July 29, 2013 CONGRESSIONAL RECORD — SENATE S5997 when 20 6- and 7-year-olds were killed The next day, the community had a ons. But they will absolutely bring in Sandy Hook, CT, along with 6 adults vigil for him. The vigil was to remem- some of those people back. They will who cared for them, as well as the gun- ber him but also because they did not absolutely lessen the rate below 30 a man and his mother. Since that day, have enough money for a funeral. So as day. 6,633 people have been killed by guns at the vigil was going on, one of his I am going to continue to come down a rate of about 30 a day—the highest of friends stood out on the corner with an to the floor week after week to tell the any civilized nation in the world, and empty tin can of iced-tea mix, asking stories of victims of gun violence, to we do nothing. passersby to contribute a couple cents give them a voice on the floor of the One of those, on July 14, was Horsley for a funeral that was expected to cost Senate, so that someday, some time, Shorter, Jr. Horsley managed a Family $2,000. hopefully soon, this place will wake up Dollar store in Tampa, FL. Junior, as Over the July 4 period, there were to the fact that we do have responsi- he was known, had some kids come in three shootings in New Haven, CT. bility over life and death on the floor occasionally who would try to take At around 10:30 on Wednesday night, of the Senate, and it is about time, things out of the store or try to steal. police said somebody shot and killed when it comes to the rising incidents of When he had to report them to the po- 19-year-old Errol Marshal. His body gun violence across this country, we do lice, he would. But this was a very was discovered on the front porch of a something about it. gentle man, and more often than not home, pronounced dead at the scene. I yield back the floor. he would pull the kids aside and try to At the same time, investigators I suggest the absence of a quorum. talk through things with them to try found Courtney Jackson, a 26-year-old, The PRESIDING OFFICER. The to help them understand what they suffering from a gunshot wound to the clerk will call the roll. were doing and what the implications stomach. The assistant bill clerk proceeded to were. Brian Gibson, 23, of New Haven, was call the roll. He would never do anything to insti- shot outside of a public housing com- Mrs. MURRAY. Madam President, I gate a fight, his friend said. In fact, his plex shortly thereafter. ask unanimous consent that the order last words to one of his coworkers was All three shootings were connected. for the quorum call be rescinded. ‘‘the pen is mightier than the sword.’’ All three shootings are due to the fact The PRESIDING OFFICER. Without What happened that day was an that too many kids and too many objection, it is so ordered. armed robber came into the store and young adults today do not know how to f demanded money from the clerk. Ac- resolve their disputes any other way cording to police, Shorter was inside than getting a gun, and also because in EXECUTIVE SESSION the office, and he was shot when he ran a city such as New Haven guns are like water; they are all over the place. They out to try to help his coworker who NOMINATION OF JAMES B. COMEY, are all over the place because this body was at the counter. The robber then JR., TO BE DIRECTOR OF THE does not pass legislation to keep guns forced the clerk at gunpoint into the FEDERAL BUREAU OF INVES- out of the hands of criminals. We parking lot, where he stole the clerk’s TIGATION—Resumed car and used it to escape. According to refuse to pass a bill making it a Fed- one friend, Shorter was very close to eral crime to illegally traffic guns. The PRESIDING OFFICER. Under that coworker, took him under his All those seem very dissimilar from the previous order, the Senate will pro- wing, which was the reason he ran out Newtown. But then there are ones you ceed to executive session to consider into harm’s way to try to save him. hear about that strike you as so simi- the following nomination, which the This friend said: lar to the reason why I am here today clerk will report. I believe that’s why that young guy is alive talking about this, because of the 26 The assistant bill clerk read the [today]. Junior wasn’t going to watch no- people who died at the Sandy Hook El- nomination of James B. Comey, Jr., of body die. He gave his life for him. ementary School. Connecticut, to be Director of the Fed- About 2 weeks earlier, on July 2, Not much more than a month after eral Bureau of Investigation. Chanice Reed, 22, and Annette Reed, Newtown, the Griego family was killed, The PRESIDING OFFICER. Under her mother, as well as Eddie McCuin, a all in one fell swoop, in Albuquerque, the previous order, the time until 5:30 10-year-old, were shot in a triple mur- NM—Greg, 51; Sarah, 40; Zephania, 9; p.m. shall be equally divided and con- der in Fort Worth, TX. Jael, 5; and Angelina, 2. The parents trolled in the usual form. An hour after the shooter killed his were killed by their son, the little girls Mrs. MURRAY. Madam President, I pregnant girlfriend, her mother, and and boy killed by their brother. Nehe- ask unanimous consent that the her little brother, he walked into the miah was 15 years old when he took a quorum call be divided equally between Forest Hill Police Department, telling semiautomatic weapon to kill his fam- the majority and minority. officers to arrest him because he ‘‘did ily. Like Adam Lanza, the shooter in The PRESIDING OFFICER. Without something bad.’’ He was 22 years old. Newtown, Nehemiah was a troubled objection, it is so ordered. He had a history of domestic violence. teen—more troubled than anyone Mrs. MURRAY. I suggest the absence He was sentenced to 1 year of deferred around could have realized. Like Adam of a quorum. adjudication probation because of as- Lanza, he took out his rage on his fam- The PRESIDING OFFICER. The sault. ily, first killing his mother while she clerk will call the roll. Because of a domestic dispute, and lay sleeping in her bed. Like Adam The assistant bill clerk proceeded to because of his easy access to guns, in Lanza, he had plans to continue his call the roll. order to resolve this disagreement, he killing spree. He was going to go to the Mrs. MURRAY. Madam President, I shot his pregnant girlfriend, her moth- local Wal-Mart before he was stopped. ask unanimous consent that the order er, and her 10-year-old little brother. He was anticipating getting into a fire- for the quorum call be rescinded. Just a couple days ago, in Bridge- fight with the police. And like Adam The PRESIDING OFFICER. Without port, CT, Pablo Aquino died. He was 27 Lanza, he used an assault weapon that objection, it is so ordered. years old. He was described as a ‘‘hum- was readily available to him in his own TRANSPORTATION AND HOUSING ble man.’’ He was always down at the home. APPROPRIATIONS baseball field helping kids because he Greg, 51; Sarah, 40; Zephania, 9; Jael, Mrs. MURRAY. Madam President, I had a son playing baseball there. 5; Angelina, 2—5 of the 6,633 people—30 want to notify all of our colleagues He spent his days at the Fairfield or so a day—who have been killed by that Senator COLLINS and I have been County Hunting Club in Westport, guns since December 14. We are not working together with many of our col- where he tended to horses. going to stop them all by passing a leagues on amendments to the trans- He got into an argument—a simple piece of legislation on the Senate floor. portation and housing bill over the argument—when the suspect decided Background checks will not bring 6,600 past week. I want to be very clear— that the best way to solve this argu- people back, nor will a ban on human that work is continuing. The majority ment was to turn a gun on Pablo, kill- trafficking, nor will a ban on the sale leader has made clear that we are ing him. of 30-round magazines or assault weap- going to keep working on amendments

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I It is not surprising to me that so staff and her staff also for working so urge the rest of you not to wait until many organizations are lending their hard. the last minute. Senator COLLINS and I voices in support of this bill. I want to Mrs. MURRAY. Madam President, I are working with the floor staff to line read one quote from the letter from suggest the absence of a quorum. up votes. these organizations. The letter notes The PRESIDING OFFICER. The I know everyone is anxious to have that: clerk will call the roll. The assistant bill clerk proceeded to the August recess occur. We are as Through these investments, Congress sup- well. The sooner we can get the amend- call the roll. ports small business job creation, expands Mr. LEAHY. I ask unanimous con- ments and get this bill completed, the our nation’s infrastructure capacity, sup- sent that the order for the quorum call sooner all of us will be able to accom- ports economic recovery and growth, reduces homelessness and housing hardships, and be rescinded. plish that. The PRESIDING OFFICER. Without I know a number of our colleagues on promotes lasting community and family eco- nomic success. objection, it is so ordered. the floor have noted that this has been Mr. LEAHY. Madam President, what an open process. That is what Senator I think that is a very good descrip- tion of the purpose and the programs in is the parliamentary situation? COLLINS and I set out to do, and we are The PRESIDING OFFICER. The this bill. going to make sure that continues. nomination of Mr. Comey to be the FBI One of the programs in this bill that This is a bipartisan bill. I will remind Director. all of us that it got 6 Republican votes is extremely popular and has been used very well to promote economic devel- COMEY NOMINATION in committee and 73 votes to proceed Mr. LEAHY. Madam President, I opment and community reinvestment to the open debate we have had this wish to speak about the Comey nomi- in my State is the funding for the Com- past week. That debate, again, is going nation. to continue. I am hopeful we can move munity Development Block Grant Pro- James Comey, Jr., should be con- to a bipartisan finish on a good bill gram. That is an area where our bill firmed to be our next Director of the that reflects great ideas from both differs greatly from the House bill. Federal Bureau of Investigation. I feel sides of the aisle. I want to point out that tomorrow it should be done without delay. Direc- I again want to thank Senator COL- the House of Representatives is ex- tor Mueller has served very well, but LINS for her work on this, and we are pected to consider its version of the fis- his term expires early September. It is ready to move forward. cal year 2014 Transportation and Hous- imperative the Senate work quickly to I yield the floor to her at this time. ing and Urban Development appropria- confirm his successor. The PRESIDING OFFICER. The Sen- tions bill. Think about this. If we pass I worked with Ranking Member ator from Maine. our bill, they pass their bill, we could GRASSLEY to schedule James Comey’s Ms. COLLINS. Thank you, Madam actually proceed to a conference com- confirmation hearing as soon as we re- President. mittee and work out the differences be- turned from the Fourth of July recess. Colleagues, as the chairman of our tween our respective bills. The dif- Earlier this month, with Senator subcommittee, Senator MURRAY, has ferences are marked. I do not minimize GRASSLEY’s cooperation, we in the Ju- pointed out, we are continuing to work the differences in terms of priorities diciary Committee unanimously re- through the amendments that have and funding, but that is what Congress ported the nomination of James Comey been filed on this bill. is all about. to the floor. However, in contrast with I do not think I need to remind any If we do pass our bill and the House the treatment of previous FBI Director of our colleagues on either side of the proceeds to pass its version of the T- nominees—the FBI Director nominees aisle that the August recess is fast ap- HUD appropriations bill, we will be the of all preceding Presidents—who were proaching and the Senate will have to first but I hope not the only fiscal year all confirmed by the full Senate within wrap up its work on this bill before we 2014 spending bill that is ready for con- a day or two of being reported by the adjourn. ference, goes to conference, and I hope Senate Judiciary Committee, James So I would say to my colleagues, if becomes law. Comey is the first FBI Director nomi- you have good ideas or even not so Finally, let me say, I recognize the nee to be filibustered in Senate history good ideas about this bill, we urge you Senate bill is not perfect, despite the by either Republicans or Democrats. to come to the floor and file your heroic efforts Senator MURRAY and I In this case, of course, it is the Re- amendment and do so as soon as pos- made in committee and the input and publicans who are filibustering a law sible. insight from our colleagues that are in- enforcement position such as this, As Chairman MURRAY has pointed corporated into this bill. But it is a somebody who was voted out of the out, there has been an open amend- good-faith bipartisan effort that at- committee by every single Republican ment process. We have disposed of tempts to strike the right balance be- and Democratic Senator—and then to some amendments; a couple through tween fiscal responsibility and our Na- be filibustered by Republicans on his rollcall votes, a few others through tion’s infrastructure and housing nomination? unanimous consent. But we could have needs. We should be voting to confirm done a lot more last week had people I am confident the bill that would James Comey tonight. It has already been willing to come to the floor and come back from conference would be, taken twice as long to bring up this allow us to proceed to amendments frankly, at a lower spending level, nomination for a vote in the full Sen- that were filed. which I and many on my side of the ate as for any previous FBI Director. I also want to highlight a letter the aisle want to see. But I was encouraged President Obama officially nominated Appropriations Committee has re- by the Senate’s vote last week of 73 to James Comey on June 21, 38 days ago. ceived from more than 2,420 national, 26 to allow the Senate to proceed to No other FBI Director has waited State, and local organizations, and this bill. I know we can make improve- longer than 20 days from nomination to State and local government officials in ments. That is what the amendment confirmation. The FBI Director plays a support of the funding that is in the process is all about. very vital role in our national security, programs that are included in this im- Again, I want to second what our and the Senate must put an end to portant bill. This is an important bill. chairman has said and encourage our these routine delays. It is a bill that will help us rebuild our colleagues to get their amendments Nearly 12 years ago, when the Senate crumbling infrastructure. It is a bill filed and to work with both of us so we considered President Bush’s nomina- that helps us meet the housing needs of can proceed to wrap up this work ses- tion of Robert Mueller to be Director of

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I wanted to that James Comey is such a leader. I Contrast that with President Bush, make sure that as FBI Director, James am urging Senators on both sides of Democrats were in the majority, and Comey would never condone or resort the aisle to join me in voting to over- we Democrats worked to get President to waterboarding a prisoner—some- come this filibuster in a vote to con- Bush’s nominee confirmed the same thing for which we have prosecuted firm him to be the next Director of the day he came out of committee. people in other countries. He answered Federal Bureau of Investigation. We Democrats made sure politics my questions and stated directly, un- As I said before—and I will put into were not in play in the confirmation of equivocally, that waterboarding is not the RECORD how long it has taken from the FBI Director. Republicans only personally abhorrent but that it is nomination to confirmation—twice as shouldn’t allow politics to play in the torture and illegal. He also testified long as President Bush’s FBI nomina- confirmation of an FBI Director. I said that if confirmed he would continue tion, more than twice as long as Presi- at the time, with Robert Mueller, I the FBI’s policy of not permitting the dent Reagan’s FBI nomination, and noted the FBI’s sweeping investigatory use of abusive interrogation techniques twice as long as President Nixon’s FBI powers, when used properly, can pro- against prisoners, including sleep dep- nomination. In every one of those tect all of us by combating crime, espi- rivation and cramped confinement. cases, no Democrat filibustered Presi- onage, and terrorism. But I also Mr. Comey and I do not agree on all dent Bush, President Reagan, and warned that unchecked, these same matters. I do not agree with him that President Nixon. We all worked to get powers could undermine our civil lib- the Authorization for the Use of Mili- the FBI Director in there. This fili- erties and our right to privacy. tary Force permits the government to When I spoke those words, I didn’t buster by my friends on the other side detain indefinitely an American citizen of the aisle is unprecedented. I wish know that just 40 days later the captured on American soil in military world—and the FBI -would change dra- they would treat President Obama the custody without charge or trial, and I same way we treated President Bush, matically in the wake of the terrorist will continue to oppose efforts to cod- attacks on September 11. It shook this President Reagan, and President Nixon ify such an interpretation of the law. I and not make President Obama seem area, including even the Senate be- was glad James Comey committed to cause of the anthrax attack, which to be somehow different and interfere adhering to the current administration with law enforcement the way they killed a number of individuals. One of policy of not indefinitely detaining the anthrax letters was addressed to have. Americans in such circumstances. Madam President, I ask unanimous me. As the full Senate considers the When he testified before us, I saw a President’s nomination of James consent to have printed in the RECORD man of integrity and honesty, com- a chart showing how long it took pre- Comey to be the seventh Director of petent in background, and so once he is the FBI, what I said in 2001 holds true vious Presidents. confirmed—and I trust he will be con- There being no objection, the mate- today. With the increased counterter- firmed once this filibuster has ended— rorism role of the FBI and the expan- rial was ordered to be printed in the I will continue to press him on the RECORD, as follows: sion of the FBI’s surveillance activi- scope and legality of surveillance con- ties, it is even more imperative that ducted by the government pursuant to Total # days from nomination to the next FBI Director possesses an un- FBI Director Nominee confirmation the PATRIOT Act and other authori- flagging commitment to the Constitu- ties under the Foreign Surveillance In- JAMES B. COMEY, JR. (OBAMA) ...... 38 days—as of 7/29/13. tion and the rule of law. ROBERT S. MUELLER, III (W. BUSH) 15 days. James Comey is the right man to telligence Act. As I noted during his LOUIS FREEH (CLINTON) ...... 17 days. confirmation hearing, just because the WILLIAM SESSIONS (REAGAN) ...... 16 days. lead the FBI. He has had a long and WILLIAM WEBSTER (CARTER) ...... 20 days. outstanding career in law enforcement. FBI has the ability to collect huge CLARENCE KELLEY (NIXON) ...... 19 days. He worked for years as a front-line amounts of data does not mean it THE BUDGET prosecutor on a range of cases fighting should be collecting huge amounts of violent crime, terrorism, and white- data. As the head of our premier law Mr. LEAHY. Madam President, I see collar fraud, all of which are at the enforcement agency, the FBI Director my friend from Iowa on the floor, but I core of the FBI’s mission. He also bears a special responsibility to ensure want to express for the record my con- served as the U.S. attorney for the that domestic government surveillance cern about this kind of unprecedented Southern District of New York. He does not unduly infringe upon our free- obstruction. And it is unprecedented. I served as the Deputy Attorney General doms. I have long said that protecting have been here 38 years, and this has under President George W. Bush. our national security and protecting never happened before, this unprece- In fact, Madam President, many of us Americans’ fundamental rights are not dented obstruction of the FBI nominee. remember, when he was Deputy Attor- mutually exclusive. We can and must In addition to the unprecedented ob- ney General, the dramatic hospital do both. I fully expect that James struction on the FBI nominee, I want bedside confrontation James Comey Comey will work to achieve both goals. to mention another topic that my had with senior White House officials After Director Mueller’s distin- friends on the other side of the aisle who tried to prod an ailing John guished tenure at the Bureau, James are blocking. A small minority of Sen- Ashcroft to reauthorize an NSA sur- Comey has big shoes to fill. The next ators are objecting to moving forward veillance program—a program that the Director must face the growing chal- with a budget conference. We have all Justice Department had concluded was lenge of how to sustain the FBI’s in- heard a lot of talk in the last few years illegal. Yet White House staff was over creased focus on counterterrorism about getting our fiscal house in there trying, at his hospital bed, to get while at the same time upholding the order—it makes for a great campaign the Attorney General to agree to it. FBI’s commitment to its historic law slogan. But I am afraid that too many But the Deputy Attorney General enforcement functions. It is going to be in this body are not following through stepped in, in his role as Acting Attor- particularly difficult to protect this on their responsibility to govern. ney General, and stood firm against country and protect our law enforce- It has been over four months since this attempt to circumvent the rule of ment functions because of sequestra- the Senate passed its version of a budg- law, and I believe he will continue to tion and other fiscal constraints, but I et resolution. We all remember being show the same strength of character think the FBI has to continue to play here overnight voting on amendment and principled leadership if confirmed a key role in combating the crimes after amendment. In the intervening as Director. that affect everyday Americans—from months Senate Democrats have tried 17 During his confirmation hearing be- violent crimes, to bank robberies, to times to move to a bipartisan budget fore the Judiciary Committee, James fraud and corruption cases. conference with the House to work out

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Yet each turning to regular order on the budget in American law on the legality of time the perfunctory request is made— conference—and letting conference waterboarding.’’ a request that normally is agreed to members from the House and the Sen- To give you an idea of how widely the shortly after we finish our version of ate work out a final agreement—would Individual Techniques Opinion ranged, the budget—someone from the other be a good first step to bringing some it evaluated the meaning of the terms side of the aisle, with the full support comity and order back to this body so ‘‘severe physical or mental pain or suf- of their leadership, objects. we can serve the American people. fering;’’ it evaluated ‘‘[t]he common After years of crocodile tears from Mr. WHITEHOUSE. Madam Presi- understanding of the term ‘torture’ and the other side of aisle about the lack of dent, I rise today to speak regarding the context in which the statute was a budget from the Senate, we finally the nomination of James B. Comey, enacted’’ and it discussed ‘‘the histor- pass one and they object to moving for- Jr., to serve as Director of the Federal ical understanding of torture.’’ Yet no- ward. Bureau of Investigation. where in this discussion of the ‘‘histor- After years of hearing how we need Mr. Comey has a long record of serv- ical understanding of torture’’ and the to get our fiscal house in order because ice to the Department of Justice. Col- ‘‘common understanding of the term the national debt is the single most leagues doubtless are familiar with Mr. ‘torture’’’ does this opinion mention pressing issue facing the country, we Comey’s role in the infamous scene at that it was the view of the Department pass a responsible budget plan to pay the side of Attorney General Ashcroft’s of Justice itself, confirmed by the U.S. down the debt and they object to mov- hospital bed over the reauthorization Court of Appeals for the Fifth Circuit ing forward. of part of President Bush’s warrantless in 1984, that waterboarding is torture. When it comes time to turn all the wiretapping program. Mr. Comey, to The opinion likewise fails to consider politicking into governing, they get his great credit, stood firm for the rule the American prosecutions of Japanese cold feet and object. of law and for the Department he soldiers for waterboarding our troops As the distinguished chairwoman of served. during the Second World War or the the Budget Committee has lamented Nonetheless, I believe Mr. Comey’s court-martials of American soldiers for over and over again, I am sorry to say role in the issuance of Justice Depart- using the technique in the Philippines that for some factions in the Repub- ment legal opinions on torture deserves after the Spanish-American war. lican Party today ‘‘compromise’’ is a close examination by this body. The shortcomings of the Individual dirty word and ‘‘distrust’’ is a political In August 2002, Assistant Attorney Techniques Opinion go beyond the tactic. That may explain why Senate General Jay Bybee and John Yoo of the failings of its legal analysis. Lawyers Republicans have offered up excuse Justice Department’s Office of Legal cannot analyze the law without know- after excuse for blocking the regular Counsel used what are now acknowl- ing the facts, and the record dem- budget order they so desperately pled edged to be radical—some would say onstrates that the CIA repeatedly gave for just a short time ago. Republicans outlandish—legal arguments to author- the Office of Legal Counsel bad infor- are denying the opportunity for mem- ize the use of torture. Jack Goldsmith, mation about the use and effectiveness bers of this body to work with mem- the subsequent head of the office, with- of the techniques. How willingly Yoo bers of the other body on hammering drew those opinions. His successor, and Bybee accepted false representa- out a final budget agreement. Daniel Levin, issued a new opinion, tions by the CIA about their use of the I have been fortunate to serve in this dated December 30, 2004, that provided techniques is a question for another chamber for 38 years. I was elected to a new analysis of the Federal statute day—and their consciences. the Senate in 1974, the same year the outlawing torture. The Office of Legal In 2004, however, the CIA’s Inspector Congressional Budget Act passed into Counsel, under the leadership of Steven General explained that the CIA had law. And I served here with Senator Bradbury, applied that analysis to a se- used the techniques differently than Edmund Muskie of Maine, the first ries of abusive interrogation tech- they were described in the Yoo and chairman of the Budget Committee. In niques, as used individually and in Bybee opinions. Significant misrepre- all those years—with all those budg- combination. The resulting two opin- sentations also made their way into Of- ets—I cannot recall one, single in- ions—the Individual Techniques Opin- fice of Legal Counsel opinions in 2005. stance where political obstruction like ion and the Combined Techniques Opin- As former FBI interrogator Ali Soufan this blocked the Senate from going to ion—were issued on May 10, 2005. Then- testified at a hearing I held in 2009, a conference on a budget resolution. And Deputy Attorney General Comey con- May 30, 2005, opinion claim about the just to be sure, I checked with the Con- curred in the former and vigorously ob- effectiveness of waterboarding against gressional Research Service and they jected to the latter on both legal and Khalid Sheik Muhammad and the so- could not find another instance of ob- policy grounds. called Dirty Bomber, Jose Padilla, was struction like this on a budget con- I strongly disagree with Mr. Comey’s demonstrably false. And although I ference either. Not from Democrats; conclusion that the Individual Tech- cannot discuss the report of the Senate not from the old GOP; not from anyone niques Opinion was, as he put it at his Intelligence Committee, which remains until now. confirmation hearing before the Judici- classified, it is my firm belief that Some in this body have objected to ary Committee, a ‘‘serious and respon- when all the facts are finally made the Senate considering any appropria- sible interpretation’’ of the torture public, the judgment about the candor tions bills until a final budget agree- statute. Its legal analysis is inadequate of the CIA will be harsh and the Indi- ment is reached. Let me see if I get in numerous ways, but for today I will vidual Techniques Opinion will be fur- this straight. The very same people focus on one of the most significant ther discredited. who have been begging for a new budg- shortcomings. As I pointed out at Mr. Comey’s con- et plan are blocking the Senate from As I have observed on other occa- firmation hearing, it is not enough to going to conference on the budget reso- sions, this opinion omits the 1984 Fifth say that letting the Individual Tech- lution and then saying we cannot pos- Circuit case of United States v. Lee, niques Opinion go was ok because the sibly deal with any bills to fund the which involved the prosecution by the techniques would likely only be used in government next year until we have a Reagan Justice Department of a local combination. If Mr. Comey’s view had final budget agreement, inching us sheriff and deputies who had engaged prevailed and the Combined Tech- even closer to a government shutdown in waterboarding. The Justice Depart- niques Opinion had not been issued, an or a government default that would ment’s brief on appeal described the interrogator could have waterboarded a devastate our economy and ruin the technique in detail and described it as detainee as long as that technique was very fiscal house they claim they are ‘‘water torture.’’ The opinion by the used in isolation. trying to get in order. Oh, the sweet Fifth Circuit likewise repeatedly re- It also concerns me that Mr. Comey irony here. ferred to ‘‘water torture’’ and ‘‘tor- did not press for an analysis of legal It is time for reason and sanity to re- ture.’’ As Professor David Luban of prohibitions other than the torture turn to the Senate—on this budget res- Georgetown Law School explained at a statute. The Individual Techniques olution, on nominations, and on a hearing I chaired in May 2009, Lee is Opinion and the Combined Techniques whole host of other issues. I think re- ‘‘perhaps the single most relevant case Opinion did not consider, for example,

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.030 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6001 the legality of abusive techniques Mr. Comey was on the right side. Add leagues on the other side largely ig- under American treaty obligations, to this his clear statements to the nored the shady deal. Mr. Perez tried such as those imposed by the Conven- committee, his long track record of to cover his tracks, but got caught tion Against Torture or even under the public service, and his principled leaving a voicemail that was recorded. Constitution. It may be the practice of stands on other matters of national im- Even then, my colleagues dismissed it. the Office of Legal Counsel to divide portance, and I conclude that Mr. And when he was caught concealing relevant legal questions among mul- Comey has the integrity, the capa- evidence of the deal on his personal tiple opinions, but that does not justify bility, and the commitment to lead the email accounts, he defied a lawfully failing to address all obvious and rel- Federal Bureau of Investigation. I will issued congressional subpoena and re- evant legal questions. As a result, I be- work to see his nomination confirmed fused to turn over the documentation. lieve that concurrence in the Indi- and work with him as he undertakes Incredibly, his defiance was ignored. vidual Techniques Opinion should have this new chapter in his public service. Worse yet, for all this rotten behavior, been withheld until it was clear that The PRESIDING OFFICER. The Sen- the Senate rewarded him with a pro- the Office was evaluating all relevant ator from Iowa. motion by confirming him as Secretary treaty and constitutional questions. Mr. GRASSLEY. Madam President, of Labor. Because I do not believe the Indi- Shortly the Senate will be voting to in- We see the same thing occurring with vidual Techniques Opinion is reason- voke cloture on the nomination of the nomination of Mr. Mayorkas. The able or responsible, and because I be- James B. Comey to become the next nominee for the No. 2 position at the lieve the process for reviewing that Director of the FBI. I will vote to in- Department of Homeland Security is opinion was flawed, I cannot hold Mr. voke cloture and expect many of my the target of an open investigation by Comey blameless for concurring it. He colleagues will do the same. the Inspector General of the Depart- should have done better. The confirmation of a new FBI Direc- ment of Homeland Security. The IG is This evaluation has the benefit of tor is a serious decision for this Cham- investigating allegations that the hindsight and is free from the pressur- ber to consider. As a large Federal law nominee procured a visa as a political ized atmosphere of early 2005, when Mr. enforcement agency, the FBI has nu- favor, even though the visa was prop- Comey was forced to contend with a merous responsibilities and tremen- erly rejected. White House pulling the Justice De- dous power. Only with quality leader- Incredibly, the Senate Committee partment in the wrong direction on a ship and proper Congressional over- pressed on with the hearing despite number of fronts. sight will the FBI be best equipped to unanimous objection from the minor- I accept that it was not Mr. Comey’s fight crime, terrorism, and espionage. ity for moving forward in the midst of responsibility as the Deputy Attorney I think the President has made a fine an open investigation. General to do his own research on the choice in selecting Mr. Comey as the That is incredible to me—a Senate questions addressed by the Individual next leader of the FBI, and I plan to ex- Committee would move forward with a Techniques Opinion. I do think that plain my support for him as we ap- nominee who has an open investigation the opinion had a bad enough odor to proach Mr. Comey’s confirmation vote. into the nominee’s conduct. I wish this put a responsible, well-trained lawyer I recognize there is a level of concern were a unique occurrence, but based on on alert. associated with this nomination re- recent experience in the Judiciary Mr. Comey did take significant, af- garding the use of drones by the FBI. I Committee, it is not an isolated event. firmative steps to satisfy himself that have been at the forefront of this issue, This is exactly what happened recently the Individual Techniques Opinion was raising it last year with the Attorney in the Senate Judiciary Committee issued in good faith, seeing to it that General. The Attorney General gave with respect to Mr. B. Todd Jones, the the opinion was pressure-tested by ex- me an incomplete answer as to the nominee to be Director of the Bureau posing it to broad review within the FBI’s use of drones. of Alcohol, Tobacco, and Firearms. Earlier this year, I learned the Office Department of Justice and the execu- Accordingly, after there was disclo- of Special Counsel was investigating tive branch. This fact distinguishes the sure that the FBI was using drones on Mr. Jones in a complaint that he re- U.S. soil for surveillance, I questioned Individual Techniques Opinion from taliated against a whistleblower in the Mr. Comey about the extent of that the earlier opinions that had been U.S. Attorney’s Office for the District policy. This needs to be addressed by crafted without adequate scrutiny of Minnesota. within the executive branch—scrutiny the new director, and I have Mr. In the Judiciary Committee, it has they likely could not have survived: re- Comey’s assurance he will review the been the Committee’s practice when a member the use of the Medicare stand- policy. I will be monitoring this close- nominee is the subject of an open in- ard for a torture opinion. ly, but we need a director in place, and vestigation, the Committee generally In sum, while I believe that the Indi- we need to confirm this nomination does not move forward until the issues vidual Techniques Opinion does not this week. are resolved. Because of this practice, I meet the standards expected of Justice Excellent leadership is only one in- objected to holding his hearing last Department attorneys, I ultimately gredient in the recipe for success at month and requested the hearing be have concluded that Mr. Comey per- any Federal agency. Another critical postponed to allow the investigation to formed his role reasonably. element is proper congressional over- finish. One key fact corroborates this con- sight. And it is this component I fear My request was denied. I then ob- clusion. As discussed above, the legal- too many of my colleagues have forgot- jected to putting him on the com- ity of waterboarding under American ten. Today, too many seem to believe mittee agenda until the non-partisan treaty obligations and the Constitution that advice and consent really means investigation was complete. Again, my was the obvious followup question. In rubberstamp and turn a blind eye. The request was rejected. And now, despite fact, the Office of Legal Counsel was American people deserve better than the fact there remains an open com- working on a separate opinion on those this approach to confirmations. plaint of whistleblower retaliation very questions and would publish it on Over the last few months, I have ob- against Mr. Jones before the Office of May 30, 2005. Mr. Comey, however, was served an alarming pattern. Too often, Special Counsel, his nomination will deliberately cut out. Though he al- this administration submits subpar soon be considered by the full Senate. ready had submitted his resignation, nominees while simultaneously ob- I want all my colleagues to know Mr. Comey apparently was enough of a structing any legitimate oversight by what happened because I am quite con- thorn in the side of the enablers of tor- this Congress. Sadly, many of my col- cerned by the direction it has taken, ture that they wanted to get around leagues appear to be choosing to ignore especially in light of the fact this prac- him. any effort to correct it. Let me cite tice seems to be spreading into other It is my judgment, overall, that Mr. just a few examples. Senate committees as well. Comey was an opponent of torture and We saw how Mr. Perez, an assistant Over the past few months, there has a defender of the best traditions of the attorney general, brokered an unwrit- been correspondence between my office Justice Department and our Nation. I ten deal that cost the taxpayers hun- and the Office of Special Counsel re- think he could have done better, but dreds of millions of dollars. My col- garding the status of their proceedings.

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.020 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6002 CONGRESSIONAL RECORD — SENATE July 29, 2013 I had previously received a copy of an ing needed to be held in order for him quiry into the matters before the Office anonymous letter to the Office of Spe- to have an opportunity to respond to of Special Counsel. cial Counsel making various allega- the Office of Special Counsel com- However, I am disappointed to report tions against Mr. Jones. I sent a letter plaints. I would note that a similar ra- there was no genuine effort to gather to OSC on April 8, asking for an update tionale was used to justify the all the facts. The majority only agreed on those allegations. On April 12, the Mayorkas hearing—to publicly address to jointly interview one witness, the Office of Special Counsel responded the allegations against the nominee. In whistleblower himself. However, the that there were two pending matters Mr. Jones’ case, in advance of the hear- majority refused to look into the sub- involving the U.S. Attorney’s Office, ing, the Department of Justice sent a stance of the whistleblower’s claims. District of Minnesota, where Mr. Jones letter to me stating: ‘‘Mr. Jones looks Even more troubling, it quickly turned is the United States Attorney. The forward to answering your questions into an inquiry of the whistleblower first matter was a prohibited personnel about these matters during his nomi- rather than into the alleged retaliatory practice complaint alleging reprisal for nations hearing. . . .’’ action done by the nominee. whistleblowing and other protected ac- Additionally, Mr. Jones was quoted The majority reached its own conclu- tivity. The second matter was a whis- in the Star Tribune as saying, ‘‘I am sion that it was not a whistleblower tleblower disclosure, alleging gross looking forward to meeting with the matter at all, but a personnel matter mismanagement and abuses of author- Committee and answering all their wherein management simply imposed ity. questions.’’ discipline on a disruptive or insubordi- The complaint, filed by an Assistant However, as I expected, the hearing nate employee. However, there was United States Attorney in the office, provided no information to the com- never a factual record before the com- alleged that personnel actions, includ- mittee with regard to the open Special mittee to support this conclusion. ing a suspension and a lowered per- Counsel investigation. At the hearing, The majority determined the whistle- formance appraisal, were taken in re- Mr. Jones said he could not talk about blower is an uncooperative witness for taliation for protected whistleblowing the complaint. Of course, this negated being ‘‘unwilling to provide docu- or other protected activity. the whole reason why the hearing had ments’’—meaning his personnel file. On June 5, OSC provided the com- even been scheduled. The whistleblower in this instance is mittee with an update to the two pend- At his hearing, my first question to an Assistant U.S. Attorney with 30 ing cases. It reported the whistleblower Mr. Jones was about the investigation. years of Federal service, 24 years of disclosure case had been closed based This is his reply: which he has served in the U.S. Attor- on its determination that the informa- Because those complaints are confidential ney’s Office for the District of Min- tion provided was insufficient to deter- as a matter of law, I have not seen the sub- nesota. He has extensive leadership ex- mine with a substantial likelihood that stance of the complaints, nor can I comment perience and in 2012 received the As- gross mismanagement, an abuse of au- on them. I have learned more from your sistant Attorney General’s Distin- thority, or a violation of a law, rule, or statement today than I knew before I came guished Achievement Award. here this morning about the nature and sub- It should be quite alarming to us all regulation had occurred. Accordingly, stance of the complaint. OSC closed that case file. that a staff investigation of a whistle- OSC’s action to close the whistle- A few questions later, I inquired of blower’s complaint would be twisted blower disclosure case was not based on Mr. Jones, ‘‘Will you answer the com- around into an apparent attempt to in- any investigation by that office. That plaints about the Assistant U.S. Attor- vestigate the whistleblower. action was merely a determination ney—because that is why you are here I have worked with many Federal based on a technical review of the com- today?’’ Government whistleblowers over the plaint document itself. It was not a He replied: years and this is exactly the type of finding on the merits of the complaint. Well, quite frankly, Senator, I am at a dis- treatment that whistleblowers fear. It With regard to the other issue, the advantage with the facts. There is a process is one of the main reasons they are in place. I have not seen the OSC complaint. prohibited personnel practice, I was in- I do know that our office, working with the afraid to come forward. This type of formed the complaint was referred for Executive Office of U.S. Attorneys, is in the treatment raises serious concerns. investigation. Subsequently the com- process of responding to the issues that you Unfortunately, I have come to expect plainant and Justice Department have talked about this morning, but I have this out of the Federal Government agreed to mediation. I was told that if not had the opportunity to either be inter- agencies—attacking the whistleblower mediation was unsuccessful, the case viewed or have any greater knowledge about rather than investigate the underlying would return to OSC’s Investigation what the OSC complaint is.’’ problem. I have seen it over and over and Prosecution Division for further So there we were, left with an open again. But this sort of inquiry investigation. investigation of serious allegations of shouldn’t be the way the Senate deals My colleagues should understand whistleblower retaliation. We were told with whistleblowers or others who that, of all the complaints received by the hearing was the opportunity for us come forward to testify. OSC, only about 10 percent of them to question the nominee and get these The Senate cannot conduct itself this merit an investigation. This case was questions answered, but the nominee way. We cannot ignore ongoing inves- one of them. Why did the career, non- couldn’t even talk about them at all. tigations. In my opinion, we are ne- partisan staff at OSC forward the case This put the Committee in the posi- glecting our constitutional obligations. for investigation? Presumably because tion of either allowing time for the Of- Eventually, one of these situations will they thought it needed to be inves- fice of Special Counsel to do its job or embarrass the Senate, damage the rep- tigated. That says something about the looking into the matter for ourselves utation of the Federal Government, likely merits of the case. before proceeding. and, ultimately, probably cost the tax- Before the hearing, there was dis- Strangely, late in the day before the payers, our constituents. agreement regarding the status of the hearing, the Majority offered to con- So I urge all of my colleagues to op- Special Counsel’s investigation. Ac- duct some interviews the Friday fol- pose taking further action at this time cordingly, I contacted the Special lowing the hearing. That was quite per- on the nomination of B. Todd Jones for Counsel, inquiring as to the status of plexing to me. We were going to begin Director of ATF, another nominee with the complaints. The Special Counsel the investigation after the hearing had an open investigation. I will vote no on confirmed for the second time that the concluded. I could not remember when cloture and encourage my colleagues to investigation remains open. She stated, the committee had ever conducted an do likewise. This is about protecting ‘‘The reassignment of the case for me- investigation after a nominee’s hear- the advice and consent function of the diation did not result in the matter ing. Senate. being closed.’’ The day after the hearing, the chair- The Senate should wait until the Of- Despite this, and over my objection, man’s staff indicated to the media we fice of Special Counsel has concluded on June 11, the committee went for- were conducting a bipartisan probe. its investigation and we know the ward with a hearing on the Jones nom- The media reported the majority staff truth about his retaliatory conduct ination. We were told Mr. Jones’ hear- had offered to conduct a bipartisan in- against a protected whistleblower.

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Each of these matters must but promised to thoroughly review the But as a starting point, we should all be addressed as they threaten to under- existing policies in place and the legal be in agreement that it is imprudent mine the hard work of the employees and moral issues surrounding the con- and unwise for the Senate to give final at the FBI. troversies. Furthermore, he pledged to consideration to any nominee where The position of FBI Director is work with Congress by being respon- there is an open investigation into that unique in that it is a 10-year appoint- sive to our inquiries for information. nominee’s conduct. The Senate cannot ment subject to the advice and consent Now, these promises are not unique abdicate its duty to advise and consent of the Senate. This 10-year term was to Mr. Comey. Almost every nominee on these nominees and simply extended 2 years ago on a one-time promises the Senate that he or she will rubberstamp them. only basis. The extension allowed Di- be responsive to our concerns and re- As we consider this nomination, as rector Mueller to serve an additional quests for information. Sadly, espe- well as a number of other nominations time period as the President failed to cially under this administration, once this week, I would urge my colleagues nominate a replacement. At the time, confirmed, we rarely get an adequate to ponder what a Federal agency needs we held a special hearing to discuss the response until right before that indi- in order to be best positioned to suc- importance of a term limit for the FBI vidual has an oversight hearing before ceed. In my opinion, a Federal agency Director. One of the reasons Congress a Senate or House Committee. I can needs at least two things: a quality created a 10-year term was to ensure only hope that Mr. Comey’s efforts to leader and proper congressional over- accountability of the FBI. be more transparent will not be sty- sight. I think this is especially rel- Today, we vote on the nomination of mied by the Department of Justice. evant as we consider the next Director James B. Comey for Director. Mr. As I said, I think that if any Federal of the Federal Bureau of Investigation. Comey has a distinguished legal career. agency, but especially the FBI, is to The Federal Bureau of Investigation After graduating from the University succeed, it needs quality leadership and is a powerful law enforcement agency of Chicago Law School in 1985, Mr. proper congressional oversight. After facing numerous challenges today. Comey clerked for Hon. John M. Walk- examining his record, I think that Mr. First and foremost, the FBI is still er, Jr., U.S. district judge for the Comey will prove to be that leader. undergoing a transformation from a Southern District of New York. Only time will tell, however, if this ad- Federal law enforcement agency to a In 1986, he began his legal career with ministration will allow Mr. Comey to national security agency. Following 9/ Gibson, Dunn & Crutcher, LLP, where engage the Congress and allow us to 11, the FBI’s mission changed. Director he focused on civil litigation. In 1987, perform our constitutional duty of Mueller was immediately thrust into Mr. Comey became an assistant U.S. oversight to ensure that existing legis- attorney in the Southern District of the role of reinventing a storied law lation and policies best serve this na- New York, eventually serving as dep- enforcement agency into a national se- tion. uty chief of the Criminal Division. I thank Mr. Comey for his willing- curity agency. He left the Department of Justice to While Director Mueller rose to the ness to return to public service. And I return to private practice in 1993, join- challenge and made tremendous strides urge my colleagues to support his nom- ing McGuireWoods, LLP. While at in accomplishing this transformation, ination. McGuireWoods, he served as a deputy The PRESIDING OFFICER. The ma- that job is not yet complete. It is still special counsel on the U.S. Senate Spe- jority leader. adjusting to prevent domestic ter- cial Committee to Investigate White- Mr. REID. With my friend’s permis- rorism. It must grow to combat the water and Related Matters. During this sion, I suggest the absence of a growing threat of cybercrimes that time, he also served as an adjunct pro- quorum. I need to talk to him about threaten our national security, our fessor at the University of Richmond something that deals with the consent economy, and our infrastructure. The Law School. agreement I have here. FBI needs a Director to continue to In 1996, Mr. Comey returned to gov- The PRESIDING OFFICER. Without guide it as it rises to counter these se- ernment service as Managing Assistant objection, it is so ordered. rious threats. U.S. Attorney in the Office of the U.S. The clerk will call the roll. Second, the FBI must confront the attorney for the Eastern District of The assistant bill clerk proceeded to growing concerns over the use of Virginia. By 2002, Mr. Comey was ap- call the roll. invasive methods of gathering informa- pointed U.S. attorney for the Southern Mr. REID. I ask unanimous consent tion on American citizens. One exam- District of New York. And in December that the order for the quorum call be ple would be the proper use of drones 2003, he was appointed Deputy Attor- rescinded. by domestic law enforcement agencies. ney General, a position he served with The PRESIDING OFFICER. Without Last year I raised this issue with the honor and distinction until 2005, when objection, it is so ordered. Attorney General. It now appears his he left government service. Mr. REID. Madam President, I ask response was less than forthright. This However, I would like to point out, unanimous consent that cloture on year, I raised the issue with Director and I think Mr. Comey would agree, Calendar No. 208 be withdrawn and that Mueller and again with Mr. Comey, to- that perhaps one of the best indicators the Senate proceed to vote on con- day’s nominee. about his judgment is that he had the firmation of the nomination at 5:35 Frankly, it is going to require a Di- smarts to marry an Iowan. p.m.; the motion to reconsider be con- rector who is knowledgeable on the At his confirmation hearing, Mr. sidered made and laid upon the table, subject, the law, and who is willing to Comey addressed many concerns raised with no intervening action or debate; work with Congress in order craft the by Senators from both sides of the that no further motions be in order; best policy with regard to this tech- aisle. His answers were direct and that the President be immediately no- nology’s potential use in domestic law thoughtful. On subjects with which he tified of the Senate’s action, and the enforcement. was familiar, he spoke intelligently Senate then resume legislative session Third, a host of legacy problems at and straightforward. If he didn’t know and proceed to a period of morning the FBI remain unsolved. The FBI has enough, he said so. There was no trying business, with Senators permitted to struggled to develop a working case to hide the ball or cover for his lack of speak for up to 10 minutes each; fur- management computer system. Man- expertise in a particular area. In short, ther, that the vote on cloture on Cal- agement concerns remain about the it was a refreshing change from the endar No. 223 occur on Tuesday, July proper personnel balance between spe- many nominees who come up here and 30, 2013, following leader remarks. cial agents and analysts. It has yet to try to parrot to Senators what nomi- The PRESIDING OFFICER. Is there effectively manage agent rotations to nees think we want to hear. objection?

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Since its introduction, the rescinded. The nomination was confirmed. Justice Safety Valve Act has received The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under endorsements from a diverse group objection, it is so ordered. the previous order, the motion to re- that spans the political spectrum, in- Mr. LEAHY. I yield back all remain- consider is considered made and laid cluding articles written by George ing time. upon the table and the President will Will, Grover Norquist, David Keene, The PRESIDING OFFICER. Without be immediately notified of the Senate’s and the New York Times. I ask unani- objection, it is so ordered. action. mous consent that these materials be Under the previous order, the ques- f printed in the RECORD at the conclu- sion of my remarks. tion is, Will the Senate advise and con- LEGISLATIVE SESSION sent to the nomination of James. B. In addition to driving up our prison Comey, Jr., of Connecticut, to be Di- population, mandatory minimum pen- alties can lead to terribly unjust re- rector of the Federal Bureau of Inves- MORNING BUSINESS tigation? sults in individual cases. This is why a The PRESIDING OFFICER. Under Mr. LEAHY. I ask for the yeas and large majority of judges oppose manda- the previous order, the Senate will now nays. tory minimum sentences. In a 2010 sur- resume legislative session and proceed vey by the U.S. Sentencing Commis- The PRESIDING OFFICER. Is there a to a period of morning business, with sufficient second? There appears to be sion of more than 600 Federal district Senators permitted to speak therein court judges, nearly 70 percent agreed a sufficient. for up to 10 minutes each. The clerk will call the roll. that the existing safety valve provision Mr. SCHUMER. I suggest the absence should be extended to all Federal of- The assistant legislative clerk called of a quorum. the roll. fenses. That is what our bill does. The PRESIDING OFFICER. The Judges, who hand down sentences and Mr. MERKLEY (When his name was clerk will call the roll. called). Present. can see close up when they are appro- The assistant legislative clerk pro- priate and just, overwhelmingly oppose Mr. WYDEN (When his name was ceeded to call the roll. called). Present. mandatory minimum sentences. Mr. REID. I ask unanimous consent States, including very conservative Mr. DURBIN. I announce that the that the order for the quorum call be States like Texas, that have imple- Senator from North Dakota (Ms. rescinded. mented sentencing reform have saved Heitkamp) is necessarily absent. The PRESIDING OFFICER. Without money and seen their crime rates drop. Mr. CORNYN. The following Senators objection, it is so ordered. It is long past time that Congress fol- are necessarily absent: the Senator f low their lead, and a Senate Judiciary from New Jersey (Mr. CHIESA), the Sen- Committee hearing on Federal manda- ator from Florida (Mr. RUBIO), and the JUSTICE SAFETY VALVE ACT tory minimum sentences is an impor- Senator from Alaska (Mrs. MUR- Mr. LEAHY. Mr. President, last week tant place to start. KOWSKI). the Department of Justice announced There being no objection, the mate- Further, if present and voting, the that the total U.S. prison population rial was ordered to be printed in the Senator from New Jersey (Mr. CHIESA) declined 1.7 percent from 2011 to 2012. I RECORD, as follows: would have voted ‘‘yea.’’ was encouraged to see that sentencing [From the Hill’s Congress Blog, Mar. 20, 2013] The PRESIDING OFFICER (Mr. DON- reform at the State level continues to PAUL-LEAHY SENTENCING BILL WILL ENSURE NELLY ). Are there any other Senators pay dividends by simultaneously reduc- TIME FITS THE CRIME in the Chamber desiring to vote? ing prison costs and crime rates. (By Julie Stewart and Grover Norquist) The result was announced—yeas 93, I am troubled, however, that the en- Even before the sequester took effect, the nays 1, as follows: tirety of the reduction in the U.S. pris- Obama administration’s Department of Jus- [Rollcall Vote No. 188 Ex.] on population was attributable to the tice was warning that federal prison spend- YEAS—93 States. The number of Federal pris- ing had become ‘‘unsustainable’’ and was forcing cuts in other anti-crime initiatives. Alexander Enzi Markey oners actually increased by almost Ayotte Feinstein McCain 1,500 from 2011 to 2012. While this in- Despite such warnings, we have seen little Baldwin Fischer McCaskill crease was smaller than in previous evidence of an administration strategy on how to control these costs. Fortunately, Barrasso Flake McConnell years, the Federal Government can no Baucus Franken Menendez Senators Rand Paul (R-Ky.) and Patrick Begich Gillibrand Mikulski longer afford to continue on the course Leahy (D–Vt) today are stepping in to fill Bennet Graham Moran of ever-increasing prison costs. As of that void with the introduction of bipartisan Blumenthal Grassley Murphy last week, the Federal prison popu- legislation to restore common sense to our Blunt Hagan Murray Boozman Harkin Nelson lation was over 219,000, with almost criminal sentencing laws. Boxer Hatch Portman half of those men and women impris- The Justice Safety Valve Act of 2013 au- Brown Heinrich Pryor oned on drug charges. This year, the thorizes federal courts to depart below a Burr Heller Reed Bureau of Prisons budget request was statutory mandatory minimum sentence Cantwell Hirono Reid only after finding, among other things, that Cardin Hoeven Risch just below $7 billion. providing a particular defendant a shorter Carper Inhofe Roberts A major factor driving the increase sentence—say, seven or eight years in prison Casey Isakson Rockefeller in the incarceration rate has been the Chambliss Johanns Sanders for a drug offense rather than the 10–year Coats Johnson (SD) Schatz proliferation of Federal mandatory mandatory minimum—will not jeopardize Coburn Johnson (WI) Schumer minimum sentences in the last 20 public safety. The bill does not require Cochran Kaine Scott years. This one-size-fits-all approach to judges to impose shorter sentences, and for Collins King Sessions many crimes, the minimum established by Coons Kirk Shaheen sentencing never made us safer, but it has cost us plenty. We must change Congress will be appropriate. But in cases Corker Klobuchar Shelby where the mandatory minimum does not ac- Cornyn Landrieu Stabenow course. In September, the Judiciary count for the offender’s limited role in a Crapo Leahy Tester Committee will hold a hearing to ex- Cruz Lee Thune crime or other relevant factors, the judge Donnelly Levin Toomey amine the effects of Federal mandatory would be allowed to consider those factors Durbin Manchin Udall (CO) minimum sentences and measures to and craft a more appropriate sentence.

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