Maintenance Plan for the Fredericksburg Banking, Housing, and Urban Affairs. fice of the President of the Senate on May 19, 1997 8-Hour Ozone Maintenance Area to Re- EC–1674. A communication from the Assist- 2015; to the Committee on Health, Education, move the Stage II Vapor Recovery Program’’ ant Secretary, Energy Efficiency and Renew- Labor, and Pensions. (FRL No. 9927–90–Region 3) received in the able Energy, Department of Energy, trans- EC–1683. A communication from the Assist- Office of the President of the Senate on May mitting, pursuant to law, a report entitled ant Secretary for Legislation, Department of 20, 2015; to the Committee on Environment ‘‘Annual Report to Congress on Federal Gov- Health and Human Services, transmitting, and Public Works. ernment Energy Management and Conserva- pursuant to law, a report entitled ‘‘Fiscal EC–1691. A communication from the Direc- tion Programs, Fiscal Year 2012’’; to the Year 2012 Report on the Preventive Medicine tor of the Regulatory Management Division, Committee on Energy and Natural Re- and Public Health Training Grant and Inte- Environmental Protection Agency, transmit- sources. grative Medicine Programs’’; to the Com- ting, pursuant to law, the report of a rule en- EC–1675. A communication from the Chief mittee on Health, Education, Labor, and titled ‘‘Approval and Promulgation of Air of the Branch of Permits and Regulations, Pensions. Quality Implementation Plans; West Vir- Fish and Wildlife Service, Department of the EC–1684. A communication from the Assist- ginia; Permits for Construction and Major Interior, transmitting, pursuant to law, the ant Secretary for Legislation, Department of Modification of Major Stationary Sources report of a rule entitled ‘‘Migratory Bird Health and Human Services, transmitting, Which Cause or Contribute to Nonattain- Permits; Removal of Yellow-billed Magpie pursuant to law, the Department’s fiscal ment Areas’’ (FRL No. 9928–02–Region 3) re- and Other Revisions to Depredation Order’’ year 2012 report on the Nurse Education, ceived in the Office of the President of the (RIN1018–AY60) received in the Office of the Practice, Quality, and Retention Program; Senate on May 20, 2015; to the Committee on President of the Senate on May 21, 2015; to to the Committee on Health, Education, Environment and Public Works. the Committee on Environment and Public Labor, and Pensions. EC–1692. A communication from the Direc- Works. EC–1685. A communication from the Gen- tor of the Regulatory Management Division, EC–1676. A communication from the Chief eral Counsel, Pension Benefit Guaranty Cor- Environmental Protection Agency, transmit- of the Endangered Species Listing Branch, poration, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Fish and Wildlife Service, Department of the report of a rule entitled ‘‘Benefits Payable in titled ‘‘Approval and Promulgation of Imple- Interior, transmitting, pursuant to law, the Terminated Single-Employer Plans; Interest mentation Plans; State of Colorado; Re- report of a rule entitled ‘‘Endangered and Assumptions for Valuing and Paying Bene- gional Haze State Implementation Plan’’ Threatened Wildlife and Plants; Threatened fits’’ (29 CFR Part 4022) received in the Office (FRL No. 9928–16–Region 8) received in the Species Status for Dakota Skipper and En- of the President of the Senate on May 20, Office of the President of the Senate on May dangered Species Status for Poweshiek 2015; to the Committee on Health, Education, 20, 2015; to the Committee on Environment Skipperling’’ (RIN1018–AY01) received in the Labor, and Pensions. and Public Works. Office of the President of the Senate on May EC–1686. A communication from the Acting EC–1693. A communication from the Direc- 21, 2015; to the Committee on Environment Assistant General Counsel for Regulatory tor of the Regulatory Management Division, and Public Works. Services, Office of the General Counsel, De- Environmental Protection Agency, transmit- EC–1677. A communication from the Direc- partment of Education, transmitting, pursu- ting, pursuant to law, the report of a rule en- tor of Congressional Affairs, Nuclear Regu- ant to law, the report of a rule entitled ‘‘As- titled ‘‘Approval of Air Quality Implementa- latory Commission, transmitting, pursuant sistance to States for the Education of Chil- tion Plans; Ohio: Cleveland and Delta; Deter- to law, the report of a rule entitled ‘‘Net dren With Disabilities’’ (RIN1820–AB65) re- mination of Attainment for the 2008 Lead Positive Suction Head for Emergency Core ceived in the Office of the President of the Standard’’ (FRL No. 9927–96–Region 5) re- Cooling and Containment Heat Removal Sys- Senate on May 21, 2015; to the Committee on ceived in the Office of the President of the tem Pumps’’ (NRC–2015–0107) received in the Health, Education, Labor, and Pensions. Senate on May 20, 2015; to the Committee on Office of the President of the Senate on May EC–1687. A communication from the Direc- Environment and Public Works. 20, 2015; to the Committee on Environment tor of the Regulatory Management Division, EC–1694. A communication from the Direc- and Public Works. Environmental Protection Agency, transmit- tor of the Regulatory Management Division, EC–1678. A communication from the Chief ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- of the Division of Policy and Programs, Fish titled ‘‘Approval and Promulgation of Air ting, pursuant to law, the report of a rule en- and Wildlife Service, Department of the Inte- Quality Implementation Plans; Illinois; titled ‘‘Modification of the Designations of rior, transmitting, pursuant to law, the re- Emission Limit Infrastructure SIP Require- the Caribbean Ocean Dredged Material Dis- port of a rule entitled ‘‘Boating Infrastruc- ments for the 2008 Ozone, 2010 NO2, and 2010 posal Sites’’ (FRL No. 9928–04–Region 2) re- ture Grant Program’’ (RIN1018–AW64) re- SO2 NAAQS’’ (FRL No. 9927–94–Region 5) re- ceived in the Office of the President of the ceived in the Office of the President of the ceived in the Office of the President of the Senate on May 20, 2015; to the Committee on Senate on May 21, 2015; to the Committee on Senate on May 20, 2015; to the Committee on Environment and Public Works. Environment and Public Works. Environment and Public Works. EC–1695. A communication from the Chief EC–1679. A communication from the Acting EC–1688. A communication from the Direc- Counsel, Federal Emergency Management Chief of the Endangered Species Branch of tor of the Regulatory Management Division, Agency, Department of Homeland Security, Listing, Fish and Wildlife Service, Depart- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.007 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3404 CONGRESSIONAL RECORD — SENATE June 1, 2015 a rule entitled ‘‘Final Flood Elevation Deter- ant to law, the report of a rule entitled ing Sea and Aleutian Islands Management minations’’ ((44 CFR Part 67) (Docket No. ‘‘Fisheries Off West Coast States; Coastal Area’’ (RIN0648–XD918) received in the Office FEMA–2015–0001)) received in the Office of Pelagic Species Fisheries; Closure’’ of the President of the Senate on May 20, the President of the Senate on May 19, 2015; (RIN0648–XD916) received in the Office of the 2015; to the Committee on Commerce, to the Committee on Banking, Housing, and President of the Senate on May 20, 2015; to Science, and Transportation. Urban Affairs. the Committee on Commerce, Science, and EC–1712. A communication from the Acting EC–1696. A communication from the Board Transportation. Director, National Marine Fisheries Service, Chairman and Chief Executive Officer, Farm EC–1705. A communication from the Dep- Department of Commerce, transmitting, pur- Credit Administration, transmitting, pursu- uty Assistant Administrator for Regulatory suant to law, the report of a rule entitled ant to law, the Administration’s Semi-An- Programs, National Marine Fisheries Serv- ‘‘Fisheries of the Exclusive Economic Zone nual Report of the Inspector General for the ice, Department of Commerce, transmitting, Off Alaska; Pacific Ocean Perch in the Ber- period from October 1, 2014 through March pursuant to law, the report of a rule entitled ing Sea and Aleutian Islands Management 31, 2015 and the Management Response; to ‘‘Fisheries of the Caribbean, Gulf of Mexico, Area’’ (RIN0648–XD921) received in the Office the Committee on Homeland Security and and South Atlantic; Reef Fish Fishery of the of the President of the Senate on May 20, Governmental Affairs. Gulf of Mexico; Red Snapper Management 2015; to the Committee on Commerce, EC–1697. A communication from the Senior Measures’’ (RIN0648–BE91) received in the Of- Science, and Transportation. Procurement Executive, Office of Acquisi- fice of the President of the Senate on May 20, EC–1713. A communication from the Acting tion Policy, General Services Administra- 2015; to the Committee on Commerce, Director, National Marine Fisheries Service, tion, transmitting, pursuant to law, the re- Science, and Transportation. Department of Commerce, transmitting, pur- port of a rule entitled ‘‘General Services Ad- EC–1706. A communication from the Assist- suant to law, the report of a rule entitled ministration Acquisition Regulation ant Administrator for Fisheries, Office of ‘‘Fisheries of the Exclusive Economic Zone (GSAR); Unique Item Identification (UID)’’ Sustainable Fisheries, Department of Com- Off Alaska; Pacific Cod by Trawl Catcher (RIN3090–AJ53) received in the Office of the merce, transmitting, pursuant to law, the re- Vessels in the Central Regulatory Area of President of the Senate on May 20, 2015; to port of a rule entitled ‘‘Magnuson-Stevens the Gulf of Alaska’’ (RIN0648–XD910) received the Committee on Homeland Security and Fishery Conservation and Management Act in the Office of the President of the Senate Governmental Affairs. Provisions; Fisheries of the Northeastern on May 20, 2015; to the Committee on Com- EC–1698. A communication from the Fed- United States; Northeast Groundfish Fish- merce, Science, and Transportation. eral Co-Chair, Appalachian Regional Com- ery; Framework Adjustment 53’’ (RIN0648– EC–1714. A communication from the Attor- mission, transmitting, pursuant to law, the BD93) received in the Office of the President ney-Advisor, U.S. Coast Guard, Department Commission’s Semiannual Report of the In- of the Senate on May 20, 2015; to the Com- of Homeland Security, transmitting, pursu- spector General for the period from October mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Spe- 1, 2014 through March 31, 2015; to the Com- tation. cial Local Regulations and Safety Zones; mittee on Homeland Security and Govern- EC–1707. A communication from the Assist- Marine Events Held in the Sector Long Is- mental Affairs. ant Administrator for Fisheries, Office of land Sound Captain of the Port Zone’’ EC–1699. A communication from the Sec- Sustainable Fisheries, Department of Com- ((RIN1625–AA08 and RIN1625–AA00) (Docket retary of the Commission, Office of General merce, transmitting, pursuant to law, the re- No. USCG–2015–0125)) received in the Office of Counsel, Federal Trade Commission, trans- port of a rule entitled ‘‘Magnuson-Stevens the President of the Senate on May 20, 2015; mitting, pursuant to law, the report of a rule Act Provisions; Northeast Multispecies Fish- to the Committee on Commerce, Science, entitled ‘‘Revisions to Rules of Practice’’ (16 ery; 2015 and 2016 Sector Operations Plans and Transportation. CFR Parts 3 and 4) received in the Office of and 2015 Contracts and Allocation of North- EC–1715. A communication from the Attor- the President of the Senate on May 20, 2015; east Multispecies Annual Catch Entitle- ney-Advisor, U.S. Coast Guard, Department to the Committee on Commerce, Science, ments’’ (RIN0648–XD461) received in the Of- of Homeland Security, transmitting, pursu- and Transportation. fice of the President of the Senate on May 20, ant to law, the report of a rule entitled ‘‘Spe- EC–1700. A communication from the Chief 2015; to the Committee on Commerce, cial Local Regulation and Safety Zones; Re- of Staff, Media Bureau, Federal Communica- Science, and Transportation. curring Marine Events Held in the Coast tions Commission, transmitting, pursuant to EC–1708. A communication from the Assist- Guard Sector Northern New England Captain law, the report of a rule entitled ‘‘Amend- ant Administrator for Fisheries, Office of of the Port Zone’’ ((RIN1625–AA08 and ment of Section 73.622(i), Post-Transition Sustainable Fisheries, Department of Com- RIN1625–AA00) (Docket No. USCG–2014–0865)) Table of DTV Allotments, Television Broad- merce, transmitting, pursuant to law, the re- received in the Office of the President of the cast Stations (Bend, Oregon)’’ (MB Docket port of a rule entitled ‘‘Magnuson-Stevens Senate on May 20, 2015; to the Committee on No. 15–88, DA 15–584) received in the Office of Fishery Conservation and Management Act Commerce, Science, and Transportation. the President of the Senate on May 20, 2015; Provisions; Fisheries of the Northeastern EC–1716. A communication from the Attor- to the Committee on Commerce, Science, United States; Northeast Groundfish Fish- ney-Advisor, U.S. Coast Guard, Department and Transportation. ery; Fishing Year 2015; Recreational Manage- of Homeland Security, transmitting, pursu- EC–1701. A communication from the Attor- ment Measures’’ (RIN0648–BE82) received in ant to law, the report of a rule entitled ‘‘Se- ney-Advisor, Office of the General Counsel, the Office of the President of the Senate on curity Zone, U.S. Open Golf Championship, Department of Transportation, transmitting, May 20, 2015; to the Committee on Com- South Puget Sound; University Place, WA’’ pursuant to law, a report relative to a va- merce, Science, and Transportation. ((RIN1625–AA87) (Docket No. USCG–2014– cancy in the position of Administrator, Fed- EC–1709. A communication from the Acting 1075)) received in the Office of the President eral Highway Administration, Department of Director, National Marine Fisheries Service, of the Senate on May 20, 2015; to the Com- Transportation, received in the Office of the Department of Commerce, transmitting, pur- mittee on Commerce, Science, and Transpor- President of the Senate on May 20, 2015; to suant to law, the report of a rule entitled tation. the Committee on Commerce, Science, and ‘‘Fisheries of the Exclusive Economic Zone EC–1717. A communication from the Attor- Transportation. Off Alaska; Groundfish Fishery by Non- ney-Advisor, U.S. Coast Guard, Department EC–1702. A communication from the Asso- Rockfish Program Catcher Vessels Using of Homeland Security, transmitting, pursu- ciate General Counsel for General Law, De- Trawl Gear in the Western and Central Regu- ant to law, the report of a rule entitled partment of Homeland Security, transmit- latory Area of the Gulf of Alaska’’ (RIN0648– ‘‘Safety Zone; Agat Marina, Agat, Guam’’ ting, pursuant to law, a report relative to a XD929) received in the Office of the President ((RIN1625–AA00) (Docket No. USCG–2015– vacancy in the position of Assistant Sec- of the Senate on May 20, 2015; to the Com- 0300)) received in the Office of the President retary/Administrator, Transportation Secu- mittee on Commerce, Science, and Transpor- of the Senate on May 20, 2015; to the Com- rity Administration, Department of Home- tation. mittee on Commerce, Science, and Transpor- land Security, received in the Office of the EC–1710. A communication from the Acting tation. President of the Senate on May 20, 2015; to Director, National Marine Fisheries Service, EC–1718. A communication from the Attor- the Committee on Commerce, Science, and Department of Commerce, transmitting, pur- ney-Advisor, U.S. Coast Guard, Department Transportation. suant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- EC–1703. A communication from the Attor- ‘‘Fisheries of the Exclusive Economic Zone ant to law, the report of a rule entitled ney-Advisor, Office of the General Counsel, Off Alaska; Pacific Ocean Perch in the Ber- ‘‘Safety Zone; Marine Safety Unit Savannah Department of Transportation, transmitting, ing Sea and Aleutian Islands Management Safety Zone for Heavy Weather and Other pursuant to law, a report relative to a va- Area’’ (RIN0648–XD909) received in the Office Natural Disasters, Savannah Captain of the cancy in the position of Administrator, Pipe- of the President of the Senate on May 20, Port Zone, Savannah, GA’’ ((RIN1625–AA00) line and Hazardous Materials Safety Admin- 2015; to the Committee on Commerce, (Docket No. USCG–2014–1017)) received in the istration, Department of Transportation, re- Science, and Transportation. Office of the President of the Senate on May ceived in the Office of the President of the EC–1711. A communication from the Acting 20, 2015; to the Committee on Commerce, Senate on May 20, 2015; to the Committee on Director, National Marine Fisheries Service, Science, and Transportation. Commerce, Science, and Transportation. Department of Commerce, transmitting, pur- EC–1719. A communication from the Attor- EC–1704. A communication from the Acting suant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone of Homeland Security, transmitting, pursu- partment of Commerce, transmitting, pursu- Off Alaska; Pacific Ocean Perch in the Ber- ant to law, the report of a rule entitled

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.008 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3405 ‘‘Safety Zones and Regulated Navigation mittee on Commerce, Science, and Transpor- Aviation Administration, Department of Area; Shell Arctic Drilling/Exploration Ves- tation. Transportation, transmitting, pursuant to sels and Associate Voluntary First Amend- EC–1728. A communication from the Attor- law, the report of a rule entitled ‘‘Amend- ment Area, Puget Sound, WA’’ ((RIN1625– ney-Advisor, U.S. Coast Guard, Department ment of Class E Airspace; Cypress, TX’’ AA00 and RIN 1625–AA11) (Docket No. USCG– of Homeland Security, transmitting, pursu- ((RIN2120–AA66) (Docket No. FAA–2014–0743)) 2015–0295)) received in the Office of the Presi- ant to law, the report of a rule entitled received in the Office of the President of the dent of the Senate on May 20, 2015; to the ‘‘Drawbridge Operation Regulation; St. Senate on May 20, 2015; to the Committee on Committee on Commerce, Science, and Marks River, Newport, FL’’ ((RIN1625–AA09) Commerce, Science, and Transportation. Transportation. (Docket No. USCG–2015–0120)) received in the EC–1737. A communication from the Man- EC–1720. A communication from the Attor- Office of the President of the Senate on May agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department 20, 2015; to the Committee on Commerce, Aviation Administration, Department of of Homeland Security, transmitting, pursu- Science, and Transportation. Transportation, transmitting, pursuant to ant to law, the report of a rule entitled EC–1729. A communication from the Man- law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Southern Branch Elizabeth agement and Program Analyst, Federal ment of Class E Airspace; Edgeley, ND’’ River; Chesapeake, VA’’ ((RIN1625–AA00) Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2014–0537)) (Docket No. USCG–2015–0117)) received in the Transportation, transmitting, pursuant to received in the Office of the President of the Office of the President of the Senate on May law, the report of a rule entitled ‘‘Amend- Senate on May 20, 2015; to the Committee on 20, 2015; to the Committee on Commerce, ment of Authority Citation for Part 71: Des- Commerce, Science, and Transportation. Science, and Transportation. ignation of Class A, B, C, D, and E Airspace EC–1738. A communication from the Man- EC–1721. A communication from the Attor- Areas; Air Traffic Service Routes; and Re- agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department porting Points, and Part 73: Special Use Air- Aviation Administration, Department of of Homeland Security, transmitting, pursu- space’’ (RIN2120–AA66) received in the Office Transportation, transmitting, pursuant to ant to law, the report of a rule entitled of the President of the Senate on May 20, law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Floating Construction Plat- 2015; to the Committee on Commerce, ment of Class E Airspace; Key Largo, FL’’ form, Chicago River, Chicago, IL’’ ((RIN1625– Science, and Transportation. ((RIN2120–AA66) (Docket No. FAA–2014–0729)) AA00) (Docket No. USCG–2015–0333)) received EC–1730. A communication from the Man- received in the Office of the President of the in the Office of the President of the Senate agement and Program Analyst, Federal Senate on May 20, 2015; to the Committee on on May 20, 2015; to the Committee on Com- Aviation Administration, Department of Commerce, Science, and Transportation. merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–1739. A communication from the Man- EC–1722. A communication from the Attor- law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department ment of Restricted Area Boundary Descrip- Aviation Administration, Department of of Homeland Security, transmitting, pursu- tions; Joint Base Lewis-McChord, WA’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled (RIN2120–AA66) received in the Office of the law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Apra Outer Harbor and Adja- President of the Senate on May 20, 2015; to ment of Class E Airspace; West Creek, NJ’’ cent Waters, Guam’’ ((RIN1625–AA00) (Dock- the Committee on Commerce, Science, and ((RIN2120–AA66) (Docket No. FAA–2014–0662)) et No. USCG–2015–0304)) received in the Office Transportation. received in the Office of the President of the of the President of the Senate on May 20, EC–1731. A communication from the Man- Senate on May 20, 2015; to the Committee on 2015; to the Committee on Commerce, agement and Program Analyst, Federal Commerce, Science, and Transportation. Science, and Transportation. Aviation Administration, Department of EC–1740. A communication from the Man- EC–1723. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ment of Class E Airspace; Zephyrhills, FL’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ((RIN2120–AA66) (Docket No. FAA–2014–0917)) law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Monongahela River Mile 68.0– received in the Office of the President of the ment of Class E Airspace; Manchester, NH’’ 68.8; Rices Landing, PA’’ ((RIN1625–AA00) Senate on May 20, 2015; to the Committee on ((RIN2120–AA66) (Docket No. FAA–2014–0601)) (Docket No. USCG–2015–0284)) received in the Commerce, Science, and Transportation. received in the Office of the President of the Office of the President of the Senate on May EC–1732. A communication from the Man- Senate on May 20, 2015; to the Committee on 20, 2015; to the Committee on Commerce, agement and Program Analyst, Federal Commerce, Science, and Transportation. Science, and Transportation. Aviation Administration, Department of EC–1741. A communication from the Man- EC–1724. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ment of Class E Airspace; Cando, ND’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ((RIN2120–AA66) (Docket No. FAA–2014–0746)) law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Pamlico River; Washington, received in the Office of the President of the ment of Class E Airspace; Baton Rouge, LA’’ NC’’ ((RIN1625–AA00) (Docket No. USCG– Senate on May 20, 2015; to the Committee on ((RIN2120–AA66) (Docket No. FAA–2014–1072)) 2015–0287)) received in the Office of the Presi- Commerce, Science, and Transportation. received in the Office of the President of the dent of the Senate on May 20, 2015; to the EC–1733. A communication from the Man- Senate on May 20, 2015; to the Committee on Committee on Commerce, Science, and agement and Program Analyst, Federal Commerce, Science, and Transportation. Transportation. Aviation Administration, Department of EC–1742. A communication from the Man- EC–1725. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ment of Class E Airspace; Livingston, MT’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ((RIN2120–AA66) (Docket No. FAA–2015–0518)) law, the report of a rule entitled ‘‘Amend- ‘‘Safety Zone; Portland Dragon Boat Races, received in the Office of the President of the ment of Class E Airspace; Baltimore, MD’’ Portland, OR’’ ((RIN1625–AA00) (Docket No. Senate on May 20, 2015; to the Committee on ((RIN2120–AA66) (Docket No. FAA–2015–0793)) USCG–2014–0492)) received in the Office of the Commerce, Science, and Transportation. received in the Office of the President of the President of the Senate on May 20, 2015; to EC–1734. A communication from the Man- Senate on May 20, 2015; to the Committee on the Committee on Commerce, Science, and agement and Program Analyst, Federal Commerce, Science, and Transportation. Transportation. Aviation Administration, Department of EC–1743. A communication from the Man- EC–1726. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ment of Class E Airspace; Alma, NE’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ((RIN2120–AA66) (Docket No. FAA–2014–0745)) law, the report of a rule entitled ‘‘Airworthi- ‘‘Safety Zone; 24 Mile Tampa Bay Marathon received in the Office of the President of the ness Directives; Airbus Airplanes’’ ((RIN2120– Swim, Tampa Bay; Tampa, FL’’ ((RIN1625– Senate on May 20, 2015; to the Committee on AA64) (Docket No . FAA–2015–0930)) received AA00) (Docket No. USCG–2015–0071)) received Commerce, Science, and Transportation. in the Office of the President of the Senate in the Office of the President of the Senate EC–1735. A communication from the Man- on May 20, 2015; to the Committee on Com- on May 20, 2015; to the Committee on Com- agement and Program Analyst, Federal merce, Science, and Transportation. merce, Science, and Transportation. Aviation Administration, Department of EC–1744. A communication from the Man- EC–1727. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ment of Class E Airspace; Encinal, TX’’ Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ((RIN2120–AA66) (Docket No. FAA–2014–0741)) law, the report of a rule entitled ‘‘Airworthi- ‘‘Drawbridge Operation Regulation; received in the Office of the President of the ness Directives; Airbus Airplanes’’ ((RIN2120– Manitowoc River, Manitowoc, WI’’ Senate on May 20, 2015; to the Committee on AA64) (Docket No . FAA–2014–0655)) received ((RIN1625–AA09) (Docket No. USCG–2015– Commerce, Science, and Transportation. in the Office of the President of the Senate 0132)) received in the Office of the President EC–1736. A communication from the Man- on May 20, 2015; to the Committee on Com- of the Senate on May 20, 2015; to the Com- agement and Program Analyst, Federal merce, Science, and Transportation.

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.009 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3406 CONGRESSIONAL RECORD — SENATE June 1, 2015 EC–1745. A communication from the Man- S. 1471. A bill to require declassification of HIRONO) was added as a cosponsor of S. agement and Program Analyst, Federal certain redacted information from the Joint 289, a bill to prioritize funding for an Aviation Administration, Department of Inquiry into Intelligence Community Activi- expanded and sustained national in- ties Before and After the Terrorist Attacks Transportation, transmitting, pursuant to vestment in biomedical research. law, the report of a rule entitled ‘‘Airworthi- of September 2001 and for other purposes; to ness Directives; Bombardier, Inc. Airplanes’’ the Select Committee on Intelligence. S. 311 ((RIN2120–AA64) (Docket No. FAA–2014–0528)) By Mr. MURPHY (for himself, Mr. At the request of Mr. CASEY, the received in the Office of the President of the BOOKER, Mr. WYDEN, Mr. MARKEY, names of the Senator from Maryland Senate on May 20, 2015; to the Committee on Ms. WARREN, and Mr. BLUMENTHAL): (Mr. CARDIN), the Senator from New Commerce, Science, and Transportation. S. 1472. A bill to amend the Communica- York (Mrs. GILLIBRAND) and the Sen- EC–1746. A communication from the Man- tions Act of 1934 to reform and modernize the Universal Service Fund Lifeline Assistance ator from Michigan (Mr. PETERS) were agement and Program Analyst, Federal added as cosponsors of S. 311, a bill to Aviation Administration, Department of Program; to the Committee on Commerce, Transportation, transmitting, pursuant to Science, and Transportation. amend the Elementary and Secondary law, the report of a rule entitled ‘‘Amend- f Education Act of 1965 to address and take action to prevent bullying and ment of Class E Airspace; Sonora, TX’’ SUBMISSION OF CONCURRENT AND ((RIN2120–AA66) (Docket No. FAA–2014–0427)) harassment of students. SENATE RESOLUTIONS received in the Office of the President of the S. 317 Senate on May 20, 2015; to the Committee on The following concurrent resolutions At the request of Ms. HIRONO, the Commerce, Science, and Transportation. and Senate resolutions were read, and name of the Senator from Maryland EC–1747. A communication from the Man- referred (or acted upon), as indicated: (Mr. CARDIN) was added as a cosponsor agement and Program Analyst, Federal By Mr. WHITEHOUSE (for himself and Aviation Administration, Department of of S. 317, a bill to improve early edu- Mr. MCCAIN): cation. Transportation, transmitting, pursuant to S. Res. 189. A resolution expressing the S. 335 law, the report of a rule entitled ‘‘Airworthi- sense of the Senate regarding the 25th anni- ness Directives; The Boeing Company Air- versary of democracy in Mongolia; to the At the request of Mr. GRASSLEY, the planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Foreign Relations. name of the Senator from Minnesota 2011–0475)) received in the Office of the Presi- f (Ms. KLOBUCHAR) was added as a co- dent of the Senate on May 20, 2015; to the sponsor of S. 335, a bill to amend the Committee on Commerce, Science, and ADDITIONAL COSPONSORS Transportation. Internal Revenue Code of 1986 to im- EC–1748. A communication from the Man- S. 139 prove 529 plans. agement and Program Analyst, Federal At the request of Mr. WYDEN, the S. 439 Aviation Administration, Department of name of the Senator from Maine (Ms. At the request of Mr. FRANKEN, the Transportation, transmitting, pursuant to COLLINS) was added as a cosponsor of S. name of the Senator from Maryland law, the report of a rule entitled ‘‘Airworthi- 139, a bill to permanently allow an ex- (Mr. CARDIN) was added as a cosponsor ness Directives; ATR–GIE Avions de Trans- clusion under the Supplemental Secu- of S. 439, a bill to end discrimination port Regional Airplanes’’ ((RIN2120–AA64) rity Income program and the Medicaid based on actual or perceived sexual ori- (Docket No. FAA–2015–0497)) received in the program for compensation provided to Office of the President of the Senate on May entation or gender identity in public individuals who participate in clinical schools, and for other purposes. 20, 2015; to the Committee on Commerce, trials for rare diseases or conditions. Science, and Transportation. S. 553 EC–1749. A communication from the Man- S. 223 At the request of Mr. CORKER, the agement and Program Analyst, Federal At the request of Mrs. BOXER, the name of the Senator from Hawaii (Mr. Aviation Administration, Department of name of the Senator from Maine (Ms. SCHATZ) was added as a cosponsor of S. Transportation, transmitting, pursuant to COLLINS) was added as a cosponsor of S. 553, a bill to marshal resources to un- law, the report of a rule entitled ‘‘Airworthi- 223, a bill to require the Secretary of ness Directives; Dassault Aviation Air- dertake a concerted, transformative ef- Veterans Affairs to establish a pilot fort that seeks to bring an end to mod- planes’’ ((RIN2120–AA64) (Docket No. FAA– program on awarding grants for provi- ern slavery, and for other purposes. 2015–0830)) received in the Office of the Presi- sion of furniture, household items, and dent of the Senate on May 20, 2015; to the other assistance to homeless veterans S. 559 Committee on Commerce, Science, and to facilitate their transition into per- At the request of Mr. BURR, the name Transportation. of the Senator from Illinois (Mr. KIRK) EC–1750. A communication from the Man- manent housing, and for other pur- poses. was added as a cosponsor of S. 559, a agement and Program Analyst, Federal bill to prohibit the Secretary of Edu- Aviation Administration, Department of S. 248 cation from engaging in regulatory Transportation, transmitting, pursuant to At the request of Mr. MORAN, the law, the report of a rule entitled ‘‘Airworthi- name of the Senator from Colorado overreach with regard to institutional eligibility under title IV of the Higher ness Directives; Various Aircraft Equipped (Mr. GARDNER) was added as a cospon- With Wing Lift Struts’’ ((RIN2120–AA64) sor of S. 248, a bill to clarify the rights Education Act of 1965, and for other (Docket No. FAA–2014–1083)) received in the of Indians and Indian tribes on Indian purposes. Office of the President of the Senate on May S. 637 20, 2015; to the Committee on Commerce, lands under the National Labor Rela- At the request of Mr. CRAPO, the Science, and Transportation. tions Act. EC–1751. A communication from the Assist- S. 257 name of the Senator from New Mexico ant Chief Counsel for Hazmat, Pipeline and At the request of Mr. MORAN, the (Mr. UDALL) was added as a cosponsor Hazardous Materials Safety Administration, name of the Senator from South Da- of S. 637, a bill to amend the Internal Department of Transportation, transmitting, kota (Mr. ROUNDS) was added as a co- Revenue Code of 1986 to extend and pursuant to law, the report of a rule entitled sponsor of S. 257, a bill to amend title modify the railroad track maintenance ‘‘Hazardous Materials: Enhanced Tank Car XVIII of the Social Security Act with credit. Standards and Operational Controls for respect to physician supervision of S. 681 High-Hazard Flammable Trains’’ (RIN2137– AE91) received in the Office of the President therapeutic hospital outpatient serv- At the request of Mrs. GILLIBRAND, of the Senate on May 20, 2015; to the Com- ices. the name of the Senator from Michigan mittee on Commerce, Science, and Transpor- S. 275 (Ms. STABENOW) was added as a cospon- tation. At the request of Mr. ISAKSON, the sor of S. 681, a bill to amend title 38, f name of the Senator from North Caro- United States Code, to clarify presump- lina (Mr. BURR) was added as a cospon- tions relating to the exposure of cer- INTRODUCTION OF BILLS AND sor of S. 275, a bill to amend title XVIII tain veterans who served in the vicin- JOINT RESOLUTIONS of the Social Security Act to provide ity of the Republic of Vietnam, and for The following bills and joint resolu- for the coverage of home as a site of other purposes. tions were introduced, read the first care for infusion therapy under the S. 682 and second times by unanimous con- Medicare program. At the request of Mr. DONNELLY, the sent, and referred as indicated: S. 289 name of the Senator from New Hamp- By Mr. PAUL (for himself, Mr. WYDEN, At the request of Mr. DURBIN, the shire (Ms. AYOTTE) was added as a co- and Mrs. GILLIBRAND): name of the Senator from Hawaii (Ms. sponsor of S. 682, a bill to amend the

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.010 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3407 Truth in Lending Act to modify the (Mrs. GILLIBRAND) was added as a co- (Mr. LEAHY) was added as a cosponsor definitions of a mortgage originator sponsor of S. 1130, a bill to amend title of S. 1382, a bill to prohibit discrimina- and a high-cost mortgage. 10, United States Code, to improve pro- tion in adoption or foster care place- S. 683 cedures for legal justice for members of ments based on the sexual orientation, At the request of Mr. BOOKER, the the Armed Forces, and for other pur- gender identity, or marital status of names of the Senator from Hawaii (Mr. poses. any prospective adoptive or foster par- SCHATZ) and the Senator from New S. 1239 ent, or the sexual orientation or gender Mexico (Mr. UDALL) were added as co- At the request of Mr. DONNELLY, the identity of the child involved. sponsors of S. 683, a bill to extend the name of the Senator from Illinois (Mr. S. 1393 principle of federalism to State drug KIRK) was added as a cosponsor of S. At the request of Mr. THUNE, the policy, provide access to medical mari- 1239, a bill to amend the Clean Air Act name of the Senator from North Caro- juana, and enable research into the me- with respect to the ethanol waiver for lina (Mr. TILLIS) was added as a co- dicinal properties of marijuana. the Reid vapor pressure limitations sponsor of S. 1393, a bill to require the S. 713 under that Act. Administrator of the Environmental At the request of Mrs. BOXER, the S. 1250 Protection Agency to include in each name of the Senator from Oregon (Mr. At the request of Ms. KLOBUCHAR, the regulatory impact analysis for a pro- MERKLEY) was added as a cosponsor of name of the Senator from Minnesota posed or final rule an analysis that S. 713, a bill to prevent international (Mr. FRANKEN) was added as a cospon- does not include any other proposed or violence against women, and for other sor of S. 1250, a bill to encourage States unimplemented rule. purposes. to require the installation of residen- S. CON. RES. 17 S. 740 tial carbon monoxide detectors in At the request of Mr. ROUNDS, the At the request of Mr. HATCH, the homes, and for other purposes. name of the Senator from New Hamp- name of the Senator from Arkansas S. 1260 shire (Ms. AYOTTE) was added as a co- (Mr. BOOZMAN) was added as a cospon- At the request of Mr. NELSON, the sponsor of S. Con. Res. 17, a concurrent sor of S. 740, a bill to improve the co- name of the Senator from Minnesota resolution establishing a joint select ordination and use of geospatial data. (Ms. KLOBUCHAR) was added as a co- committee to address regulatory re- S. 797 sponsor of S. 1260, a bill to direct the form. At the request of Mr. BOOKER, the Federal Communications Commission S. RES. 148 name of the Senator from Delaware to revise and update its sponsorship At the request of Mr. KIRK, the name (Mr. CARPER) was added as a cosponsor identification rules applicable to com- of the Senator from Michigan (Mr. of S. 797, a bill to amend the Railroad mercial and political advertising. PETERS) was added as a cosponsor of S. Revitalization and Regulatory Reform S. 1297 Res. 148, a resolution condemning the Act of 1976, and for other purposes. At the request of Mr. UDALL, his Government of Iran’s state-sponsored S. 799 name was added as a cosponsor of S. persecution of its Baha’i minority and At the request of Mr. MCCONNELL, 1297, a bill to update the Commercial its continued violation of the Inter- the name of the Senator from Lou- Space Launch Act by amending title national Covenants on Human Rights. isiana (Mr. VITTER) was added as a co- 51, United States Code, to promote S. RES. 176 sponsor of S. 799, a bill to combat the competitiveness of the U.S. commer- rise of prenatal opioid abuse and neo- cial space sector, and for other pur- At the request of Mr. MARKEY, the natal abstinence syndrome. poses. name of the Senator from New Hamp- shire (Ms. AYOTTE) was added as a co- S. 890 S. 1300 sponsor of S. Res. 176, a resolution des- At the request of Ms. CANTWELL, the At the request of Mrs. FEINSTEIN, the ignating September 2015 as ‘‘National name of the Senator from Oregon (Mr. name of the Senator from Wisconsin Brain Aneurysm Awareness Month’’ . MERKLEY) was added as a cosponsor of (Ms. BALDWIN) was added as a cospon- S. 890, a bill to amend title 54, United sor of S. 1300, a bill to amend the sec- S. RES. 184 States Code, to provide consistent and tion 221 of the Immigration and Na- At the request of Mr. MANCHIN, his reliable authority for, and for the fund- tionality Act to provide relief for adop- name was added as a cosponsor of S. ing of, the Land and Water Conserva- tive families from immigrant visa feeds Res. 184, a resolution expressing the tion Fund to maximize the effective- in certain situations. sense of the Senate that conversion ness of the Fund for future genera- S. 1344 therapy, including efforts by mental health practitioners to change the sex- tions, and for other purposes. At the request of Mr. PORTMAN, the ual orientation, gender identity, or S. 928 name of the Senator from Colorado gender expression of an individual, is At the request of Mrs. GILLIBRAND, (Mr. BENNET) was added as a cosponsor the name of the Senator from Ohio of S. 1344, a bill to clarify that non- dangerous and harmful and should be prohibited from being practiced on mi- (Mr. BROWN) was added as a cosponsor profit organizations such as Habitat for of S. 928, a bill to reauthorize the Humanity can accept donated mort- nors. World Trade Center Health Program gage appraisals, and for other purposes. At the request of Mr. BOOKER, the name of the Senator from Missouri and the September 11th Victim Com- S. 1364 (Mrs. MCCASKILL) was added as a co- pensation Fund of 2001, and for other At the request of Mr. SANDERS, the sponsor of S. Res. 184, supra. purposes. name of the Senator from Massachu- S. 1056 setts (Ms. WARREN) was added as a co- f At the request of Mr. CARDIN, the sponsor of S. 1364, a bill to amend title SUBMITTED RESOLUTIONS name of the Senator from Washington XIX of the Social Security Act to re- (Ms. CANTWELL) was added as a cospon- quire the payment of an additional re- sor of S. 1056, a bill to eliminate racial bate to the State Medicaid plan in the SENATE RESOLUTION 189—EX- profiling by law enforcement, and for case of increase in the price of a ge- PRESSING THE SENSE OF THE other purposes. neric drug at a rate that is greater SENATE REGARDING THE 25TH S. 1126 than the rate of inflation. ANNIVERSARY OF DEMOCRACY At the request of Mr. COONS, the S. 1380 IN MONGOLIA name of the Senator from Pennsyl- At the request of Mrs. MURRAY, the Mr. WHITEHOUSE (for himself and vania (Mr. CASEY) was added as a co- name of the Senator from Maryland Mr. MCCAIN) submitted the following sponsor of S. 1126, a bill to modify and (Mr. CARDIN) was added as a cosponsor resolution; which was referred to the extend the National Guard State Part- of S. 1380, a bill to support early learn- Committee on Foreign Relations: nership Program. ing. S. RES. 189 S. 1130 S. 1382 Whereas the United States Government es- At the request of Mrs. BOXER, the At the request of Mrs. GILLIBRAND, tablished diplomatic relations with the Gov- name of the Senator from New York the name of the Senator from Vermont ernment of Mongolia in January 1987;

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.003 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3408 CONGRESSIONAL RECORD — SENATE June 1, 2015 Whereas, in 1990, the Government of Mon- be proposed by him to the bill H.R. 2048, to functions in its product or service to allow golia declared an end to a one-party, author- reform the authorities of the Federal Gov- the surveillance of any user of such product itarian, Communist political system and ernment to require the production of certain or service, or to allow the physical search of adopted a lasting, multiparty democracy and business records, conduct electronic surveil- such product, by any agency. free market reforms; lance, use pen registers and trap and trace (b) EXCEPTION.—Subsection (a) shall not Whereas the Government of Mongolia has devices, and use other forms of information apply to mandates authorized under the demonstrated a commitment to democracy gathering for foreign intelligence, counter- Communications Assistance for Law En- and continues to strengthen democratic in- terrorism, and criminal purposes, and for forcement Act (47 U.S.C. 1001 et seq.). stitutions in Mongolia; other purposes; which was ordered to lie on (c) DEFINITIONS.—In this section— Whereas the Government of Mongolia is an the table. (1) the term ‘‘agency’’ has the meaning important leader in, and model for, the suc- SA 1455. Mr. WYDEN (for himself and Mr. given the term in section 3502 of title 44, cessful and peaceful transition to democ- PAUL) submitted an amendment intended to United States Code; and racy; be proposed by him to the bill H.R. 2048, (2) the term ‘‘covered product’’ means any Whereas Mongolia successfully chaired the supra; which was ordered to lie on the table. computer hardware, computer software, or Community of Democracies, which was held SA 1456. Mr. MCCAIN submitted an amend- electronic device that is made available to in Ulaanbaatar in 2013, and sponsored a ment intended to be proposed by him to the the general public. United Nations General Assembly resolution bill H.R. 1735, to authorize appropriations for entitled ‘‘Education for Democracy’’ (United fiscal year 2016 for military activities of the SA 1455. Mr. WYDEN (for himself and Nations General Assembly Resolution 69/268 Department of Defense and for military con- Mr. PAUL) submitted an amendment in- (2015)) to promote democratic institutions, struction, to prescribe military personnel tended to be proposed by him to the civic life, and human rights; strengths for such fiscal year, and for other bill H.R. 2048, to reform the authorities Whereas President Tsakhiagiin Elbegdorj purposes; which was ordered to lie on the of the Federal Government to require has stated that Mongolia is willing to serve table. as ‘‘a center of democracy education, a life the production of certain business SA 1457. Mr. UDALL (for himself and Mr. records, conduct electronic surveil- model for challenges and opportunities of WYDEN) submitted an amendment intended freedom’’; to be proposed by him to the bill H.R. 2048, lance, use pen registers and trap and Whereas Mongolia is committed to free- to reform the authorities of the Federal Gov- trace devices, and use other forms of dom of expression and other basic human ernment to require the production of certain information gathering for foreign in- rights, becoming the first country in Asia to business records, conduct electronic surveil- telligence, counterterrorism, and chair the Freedom Online Coalition and lance, use pen registers and trap and trace criminal purposes, and for other pur- hosting the annual Freedom Online con- devices, and use other forms of information poses; which was ordered to lie on the ference in Ulaanbaatar in May 2015; gathering for foreign intelligence, counter- table; as follows: Whereas Mongolia will host the 11th Asia- terrorism, and criminal purposes, and for At the appropriate place, insert the fol- Europe Meeting (ASEM) Summit in 2016 in other purposes; which was ordered to lie on lowing: Ulaanbaatar, which will bring together Euro- the table. pean and Asian countries in an informal dia- SA 1458. Mr. PAUL (for himself and Mr. SEC. lll. CLARIFICATION ON PROHIBITION ON logue to address political, economic, social, SEARCHING OF COLLECTIONS OF WYDEN) submitted an amendment intended COMMUNICATIONS TO CONDUCT cultural, and educational issues, with the ob- to be proposed by him to the bill H.R. 2048, jective of strengthening the relationship be- WARRANTLESS SEARCHES FOR THE supra; which was ordered to lie on the table. COMMUNICATIONS OF UNITED tween the two regions in a spirit of mutual SA 1459. Mr. PAUL (for himself and Mr. STATES PERSONS. respect and equal partnership; WYDEN) submitted an amendment intended Section 702(b) of the Foreign Intelligence Whereas the Government of Mongolia es- to be proposed by him to the bill H.R. 2048, Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is tablished an International Cooperation Fund supra; which was ordered to lie on the table. amended— to share experiences and to support the ad- SA 1460. Mr. PAUL (for himself and Mr. (1) by redesignating paragraphs (1) through vance of democracy and democratic values in WYDEN) submitted an amendment intended (5) as subparagraphs (A) through (E), respec- other emerging nations, including to be proposed by him to the bill H.R. 2048, tively, and indenting such subparagraphs, as Kyrgyzstan, Afghanistan, and Burma; and supra; which was ordered to lie on the table. so redesignated, an additional two ems from Whereas the United States Government SA 1461. Mr. MCCAIN submitted an amend- the left margin; has a longstanding commitment, because of ment intended to be proposed by him to the (2) by striking ‘‘An acquisition’’ and in- the interests and values of the United bill H.R. 1735, to authorize appropriations for serting the following: States, to encourage economic and political fiscal year 2016 for military activities of the ‘‘(1) IN GENERAL.—An acquisition’’; and reforms in Mongolia: Now, therefore, be it Resolved, That the Senate— Department of Defense and for military con- (3) by adding at the end the following: (1) congratulates the people and the Gov- struction, to prescribe military personnel ‘‘(2) CLARIFICATION ON PROHIBITION ON ernment of Mongolia on the 25th anniversary strengths for such fiscal year, and for other SEARCHING OF COLLECTIONS OF COMMUNICA- of the first democratic elections in Mon- purposes; which was ordered to lie on the TIONS OF UNITED STATES PERSONS.— golia, which will be celebrated on July 29, table. ‘‘(A) IN GENERAL.—Except as provided in 2015; SA 1462. Mr. MCCAIN submitted an amend- subparagraph (B), no officer or employee of (2) commends Mongolia for a peaceful and ment intended to be proposed by him to the the United States may conduct a search of a successful democratic transition; bill H.R. 1735, supra; which was ordered to lie collection of communications acquired under (3) expresses support for the continued ef- on the table. this section in an effort to find communica- forts of the Government of Mongolia to pro- f tions of a particular United States person mote democracy, transparency, rule of law, (other than a corporation). and other shared values between Mongolia TEXT OF AMENDMENTS ‘‘(B) CONCURRENT AUTHORIZATION AND EX- and the United States; SA 1454. Mr. WYDEN (for himself and CEPTION FOR EMERGENCY SITUATIONS.—Sub- paragraph (A) shall not apply to a search for (4) acknowledges the shared interest of the Mr. PAUL) submitted an amendment in- communications related to a particular United States Government and the Govern- tended to be proposed by him to the ment of Mongolia in promoting peace and United States person if— stability in Northeast and Central Asia; bill H.R. 2048, to reform the authorities ‘‘(i) such United States person is the sub- (5) recognizes the role of Mongolia as a of the Federal Government to require ject of an order or emergency authorization global leader for emerging democracies; the production of certain business authorizing electronic surveillance or phys- (6) recognizes that the United States records, conduct electronic surveil- ical search under section 105, 304, 703, 704, or should continue to support actions taken by lance, use pen registers and trap and 705 of this Act, or under title 18, United the Government of Mongolia to— trace devices, and use other forms of States Code, for the effective period of that (A) further develop democratic institu- information gathering for foreign in- order; ‘‘(ii) the entity carrying out the search has tions; and telligence, counterterrorism, and (B) promote transparency, accountability, a reasonable belief that the life or safety of and community engagement; and criminal purposes, and for other pur- such United States person is threatened and (7) recommends that the United States poses; which was ordered to lie on the the information is sought for the purpose of Government expand academic, cultural, and table; as follows: assisting that person; or other people-to-people partnerships between At the appropriate place, insert the fol- ‘‘(iii) such United States person has con- Mongolia and the United States. lowing: sented to the search.’’. f SEC. ll. PROHIBITION ON DATA SECURITY VUL- SA 1456. Mr. MCCAIN submitted an AMENDMENTS SUBMITTED AND NERABILITY MANDATES. (a) IN GENERAL.—Except as provided in amendment intended to be proposed by PROPOSED subsection (b), no agency may mandate that him to the bill H.R. 1735, to authorize SA 1454. Mr. WYDEN (for himself and Mr. a manufacturer, developer, or seller of cov- appropriations for fiscal year 2016 for PAUL) submitted an amendment intended to ered products design or alter the security military activities of the Department

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.011 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3409 of Defense and for military construc- cipient of a complaint or information shall (A) COMPENSATION CHANGES.—The amend- tion, to prescribe military personnel not preclude the Board from taking action ments made by paragraphs (2)(A) and (3) of strengths for such fiscal year, and for relating to the same complaint or informa- subsection (a) shall take effect on the first other purposes; which was ordered to tion. day of the first pay period beginning after ‘‘(D) RELATIONSHIP TO ACTIONS TAKEN the date of the enactment of this Act. lie on the table; as follows: UNDER OTHER LAWS.—Nothing in this para- (B) ELECTION TO SERVE FULL TIME BY INCUM- At the end of subtitle C of title X, add the graph shall prevent— BENTS.— following: ‘‘(i) any individual from submitting a com- (i) IN GENERAL.—An individual serving as a SEC. ll. ADDITIONAL INFORMATION SUP- plaint or information to any authorized re- member of the Privacy and Civil Liberties PORTING LONG-RANGE PLANS FOR cipient of the complaint or information; or Oversight Board on the date of the enact- CONSTRUCTION OF NAVAL VESSELS. ‘‘(ii) the recipient of a complaint or infor- ment of this Act, including a member con- Section 231(b)(2)(C) of title 10, United mation from taking independent action on tinuing to serve as a member under section States Code, is amended by inserting ‘‘by the complaint or information.’’; and 1061(h)(4)(B) of the Intelligence Reform and ship class in both graphical and tabular (2) by adding at the end the following new Terrorism Prevention Act of 2004 (42 U.S.C. form’’ after ‘‘The estimated levels of annual subsection: 2000ee(h)(4)(B)), (in this subparagraph re- funding’’. ‘‘(n) DEFINITIONS.—In this section, the ferred to as a ‘‘current member’’) may make terms ‘congressional intelligence commit- an election to— SA 1457. Mr. UDALL (for himself and tees’ and ‘intelligence community’ have the (I) serve as a member of the Privacy and Mr. WYDEN) submitted an amendment meaning given such terms in section 3 of the Civil Liberties Oversight Board on a full- intended to be proposed by him to the National Security Act of 1947 (50 U.S.C. time basis and in accordance with section bill H.R. 2048, to reform the authorities 3003).’’. 1061 of the Intelligence Reform and Ter- of the Federal Government to require SEC. 904. PRIVACY AND CIVIL LIBERTIES OVER- rorism Prevention Act of 2004 (42 U.S.C. the production of certain business SIGHT BOARD SUBPOENA POWER. 2000ee), as amended by this Act; or records, conduct electronic surveil- Section 1061(g) of the Intelligence Reform (II) serve as a member of the Privacy and lance, use pen registers and trap and and Terrorism Prevention Act of 2004 (42 Civil Liberties Oversight Board on a part- time basis in accordance with such section trace devices, and use other forms of U.S.C. 2000ee(g)) is amended— (1) in paragraph (1)(D), by striking ‘‘submit 1061, as in effect on the day before the date information gathering for foreign in- a written request to the Attorney General of of enactment of this Act, including the limi- telligence, counterterrorism, and the United States that the Attorney Gen- tation on service after the expiration of the criminal purposes, and for other pur- eral’’; term of the member under subsection poses; which was ordered to lie on the (2) by striking paragraph (2); and (h)(4)(B) of such section, as in effect on the table; as follows: (3) by redesignating paragraphs (3) and (4) day before the date of the enactment of this At the end, add the following: as paragraphs (2) and (3), respectively. Act. SEC. 905. APPOINTMENT OF STAFF OF THE PRI- (ii) ELECTION TO SERVE FULL TIME.—A cur- TITLE IX—PRIVACY AND CIVIL LIBERTIES rent member making an election under OVERSIGHT BOARD REFORM VACY AND CIVIL LIBERTIES OVER- SIGHT BOARD. clause (i)(I) shall begin serving as a member SEC. 901. SHORT TITLES. Section 1061(j) of the Intelligence Reform of the Privacy and Civil Liberties Oversight This title may be cited as the ‘‘Strength- and Terrorism Prevention Act of 2004 (42 Board on a full-time basis on the first day of ening Privacy, Oversight, and Transparency U.S.C. 2000ee(j)) is amended— the first pay period beginning not less than Act’’ or the ‘‘SPOT Act’’. (1) by redesignating paragraphs (2) and (3) 60 days after the date on which the current SEC. 902. INCLUSION OF FOREIGN INTELLIGENCE as paragraphs (3) and (4), respectively; and member makes the election. ACTIVITIES IN OVERSIGHT AUTHOR- (2) by inserting after paragraph (1) the fol- SEC. 907. PROVISION OF INFORMATION ABOUT ITY OF THE PRIVACY AND CIVIL LIB- GOVERNMENT ACTIVITIES UNDER ERTIES OVERSIGHT BOARD. lowing new paragraph: ‘‘(2) APPOINTMENT IN ABSENCE OF CHAIR- THE FOREIGN INTELLIGENCE SUR- Section 1061 of the Intelligence Reform and VEILLANCE ACT OF 1978 TO THE PRI- MAN.—If the position of chairman of the Terrorism Prevention Act of 2004 (42 U.S.C. VACY AND CIVIL LIBERTIES OVER- 2000ee) is amended by inserting ‘‘and conduct Board is vacant, during the period of the va- SIGHT BOARD. foreign intelligence activities’’ after ‘‘ter- cancy the Board, at the direction of the ma- The Attorney General should fully inform rorism’’ in the following provisions: jority of the members of the Board, may ex- the Privacy and Civil Liberties Oversight (1) Paragraphs (1) and (2) of subsection (c). ercise the authority of the chairman under Board about any activities carried out by the (2) Subparagraphs (A) and (B) of subsection paragraph (1).’’. Government under the Foreign Intelligence (d)(1). SEC. 906. PRIVACY AND CIVIL LIBERTIES OVER- Surveillance Act of 1978 (50 U.S.C. 1801 et (3) Subparagraphs (A), (B), and (C) of sub- SIGHT BOARD. seq.), including by providing to the Board— section (d)(2). (a) IN GENERAL.—Section 1061 of the Intel- (1) copies of each detailed report submitted SEC. 903. SUBMISSION OF WHISTLEBLOWER COM- ligence Reform and Terrorism Prevention to a committee of Congress under such Act; PLAINTS TO THE PRIVACY AND Act of 2004 (42 U.S.C. 2000ee), as amended by and CIVIL LIBERTIES OVERSIGHT sections 902 and 903, is further amended— (2) copies of each decision, order, and opin- BOARD. (1) in subsection (h)— ion of the Foreign Intelligence Surveillance Section 1061 of the Intelligence Reform and (A) in paragraph (1), by inserting ‘‘full- Court or the Foreign Intelligence Surveil- Terrorism Prevention Act of 2004 (42 U.S.C. time’’ after ‘‘4 additional’’; and lance Court of Review required to be in- 2000ee), as amended by section 902, is further (B) in paragraph (4)(B), by striking ‘‘, ex- cluded in the report under section 601(a) of amended— cept that’’ and all that follows through the such Act (50 U.S.C. 1871(a)). (1) in subsection (d), by adding at the end end and inserting a period; the following new paragraph: (2) in subsection (i)(1)— SA 1458. Mr. PAUL (for himself and ‘‘(5) WHISTLEBLOWER COMPLAINTS.— (A) in subparagraph (A), by striking ‘‘level Mr. WYDEN) submitted an amendment ‘‘(A) SUBMISSION TO BOARD.—An employee III of the Executive Schedule under section intended to be proposed by him to the of, or contractor or detailee to, an element 5314’’ and inserting ‘‘level II of the Executive of the intelligence community may submit Schedule under section 5313’’; and bill H.R. 2048, to reform the authorities to the Board a complaint or information (B) in subparagraph (B), by striking ‘‘level of the Federal Government to require that such employee, contractor, or detailee IV of the Executive Schedule’’ and all that the production of certain business believes relates to a privacy or civil liberties follows through the end and inserting ‘‘level records, conduct electronic surveil- concern. III of the Executive Schedule under section lance, use pen registers and trap and ‘‘(B) AUTHORITY OF BOARD.—The Board may 5314 of title 5, United States Code.’’; and trace devices, and use other forms of take such action as the Board considers ap- (3) in subsection (j)(1), by striking ‘‘level V information gathering for foreign in- propriate with respect to investigating a of the Executive Schedule under section telligence, counterterrorism, and complaint or information submitted under 5316’’ and inserting ‘‘level IV of the Execu- subparagraph (A) or transmitting such com- tive Schedule under section 5315’’. criminal purposes, and for other pur- plaint or information to any other Executive (b) EFFECTIVE DATE; APPLICABILITY.— poses; which was ordered to lie on the agency or the congressional intelligence (1) IN GENERAL.—The amendments made by table; as follows: committees. subsection (a) shall— At the appropriate place, insert the fol- ‘‘(C) RELATIONSHIP TO EXISTING LAWS.—The (A) take effect on the date of enactment of lowing: authority under subparagraph (A) of an em- this Act; and SEC. ll. PROHIBITION ON DATA SECURITY VUL- ployee, contractor, or detailee to submit to (B) except as provided in paragraph (2), NERABILITY MANDATES. the Board a complaint or information shall apply to any appointment to a position as a (a) IN GENERAL.—Except as provided in be in addition to any other authority under member of the Privacy and Civil Liberties subsection (b), no agency may mandate that another provision of law to submit a com- Oversight Board made on or after the date of a manufacturer, developer, or seller of cov- plaint or information. Any action taken the enactment of this Act. ered products design or alter the security under any other provision of law by the re- (2) EXCEPTIONS.— functions in its product or service to allow

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.015 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3410 CONGRESSIONAL RECORD — SENATE June 1, 2015 the surveillance of any user of such product records, conduct electronic surveil- Sec. 702. Scope of liability protection for or service, or to allow the physical search of lance, use pen registers and trap and providing assistance to the such product, by any agency. trace devices, and use other forms of Government. (b) EXCEPTION.—Subsection (a) shall not TITLE I—ACCESS TO CERTAIN BUSINESS apply to mandates authorized under the information gathering for foreign in- telligence, counterterrorism, and RECORDS FOR FOREIGN INTELLIGENCE Communications Assistance for Law En- AND INTERNATIONAL TERRORISM IN- forcement Act (47 U.S.C. 1001 et seq.). criminal purposes, and for other pur- VESTIGATIONS (c) DEFINITIONS.—In this section— poses; which was ordered to lie on the (1) the term ‘‘agency’’ has the meaning SEC. 101. END OF GOVERNMENT BULK COLLEC- table; as follows: TION OF BUSINESS RECORDS. given the term in section 3502 of title 44, Strike all after the enacting clause and in- (a) PRIVACY PROTECTIONS FOR SECTION 215 United States Code; and sert the following: BUSINESS RECORDS ORDERS.— (2) the term ‘‘covered product’’ means any SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) IN GENERAL.—Section 501(b) of the For- computer hardware, computer software, or eign Intelligence Surveillance Act of 1978 (50 (a) SHORT TITLE.—This Act may be cited as electronic device that is made available to U.S.C. 1861(b)) is amended— the general public. the ‘‘Intelligence Oversight and Surveillance Reform Act’’. (A) in paragraph (1)(B), by striking ‘‘and’’ at the end; Mr. PAUL (for himself and (b) TABLE OF CONTENTS.—The table of con- SA 1459. (B) in paragraph (2), by striking subpara- tents for this Act is as follows: Mr. WYDEN) submitted an amendment graphs (A) and (B) and inserting the fol- intended to be proposed by him to the Sec. 1. Short title; table of contents. lowing: bill H.R. 2048, to reform the authorities TITLE I—ACCESS TO CERTAIN BUSINESS ‘‘(A) a statement of facts showing that of the Federal Government to require RECORDS FOR FOREIGN INTELLIGENCE there are reasonable grounds to believe that the production of certain business AND INTERNATIONAL TERRORISM IN- the records or other things sought— records, conduct electronic surveil- VESTIGATIONS ‘‘(i) are relevant to an authorized inves- lance, use pen registers and trap and Sec. 101. End of government bulk collection tigation (other than a threat assessment) of business records. conducted in accordance with subsection trace devices, and use other forms of (a)(2) to obtain foreign intelligence informa- information gathering for foreign in- Sec. 102. Emergency authority for access to call data records. tion not concerning a United States person telligence, counterterrorism, and Sec. 103. Challenges to government surveil- or to protect against international terrorism criminal purposes, and for other pur- lance. or clandestine intelligence activities; and ‘‘(ii) pertain to— poses; which was ordered to lie on the TITLE II—PRIVACY PROTECTIONS FOR table; as follows: ‘‘(I) a foreign power or an agent of a for- PEN REGISTERS AND TRAP AND TRACE eign power; At the appropriate place, insert the fol- DEVICES ‘‘(II) the activities of a suspected agent of lowing: Sec. 201. Privacy protections for pen reg- a foreign power who is the subject of such SEC. lll. CLARIFICATION ON PROHIBITION ON isters and trap and trace de- authorized investigation; or SEARCHING OF COLLECTIONS OF vices. COMMUNICATIONS TO CONDUCT ‘‘(III) an individual in contact with, or WARRANTLESS SEARCHES FOR THE TITLE III—PROCEDURES FOR TAR- known to, a suspected agent of a foreign COMMUNICATIONS OF UNITED GETING CERTAIN PERSONS OUTSIDE power; and STATES PERSONS. THE UNITED STATES OTHER THAN ‘‘(B) a statement of proposed minimization Section 702(b) of the Foreign Intelligence UNITED STATES PERSONS procedures; and’’; and Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is (C) by adding at the end the following: Sec. 301. Clarification on prohibition on amended— ‘‘(3) if the applicant is seeking a nondisclo- searching of collections of com- (1) by redesignating paragraphs (1) through sure requirement described in subsection (d), munications to conduct (5) as subparagraphs (A) through (E), respec- shall include— warrantless searches for the tively, and indenting such subparagraphs, as ‘‘(A) a statement of specific and communications of United so redesignated, an additional two ems from articulable facts providing reason to believe States persons. the left margin; that disclosure of particular information Sec. 302. Protection against collection of (2) by striking ‘‘An acquisition’’ and in- about the existence or contents of the order wholly domestic communica- serting the following: requiring the production of tangible things tions not concerning terrorism ‘‘(1) IN GENERAL.—An acquisition’’; and under this section during the applicable time under FISA Amendments Act. (3) by adding at the end the following: period will result in— Sec. 303. Prohibition on reverse targeting ‘‘(2) CLARIFICATION ON PROHIBITION ON ‘‘(i) endangering the life or physical safety under FISA Amendments Act. SEARCHING OF COLLECTIONS OF COMMUNICA- of any person; Sec. 304. Limits on use of unlawfully ob- TIONS OF UNITED STATES PERSONS.— ‘‘(ii) flight from prosecution; tained information under FISA ‘‘(A) IN GENERAL.—Except as provided in ‘‘(iii) destruction of or tampering with evi- Amendments Act. subparagraph (B), no officer or employee of dence; Sec. 305. Challenges to Government surveil- the United States may conduct a search of a ‘‘(iv) intimidation of potential witnesses; lance. collection of communications acquired under ‘‘(v) interference with diplomatic rela- this section in an effort to find communica- TITLE IV—FOREIGN INTELLIGENCE tions; or tions of a particular United States person SURVEILLANCE COURT REFORMS ‘‘(vi) otherwise seriously endangering the (other than a corporation). Sec. 401. Definitions. national security of the United States by ‘‘(B) CONCURRENT AUTHORIZATION AND EX- Sec. 402. Office of the Constitutional Advo- alerting a target, an associate of a target, or CEPTION FOR EMERGENCY SITUATIONS.—Sub- cate. the foreign power of which the target is an paragraph (A) shall not apply to a search for Sec. 403. Advocacy before the FISA Court. agent, of the interest of the Government in communications related to a particular Sec. 404. Advocacy before the petition re- the target; United States person if— view pool. ‘‘(B) an explanation of how the harm iden- ‘‘(i) such United States person is the sub- Sec. 405. Appellate review. tified under subparagraph (A) is related to ject of an order or emergency authorization Sec. 406. Disclosure. the authorized investigation to which the authorizing electronic surveillance or phys- Sec. 407. Annual report to Congress. tangible things sought are relevant; ical search under section 105, 304, 703, 704, or Sec. 408. Preservation of rights. ‘‘(C) an explanation of how the nondisclo- 705 of this Act, or under title 18, United sure requirement is narrowly tailored to ad- TITLE V—NATIONAL SECURITY LETTER dress the specific harm identified under sub- States Code, for the effective period of that REFORMS order; paragraph (A); and Sec. 501. National security letter authority. ‘‘(ii) the entity carrying out the search has ‘‘(D) the time period during which the Gov- Sec. 502. Public reporting on National Secu- ernment believes the nondisclosure require- a reasonable belief that the life or safety of rity Letters. ment should apply.’’. such United States person is threatened and (2) ORDER.—Section 501(c) of the Foreign the information is sought for the purpose of TITLE VI—REPORTING FISA ORDERS Intelligence Surveillance Act of 1978 (50 assisting that person; or AND NATIONAL SECURITY LETTERS U.S.C. 1861(c)) is amended— ‘‘(iii) such United States person has con- Sec. 601. Third-party reporting of FISA or- (A) in paragraph (1)— sented to the search.’’. ders and National Security Let- (i) by striking ‘‘subsections (a) and (b),’’ ters. and inserting ‘‘subsection (a) and paragraphs SA 1460. Mr. PAUL (for himself and Sec. 602. Government reporting of FISA or- (1) and (2) of subsection (b) and that the pro- Mr. WYDEN) submitted an amendment ders. posed minimization procedures meet the def- intended to be proposed by him to the TITLE VII—OTHER MATTERS inition of minimization procedures under bill H.R. 2048, to reform the authorities Sec. 701. Privacy and Civil Liberties Over- subsection (g),’’; and of the Federal Government to require sight Board subpoena author- (ii) by striking the last sentence and in- the production of certain business ity. serting the following: ‘‘If the judge finds that

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.015 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE June 1, 2015 CONGRESSIONAL RECORD — SENATE S3411 the requirements of subsection (b)(3) have (A) in paragraph (1), by striking ‘‘Not later ‘‘(II) the activities of a suspected agent of been met, such order shall include a non- than’’ and all that follows and inserting ‘‘At a foreign power who is the subject of such disclosure requirement, which may apply for or before the end of the period of time for the authorized investigation; or not longer than 1 year, unless the facts jus- production of tangible things under an order ‘‘(III) an individual in contact with, or tify a longer period of nondisclosure, subject approved under this section or at any time known to, a suspected agent of a foreign to the principles and procedures described in after the production of tangible things under power; subsection (d).’’; and an order approved under this section, a judge ‘‘(B) the Attorney General reasonably de- (B) in paragraph (2)— may assess compliance with the minimiza- termines— (i) in subparagraph (C), by striking ‘‘(d);’’ tion procedures by reviewing the cir- ‘‘(i) an emergency requires the production and inserting ‘‘(d), if applicable;’’; cumstances under which information con- of such records before an order requiring (ii) in subparagraph (D), by striking ‘‘and’’ cerning United States persons was acquired, such production can with due diligence be at the end; retained, or disseminated.’’; and obtained under section 402 or 501, as appro- (iii) in subparagraph (E), by striking the (B) in paragraph (2)(A), by inserting ‘‘ac- priate; and period at the end and inserting ‘‘; and’’; and quisition and’’ after ‘‘to minimize the’’. ‘‘(ii) the factual basis for issuance of an (iv) by adding at the end the following: (b) JUDICIAL REVIEW OF SECTION 215 OR- order under section 402 or 501, as appropriate, ‘‘(F) shall direct that the minimization DERS.—Section 501(f)(2) of the Foreign Intel- to require the production of such records ex- procedures be followed.’’. ligence Surveillance Act of 1978 (50 U.S.C. ists; (3) NONDISCLOSURE.—Section 501(d) of the 1861(f)(2)) is amended— ‘‘(C) a judge referred to in section 402(b) or Foreign Intelligence Surveillance Act of 1978 (1) in subparagraph (A)(i)— 501(b)(1), as appropriate, is informed by the (50 U.S.C. 1861(d)) is amended to read as fol- (A) by striking ‘‘that order’’ and inserting Attorney General at the time of the required lows: ‘‘such production order or any nondisclosure production of such records that the decision order imposed in connection with such pro- ‘‘(d) NONDISCLOSURE.— has been made to require such production on duction order’’; and ‘‘(1) IN GENERAL.—No person who receives an emergency basis; and an order under subsection (c) that contains a (B) by striking the second sentence; ‘‘(D) an application in accordance with sec- nondisclosure requirement shall disclose to (2) by striking subparagraph (C) and insert- tion 402 or 501, as appropriate, is made to any person the particular information speci- ing the following new subparagraph: such judge as soon as practicable, but not ‘‘(C) A judge considering a petition to mod- fied in the nondisclosure requirement during more than 7 days after the date on which the ify or set aside a nondisclosure order shall the time period to which the requirement ap- Attorney General requires the production of grant such petition unless the court deter- plies. such records under this subsection. mines that— ‘‘(2) EXCEPTION.— ‘‘(2)(A) In the absence of an order issued ‘‘(i) there is reason to believe that disclo- ‘‘(A) DISCLOSURE.—A person who receives under section 402 or 501, as appropriate, to sure of the information subject to the non- an order under subsection (c) that contains a approve the emergency required production disclosure requirement during the applicable nondisclosure requirement may disclose in- of call data records under paragraph (1), the time period will result in— formation otherwise subject to any applica- authority to require the production of such ‘‘(I) endangering the life or physical safety ble nondisclosure requirement to— records shall terminate at the earlier of— of any person; ‘‘(i) those persons to whom disclosure is ‘‘(i) when the information sought is ob- ‘‘(II) flight from prosecution; necessary in order to comply with an order tained; ‘‘(III) destruction of or tampering with evi- under this section; ‘‘(ii) when the application for the order is dence; ‘‘(ii) an attorney in order to obtain legal denied under section 402 or 501, as appro- ‘‘(IV) intimidation of potential witnesses; advice or assistance regarding the order; or priate; or ‘‘(V) interference with diplomatic rela- ‘‘(iii) other persons as permitted by the Di- ‘‘(iii) 7 days after the time of the author- tions; or rector of the Federal Bureau of Investigation ization by the Attorney General. ‘‘(VI) otherwise seriously endangering the or the designee of the Director. ‘‘(B) If an application for an order applied national security of the United States by ‘‘(B) APPLICATION.—A person to whom dis- for under section 402 or 501, as appropriate, alerting a target, an associate of a target, or closure is made under subparagraph (A) shall for the production of call data records re- the foreign power of which the target is an be subject to the nondisclosure requirements quired to be produced pursuant to paragraph agent, of the interest of the Government in applicable to a person to whom an order is (1) is denied, or in any other case where the the target; directed under this section in the same man- emergency production of call data records ‘‘(ii) the harm identified under clause (i) ner as the person to whom the order is di- under this section is terminated and no order relates to the authorized investigation to rected. under section 402 or 501, as appropriate, is which the tangible things sought are rel- ‘‘(C) NOTIFICATION.—Any person who dis- issued approving the required production of evant; and closes to a person described in subparagraph such records, no information obtained or evi- ‘‘(iii) the nondisclosure requirement is nar- (A) information otherwise subject to a non- dence derived from such records shall be re- rowly tailored to address the specific harm disclosure requirement shall notify the per- ceived in evidence or otherwise disclosed in identified under clause (i).’’; and son of the applicable nondisclosure require- any trial, hearing, or other proceeding in or (3) by adding at the end the following new ment. before any court, grand jury, department, of- subparagraph: ‘‘(3) EXTENSION.—The Director of the Fed- ‘‘(E) If a judge denies a petition to modify fice, agency, regulatory body, legislative eral Bureau of Investigation, or a designee of or set aside a nondisclosure order under this committee, or other authority of the United the Director (whose rank shall be no lower paragraph, no person may file another peti- States, a State, or political subdivision than Assistant Special Agent in Charge), tion to modify or set aside such nondisclo- thereof, and no information concerning any may apply for renewals of the prohibition on sure order until the date that is one year United States person acquired from such disclosure of particular information about after the date on which such judge issues the records shall subsequently be used or dis- the existence or contents of an order requir- denial of such petition.’’. closed in any other manner by Federal offi- cers or employees without the consent of ing the production of tangible things under SEC. 102. EMERGENCY AUTHORITY FOR ACCESS this section for additional periods of not TO CALL DATA RECORDS. such person, except with the approval of the longer than 1 year, unless the facts justify a (a) IN GENERAL.—Section 403 of the Foreign Attorney General if the information indi- longer period of nondisclosure. A nondisclo- Intelligence Surveillance Act of 1978 (50 cates a threat of death or serious bodily sure requirement shall be renewed if a court U.S.C. 1843) is amended by adding at the end harm to any person.’’. having jurisdiction under paragraph (4) de- the following: (b) TERMINATION OF SECTION 501 REF- termines that the application meets the re- ‘‘(e)(1) Notwithstanding any other provi- ERENCES.—On the date that section 102(b)(1) quirements of subsection (b)(3). sion of this subsection, the Attorney General of the USA PATRIOT Improvement and Re- ‘‘(4) JURISDICTION.—An application for a re- may require the production of call data authorization Act of 2005 (Public Law 109–177; newal under this subsection shall be made records by the provider of a wire or elec- 50 U.S.C. 1805 note) takes effect, subsection to— tronic communication service on an emer- (e) of section 403 of the Foreign Intelligence ‘‘(A) a judge of the court established under gency basis if— Surveillance Act of 1978 (50 U.S.C. 1843), as section 103(a); or ‘‘(A) such records— added by paragraph (1), is amended— ‘‘(B) a United States Magistrate Judge ‘‘(i) are relevant to an authorized inves- (1) by striking ‘‘or section 501, as appro- under chapter 43 of title 28, United States tigation (other than a threat assessment) priate,’’ each place that term appears; Code, who is publicly designated by the Chief conducted in accordance with section 402 or (2) in paragraph (1)— Justice of the United States to have the 501, as appropriate, to obtain foreign intel- (A) in subparagraph (B), by striking ‘‘or power to hear applications and grant orders ligence information not concerning a United 501, as appropriate;’’ and by inserting a semi- for the production of tangible things under States person or to protect against inter- colon; and this section on behalf of a judge of the court national terrorism or clandestine intel- (B) in subparagraph (C), by striking ‘‘or established under section 103(a).’’. ligence activities; and 501(b)(1), as appropriate,’’; and (4) MINIMIZATION.—Section 501(g) of the ‘‘(ii) pertain to— (3) in paragraph (2)(A)(ii), by striking ‘‘or Foreign Intelligence Surveillance Act of 1978 ‘‘(I) a foreign power or an agent of a for- 501, as appropriate;’’ and by inserting a semi- (50 U.S.C. 1861(g)) is amended— eign power; colon.

VerDate Sep 11 2014 01:43 Jun 02, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A01JN6.014 S01JNPT1 SSpencer on DSK3TPTVN1PROD with SENATE S3412 CONGRESSIONAL RECORD — SENATE June 1, 2015 SEC. 103. CHALLENGES TO GOVERNMENT SUR- licly available information concerning (2) by striking ‘‘An acquisition’’ and in- VEILLANCE. unconsenting United States persons con- serting the following: (a) IN GENERAL.—Title V of the Foreign In- sistent with the need of the United States to ‘‘(1) IN GENERAL.—An acquisition’’; and telligence Surveillance Act of 1978 (50 U.S.C. obtain, produce, and disseminate foreign in- (3) by adding at the end the following: 1861 et seq.) is amended by adding at the end telligence information; ‘‘(2) CLARIFICATION ON PROHIBITION ON the following: ‘‘(B) procedures that require that nonpub- SEARCHING OF COLLECTIONS OF COMMUNICA- ‘‘SEC. 503. CHALLENGES TO ORDERS TO licly available information, which is not for- TIONS OF UNITED STATES PERSONS.— PRODUCE CERTAIN BUSINESS eign intelligence information, as defined in ‘‘(A) IN GENERAL.—Except as provided in RECORDS. section 101(e)(1), shall not be disseminated in subparagraph (B), no officer or employee of ‘‘(a) APPEAL.— a manner that identifies any United States the United States may conduct a search of a ‘‘(1) IN GENERAL.—A person who is required person, without such person’s consent, unless collection of communications acquired under to produce any tangible thing pursuant to an such person’s identity is necessary to under- this section in an effort to find communica- order issued under section 501 may appeal stand foreign intelligence information or as- tions of a particular United States person the order to a United States court of appeals sess its importance; and (other than a corporation). on the basis that the order violates the Con- ‘‘(C) notwithstanding subparagraphs (A) ‘‘(B) CONCURRENT AUTHORIZATION AND EX- stitution of the United States. and (B), procedures that allow for the reten- CEPTION FOR EMERGENCY SITUATIONS.—Sub- ‘‘(2) VENUE.—An appeal filed pursuant to tion and dissemination of information that paragraph (A) shall not apply to a search for paragraph (1) may be filed— is evidence of a crime which has been, is communications related to a particular ‘‘(A) in the United States court of appeals being, or is about to be committed and that United States person if— for a circuit embracing a judicial district in is to be retained or disseminated for law en- ‘‘(i) such United States person is the sub- which venue would be proper for a civil ac- forcement purposes.’’. ject of an order or emergency authorization tion under section 1391 of title 28, United (2) PEN REGISTERS AND TRAP AND TRACE DE- authorizing electronic surveillance or phys- States Code; or VICES.—Section 402 of the Foreign Intel- ical search under section 105, 304, 703, 704, or ‘‘(B) United States Court of Appeals for the ligence Surveillance Act of 1978 (50 U.S.C. 705 of this Act, or under title 18, United District of Columbia. 1842) is amended— States Code, for the effective period of that ‘‘(b) SUPREME COURT REVIEW.—A person (A) in subsection (d)— order; may seek a writ of certiorari from the Su- (i) in paragraph (1), by inserting ‘‘, and ‘‘(ii) the entity carrying out the search has preme Court of the United States for review that the proposed minimization procedures a reasonable belief that the life or safety of of a decision of an appeal filed under sub- meet the definition of minimization proce- such United States person is threatened and section (a)(1).’’. dures under this title’’ before the period at the information is sought for the purpose of (b) TABLE OF CONTENTS AMENDMENT.—The the end; and assisting that person; or table of contents in the first section of the (ii) in paragraph (2)(B)— ‘‘(iii) such United States person has con- Foreign Intelligence Surveillance Act of 1978 (I) in clause (ii)(II), by striking ‘‘and’’ after sented to the search.’’. is amended by adding after the item relating the semicolon; and SEC. 302. PROTECTION AGAINST COLLECTION OF to section 502 the following: (II) by adding at the end the following: WHOLLY DOMESTIC COMMUNICA- ‘‘Sec. 503. Challenges to orders to produce ‘‘(iv) the minimization procedures be fol- TIONS NOT CONCERNING TER- certain business records.’’. lowed; and’’; and RORISM UNDER FISA AMENDMENTS (B) by adding at the end the following: ACT. TITLE II—PRIVACY PROTECTIONS FOR (a) IN GENERAL.—Section 702 of the Foreign ‘‘(h) At or before the end of the period of PEN REGISTERS AND TRAP AND TRACE Intelligence Surveillance Act of 1978 (50 time for which the installation and use of a DEVICES U.S.C. 1881a) is amended— pen register or trap and trace device is ap- SEC. 201. PRIVACY PROTECTIONS FOR PEN REG- (1) in subsection (d)(1)— proved under an order or an extension under ISTERS AND TRAP AND TRACE DE- (A) in subparagraph (A), by striking ‘‘and’’ this section, the judge may assess compli- VICES. at the end; ance with the minimization procedures by (a) APPLICATION.—Section 402(c) of the For- (B) in subparagraph (B), by striking the pe- reviewing the circumstances under which in- eign Intelligence Surveillance Act of 1978 (50 riod at the end and inserting ‘‘; and’’; and formation concerning United States persons U.S.C. 1842(c)) is amended— (C) by adding at the end the following new was acquired, retained, or disseminated.’’. (1) in paragraph (1), by striking ‘‘and’’ at subparagraph: (3) EMERGENCIES.—Section 403 of the For- the end; and ‘‘(C) limit the acquisition of the contents eign Intelligence Surveillance Act of 1978 (50 (2) by striking paragraph (2) and inserting of any communication to communications to U.S.C. 1843), as amended by section 102(a), is the following new paragraphs: which any party is a target of the acquisi- further amended— ‘‘(2) a statement of facts showing that tion or communications that refer to the (A) by redesignating subsection (c) as (d); there are reasonable grounds to believe that target of the acquisition, if such communica- and the records sought— tions are acquired to protect against inter- (B) by inserting after subsection (b) the ‘‘(A) are relevant to an authorized inves- national terrorism.’’; and following: tigation to obtain foreign intelligence infor- (2) in subsection (i)(2)(B)— mation not concerning a United States per- ‘‘(c) If the Attorney General authorizes the (A) in clause (i), by striking ‘‘and’’ at the son or to protect against international ter- emergency installation and use of a pen reg- end; rorism or clandestine intelligence activities ister or trap and trace device under this sec- (B) in clause (ii), by striking the period at (other than a threat assessment), provided tion, the Attorney General shall require that the end and inserting ‘‘; and’’; and that such investigation of a United States minimization procedures required by this (C) by adding at the end the following new person is not conducted solely upon the basis title for the issuance of a judicial order be clause: of activities protected by the first amend- followed.’’. ‘‘(iii) limit the acquisition of the contents ment to the Constitution; and (4) USE OF INFORMATION.—Section 405(a)(1) of any communication to communications to ‘‘(B) pertain to— of the Foreign Intelligence Surveillance Act which any party is a target of the acquisi- ‘‘(i) a foreign power or an agent of a for- of 1978 (50 U.S.C. 1845(a)(1)) is amended by tion or communications that refer to the eign power; striking the period at the end and inserting target of the acquisition, if such communica- ‘‘(ii) the activities of a suspected agent of ‘‘and the minimization procedures required tions are acquired to protect against inter- a foreign power who is the subject of such under the order approving such pen register national terrorism.’’. authorized investigation; or or trap and trace device.’’. (b) CONFORMING AMENDMENT.—Section ‘‘(iii) an individual in contact with, or TITLE III—PROCEDURES FOR TARGETING 701(a) of the Foreign Intelligence Surveil- known to, a suspected agent of a foreign CERTAIN PERSONS OUTSIDE THE lance Act of 1978 (50 U.S.C. 1881(a)) is amend- power; and UNITED STATES OTHER THAN UNITED ed by inserting ‘‘ ‘international terrorism’,’’ ‘‘(3) a statement of proposed minimization STATES PERSONS after ‘‘ ‘foreign power’,’’. procedures.’’. SEC. 301. CLARIFICATION ON PROHIBITION ON SEC. 303. PROHIBITION ON REVERSE TARGETING (b) MINIMIZATION.— SEARCHING OF COLLECTIONS OF UNDER FISA AMENDMENTS ACT. (1) DEFINITION.—Section 401 of the Foreign COMMUNICATIONS TO CONDUCT Section 702 of the Foreign Intelligence Sur- Intelligence Surveillance Act of 1978 (50 WARRANTLESS SEARCHES FOR THE veillance Act of 1978 (50 U.S.C. 1881a), as U.S.C. 1841) is amended by adding at the end COMMUNICATIONS OF UNITED amended by sections 301 and 302 of this Act, the following: STATES PERSONS. is further amended— ‘‘(4) The term ‘minimization procedures’ Section 702(b) of the Foreign Intelligence (1) in paragraph (1)(B) of subsection (b), as means— Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is redesignated by section 301, by striking ‘‘the ‘‘(A) specific procedures that are reason- amended— purpose’’ and inserting ‘‘a significant pur- ably designed in light of the purpose and (1) by redesignating paragraphs (1) through pose’’; technique of an order for the installation and (5) as subparagraphs (A) through (E), respec- (2) in subsection (d)(1)(A)— use of a pen register or trap and trace device, tively, and indenting such subparagraphs, as (A) by striking ‘‘ensure that’’ and inserting to minimize the acquisition and retention, so redesignated, an additional two ems from the following: ‘‘ensure— and prohibit the dissemination, of nonpub- the left margin; ‘‘(i) that’’; and

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(B) by adding at the end the following: Court shall establish for purposes of this (i) LIST OF CANDIDATES.—The Privacy and ‘‘(ii) that an application is filed under title clause.’’. Civil Liberties Oversight Board shall submit I, if otherwise required, when a significant SEC. 305. CHALLENGES TO GOVERNMENT SUR- to the Chief Justice a list of not less than 5 purpose of an acquisition authorized under VEILLANCE. qualified candidates to serve as a Constitu- subsection (a) is to acquire the communica- Section 702 of the Foreign Intelligence Sur- tional Advocate. tions of a particular, known person reason- veillance Act of 1978 (50 U.S.C. 1881a), as (ii) SELECTION OF CANDIDATES.—In pre- ably believed to be located in the United amended by this title, is further amended by paring a list described in clause (i), the Pri- States; and’’; adding at the end the following new sub- vacy and Civil Liberties Oversight Board (3) in subsection (g)(2)(A)(i)(I)— section: shall select candidates the Board believes (A) by striking ‘‘ensure that’’ and inserting ‘‘(m) CHALLENGES TO GOVERNMENT SUR- will be zealous and effective advocates in de- the following: ‘‘ensure— VEILLANCE.— fense of civil liberties and consider each po- ‘‘(aa) that’’; and ‘‘(1) INJURY IN FACT.—In any claim in a tential candidate’s— (B) by adding at the end the following: civil action brought in a court of the United (I) litigation and other professional experi- ‘‘(bb) that an application is filed under States relating to surveillance conducted ence; title I, if otherwise required, when a signifi- under this section, the person asserting the (II) experience with the areas of law the cant purpose of an acquisition authorized claim has suffered an injury in fact if the Constitutional Advocate is likely to encoun- under subsection (a) is to acquire the com- person— ter in the course of the Advocate’s duties; munications of a particular, known person ‘‘(A) has a reasonable basis to believe that and reasonably believed to be located in the the person’s communications will be ac- (III) demonstrated commitment to civil United States; and’’; and quired under this section; and liberties. (4) in subsection (i)(2)(B)(i)— ‘‘(B) has taken objectively reasonable steps (C) SECURITY CLEARANCE.—An individual (A) by striking ‘‘ensure that’’ and inserting to avoid surveillance under this section. may be appointed Constitutional Advocate the following: ‘‘ensure— ‘‘(2) REASONABLE BASIS.—A person shall be without regard to whether the individual ‘‘(I) that’’; and presumed to have demonstrated a reasonable possesses a security clearance on the date of (B) by adding at the end the following: basis to believe that the communications of the appointment. ‘‘(II) that an application is filed under title the person will be acquired under this sec- (D) TERM AND DISMISSAL.—A Constitutional I, if otherwise required, when a significant tion if the profession of the person requires Advocate shall be appointed for a term of 3 purpose of an acquisition authorized under the person regularly to communicate foreign years and may be fired only for good cause subsection (a) is to acquire the communica- intelligence information with persons who— shown, including the demonstrated inability tions of a particular, known person reason- ‘‘(A) are not United States persons; and to qualify for an adequate security clear- ably believed to be located in the United ‘‘(B) are located outside the United States. ance. States; and’’. ‘‘(3) OBJECTIVE STEPS.—A person shall be (E) REAPPOINTMENT.—There shall be no SEC. 304. LIMITS ON USE OF UNLAWFULLY OB- presumed to have taken objectively reason- limit to the number of consecutive terms TAINED INFORMATION UNDER FISA able steps to avoid surveillance under this served by a Constitutional Advocate. The re- AMENDMENTS ACT. section if the person demonstrates that the appointment of a Constitutional Advocate Section 702(i)(3) of the Foreign Intelligence steps were taken in reasonable response to shall be made in the same manner as ap- Surveillance Act of 1978 (50 U.S.C. 1881a(i)(3)) rules of professional conduct or analogous pointment of a Constitutional Advocate. is amended by striking subparagraph (B) and professional rules.’’. (F) ACTING CONSTITUTIONAL ADVOCATE.—If inserting the following: TITLE IV—FOREIGN INTELLIGENCE the position of Constitutional Advocate is ‘‘(B) CORRECTION OF DEFICIENCIES.— SURVEILLANCE COURT REFORMS vacant, the Chief Justice may appoint an ‘‘(i) IN GENERAL.—If the Court finds that a SEC. 401. DEFINITIONS. Acting Constitutional Advocate from among certification required by subsection (g) does In this title: the qualified employees of the Office. If there not contain all of the required elements, or (1) CONSTITUTIONAL ADVOCATE.—The term are no such qualified employees, the Chief that the procedures required by subsections ‘‘Constitutional Advocate’’ means the Con- Justice may appoint an Acting Constitu- (d) and (e) are not consistent with the re- stitutional Advocate appointed under section tional Advocate from the most recent list of quirements of those subsections or the 402(b). candidates provided by the Privacy and Civil fourth amendment to the Constitution of the (2) DECISION.—The term ‘‘decision’’ means Liberties Oversight Board pursuant to sub- United States, the Court shall issue an order a decision, order, or opinion issued by the paragraph (B). The Acting Constitutional directing the Government to, at the Govern- FISA Court or the FISA Court of Review. Advocate shall have all of the powers of a ment’s election and to the extent required by (3) FISA.—The term ‘‘FISA’’ means the Constitutional Advocate and shall serve the order of the Court— Foreign Intelligence Surveillance Act of 1978 until a Constitutional Advocate is appointed. ‘‘(I) correct any deficiency identified by (50 U.S.C. 1801 et seq.). (3) EMPLOYEES.—The Constitutional Advo- the order of the Court not later than 30 days (4) FISA COURT.—The term ‘‘FISA Court’’ cate is authorized, without regard to the after the date on which the Court issues the means the court established under section civil service laws and regulations, to appoint order; or 103(a) of FISA (50 U.S.C. 1803(a)). and terminate employees of the Office. ‘‘(II) cease, or not begin, the implementa- (5) FISA COURT OF REVIEW.—The term (c) SECURITY CLEARANCES.—The appro- tion of the authorization for which such cer- ‘‘FISA Court of Review’’ means the court of priate departments, agencies, and elements tification was submitted. review established under section 103(b) of of the executive branch shall cooperate with ‘‘(ii) LIMITATION ON USE OF INFORMATION.— FISA (50 U.S.C. 1803(b)). the Office, to the extent possible under exist- ‘‘(I) IN GENERAL.—Except as provided in (6) OFFICE.—The term ‘‘Office’’ means the ing procedures and requirements, to expedi- subclause (II), no information obtained or Office of the Constitutional Advocate estab- tiously provide the Constitutional Advocate evidence derived from an acquisition pursu- lished under section 402(a). and appropriate employees of the Office with ant to a certification or targeting or mini- (7) PETITION REVIEW POOL.—The term ‘‘peti- the security clearances necessary to carry mization procedures subject to an order tion review pool’’ means the petition review out the duties of the Constitutional Advo- under clause (i) concerning any United pool established by section 103(e) of FISA (50 cate. States person shall be received in evidence U.S.C. 1803(e)) or any member of that pool. (d) DUTIES AND AUTHORITIES OF THE CON- or otherwise disclosed in any trial, hearing, (8) SIGNIFICANT CONSTRUCTION OR INTERPRE- STITUTIONAL ADVOCATE.— or other proceeding in or before any court, TATION OF LAW.—The term ‘‘significant con- (1) IN GENERAL.—The Constitutional Advo- grand jury, department, office, agency, regu- struction or interpretation of law’’ means a cate— latory body, legislative committee, or other significant construction or interpretation of (A) shall review each application to the authority of the United States, a State, or a provision, as that term is construed under FISA Court by the Attorney General; political subdivision thereof, and no infor- section 601(c) of FISA (50 U.S.C. 1871(c)). (B) shall review each decision of the FISA mation concerning any United States person SEC. 402. OFFICE OF THE CONSTITUTIONAL AD- Court, the petition review pool, or the FISA acquired from the acquisition shall subse- VOCATE. Court of Review issued after the date of the quently be used or disclosed in any other (a) ESTABLISHMENT.—There is established enactment of this Act and all documents and manner by Federal officers or employees within the judicial branch of the United other material relevant to such decision in a without the consent of the United States States an Office of the Constitutional Advo- complete, unredacted form; person, except with the approval of the At- cate. (C) may participate in a proceeding before torney General if the information indicates a (b) CONSTITUTIONAL ADVOCATE.— the petition review pool if such participation threat of death or serious bodily harm to any (1) IN GENERAL.—The head of the Office is is requested by a party in such a proceeding person. the Constitutional Advocate. or by the petition review pool; ‘‘(II) EXCEPTION.—If the Government cor- (2) APPOINTMENT AND TERM.— (D) shall consider any request from a pro- rects any deficiency identified by the order (A) APPOINTMENT.—The Chief Justice of vider who has been served with an order, cer- of the Court under clause (i), the Court may the United States shall appoint the Constitu- tification, or directive compelling the pro- permit the use or disclosure of information tional Advocate from the list of candidates vider to provide assistance to the Govern- acquired before the date of the correction submitted under subparagraph (B). ment or to release customer information to under such minimization procedures as the (B) CANDIDATES.— assist that provider in a proceeding before

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(ii) to provide guidance to the private (2) FACILITATION BY THE FISA COURT.—The (5) AMICUS CURIAE PARTICIPATION.— party if the private party is considering com- FISA Court may, sua sponte, permit and fa- (A) IN GENERAL.—The FISA Court of Re- pliance with an order of the FISA Court; cilitate participation by amicus curiae, in- view shall accept amicus curiae briefs from (E) shall participate in a proceeding before cluding participation in oral argument if ap- interested parties in all mandatory reviews the FISA Court if appointed to participate propriate, in proceedings before the FISA pursuant to paragraph (3) and shall provide by the FISA Court under section 403(a) and Court. for amicus curiae participation in oral argu- may participate in a proceeding before the (3) REGULATIONS.—Not later than 180 days ment if appropriate. petition review pool if authorized under sec- after the date of the enactment of this Act, (B) REGULATIONS.—Not later than 180 days tion 404(a); the FISA Court shall promulgate rules to after the date of the enactment of this Act, (F) may request to participate in a pro- provide the public with information suffi- the FISA Court of Review shall promulgate ceeding before the FISA Court or the peti- cient to allow interested parties to partici- rules to provide the public with information tion review pool; pate as amicus curiae. sufficient to allow interested parties to par- (G) shall participate in such a proceeding if SEC. 404. ADVOCACY BEFORE THE PETITION RE- ticipate as amicus curiae. such request is granted; VIEW POOL. (b) REVIEW OF FISA COURT OF REVIEW DECI- (H) may request reconsideration of a deci- (a) AUTHORITY TO PARTICIPATE.—The peti- SIONS.— sion of the FISA Court under section 403(b); tion review pool or any party to a proceeding (1) AUTHORITY.—The Constitutional Advo- (I) may appeal or seek review of a decision before the petition review pool may author- cate may seek a writ of certiorari from the of the FISA Court, the petition review pool, ize the Constitutional Advocate to partici- Supreme Court of the United States for re- or the FISA Court of Review, as permitted pate in a petition review pool proceeding. view of any decision of the FISA Court of Re- (b) RECONSIDERATION OF A PETITION REVIEW by this title; and view. POOL DECISION.— (J) shall participate in such appeal or re- (2) STANDING.—In any proceedings before (1) AUTHORITY TO MOVE FOR RECONSIDER- view. the Supreme Court of the United States re- ATION.—The Constitutional Advocate may (2) ADVOCACY.—The Constitutional Advo- lating to a petition of certiorari filed under move the petition review pool to reconsider cate shall protect individual rights by vigor- paragraph (1) and any proceedings in a mat- any decision of the petition review pool ously advocating before the FISA Court, the made after the date of the enactment of this ter for which certiorari is granted, the Con- petition review pool, or the FISA Court of Act by petitioning the petition review pool stitutional Advocate shall have standing as a Review, as appropriate, in support of legal not later than 30 days after the date on party. interpretations that minimize the scope of which all documents and materials relevant SEC. 406. DISCLOSURE. surveillance and the extent of data collec- to the decision are made available to the (a) REQUIREMENT TO DISCLOSE.—The Attor- tion and retention. Constitutional Advocate. ney General shall publicly disclose— TILIZATION OF OUTSIDE COUNSEL (3) U .—The (2) DISCRETION OF THE PETITION REVIEW (1) all decisions issued by the FISA Court, Constitutional Advocate— POOL.—The petition review pool shall have the petition review pool, or the FISA Court (A) may delegate to a competent outside discretion to grant or deny a motion for re- of Review after July 10, 2003, that include a counsel any duty or responsibility of the consideration made pursuant to paragraph significant construction or interpretation of Constitutional Advocate with respect to par- (1). law; ticipation in a matter before the FISA (c) AMICUS CURIAE PARTICIPATION.— (2) any decision of the FISA Court or the Court, the FISA Court of Review, or the Su- (1) MOTION BY THE CONSTITUTIONAL ADVO- petition review pool appealed by the Con- preme Court of the United States; and CATE.—The Constitutional Advocate may file stitutional Advocate pursuant to this title; (B) may not delegate to outside counsel a motion with the petition review pool to and any duty or authority set out in subpara- permit and facilitate participation of amicus (3) any FISA Court of Review decision that graph (A), (B), (D), (F), (H), or (I) of para- curiae, including participation in oral argu- is issued after an appeal by the Constitu- graph (1). ment if appropriate, in any proceeding. The tional Advocate. (4) AVAILABILITY OF DOCUMENTS AND MATE- petition review pool shall have the discre- (b) DISCLOSURE DESCRIBED.—For each dis- RIAL.—The FISA Court, the petition review tion to grant or deny such a motion. closure required by subsection (a) with re- pool, or the FISA Court of Review, as appro- (2) FACILITATION BY THE FISA COURT.—The spect to a decision, the Attorney General priate, shall order any agency, department, petition review pool may, sua sponte, permit shall make available to the public docu- or entity to make available to the Constitu- and facilitate participation by amicus cu- ments sufficient— tional Advocate, or appropriate outside riae, including participation in oral argu- (1) to identify with particularity each legal counsel if utilized by the Constitutional Ad- ment if appropriate, in proceedings before question addressed by the decision and how vocate under paragraph (3), any documents the petition review pool. such question was resolved; or other material necessary to carry out the (3) REGULATIONS.—Not later than 180 days (2) to describe in general terms the context duties described in paragraph (1). after the date of the enactment of this Act, in which the matter arises; SEC. 403. ADVOCACY BEFORE THE FISA COURT. the petition review pool shall promulgate (3) to describe the construction or interpre- (a) APPOINTMENT TO PARTICIPATE.— rules to provide the public with information tation of any statute, constitutional provi- (1) IN GENERAL.—The FISA Court may ap- sufficient to allow interested parties to par- sion, or other legal authority relied on by point the Constitutional Advocate to partici- ticipate as amicus curiae. the decision; and pate in a FISA Court proceeding. SEC. 405. APPELLATE REVIEW. (4) to indicate whether the decision de- (2) STANDING.—If the Constitutional Advo- (a) APPEAL OF FISA COURT DECISIONS.— parted from any prior decision of the FISA cate is appointed to participate in a FISA (1) AUTHORITY TO APPEAL.—The Constitu- Court, the petition review pool, or the FISA Court proceeding pursuant to paragraph (1), tional Advocate may appeal any decision of Court of Review. the Constitutional Advocate shall have the FISA Court or the petition review pool (c) DOCUMENTS DESCRIBED.—The Attorney standing as a party before the FISA Court in issued after the date of the enactment of this General shall satisfy the disclosure require- that proceeding. Act not later than 90 days after the date the ments in subsection (b) by— (b) RECONSIDERATION OF A FISA COURT DE- decision is issued, unless it would be appar- (1) releasing a FISA Court, petition review CISION.— ent to all reasonable jurists that such deci- pool, or FISA Court of Review decision in its (1) AUTHORITY TO MOVE FOR RECONSIDER- sion is dictated by statute or by precedent entirety or as redacted; ATION.—The Constitutional Advocate may handed down after such date of enactment. (2) releasing a summary of a FISA Court, move the FISA Court to reconsider any deci- (2) STANDING AS APPELLANT.—If the Con- petition review pool, or FISA Court of Re- sion of the FISA Court made after the date stitutional Advocate appeals a decision of view decision; or of the enactment of this Act by petitioning the FISA Court or the petition review pool (3) releasing an application made to the the FISA Court not later than 30 days after pursuant to paragraph (1), the Constitutional FISA Court, a petition made to the petition the date on which all documents and mate- Advocate shall have standing as a party be- review pool, briefs filed before the FISA rials relevant to the decision are made avail- fore the FISA Court of Review in such ap- Court, the petition review pool, or the FISA able to the Constitutional Advocate. peal. Court of Review, or other materials, in full (2) DISCRETION OF THE FISA COURT.—The (3) MANDATORY REVIEW.—The FISA Court or as redacted. FISA Court shall have discretion to grant or of Review shall review any FISA Court or pe- (d) EXTENSIVE DISCLOSURE.—The Attorney deny a motion for reconsideration made pur- tition review pool decision appealed by the General shall release as much information suant to paragraph (1). Constitutional Advocate and issue a decision regarding the facts and analysis contained in (c) AMICUS CURIAE PARTICIPATION.— in such appeal. a decision described in subsection (a) or doc- (1) MOTION BY THE CONSTITUTIONAL ADVO- (4) STANDARD OF REVIEW.—The standards uments described in subsection (c) as is con- CATE.—The Constitutional Advocate may file for a mandatory review of a FISA Court or sistent with legitimate national security a motion with the FISA Court to permit and petition review pool decision pursuant to concerns. facilitate participation of amicus curiae, in- paragraph (3) shall be— (e) TIMING OF DISCLOSURE.—

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(1) DECISIONS ISSUED PRIOR TO ENACT- (2) to eliminate the public’s ability to se- ‘‘(C) the length of time during which a per- MENT.—A decision issued prior to the date of cure information under section 552 of title 5, son has been, or was, a customer of the fi- the enactment of this Act that is required to United States Code (commonly known as the nancial institution (including the start date) be disclosed under subsection (a)(1) shall be ‘‘Freedom of Information Act’’) or any other and the type of service provided by the insti- disclosed not later than 180 days after the provision of law. tution to the customer; and date of the enactment of this Act. TITLE V—NATIONAL SECURITY LETTER ‘‘(D) any account number or other unique (2) FISA COURT AND PETITION REVIEW POOL REFORMS identifier associated with a customer of the DECISIONS.—The Attorney General shall re- SEC. 501. NATIONAL SECURITY LETTER AUTHOR- financial institution. lease FISA Court or petition review pool de- ITY. ‘‘(2) LIMITATION.—A National Security Let- cisions appealed by the Constitutional Advo- (a) NATIONAL SECURITY LETTER AUTHORITY ter issued under this subsection may not re- cate not later than 30 days after the date the FOR COMMUNICATIONS SUBSCRIBER RECORDS.— quire the production of records or informa- appeal is filed. (1) IN GENERAL.—Section 2709(b) of title 18, tion not listed in paragraph (1). (3) FISA COURT OF REVIEW DECISIONS.—The United States Code, is amended by amending ‘‘(b) NATIONAL SECURITY LETTER REQUIRE- Attorney General shall release FISA Court paragraphs (1) and (2) to read as follows: MENTS.— of Review decisions appealed by the Con- ‘‘(1) request the name, address, length of ‘‘(1) IN GENERAL.—A National Security Let- stitutional Advocate not later than 90 days service, and local and long distance toll bill- ter issued under subsection (a) shall— after the date the appeal is filed. ing records of a person or entity if the Direc- ‘‘(A) be subject to the requirements of sub- (f) PETITION BY THE CONSTITUTIONAL ADVO- tor (or the Director’s designee) certifies in sections (b) through (f) of section 2709 of title CATE.— writing to the wire or electronic communica- 18, United States Code, in the same manner (1) AUTHORITY TO PETITION.—The Constitu- tion service provider to which the request is and to the same extent as those provisions tional Advocate may petition the FISA made that— apply with respect to a request under section Court, the petition review pool, or the FISA ‘‘(A) the name, address, length of service, 2709(b) of title 18, United States Code, to a Court of Review to order— and toll billing records sought are relevant wire or electronic communication service (A) the public disclosure of a decision of to an authorized investigation to protect provider; such a Court or review pool, and documents against international terrorism or clandes- ‘‘(B)(i) in the case of a National Security or other material relevant to such a deci- tine intelligence activities, provided that Letter issued by the Director of the Federal sion, previously designated as classified in- such an investigation of a United States per- Bureau of Investigation or the Director’s formation; or son is not conducted solely on the basis of designee, include a statement of facts show- (B) the release of an unclassified summary activities protected by the first amendment ing that there are reasonable grounds to be- of such decisions and documents. to the Constitution of the United States; and lieve that the records or other things (2) CONTENTS OF PETITION.—Each petition ‘‘(B) there are specific and articulable facts sought— filed under paragraph (1) shall contain a de- showing that there are reasonable grounds to ‘‘(I) are relevant to an authorized inves- tailed declassification proposal or a sum- believe that the name, address, length of tigation (other than a threat assessment) to mary of the decision and documents that the service, and toll billing records sought— obtain foreign intelligence information not Constitutional Advocate proposes to have re- ‘‘(i) pertain to a foreign power or agent of concerning a United States person or to pro- leased publicly. a foreign power; tect against international terrorism or clan- (3) ROLE OF THE ATTORNEY GENERAL.— ‘‘(ii) are relevant to the activities of a sus- destine intelligence activities; and (A) COPY OF PETITION.—The Constitutional pected agent of a foreign power who is the ‘‘(II) pertain to— Advocate shall provide to the Attorney Gen- subject of such authorized investigation; or ‘‘(aa) a foreign power or an agent of a for- eral a copy of each petition filed under para- ‘‘(iii) pertain to an individual in contact eign power; graph (1). with, or known to, a suspected agent; and ‘‘(bb) the activities of a suspected agent of (B) OPPOSITION.—The Attorney General ‘‘(2) request the name, address, and length a foreign power who is the subject of such may oppose a petition filed under paragraph of service of a person or entity if the Direc- authorized investigation; or (1) by submitting any objections in writing tor (or the Director’s designee) certifies in ‘‘(cc) an individual in contact with, or to the FISA Court, the petition review pool, writing to the wire or electronic communica- known to, a suspected agent of a foreign or the FISA Court of Review, as appropriate, tion service provider to which the request is power; and not later than 90 days after the date such pe- made that— ‘‘(ii) in the case of a National Security Let- tition was submitted. ‘‘(A) the information sought is relevant to ter issued by the Director of the United (4) PUBLIC AVAILABILITY.—Not less than 91 an authorized investigation to protect States Secret Service, include a statement of days after receiving a petition under para- against international terrorism or clandes- facts showing that there are reasonable graph (1), and taking into account any objec- tine intelligence activities, provided that grounds to believe that the records or other tions from the Attorney General made under such an investigation of a United States per- things sought are relevant to the conduct of paragraph (3)(B), the FISA Court, the peti- son is not conducted solely upon the basis of the protective functions of the United States tion review pool, or the FISA Court of Re- activities protected by the first amendment Secret Service. view, as appropriate, shall declassify and to the Constitution of the United States; and ‘‘(2) REPORTING.—On a semiannual basis make readily available to the public any de- ‘‘(B) there are specific and articulable facts the Director of the Federal Bureau of Inves- cision, document, or other material re- showing that there are reasonable grounds to tigation and the Director of the United quested in such petition, to the greatest ex- believe that the information sought pertains States Secret Service shall fully inform the tent possible, consistent with legitimate na- to— Select Committee on Intelligence, the Com- tional security considerations. ‘‘(i) a foreign power or agent of a foreign mittee on the Judiciary, and the Committee power; (5) EFFECTIVE DATE.—The Constitutional on Banking, Housing, and Urban Affairs of Advocate may not file a petition under para- ‘‘(ii) the activities of a suspected agent of the Senate and the Permanent Select Com- graph (1) until 181 days after the date of the a foreign power who is the subject of such mittee on Intelligence, the Committee on enactment of this Act, except with respect to authorized investigation; or the Judiciary, and the Committee on Finan- a decision appealed by the Constitutional ‘‘(iii) an individual in contact with, or cial Services of the House of Representa- Advocate. known to, a suspected agent.’’. tives, concerning all requests made under (b) NATIONAL SECURITY LETTER AUTHORITY SEC. 407. ANNUAL REPORT TO CONGRESS. subsection (a). FOR CERTAIN FINANCIAL RECORDS.—Section ‘‘(3) DEFINITIONS.—For purposes of this sub- (a) REQUIREMENT FOR ANNUAL REPORT.— 1114 of the Right to Financial Privacy Act of section, the terms ‘agent of a foreign power’, The Constitutional Advocate shall submit to 1978 (12 U.S.C. 3414) is amended to read as fol- ‘international terrorism’, ‘foreign intel- Congress an annual report on the implemen- lows: ligence information’, and ‘United States per- tation of this title. ‘‘SEC. 1114. NATIONAL SECURITY LETTER FOR son’ have the same meanings as in section (b) CONTENTS.—Each annual report sub- CERTAIN FINANCIAL RECORDS. 101 of the Foreign Intelligence Surveillance mitted under subsection (a) shall— ‘‘(a) AUTHORIZATION.— (1) detail the activities of the Office; Act of 1978 (50 U.S.C. 1801). ‘‘(1) IN GENERAL.—The Director of the Fed- ‘‘(c) DEFINITION OF ‘FINANCIAL INSTITU- (2) provide an assessment of the effective- eral Bureau of Investigation, or a designee of TION’.—For purposes of this section (and sec- ness of this title; and the Director whose rank shall be no lower tions 1115 and 1117, insofar as the sections re- (3) propose any new legislation to improve than Deputy Assistant Director at Bureau late to the operation of this section), the the functioning of the Office or the operation headquarters or Special Agent in Charge in a term ‘financial institution’ has the same of the FISA Court, the petition review pool, Bureau field office, or the Director of the meaning as in subsections (a)(2) and (c)(1) of or the FISA Court of Review. United States Secret Service may issue in section 5312 of title 31, United States Code, SEC. 408. PRESERVATION OF RIGHTS. writing and cause to be served on a financial except that the term shall include only a fi- Nothing in this title shall be construed— institution, a National Security Letter re- nancial institution any part of which is lo- (1) to provide the Attorney General with quiring the production of— cated inside any State or territory of the authority to prevent the FISA Court, the pe- ‘‘(A) the name of a customer of the finan- United States, the District of Columbia, tition review pool, or the FISA Court of Re- cial institution; Puerto Rico, Guam, American Samoa, the view from declassifying decisions or releas- ‘‘(B) the address of a customer of the finan- Commonwealth of the Northern Mariana Is- ing information pursuant to this title; and cial institution; lands, or the United States Virgin Islands.’’.

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(c) NATIONAL SECURITY LETTER AUTHORITY (D) by redesignating subsections (e) and (i) amended by section 501(d)(2)(D)(i), is further FOR CERTAIN CONSUMER REPORT RECORDS.— through (m) as subsections (c) through (h), amended— (1) IN GENERAL.—Section 626 of the Fair respectively. (1) in paragraph (1)— Credit Reporting Act (15 U.S.C. 1681u) is (2) REPEAL.—Section 627 of the Fair Credit (A) in the matter preceding subparagraph amended— Reporting Act (15 U.S.C. 1681v) is repealed. (A), by striking ‘‘concerning different United (A) by striking the section heading and in- (d) TECHNICAL AND CONFORMING AMEND- States persons’’; and serting the following: MENT.— (B) in subparagraph (A), by striking ‘‘, ex- ‘‘§ 626. National Security Letters for certain (1) TABLE OF SECTIONS AMENDMENT.—The cluding the number of requests for subscriber consumer report records’’; table of sections for the Fair Credit Report- information’’; (B) by striking subsections (a) through (d) ing Act (15 U.S.C. 1681 et seq.) is amended by (2) by redesignating paragraph (2) as para- and inserting the following: striking the items relating to sections 626 graph (3); and ‘‘(a) AUTHORIZATION.— and 627 and inserting the following: (3) by inserting after paragraph (1) the fol- ‘‘(1) IN GENERAL.—The Director of the Fed- ‘‘626. National Security Letters for certain lowing: eral Bureau of Investigation, or a designee of consumer report records. ‘‘(2) CONTENT.— the Director whose rank shall be no lower ‘‘627. [Repealed].’’. ‘‘(A) IN GENERAL.—Except as provided in than Deputy Assistant Director at Bureau (2) CONFORMING AMENDMENTS.— subparagraph (B), each report required under headquarters or Special Agent in Charge in a (A) NOTICE REQUIREMENTS.—Section 1109 of this subsection shall include the total num- Bureau field office, may issue in writing and the Right to Financial Privacy Act of 1978 ber of requests described in paragraph (1) re- cause to be served on a consumer reporting (12 U.S.C. 3409) is amended by striking sub- quiring disclosure of information con- agency a National Security Letter requiring section (c). cerning— the production of— (B) TITLE 18, UNITED STATES CODE.—Title 18, ‘‘(i) United States persons; ‘‘(A) the name of a consumer; United States Code, is amended— ‘‘(ii) persons who are not United States ‘‘(B) the current and former address of a (i) in section 1510(e), by striking ‘‘section persons; consumer; 626(d)(1) or 627(c)(1) of the Fair Credit Re- ‘‘(iii) persons who are the subjects of au- ‘‘(C) the current and former places of em- porting Act (15 U.S.C. 1681u(d)(1) or thorized national security investigations; or ployment of a consumer; and 1681v(c)(1)), section 1114(a)(3)(A) or ‘‘(iv) persons who are not the subjects of ‘‘(D) the name and address of any financial 1114(a)(5)(D)(i) of the Right to Financial Pri- authorized national security investigations. institution (as that term is defined in sec- vacy Act (12 U.S.C. 3414(a)(3)(A) or ‘‘(B) EXCEPTION.—With respect to the num- tion 1101 of the Right to Financial Privacy 3414(a)(5)(D)(i)),’’ and inserting ‘‘section 626 ber of requests for subscriber information Act of 1978 (12 U.S.C. 3401)) at which a con- of the Fair Credit Reporting Act (15 U.S.C. under section 2709 of title 18, United States sumer maintains or has maintained an ac- 1681u), section 1114 of the Right to Financial Code, a report required under this subsection count, to the extent that the information is Privacy Act of 1978 (12 U.S.C. 3414),’’; and need not provide information separated into in the files of the consumer reporting agen- (ii) in section 3511— each of the categories described in subpara- cy. (I) by striking ‘‘section 1114(a)(5)(A) of the graph (A).’’. ‘‘(2) LIMITATION.—A National Security Let- Right to Financial Privacy Act,’’ each place TITLE VI—REPORTING FISA ORDERS AND ter issued under this subsection may not re- that term appears and inserting ‘‘section NATIONAL SECURITY LETTERS quire the production of a consumer report. 1114 of the Right to Financial Privacy Act of ‘‘(b) NATIONAL SECURITY LETTER REQUIRE- SEC. 601. THIRD-PARTY REPORTING OF FISA OR- 1978 (12 U.S.C. 3414),’’; and DERS AND NATIONAL SECURITY LET- MENTS.— (II) by striking ‘‘or section 627(a)’’ each TERS. ‘‘(1) IN GENERAL.—A National Security Let- ter issued under subsection (a) shall— place that term appears. (a) IN GENERAL.—Each electronic service ‘‘(A) be subject to the requirements of sub- (C) NATIONAL SECURITY ACT OF 1947.—Sec- provider may report information to the pub- sections (b) through (f) of section 2709 of title tion 507(b) of the National Security Act of lic in accordance with this section about re- 18, United States Code, in the same manner 1947 (50 U.S.C. 3106(b)) is amended— quests and demands for information made by and to the same extent as those provisions (i) in paragraph (2), by striking ‘‘section any Government entity under a surveillance apply with respect to a request under section 626(h)(2) of the Fair Credit Reporting Act (15 law, and is exempt in accordance with sub- 2709(b) of title 18, United States Code, to a U.S.C. 1681u(h)(2)).’’ and inserting ‘‘section section (d) from liability with respect to that wire or electronic communication service 626(b)(2) of the Fair Credit Reporting Act (15 report, even if such provider would otherwise provider; and U.S.C. 1681u(b)(2)).’’; and be prohibited by a surveillance law from re- ‘‘(B) include a statement of facts showing (ii) in paragraph (3), by striking ‘‘section porting that information. that there are reasonable grounds to believe 1114(a)(5)(C) of the Right to Financial Pri- (b) PERIODIC AGGREGATE REPORTS.—An that the records or other things sought— vacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).’’ and electronic service provider may report such ‘‘(i) are relevant to an authorized inves- inserting ‘‘section 1114(b)(2) of the Right to information not more often than quarterly tigation (other than a threat assessment) to Financial Privacy Act of 1978 (12 U.S.C. and only to the following extent: obtain foreign intelligence information not 3414(b)(2)).’’. (1) ESTIMATE OF NUMBERS OF DEMANDS AND concerning a United States person or to pro- (D) USA PATRIOT ACT.— REQUESTS MADE.—The report may reveal an tect against international terrorism or clan- (i) SECTION 118.—Section 118 of the USA PA- estimate of the number of such demands and destine intelligence activities; and TRIOT Improvement and Reauthorization requests made during the period to which the ‘‘(ii) pertain to— Act of 2005 (Public Law 109–177; 18 U.S.C. 3511 report pertains. ‘‘(I) a foreign power or an agent of a for- note) is amended— (2) ESTIMATE OF NUMBERS OF DEMANDS AND eign power; (I) in subsection (c)(1)— REQUESTS COMPLIED WITH.—The report may ‘‘(II) the activities of a suspected agent of (aa) in subparagraph (C), by inserting reveal an estimate of the numbers of such a foreign power who is the subject of such ‘‘and’’ at the end; demands and requests the service provider authorized investigation; or (bb) in subparagraph (D), by striking ‘‘; complied with during the period to which the ‘‘(III) an individual in contact with, or and’’ and inserting a period; and report pertains, regardless of when the de- known to, a suspected agent of a foreign (cc) by striking subparagraph (E); and mands or requests were made. power. (II) in subsection (d)— (3) ESTIMATE OF NUMBER OF USERS OR AC- ‘‘(2) REPORTING.—On a semiannual basis (aa) in paragraph (2), by striking ‘‘Section COUNTS.—The report may reveal an estimate the Director of the Federal Bureau of Inves- 1114(a)(5)(A) of the Right to Financial Pri- of the numbers of users or accounts, or both, tigation shall fully inform the Select Com- vacy Act (12 U.S.C. 3414(a)(5)(A))’’ and insert- of the service provider, for which informa- mittee on Intelligence, the Committee on ing ‘‘Section 1114 of the Right to Financial tion was demanded, requested, or provided the Judiciary, and the Committee on Bank- Privacy Act of 1978 (12 U.S.C. 3414)’’; and during the period to which the report per- ing, Housing, and Urban Affairs of the Sen- (bb) by striking paragraph (5). tains. ate and the Permanent Select Committee on (ii) SECTION 119.—Section 119(g) of the USA (c) SPECIAL RULES FOR REPORTS.— Intelligence, the Committee on the Judici- PATRIOT Improvement and Reauthorization (1) LEVEL OF DETAIL BY AUTHORIZING SUR- ary, and the Committee on Financial Serv- Act of 2005 (Public Law 109–177; 120 Stat. 219) VEILLANCE LAW.—Any estimate disclosed ices of the House of Representatives, con- is amended— under this section may be an overall esti- cerning all requests made under subsection (I) in paragraph (2), by striking ‘‘Section mate or broken down by categories of au- (a). 1114(a)(5)(A) of the Right to Financial Pri- thorizing surveillance laws or by provisions ‘‘(3) DEFINITIONS.—For purposes of this sub- vacy Act (12 U.S.C. 3414(a)(5)(A))’’ and insert- of authorizing surveillance laws. section, the terms ‘agent of a foreign power’, ing ‘‘Section 1114 of the Right to Financial (2) LEVEL OF DETAIL BY NUMERICAL RANGE.— ‘international terrorism’, ‘foreign intel- Privacy Act of 1978 (12 U.S.C. 3414)’’; and Each estimate disclosed under this section ligence information’, and ‘United States per- (II) by striking paragraph (5). shall be rounded to the nearest 100. If an es- son’ have the same meanings as in section SEC. 502. PUBLIC REPORTING ON NATIONAL SE- timate is zero, an electronic service provider 101 of the Foreign Intelligence Surveillance CURITY LETTERS. may report the estimate as zero. Act of 1978 (50 U.S.C. 1801).’’; Section 118(c) of the USA PATRIOT Im- (3) REPORT MAY BE BROKEN DOWN BY PERI- (C) by striking subsections (f) through (h); provement and Reauthorization Act of 2005 ODS NOT LESS THAN CALENDAR QUARTERS.—For and (Public Law 109–177; 18 U.S.C. 3511 note), as any reporting period, the provider may break

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PRIVACY AND CIVIL LIBERTIES OVER- means a provider of an electronic commu- SIGHT BOARD SUBPOENA AUTHOR- nications service (as that term is defined in rounded to the nearest 100.’’; and ITY. section 2510 of title 18, United States Code) (2) by adding at the end the following new Section 1061(g) of the Intelligence Reform or a provider of a remote computing service subsection: and Terrorism Prevention Act of 2004 (42 ‘‘(c)(1) Each report required under sub- (as that term is defined in section 2711 of U.S.C. 2000ee(g)) is amended— section (b) shall be submitted in unclassified title 18, United States Code). (1) in paragraph (1)(D), by striking ‘‘submit form. (2) The term ‘‘surveillance law’’ means any ‘‘(2) Not later than 7 days after a report is a written request to the Attorney General of provision of any of the following: submitted under subsection (b), the Attorney the United States that the Attorney Gen- (A) The Foreign Intelligence Surveillance General shall make such report publicly eral’’; Act of 1978 (50 U.S.C. 1801 et seq.). available.’’. (2) by striking paragraph (2); and (B) Section 802(a) of the National Security (c) ACCESS TO CERTAIN BUSINESS (3) by redesignating paragraphs (3) and (4) Act of 1947 (50 U.S.C. 3162(a)). RECORDS.—Section 502 of the Foreign Intel- as paragraphs (2) and (3). (C) Section 2709 of title 18, United States ligence Surveillance Act of 1978 (50 U.S.C. SEC. 702. SCOPE OF LIABILITY PROTECTION FOR Code. 1862) is amended— PROVIDING ASSISTANCE TO THE (D) Section 1114 of the Right to Financial (1) in subsection (b)(3), by adding at the GOVERNMENT. Privacy Act of 1978 (12 U.S.C. 3414). end the following new subparagraphs: Section 802 of the Foreign Intelligence Sur- (E) Subsections (a) or (b) of section 626 of ‘‘(F) Records concerning electronic com- veillance Act of 1978 (50 U.S.C. 1885a) is the Fair Credit Reporting Act (15 U.S.C. munications. amended— 1681u). ‘‘(G) Records concerning wire communica- (1) in subsection (a), in the matter pre- SEC. 602. GOVERNMENT REPORTING OF FISA OR- tions.’’; and ceding paragraph (1), by inserting ‘‘and ex- DERS. (2) in subsection (c)— cept as provided in subsection (j),’’ after (a) ELECTRONIC SURVEILLANCE.—Section 107 (A) in paragraph (1)— ‘‘law,’’; and of the Foreign Intelligence Surveillance Act (i) in subparagraph (A), by striking ‘‘and’’ (2) by adding at the end the following: of 1978 (50 U.S.C. 1807) is amended— at the end; ‘‘(j) VIOLATION OF USER AGREEMENTS.—Sub- (1) by redesignating subsections (a) and (b) (ii) in subparagraph (B), by striking the pe- section (a) shall not apply to assistance pro- as paragraphs (1) and (2), respectively; riod at the end and inserting a semicolon; vided by a person if the provision of assist- (2) in the matter preceding paragraph (1) and ance violates a user agreement, including (as redesignated by paragraph (1) of this sub- any privacy policy associated with the user section)— (iii) by adding at the end the following new subparagraphs: agreement, in effect at the time the assist- (A) by striking ‘‘In April’’ and inserting ance is provided between the person and the ‘‘(a) In April’’; and ‘‘(C) a good faith estimate of the total number of individuals whose tangible things person relating to whom the assistance was (B) by striking ‘‘Congress’’ and inserting provided.’’. ‘‘the Select Committee on Intelligence and were produced under an order entered under the Committee on the Judiciary of the Sen- section 501, rounded to the nearest 100; and SA 1461. Mr. MCCAIN submitted an ate and the Permanent Select Committee on ‘‘(D) a good faith estimate of the total Intelligence and the Committee on the Judi- number of United States persons whose tan- amendment intended to be proposed by ciary of the House of Representatives’’; gible things were produced under an order him to the bill H.R. 1735, to authorize (3) in subsection (a) (as designated by para- entered under section 501, rounded to the appropriations for fiscal year 2016 for graph (2) of this subsection)— nearest 100.’’; and military activities of the Department (A) in paragraph (1) (as redesignated by (B) by adding at the end the following new of Defense and for military construc- paragraph (1) of this subsection), by striking paragraph: ‘‘(3) Not later than 7 days after the date on tion, to prescribe military personnel ‘‘and’’ at the end; strengths for such fiscal year, and for (B) in paragraph (2) (as so redesignated), by which a report is submitted under paragraph striking the period at the end and inserting (1), the Attorney General shall make such re- other purposes; which was ordered to a semicolon; and port publicly available.’’. lie on the table; as follows: (d) ADDITIONAL PROCEDURES REGARDING (C) by adding at the end the following new In section 113(b), strike ‘‘The Secretary CERTAIN PERSONS OUTSIDE THE UNITED paragraphs: shall’’ and insert ‘‘Not later than 90 days STATES.—Section 707 of the Foreign Intel- ‘‘(3) the total number of individuals who after the date of the enactment of this Act, ligence Surveillance Act of 1978 (50 U.S.C. were subject to electronic surveillance con- the Secretary shall’’. ducted under an order entered under this 1881f) is amended by adding at the end the following new subsection: title, rounded to the nearest 100; and Mr. MCCAIN submitted an ‘‘(c) ADDITIONAL ANNUAL REPORT.— SA 1462. ‘‘(4) the total number of United States per- ‘‘(1) REPORT REQUIRED.—In April of each amendment intended to be proposed by sons who were subject to electronic surveil- year, the Attorney General shall submit to him to the bill H.R. 1735, to authorize lance conducted under an order entered the congressional intelligence committees appropriations for fiscal year 2016 for under this title, rounded to the nearest 100.’’; and the Committees on the Judiciary of the and military activities of the Department House of Representatives and the Senate a (4) by adding at the end the following new of Defense and for military construc- report setting forth with respect to the pre- subsection: tion, to prescribe military personnel ‘‘(b)(1) Each report required under sub- ceding year— strengths for such fiscal year, and for section (a) shall be submitted in unclassified ‘‘(A) the total number of— ‘‘(i) directives issued under section 702; other purposes; which was ordered to form. lie on the table; as follows: ‘‘(2) Not later than 7 days after a report is ‘‘(ii) orders granted under section 703; and submitted under subsection (a), the Attorney ‘‘(iii) orders granted under section 704; In section 112(b), strike ‘‘The Secretary General shall make such report publicly ‘‘(B) good faith estimates of the total num- shall’’ and insert ‘‘Not later than 90 days available.’’. ber of individuals, rounded to the nearest after the date of the enactment of this Act, (b) PEN REGISTER AND TRAP AND TRACE DE- 100, whose electronic or wire communica- the Secretary shall’’. tions or communications records were col- VICES.—Section 406 of the Foreign Intel- f ligence Surveillance Act of 1978 (50 U.S.C. lected pursuant to— 1846) is amended— ‘‘(i) an order granted under section 703; and ORDERS FOR TUESDAY, JUNE 2, (1) in subsection (b)— ‘‘(ii) an order granted under section 704; 2015 (A) in paragraph (2), by striking ‘‘and’’ at and the end; ‘‘(C) good faith estimates of the total num- Mr. MCCONNELL. Mr. President, I (B) in paragraph (3), by striking the period ber, rounded to the nearest 100, of United ask unanimous consent that when the at the end and inserting a semicolon; and States persons whose electronic or wire com- Senate completes its business today, it

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