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, SUNDAY, MAY 31, 2015 No. 85 House of Representatives The House was not in session today. Its next meeting will be held on Monday, June 1, 2015, at 2 p.m. Senate SUNDAY, MAY 31, 2015

The Senate met at 4 p.m. and was REMEMBERING BEAU BIDEN was saddened beyond words to hear of called to order by the President pro Mr. MCCONNELL. Mr. President, I the passing of Beau. He was such a fine tempore (Mr. HATCH). will have more to say about the Senate young man. He was a devoted husband, father, son, a dedicated servant to the f business before the Senate later, but at this time I wish to express my sincere people of Delaware, and a faithful, hon- PRAYER condolences to the entire Biden family orable veteran of the United States, having served in the Middle East in The Chaplain, Dr. Barry C. Black, of- in their moment of such deep and pro- Iraq. fered the following prayer: found loss. I, of course, extend all of the sym- Let us pray. Beau Biden was known to many as a pathy I am capable of extending to his O God, our rock and our fortress, dedicated public servant, a loving fa- family during this very difficult time. thank You for guiding our lives. With- ther of two, and a devoted partner to Beau left us far too soon. He was only out the unfolding of Your loving provi- the woman he loved, Hallie. 46 years old, but I am certain his fam- dence, we would miss life’s music. I have known the Vice President for ily will take solace in knowing he lived Lord, You have set our feet on solid many years, and it is hard to think of a selfless, noble life. ground and delivered us from our en- anything more important to him than emies. You have kept us from sorrow his faith and his family. I hope he will To my friend JOE BIDEN, whom I and sighing for we trust You in life’s find comfort in the former as he served with in Congress for so many storms. grieves such a terrible loss. years, I extend my deepest thoughts The Senate offers its Presiding Offi- Today, empower our lawmakers to be and condolences to you, JOE. cer and every member of his family our instruments of Your will. Remind them There is a song ‘‘Man of Constant prayers and our sympathy. that their times are in Your hands as Sorrow’’ that certainly, if that ever ap- You save them in Your steadfast love. f plied to someone, it would be our friend Give them serenity to accept what ORDER OF PROCEDURE JOE BIDEN. Not having been sworn in to they cannot change and courage to the Senate, he experienced the tragic Mr. MCCONNELL. Mr. President, I loss of his wife and little girl. Then, as change what they can. ask unanimous consent that the time We pray in Your Holy Name. Amen. to his two sons, Beau and Hunter, he until 5 p.m. be equally divided in the spent time on a train going back and f usual form and that the Senate recess forth to Delaware virtually every night at 5 p.m. subject to the call of the so he could take care of those two fine PLEDGE OF ALLEGIANCE Chair. young men until he was fortunate The President pro tempore led the The PRESIDENT pro tempore. With- enough to meet Jill Biden, his beau- Pledge of Allegiance, as follows: out objection, it is so ordered. tiful wife. I pledge allegiance to the Flag of the f I am very sorry JOE has had to go United States of America, and to the Repub- RECOGNITION OF THE MINORITY through this terrible ordeal now of los- lic for which it stands, one nation under God, LEADER ing a son after having lost a daughter. indivisible, with liberty and justice for all. The PRESIDENT pro tempore. The But, I repeat, there is no question f minority leader is recognized. that Delaware is a better place because of Beau, our country is a better place f RECOGNITION OF THE MAJORITY because of Beau, and the world is bet- LEADER REMEMBERING BEAU BIDEN ter place because of Beau Biden. The PRESIDENT pro tempore. The Mr. REID. Mr. President, I join in my I, and the entire Senate family, as majority leader is recognized. feelings about the JOE BIDEN family. I Senator MCCONNELL has indicated,

∑ 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 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.000 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3324 CONGRESSIONAL RECORD — SENATE May 31, 2015 send our deepest condolences as they licans oppose an extension and so voted PATRIOT Act provisions do not expire. grieve during this tragic time. last Friday. Now is the time for the majority leader f Is it any wonder, then, that even the to do what is right for the privacy and majority leader’s own Republican Sen- security of all Americans. NATIONAL SECURITY ators felt it necessary to take matters I yield the floor. LEGISLATION into their own hands? f Mr. REID. Mr. President, we are here The majority leader was also caught facing yet another manufactured crisis off guard by a Member of his own Re- RESERVATION OF LEADER TIME with the vitally important PATRIOT publican conference last week who re- The PRESIDENT pro tempore. Under Act provision set to expire in a matter fused to allow the Senate to extend the the previous order, the leadership time of hours. In fact, we have less than 8 provisions for a program that the Sec- is reserved. hours before the expiration of this crit- ond Circuit has determined is illegal. f ical national security program. That is But, again, the junior Senator from what we are faced with. Kentucky did not hide his thoughts. He USA FREEDOM ACT OF 2015— Tonight’s deadline is certainly no was on the floor for 10 hours or so. I MOTION TO PROCEED surprise. As the junior Senator from disagree with the junior Senator from The PRESIDENT pro tempore. Under Utah, a Republican, noted: ‘‘We’ve Kentucky, but we are not in the mess the previous order, the Senate will re- known for four years that this deadline today because of the junior Senator of sume consideration of the motion to was approaching.’’ Kentucky; we are in the mess we are proceed to H.R. 2048, which the clerk Like so many other occasions in today because of the majority leader. will report. which brinksmanship has pushed the The majority leader should have seen The senior assistant legislative clerk Senate and our Nation to the precipice, this coming. Everyone else did, even read as follows: the dilemma we now face was com- those in his own party. Meanwhile, the Motion to proceed to Calendar No. 87, H.R. pletely avoidable. The job of the leader Republican leader has repeatedly lec- 2048, a bill to reform the authorities of the is to have a plan. In this case, it is tured this body as to how it should Federal Government to require the produc- clear the majority leader simply didn’t function, but his actions have helped tion of certain business records, conduct have a plan. The majority leader had 5 the Senate to not function. electronic surveillance, use pen registers and months to introduce a bill from com- We can do without more lectures and trap and trace devices, and use other forms mittee that would reform and extend defiant statements. We can do with of information gathering for foreign intel- the expiring PATRIOT Act provisions, more strategy, planning, and open lines ligence, counterterrorism, and criminal pur- poses, and for other purposes. but instead he bypassed the commit- of communication because it is the ma- tees altogether and brought this to the jority leader’s job to have a plan and to The PRESIDENT pro tempore. The floor unilaterally, with no committee prioritize what must get done over minority leader. hearing—none. what he would like to get done. Mr. LEAHY. I ask, through the The majority leader recently said no In this case, my friend from Ken- Chair, if the Democratic leader will more rule XIVs, but that pledge has tucky simply did not have a plan, and yield to me for a comment. not lasted very long, has it. The major- that is why we are here staring down Mr. REID. Mr. President, I am happy ity leader had, I repeat, 5 months. the barrel of yet another unnecessary to yield to the Senator for a comment. In fact, my friend, the ranking mem- manufactured crisis that threatens our Mr. LEAHY. Mr. President, I was ber of the Judiciary Committee and a national security. struck by what the Democratic leader dean of the Senate, said this could have We heard what the head of the CIA said. He laid out the history of this. We passed so easily in the last 2 years. The said today on a Sunday show. He said are here in a manufactured, unneces- majority leader had 5 months during he is afraid something will happen sary crisis. It is a manufactured, un- the time he has been the majority lead- when this act expires. That is not just necessary crisis. er to coordinate with the House, which my assessment of the situation. This is Last year, by an overwhelming ma- passed FISA reform weeks ago, but in- from the head of the CIA. Senate Re- jority, the Senate voted to make im- stead he went it alone. publicans even feel the same way. provements to the PATRIOT Act. The In fact, it is as if the House and Sen- The Republican junior Senator from legislation made reforms to the provi- ate Republican leaders appear to be on Montana said yesterday: sions that have now been declared ille- different pages. Everyone saw this We could have done this a week ago. And gal. We did that but could not get past coming. Weeks ago, it was clear the this is the nature of Washington, D.C., al- a filibuster. We had 58 votes. Normally, Senate didn’t have adequate time to ways managing by crisis. you think of 51 votes being enough to consider trade legislation, surveillance Fortunately, there is a clear way out: pass a bill. The Democratic leader will legislation, and, of course, the highway pass the USA FREEDOM Act, which recall how hard he worked to try to get bill before the Memorial Day recess. I the House overwhelmingly passed with that bill through. The Republican lead- said that and others said that. 338 votes on a totally bipartisan basis. er said: No, we will wait until next Listen to what one Republican Con- All we need are a few more Republican year. Well, next year came. We have gressman said. His name is REID Senators to vote with Democrats and wasted so much time. There has not RIBBLE. the bill will pass. Just three, maybe been a single public hearing. There has not been any action on an alternative He could have handled it better by being four, maybe five—but a few Senators is more prepared in advance for it. They ran all we need to bring this unnecessary to the USA FREEDOM Act. out the clock basically by working on trade crisis to a screaming halt. But, I say to my friend from Nevada, first; he probably should have ran the clock I am confident we can pass this bill if he is absolutely right when he says the out on [surveillance] instead. I don’t know the majority leader will bring it to the House passed the USA FREEDOM Act what his strategy is here. I’m a little bit floor for a fair vote. by a 4 to 1 margin. It was an over- flummoxed. Now, procedurally, it is going to be whelming vote, Republicans and Demo- I say to my friend, Congressman extremely difficult to not have this crats together, to get rid of the illegal RIBBLE, that he is not the only one who bill—this law expire. This is not a bill; parts of the PATRIOT Act, to pass an is flummoxed; so are we. this is a law that is expiring. Any other improvement. We ought to just take up The Senate majority leader set up a course than just passing this bill would the USA FREEDOM Act and pass it. collision course with no plan on how to require the House to act before mid- If we were allowed to have a straight resolve it. It seems the only plan the night. They are not here, so it is not up-or-down vote in this body, I guar- majority leader had on FISA was to going to happen. There is not a quorum antee you, a majority of Senators— jam it through last Friday night; this, of House Members, and there are House both parties—would vote for it. despite the fact that an overwhelming Members who will object to a unani- So I just wanted to say that while majority of House Members oppose an mous consent request anyway. the leader was on the floor. extension, the President opposes an ex- Passing the USA FREEDOM Act is I now ask for recognition in my own tension, and a dozen Senate Repub- the only way I can foresee where the right.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.001 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3325 The PRESIDENT pro tempore. The through the Whitehouse switchboard to from groups as diverse as the National Senator from Vermont. reach the Vice President. Then I start- Rifle Association and the Center for Mr. LEAHY. Mr. President, before I ed to talk about the procedure I have, American Progress. begin my comments on the USA FREE- and JOE BIDEN started to laugh. He This broad consensus is what we saw DOM Act, I am going to speak for a said: I just got an email from Beau by the overwhelming support it re- moment on a personal matter. that he had seen you there and that I ceived in the House. They passed the REMEMBERING BEAU BIDEN should be expecting a call from you. We USA FREEDOM Act by a vote of 338 to Mr. President, Marcelle and I have talked about what a great job Beau was 88. Some in this country say that no known Beau Biden since he was a child. doing. You could hear the pride in his branch of government could have a I am the longest serving Member of father’s voice. You could hear his vote that strong to say the Sun rises in this Senate. When I came here, there pride. It was a pride that was deserved. the east. Certainly there has been no was one Senator who was one term sen- I remember JOE saying, when we major piece of legislation in years ior to me; that was JOE BIDEN. I knew were first here in the Senate—the two where we have seen a vote such as of the tragedy his family had gone of us—he would be going home every that—338 to 88. through, and I cherished the times, night on the train. Why? Not as much But now a minority in the Senate has with his office right near mine, when even that the kids needed him, but he now twice blocked the USA FREEDOM his sons Beau and Hunter would be needed them. Act from even getting a debate on the there with him. I watched them grow Finally, when he met Jill, the boys Senate floor. We were sent here not to up. I saw Beau Biden become the epit- were telling him: You should marry vote maybe but to vote yes or no. ome of what a State’s attorney general her. Last November, even though we had should be. That is a model all attor- So I grieve for them. Marcelle and I had all kinds of committee hearings on neys general throughout the country sat there and cried last night when we this, we heard complaints that there could have followed. Progressive, wor- heard the news. I think, what a won- had not been enough of a committee ried about improving the law, improv- derful family. I think about a life cut process on the bill and that the Senate should wait to address Section 215 ing peoples’ lives—he did that. too short—far too short. I know how much we appreciated it Mr. President, I can and will say under the new Republican leadership. when we would see him and Hallie at more later. So the Republican leader led a success- an event, when Marcelle and I would Mr. President, on the matter the dis- ful filibuster against a bill which still get a chance to talk with them. It was tinguished Democratic leader was talk- had a majority of Members in this body like picking up a conversation that had ing about, the USA FREEDOM Act, voting for it. But what has happened in ended just a few minutes before. let’s just take it up and pass it. Oppo- this Congress? Not a single public hear- I remember one thing especially nents of this bipartisan, commonsense ing on this issue; no committee proc- about Beau. I was in Iraq during the legislation have run out of excuses. I ess. And then last weekend, the Senate war. It was a day when it was well over see this as a manufactured crisis, and was blocked from even debating the 100 degrees outside. I was being it is. This matter should have been House-passed bill and considering brought to a place where there was taken up and voted on up or down a amendments. Opponents of reform have failed to going to be a briefing, being zipped into month ago. There is only one viable introduce any legislative alternative to this building. There were a number of and responsible path remaining: Pass the bipartisan USA FREEDOM Act, the soldiers wearing T-shirts, shorts, and the USA FREEDOM Act that passed bill which reforms many problems of sidearms playing ball outside in this overwhelmingly in the House of Rep- the PATRIOT Act. They have come up 110-, 120-degree heat. As I went to the resentatives. Pass it and send it to the with no legislative alternative other President’s desk and he will sign it. If door, one of them turned around and than a clean extension, which we know we do not pass it, then those parts of gave me a big wave with his arm block- has no chance of becoming law. Of the PATRIOT Act that most of us ing his face. I was not sure who it was. course, it makes no difference because agree on are going to expire at mid- I kind of waved back. Pretty soon, he at midnight it stops being the law. came to the door. It was Beau Biden. I night. The time for excuses and inaction remember we gave each other a big The irony of it is that the USA has passed. The American people and hug. He was there as a captain in the FREEDOM Act of 2015 is a carefully the intelligence community profes- Delaware Reserves. He was decorated crafted, bipartisan compromise that sionals who strive to protect them de- for his service. We talked about what both protects Americans’ privacy and serve better. he was doing. He was praising the men keeps this country safe. Before they We have a few hours remaining to and women who worked there. Nothing were talking about, we are going to work things out and pass the USA about anything he might be doing; he keep the country safe but Americans’ FREEDOM Act, but there is no room was praising everybody else. It was privacy—not so much. This is a bill for error. There is very little time. such a refreshing moment being with that does both. Again, I said it is a manufactured cri- him, and it was so typical of who he The legislation would end the NSA’s sis. The deadline to act is midnight to- was as a person. bulk collection of Americans’ phone night. The House will not return to the I told him that I have a procedure records. It adds significant new reforms Capitol until tomorrow, after the dead- that if I am in another country and I to limit government surveillance. It in- line has passed. We could talk about am with our military, that if there are creases transparency and also pro- passing a 100-year extension if we Vermonters there, I always take their motes greater accountability and over- wanted; it makes no difference because names and I ask them if they have fam- sight—something the original PA- the time will have passed. So if the ily back home in Vermont. Most of TRIOT Act did not have. Senate does not pass the House-passed them do. I get their phone number, and The bill is the product of countless USA FREEDOM Act or if we amend it as soon as I get back, I call their moth- hours of painstaking negotiations with in any way, the authorities are going er or their father, their husband or key Members—both Republicans and to expire. their wife, brother or sister, whoever it Democrats—in the House and the Sen- I have said repeatedly—and my co- might be, and say: I saw a member of ate, men and women I respect so much sponsor of the USA FREEDOM Act, your family; here is what they are because they want to do what is best Senator LEE, agrees with me—that we doing; they look well, and all that. for the country. We have negotiated would like to have a debate on our bill So I told Beau, I said: Look, I have with the NSA, the FBI, the Justice De- and consider amendments. Because op- known you since you were a youngster. partment, privacy and civil liberties ponents of reform have run out the I will call your father as soon as I can groups, the technology industry, and clock and jammed the Senate, we are and tell him you are behaving yourself, other key stakeholders. We brought ev- not left with very much time. and you are doing a good job. We erybody together. When we began, we Let’s get this done today. If we pass laughed at that. wondered if that would be possible. We the USA FREEDOM Act, the President Shortly thereafter, I got on the did it. That is why the USA FREEDOM could sign it tonight and the intel- phone we had available to us to go Act has such strong support, including ligence community could move forward

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.003 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3326 CONGRESSIONAL RECORD — SENATE May 31, 2015 with the certainty it needs to protect time for us to do our jobs—to debate attacks. People act like that is all NSA the American people. and then to vote. Don’t duck the vote. does. They haven’t even bothered to Some may argue that if you had a Vote up or down on the bill the House educate themselves as to legality and short-term extension—which, of gave us. Stand up and be counted ei- constitutionality. course, we do not have—they have said: ther for or against it. As Senators, let’s Congress passed the Patriot Act. Well, maybe we could work out some have the courage to do that. President George W. Bush told us it kind of a compromise bill. But let The USA FREEDOM Act is a reason- was constitutional. We need good intel- there be no misunderstanding: The able, responsible way forward, and we ligence. In a world of ISIL, Nusra USA FREEDOM Act is a solid, care- should pass it tonight. But don’t duck Front, and al Qaeda, the NSA is our fully negotiated compromise. For all behind not doing anything and pretend front line of defense and the people of those Senators on either side of the that is a solution. I don’t think there is NSA make up that front line. aisle who have not spent the hours and a single American, Republican or Dem- There is no evidence of abuse by NSA hours and hours, as Senator LEE and I ocrat, who would believe that was a re- employees. The men and women of and our staffs have spent, maybe they sponsible solution. NSA have adhered to the law. They do not know the work that went into Mr. President, I yield the floor. have submitted to oversight, audits, this—again, how you get groups from Ms. MIKULSKI. Mr. President, I am checks and balances, and reviews from the left to the right supporting it. back here during an unprecedented Congress and the courts. It would be irresponsible to kick the Sunday session hoping we can avoid a The employees of NSA know that ev- can down the road once again, relying totally unnecessary disaster tonight; erything has to be constitutional, on the false hope that the House will hoping we will do what is right for the legal, and authorized. They thought agree to pass a short-term extension— country: Pass the USA FREEDOM Act they were implementing the law, but something they said they will not do— today. Right now. some in the media and even some in and that we will somehow be able to I will let others speak to the merits this body have made them feel like agree on a half-baked alternative that of the USA FREEDOM Act. It is our they were wrongdoers. I find this infu- has yet to be introduced in either body best opportunity to protect the Nation riating and insulting. Morale has been and most assuredly would not pass the while balancing between privacy and devastated at NSA. Families have been House. constitutional surveillance. harassed for working at the NSA and So do not be fooled or tempted by the I do support reforming the Patriot their kids are bullied at school. promise of a short-term extension. Act, but I do not support unilateral They have also been devastated by That would guarantee nothing. Well, disarmament of our Nation’s need to actions of their own government. First, wait a minute. I take that back. Pass- know what bad guys with predatory in- by sequester—then, by the government ing a short-term extension does guar- tent are planning against the United shutdown. Now, by Congress’s failure antee something: It guarantees the ex- States of America. to reform national security authorities But my comments today are not piration of these authorities at mid- that help them keep our country safe. night tonight. It guarantees more un- about standing up for the USA FREE- It is wrong. I want people to remem- certainty, more litigation, more risk DOM Act. ber that tonight as we discuss impor- for the intelligence community, and a I am here to stand up for the men and tant reforms. Let us not let them repeat of the chaotic brinksmanship women working for the NSA, FBI, and down, once again, with our own failure later on down the road with another other intelligence agencies essential to to act. manufactured crisis. protecting our country against ter- I know there are some who worry rorist attacks—whether it is a ‘‘lone Mrs. FEINSTEIN. Mr. President, it is that the bill does not go far enough wolf’’ or state sponsored. These dedi- greatly disappointing that the Senate when it comes to reform. Well, then cated, patriotic intelligence profes- is in session today to reconsider a vote where were they in coming up with a sionals want to operate under rule of we took before the Memorial Day re- better idea? If this passes, the USA law that is constitutional, legal, and cess to extend the three expiring provi- FREEDOM Act would be the most sig- authorized. sions of the Foreign Intelligence Sur- nificant set of reforms to government They are ready to do their jobs, but veillance Act. surveillance since the PATRIOT Act Congress needs to do our job and pass a Instead of passing the USA FREE- was enacted. The reason we are here to bill that is constitutional, legal, and DOM Act a week ago and sending it to even debate it is that then-majority authorized. the President, we are now poised to leader Dick Armey in the House and I Ever since Edward Snowden made his take the measure up this coming week, put in sunset provisions. So we will allegations, the men and women of our after the FISA authorities have ex- have to show responsibility and vote, intelligence agencies have been vilified pired. The result is that our intel- as the House did by a 4-to-1 margin. as if they were the enemy. They ligence agencies will lose important Our bill—Senator LEE’s and my bill— thought they were doing their jobs pro- tools to protect against terrorist at- would not just end the NSA’s bulk col- tecting us against the enemy. tacks. This is a self-inflicted harm, and lection under Section 215, it would add Let me tell you—the men and women one that was totally unnecessary. new transparency and oversight re- of the NSA, FBI, and our other intel- As I did a week ago, I will vote to in- forms to other surveillance authorities, ligence agencies are patriots who have voke cloture on the motion to proceed and it would be a solid foundation upon been wrongly vilified by those who to the USA FREEDOM Act, and I in- which we could build our future reform don’t bother to inform themselves tend to vote for the legislation through efforts. about our national security structures the upcoming procedural votes. The I have been in the Senate for more and the vital functions they perform. bill is not perfect, but it extends the than 40 years. I have learned that when Now a special word about the NSA, business records, lone wolf, and roving there is a chance to make real which is headquartered in my home wiretap provisions and it institutes progress, we ought to seize it. But I State of Maryland. The 30,000 men and some important reforms to FISA. also know we cannot let this be the end women in the NSA serve in silence— Unfortunately, what we have on the of our fight for greater privacy protec- without public accolades. They protect floor of the Senate tonight is political tions, transparency, and account- us from cyber attacks. They protect us gamesmanship at its worst. We should ability. I remain committed to fighting against terrorist attacks. They support have had this debate weeks or months that fight on behalf of Vermonters and our warfighters. They are Ph.D.’s and ago, not up against the deadline. Fail- all Americans. scientists. They are linguists, cyber ing that, the majority should not have So the choices before us this evening geeks, and whiz kids—the treasured defeated this motion last week when it are clear: Either let these authorities human capital of this Nation. is prepared today to pass it. expire completely or pass the USA Remember that section 215 is such a We should skip the unnecessary delay FREEDOM Act. There is no more time small aspect of what the NSA, FBI, and of voting separately on the motion to for political maneuvering or other intelligence agencies do as they proceed, cloture on the bill, and on the fearmongering or scare tactics. It is stand sentry in cyber space stopping bill itself. Clearly there are 60 votes in

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.004 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3327 this chamber to pass the USA FREE- What it does is help the Intelligence they will outlive their children. That is DOM Act, whether we do it today or if Community know more about people not the natural order of things. It is we do it next week. for whom there is a ‘‘reasonable not how we think. And the grief that So the question comes: why not pass articulable suspicion’’ of being tied to comes from the death of a child, the this bill today, reform the business terrorist groups. If there is a terrorist death of a son or a daughter, is truly records provision of FISA, and keep in Syria talking to Americans at home, deep and has significant impact. important intelligence authorities in we want to know that. If a phone num- It was impossible not to feel the emo- effect? Unfortunately, the answer is ber, for example, in Garland, TX, is in tion and shed tears early this morning that one Senator is holding this proc- touch with an ISIL operations chief, we in our home in Indianapolis when we ess hostage for his own political ben- need to know. That information allows heard the news. Our condolences and efit. It is a travesty, and it is uncon- the FBI to go to a court for a probable deep sharing of grief that we can’t even scionable. cause warrant to conduct electronic begin to fully comprehend because we We remain a nation under threat of and physical surveillance of a suspect. haven’t had to deal with it—all of that terrorism. Our allies remain under This program is conducted under comes across. I think every Member of threat of terrorism. strict oversight and operational limita- this body reaches out to them with our This is not hypothetical. The Islamic tions. The number of people at NSA thoughts and our prayers as they go State in Iraq and the Levant—ISIL—is with access to the data is small—it was through this very tragic situation. seeking to recruit individuals to con- 22 in 2013. They have to get approval Mr. President, I am a little surprised duct attacks against the United States. each time they do a query of the phone to hear the Senator from Vermont Tens of thousands of foreign fighters records; today that approval comes talking about how the Senate ought to have entered Iraq and Syria to join from the FISA Court. The query only just completely concede to whatever ISIL. There are hundreds of people in- returns information on what numbers the House sends to the Senate. The fact side the United States right now that were called by, and called, the phone is that we had a very significant dis- cussion and debate on this issue all ISIL is seeking to inspire, direct, and number in question, and then a second week before the Memorial Day break assist in carrying out an attack. hop from that number. There were 288 and it had gone on for months, if not Al Qaeda in the Arabian Peninsula— phone numbers approved for queries in years, before in the Intelligence Com- AQAP—is developing non-metallic, 2012, and those queries led to 12 prob- mittee on which I serve and among undetectable bombs for use on U.S. air- able cause warrants by the FBI. liners and is teaching people how to The program is overseen within the Members generally. This is one of the most important make such devices themselves. These NSA by multiple officials, including pieces of legislation we will have to groups are competing to be worst of the inspector general and the privacy deal with. It was drafted and spawned the worst in international terrorism and civil liberties officer. It is overseen as a result of 9/11 when the American and they are coming after us. by the Department of Justice, which people said: Are we doing everything We aren’t sending thousands of reviews every single query, and by the we possibly can to prevent something troops to confront ISIL in Iraq and Office of the Director of National Intel- such as this from happening again? Syria or to stop AQAP in Yemen. We ligence. It is overseen by the Intel- Congress debated extensively the PA- aren’t going to diminish their threats ligence and Judiciary Committees of TRIOT Act and the tools the intel- through partnership with local govern- the House and the Senate, and it is ligence community suggested we give ments. overseen for compliance purposes by them the authority to use to try to The only way we are going to stop at- the FISA Court. prevent that catastrophe from ever tacks against the United States and So these are important tools that, happening again and doing everything our people is by collecting good intel- because of Senate inaction and recal- we could to prevent terrorist attacks. ligence. To me, that means we need to citrance, will expire tonight. As a re- Along the way, there have been modi- do everything lawful and effective in sult, we make ourselves more vulner- fications, and there have been changes. intelligence to identify and thwart able. Recently, there has been significant those attacks. I very much regret this situation national debate over whether one of The roving wiretap provision is im- that the Senate has created, and I urge these many essential tools that help us portant. It says that the FBI doesn’t my colleagues to vote for cloture and gather the intelligence to try to pre- have to stop surveillance against a ter- to quickly enact the USA FREEDOM vent and to understand the nature of rorist or a foreign spy when he buys a Act. the threat should be used. There clear- new cell phone or changes his email ac- The PRESIDING OFFICER (Mr. ly is a difference of opinion among count. Having to do so in today’s world GRASSLEY). The Senator from Indiana Members here in the Senate and even would be ridiculous. is recognized. in the House of Representatives. Yes, The ‘‘lone wolf’’ provision is impor- Mr. COATS. Mr. President, I also re- the Senate did pass a reform measure tant. To be clear—it hasn’t been used. gret that we are where we are. that I think is flawed, personally. I But to be equally clear, never before REMEMBERING BEAU BIDEN think it diminishes—it doesn’t elimi- have we faced the exact threat that I would also like to defer for just a nate, but it diminishes and some even this provision was written to address: moment, before I make my remarks believe it eliminates the usefulness of the threat of an individual, inside this that I came to the floor to make, to this particular program. We went back country, plotting to kill Americans add my condolences to Vice President and forth on that for a significant part without traveling abroad and training BIDEN, his wife, and his family. I just of the week before we adjourned. with a terrorist group first. learned the tragic news this morning. The Senator from Vermont comes to The business records provision is im- Some may have known that Beau was the floor and basically says: Look, the portant. It includes both routine re- dealing with a form of cancer. I did not House passed this; so therefore we quests for records—hotel bills, car know that. It came as a shock to hear ought to just go ahead and pass it. He rentals, travel information—that are that information. said there was no other alternative pre- regular parts of law enforcement and Having served with the current Vice sented, but that is not the case. We had national security investigations. It President in the U.S. Senate and hav- a procedural vote on the House bill, also authorizes the NSA’s phone ing gotten to know him and his family, and we had a vote on the bill to extend metadata program. Under this provi- establishing a relationship—a profes- this program, so we can come spend a sion, the NSA gets information about sional relationship as well as a friend- little more time to try to figure out phone calls to include the numbers on ship—I still cannot begin to com- how best to deal with this issue. Nei- either end of the line, the time, and the prehend the grief that comes from the ther of those passed, indicating that duration of the call. It does not include loss of a child. I know there are Mem- the Senate did not have the same con- the words that are spoken as part of bers in this body who have experienced sensus the House reached, which was a the phone conversation, the identities that. I am fortunate that Marsha and I partial consensus. That is what the of the people involved, or their loca- have not experienced that. But any Senate is all about. We are not just a tion. parent’s perhaps deepest fear is that rubberstamp for the House.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.029 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3328 CONGRESSIONAL RECORD — SENATE May 31, 2015 What is really ironic is the fact that Qaeda, ISIS, or some group overseas from the 215 program, which is the col- for 4 years, under Democratic leader- that is attempting to do harm to the lection of phone numbers. We do not ship of this Senate, the House, under United States—why is this particular collect the names of people who own Republican leadership, sent us hun- phone number—not the name of the those numbers. It is the collection of dreds of pieces of legislation, and if we person who owns the phone number— what is called metadata. It has been followed the admonition to us of the why is this particular phone number described as simply the same data that Senator from Vermont, we would have being called by someone in Yemen or is on our telephone bills that the Su- just rubberstamped those. The House being called by what we strongly sus- preme Court has said is not a breach of passed it, so why wouldn’t we go for- pect is a foreign operative through the Fourth Amendment. It is not privi- ward? I don’t think that argument ISIS, Al Qaeda, Yemen, or other points leged for privacy purposes. It shows the makes a lot of sense. where we know terrorist activity is date the call was made, the duration of Senators are here to address issues in rampant? the call, the number that was called, the U.S. Senate. Are there many bills There is a signal that comes up that and that is it. And those numbers are the House passes that I agree with? matches phone numbers, and they say: put into a system whereby we can Yes. My party controls the House. Are We better look into this. But before check against that a number that sus- there bills here that I don’t agree with they can look into it, it has to be vet- piciously is talking to a foreign opera- that they have passed? Yes. We, as Sen- ted by a court. It has to be taken to a tive in a foreign country. That then ators, use our prerogative in terms of FISA Court or an intelligence court automatically triggers that you better where we stand, and ultimately we and judged by that court as something look at this—it is kind of a ping—you take a vote and we either win or we viable to pursue. At that point, it is better look at this one. Nobody has ac- lose. Sometimes it coordinates with similar to what a court would order if cess, at this point, to any content re- the House of Representatives and other there were a warrant to go and find lated to the name of the individual times it doesn’t, so then we go to con- more information to see whether this until it reaches a level of suspicion ference and we pass an alternative. But suspicion actually is reality. that is vetted through six layers of to say there hasn’t been debate relative We read about it every day and we oversight and then is sent to a court to this program in the House-passed watch it on television—‘‘Law and that looks at it to say: We agree with bill is simply not true. Order’’ and all the shows and so forth— you or we don’t agree with you. And if Unfortunately, there has been such a about how law enforcement suspects we agree with you, then it is the FBI significant misrepresentation of what that this particular activity is a crimi- who is alerted that they better look this program is and what this program nal organization or this is a drug house into this. isn’t, and that has caused a lot of angst or they have reason to believe the per- Now, there has never been a time which we are trying to deal with. Much petrator of the crime is this individual. since 9/11 when we have dealt with a of the public—at least some portion of They can’t go raiding their house. higher threshold than we currently are the public—is convinced that the gov- They can’t go downloading information dealing with. You hear about it every ernment is listening to every phone about them until they go to a court day. You read about it every day. ISIS call they make. It has been said on this and receive approval from a judge say- has recruited more than 20,000, it is es- floor that they are listening to all our ing: Yes, here you are, here is your timated—significantly more than that phone calls, that they are collecting all warrant. You can go and check this are those from 90 different foreign kinds of data. They know everything out. countries. It has made a direct threat about us. That is the furthest from the Well, this intelligence program is toward the United States and its citi- point of this program and the oper- based on the same principle; that is, zens. It is sponsoring and encouraging ation of this program that we can con- nobody can collect any information on individuals to not only come over and ceive of. Yet, a portion of the public anybody unless that court approves train and join ISIS and then come back has been led to believe that Big Gov- that operation. Then it is turned over here and wreak havoc on the American ernment is in their bedroom, in their to the FBI, and they look to see if it is people; it is also inspiring those, saying house, in their car, in their phone, and the real thing. It is a tool that has been if you don’t want to travel over here, tracks them wherever they go; that of importance and has been a contribu- just go out and kill somebody. Join the they are collecting everything about tion to our ability to address the po- jihad from afar. You can be a part of people, including what they buy at tential of terrorist threats and to what we are trying to accomplish sim- Costco and the movies people rent thwart them before they happen. It has ply by doing your own thing. We saw through Netflix. Private industry does always been used as a way of proving that happen down in Texas. We will see collect that kind of stuff, but it is not the negative; that is, no, this is OK, we that in other places as people are in- the government. It is not done under don’t need to follow up on this. spired through ISIS, for whatever sick this program. The best example is the Boston reason, to take up arms, to cause de- As a member of the Intelligence bombing. When the Tsarnaev brothers’ struction, and to randomly kill and Committee, I can tell my colleagues phone was accessed and it was run wreak havoc on the American public. that we have spent hundreds of hours against the numbers, there was some It has been offered that the House dealing with this program to ensure suspicion that additional terrorist ac- fix—the reform, which did have bipar- that it doesn’t violate anyone’s pri- tivity would take place in New York. It tisan support and did pass the House vacy. It has more oversight through all was proven that was not the case be- without a lot of debate—is the solution three branches of government. The ex- cause there were no connections made. to this problem. Some agree it goes too ecutive branch, the judicial branch, So it became a valuable tool in that re- far; some agree it doesn’t go far and the legislative branch oversee this gard. Instead of shutting down New enough. But there are problems with program. There are six layers within York, putting them on a high terrorist that particular FREEDOM Act, which NSA itself that it has to go through, alert—perhaps the Nation’s largest the Senator from Vermont says is the that attorneys have to look at, that economy in operation there—we were golden grail here and will solve all the legal experts have to look at before able to quickly determine that wasn’t problems. they can even proceed to suspect and the case. It is clear, and it is the testimony we then take that suspicion to a court to In response to those who basically have received from numerous officials have a judge say: Yes, you might have say this has never stopped a terrorist in the counterterrorism business and in something here. attack, two things: No. 1, this is one of the intelligence business, that there It has been said and it is true that the many methods we use to collect are issues with this so-called FREE- unless a person’s phone number is in the threads of intelligence that come DOM Act fix that could render—well, communication with a foreign phone from different sources to try to put to- No. 1, that do render the program less number that is at least strongly sus- gether a mosaic or a puzzle as to effective and could render it totally in- pected of belonging to a terrorist orga- whether this is something we need to operative. nization—and ultimately the court has deal with and take seriously. It is a The fact that the NSA has not yet to make that decision—a member of Al major piece of that puzzle we obtain been able to come up with a program

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.006 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3329 which would ensure that we could have ued or we could have gone forward It is time we told the truth and it is the kind of collection we need in the without getting to this particular time we stood up to this thing and timeframe we need it—some of this is point in time. But now we will have the make sure we are doing everything we urgent, some of this is pending, some of opportunity—and, unfortunately, what can to protect Americans from threats this is imminent, and it already goes it looks like is we will have the oppor- of a lot of people and a lot of organiza- through layers that delay coming to a tunity to debate this while the pro- tions that want to kill us all, that conclusion and this adds more. gram expires. would like to see our heads on the Also, they have indicated the system That is a bet I didn’t want to take— chopping block. This is real in our is untested and exists in name only. We the bet being that nothing will happen country, as people who are trained by don’t know how the new program if we don’t have this tool in the ISIS not only flock back here from would be implemented and we don’t amount of time that is going to be Syria, but they inspire people here to know how it would be operated. That is taken to now address this. That is run- pick up weapons and do harm to the why many of us said: Look, for what- ning a risk I am not sure Members American people. ever reason, yes, we are at this point, want to take. I don’t want to be part of I know the Senator from Arizona has and, yes, it expires at midnight. What somebody who says this isn’t impor- a question. we were trying to do before we left was tant enough; therefore, we will let it Mr. PAUL addressed the Chair. get a short-term extension. We were expire and we will not extend it for a Mr. COATS. I have not yielded the negotiating. We think it should have day or an hour or a month or a suffi- floor. been for a significant amount of time, cient amount of time to come to a rea- Mr. PAUL addressed the Chair. sonable conclusion as to how we retain until NSA could test out its program, Mr. MCCAIN. Mr. President, I ask for but we were willing to go much less this very important intelligence-gath- the regular order, and I want to ask the than that so we could have an oppor- ering tool to keep us safe from terror- Senator from Indiana a question. ists. To go dark on this is a risk of tunity to come back and debate this The PRESIDING OFFICER. The Sen- Americans’ lives. It is a risk that we further and get to the bottom of some ator from Indiana has the floor. are taking, and we are going to be re- of the misrepresented information that Mr. COATS. I would be happy to sponsible for our vote, whatever that has been sent out to the American peo- yield to the Senator from Arizona for a vote is. I, personally, don’t want the ple and have an opportunity to counter question. responsibility of saying: Oh, don’t Mr. MCCAIN. Maybe the Senator that and also work together to find worry. Nothing is going to happen out from Kentucky should know the rules ways, through working with the House there. The hundreds of hours that I of the Senate, that the Senator from of Representatives, to come up with a spend in the Intelligence Committee Indiana has the floor and the gen- more effective bill that wouldn’t put tells me there is a lot that can happen tleman is open to respond to a ques- the country in more jeopardy or, as out there. some experts have said, would under- Members have every right, if they are tion. mine the entire program. not on that committee—every right to My question to the Senator from In- We obviously will be less agile with access what we access. We have invited diana—and I want to say that his words the House bill. It requires an expansive people to come down and see it for are powerful and accurate. regulatory system to amass the level of themselves, so they at least understand Mr. PAUL. Mr. President, how much oversight over the current program. I what it is and what it isn’t. To my time remains on the clock for the Re- think the real problem is it requires no knowledge, only two have taken us up publican side? data retention mandate. The USA on that. There may be more I have Mr. MCCAIN. I would ask the Senator FREEDOM Act does not require com- missed. But some of those who have from Indiana if he has seen— panies to hold the data sought by the stated this program in a totally false Mr. PAUL. Mr. President, how much government. Therefore, the USA way have the siren song to the people time is remaining? FREEDOM Act could be operationally out there who think Big Government is Mr. MCCAIN. I ask for the regular useless as companies update their busi- in their bedroom, Big Government is order. ness model in response to changes in taking every piece of information they The PRESIDING OFFICER. I think technology or market demand. The have about themselves, and Big Gov- the Chair has made very clear that the telephone companies—all 1,400 of ernment is storing this and ‘‘listening Senator from Indiana has the floor. them—many don’t want to go through to all your phone calls.’’ That is a Mr. COATS. Mr. President, I thank the expensive process of the oversight bunch of hokum and it is wrong. you. they need to have in the process. They And for those who refuse to stand up I know the Senator from Kentucky want to sell phones. And they are hear- and acknowledge that—because they understands that when a Senator has ing a lot from customers who basically have had access to the program and re- the floor, they are entitled to speak be- say: I don’t want to buy your phone if fused to take that access—have to bear cause he has used that rule himself. it is going to be subject to them listen- the responsibility of sowing this wild Mr. MCCAIN. Twice the Senator from ing to everything I do and say—being theory and idea about Big Government Kentucky has not observed the rules of collected. in your bedroom and Big Government the Senate. Well, first of all, that is factually in your car and Big Government on I would ask the Senator from Indi- wrong, but it is an error that has been your phone and Big Government col- ana, you have seen the events lately said over and over on this floor by lecting your emails and Big Govern- that are transpiring. ISIS has taken some Members. That is absolutely ment doing everything and storing it Palmyra. They are in the streets burn- wrong. It is false. If we are going to go until the time that Big Government ing bodies, killing people, going to de- forward here, we need intellectual hon- will come and take everything away stroy 2,000-year-old antiquities, and at esty about what the program is and from you. the same time Ramadi has fallen with what it isn’t, and it shouldn’t be la- I didn’t come here to do that and this thousands of innocent men, women, beled as something it isn’t. I will ad- Senate isn’t here to do that and we will and children being massacred. At this dress that at a later point in time. not do that. That is why this program time, isn’t this program as critical as But the USA FREEDOM Act, by not has more oversight than any other pro- it has ever been since its inception, allowing retention for a fixed period of gram in the entire United States Gov- given the fact that the Middle East is time, also lessens our ability to make ernment, and we will put more over- literally on fire and we are losing ev- this program effective. So I have much sight on there if that is necessary. I erywhere? more to say on this, and I know we are will stay up all night and stand over at Mr. COATS. It is more essential than going into caucus as a party to see how NSA and make sure they are not lis- ever, in response to the question from we might go forward, given where we tening to your phone calls. But it is ir- the Senator from Arizona. It is more are. responsible misrepresentation—irre- necessary than ever, as we have seen a It was not necessary that we be here sponsible misrepresentation—to factu- higher threat level since 9/11. Of course, on a Sunday with the clock ticking to- ally state a falsity and not tell the we didn’t know what the threat was in ward midnight. We could have contin- truth. 9/11, so I don’t know how far we have to

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We need to, within could not have been divided equally, formation from people about whom the law—and we are operating within because apparently somebody must there is no suspicion, this is it. the law—use every tool possible to try have given one side more time than the We are not collecting the informa- to stop an attack on the American peo- other. tion of spies. We are not collecting the ple. What happened on 9/11 was a catas- The PRESIDING OFFICER. The 5 information of terrorists. We are col- trophe that none of us could have com- minutes of time that was allotted to lecting all American citizens’ records prehended. A 9/11 with the possession of the Democratic side was unused, and it all of the time. This is what we fought nuclear, radioactive, biological or was equally divided at 23 minutes the Revolution over. Are we going to so chemical weapons would make New apiece. blithely give up our freedom? Are we York look like just a small incident. It Mr. PAUL. Mr. President, I was here going to so blithely go along and just would be 3 million people instead of for 30 minutes of the Republican side say: Take it. Well, I am not going to 3,000 people. I think we have an obliga- speaking. I sat at my seat for 30 min- take it anymore. I do not think the tion to do what we can without invad- utes. It was not 23 minutes of equally American people are going to take it ing anyone’s privacy. divided time. anymore. What we are trying to find is this Mr. MCCAIN. Mr. President, regular Eighty percent of those under 40 say balance between protecting privacy order—obviously people don’t know the we have gone too far—that this whole and protecting ourselves from terrorist rules of the Senate. Maybe they should collection of all of our records all the attacks—protecting Americans from learn them. time is too much. The court has said: terrorist attacks. We have done this Mr. PAUL. Mr. President, I request How can records be relevant to an in- with this program. If what has been the remaining 5 minutes of time on the vestigation that has not started? The said about this program were true, if opposite side. court has said that even under these the falsehoods that have been said were The PRESIDING OFFICER. Is there lower standards, even under these true, I would be the first to line up and objection to the request of the Senator standards of saying that it would be say: No, we can’t breach the privacy of from Kentucky? relevant, all of the stuff they are col- the American people by doing what Mr. MCCAIN. I object. lecting is precisely irrelevant. they are doing. But the fact is none of Mr. PAUL. Mr. President, I challenge Now people say: Well, they are not it is true. There has not been one act of the ruling of the Chair and request the looking at it. They are not listening to abuse of this program over the years it yeas and nays. it. It is the tip of the iceberg, what we has been in place. It has more over- The PRESIDING OFFICER. Is there a are talking about here. Realize that sight and layers of oversight. As sufficient second? they were dishonest about the program former Attorney General Mukasey There is not a sufficient second. until we caught them. They kept say- said: For the government to violate Mr. PAUL. I request a live quorum ing over and over: We are not doing and bypass this, it would make Water- call. this. We are not collecting your gate look like kindergarten activity. It The PRESIDING OFFICER. The records. would be a conspiracy that would in- clerk will call the roll. They were. The head of the intel- clude hundreds of people, and they The senior assistant legislative clerk ligence agency lied to the American would all have to swear that they proceeded to call the roll. people, and he still works there. We would not breach their conspiratorial Mr. PAUL. Mr. President, I ask unan- should be upset. We should be march- process here—a program that is over- imous consent that the order for the ing in the streets and saying: He has to seen by the Judiciary Committee, by quorum call be rescinded. go. We cannot allow this. We cannot the Senate Intelligence Committee, the The PRESIDING OFFICER. Without allow the rule of law to be so trod upon House Intelligence Committee, the objection, it is so ordered. that we live in an arbitrary govern- body of the Senate has access to this Mr. PAUL. Mr. President, I ask unan- mental world where they collect any- and the body of the House—that is 535 imous consent to speak for 5 minutes— thing they want anytime they want. people—by the executive branch, a pro- the 5 minutes that was remaining on This is the tip of the iceberg. They gram that was endorsed by Barack the opposition side. are collecting records through Execu- Obama, until he changed his mind, ap- The PRESIDING OFFICER. Without tive order. They are collecting records parently, because the public was going objection, it is so ordered. through section 702. People say: How the other way based on false informa- Mr. PAUL. Mr. President, let us be will we protect ourselves without these tion. People are out here basically very clear about why we are here this programs? What about using the Con- making the accusations that they are evening. We are here this evening be- stitution? What about using judicial making to try to take this program cause this is an important debate. This warrants? About the Tsarnaev boy, the down and all we are trying to do is is a debate over the Bill of Rights. This Boston Bomber, they say: How will we work with the House to find a reason- is a debate over the Fourth Amend- look at his phone records? Get a war- able way of keeping this tool alive— ment. This is a debate over your right rant. Put his name on it. You can get keeping Americans safe. to be left alone. Justice Brandeis said a warrant. There is no reason in the Mr. MCCAIN. Will the Senator yield that the right to be left alone is the world—the guy had already bombed us. for a further question? most cherished of rights. The right to The PRESIDING OFFICER. Would Do you think anybody was going to be left alone is the most prized to civ- the Senator suspend? turn down a warrant? We should have Under the previous order, all time for ilized men. gotten a warrant before. debate has expired. Let us be clear. We are here tonight Get warrants on people we have sus- Mr. PAUL. Mr. President, my under- because the President continues to picion on. The Simpson guy that was standing is there is still 5 minutes re- conduct an illegal program. The Presi- shot in Garland had already been ar- maining on the opposition side. I re- dent has been rebuked by the court. In rested. We had suspicion. quest that time. explicit terms, the President has been Let’s hire 1,000 more FBI agents. The PRESIDING OFFICER. Is there told that the program he is conducting Let’s hire people to do the investiga- objection? is illegal. Now, the President opines on tion and quit wasting time on innocent Mr. MCCAIN. I object. television. The President wants to American people. Let’s be very clear Mr. PAUL. Mr. President, how can we blame—he says: Anybody but me. why we are here: President Obama set have an objection when we already But you know what. The President up this program, the President Obama have a consent agreement that says we started this program without congres- who once was against the PATRIOT have 30 minutes of equally divided time sional permission. Even the authors of Act. President Obama once said: You and you still have 5 minutes remaining the PATRIOT Act say that the PA- know what; we should have judges on the opposite side? TRIOT Act in no way gives authority write warrants.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.010 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3331 President Obama, who once believed the time, section 213 is used for domes- been put in place, too, in order to pro- in the Fourth Amendment, is the tic crime. I believe that no section of tect the privacy of Americans. President who is now scooping up all of the PATRIOT Act should be passed un- Now, I believe this is a program that your records illegally. Then he feigns less our targets are terrorists—not strikes a critical balance between pri- concern and says: Oh, we need to pass Americans. vacy on the one hand and national se- this new bill. He could stop it now. Mr. CORNYN. Mr. President, regular curity on the other. That doesn’t mean Why won’t someone ask the President: order. the Senate still shouldn’t have the op- Why do you continue? Why won’t you The PRESIDING OFFICER. The Sen- portunity to make some changes to it. stop this program now? The President ator from Kentucky—— That is precisely the outcome I had has every ability to do it. We have Mr. COTTON. Regular order. been hoping to facilitate by seeking every ability to keep our Nation safe. I Mr. PAUL. I object. several short-term extensions. And intend to protect the Constitution. The PRESIDING OFFICER. Objec- considering all that has come to light The PRESIDING OFFICER. The Sen- tion is heard. about the House-passed bill in recent ator’s time has expired. Mr. MCCONNELL. Mr. President, last weeks, I believe this was more than week, I proposed giving the Intel- f reasonable. ligence Committee the time it would The administration’s inability to an- RECESS need to work toward the kind of bipar- swer even the most basic questions The PRESIDING OFFICER. Under tisan legislative compromise Ameri- about the alternate bulk data system the previous order, the Senate stands cans deserve—a compromise that would it would have to build under that legis- in recess subject to the call of the preserve important counterterrorism lation is, to say the least, pretty trou- Chair. tools necessary to protect American bling—pretty troubling. And that is Thereupon, the Senate, at 5:11 p.m., lives. That effort was blocked. not just my view. That is the view of Just now, I proposed an even nar- recessed subject to the call of the Chair many in this body, including col- rower extension that would have only and reassembled at 6:14 p.m. when leagues who have been favorably pre- extended some of the least controver- called to order by the Presiding Officer disposed to the House bill. sial—least controversial—but still crit- In particular, I know Senators from (Mr. WICKER). ical tools to ensure they do not lapse both parties have been disturbed by the f as Senators work toward a more com- administration’s continuing inability USA FREEDOM ACT OF 2015— prehensive legislative outcome. But to guarantee whether the new system MOTION TO PROCEED—Continued even that very narrow offer was would work as well as the current one blocked. I think it should be worrying or whether there would even be any The PRESIDING OFFICER. The ma- for our country because the nature of data available to analyze. While the jority leader. the threat we face is very serious. It is administration has let it be known Mr. MCCONNELL. Mr. President, be- aggressive, it is sophisticated, it is geo- that this nonexistent system could fore the recess, I tried to get a short- graphically dispersed, and it is not— only be built in time if telephone pro- term extension of three provisions that not—going away. viders cooperated in building it, pro- will expire at midnight tonight: section As the LA Times reported, ‘‘the viders have made it abundantly clear 215, business records; section 206, rov- Obama administration has dramati- that they are not going to commit to ing wiretap authority; and the ‘‘lone cally stepped up warnings of potential retaining the data. They are not going wolf’’ provision. Unfortunately, those terrorist attacks on American soil to commit to retaining the data for efforts were unsuccessful. after several years of relative calm.’’ any period of time unless legally re- ‘‘Lone wolf’’ and roving wiretap are The paper reported that this is occur- quired to do so, and there is no such re- not—I repeat, not—the subject of con- ring in the wake of ‘‘FBI arrests of at quirement in the House-passed bill— troversy with the House bill. So I least 30 Americans on terrorism-re- none at all. would propose that we extend at least lated charges this year in an array of Here is how one provider put it: ‘‘[We the ‘‘lone wolf’’ and the roving wiretap ‘lone wolf’ plots.’’ are] not prepared to commit to volun- authorities while we continue to liti- So these aren’t theoretical threats. tarily retain documents for any par- gate the differing views on section 215. They are not theoretical threats. They ticular period of time pursuant to the More specifically, I would propose that are with us every day. We have to face proposed USA Freedom Act if not re- we extend those two provisions—‘‘lone up to them. We shouldn’t be disarming quired by law’’—if not required by law. wolf’’ and roving wiretaps—for up to 2 unilaterally as our enemies grow more Now, these are just a few of the rea- weeks. sophisticated and aggressive, and we sons I thought it prudent to try to give UNANIMOUS CONSENT REQUEST certainly should not be doing so based the Senate more space to advance bet- Mr. President, having said that, I ask on a campaign of demagoguery and ter legislation through committee con- unanimous consent that the Senate disinformation launched in the wake of sideration and regular order, with proceed to the immediate consider- the unlawful actions of Edward input from both sides. But, my col- ation of a bill, which is at the desk, to Snowden, who was last seen in Russia. leagues, it is now clear that will not be extend the expiring provisions relating The opponents of this program have possible in the face of a determined op- to ‘‘lone wolf’’ and roving wiretaps for not been able to provide any—any—ex- position from those who simply wish to 2 weeks, and that the bill be read a amples of the NSA abusing the authori- end the counterterrorism program al- third time and passed, and the motion ties provided under section 215. And the together. No time to try to improve to reconsider be considered made and record will show that, in fact, there has the House-passed bill will be allowed laid upon the table with no intervening not been one documented instance of because some would like to end the action or debate. abuse of it. program altogether. The PRESIDING OFFICER. Is there I think it is also important to re- So this is where we find ourselves. objection? member that the contents of calls are This is the reality. So it essentially The Senator from Kentucky. not captured. That is the general view, leaves us with two options. Option one Mr. PAUL. Mr. President, reserving but it is an incorrect one. I will say it is to allow the program to expire alto- the right to object, one of the promises again: The contents of calls are not gether without attempting to replace that was given when the PATRIOT Act captured. I say this to the American it. That would mean disarming com- was originally passed was that, in ex- people: If you have been told that, that pletely and arbitrarily, based on a cam- change for allowing a less than con- is not correct. That is what I mean paign of disinformation, in the face of stitutional standard, we would only use about a campaign of disinformation. growing, aggressive, and sophisticated the actions against—— The only things in question are the threats—growing, aggressive, and so- The PRESIDING OFFICER. Is there number dialed, the number from which phisticated threats. That is a totally objection? the call was made, the length of the unacceptable outcome—a completely Mr. PAUL. Terrorists and against call, and the date. That is it. That is it. and totally unacceptable outcome. So foreigners. We found that 99 percent of Detailed oversight procedures have we won’t be doing that.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3332 CONGRESSIONAL RECORD — SENATE May 31, 2015 So we are left with option two, the Mr. CORNYN. The following Senators records and sending them to Utah. My House-passed bill. It is certainly not are necessarily absent: the Senator concern is—— ideal. But along with votes on some from Wyoming (Mr. ENZI), the Senator The PRESIDING OFFICER. Order in modest amendments that attempt to from South Carolina (Mr. GRAHAM), the Senate, please. The Senator de- ensure the program can actually work and the Senator from Nebraska (Mr. serves to be heard. as promised, it is now the only realistic SASSE). Mr. PAUL. My concern is that under way forward. So I remain determined Mr. DURBIN. I announce that the the new program, the records will still to continue working toward the best Senator from New Jersey (Mr. MENEN- be sucked up into NSA computers, but outcome for the American people pos- DEZ), the Senator from Washington the computers will be at the phone sible under the circumstances. (Mrs. MURRAY), and the Senator from company, not in Utah. So the question This is where we are, colleagues. We Hawaii (Mr. SCHATZ) are necessarily is, Will it be a distinction without a have the House-passed bill with some absent. difference? The question also will be, serious flaws and an inability to get a The PRESIDING OFFICER (Mr. BAR- Will this be individualized? short-term extension to try to improve RASSO). Are there any Senators in the One of the issues about the Fourth the House-passed bill in the way we Chamber wishing to vote or to change Amendment that was the biggest part normally do this—through some kind their vote? of the Fourth Amendment for our of consultative process. The yeas and nays resulted—yeas 77, Founding Fathers was that a warrant So bearing that in mind, I move to nays 17, as follows: should be individualized. General war- rants were what we fought the Revolu- proceed to the motion to reconsider [Rollcall Vote No. 196 Leg.] tion over. James Otis fought a famous vote No. 194, the vote by which cloture YEAS—77 was not invoked on the motion to pro- case in the 1760s, and he fought against Alexander Franken Murkowski ceed to H.R. 2048. the British soldiers writing their own Ayotte Gardner Murphy warrants. The PRESIDING OFFICER. The Baldwin Gillibrand Nelson question is on agreeing to the motion. Bennet Hatch Perdue What is interesting is that part of The motion was agreed to. Blumenthal Heinrich Peters the PATRIOT Act allows our police to Booker Heitkamp Mr. MCCONNELL. Mr. President, I Portman write their own warrants. We have Boozman Heller Reed move to reconsider the motion to in- Boxer Hirono something called national security let- Reid ters. These have been done by the hun- voke cloture on the motion to proceed Brown Hoeven Rounds to H.R. 2048. Burr Inhofe Sanders dreds of thousands. Interestingly, when Cantwell Isakson Schumer the President was in the Senate, he The PRESIDING OFFICER. The Capito Johnson Scott question is on agreeing to the motion. Cardin Kaine was opposed to national security let- Shaheen Carper King ters and said that they should have ju- The motion was agreed to. Stabenow Casey Kirk CLOTURE MOTION Sullivan dicial warrants. Now, it is interesting Cassidy Klobuchar that in this bill that will pass, it is The PRESIDING OFFICER. Pursuant Cochran Lankford Tester to rule XXII, the Chair lays before the Coons Leahy Tillis supported by the President, supported Toomey Senate the pending cloture motion, Corker Lee by the Director of National Intel- Cornyn Manchin Udall ligence, and now supported in a wide which the clerk will state. Cruz Markey Vitter The senior assistant legislative clerk Daines McCain Warner bipartisan fashion. read as follows: Donnelly McCaskill Warren It concerns me whether or not—— Durbin McConnell Whitehouse The PRESIDING OFFICER. The Sen- CLOTURE MOTION Feinstein Merkley Wicker ate will be in order. We, the undersigned Senators, in accord- Flake Mikulski Wyden Will the Senator please suspend. ance with the provisions of rule XXII of the The Senate will be in order. Please Standing Rules of the Senate, do hereby NAYS—17 move to bring to a close debate on the mo- Barrasso Ernst Roberts take your conversations out of the tion to proceed to H.R. 2048, an act to reform Blunt Fischer Rubio well, out of the Chamber. The Senator the authorities of the Federal Government Coats Grassley Sessions deserves to be heard. Collins Moran to require the production of certain business Shelby Mr. PAUL. It concerns me that the Cotton Paul Thune records, conduct electronic surveillance, use Crapo Risch President, who supports the bulk data pen registers and trap and trace devices, and collection and has been performing it use other forms of information gathering for NOT VOTING—6 illegally for 6 years, now supports this foreign intelligence, counterterrorism, and Enzi Menendez Sasse bill. The devil is in the details. criminal purposes, and for other purposes. Graham Murray Schatz The question is, Will the new bill Mitch McConnell, Lamar Alexander, Mi- The PRESIDING OFFICER. On this still allow bulk collection by the phone chael B. Enzi, David Vitter, John Cor- vote, the yeas are 77, the nays are 17. companies? Will they be able to put nyn, Johnny Isakson, Lisa Murkowski, Three-fifths of the Senators duly cho- John Barrasso, Richard Burr, Pat Rob- into the search engine not an indi- erts, Roy Blunt, Bob Corker, Orrin G. sen and sworn having voted in the af- vidual about whom we have suspicion Hatch, Jerry Moran, Patrick J. firmative, upon reconsideration, the but an entire corporation? This is what Toomey, Mike Lee, Ted Cruz. motion is agreed to. was revealed when we saw the warrant The PRESIDING OFFICER. By unan- The Senator from Kentucky. that had Tsarnaev’s name on it. imous consent, the mandatory quorum Mr. PAUL. Mr. President, could we The Director of National Intelligence call has been waived. have order? came before the American people, came The question is, Is it the sense of the The PRESIDING OFFICER. The Sen- before Congress and swore under oath Senate that debate on the motion to ate will be in order. that they weren’t doing this. Part of proceed to H.R. 2048, an act to reform Mr. PAUL. Will the Chair inform me my problem with the intelligence-gath- the authorities of the Federal Govern- when I have 5 minutes remaining? ering in our country is it is hard for me ment to require the production of cer- The PRESIDING OFFICER. The Sen- to have trust. It is hard for me to have tain business records, conduct elec- ator will be so notified. trust in the people to whom we are giv- tronic surveillance, use pen registers Mr. PAUL. Mr. President, tonight be- ing great power. and trap and trace devices, and use gins the process of ending bulk collec- They also insist we won’t be able to other forms of information gathering tion. The bill will ultimately pass. We catch terrorists. They insist the bulk for foreign intelligence, counterterror- always look for silver linings. I think collection allowed them to catch ter- ism, and criminal purposes, and for the bill may be replacing one form of rorists. But then it turned out, when it other purposes, shall be brought to a bulk collection with another, but the was investigated, when we looked at close, upon reconsideration? government, after this bill passes, will the classified documents, when the The yeas and nays are mandatory no longer collect our phone records. My President’s bipartisan privacy and civil under the rule. concern is that the phone companies liberties commission looked at this, The clerk will call the roll. still may do the same thing. Currently, when his review board looked at this, The senior assistant legislative clerk my understanding is the NSA is at the and then when the Department of Jus- called the roll. phone company sucking up the phone tice inspector general looked at this,

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.014 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3333 they all found that there was no unique house, and then leave and monitor My other concern about this new bill data, there was no great discovery, your behavior and never let you know that is going to pass is that the same there was no great breaking up of a they were there, is being used 99.5 per- people will judge it who judged the pre- terrorist ring. cent of the time for domestic crime. vious system. These people are called People have brought up the Boston So, little by little, we have allowed the rubberstamp courtroom, also Bomber, the Tsarnaev boy. They say: our freedom to slip away. We allowed known as FISA. Realize that the FISA Well, we need this. We need the PA- the Fourth Amendment to be dimin- Court is the court that said the collec- TRIOT Act after the bombing to get ished. We allowed the narrowing loss of tion of all Americans’ records is rel- his phone records. something called probable cause. evant. The appellate court basically That is the most absurd thing I have People say: Well, how would we get laughed at this notion and said that it ever heard. He has already committed terrorists with that? sort of destroys any meaning to the a bombing. In fact, I think he was dead The vast majority of warrants are ap- word ‘‘relevant’’ if you collect at that point, and they are saying we proved in our country—the vast major- everybody’s records. It is not even a couldn’t get a warrant to look at his ity of warrants that are Fourth modifier. Instead of saying ‘‘relevant,’’ phone records? It is absolutely absurd. Amendment warrants where we indi- they should have said ‘‘You can have I had a meeting with somebody from vidualized and put a name on it and everyone’s records all the time.’’ the intelligence community about 6 asked probable cause. If tonight the po- One of my other concerns about the months ago, and I asked them this lice are looking for a rapist or a mur- in-between solution we are going to question: How do we get more informa- derer, they will go to the house, and if choose is that some are conjecturing— tion about terrorists—with a warrant they suspect the person is inside but and you have to be suspicious of a gov- with their name on it, where we can go nothing is imminently happening, they ernment that often lies about their as deep into the details as we want, or will stand on the curb and they almost purpose—some are conjecturing that this metadata collection that uses a always get a warrant. they are going to collect more phone Do you think there is a judge in this less-than-constitutional standard? And data under the new system. One of the land who would not grant a warrant— he said: Without question, we get more complaints last week, as there was dis- particularly after the Boston bomb- information with a warrant than we do cussion about this—in the newspaper, ing—to look at the Tsarnaev brothers’ through the metadata. it was reported that really they were records? There is not a judge in the When someone commits an act of only collecting about 20 to 30 percent land who would say no. I would venture atrocity, there is no question we would of your cell phone data. They were try- to say that in advance there is not get a warrant, but I would go even fur- much chance that a judge would say no ing to collect all of your land line data, ther. I would say that I want to get if you went to them and said: The Rus- but they weren’t for some reason col- more warrants on people before they sians have given us indication and evi- lecting all of your cell phone data. One blow up things. I would say that we dence that he has been radicalized and of my concerns is that as we go to this need more money spent on FBI agents has associated overseas with people new system, they may actually be bet- analyzing data and trying to find out who are training to attack us. ter at collecting our phone records and whom we have suspicion about so we There is no reason why the Constitu- they may well be able to collect all of can investigate their records. I think tion can’t be used. But we just have to our cell phone data. we spend so much money on people not let those who are in power make us Unless we go to a system where we about whom there is no suspicion that cower in fear. They use fear to take individualize the warrants, unless we we don’t have enough time and money your freedom, and we have to be very, go to a system where a person’s name left to go after the people who would very careful of this. is on the warrant, I am going to be actually harm us. Now, some are saying I am misrepre- very, very concerned. The people who argue that the world senting this, that I am saying the gov- Now, we will present amendments on will end at midnight tonight—— ernment is listening to your phone this bill. We tried to negotiate to be al- The PRESIDING OFFICER. The Sen- calls. I am saying they are collecting lowed to present amendments, but ator will please suspend. your phone records. There are pro- there wasn’t a lot of negotiating that Order in the Chamber. Please take grams, though, in which there may be went on in the last week—in fact, there your conversations off the floor. looking at content—emails, for exam- was none. We will still try. We will put Mr. PAUL. The people who argue ple. The current law says that after 6 amendments forward, and we will try that the world will end and that we months even the content of your email to get amendments to make the bulk will be overrun by jihadists tonight are has no protection. We have a very good collection less bad when it does occur. trying to use fear. They want to take piece of legislation to try to fix that. One of the things we would like to do just a little bit of our liberty, but they But realize that those who are loud, is to say that when they search the get it by making us afraid. They want those who are really wanting you to phone records, they can’t put the name us to fear and give up our liberty. They give up your freedom, don’t believe the of a corporation in there; they would tell us that if we have nothing to hide, Fourth Amendment protects your have to put in an individual’s name. we have nothing to fear. That is a far records at all. It is kind of tricky, the way these cry from the standard we were founded And this is a big debate. We went to things are worded. The wording of this upon—innocent until proven guilty. the court. The Second Circuit Court of bill will say they can only put a U.S. One of the objections I tried to bring Appeals—the highest court in the land person into the selector term to search forward earlier but was interrupted re- just below the Supreme Court—said all phone records. The problem is that peatedly was that the PATRIOT Act that what they are doing is illegal, but they define ‘‘U.S. person’’ as also was originally intended to go after for- we don’t yet have a ruling on whether meaning corporation or association or eigners and terrorists. We allowed a it is constitutional. grouping. So there is a little bit of less-than-constitutional standard. We One of my fears about the bill we are looseness to the language. So if we are didn’t ask for probable cause; we just going to pass—the sort of in-between still going to allow corporations, what said it had to be relevant, the informa- step some think may be better—is that is to stop them from going back and tion had to be relevant to an investiga- it could moot the case. This means the putting AT&T or Verizon in the selec- tion about terrorists. But here is the court case will never get heard by the tion? Once again they will be looking problem, and this is one of the big Supreme Court. I have a court case at all the phone records, and all we will problems I have with the PATRIOT against the NSA. There is another dis- have done is transferred the phone Act. trict court that has ruled against the records from government control in We now use parts of the PATRIOT NSA. We now have an appellate ruling Utah to phone company control in an- Act to arrest people for domestic against the NSA. The court may well other location. Will we be trading bulk crime. Section 213, sneak-and-peek, look at the activity of the Senate and collection in Utah for bulk collection where the government can come into say: Well, you guys have fixed the under the phone companies? your house, place listening devices, problem. We don’t need to look at it There are good people who believe never announce they were ever in your anymore. It is no longer relevant. this bill will reform, and I think they

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.019 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3334 CONGRESSIONAL RECORD — SENATE May 31, 2015 are well-intended. I think they are So when the President says ‘‘Well, the color of your skin, whether you good people who really think that we Congress should just do this,’’ the ques- were Asian American or African Amer- will end bulk collection and that it tion that has never been asked by any- ican, and also about the shade of your won’t happen. My fear, though, is of one in the media is ‘‘Why doesn’t he ideology. There is a danger in allowing the people who interpret this work at a stop it?’’ Everybody who has given ad- the government to generalize without place known as the rubberstamp fac- vice has said he would, and he will suspicion and to disobey the Fourth tory over at FISA. It is a secret court, come out and say he believes in a bal- Amendment, and the danger comes and it is a court in which 99.5 percent anced solution, but he really is just ab- that the government could one day of the time they approve warrants. dicating the solution and has never dis- generalize and bias could enter into Warrants are simply rubberstamped continued the program, even when he things. over there. In fact, they approved that has been told explicitly by the court We have on our records right now ‘‘relevant’’ meant all of your records. that the program is an illegal program. laws that allow an American citizen to So my question is, If they put AT&T as This is what the U.S. court of appeals be detained. It is not specifically a part a selector item, will we have the same said in the case ACLU v. Clapper: of the PATRIOT Act, but it is along thing, just in a different location? We agree with the appellants that such an the same lines as this, that you are I have several amendments I am in- expansive concept of ‘‘relevance’’ is unprece- getting rid of the due process amend- terested in if we are able to amend the dented and unwarranted. . . . The records de- ments and the ability of the Bill of bill. manded are not those of suspects under in- Rights to protect an individual. When One is that the search would have to vestigation, or of people or businesses that we allow an individual to be detained be an individual. That is more con- have contact with such subjects, or of people without a trial, what happens is that sistent with the Fourth Amendment. or businesses that have contact with others there is the possibility that someone who are in contact with the subjects. Another one would change the stand- could decide we don’t like ‘‘those’’ peo- ard to the constitutional standard, So even two steps removed, we are ple. And when you say that could never which would be that there would have gathering records that are completely happen, think about the times in our to be probable cause, which is a higher irrelevant to the investigation. We are history when it has. standard than simply saying it is rel- gathering up the phone records of inno- Richard Jewell, everybody said he evant. Then we would actually be send- cent Americans. was the Olympic Bomber. He was con- ing a new signal to the FISA Court. The other side will say: Well, we are victed on TV. Within hours, people Another amendment I have, which I not looking at them. said: Richard Jewell is guilty. Think think would go a long way toward So I have been thinking about this. about if he had been a Black man in making the PATRIOT Act less bad—I Our Founders objected to the British 1920 in the South what may have hap- think is the best way to put it—would soldiers writing warrants. They ob- pened to him. Think about the possi- be to say that any information gath- jected to them coming into their house bility for bias entering into our govern- ered under a less-than-constitutional and grabbing their papers. Do you ment. Think about what Madison said standard could only be used for for- think our Framers would have been about government is—Madison said eigners and terrorists. See, that was happy if the British Government said: that we restrain government because the promise. At the time, there were OK, we are just breaking your door people who opposed the PATRIOT we are worried that government may down, we are just getting your papers, not be comprised of angels. If govern- Act—not enough, but there were a but we are not going to look at them. few—and when they opposed the PA- ment were comprised of angels, we Do you think that would have changed would not have to worry about re- TRIOT Act, they said their fear was the mindset of the Framers? So the that it would be used against American straining government. fact that they say they are not looking Patrick Henry said that the Con- citizens. at our records—is that any comfort or They said: No, no, we are only going stitution was about restraining govern- should it be any comfort? The act of after terrorists. But the law allows ment, not the people. It is not enough violation is in taking your records. The them to do it, and we now have sec- for people to say: Oh, I am a good man act of violation is in allowing the po- tions of the PATRIOT Act which 99.5 or I am a good person or the NSA lice or a form of the police—the FBI— percent of the time are being used for would never do this. The other problem to write warrants that are not signed domestic crime. We have also seen that that makes us doubtful is that the NSA by a judge. the Drug Enforcement Agency—it is al- has not been honest with us. If they The court goes on to say: ‘‘The inter- leged—is using information gathered want to develop trust again, the Presi- pretation that the government asks us under the PATRIOT Act to then go dent should have immediately let the to adopt defies any limiting principle.’’ back and recreate cases against people person who lied to us go, the Director for domestic crime. The idea of a limiting principle when of National Intelligence. The question we have to ask our- the court looks at things is that, the The appeals court concluded by say- selves is, Are we so frightened that we way I see it, is the difference between ing that the government’s bulk collec- are willing to give up our freedom? Are something being arbitrary, where there tion of telephone metadata exceeds the we really willing to trade liberty for is no sort of principle that confines scope of what Congress has authorized security? what would happen—if you have a law and therefore violates section 215 of the I think the U.S. Court of Appeals had that has no limiting principle, it is es- PATRIOT Act. Some will try to argue some great points that they made when sentially arbitrary. that this debate was not worth the they ruled against the government, and This is what Hayek wrote about in time we took on it. I could not disagree I think what is important to know is ‘‘The Road to Serfdom.’’ Hayek talked more. I am like everybody else. You that the President has continued to do about the difference between the rule know, I prize my time with my family this illegally. You have seen him on of law and having an arbitrary inter- and being at home on the weekends. I television. The President has been say- pretation of the law. wish we would have done this in a more ing: Well, Congress is just getting in The danger of having an arbitrary in- sensitive way, where we would have the way. If Congress would just do terpretation of the law and the danger had more time and had an open amend- their job and get rid of this, everything of having general warrants is that they ment process. would be OK. But the truth is that Con- have been used in the past with bias. But we waited until the end. We gress never authorized this. Even the People have brought their own bias waited until the final deadline. This is authors of the PATRIOT Act said this into this. In the sixties, the bias was a characteristic of government. It is a was not something Congress ever even against civil rights activists and flaw in government, frankly. We lurch contemplated. The court is now saying against Vietnam war activists. In the from deadline to deadline. People won- that as well. This was done by the ex- forties, the bias was in incarcerating der why Congress is so unpopular. It is ecutive branch—admittedly, both a Re- and interring Japanese Americans. But because we go from deadline to dead- publican executive branch and a Demo- what was consistent in all of these cir- line and then it is: Hurry up. We have cratic executive branch—but this cumstances was that there was a gen- no time to debate. We just must pass it wasn’t created by Congress. eralization—a generalization based on as is.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.020 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3335 The biggest debate against amend- Mark my words, the battle is not about the program, now supports it, ments is—and it finally convinced peo- over. There are some—and I talked which gives me some misgivings. ple who did not like this. They so much with one of the, I would say, smarter But the records that will be col- dislike amendments and slowing down people in Silicon Valley, somebody who lected—the question is, How will we the process, they are just going to take knows this from an intimate level, how have an interpretation by the FISA it. Even though they don’t like it, they things work, and how the codes and Court? The original bill had an advo- are going to pass what the House programs work. cate. I thought this was a good part of passed. It is unlikely any amendments He maintains that the bulk collec- the original bill. There would be a judi- will pass. tion of phone data is the tip of the ice- cial advocate who would argue on the But the thing is, we need to get away berg, that there is more information in side of those who were having their from lurching from deadline to dead- other data pools that are classified. records taken. So there would be an ad- line. What happens, with budget or Some of this is done through an Execu- versarial court, lawyers on both sides. spending or any of these bills, is we are tive order called 12333. I am not sure I Many people who write about juris- presented with thousand-page bills know everything in it. I have had no prudence and trying to find justice say with only hours to go. About a year briefings on it. So anything I will tell that one of the essential functions of a ago this came up. At that time, we you is from the newspaper alone. But court system, in order to find justice, were presented with a 1,000-page bill the thing is, is that I would like to is that there has to be a lawyer on both with 2 hours to go. I read the Senate know: Are we also collecting your cred- sides. There has to be an advocate on rules. It said: We are supposed to be it card information? Are we collecting both sides. The truth is not always presented with the bill for 48 hours in your texts? Are we collecting your easy to find. The truth is presentation advance. emails? of facts by one side, presentation of So I raised my hand and made a mo- They have already told us the Fourth contrary facts by the other side, and tion. The motion I made was: Guys, we Amendment does not protect your someone has to figure out which facts are breaking the rules here. Men and emails, even the content, after 6 are more believable or which facts women, we are breaking the rules here. months. In fact, really they have told trump other facts. So they just voted to amend the rules you, the Fourth Amendment does not So I think a judicial advocate would for that bill and ignore the rules. This apply to your records at all. So be very have been good. They are still going to is why the American people are so frus- careful about the people who say: Trust have it. They call it by a different trated. People here in town think I am us. We will never violate your freedom. name now, but it will be optional at making a huge mistake. Some of them, We will never take advantage of things. the discretion of the FISA Court. So I think, secretly want there to be an The President’s Privacy and Civil Lib- the court that ruled that all of your attack on the United States so they erties Oversight Board’s conclusion records are relevant now will have a can blame it on me. One of the people was that: choice as to whether to give you an ad- in the media the other day came up to vocate. That does not give me a great me and said: Oh, when there is a great Section 215 of the PATRIOT Act has shown minimal value in safeguarding the Nation deal of comfort. attack, are you going to feel guilty from terrorism. We have not identified any There are other ways we could do that you caused this great attack? single instance involving a threat to the this. We occasionally do look at ter- The people who attack us are respon- United States in which the program made a sible for attacks on us. Do we blame rorism cases in regular Federal court. concrete difference in the outcome. When names come up that could jeop- the police chief for the attack by the The President’s privacy board went Boston Bombers? The thing is, is that ardize someone’s safety at our intel- on to say: ligence agency or a secret, Federal there can be attacks even if we use the The government’s collection of a person’s Constitution. But there have been at- courts can go into secret session. I entire telephone calling history has a signifi- have heard the Senator from Oregon tacks while collecting your bulk data. cant and detrimental effect on individual So the ones who say: Well, when an at- privacy. often mention this. I think it is a great point that no one wants to reveal the tack occurs, it is going to be all your When they talked about whether the names of anyone or the code or the se- fault, are any of them willing to accept phone records were relevant to an in- crets of how we do this. But if we are the blame? We have bulk collection vestigation, the President’s Commis- talking about constitutional prin- now. Are any of them willing to accept sion said this: the blame for the Boston bombing, for ciples, we want to do it in the open. First, the telephone records acquired under Laws should not be discussed in secret. the recent shooting in Garland? the program have no connection to any spe- No, but they will be the first to point cific FBI investigation at the time of their As we move forward, the PATRIOT fingers and say: Oh, yes, it is all your collection. Second, because the records are Act will expire tonight. It will only be fault. We never should have given up collected in bulk, potentially encompassing temporary. They will ultimately get on this great program. I am completely all telephone calling records across the Na- their way. But I think the majority of convinced that we can obey the Con- tion, they cannot be regarded as relevant to the American people actually do be- stitution, use the Fourth Amendment any FBI investigation. lieve the government has gone too far. as intended, spirited letter of the law, Here is the continuing danger to us, In Washington, it is the opposite, but I and catch terrorists. When we look ob- though: It is, I think, maybe a minor think Washington is out of touch. jectively at this program, when they success that we are going to prevent There will be 80 votes, you know, to analyzed the classified information, the government from collecting these say: Continue the PATRIOT Act— they found that there was no unique records. But realize that the interpre- maybe more. data. We had to fight them tooth and tation of this will still occur in secret But if you go into the general public, nail because they started out saying in the FISA Court. This is the FISA if you get outside the beltway and visit that 52 cases were cracked by the bulk Court that said that collecting every- America, you find it is completely the data program. one’s records was relevant. opposite. There was a poll a couple of But then when the President’s own It completely destroys the notion weeks ago that said: Over 80 percent of bipartisan commission looked at it, it that the word ‘‘relevant’’ has any people under age 40—over 80 percent of turned out that none of that was true. meaning at all. This will be the ques- them—think that the government col- This gets back to the trust issue. If we tion: Whether we can trust the FISA lecting your phone records is wrong are going to be lied to by the Director Court to make an interpretation that and should not occur. So I think really of National Intelligence, it is hard for is at a higher degree of discernment this will be useful. People say: You are us to believe them when they come for- than the one in which they said ‘‘rel- destroying yourself. You should have ward and they say: Oh, this is pro- evant’’ can mean anything. The origi- never done this. The American people tecting us. We have to have it. But nal USA FREEDOM Act, as passed will not side with you. what we are hearing is information originally by the House committee, People wished me harm and wished from someone who really did not think was a better bill. It was gradually wa- that this would be unsuccessful. But it was a big deal to lie to us about tered down until even the Director of you know what, I came here to defend whether the program even existed. National Intelligence, the one who lied the Bill of Rights and to defend the

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Certainly, if you are talking I yield back the remainder of my who signed this report are individuals about a land line, then the government time. with some of the most pristine knows where you are calling from if The PRESIDING OFFICER. The Sen- antiterror credentials in this country— they have a phone book. ator from Oregon. Mike Morell, for example, the former So with respect to this question of Mr. WYDEN. Mr. President, before he Acting Director of the CIA; Richard the government listening, I want it leaves the floor, I just want to make Clarke, who held an extremely impor- particularly understood that a program sure, having worked with Senator PAUL tant position in two administrations such as this, when the government has for many, many months now, that I es- and served with both Republicans and this kind of information, I believe, rep- pecially appreciate his efforts in the Democrats. Both of them are signato- resents a threat to our liberty. The last few days in this week to try to ac- ries to this important report. reason why I think so is that hardly a commodate this body with respect to Beyond that—and it has not received week goes by when databases aren’t amendments. My colleague has said re- much attention—the reality is that our violated. No. 1, we see that reported peatedly that he was very interested in government, on top of everything else, regularly in the press. No. 2, we have a short list of amendments, that he has emergency authorities so that known about unfortunate times in our hoped to have some modest time that when those who are charged with pro- history—J. Edgar Hoover comes to would be available for these amend- tecting our country believe there is a mind—when this kind of information ments. threat to the Nation, they are allowed could be used. And, No. 3, I have been He and I have worked together on a to issue an emergency authorization to very concerned, given what our former number of them. I think it is a reflec- get the information they need right colleague, Senator UDALL, and I had to tion, as people think about this debate away, and then they can go back and do with respect to bulk phone record and on a topic that is of such enormous get the warrant approved after the collection of email. We battled to end importance, that my colleague from fact. this. Of course, this was email that Kentucky, especially with respect to Nobody is talking about eliminating could be read by government agencies. this amendment issue, has tried con- that emergency authority. So what we We battled with various intelligence tinually to be reasonable and to be ac- have is a program that the most au- leaders saying that we felt this was a commodating to this body. thoritative antiterror experts in the violation of people’s rights and it Until just a few hours ago, I was at country believe does not make our Na- wasn’t effective. They asserted for home in Oregon having townhall meet- tion any safer. I read the most signifi- months and months that it was. Fi- ings, flew all night to be here for this cant finding in their report. nally, one day they woke up and said extremely important session. Of On top of that, as I just indicated, the program wasn’t needed any more. course, the topic we discussed this emergency authorities are still pre- None of this would have even hap- evening was front and center in terms served. In fact, I have indicated to our pened had not Senator Udall and I of my constituents. President and to those who work in the made that case repeatedly. The intel- The message from Oregonians at intelligence agencies that if at any ligence leadership knew that we were these townhall meetings was very point the executive branch and, par- not going to give it up, but that is clear. The people whom I have the ticularly, the intelligence agencies feel what goes on if there isn’t a check on honor to represent in the Senate want that their emergency authorities are some of these kinds of procedures. policies that advance their security inadequate to protect the country, I Senator PAUL made mention of the and protect their liberties. The pro- personally would be willing to support fact that the intelligence leadership gram we have been talking about to- efforts to ensure that those emergency has not exactly been straight with the night in the Senate really does not de- capabilities are reformed and our coun- American people on these issues. I em- liver either. It does not make us safer. try can take the steps it needs when it phasize that we are not talking about It chips away at our liberties. is necessary. the thousands and thousands of law- I am going to spend a little bit of On top of this question, with respect abiding patriotic, dedicated, wonderful time this evening making the case for to the issue of our safety, I want to people who work in the intelligence those kinds of arguments and laying talk about what I heard at some length field. Day in and day out they do so out the challenge for the days ahead. earlier today with respect to how the much for our country. We are so appre- Now, with respect to this safety program worked. I heard a number of ciative of all they do. They are the issue, all of us understand—particu- Senators say that nobody in govern- ones who do the hard work, for exam- larly the Presiding Officer, who has ment is listening to these calls. That ple, to capture Bin Laden and day in been on the Intelligence Committee, as was repeated a number of times on the and day out to make us safer. But the I have, for over 14 years—that it is a floor of this body. intelligence leadership, on the other dangerous world. Anyone who serves on When the government, under this hand, as noted by our colleague from the Intelligence Committee knows that program, knows whom you called, Kentucky, has not always been beyond any kind of debate. when you called, and where you called straight with the American people. I So we want policies that really de- from, in many instances the govern- spent many months trying to decipher liver both security and liberty. This is ment doesn’t need to be listening. If what the former NSA Director meant what the President’s own experts had the government knows, under this pro- when he said the government doesn’t to say with respect to this program gram, that a person called a psychia- collect any dossiers on millions of that involves collecting millions and trist 3 times in 36 hours—twice after Americans. millions of phone records on law-abid- midnight—that is a lot of private and I pointed out I had been on the Intel- ing Americans. This was a group that personal information. The government ligence Committee for a long time and was appointed and spent a considerable doesn’t need to be listening to that I had never heard the term ‘‘dossier’’ amount of time looking at the bulk call. used. So I tried to learn more about it, phone records collection program. So as to this notion that some who used private opportunities and public They issued a report, and will I just have wanted to make sure that our opportunities, and just couldn’t get the paraphrase what is the central finding, country would have both security and information. So, finally, I said: I have on page 104 of their report: As to infor- liberty are saying that it is a fantasy to ask this question in public. mation contributed to terrorist inves- that the government is listening to On the Intelligence Committee you tigations by the use of section 215 te- calls, I could tell you that those who don’t get but perhaps 20 or 25 minutes lephony metadata—that is the col- have been trying to reform the pro- a year to ask questions in public, to lecting all of these millions and mil- gram have said, in effect, that the gov- hold intelligence leaders accountable

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So and democratic governance.’’ And they in the future because, increasingly, to make sure no one would feel am- recommended changing those authori- communications systems around the bushed, I sent the question to the Di- ties in order to ‘‘strike a better balance world are becoming globally inte- rector of National Intelligence, Mr. between the competing interests and grated, so the amount of emails that Clapper. I sent it a day ahead of time. providing for the common defense and are reviewed of Americans is likely to Then I didn’t hear anything about its securing ‘the Blessings of Liberty to grow. But we can’t get that change being inappropriate or in violation of ourselves and our Posterity.’ ’’ here tonight. So, as my colleague from classification rules. So I asked in pub- Following that, multiple efforts have New Mexico has mentioned, the USA lic: Does the government collect any been made to update and reform FISA FREEDOM Act would make several type of data at all on millions or hun- and to update and reform the USA PA- worthwhile reforms, such as increasing dreds of millions of Americans? I was TRIOT Act. None of those have been transparency, reducing the govern- told no, and that answer was obviously successful. But now we are forced to ment’s reliance on secret laws. But false. I tried to get it corrected, and we come to a resolution through a com- from my perspective, the centerpiece of still couldn’t get it corrected. bination of, frankly, procrastination, it is ending the bulk collection of Of course, then Mr. Snowden spoke and, I think, misguided hope that the Americans’ information under the PA- out publicly and pointed that out. American people would look the other TRIOT Act. Since that time, the Director of Na- way while the government continued I have been trying to close this par- tional Intelligence and his representa- to vacuum up and store their personal ticular loophole for close to a decade tives have given these five different ex- information and data as part of a pro- now. Some of our colleagues have said planations for why that answer was gram that even the intelligence com- the bulk collection has never been given. So that is why you have to ask munity acknowledges can be accom- abused; that no one’s rights have been the hard questions. You have to ask plished through less intrusive means. violated. My own view is—and I will the hard questions about these issues. I will be honest. The current USA ask what my colleague thinks—that I see my friend and colleague Senator FREEDOM Act isn’t what I consider vacuuming up all this information, HEINRICH has joined us tonight. I am so perfect. For example, I prefer that it particularly when databases get vio- pleased that he has joined the Intel- include strong reform of section 702 lated all the time—we have seen his- ligence Committee. Senator HEINRICH collection, but I accept that cir- torically instances where there has is one of those Senators who subscribes cumstances require us to be pragmatic, been improper conduct by the govern- to that view that I just mentioned— require us to govern and move forward ment. I believe dragnet surveillance that it is our job to ask the hard ques- and to work with one another in both violates the rights of millions of our tions. It may be uncomfortable. It is parties to find compromise. That is people every day. not designed in any way to convey dis- what the USA FREEDOM Act is. It is a Vacuuming up the private phone respect. We see it as our job to ask the product of bipartisan compromise. records of millions of Americans with hard questions. That is why it passed the House of no connection to wrongdoing is simply I would be interested in my col- Representatives by a vote of 338 to 88. a violation of their rights. league’s thoughts with respect to this And let’s be blunt, many of those who And vacuuming up Americans’ email issue and to have him be given a voted against it didn’t do so because records, which I pointed out before my chance to participate in this colloquy. they support bulk collection. They did colleague came to the floor—which he The PRESIDING OFFICER (Mr. so because they want to see section 215 and our former colleague Senator Udall JOHNSON). Without objection, it is so wither and die in its entirety. That is and I battled—is surely a violation of ordered. the political reality we face today, and the rights of Americans as well. Col- Mr. HEINRICH. First, I thank my we need to accept it rather than de- leagues, that wouldn’t have been point- friend from Oregon and I recognize the manding a continuation of a program ed out at all—it wouldn’t have been substantial leadership he has shown on that the appeals court has determined pointed out at all—unless Senator this issue over the years. Long before I is illegal. Udall and I, with the help of our friend came to the Intelligence Committee Mr. WYDEN. I thank my colleague from New Mexico, hadn’t been pushing and long before Edward Snowden began for his statements and would just want back on it. Finally, one day the gov- to steal documents, Senator WYDEN, to explore this a little bit further. I ernment said: Well, we will get rid of it along with Senator Mark Udall and hope that those who are following this because it wasn’t effective. They got others, were doing everything they debate understand that my colleague rid of it because they saw they were could—without disclosing classified in- from New Mexico is a real rising star in going to get hard questions, the kinds formation—to shine a light on the fact the Senate. He and I would like the of questions my friend from New Mex- that the U.S. Government was col- USA FREEDOM Act to go further, and ico has been asking. lecting massive volumes of data on we both worked together on legislation Now, with respect to the legality of millions of law-abiding American citi- that would make additional reforms. this program, I know my colleague and zens. My friend from Oregon deserves Certainly, our colleagues on the Intel- I actually filed a legal brief, along with our thanks for that leadership. ligence Committee and here in the Sen- our former colleague Mark Udall, when Now, after the bulk call data collec- ate can expect to see us continuing to the Court of Appeals for the Second tion program was revealed to the pub- work together to advance these addi- Circuit was examining that program. lic, the government, frankly, defended tional reforms over the coming months In our brief, it was argued that we were it and defended it vigorously. It took a and years. For now, the two of us are able to debunk many of the claims that number of months for the intelligence saying we ought to support the USA had been made about the effectiveness community and the rest of the admin- FREEDOM Act and then move on— of the program. istration to take a deep breath and move on to other critical areas. I think it would be helpful if my col- really assess whether bulk metadata I particularly want to see closed league from New Mexico laid out some collection was necessary, whether it what is called the backdoor search of that analysis here tonight. I would was effective, and to consider whether loophole, which my colleague from ask the Senator from New Mexico to there were other less intrusive, more New Mexico talked about. What this begin, and I would encourage him to constitutionally grounded ways to ac- means, colleagues, is that when you start by addressing the claim that the complish these same goals. are engaged in a lawful search of some- bulk collection of Americans’ phone Starting with the President’s Review one who is a threat overseas, pursuant records is essential for stopping ter- Group on Intelligence and Communica- to section 702 of the Foreign Intel- rorist attacks. My question to my col- tions Technologies, the administration ligence Surveillance Act, very often league is, Is there any evidence, any

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I thank my friend the metadata analysis was used only after bulk phone records collection. from Oregon and begin by saying that the terrorist was arrested ‘‘to establish [his] Finally, several supporters of the despite what we may have heard from foreign ties and put them in context with his bulk metadata program have claimed talking heads on the Sunday shows and U.S. based planning efforts.’’ []And in the that ‘‘[i]f we had had [the bulk phone- on the cable news networks, the answer third, the metadata analysis ‘‘revealed a pre- records] program in place at the time viously unknown number for [a] co-con- [of the September 11, 2001 attacks,] we is no. There is simply no evidence to spirator . . . and corroborated his connection support those claims. to [the target of the investigation] as well as would have been able to identify’’ the When this mass surveillance was first to other U.S.-based extremists.’’ phone number of one of the hijackers, revealed to the public 2 years ago, the Continuing to quote Judge Leon: Khalid al-Mihdhar. Just as in these other cases, however, executive branch initially responded to []Again, there is no indication that these questions like this by claiming that revelations were immediately useful or that the record indicates that Mr. Mihdhar’s various post-9/11 authorities had re- they prevented an impending attack. Assist- phone number could also have been ob- sulted in the thwarting of approxi- ant Director Holley even concedes that bulk tained by the government using a vari- mately ‘‘54 terrorist events in the U.S. metadata analysis only ‘‘sometimes provides ety of alternate means. Before Sep- homeland and abroad.’’ information earlier than the FBI’s other in- tember 11, the government was Now, a number of us, including my vestigative methods and techniques.’’ surveilling a safe house in Yemen but friend from Oregon and my former col- Finally, Judge Leon writes: failed to realize that Mr. Mihdhar, who league from Colorado, Senator Udall, []Given the limited record before me at was in contact with the safe house, was began to pull on that thread to really this point in the litigation—most notably, actually inside the United States. The parse down and see just what the exec- the utter lack of evidence that a terrorist at- government could have used any num- utive branch was talking about. First, tack has ever been prevented because of ber of authorities to determine wheth- searching the NSA database was faster than of those 54 terrorist events, it turned er anyone in our country was in con- other investigative tactics—I have serious tact with the safe house it was already out that only 13 were actually focused doubts about the efficacy of the metadata in the United States. But more impor- collection program as a means of conducting targeting. It didn’t need a record of tantly, those numbers conflated mul- time-sensitive investigations in cases involv- every Americans’ phone calls to estab- tiple different programs, including au- ing imminent threats of terrorism. lish that simple connection. thorities under section 215 and dif- That is where the judge leaves off. Mr. HEINRICH. I wish to expound on ferent authorities under section 702. And I will turn back to the Senator that point a bit, about the many other On June 19, 2013, my colleague from from Oregon to address the three cases ways the government can legitimately Oregon and Senator Udall pointed out we discussed in more detail in our ami- acquire phone records of terrorism sus- pects, because I think this is a very im- that ‘‘it appears that the bulk phone cus brief to the Second Circuit. records collection program under sec- Mr. WYDEN. I thank my colleague. portant point to understand the tools tion 215 of the USA PATRIOT Act The first of these examples—and they that already exist that have been very played little or no role in most of these really are kind of overblown examples effective and have proven themselves disruptions. Saying that ‘these pro- about the effectiveness of bulk collec- over time. There are actually a number of legal grams’ have disrupted ‘dozens of poten- tion—is the case of an individual authorities that can get the same in- tial terrorist plots’ is misleading if the named Najibullah Zazi. Mr. Zazi was a formation without the government col- bulk phone records collection program known terrorism suspect, and a num- lecting billions of call records—billions is actually providing little or no ber of people have suggested that bulk of call records that, in large part, be- unique value.’’ phone records collection was somehow Of the original 54 instances the exec- long to innocent Americans. essential to stopping him because a For example, the Stored Communica- utive branch pointed to, every one of query of the bulk phone records data- tions Act permits the government to them crumbled under scrutiny. None of base for numbers linked to Mr. Zazi re- obtain precisely the same call records them actually justified the continued turned a previously unknown number that are now acquired through bulk existence of the bulk collection pro- belonging to another terrorism sus- collection under section 215 when they gram. pect. are ‘‘relevant and material to an ongo- Let me take a moment, with the in- However, since the government had ing criminal investigation.’’ dulgence of our colleagues, and read already identified Zazi as a terrorism Additionally, national security let- what was written by Judge Leon of the suspect prior to querying the bulk ters, which I point out do not require a District Court for the District of Co- phone records database, it had all the court order, can also be used by the lumbia, when he ruled in the Klayman evidence it needed to obtain the phone government to obtain call records for v. Obama case. This is a little long, but records of Zazi and his associates using intelligence purposes. I think it is important this be part of an individualized section 215 order or Further, the government can also ac- the official record of this debate. other legal authorities. quire telephony metadata on a real- Judge Leon writes: In the second case, some have point- time basis by obtaining orders from ei- [T]he Government does not cite a single in- ed to Mr. Moalin, the San Diego man ther regular Federal courts or the FISC stance in which analysis of the NSA’s bulk convicted of sending $8,500 to support for the installation of pen registers or metadata collection actually stopped an im- al-Shabaab in Somalia. The intel- trap-and-trace devices. minent attack, or otherwise aided the Gov- ligence community has indicated that ernment in achieving any objective that was Finally, individualized orders for time-sensitive in nature. In fact, none of the information from the bulk phone phone records, as opposed to orders au- three ‘‘recent episodes’’ cited by the Govern- records database ‘‘established a con- thorizing broad bulk collection, can ment that supposedly ‘‘illustrate the role nection between a phone number also be obtained under section 215. that telephony metadata analysis can play known to be used by an extremist over- I think those of us early in this de- in preventing and protecting against ter- seas . . . and an unknown San Diego- bate thought that was what was going rorist attack’’ involved any apparent ur- based number’’ that belonged to Mr. to occur under the PATRIOT Act in the gency. Moalin. Yet there are ample existing first place. But that is what the USA He continues to write that: authorities under which the United FREEDOM Act seeks to require while []In the first example, the FBI learned of a States can conduct surveillance on a prohibiting the bulk collection of mil- terrorist plot still ‘‘in its early stages’’ and phone number known to be used by ex- lions of personal records. It even in- investigated that plot before turning to the tremists overseas and other phone cludes emergency authorization au- metadata ‘‘to ensure that all potential con- numbers in contact with that phone thority for the government to get nections were identified.’’ []Assistant Direc- tor Holley does not say that the metadata number. records prior to getting court approval, revealed any new information—much less The argument that Mr. Moalin’s case subject to later court approval, in an time-sensitive information—that had not al- is an example of a unique value of bulk emergency. ready come to light in the investigation up phone records collection is just not ac- The government can use any of these to that point. curate. My view is this is yet another authorities without any more evidence

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.027 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3339 than what is currently required to use not be easily read. The reason this will would be happy to give him the last the bulk phone records database, with be an enormously important issue—and word of our colloquy at this time. less impact, I would point out, on the my colleague and I have talked about I yield to my colleague. privacy interests of millions of inno- this—is because of the NSA overreach, Mr. HEINRICH. I thank my friend cent Americans. the collection of all these phone from Oregon. I think he could not have I think at this point the Senator records of law-abiding people. A lot of chosen a more appropriate way to end from Oregon and I have laid out our our most innovative, cutting-edge com- than to reference what Ben Franklin case as to why this dragnet bulk sur- panies have found their customers rais- said so many years ago, that great veillance program fails to make our ing real questions about whether their quote that ‘‘those who would give up country measurably safer and why it products can be used safely, and a lot essential Liberty, to purchase a little should end. I am pleased to say that a of the purchasers who buy their prod- temporary Safety, deserve neither Lib- number of people have finally come ucts around the world are saying: erty nor Safety.’’ around to our way of thinking on this. Maybe we shouldn’t trust them. Maybe While many reforms still lie in front Mr. WYDEN. I thank my colleague. I we should try to start taking control of us, I think, as we move forward to will wrap up and then give the last over their servers and have local stor- approving the USA FREEDOM Act, we word to my friend from New Mexico on age requirements and that sort of move a lot closer to the balance that the subject. He is absolutely right that thing. So what our companies did, be- Ben Franklin articulated so well over some of the most authoritative leaders cause they saw the effect of the over- 200 years ago. I look forward to work- in our country—experts on terror— reach by the NSA, was they started to ing with my colleague from Oregon and have reached the same judgment we use encryption to protect the data and all of our colleagues in achieving that have. I made mention of the Presi- messages of the consumers who buy balance and standing up for our con- dent’s Review Group on Intelligence their products. stituents. and Communications Technologies, Most recently, the head of the FBI, Mr. WYDEN. Mr. President, I yield and I really would encourage col- Mr. Comey, rather than try to come the floor. leagues who are following this debate back with a solution that protected Mr. LEAHY. Mr. President, we did and citizens across the country—that both our privacy and our security, he not have to end up here, just hours report is available online, and it is said he was interested in requiring away from the midnight expiration of available in our office. Page 104 of that companies to build weaknesses into three surveillance authorities, and hav- report is very explicit. It says that the their products. Just think about that— ing just moved to proceed to the USA information that would otherwise be requiring companies to build weak- FREEDOM Act. obtained in collecting all of these nesses into their products. So the gov- I have tried since last year to move phone records—millions of phone ernment—which, in effect, caused this legislation through the Senate to ad- records of law-abiding Americans, peo- problem with the overreach—in effect, dress these sunsets. In November, Sen- ple such as Mike Morell, former Acting rather than trying to find a solution ator REID brought the USA FREEDOM Director of the CIA, and Richard Clark, that worked for both security and lib- Act to the floor but the Republican who served in two administrations— erty, said: We will start talking about leadership of the Senate blocked de- they said it could have been obtained requiring companies to actually build bate on it. When they took over the through conventional processes. weaknesses into their products. Senate, they assured us that they This is a program that is not making I and others have pointed out that would send bills—including this one— us safer. And it is not my judgment once you do that, hang on to your hat. through appropriate committee proc- that ought to be the last word; it When the good guys have the keys, ess. There were promises that the new should be that of people like those I that is one thing, but when companies leadership would not fill the amend- just quoted. are required to build weaknesses into ment tree, and would use a transparent The Privacy and Civil Liberties Over- their products, the bad guys are going legislative process. But not one of sight Board’s report on the telephone to get the keys in a hurry, too. And those promises has been fulfilled with records program said pretty much the with all the cyber hacking and the respect to any legislation dealing with same thing: risks we already have, we ought to be the upcoming sunsets. [T]he Section 215 program has shown mini- really careful about going where Mr. Once again this year, I proposed with mal value in safeguarding the nation from Senator LEE a new version of the USA terrorism. Based on the information pro- Comey, our FBI Director, has proposed vided to the Board, including classified brief- to go. FREEDOM Act. That bill had signifi- ings and documentation, we have not identi- But that is not for tonight. Tonight cant process in the House, where it fied a single instance involving a threat to is not an occasion where we will be passed by an overwhelming margin ear- the United States in which the program able to, on a bipartisan basis, close the lier this month. And once again, the bi- made a concrete difference in the outcome of backdoor-search loophole or where we partisan coalition here in the Senate a counterterrorism investigation. will be able to come up with a sensible tried to get the bill passed. Two Fri- I will close by way of saying—and I policy with respect to encryption rath- days ago, the Senate Republican lead- touched on this before my friend from er than requiring companies to actu- ership did not allow us to debate the New Mexico arrived—I would like to do ally build weaknesses in their prod- bill. a lot more than I believe is likely to ucts. We will not be able to do that to- Tonight, the Senate did the right happen here quickly in the Senate. I do night. But we will now have a chance thing by invoking cloture on the mo- want to see us finally throw in the here in the Senate to take steps that tion to proceed to the USA FREEDOM dustbin of history this bulk phone have been bipartisan both here in the Act. I am glad to see several Repub- records collection program because it Senate and in the other body, in the licans switched their votes. This is sig- doesn’t make us safer and it com- House of Representatives, to end the nificant progress, but it is late in com- promises our liberty. But, as I indi- bulk phone records collection program ing. cated to my friend from New Mexico, I because it doesn’t make us safer and it We should have proceeded to this bill would also like to close this backdoor threatens our liberties. two Fridays ago. Had we done so, we search loophole in the FISA Act, which I always like to close by thinking could have stayed here to do our work, is going to be a bigger problem in the about Ben Franklin, who said that any- considered amendments, and passed the days ahead given the evolution of com- body who gives up their liberty to have bill well in advance of tonight’s sunset. munications systems and how they security really doesn’t deserve either. Instead, we are hours away from expi- have become globally integrated. I am so pleased to have a chance to ration and just now considering legisla- I will close by saying that one of the serve with my colleague from New tion that many of us have been work- most important issues we are going to Mexico on the Intelligence Committee, ing on for years. Our intelligence com- have to tackle in the days ahead is who is going to be a thoughtful advo- munity needs predictability and cer- going to deal with encryption. cate for these kinds of policies, in my tainty, not a manufactured crisis. Encryption, of course, is the encoding view, for many years to come. I thank If all Senators cooperate, we can fin- of data and messages so that they can- him for his involvement tonight and ish this bill tonight. We can consider a

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.030 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3340 CONGRESSIONAL RECORD — SENATE May 31, 2015 handful of amendments under a time Strike Sec. 110(a) and insert the following: receive (including on a non-reimbursable agreement, and pass this bill before (a) IN GENERAL.—The amendments made by basis) the assistance of the executive branch midnight. That would be the respon- sections 101 through 103 shall take effect on in the implementation of this subsection. sible thing to do. the date that is 12 months after the date of ‘‘(7) ADMINISTRATION.—A court established the enactment of this Act. under subsection (a) or (b) may provide for Mr. BARRASSO. Mr. President, I the designation, appointment, removal, suggest the absence of a quorum. Mr. MCCONNELL. I ask for the yeas and nays on my amendment. training, or other support of an amicus cu- The PRESIDING OFFICER. The riae appointed under paragraph (1) in a man- clerk will call the roll. The PRESIDING OFFICER. Is there a ner that is not inconsistent with this sub- The senior assistant legislative clerk sufficient second? section. proceeded to call the roll. There appears to be a sufficient sec- ‘‘(j) REVIEW OF FISA COURT DECISIONS.— Mr. MCCONNELL. Madam President, ond. Following issuance of an order under this The yeas and nays were ordered. Act, a court established under subsection (a) I ask unanimous consent that the order shall certify for review to the court estab- AMENDMENT NO. 1451 TO AMENDMENT NO. 1450 for the quorum call be rescinded. lished under subsection (b) any question of The PRESIDING OFFICER (Mrs. Mr. MCCONNELL. I have a second-de- law that may affect resolution of the matter CAPITO). Without objection, it is so or- gree amendment at the desk. in controversy that the court determines dered. The PRESIDING OFFICER. The warrants such review because of a need for Mr. MCCONNELL. Madam President, clerk will report. uniformity or because consideration by the I know of no further debate on the mo- The legislative clerk read as follows: court established under subsection (b) would serve the interests of justice. Upon certifi- tion. The Senator from Kentucky [Mr. MCCON- cation of a question of law under this sub- NELL] proposes an amendment numbered 1451 The PRESIDING OFFICER. The section, the court established under sub- to amendment No. 1450. question is on agreeing to the motion section (b) may give binding instructions or to proceed. The amendment is as follows: require the entire record to be sent up for de- The motion was agreed to. (Purpose: To improve the amendment) cision of the entire matter in controversy. ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- f At the end, add the following: CISIONS.— (b) NONEFFECT OF CERTAIN PROVISIONS.— USA FREEDOM ACT OF 2015 ‘‘(1) CERTIFICATION.—For purposes of sec- Section 401 of this Act, relating to appoint- tion 1254(2) of title 28, United States Code, The PRESIDING OFFICER. The ment of amicus curiae, shall have no force or the court of review established under sub- effect. clerk will report the bill by title. section (b) shall be considered to be a court The legislative clerk read as follows: SEC. 110A. APPOINTMENT OF AMICUS CURIAE. of appeals. A bill (H.R. 2048) to reform the authorities Section 103 (50 U.S.C. 1803) is amended by ‘‘(2) AMICUS CURIAE BRIEFING.—Upon cer- of the Federal Government to require the adding at the end the following new sub- tification of an application under paragraph production of certain business records, con- sections: (1), the Supreme Court of the United States duct electronic surveillance, use pen reg- ‘‘(i) AMICUS CURIAE.— may appoint an amicus curiae designated isters and trap and trace devices, and use ‘‘(1) AUTHORIZATION.—A court established under subsection (i)(3), or any other person, other forms of information gathering for for- under subsection (a) or (b) is authorized, con- to provide briefing or other assistance.’’. sistent with the requirement of subsection eign intelligence, counterterrorism, and AMENDMENT NO. 1452 criminal purposes, and for other purposes. (c) and any other statutory requirement that the court act expeditiously or within a stat- Mr. MCCONNELL. I have an amend- AMENDMENT NO. 1449 ed time— ment to the text proposed to be strick- (Purpose: In the nature of a substitute) ‘‘(A) to appoint amicus curiae to— en. Mr. MCCONNELL. Madam President, ‘‘(i) assist the court in the consideration of The PRESIDING OFFICER. The I have a substitute amendment at the any application for an order or review that, clerk will report. desk that I ask the clerk to report. in the opinion of the court, presents a novel The legislative clerk read as follows: The PRESIDING OFFICER. The or significant interpretation of the law; or The Senator from Kentucky [Mr. clerk will report. ‘‘(ii) provide technical expertise in any in- MCCONNELLL] proposes an amendment num- stance the court considers appropriate; or The legislative clerk read as follows: bered 1452 to the language proposed to be ‘‘(B) upon motion, to permit an individual stricken by amendment No. 1449. The Senator from Kentucky [Mr. MCCON- or organization leave to file an amicus cu- (The amendment is printed in today’s NELL] proposes an amendment numbered riae brief. RECORD under ‘‘Text of Amendments.’’) 1449. ‘‘(2) DESIGNATION.—The courts established Mr. MCCONNELL. I ask for the yeas by subsection (a) and (b) shall each designate Mr. MCCONNELL. I ask unanimous and nays on my amendment. consent that the reading of the amend- 1 or more individuals who may be appointed to serve as amicus curiae and who are deter- The PRESIDING OFFICER. Is there a ment be dispensed with. sufficient second? The PRESIDING OFFICER. Without mined to be eligible for access to classified national security information necessary to There appears to be a sufficient sec- objection, it is so ordered. participate in matters before such courts (if ond. (The amendment is printed in today’s such access is necessary for participation in The yeas and nays were ordered. RECORD under ‘‘Text of Amendments.’’) the matters for which they may be ap- AMENDMENT NO. 1453 TO AMENDMENT NO. 1452 Mr. MCCONNELL. I ask for the yeas pointed). In appointing an amicus curiae pur- Mr. MCCONNELL. I have a second-de- and nays on my amendment. suant to paragraph (1), the court may choose gree amendment at the desk. The PRESIDING OFFICER. Is there a from among those so designated. The PRESIDING OFFICER. The sufficient second? ‘‘(3) EXPERTISE.—An individual appointed clerk will report. There appears to be a sufficient sec- as an amicus curiae under paragraph (1) may The legislative clerk read as follows: be an individual who possesses expertise on ond. privacy and civil liberties, intelligence col- The Senator from Kentucky [Mr. MCCON- The yeas and nays were ordered. lection, communications technology, or any NELL] proposes an amendment numbered 1453 AMENDMENT NO. 1450 TO AMENDMENT NO. 1449 other area that may lend legal or technical to amendment No. 1452. Mr. MCCONNELL. Madam President, I expertise to the court. The amendment is as follows: have an amendment at the desk. ‘‘(4) DUTIES.—An amicus curiae appointed At the end of the amendment, add the fol- The PRESIDING OFFICER. The under paragraph (1) to assist with the consid- lowing: eration of a covered matter shall carry out ‘‘This Act shall take effect 1 day after the clerk will report. the duties assigned by the appointing court. date of enactment.’’ The legislative clerk read as follows: That court may authorize the amicus curiae CLOTURE MOTION The Senator from Kentucky [Mr. MCCON- to review any application, certification, peti- Mr. MCCONNELL. Madam President, NELL] proposes an amendment numbered 1450 tion, motion, or other submission that the I have a cloture motion at the desk. to amendment No. 1449. court determines is relevant to the duties as- The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Madam President, signed by the court. ture motion having been presented ‘‘(5) NOTIFICATION.—A court established I ask unanimous consent that the read- under rule XXII, the Chair directs the ing of the amendment be dispensed under subsection (a) or (b) shall notify the Attorney General of each exercise of the au- clerk to read the motion. with. thority to appoint an amicus curiae under The legislative clerk read as follows: The PRESIDING OFFICER. Without paragraph (1). CLOTURE MOTION objection, it is so ordered. ‘‘(6) ASSISTANCE.—A court established We, the undersigned Senators, in accord- The amendment is as follows: under subsection (a) or (b) may request and ance with the provisions of rule XXII of the

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.032 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3341 Standing Rules of the Senate, do hereby As a mother of children about Beau’s Ed’s voice has been an invaluable move to bring to a close debate on H.R. 2048, age I know that this is the age when contribution to the health care debate an act to reform the authorities of the Fed- our children are coming fully into their in this country, and I congratulate him eral Government to require the production of own and Beau Biden was already there. on this deserved recognition for his certain business records, conduct electronic surveillance, use pen registers and trap and He was a skilled attorney general, a countless achievements in the public trace devices, and use other forms of infor- promising candidate for Governor, and policy realm. ∑ mation gathering for foreign intelligence, above all an extraordinarily loving f counterterrorism, and criminal purposes, family member. and for other purposes. The Vice President has suffered too MESSAGE FROM THE HOUSE Mitch McConnell, John Cornyn, Ron many losses in his lifetime and each RECEIVED DURING ADJOURMENT Johnson, Dean Heller, Steve Daines, one has cut deep. I hope he knows that ENROLLED BILLS SIGNED Cory Gardner, Johnny Isakson, Richard all of us who love him are praying that Burr, Tim Scott, James Lankford, Jeff Under the authority of the order of Flake, Mike Lee, Lisa Murkowski, his faith and the deep love of his family the Senate on January 6, 2015, the Sec- John Barrasso, Thom Tillis, Chuck will see him through this tragic loss. retary of the Senate, on May 26, 2015, Grassley, Richard C. Shelby. I know the people of California join during the adjournment of the Senate, me in sending the deepest condolences f received a message from the House of to the Biden family. Representatives announcing that the NATIONAL DEFENSE AUTHORIZA- f Speaker pro tempore (Mr. HARRIS) has TION ACT FOR FISCAL YEAR ADDITIONAL STATEMENTS signed the following enrolled bills: 2016—MOTION TO PROCEED H.R. 1690. An act to designate the United Mr. MCCONNELL. I move to proceed States courthouse located at 700 Grant to H.R. 1735. TRIBUTE TO C. EDWARD BROWN Street in Pittsburgh, Pennsylvania, as the ‘‘Joseph F. Weis Jr. United States Court- The PRESIDING OFFICER. The ∑ Mr. GRASSLEY. Madam President, I clerk will report the motion. house’’. wish to recognize C. Edward ‘‘Ed’’ H.R. 2353. An act to provide an extension of The legislative clerk read as follows: Brown, FACHE, on his election to the Federal-aid highway, highway safety, motor Motion to proceed to Calendar No. 99, H.R. American Medical Group Association’s carrier safety, transit, and other programs 1735, a bill to authorize appropriations for Policy Hall of Fame. Ed has a long funded out of the Highway Trust Fund, and fiscal year 2016 for military activities of the track record in Iowa and Washington for other purposes. Department of Defense, for military con- The enrolled bills were subsequently struction, and for defense activities of the as a leading advocate in health care Department of Energy, to prescribe military policy reform. He also served in numer- signed by the acting President pro tem- personnel strengths for such fiscal year, and ous leadership roles at the American pore (Mr. BLUNT). for other purposes. Medical Group Association, chairing f CLOTURE MOTION its public policy committee for 4 years and serving as chairman of its board. INTRODUCTION OF BILLS AND Mr. MCCONNELL. I send a cloture JOINT RESOLUTIONS motion to the desk. Mr. Brown has had a distinguished The PRESIDING OFFICER. The clo- career in health care in Iowa, where he By Mr. VITTER: ture motion having been presented has served for the last 21 years as chief S. 1470. A bill to amend the Small Business executive officer of the Iowa Clinic, a Act to provide additional assistance to small under rule XXII, the Chair directs the business concerns for disaster recovery, and clerk to read the motion. multispecialty group practice in Des Moines. The Iowa Clinic is the largest for other purposes; to the Committee on The legislative clerk read as follows: Small Business and Entrepreneurship. physician-owned multispecialty group CLOTURE MOTION in central Iowa, with nearly 200 physi- f We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the cians and health care providers prac- SUBMISSION OF CONCURRENT AND Standing Rules of the Senate, do hereby ticing in 40 specialties. The clinic SENATE RESOLUTIONS move to bring to a close debate on the mo- serves a population area of 1.1 million, By Mr. CARDIN (for himself, Ms. COL- tion to proceed to H.R. 1735, an act to au- averaging 400,000 patient visits each LINS, Ms. CANTWELL, and Ms. thorize appropriations for fiscal year 2016 for year. AYOTTE): military activities of the Department of De- Ed has a long list of achievements in S. Res. 188. A resolution expressing appre- fense, for military construction, and for de- delivering cutting edge, quality-fo- ciation of the goals of American Craft Beer fense activities of the Department of Energy, cused health care to the benefit of Week and commending the small and inde- to prescribe military personnel strengths for Iowans, and his achievements include pendent craft brewers of the United States; such fiscal year, and for other purposes. considered and agreed to. Mitch McConnell, John McCain, Lindsey the Iowa Clinic’s adoption of electronic Graham, Kelly Ayotte, Jeff Sessions, medical records and information tech- f nology systems. He holds a bachelor’s Shelley Moore Capito, Joni Ernst, Deb SUBMITTED RESOLUTIONS Fischer, Thom Tillis, Roger F. Wicker, degree in nursing from the University Tom Cotton, Dan Sullivan, Mike of Evansville and a master’s degree in Rounds, James M. Inhofe, John Cor- health administration from Wash- nyn, Mike Lee, Cory Gardner. SENATE RESOLUTION 188—EX- ington University in St. Louis. Also, he PRESSING APPRECIATION OF f is a fellow of the American College of THE GOALS OF AMERICAN Healthcare Executives, with more than MORNING BUSINESS CRAFT BEER WEEK AND COM- 30 years of experience in executive and MENDING THE SMALL AND INDE- Mr. MCCONNELL. Madam President, senior levels of health care manage- PENDENT CRAFT BREWERS OF I ask unanimous consent that the Sen- ment. THE UNITED STATES ate proceed to a period of morning As an advocate for multispecialty business, with Senators permitted to medical groups and AMGA, Ed has been Mr. CARDIN (for himself, Ms. COL- speak therein for up to 10 minutes a leader in promoting a model of care LINS, Ms. CANTWELL, and Ms. AYOTTE) each. delivery and an organization that rep- submitted the following resolution; The PRESIDING OFFICER. Without resents some of the Nation’s highest which was considered and agreed to: objection, it is so ordered. quality and most prestigious health S. RES. 188 f care delivery systems. It is wonderful Whereas American Craft Beer Week is cele- to see someone with such a distin- brated annually in breweries, brew pubs, res- REMEMBERING BEAU BIDEN guished health care record in Iowa rec- taurants, and beer stores by craft brewers, Mrs. BOXER. Madam President, my ognized at the national level as a dedi- home brewers, and beer enthusiasts nation- wide; heart and the hearts of my entire fam- cated leader who is committed to im- Whereas in 2015, American Craft Beer Week ily go out to Vice President JOE BIDEN proving health care at such an impor- is celebrated from May 11 to May 17; and his family on the tragic loss of his tant time for our Nation’s health care Whereas craft brewers are a vibrant affir- son, Beau Biden. delivery system. mation and expression of the entrepreneurial

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G31MY6.038 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3342 CONGRESSIONAL RECORD — SENATE May 31, 2015 traditions of the United States, operating as (2) recognizes the significant contributions surveillance, use pen registers and trap community-based small businesses, pro- of the craft brewers of the United States to and trace devices, and use other forms viding employment for 115,000 full- and part- the economy and to the communities in of information gathering for foreign in- time workers, and generating annually more which the craft brewers are located; and telligence, counterterrorism, and than $3,000,000,000 in wages and benefits; (3) commends the craft brewers of the Whereas the United States has craft brew- United States for providing jobs, supporting criminal purposes, and for other pur- ers in every State and more than 3,500 craft United States agriculture, improving the poses; which was ordered to lie on the breweries nationwide, each producing fewer balance of trade, and educating the people of table; as follows: than 6,000,000 barrels of beer annually; the United States and beer lovers around the At the end, add the following: Whereas in 2014, 615 new breweries opened world about the history and culture of beer TITLE IX—COMMISSION ON PRIVACY in the United States, creating jobs and im- while promoting the legal and responsible RIGHTS IN THE DIGITAL AGE proving economic conditions in communities consumption of beer. across the United States; SECTION 901. SHORT TITLE. f Whereas in 2014, craft breweries in the This title may be cited as the ‘‘Commis- United States produced more than 22,000,000 AMENDMENTS SUBMITTED AND sion on Privacy Rights in the Digital Age Act of 2015’’. barrels of beer, which is 3,300,000 more bar- PROPOSED rels than craft breweries produced in 2013; SEC. 902. FINDINGS. Whereas the craft brewers of the United SA 1441. Mr. PAUL (for himself and Mr. Congress makes the following findings: States now export more than 383,000 barrels WYDEN) submitted an amendment intended (1) Today, technology that did not exist 30 of beer and are establishing new markets to be proposed by him to the bill H.R. 2048, years ago pervades every aspect of life in the abroad, which creates more domestic jobs to to reform the authorities of the Federal Gov- United States. meet the growing international demand for ernment to require the production of certain (2) Nearly 2⁄3 of adults in the United States craft beer from the United States; business records, conduct electronic surveil- own a smartphone, and 43 percent of adults Whereas the craft brewers of the United lance, use pen registers and trap and trace in the United States rely solely on their cell States support United States agriculture by devices, and use other forms of information phone for telephone use. purchasing barley, malt, and hops that are gathering for foreign intelligence, counter- (3) 84 percent of households in the United grown, processed, and distributed in the terrorism, and criminal purposes, and for States own a computer and 73 percent of United States; other purposes; which was ordered to lie on households in the United States have a com- Whereas the craft brewers of the United the table. puter with an Internet broadband connec- States produce more than 100 distinct styles SA 1442. Mr. PAUL submitted an amend- tion. of flavorful beers, including many sought- ment intended to be proposed by him to the (4) Federal policies on privacy protection after new and unique styles ranging from bill H.R. 2048, supra; which was ordered to lie have not kept pace with the rapid expansion smoked porters to pumpkin peach ales that— on the table. of technology. (1) contribute to a favorable balance of SA 1443. Mr. PAUL (for himself and Mr. (5) Innovations in technology have led to trade by reducing United States dependence WYDEN) submitted an amendment intended the exponential expansion of data collection on imported beers; to be proposed by him to the bill H.R. 2048, by both the public and private sectors. (2) support United States exports; and supra; which was ordered to lie on the table. (6) Consumers are often unaware of the col- (3) promote United States tourism; SA 1444. Mr. PAUL (for himself and Mr. lection of their data and how their informa- WYDEN) submitted an amendment intended Whereas craft beers from the United States tion can be collected, bought, and sold by to be proposed by him to the bill H.R. 2048, consistently win international quality and private companies. supra; which was ordered to lie on the table. taste awards; SEC. 903. PURPOSE. SA 1445. Mr. PAUL submitted an amend- Whereas the craft brewers of the United The purpose of this title is to establish, for ment intended to be proposed by him to the States strive to educate the people of the a 2-year period, a Commission on Privacy bill H.R. 2048, supra; which was ordered to lie United States who are of legal drinking age Rights in the Digital Age to— on the table. about the differences in beer flavor, aroma, (1) examine— SA 1446. Mr. PAUL submitted an amend- color, alcohol content, body, and other com- (A) the ways in which public agencies and ment intended to be proposed by him to the plex variables, the gastronomic qualities of private companies gather data on the people bill H.R. 2048, supra; which was ordered to lie beer, beer history, and historical brewing of the United States; and on the table. traditions dating back to colonial times and (B) the ways in which that data is utilized, SA 1447. Mr. PAUL (for himself and Mr. earlier; either internally or externally; and WYDEN) submitted an amendment intended Whereas the craft brewers of the United (2) make recommendations concerning po- to be proposed by him to the bill H.R. 2048, States champion the message of responsible tential policy changes needed to safeguard supra; which was ordered to lie on the table. enjoyment to their customers and work the privacy of the people of the United SA 1448. Mr. PAUL (for himself and Mr. within their communities and the industry States. WYDEN) submitted an amendment intended to prevent alcohol abuse and underage drink- SEC. 904. COMPOSITION OF THE COMMISSION. to be proposed by him to the bill H.R. 2048, ing; (a) ESTABLISHMENT.—To carry out the pur- supra; which was ordered to lie on the table. Whereas the craft brewers of the United pose of this title, there is established in the SA 1449. Mr. MCCONNELL (for himself and States are frequently involved in local com- legislative branch a Commission on Privacy Mr. BURR) proposed an amendment to the munities through philanthropy, vol- Rights in the Digital Age (in this title re- bill H.R. 2048, supra. unteerism, and sponsorship opportunities, ferred to as the ‘‘Commission’’). SA 1450. Mr. MCCONNELL proposed an including parent-teacher associations, Jun- (b) COMPOSITION.—The Commission shall be amendment to amendment SA 1449 proposed ior Reserve Officers’ Training Corps composed of 12 members, as follows: by Mr. MCCONNELL (for himself and Mr. (JROTC), hospitals for children, chambers of (1) Four members appointed by the Presi- BURR) to the bill H.R. 2048, supra. commerce, humane societies, rescue squads, dent, of whom— SA 1451. Mr. MCCONNELL proposed an athletic teams, and disease research; (A) 2 shall be appointed from the executive amendment to amendment SA 1450 proposed Whereas the craft brewers of the United branch of the Government; and by Mr. MCCONNELL to the amendment SA States are fully vested in the future success, (B) 2 shall be appointed from private life. 1449 proposed by Mr. MCCONNELL (for himself health, welfare, and vitality of their commu- (2) Two members appointed by the major- and Mr. BURR) to the bill H .R. 2048, supra. nities as local employers who provide a di- ity leader of the Senate, of whom— SA 1452. Mr. MCCONNELL (for himself and verse array of quality local jobs that will not (A) 1 shall be a Member of the Senate; and Mr. BURR) proposed an amendment to the be outsourced, who contribute to the local (B) 1 shall be appointed from private life. bill H.R. 2048, supra. tax base; and who keep money in the United (3) Two members appointed by the minor- SA 1453. Mr. MCCONNELL proposed an States by reinvesting in their businesses; ity leader of the Senate, of whom— amendment to amendment SA 1452 proposed and (A) 1 shall be a Member of the Senate; and by Mr. MCCONNELL (for himself and Mr. Whereas increased Federal, State, and (B) 1 shall be appointed from private life. BURR) to the bill H.R. 2048, supra. local support of craft brewing is important (4) Two members appointed by the Speaker to fostering the continued growth of an in- f of the House of Representatives, of whom— dustry of the United States that creates (A) 1 shall be a Member of the House; and jobs, greatly benefits local economies, and TEXT OF AMENDMENTS ON MAY (B) 1 shall be appointed from private life. brings international accolades to small busi- 22, 2015 (5) Two members appointed by the minor- nesses in the United States: Now, therefore, SA 1440. Mr. SANDERS submitted an ity leader of the House of Representatives, of be it amendment intended to be proposed by whom— Resolved, That the United States Senate— (A) 1 shall be a Member of the House; and (1) appreciates the goals of American Craft him to the bill H.R. 2048, to reform the (B) 1 shall be appointed from private life. Beer Week, established by the Brewers Asso- authorities of the Federal Government (c) CHAIRPERSON.—The Commission shall ciation, which represents the small craft to require the production of certain elect a Chairperson and Vice-Chairperson brewers of the United States; business records, conduct electronic from among its members.

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(d) MEETINGS; QUORUM; VACANCIES.— able, may issue an order requiring such per- Chairperson and in accordance with rules (1) MEETINGS.—After its initial meeting, son to appear at any designated place to tes- agreed upon by the Commission, may ap- the Commission shall meet upon the call of tify or to produce documentary or other evi- point and fix the compensation of an execu- the Chairperson or a majority of its mem- dence. tive director and such other personnel as bers. (ii) CONTEMPT OF COURT.—Any failure to may be necessary to enable the Commission (2) QUORUM.—Seven members of the Com- obey the order of the court under clause (i) to carry out the functions of the Commis- mission shall constitute a quorum. may be punished by the court as a contempt sion, without regard to the provisions of (3) VACANCIES.—Any vacancy in the Com- of that court. title 5, United States Code, governing ap- mission shall not affect its powers but shall (3) WITNESS ALLOWANCES AND FEES.— pointments in the competitive service, and be filled in the same manner in which the (A) IN GENERAL.—Section 1821 of title 28, without regard to the provisions of chapter original appointment was made. United States Code, shall apply to witnesses 51 and subchapter III of chapter 53 of that (e) APPOINTMENT OF MEMBERS; INITIAL requested or subpoenaed to appear at any title relating to classification and General MEETING.— hearing of the Commission. Schedule pay rates, except that no rate of (1) APPOINTMENT OF MEMBERS.—Each mem- (B) SOURCE OF FUNDS.—The per diem and pay fixed under this paragraph may exceed ber of the Commission shall be appointed not mileage allowances for witnesses shall be the equivalent of that payable for a position later than 60 days after the date of enact- paid from funds available to pay the ex- at level V of the Executive Schedule under ment of this Act. penses of the Commission. section 5316 of title 5, United States Code. (2) INITIAL MEETING.—On or after the date (b) CONTRACTING.—The Commission may, (2) PERSONNEL AS FEDERAL EMPLOYEES.— on which all members of the Commission to such extent and in such amounts as are (A) IN GENERAL.—The executive director have been appointed, and not later than 60 provided in appropriations Acts, enter into and any personnel of the Commission who days after the date of enactment of this Act, contracts to enable the Commission to dis- are employees shall be employees under sec- the Commission shall hold its initial meet- charge its duties under this title. tion 2105 of title 5, United States Code, for ing. (c) INFORMATION FROM FEDERAL AGEN- purposes of chapters 63, 81, 83, 84, 85, 87, 89, SEC. 905. DUTIES OF THE COMMISSION. CIES.— 89A, 89B, and 90 of that title. The Commission shall— (1) IN GENERAL.—The Commission may se- (B) MEMBERS OF COMMISSION.—Subpara- (1) conduct an investigation of relevant cure directly from any Federal department graph (A) shall not be construed to apply to facts and circumstances relating to the ex- or agency such information as the Commis- members of the Commission. pansion of data collection practices in the sion considers necessary to carry out this (b) DETAILEES.—Any Federal Government public, private, and national security sec- Act. employee may be detailed to the Commission tors, including implications for— (2) FURNISHING OF INFORMATION.—If the without reimbursement from the Commis- (A) surveillance; Chairperson, the chairperson of any sub- sion, and such detailee shall retain the (B) political, civil, and commercial rights committee created by a majority of the rights, status, and privileges of his or her of individuals and corporate entities; Commission, or any member designated by a regular employment without interruption. (C) employment practices, including hiring majority of the Commission submits to a (c) CONSULTANT SERVICES.—The Commis- and firing; and Federal department or agency a request for sion may procure the services of experts and (D) credit availability and reporting; and information under paragraph (1), the head of consultants in accordance with section 3109 (2) submit to the President and Congress the department or agency shall, to the ex- of title 5, United States Code, but at rates reports containing findings, conclusions, and tent authorized by law, furnish the informa- not to exceed the daily rate paid a person oc- recommendations for corrective measures re- tion directly to the Commission. cupying a position at level IV of the Execu- lating to the facts and circumstances inves- (3) RECEIPT, HANDLING, STORAGE, AND DIS- tive Schedule under section 5315 of that title. SEMINATION tigated under paragraph (1), in accordance .—Information furnished under SEC. 909. COMPENSATION AND TRAVEL EX- with section 911. paragraph (2) shall only be received, handled, PENSES. stored, and disseminated by members of the SEC. 906. POWERS OF THE COMMISSION. (a) COMPENSATION.—Each member of the Commission and its staff consistent with all (a) IN GENERAL.— Commission who is not an officer or em- applicable statutes, regulations, and execu- (1) HEARINGS AND EVIDENCE.—The Commis- ployee of the Federal Government may be tive orders. sion or, at its direction, any subcommittee compensated at not to exceed the daily (d) ASSISTANCE FROM FEDERAL AGENCIES.— or member of the Commission, may, for the equivalent of the annual rate of basic pay in (1) GENERAL SERVICES ADMINISTRATION.— effect for a position at level IV of the Execu- purpose of carrying out this title— The Administrator of General Services shall tive Schedule under section 5315 of title 5, (A) hold such hearings, sit and act at such provide to the Commission on a reimburs- United States Code, for each day during times and places, take such testimony, re- able basis administrative support and other which that member is engaged in the actual ceive such evidence, and administer such services for the performance of the Commis- performance of the duties of the Commis- oaths as the Commission or such sub- sion’s functions. committee or member determines advisable; sion. (2) OTHER DEPARTMENTS AND AGENCIES.—In and (b) TRAVEL EXPENSES.—While away from addition to the assistance provided under their homes or regular places of business in (B) subject to paragraph (2)(A), require, by paragraph (1), departments and agencies of subpoena or otherwise, the attendance and the performance of services for the Commis- the United States may provide to the Com- sion, members of the Commission shall be al- testimony of such witnesses and the produc- mission such services, funds, facilities, staff, tion of such books, records, correspondence, lowed travel expenses, including per diem in and other support services as the depart- lieu of subsistence, in the same manner as memoranda, papers, documents, tapes, and ments and agencies may determine advisable materials as the Commission or such sub- persons employed intermittently in the Gov- and as authorized by law. ernment service are allowed expenses under committee or member determines advisable. (e) POSTAL SERVICES.—The Commission section 5703 of title 5, United States Code. (2) SUBPOENAS.— may use the United States mails in the same (A) ISSUANCE.— manner and under the same conditions as a SEC. 910. SECURITY CLEARANCES FOR COMMIS- (i) IN GENERAL.—A subpoena may be issued department or agency of the United States. SION MEMBERS AND STAFF. The appropriate departments or agencies under paragraph (1) only— SEC. 907. NONAPPLICABILITY OF FEDERAL ADVI- (I) by the agreement of the Chairperson SORY COMMITTEE ACT. of the Federal Government shall cooperate and the Vice Chairperson; or (a) IN GENERAL.—The Federal Advisory with the Commission in expeditiously pro- (II) by the affirmative vote of 8 members of Committee Act (5 U.S.C. App.) shall not viding to the members and staff of the Com- the Commission. apply to the Commission. mission appropriate security clearances to (ii) SIGNATURE.—Subject to clause (i), a (b) PUBLIC MEETINGS AND RELEASE OF PUB- the extent possible under applicable proce- subpoena issued under paragraph (1) may— LIC VERSIONS OF REPORTS.—The Commission dures and requirements, and no person shall (I) be issued under the signature of— shall— be provided with access to classified infor- (aa) the Chairperson; or (1) hold public hearings and meetings to mation under this title without the appro- (bb) a member designated by a majority of the extent appropriate; and priate security clearances. the Commission; and (2) release public versions of the reports re- SEC. 911. REPORTS OF COMMISSION; TERMI- (II) be served by— quired under subsections (a) and (b) of sec- NATION. (aa) any person designated by the Chair- tion 911. (a) INTERIM REPORTS.—The Commission person; or (c) PUBLIC HEARINGS.—Any public hearing shall submit to the President and Congress (bb) a member designated by a majority of of the Commission shall be conducted in a interim reports containing such findings, the Commission. manner consistent with the protection of in- conclusions, and recommendations for cor- (B) ENFORCEMENT.— formation provided to or developed for or by rective measures as have been agreed to by a (i) IN GENERAL.—In the case of contumacy the Commission as required by any applica- majority of Commission members. or failure to obey a subpoena issued under ble statute, regulation, or executive order. (b) FINAL REPORT.—Not later than 2 years paragraph (1), the United States district SEC. 908. STAFF OF COMMISSION. after the date of enactment of this Act, the court for the judicial district in which the (a) IN GENERAL.— Commission shall submit to the President subpoenaed person resides, is served, or may (1) APPOINTMENT AND COMPENSATION.—The and Congress a final report containing such be found, or where the subpoena is return- Chairperson, in consultation with the Vice findings, conclusions, and recommendations

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Mr. WYDEN) submitted an amendment VICES.—Section 405 (50 U.S.C. 1845) is amend- (c) CLASSIFIED INFORMATION.—Each report intended to be proposed by him to the ed by striking subsections (c) and (d) and in- submitted under subsection (a) or (b) shall be bill H.R. 2048, to reform the authorities serting the following: in unclassified form, but may include a clas- ‘‘(c)(1) Whenever the Government initiates sified annex. of the Federal Government to require a proceeding in or before any court, depart- (d) TERMINATION.— the production of certain business ment, officer, agency, regulatory body, or (1) IN GENERAL.—The Commission, and all records, conduct electronic surveil- other authority of the United States against the authorities under this title, shall termi- lance, use pen registers and trap and a person, the Government shall notify the nate 60 days after the date on which Com- trace devices, and use other forms of person and the court or authority of— mission submits the final report under sub- information gathering for foreign in- ‘‘(A) each title of this Act the Government section (b). telligence, counterterrorism, and relied on to obtain the communications of (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- criminal purposes, and for other pur- the person or information about the commu- MINATION.—The Commission may use the 60- poses; which was ordered to lie on the nications or activities of the person, which day period referred to in paragraph (1) for contributed in any manner to the investiga- the purpose of concluding its activities, in- table; as follows: tion of the person; and cluding providing testimony to committees At the appropriate place, insert the fol- ‘‘(B) each type of communication or infor- of Congress concerning its reports and dis- lowing: mation obtained under this Act, as described seminating the final report. SEC. lll. REQUIREMENT OF NOTICE TO DE- in the order or directive relied upon to ob- SEC. 912. FUNDING. FENDANTS. tain the communication or information. (a) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.— ‘‘(2) The Government shall provide the no- There are authorized to be appropriated such (1) ELECTRONIC SURVEILLANCE.—Section 106 tification required under paragraph (1) be- sums as are necessary to carry out this title. (50 U.S.C. 1806) is amended by striking sub- fore or within a reasonable time after the (b) DURATION OF AVAILABILITY.—Amounts sections (c) and (d) and inserting the fol- commencement of the proceeding. made available to the Commission under lowing: ‘‘(d) The notification requirement under subsection (a) shall remain available until ‘‘(c)(1) Whenever the Government initiates subsection (c) shall apply to any State or po- the termination of the Commission. a proceeding in or before any court, depart- litical subdivision thereof whenever the ment, officer, agency, regulatory body, or f State or political subdivision initiates a pro- other authority of the United States against ceeding in or before any court, department, TEXT OF AMENDMENTS a person, the Government shall notify the officer, agency, regulatory body, or other au- person and the court or authority of— SA 1441. Mr. PAUL (for himself and thority of the State or political subdivision ‘‘(A) each title of this Act the Government against a person, in the same manner such Mr. WYDEN) submitted an amendment relied on to obtain the communications of subsection applies to the Government in con- intended to be proposed by him to the the person or information about the commu- nection with a proceeding against a person.’’. bill H.R. 2048, to reform the authorities nications or activities of the person, which (b) TANGIBLE THINGS.—Section 501 (50 of the Federal Government to require contributed in any manner to the investiga- U.S.C. 1861), as amended by section 107 of the production of certain business tion of the person; and this Act, is amended by adding at the end records, conduct electronic surveil- ‘‘(B) each type of communication or infor- the following: lance, use pen registers and trap and mation obtained under this Act, as described ‘‘(l) SUPPRESSION OF EVIDENCE.— trace devices, and use other forms of in the order or directive relied upon to ob- ‘‘(1) MOTION TO SUPPRESS.— tain the communication or information. ‘‘(A) IN GENERAL.—Any person against information gathering for foreign in- ‘‘(2) The Government shall provide the no- whom evidence obtained or derived from the telligence, counterterrorism, and tification required under paragraph (1) be- production of tangible things under this title criminal purposes, and for other pur- fore or within a reasonable time after the is to be, or has been, introduced or otherwise poses; which was ordered to lie on the commencement of the proceeding. used or disclosed in any trial, hearing, or table; as follows: ‘‘(d) The notification requirement under other proceeding in or before any court, de- subsection (c) shall apply to any State or po- On page 4, strike line 20 and all that fol- partment, officer, agency, regulatory body, litical subdivision thereof whenever the or other authority of the United States, a lows through page 5, line 4, and insert the State or political subdivision initiates a pro- following: State, or a political subdivision thereof, may ceeding in or before any court, department, move to suppress the evidence obtained or protect against international terrorism, a officer, agency, regulatory body, or other au- derived from the production of the commu- statement of facts showing that there is thority of the State or political subdivision nications of the person or information about probable cause to believe that— against a person, in the same manner such the communications or activities of the per- ‘‘(i) the call detail records sought to be subsection applies to the Government in con- son on the grounds that— produced based on the specific selection term nection with a proceeding against a person.’’. ‘‘(i) the information was unlawfully ac- required under subparagraph (A) are relevant (2) PHYSICAL SEARCHES.—Section 305 (50 quired; or to such investigation; and U.S.C. 1825) is amended by striking sub- ‘‘(ii) the production was not made in ac- ‘‘(ii) such specific selection term sections (d) and (e) and inserting the fol- cordance with an order of authorization or lowing: SA 1442. Mr. PAUL submitted an ‘‘(d)(1) Whenever the Government initiates approval. amendment intended to be proposed by a proceeding in or before any court, depart- ‘‘(B) TIMING.—A motion described in sub- paragraph (A) shall be made before the trial, him to the bill H.R. 2048, to reform the ment, officer, agency, regulatory body, or other authority of the United States against hearing, or other proceeding commences, un- authorities of the Federal Government less there was no opportunity to make such to require the production of certain a person, the Government shall notify the person and the court or authority of— a motion or the person was not aware of the business records, conduct electronic ‘‘(A) each title of this Act the Government grounds of the motion. surveillance, use pen registers and trap relied on to obtain the communications of ‘‘(2) IN CAMERA AND EX PARTE REVIEW BY and trace devices, and use other forms the person or information about the commu- COURT.— of information gathering for foreign in- nications or activities of the person, which ‘‘(A) DEFINITION.—In this paragraph, the telligence, counterterrorism, and contributed in any manner to the investiga- term ‘covered circumstance’ means— ‘‘(i) that— criminal purposes, and for other pur- tion of the person; and ‘‘(B) each type of communication or infor- ‘‘(I) a court or authority receives a notice poses; which was ordered to lie on the under subsection (c) or (d) of section 106, sub- table; as follows: mation obtained under this Act, as described in the order or directive relied upon to ob- section (d) or (e) of section 305, or subsection On page 29, line 6, strike the quotation tain the communication or information. (c) or (d) of section 405 that relates to the marks and the second period and insert the ‘‘(2) The Government shall provide the no- production of tangible things under this following: tification required under paragraph (1) be- title; ‘‘(iii) LIMITATION TO ACTS OF TERRORISM fore or within a reasonable time after the ‘‘(II) a motion is made under paragraph (1) AND ESPIONAGE.—Notwithstanding clauses (i) commencement of the proceeding. of this subsection; or and (ii), no information obtained or evidence ‘‘(e) The notification requirement under ‘‘(III) a motion or request is made by a per- derived from a part of certification or proce- subsection (d) shall apply to any State or po- son under any other statute or rule of the dure relating to which the Court orders a litical subdivision thereof whenever the United States or any State before a court or correction of a deficiency under subpara- State or political subdivision initiates a pro- authority of the United States or any State graph (B) shall be disclosed in a criminal ceeding in or before any court, department, to— case by the Government unless the defendant officer, agency, regulatory body, or other au- ‘‘(aa) discover or obtain applications or or- is charged with an act of espionage under thority of the State or political subdivision ders or other materials relating to the pro- chapter 37 of title 18, United States Code, or against a person, in the same manner such duction of tangible things under this title; or an act of terrorism (as defined under section subsection applies to the Government in con- ‘‘(bb) discover, obtain, or suppress evidence 3077 of title 18, United States Code).’’. nection with a proceeding against a person.’’. or information obtained or derived from the

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Mr. PAUL submitted an the motion is made before another author- amendment intended to be proposed by poses; which was ordered to lie on the ity, the district court of the United States in table; as follows: the same judicial district as the authority, him to the bill H.R. 2048, to reform the shall review in camera and ex parte the ap- authorities of the Federal Government At the appropriate place, insert the fol- plication, order, and such other materials re- to require the production of certain lowing: lating to the production of tangible things business records, conduct electronic SEC. lll. FOURTH AMENDMENT PRESERVA- under this title as may be necessary to de- surveillance, use pen registers and trap TION AND PROTECTION. termine whether the production was lawfully and trace devices, and use other forms (a) SHORT TITLE.—This section may be cited as the ‘‘Fourth Amendment Preserva- authorized and conducted. of information gathering for foreign in- ‘‘(C) DISCLOSURE.—In making a determina- tion and Protection Act of 2015’’. tion under subparagraph (B), the court may telligence, counterterrorism, and (b) FINDINGS.—Congress finds that the disclose to the applicable person, under ap- criminal purposes, and for other pur- right under the Fourth Amendment to the propriate security procedures and protective poses; which was ordered to lie on the Constitution of the United States of the peo- orders, portions of the application, order, or table; as follows: ple to be secure in their persons, houses, pa- other materials relating to the production At the appropriate place, insert the fol- pers, and effects against unreasonable only if such disclosure would aid the court in lowing: searches and seizures is violated when the making an accurate determination of the le- SEC. ll. COURT APPROVAL FOR NATIONAL SE- Federal Government or a State or local gov- gality of the surveillance. CURITY LETTERS. ernment acquires information voluntarily ‘‘(3) SUPPRESSION OF EVIDENCE; DENIAL OF (a) IN GENERAL.—Section 2709(b) of title 18, relinquished by a person to another party for MOTION.—If a district court of the United United States Code, is amended— a limited business purpose without the ex- States determines under paragraph (2) that (1) in the subsection heading, by striking press informed consent of the person to the the production of tangible things under this ‘‘REQUIRED CERTIFICATION’’ and inserting specific request by the Federal Government title was not lawfully authorized or con- ‘‘REQUEST UPON AUTHORIZATION BY COURT’’; or a State or local government or a warrant, ducted, the court shall, in accordance with and upon probable cause, supported by oath or the requirements of law, suppress the evi- (2) in the matter preceding paragraph (1), affirmation, and particularly describing the dence which was unlawfully obtained or de- by striking ‘‘The Director’’ and inserting ‘‘If place to be searched, and the persons or rived from the production or otherwise grant authorized by an order of a Federal court things to be seized. the motion of the movant. If the court deter- (other than the court established under sec- (c) DEFINITION.—In this section, the term mines that the production was lawfully au- tion 103(a) of the Foreign Intelligence Sur- ‘‘system of records’’ means any group of thorized and conducted, it shall deny the mo- veillance Act of 1978 (50 U.S.C. 1803(a))), the records from which information is retrieved tion of the movant except to the extent that Director’’. by the name of the individual or by some due process requires discovery or disclosure. (b) RIGHT TO FINANCIAL PRIVACY ACT OF identifying number, symbol, or other identi- ‘‘(4) FINALITY OF ORDERS.—An order grant- 1978.—Section 1114(a)(5)(A) of the Right to fying particular associated with the indi- ing a motion or request under paragraph (3), Financial Privacy Act of 1978 (12 U.S.C. vidual. a determination under this subsection that 3414(a)(5)(A)) is amended by adding at the (d) PROHIBITION.— the production of tangible things under this end the following: ‘‘A certification may only (1) IN GENERAL.—Except as provided in title was not lawfully authorized or con- be made under this subparagraph if author- paragraph (2), the Federal Government and a ducted, and an order of a district court of the ized by an order of a Federal court (other State or local government may not obtain or United States requiring review or granting than the court established under section seek to obtain information relating to an in- disclosure of an application, order, or other 103(a) of the Foreign Intelligence Surveil- dividual or group of individuals held by a material relating to the production of tan- lance Act of 1978 (50 U.S.C. 1803(a))).’’. third party in a system of records, and no gible things under this title shall be a final (c) FAIR CREDIT REPORTING ACT.—The Fair such information shall be admissible in a order and binding upon all courts of the Credit Reporting Act (15 U.S.C. 1681 et seq.) criminal prosecution in a court of law. United States and the several States, except is amended— (2) EXCEPTION.—The Federal Government a United States court of appeals and the Su- (1) in section 626 (15 U.S.C. 1681u)— or a State or local government may obtain, preme Court of the United States. (A) in subsection (a), in the second sen- and a court may admit, information relating ‘‘(5) DESTRUCTION OF UNLAWFULLY OBTAINED tence, by inserting ‘‘if authorized by an to an individual held by a third party in a EVIDENCE.—If a district court of the United order of a Federal court (other than the system of records if— States determines under paragraph (2) that court established under section 103(a) of the (A) the individual whose name or identi- the production of tangible things under this Foreign Intelligence Surveillance Act of 1978 fication information the Federal Govern- title was not lawfully authorized or con- (50 U.S.C. 1803(a))) and’’ after ‘‘The Director ment or State or local government is using ducted, the determination is a final order or the Director’s designee may make such a to access the information provides express under paragraph (4), and the district court certification only’’; and and informed consent to the search; or finds there is no reason to believe that de- (B) in subsection (b), in the second sen- (B) the Federal Government or State or struction may endanger the national secu- tence, by inserting ‘‘if authorized by an local government obtains a warrant, upon rity of the United States, interfere with a order of a Federal court (other than the probable cause, supported by oath or affir- criminal, counterterrorism, or counterintel- court established under section 103(a) of the mation, and particularly describing the ligence investigation, interfere with diplo- Foreign Intelligence Surveillance Act of 1978 place to be searched, and the persons or matic relations, or endanger the life or phys- (50 U.S.C. 1803(a))) and’’ after ‘‘The Director things to be seized. ical safety of any person, the Government or the Director’s designee may make such a shall destroy all copies of the tangible things certification only’’; and SA 1447. Mr. PAUL (for himself and produced under this title in the possession of (2) in section 627(b) (15 U.S.C. 1681v(b))— Mr. WYDEN) submitted an amendment the Government by not later than 30 days (A) in the subsection heading, by striking intended to be proposed by him to the after the date of issuance of the final court ‘‘FORM OF’’ and inserting ‘‘REQUIREMENTS order.’’. FOR’’; and bill H.R. 2048, to reform the authorities (B) by striking ‘‘described in subsection (a) of the Federal Government to require SA 1444. Mr. PAUL (for himself and shall be signed’’ and inserting the following: the production of certain business Mr. WYDEN) submitted an amendment ‘‘described in subsection (a)— records, conduct electronic surveil- intended to be proposed by him to the ‘‘(1) may only be made if authorized by an lance, use pen registers and trap and bill H.R. 2048, to reform the authorities order of a Federal court (other than the trace devices, and use other forms of of the Federal Government to require court established under section 103(a) of the information gathering for foreign in- Foreign Intelligence Surveillance Act of 1978 telligence, counterterrorism, and the production of certain business (50 U.S.C. 1803(a))); and records, conduct electronic surveil- ‘‘(2) shall be signed’’. criminal purposes, and for other pur- lance, use pen registers and trap and poses; which was ordered to lie on the trace devices, and use other forms of SA 1446. Mr. PAUL submitted an table; as follows: information gathering for foreign in- amendment intended to be proposed by At the appropriate place, insert the fol- telligence, counterterrorism, and him to the bill H.R. 2048, to reform the lowing:

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.010 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3346 CONGRESSIONAL RECORD — SENATE May 31, 2015 SEC. lll. CLARIFICATION ON PROHIBITION ON SA 1449. Mr. MCCONNELL (for him- 702. Preservation of treatment of non-United SEARCHING OF COLLECTIONS OF self and Mr. BURR) proposed an amend- States persons traveling out- COMMUNICATIONS TO CONDUCT ment to the bill H.R. 2048, to reform side the United States as agents WARRANTLESS SEARCHES FOR THE of foreign powers. COMMUNICATIONS OF UNITED the authorities of the Federal Govern- 703. Improvement to investigations of inter- STATES PERSONS. ment to require the production of cer- Section 702(b) of the Foreign Intelligence national proliferation of weap- tain business records, conduct elec- ons of mass destruction. Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is tronic surveillance, use pen registers amended— 704. Increase in penalties for material sup- (1) by redesignating paragraphs (1) through and trap and trace devices, and use port of foreign terrorist organi- (5) as subparagraphs (A) through (E), respec- other forms of information gathering zations. 705. Sunsets. tively, and indenting such subparagraphs, as for foreign intelligence, counterter- so redesignated, an additional two ems from rorism, and criminal purposes, and for TITLE VIII—SAFETY OF MARITIME NAVI- the left margin; other purposes; as follows: GATION AND NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION (2) by striking ‘‘An acquisition’’ and in- Strike all after the enacting clause and in- serting the following: sert the following: Subtitle A—Safety of Maritime Navigation ‘‘(1) IN GENERAL.—An acquisition’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 801. Amendment to section 2280 of title 18, (3) by adding at the end the following: (a) SHORT TITLE.—This Act may be cited as United States Code. ‘‘(2) CLARIFICATION ON PROHIBITION ON the ‘‘Uniting and Strengthening America by 802. New section 2280a of title 18, United SEARCHING OF COLLECTIONS OF COMMUNICA- Fulfilling Rights and Ensuring Effective Dis- States Code. TIONS OF UNITED STATES PERSONS.— cipline Over Monitoring Act of 2015’’ or the 803. Amendments to section 2281 of title 18, ‘‘(A) IN GENERAL.—Except as provided in ‘‘USA FREEDOM Act of 2015’’. United States Code. subparagraph (B), no officer or employee of (b) TABLE OF CONTENTS.—The table of con- 804. New section 2281a of title 18, United the United States may conduct a search of a tents for this Act is as follows: States Code. collection of communications acquired under 805. Ancillary measure. 1. Short title; table of contents. this section in an effort to find communica- Subtitle B—Prevention of Nuclear Terrorism tions of a particular United States person 2. Amendments to the Foreign Intelligence (other than a corporation). Surveillance Act of 1978. 811. New section 2332i of title 18, United States Code. ‘‘(B) CONCURRENT AUTHORIZATION AND EX- TITLE I—FISA BUSINESS RECORDS 812. Amendment to section 831 of title 18, CEPTION FOR EMERGENCY SITUATIONS.—Sub- REFORMS United States Code. paragraph (A) shall not apply to a search for 101. Additional requirements for call detail communications related to a particular records. SEC. 2. AMENDMENTS TO THE FOREIGN INTEL- United States person if— 102. Emergency authority. LIGENCE SURVEILLANCE ACT OF 1978. ‘‘(i) such United States person is the sub- 103. Prohibition on bulk collection of tan- Except as otherwise expressly provided, ject of an order or emergency authorization gible things. whenever in this Act an amendment or re- authorizing electronic surveillance or phys- 104. Judicial review. peal is expressed in terms of an amendment ical search under section 105, 304, 703, 704, or 105. Liability protection. to, or a repeal of, a section or other provi- 705 of this Act, or under title 18, United 106. Compensation for assistance. sion, the reference shall be considered to be States Code, for the effective period of that 107. Notice to the Attorney General on made to a section or other provision of the order; changes in retention of call de- Foreign Intelligence Surveillance Act of 1978 ‘‘(ii) the entity carrying out the search has tail records. (50 U.S.C. 1801 et seq.). a reasonable belief that the life or safety of 108. Definitions. such United States person is threatened and 109. Inspector General reports on business TITLE I—FISA BUSINESS RECORDS the information is sought for the purpose of records orders. REFORMS assisting that person; or 110. Effective date. SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL ‘‘(iii) such United States person has con- 111. Rule of construction. DETAIL RECORDS. sented to the search.’’. TITLE II—FISA PEN REGISTER AND (a) APPLICATION.—Section 501(b)(2) (50 TRAP AND TRACE DEVICE REFORM U.S.C. 1861(b)(2)) is amended— SA 1448. Mr. PAUL (for himself and 201. Prohibition on bulk collection. (1) in subparagraph (A)— Mr. WYDEN) submitted an amendment 202. Privacy procedures. (A) in the matter preceding clause (i), by intended to be proposed by him to the TITLE III—FISA ACQUISITIONS TAR- striking ‘‘a statement’’ and inserting ‘‘in the bill H.R. 2048, to reform the authorities GETING PERSONS OUTSIDE THE case of an application other than an applica- UNITED STATES REFORMS tion described in subparagraph (C) (including of the Federal Government to require an application for the production of call de- 301. Limits on use of unlawfully obtained in- the production of certain business tail records other than in the manner de- formation. records, conduct electronic surveil- scribed in subparagraph (C)), a statement’’; lance, use pen registers and trap and TITLE IV—FOREIGN INTELLIGENCE and trace devices, and use other forms of SURVEILLANCE COURT REFORMS (B) in clause (iii), by striking ‘‘; and’’ and information gathering for foreign in- 401. Appointment of amicus curiae. inserting a semicolon; telligence, counterterrorism, and 402. Declassification of decisions, orders, and (2) by redesignating subparagraphs (A) and criminal purposes, and for other pur- opinions. (B) as subparagraphs (B) and (D), respec- tively; and poses; which was ordered to lie on the TITLE V—NATIONAL SECURITY LETTER REFORM (3) by inserting after subparagraph (B) (as table; as follows: 501. Prohibition on bulk collection. so redesignated) the following new subpara- At the appropriate place, insert the fol- 502. Limitations on disclosure of national se- graph: lowing: curity letters. ‘‘(C) in the case of an application for the SEC. ll. PROHIBITION ON DATA SECURITY VUL- 503. Judicial review. production on an ongoing basis of call detail NERABILITY MANDATES. records created before, on, or after the date TITLE VI—FISA TRANSPARENCY AND (a) IN GENERAL.—Except as provided in of the application relating to an authorized REPORTING REQUIREMENTS subsection (b), no agency may mandate that investigation (other than a threat assess- a manufacturer, developer, or seller of cov- 601. Additional reporting on orders requiring ment) conducted in accordance with sub- ered products design or alter the security production of business records; section (a)(2) to protect against inter- functions in its product or service to allow business records compliance re- national terrorism, a statement of facts the surveillance of any user of such product ports to Congress. showing that— or service, or to allow the physical search of 602. Annual reports by the Government. ‘‘(i) there are reasonable grounds to believe such product, by any agency. 603. Public reporting by persons subject to that the call detail records sought to be pro- (b) EXCEPTION.—Subsection (a) shall not FISA orders. duced based on the specific selection term apply to mandates authorized under the 604. Reporting requirements for decisions, or- required under subparagraph (A) are relevant Communications Assistance for Law En- ders, and opinions of the For- to such investigation; and forcement Act (47 U.S.C. 1001 et seq.). eign Intelligence Surveillance ‘‘(ii) there is a reasonable, articulable sus- Court and the Foreign Intel- (c) DEFINITIONS.—In this section— picion that such specific selection term is as- (1) the term ‘‘agency’’ has the meaning ligence Surveillance Court of sociated with a foreign power engaged in given the term in section 3502 of title 44, Review. international terrorism or activities in prep- 605. Submission of reports under FISA. United States Code; and aration therefor, or an agent of a foreign (2) the term ‘‘covered product’’ means any TITLE VII—ENHANCED NATIONAL power engaged in international terrorism or computer hardware, computer software, or SECURITY PROVISIONS activities in preparation therefor; and’’. electronic device that is made available to 701. Emergencies involving non-United (b) ORDER.—Section 501(c)(2) (50 U.S.C. the general public. States persons. 1861(c)(2)) is amended—

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(2) in subparagraph (E), by striking the pe- under this subsection, the production shall (2) RULE OF CONSTRUCTION.—Section 501(g) riod and inserting ‘‘; and’’; and terminate when the information sought is (50 U.S.C. 1861(g)) is amended by adding at (3) by adding at the end the following new obtained, when the application for the order the end the following new paragraph: subparagraph: is denied, or after the expiration of 7 days ‘‘(3) RULE OF CONSTRUCTION.—Nothing in ‘‘(F) in the case of an application described from the time the Attorney General begins this subsection shall limit the authority of in subsection (b)(2)(C), shall— requiring the emergency production of such the court established under section 103(a) to ‘‘(i) authorize the production on a daily tangible things, whichever is earliest. impose additional, particularized minimiza- basis of call detail records for a period not to ‘‘(4) A denial of the application made under tion procedures with regard to the produc- exceed 180 days; this subsection may be reviewed as provided tion, retention, or dissemination of nonpub- ‘‘(ii) provide that an order for such produc- in section 103. licly available information concerning tion may be extended upon application under ‘‘(5) If such application for approval is de- unconsenting United States persons, includ- subsection (b) and the judicial finding under nied, or in any other case where the produc- ing additional, particularized procedures re- paragraph (1) of this subsection; tion of tangible things is terminated and no lated to the destruction of information with- ‘‘(iii) provide that the Government may re- order is issued approving the production, no in a reasonable time period.’’. quire the prompt production of a first set of information obtained or evidence derived (3) TECHNICAL AND CONFORMING AMEND- call detail records using the specific selec- from such production shall be received in MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) tion term that satisfies the standard re- evidence or otherwise disclosed in any trial, is amended— quired under subsection (b)(2)(C)(ii); hearing, or other proceeding in or before any (A) by striking ‘‘Not later than 180 days ‘‘(iv) provide that the Government may re- court, grand jury, department, office, agen- after the date of the enactment of the USA quire the prompt production of a second set cy, regulatory body, legislative committee, PATRIOT Improvement and Reauthorization of call detail records using session-identi- or other authority of the United States, a Act of 2005, the’’ and inserting ‘‘The’’; and fying information or a telephone calling card State, or a political subdivision thereof, and (B) by inserting after ‘‘adopt’’ the fol- number identified by the specific selection no information concerning any United lowing: ‘‘, and update as appropriate,’’. term used to produce call detail records States person acquired from such production (b) ORDERS.—Section 501(f)(2) (50 U.S.C. under clause (iii); shall subsequently be used or disclosed in 1861(f)(2)) is amended— ‘‘(v) provide that, when produced, such any other manner by Federal officers or em- (1) in subparagraph (A)(i)— records be in a form that will be useful to ployees without the consent of such person, (A) by striking ‘‘that order’’ and inserting the Government; except with the approval of the Attorney ‘‘the production order or any nondisclosure ‘‘(vi) direct each person the Government General if the information indicates a threat order imposed in connection with the pro- directs to produce call detail records under of death or serious bodily harm to any per- duction order’’; and the order to furnish the Government forth- son. (B) by striking the second sentence; and with all information, facilities, or technical ‘‘(6) The Attorney General shall assess (2) in subparagraph (C)— assistance necessary to accomplish the pro- compliance with the requirements of para- (A) by striking clause (ii); and duction in such a manner as will protect the graph (5).’’. (B) by redesignating clause (iii) as clause secrecy of the production and produce a min- (b) CONFORMING AMENDMENT.—Section (ii). imum of interference with the services that 501(d) (50 U.S.C. 1861(d)) is amended— such person is providing to each subject of SEC. 105. LIABILITY PROTECTION. (1) in paragraph (1)— the production; and Section 501(e) (50 U.S.C. 1861(e)) is amended (A) in the matter preceding subparagraph ‘‘(vii) direct the Government to— to read as follows: (A), by striking ‘‘pursuant to an order’’ and ‘‘(I) adopt minimization procedures that ‘‘(e)(1) No cause of action shall lie in any inserting ‘‘pursuant to an order issued or an require the prompt destruction of all call de- court against a person who— emergency production required’’; tail records produced under the order that ‘‘(A) produces tangible things or provides (B) in subparagraph (A), by striking ‘‘such the Government determines are not foreign information, facilities, or technical assist- order’’ and inserting ‘‘such order or such intelligence information; and ance in accordance with an order issued or emergency production’’; and ‘‘(II) destroy all call detail records pro- an emergency production required under this (C) in subparagraph (B), by striking ‘‘the duced under the order as prescribed by such section; or procedures.’’. order’’ and inserting ‘‘the order or the emer- ‘‘(B) otherwise provides technical assist- gency production’’; and SEC. 102. EMERGENCY AUTHORITY. ance to the Government under this section (2) in paragraph (2)— (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) or to implement the amendments made to (A) in subparagraph (A), by striking ‘‘an is amended by adding at the end the fol- this section by the USA FREEDOM Act of lowing new subsection: order’’ and inserting ‘‘an order or emergency 2015. ‘‘(i) EMERGENCY AUTHORITY FOR PRODUC- production’’; and ‘‘(2) A production or provision of informa- TION OF TANGIBLE THINGS.— (B) in subparagraph (B), by striking ‘‘an tion, facilities, or technical assistance de- ‘‘(1) Notwithstanding any other provision order’’ and inserting ‘‘an order or emergency scribed in paragraph (1) shall not be deemed of this section, the Attorney General may re- production’’. to constitute a waiver of any privilege in any quire the emergency production of tangible SEC. 103. PROHIBITION ON BULK COLLECTION other proceeding or context.’’. things if the Attorney General— OF TANGIBLE THINGS. SEC. 106. COMPENSATION FOR ASSISTANCE. ‘‘(A) reasonably determines that an emer- (a) APPLICATION.—Section 501(b)(2) (50 Section 501 (50 U.S.C. 1861), as amended by gency situation requires the production of U.S.C. 1861(b)(2)), as amended by section section 102 of this Act, is further amended by tangible things before an order authorizing 101(a) of this Act, is further amended by in- adding at the end the following new sub- such production can with due diligence be serting before subparagraph (B), as redesig- section: obtained; nated by such section 101(a) of this Act, the ‘‘(j) COMPENSATION.—The Government shall ‘‘(B) reasonably determines that the fac- following new subparagraph: compensate a person for reasonable expenses tual basis for the issuance of an order under ‘‘(A) a specific selection term to be used as incurred for— this section to approve such production of the basis for the production of the tangible ‘‘(1) producing tangible things or providing tangible things exists; things sought;’’. information, facilities, or assistance in ac- ‘‘(C) informs, either personally or through (b) ORDER.—Section 501(c) (50 U.S.C. cordance with an order issued with respect a designee, a judge having jurisdiction under 1861(c)) is amended— to an application described in subsection this section at the time the Attorney Gen- (1) in paragraph (2)(A), by striking the (b)(2)(C) or an emergency production under eral requires the emergency production of semicolon and inserting ‘‘, including each subsection (i) that, to comply with sub- tangible things that the decision has been specific selection term to be used as the section (i)(1)(D), requires an application de- made to employ the authority under this basis for the production;’’; and scribed in subsection (b)(2)(C); or subsection; and (2) by adding at the end the following new ‘‘(2) otherwise providing technical assist- ‘‘(D) makes an application in accordance paragraph: ance to the Government under this section with this section to a judge having jurisdic- ‘‘(3) No order issued under this subsection or to implement the amendments made to tion under this section as soon as prac- may authorize the collection of tangible this section by the USA FREEDOM Act of ticable, but not later than 7 days after the things without the use of a specific selection 2015.’’. term that meets the requirements of sub- Attorney General requires the emergency SEC. 107. NOTICE TO THE ATTORNEY GENERAL production of tangible things under this sub- section (b)(2).’’. ON CHANGES IN RETENTION OF section. SEC. 104. JUDICIAL REVIEW. CALL DETAIL RECORDS. ‘‘(2) If the Attorney General requires the (a) MINIMIZATION PROCEDURES.— Section 501 (50 U.S.C. 1861), as amended by emergency production of tangible things (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 section 106 of this Act, is amended by adding under paragraph (1), the Attorney General U.S.C. 1861(c)(1)) is amended by inserting at the end the following new subsection: shall require that the minimization proce- after ‘‘subsections (a) and (b)’’ the following: ‘‘(k) PROSPECTIVE CHANGES TO EXISTING dures required by this section for the ‘‘and that the minimization procedures sub- PRACTICES RELATED TO CALL DETAIL issuance of a judicial order be followed. mitted in accordance with subsection RECORDS.—

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‘‘(1) IN GENERAL.—Consistent with sub- ‘‘(B) CALL DETAIL RECORD APPLICATIONS.— a report containing the results of the assess- section (c)(2)(F), an electronic communica- For purposes of an application submitted ment for calendar years 2012 through 2014.’’; tion service provider that has been issued an under subsection (b)(2)(C), the term ‘specific (5) in subsection (e), as redesignated by order to produce call detail records pursuant selection term’ means a term that specifi- paragraph (3)— to an order under subsection (c) shall notify cally identifies an individual, account, or (A) in paragraph (1)— the Attorney General if that service provider personal device.’’. (i) by striking ‘‘a report under subsection intends to retain its call detail records for a SEC. 109. INSPECTOR GENERAL REPORTS ON (c)(1) or (c)(2)’’ and inserting ‘‘any report period less than 18 months. BUSINESS RECORDS ORDERS. under subsection (c) or (d)’’; and ‘‘(2) TIMING OF NOTICE.—A notification Section 106A of the USA PATRIOT Im- (ii) by striking ‘‘Inspector General of the under paragraph (1) shall be made not less provement and Reauthorization Act of 2005 Department of Justice’’ and inserting ‘‘In- than 180 days prior to the date such elec- (Public Law 109–177; 120 Stat. 200) is amend- spector General of the Department of Jus- tronic communications service provider in- ed— tice, the Inspector General of the Intel- tends to implement a policy to retain such (1) in subsection (b)— ligence Community, and any Inspector Gen- records for a period less than 18 months.’’. (A) in paragraph (1), by inserting ‘‘and cal- eral of an element of the intelligence com- SEC. 108. DEFINITIONS. endar years 2012 through 2014’’ after ‘‘2006’’; munity that prepares a report to assist the Section 501 (50 U.S.C. 1861), as amended by (B) by striking paragraphs (2) and (3); Inspector General of the Department of Jus- section 107 of this Act, is further amended by (C) by redesignating paragraphs (4) and (5) tice or the Inspector General of the Intel- adding at the end the following new sub- as paragraphs (2) and (3), respectively; and ligence Community in complying with the section: (D) in paragraph (3) (as so redesignated)— requirements of this section’’; and ‘‘(l) DEFINITIONS.—In this section: (i) by striking subparagraph (C) and insert- (B) in paragraph (2), by striking ‘‘the re- ‘‘(1) IN GENERAL.—The terms ‘foreign ing the following new subparagraph: ports submitted under subsections (c)(1) and power’, ‘agent of a foreign power’, ‘inter- ‘‘(C) with respect to calendar years 2012 (c)(2)’’ and inserting ‘‘any report submitted national terrorism’, ‘foreign intelligence in- through 2014, an examination of the mini- under subsection (c) or (d)’’; formation’, ‘Attorney General’, ‘United mization procedures used in relation to or- (6) in subsection (f), as redesignated by States person’, ‘United States’, ‘person’, and ders under section 501 of the Foreign Intel- paragraph (3)— ‘State’ have the meanings provided those ligence Surveillance Act of 1978 (50 U.S.C. (A) by striking ‘‘The reports submitted terms in section 101. 1861) and whether the minimization proce- under subsections (c)(1) and (c)(2)’’ and in- ‘‘(2) ADDRESS.—The term ‘address’ means a dures adequately protect the constitutional serting ‘‘Each report submitted under sub- physical address or electronic address, such rights of United States persons;’’; and section (c)’’; and as an electronic mail address or temporarily (ii) in subparagraph (D), by striking ‘‘(as (B) by striking ‘‘subsection (d)(2)’’ and in- assigned network address (including an such term is defined in section 3(4) of the Na- serting ‘‘subsection (e)(2)’’; and Internet protocol address). tional Security Act of 1947 (50 U.S.C. (7) by adding at the end the following new ‘‘(3) CALL DETAIL RECORD.—The term ‘call 401a(4)))’’; subsection: detail record’— (2) in subsection (c), by adding at the end ‘‘(g) DEFINITIONS.—In this section: ‘‘(A) means session-identifying informa- the following new paragraph: ‘‘(1) INTELLIGENCE COMMUNITY.—The term tion (including an originating or terminating ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— ‘intelligence community’ has the meaning telephone number, an International Mobile Not later than 1 year after the date of enact- given that term in section 3 of the National Subscriber Identity number, or an Inter- ment of the USA FREEDOM Act of 2015, the Security Act of 1947 (50 U.S.C. 3003). national Mobile Station Equipment Identity Inspector General of the Department of Jus- ‘‘(2) UNITED STATES PERSON.—The term number), a telephone calling card number, or tice shall submit to the Committee on the ‘United States person’ has the meaning given the time or duration of a call; and Judiciary and the Select Committee on In- that term in section 101 of the Foreign Intel- ‘‘(B) does not include— telligence of the Senate and the Committee ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(i) the contents (as defined in section on the Judiciary and the Permanent Select 1801).’’. 2510(8) of title 18, United States Code) of any Committee on Intelligence of the House of SEC. 110. EFFECTIVE DATE. communication; Representatives a report containing the re- (a) IN GENERAL.—The amendments made by ‘‘(ii) the name, address, or financial infor- sults of the audit conducted under sub- sections 101 through 103 shall take effect on mation of a subscriber or customer; or section (a) for calendar years 2012 through the date that is 180 days after the date of the ‘‘(iii) cell site location or global posi- 2014.’’; enactment of this Act. tioning system information. (3) by redesignating subsections (d) and (e) (b) REVIEW AND CERTIFICATION.—The Direc- ‘‘(4) SPECIFIC SELECTION TERM.— as subsections (e) and (f), respectively; tor of National Intelligence shall— ‘‘(A) TANGIBLE THINGS.— (4) by inserting after subsection (c) the fol- (1) review the implementation of the tran- ‘‘(i) IN GENERAL.—Except as provided in lowing new subsection: sition from the existing procedures for the subparagraph (B), a ‘specific selection ‘‘(d) INTELLIGENCE ASSESSMENT.— production of call detail records under title term’— ‘‘(1) IN GENERAL.—For the period beginning V of the Foreign Intelligence Surveillance ‘‘(I) is a term that specifically identifies a on January 1, 2012, and ending on December Act of 1978 (50 U.S.C. 1801 et seq.), as in effect person, account, address, or personal device, 31, 2014, the Inspector General of the Intel- prior to the effective date for the amend- or any other specific identifier; and ligence Community shall assess— ments made by sections 101 through 103 of ‘‘(II) is used to limit, to the greatest extent ‘‘(A) the importance of the information ac- this Act, to the new procedures pursuant to reasonably practicable, the scope of tangible quired under title V of the Foreign Intel- the amendments made by sections 101 things sought consistent with the purpose ligence Surveillance Act of 1978 (50 U.S.C. through 103 of this Act; and for seeking the tangible things. 1861 et seq.) to the activities of the intel- (2) not later than 30 days before the effec- ‘‘(ii) LIMITATION.—A specific selection term ligence community; tive date specified in subsection (a), certify under clause (i) does not include an identi- ‘‘(B) the manner in which that information to Congress in writing that— fier that does not limit, to the greatest ex- was collected, retained, analyzed, and dis- (A) the implementation of the transition tent reasonably practicable, the scope of tan- seminated by the intelligence community; described in paragraph (1) is operationally gible things sought consistent with the pur- ‘‘(C) the minimization procedures used by effective to allow the timely retrieval of for- pose for seeking the tangible things, such as elements of the intelligence community eign intelligence information from recipients an identifier that— under such title and whether the minimiza- of an order issued under section 501(c)(2)(F) ‘‘(I) identifies an electronic communica- tion procedures adequately protect the con- of the Foreign Intelligence Surveillance Act tion service provider (as that term is defined stitutional rights of United States persons; of 1978, as amended by section 101 of this Act; in section 701) or a provider of remote com- and and puting service (as that term is defined in sec- ‘‘(D) any minimization procedures pro- (B) the implementation of the amendments tion 2711 of title 18, United States Code), posed by an element of the intelligence com- made by section 101 through 103 of this Act— when not used as part of a specific identifier munity under such title that were modified (i) will not harm the national security of as described in clause (i), unless the provider or denied by the court established under sec- the United States; and is itself a subject of an authorized investiga- tion 103(a) of such Act (50 U.S.C. 1803(a)). (ii) will ensure the protection of classified tion for which the specific selection term is ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— information and classified intelligence used as the basis for the production; or Not later than 180 days after the date on sources and methods related to such produc- ‘‘(II) identifies a broad geographic region, which the Inspector General of the Depart- tion of call detail records. including the United States, a city, a coun- ment of Justice submits the report required (c) RULE OF CONSTRUCTION.—Nothing in ty, a State, a zip code, or an area code, when under subsection (c)(3), the Inspector Gen- this Act shall be construed to alter or elimi- not used as part of a specific identifier as de- eral of the Intelligence Community shall nate the authority of the Government to ob- scribed in clause (i). submit to the Committee on the Judiciary tain an order under title V of the Foreign In- ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in and the Select Committee on Intelligence of telligence Surveillance Act of 1978 (50 U.S.C. this paragraph shall be construed to preclude the Senate and the Committee on the Judici- 1861 et seq.) as in effect prior to the effective the use of multiple terms or identifiers to ary and the Permanent Select Committee on date described in subsection (a) during the meet the requirements of clause (i). Intelligence of the House of Representatives period ending on such effective date.

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SEC. 111. RULE OF CONSTRUCTION. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in of the law, unless the court issues a finding Nothing in this Act shall be construed to this subsection limits the authority of the that such appointment is not appropriate; authorize the production of the contents (as court established under section 103(a) or of and such term is defined in section 2510(8) of title the Attorney General to impose additional ‘‘(B) may appoint an individual or organi- 18, United States Code) of any electronic privacy or minimization procedures with re- zation to serve as amicus curiae, including communication from an electronic commu- gard to the installation or use of a pen reg- to provide technical expertise, in any in- nication service provider (as such term is de- ister or trap and trace device.’’. stance as such court deems appropriate or, fined in section 701(b)(4) of the Foreign Intel- (b) EMERGENCY AUTHORITY.—Section 403 (50 upon motion, permit an individual or organi- ligence Surveillance Act of 1978 (50 U.S.C. U.S.C. 1843) is amended by adding at the end zation leave to file an amicus curiae brief. 1881(b)(4))) under title V of the Foreign Intel- the following new subsection: ‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(d) PRIVACY PROCEDURES.—Information 1861 et seq.). collected through the use of a pen register or ‘‘(A) EXPERTISE.—Individuals designated TITLE II—FISA PEN REGISTER AND TRAP trap and trace device installed under this under paragraph (1) shall be persons who pos- AND TRACE DEVICE REFORM section shall be subject to the policies and sess expertise in privacy and civil liberties, intelligence collection, communications SEC. 201. PROHIBITION ON BULK COLLECTION. procedures required under section 402(h).’’. technology, or any other area that may lend (a) PROHIBITION.—Section 402(c) (50 U.S.C. TITLE III—FISA ACQUISITIONS TAR- legal or technical expertise to a court estab- 1842(c)) is amended— GETING PERSONS OUTSIDE THE UNITED lished under subsection (a) or (b). (1) in paragraph (1), by striking ‘‘; and’’ and STATES REFORMS inserting a semicolon; ‘‘(B) SECURITY CLEARANCE.—Individuals SEC. 301. LIMITS ON USE OF UNLAWFULLY OB- designated pursuant to paragraph (1) shall be (2) in paragraph (2), by striking the period TAINED INFORMATION. at the end and inserting ‘‘; and’’; and Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is persons who are determined to be eligible for (3) by adding at the end the following new amended by adding at the end the following access to classified information necessary to paragraph: new subparagraph: participate in matters before the courts. ‘‘(3) a specific selection term to be used as ‘‘(D) LIMITATION ON USE OF INFORMATION.— Amicus curiae appointed by the court pursu- the basis for the use of the pen register or ‘‘(i) IN GENERAL.—Except as provided in ant to paragraph (2) shall be persons who are trap and trace device.’’. clause (ii), if the Court orders a correction of determined to be eligible for access to classi- (b) DEFINITION.—Section 401 (50 U.S.C. 1841) a deficiency in a certification or procedures fied information, if such access is necessary is amended by adding at the end the fol- under subparagraph (B), no information ob- to participate in the matters in which they lowing new paragraph: tained or evidence derived pursuant to the may be appointed. ‘‘(4)(A) The term ‘specific selection term’— part of the certification or procedures that ‘‘(4) DUTIES.—If a court established under ‘‘(i) is a term that specifically identifies a has been identified by the Court as deficient subsection (a) or (b) appoints an amicus cu- person, account, address, or personal device, concerning any United States person shall be riae under paragraph (2)(A), the amicus cu- or any other specific identifier; and received in evidence or otherwise disclosed riae shall provide to the court, as appro- ‘‘(ii) is used to limit, to the greatest extent in any trial, hearing, or other proceeding in priate— reasonably practicable, the scope of informa- or before any court, grand jury, department, ‘‘(A) legal arguments that advance the pro- tion sought, consistent with the purpose for office, agency, regulatory body, legislative tection of individual privacy and civil lib- seeking the use of the pen register or trap committee, or other authority of the United erties; and trace device. States, a State, or political subdivision ‘‘(B) information related to intelligence ‘‘(B) A specific selection term under sub- thereof, and no information concerning any collection or communications technology; or paragraph (A) does not include an identifier United States person acquired pursuant to that does not limit, to the greatest extent ‘‘(C) legal arguments or information re- such part of such certification or procedures reasonably practicable, the scope of informa- garding any other area relevant to the issue shall subsequently be used or disclosed in tion sought, consistent with the purpose for presented to the court. any other manner by Federal officers or em- seeking the use of the pen register or trap ‘‘(5) ASSISTANCE.—An amicus curiae ap- ployees without the consent of the United and trace device, such as an identifier that— pointed under paragraph (2)(A) may request States person, except with the approval of ‘‘(i) identifies an electronic communica- that the court designate or appoint addi- the Attorney General if the information in- tion service provider (as that term is defined tional amici curiae pursuant to paragraph (1) in section 701) or a provider of remote com- dicates a threat of death or serious bodily or paragraph (2), to be available to assist the puting service (as that term is defined in sec- harm to any person. amicus curiae. tion 2711 of title 18, United States Code), ‘‘(ii) EXCEPTION.—If the Government cor- ‘‘(6) ACCESS TO INFORMATION.— rects any deficiency identified by the order when not used as part of a specific identifier ‘‘(A) IN GENERAL.—If a court established as described in subparagraph (A), unless the of the Court under subparagraph (B), the under subsection (a) or (b) appoints an ami- provider is itself a subject of an authorized Court may permit the use or disclosure of in- cus curiae under paragraph (2), the amicus investigation for which the specific selection formation obtained before the date of the curiae— correction under such minimization proce- term is used as the basis for the use; or ‘‘(i) shall have access to any legal prece- dures as the Court may approve for purposes ‘‘(ii) identifies a broad geographic region, dent, application, certification, petition, mo- of this clause.’’. including the United States, a city, a coun- tion, or such other materials that the court ty, a State, a zip code, or an area code, when TITLE IV—FOREIGN INTELLIGENCE determines are relevant to the duties of the not used as part of a specific identifier as de- SURVEILLANCE COURT REFORMS amicus curiae; and scribed in subparagraph (A). SEC. 401. APPOINTMENT OF AMICUS CURIAE. ‘‘(ii) may, if the court determines that it is ‘‘(C) For purposes of subparagraph (A), the Section 103 (50 U.S.C. 1803) is amended by relevant to the duties of the amicus curiae, term ‘address’ means a physical address or adding at the end the following new sub- consult with any other individuals des- electronic address, such as an electronic sections: ignated pursuant to paragraph (1) regarding mail address or temporarily assigned net- ‘‘(i) AMICUS CURIAE.— information relevant to any assigned pro- ‘‘(1) DESIGNATION.—The presiding judges of work address (including an Internet protocol ceeding. address). the courts established under subsections (a) ‘‘(B) BRIEFINGS.—The Attorney General and (b) shall, not later than 180 days after ‘‘(D) Nothing in this paragraph shall be may periodically brief or provide relevant the enactment of this subsection, jointly construed to preclude the use of multiple materials to individuals designated pursuant terms or identifiers to meet the require- designate not fewer than 5 individuals to be to paragraph (1) regarding constructions and ments of subparagraph (A).’’. eligible to serve as amicus curiae, who shall serve pursuant to rules the presiding judges interpretations of this Act and legal, techno- SEC. 202. PRIVACY PROCEDURES. logical, and other issues related to actions (a) IN GENERAL.—Section 402 (50 U.S.C. may establish. In designating such individ- authorized by this Act. 1842) is amended by adding at the end the fol- uals, the presiding judges may consider indi- ‘‘(C) CLASSIFIED INFORMATION.—An amicus lowing new subsection: viduals recommended by any source, includ- ‘‘(h) PRIVACY PROCEDURES.— ing members of the Privacy and Civil Lib- curiae designated or appointed by the court ‘‘(1) IN GENERAL.—The Attorney General erties Oversight Board, the judges determine may have access to classified documents, in- shall ensure that appropriate policies and appropriate. formation, and other materials or pro- procedures are in place to safeguard nonpub- ‘‘(2) AUTHORIZATION.—A court established ceedings only if that individual is eligible for licly available information concerning under subsection (a) or (b), consistent with access to classified information and to the United States persons that is collected the requirement of subsection (c) and any extent consistent with the national security through the use of a pen register or trap and other statutory requirement that the court of the United States. trace device installed under this section. act expeditiously or within a stated time— ‘‘(D) RULE OF CONSTRUCTION.—Nothing in Such policies and procedures shall, to the ‘‘(A) shall appoint an individual who has this section shall be construed to require the maximum extent practicable and consistent been designated under paragraph (1) to serve Government to provide information to an with the need to protect national security, as amicus curiae to assist such court in the amicus curiae appointed by the court that is include privacy protections that apply to the consideration of any application for an order privileged from disclosure. collection, retention, and use of information or review that, in the opinion of the court, ‘‘(7) NOTIFICATION.—A presiding judge of a concerning United States persons. presents a novel or significant interpretation court established under subsection (a) or (b)

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CIES FOR COUNTERTERRORISM PURPOSES OF ‘‘(8) ASSISTANCE.—A court established ‘‘(c) NATIONAL SECURITY WAIVER.—The Di- CONSUMER REPORTS.—Section 627(a) of the under subsection (a) or (b) may request and rector of National Intelligence, in consulta- Fair Credit Reporting Act (15 U.S.C. 1681v(a)) receive (including on a nonreimbursable tion with the Attorney General, may waive is amended by striking ‘‘analysis.’’ and in- basis) the assistance of the executive branch the requirement to declassify and make pub- serting ‘‘analysis and that includes a term in the implementation of this subsection. licly available a particular decision, order, that specifically identifies a consumer or ac- ‘‘(9) ADMINISTRATION.—A court established or opinion under subsection (a), if— count to be used as the basis for the produc- under subsection (a) or (b) may provide for ‘‘(1) the Director of National Intelligence, tion of such information.’’. the designation, appointment, removal, in consultation with the Attorney General, training, or other support for an individual determines that a waiver of such require- SEC. 502. LIMITATIONS ON DISCLOSURE OF NA- designated to serve as amicus curiae under ment is necessary to protect the national se- TIONAL SECURITY LETTERS. paragraph (1) or appointed to serve as amicus curity of the United States or properly clas- (a) COUNTERINTELLIGENCE ACCESS TO TELE- curiae under paragraph (2) in a manner that sified intelligence sources or methods; and PHONE TOLL AND TRANSACTIONAL RECORDS.— is not inconsistent with this subsection. ‘‘(2) the Director of National Intelligence Section 2709 of title 18, United States Code, ‘‘(10) RECEIPT OF INFORMATION.—Nothing in makes publicly available an unclassified is amended by striking subsection (c) and in- this subsection shall limit the ability of a statement prepared by the Attorney General, serting the following new subsection: court established under subsection (a) or (b) in consultation with the Director of National ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— to request or receive information or mate- Intelligence— ‘‘(1) PROHIBITION.— rials from, or otherwise communicate with, ‘‘(A) summarizing the significant construc- ‘‘(A) IN GENERAL.—If a certification is the Government or amicus curiae appointed tion or interpretation of any provision of issued under subparagraph (B) and notice of under paragraph (2) on an ex parte basis, nor law, which shall include, to the extent con- the right to judicial review under subsection limit any special or heightened obligation in sistent with national security, a description (d) is provided, no wire or electronic commu- any ex parte communication or proceeding. of the context in which the matter arises and nication service provider that receives a re- ‘‘(j) REVIEW OF FISA COURT DECISIONS.— any significant construction or interpreta- quest under subsection (b), or officer, em- Following issuance of an order under this tion of any statute, constitutional provision, ployee, or agent thereof, shall disclose to Act, a court established under subsection (a) or other legal authority relied on by the de- any person that the Federal Bureau of Inves- shall certify for review to the court estab- cision; and tigation has sought or obtained access to in- lished under subsection (b) any question of ‘‘(B) that specifies that the statement has formation or records under this section. law that may affect resolution of the matter been prepared by the Attorney General and ‘‘(B) CERTIFICATION.—The requirements of in controversy that the court determines constitutes no part of the opinion of the For- subparagraph (A) shall apply if the Director warrants such review because of a need for eign Intelligence Surveillance Court or the of the Federal Bureau of Investigation, or a uniformity or because consideration by the Foreign Intelligence Surveillance Court of designee of the Director whose rank shall be court established under subsection (b) would Review.’’. no lower than Deputy Assistant Director at serve the interests of justice. Upon certifi- (b) TABLE OF CONTENTS AMENDMENTS.—The Bureau headquarters or a Special Agent in cation of a question of law under this sub- table of contents in the first section is Charge of a Bureau field office, certifies that section, the court established under sub- amended— the absence of a prohibition of disclosure section (b) may give binding instructions or (1) by striking the item relating to title VI under this subsection may result in— require the entire record to be sent up for de- and inserting the following new item: ‘‘(i) a danger to the national security of cision of the entire matter in controversy. ‘‘TITLE VI—OVERSIGHT’’; the United States; ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- and ‘‘(ii) interference with a criminal, counter- CISIONS.— (2) by inserting after the item relating to terrorism, or counterintelligence investiga- ‘‘(1) CERTIFICATION.—For purposes of sec- section 601 the following new item: tion; tion 1254(2) of title 28, United States Code, ‘‘(iii) interference with diplomatic rela- the court of review established under sub- ‘‘Sec. 602. Declassification of significant de- cisions, orders, and opinions.’’. tions; or section (b) shall be considered to be a court ‘‘(iv) danger to the life or physical safety of appeals. TITLE V—NATIONAL SECURITY LETTER of any person. ‘‘(2) AMICUS CURIAE BRIEFING.—Upon cer- REFORM ‘‘(2) EXCEPTION.— tification of an application under paragraph SEC. 501. PROHIBITION ON BULK COLLECTION. ‘‘(A) IN GENERAL.—A wire or electronic (1), the Supreme Court of the United States (a) COUNTERINTELLIGENCE ACCESS TO TELE- communication service provider that re- may appoint an amicus curiae designated PHONE TOLL AND TRANSACTIONAL RECORDS.— ceives a request under subsection (b), or offi- under subsection (i)(1), or any other person, Section 2709(b) of title 18, United States cer, employee, or agent thereof, may disclose to provide briefing or other assistance.’’. Code, is amended in the matter preceding information otherwise subject to any appli- SEC. 402. DECLASSIFICATION OF DECISIONS, OR- paragraph (1) by striking ‘‘may’’ and insert- cable nondisclosure requirement to— DERS, AND OPINIONS. ing ‘‘may, using a term that specifically ‘‘(i) those persons to whom disclosure is (a) DECLASSIFICATION.—Title VI (50 U.S.C. identifies a person, entity, telephone num- necessary in order to comply with the re- 1871 et seq.) is amended— ber, or account as the basis for a request’’. quest; (1) in the heading, by striking ‘‘REPORT- (b) ACCESS TO FINANCIAL RECORDS FOR CER- ‘‘(ii) an attorney in order to obtain legal ING REQUIREMENT’’ and inserting ‘‘OVER- TAIN INTELLIGENCE AND PROTECTIVE PUR- advice or assistance regarding the request; SIGHT’’; and POSES.—Section 1114(a)(2) of the Right to Fi- or (2) by adding at the end the following new nancial Privacy Act of 1978 (12 U.S.C. ‘‘(iii) other persons as permitted by the Di- section: 3414(a)(2)) is amended by striking the period rector of the Federal Bureau of Investigation ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT and inserting ‘‘and a term that specifically or the designee of the Director. DECISIONS, ORDERS, AND OPINIONS. identifies a customer, entity, or account to ‘‘(B) APPLICATION.—A person to whom dis- ‘‘(a) DECLASSIFICATION REQUIRED.—Subject be used as the basis for the production and closure is made under subparagraph (A) shall to subsection (b), the Director of National disclosure of financial records.’’. be subject to the nondisclosure requirements Intelligence, in consultation with the Attor- (c) DISCLOSURES TO FBI OF CERTAIN CON- applicable to a person to whom a request is ney General, shall conduct a declassification SUMER RECORDS FOR COUNTERINTELLIGENCE issued under subsection (b) in the same man- review of each decision, order, or opinion PURPOSES.—Section 626 of the Fair Credit ner as the person to whom the request is issued by the Foreign Intelligence Surveil- Reporting Act (15 U.S.C. 1681u) is amended— issued. lance Court or the Foreign Intelligence Sur- (1) in subsection (a), by striking ‘‘that in- ‘‘(C) NOTICE.—Any recipient that discloses veillance Court of Review (as defined in sec- formation,’’ and inserting ‘‘that information to a person described in subparagraph (A) in- tion 601(e)) that includes a significant con- that includes a term that specifically identi- formation otherwise subject to a nondisclo- struction or interpretation of any provision fies a consumer or account to be used as the sure requirement shall notify the person of of law, including any novel or significant basis for the production of that informa- the applicable nondisclosure requirement. construction or interpretation of the term tion,’’; ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘specific selection term’, and, consistent (2) in subsection (b), by striking ‘‘written ENTS.—At the request of the Director of the with that review, make publicly available to request,’’ and inserting ‘‘written request Federal Bureau of Investigation or the des- the greatest extent practicable each such de- that includes a term that specifically identi- ignee of the Director, any person making or cision, order, or opinion. fies a consumer or account to be used as the intending to make a disclosure under clause ‘‘(b) REDACTED FORM.—The Director of Na- basis for the production of that informa- (i) or (iii) of subparagraph (A) shall identify tional Intelligence, in consultation with the tion,’’; and to the Director or such designee the person Attorney General, may satisfy the require- (3) in subsection (c), by inserting ‘‘, which to whom such disclosure will be made or to ment under subsection (a) to make a deci- shall include a term that specifically identi- whom such disclosure was made prior to the sion, order, or opinion described in such sub- fies a consumer or account to be used as the request.’’.

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(b) ACCESS TO FINANCIAL RECORDS FOR CER- cy that receives a request under subsection ‘‘(i) a danger to the national security of TAIN INTELLIGENCE AND PROTECTIVE PUR- (a) or (b) or an order under subsection (c), or the United States; POSES.—Section 1114 of the Right to Finan- officer, employee, or agent thereof, shall dis- ‘‘(ii) interference with a criminal, counter- cial Privacy Act of 1978 (12 U.S.C. 3414) is close or specify in any consumer report, that terrorism, or counterintelligence investiga- amended— the Federal Bureau of Investigation has tion; (1) in subsection (a)(5), by striking sub- sought or obtained access to information or ‘‘(iii) interference with diplomatic rela- paragraph (D); and records under subsection (a), (b), or (c). tions; or (2) by inserting after subsection (b) the fol- ‘‘(B) CERTIFICATION.—The requirements of ‘‘(iv) danger to the life or physical safety lowing new subsection: subparagraph (A) shall apply if the Director of any person. ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— of the Federal Bureau of Investigation, or a ‘‘(2) EXCEPTION.— ‘‘(1) PROHIBITION.— designee of the Director whose rank shall be ‘‘(A) IN GENERAL.—A consumer reporting ‘‘(A) IN GENERAL.—If a certification is no lower than Deputy Assistant Director at agency that receives a request under sub- issued under subparagraph (B) and notice of Bureau headquarters or a Special Agent in section (a), or officer, employee, or agent the right to judicial review under subsection Charge of a Bureau field office, certifies that thereof, may disclose information otherwise (d) is provided, no financial institution that the absence of a prohibition of disclosure subject to any applicable nondisclosure re- receives a request under subsection (a), or of- under this subsection may result in— quirement to— ficer, employee, or agent thereof, shall dis- ‘‘(i) a danger to the national security of ‘‘(i) those persons to whom disclosure is close to any person that the Federal Bureau the United States; necessary in order to comply with the re- of Investigation has sought or obtained ac- ‘‘(ii) interference with a criminal, counter- quest; cess to information or records under sub- terrorism, or counterintelligence investiga- ‘‘(ii) an attorney in order to obtain legal section (a). tion; advice or assistance regarding the request; ‘‘(B) CERTIFICATION.—The requirements of ‘‘(iii) interference with diplomatic rela- or subparagraph (A) shall apply if the Director tions; or ‘‘(iii) other persons as permitted by the of the Federal Bureau of Investigation, or a ‘‘(iv) danger to the life or physical safety head of the government agency described in designee of the Director whose rank shall be of any person. subsection (a) or a designee. no lower than Deputy Assistant Director at ‘‘(2) EXCEPTION.— ‘‘(B) APPLICATION.—A person to whom dis- Bureau headquarters or a Special Agent in ‘‘(A) IN GENERAL.—A consumer reporting closure is made under subparagraph (A) shall Charge of a Bureau field office, certifies that agency that receives a request under sub- be subject to the nondisclosure requirements the absence of a prohibition of disclosure section (a) or (b) or an order under sub- applicable to a person to whom a request under this subsection may result in— section (c), or officer, employee, or agent under subsection (a) is issued in the same ‘‘(i) a danger to the national security of thereof, may disclose information otherwise manner as the person to whom the request is the United States; subject to any applicable nondisclosure re- issued. ‘‘(ii) interference with a criminal, counter- quirement to— ‘‘(C) NOTICE.—Any recipient that discloses terrorism, or counterintelligence investiga- ‘‘(i) those persons to whom disclosure is to a person described in subparagraph (A) in- tion; necessary in order to comply with the re- formation otherwise subject to a nondisclo- ‘‘(iii) interference with diplomatic rela- quest; sure requirement shall inform the person of tions; or ‘‘(ii) an attorney in order to obtain legal the applicable nondisclosure requirement. ‘‘(iv) danger to the life or physical safety advice or assistance regarding the request; ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- of any person. or ENTS.—At the request of the head of the gov- ‘‘(2) EXCEPTION.— ‘‘(iii) other persons as permitted by the Di- ernment agency described in subsection (a) ‘‘(A) IN GENERAL.—A financial institution rector of the Federal Bureau of Investigation or a designee, any person making or intend- that receives a request under subsection (a), or the designee of the Director. ing to make a disclosure under clause (i) or or officer, employee, or agent thereof, may ‘‘(B) APPLICATION.—A person to whom dis- (iii) of subparagraph (A) shall identify to the disclose information otherwise subject to closure is made under subparagraph (A) shall head or such designee the person to whom any applicable nondisclosure requirement be subject to the nondisclosure requirements such disclosure will be made or to whom to— applicable to a person to whom a request such disclosure was made prior to the re- ‘‘(i) those persons to whom disclosure is under subsection (a) or (b) or an order under quest.’’. necessary in order to comply with the re- subsection (c) is issued in the same manner quest; (e) INVESTIGATIONS OF PERSONS WITH AC- as the person to whom the request is issued. ‘‘(ii) an attorney in order to obtain legal CESS TO CLASSIFIED INFORMATION.—Section ‘‘(C) NOTICE.—Any recipient that discloses advice or assistance regarding the request; 802 of the National Security Act of 1947 (50 to a person described in subparagraph (A) in- or U.S.C. 3162) is amended by striking sub- formation otherwise subject to a nondisclo- ‘‘(iii) other persons as permitted by the Di- section (b) and inserting the following new sure requirement shall inform the person of rector of the Federal Bureau of Investigation subsection: the applicable nondisclosure requirement. or the designee of the Director. ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(B) APPLICATION.—A person to whom dis- ‘‘(1) PROHIBITION.— ENTS.—At the request of the Director of the closure is made under subparagraph (A) shall ‘‘(A) IN GENERAL.—If a certification is Federal Bureau of Investigation or the des- be subject to the nondisclosure requirements issued under subparagraph (B) and notice of ignee of the Director, any person making or applicable to a person to whom a request is the right to judicial review under subsection intending to make a disclosure under clause issued under subsection (a) in the same man- (c) is provided, no governmental or private (i) or (iii) of subparagraph (A) shall identify ner as the person to whom the request is entity that receives a request under sub- to the Director or such designee the person issued. section (a), or officer, employee, or agent to whom such disclosure will be made or to ‘‘(C) NOTICE.—Any recipient that discloses thereof, shall disclose to any person that an whom such disclosure was made prior to the to a person described in subparagraph (A) in- authorized investigative agency described in request.’’. formation otherwise subject to a nondisclo- subsection (a) has sought or obtained access sure requirement shall inform the person of (d) CONSUMER REPORTS.—Section 627 of the to information under subsection (a). the applicable nondisclosure requirement. Fair Credit Reporting Act (15 U.S.C. 1681v) is ‘‘(B) CERTIFICATION.—The requirements of amended by striking subsection (c) and in- ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- subparagraph (A) shall apply if the head of serting the following new subsection: ENTS.—At the request of the Director of the an authorized investigative agency described Federal Bureau of Investigation or the des- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— in subsection (a), or a designee, certifies that ignee of the Director, any person making or ‘‘(1) PROHIBITION.— the absence of a prohibition of disclosure intending to make a disclosure under clause ‘‘(A) IN GENERAL.—If a certification is under this subsection may result in— (i) or (iii) of subparagraph (A) shall identify issued under subparagraph (B) and notice of ‘‘(i) a danger to the national security of to the Director or such designee the person the right to judicial review under subsection the United States; to whom such disclosure will be made or to (d) is provided, no consumer reporting agen- ‘‘(ii) interference with a criminal, counter- whom such disclosure was made prior to the cy that receives a request under subsection terrorism, or counterintelligence investiga- request.’’. (a), or officer, employee, or agent thereof, tion; (c) IDENTITY OF FINANCIAL INSTITUTIONS shall disclose or specify in any consumer re- ‘‘(iii) interference with diplomatic rela- AND CREDIT REPORTS.—Section 626 of the port, that a government agency described in tions; or Fair Credit Reporting Act (15 U.S.C. 1681u) is subsection (a) has sought or obtained access ‘‘(iv) danger to the life or physical safety amended by striking subsection (d) and in- to information or records under subsection of any person. serting the following new subsection: (a). ‘‘(2) EXCEPTION.— ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(B) CERTIFICATION.—The requirements of ‘‘(A) IN GENERAL.—A governmental or pri- ‘‘(1) PROHIBITION.— subparagraph (A) shall apply if the head of vate entity that receives a request under ‘‘(A) IN GENERAL.—If a certification is the government agency described in sub- subsection (a), or officer, employee, or agent issued under subparagraph (B) and notice of section (a), or a designee, certifies that the thereof, may disclose information otherwise the right to judicial review under subsection absence of a prohibition of disclosure under subject to any applicable nondisclosure re- (e) is provided, no consumer reporting agen- this subsection may result in— quirement to—

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‘‘(i) those persons to whom disclosure is closure of the existence or contents of the POSES.—Section 1114 of the Right to Finan- necessary in order to comply with the re- relevant request or order. An application cial Privacy Act of 1978 (12 U.S.C. 3414) is quest; under this subparagraph may be filed in the amended— ‘‘(ii) an attorney in order to obtain legal district court of the United States for the ju- (1) by redesignating subsection (d) as sub- advice or assistance regarding the request; dicial district in which the recipient of the section (e); and or order is doing business or in the district (2) by inserting after subsection (c) the fol- ‘‘(iii) other persons as permitted by the court of the United States for any judicial lowing new subsection: head of the authorized investigative agency district within which the authorized inves- ‘‘(d) JUDICIAL REVIEW.— described in subsection (a) or a designee. tigation that is the basis for the request is ‘‘(1) IN GENERAL.—A request under sub- ‘‘(B) APPLICATION.—A person to whom dis- being conducted. The applicable nondisclo- section (a) or a nondisclosure requirement closure is made under subparagraph (A) shall sure requirement shall remain in effect dur- imposed in connection with such request be subject to the nondisclosure requirements ing the pendency of proceedings relating to under subsection (c) shall be subject to judi- applicable to a person to whom a request is the requirement. cial review under section 3511 of title 18, issued under subsection (a) in the same man- ‘‘(C) CONSIDERATION.—A district court of United States Code. ner as the person to whom the request is the United States that receives a petition ‘‘(2) NOTICE.—A request under subsection issued. under subparagraph (A) or an application (a) shall include notice of the availability of ‘‘(C) NOTICE.—Any recipient that discloses under subparagraph (B) should rule expedi- judicial review described in paragraph (1).’’. to a person described in subparagraph (A) in- tiously, and shall, subject to paragraph (3), (c) IDENTITY OF FINANCIAL INSTITUTIONS formation otherwise subject to a nondisclo- issue a nondisclosure order that includes AND CREDIT REPORTS.—Section 626 of the sure requirement shall inform the person of conditions appropriate to the circumstances. Fair Credit Reporting Act (15 U.S.C. 1681u) is the applicable nondisclosure requirement. ‘‘(2) APPLICATION CONTENTS.—An applica- amended— ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- tion for a nondisclosure order or extension (1) by redesignating subsections (e) ENTS.—At the request of the head of an au- thereof or a response to a petition filed through (m) as subsections (f) through (n), thorized investigative agency described in under paragraph (1) shall include a certifi- respectively; and subsection (a), or a designee, any person cation from the Attorney General, Deputy (2) by inserting after subsection (d) the fol- making or intending to make a disclosure Attorney General, an Assistant Attorney lowing new subsection: under clause (i) or (iii) of subparagraph (A) General, or the Director of the Federal Bu- ‘‘(e) JUDICIAL REVIEW.— shall identify to the head of the authorized reau of Investigation, or a designee in a posi- ‘‘(1) IN GENERAL.—A request under sub- investigative agency or such designee the tion not lower than Deputy Assistant Direc- section (a) or (b) or an order under sub- person to whom such disclosure will be made tor at Bureau headquarters or a Special section (c) or a non-disclosure requirement or to whom such disclosure was made prior Agent in Charge in a Bureau field office des- imposed in connection with such request to the request.’’. ignated by the Director, or in the case of a under subsection (d) shall be subject to judi- (f) TERMINATION PROCEDURES.— request by a department, agency, or instru- cial review under section 3511 of title 18, (1) IN GENERAL.—Not later than 180 days mentality of the Federal Government other United States Code. after the date of enactment of this Act, the than the Department of Justice, the head or ‘‘(2) NOTICE.—A request under subsection Attorney General shall adopt procedures deputy head of the department, agency, or (a) or (b) or an order under subsection (c) with respect to nondisclosure requirements instrumentality, containing a statement of shall include notice of the availability of ju- issued pursuant to section 2709 of title 18, specific facts indicating that the absence of dicial review described in paragraph (1).’’. United States Code, section 626 or 627 of the a prohibition of disclosure under this sub- (d) IDENTITY OF FINANCIAL INSTITUTIONS Fair Credit Reporting Act (15 U.S.C. 1681u section may result in— AND CREDIT REPORTS.—Section 627 of the and 1681v), section 1114 of the Right to Fi- ‘‘(A) a danger to the national security of Fair Credit Reporting Act (15 U.S.C. 1681v) is nancial Privacy Act (12 U.S.C. 3414), or sec- the United States; amended— tion 802 of the National Security Act of 1947 ‘‘(B) interference with a criminal, counter- (1) by redesignating subsections (d), (e), (50 U.S.C. 3162), as amended by this Act, to terrorism, or counterintelligence investiga- and (f) as subsections (e), (f), and (g), respec- require— tion; tively; and (A) the review at appropriate intervals of ‘‘(C) interference with diplomatic rela- (2) by inserting after subsection (c) the fol- such a nondisclosure requirement to assess tions; or lowing new subsection: whether the facts supporting nondisclosure ‘‘(d) JUDICIAL REVIEW.— ‘‘(D) danger to the life or physical safety of continue to exist; ‘‘(1) IN GENERAL.—A request under sub- any person. (B) the termination of such a nondisclosure section (a) or a non-disclosure requirement ‘‘(3) STANDARD.—A district court of the requirement if the facts no longer support United States shall issue a nondisclosure imposed in connection with such request nondisclosure; and order or extension thereof under this sub- under subsection (c) shall be subject to judi- (C) appropriate notice to the recipient of section if the court determines that there is cial review under section 3511 of title 18, the national security letter, or officer, em- reason to believe that disclosure of the infor- United States Code. ployee, or agent thereof, subject to the non- OTICE.—A request under subsection mation subject to the nondisclosure require- ‘‘(2) N disclosure requirement, and the applicable (a) shall include notice of the availability of ment during the applicable time period may court as appropriate, that the nondisclosure judicial review described in paragraph (1).’’. result in— requirement has been terminated. (e) INVESTIGATIONS OF PERSONS WITH AC- ‘‘(A) a danger to the national security of (2) REPORTING.—Upon adopting the proce- CESS TO CLASSIFIED INFORMATION.—Section the United States; dures required under paragraph (1), the At- 802 of the National Security Act of 1947 (50 ‘‘(B) interference with a criminal, counter- torney General shall submit the procedures U.S.C. 3162) is amended— terrorism, or counterintelligence investiga- to the Committee on the Judiciary of the (1) by redesignating subsections (c) tion; Senate and the Committee on the Judiciary through (f) as subsections (d) through (g), re- ‘‘(C) interference with diplomatic rela- of the House of Representatives. spectively; and tions; or (g) JUDICIAL REVIEW.—Section 3511 of title (2) by inserting after subsection (b) the fol- ‘‘(D) danger to the life or physical safety of 18, United States Code, is amended by strik- lowing new subsection: any person.’’. ing subsection (b) and inserting the following ‘‘(c) JUDICIAL REVIEW.— new subsection: SEC. 503. JUDICIAL REVIEW. ‘‘(1) IN GENERAL.—A request under sub- ‘‘(b) NONDISCLOSURE.— (a) COUNTERINTELLIGENCE ACCESS TO TELE- section (a) or a nondisclosure requirement ‘‘(1) IN GENERAL.— PHONE TOLL AND TRANSACTIONAL RECORDS.— imposed in connection with such request ‘‘(A) NOTICE.—If a recipient of a request or Section 2709 of title 18, United States Code, under subsection (b) shall be subject to judi- order for a report, records, or other informa- is amended— cial review under section 3511 of title 18, tion under section 2709 of this title, section (1) by redesignating subsections (d), (e), United States Code. 626 or 627 of the Fair Credit Reporting Act (15 and (f) as subsections (e), (f), and (g), respec- ‘‘(2) NOTICE.—A request under subsection U.S.C. 1681u and 1681v), section 1114 of the tively; and (a) shall include notice of the availability of Right to Financial Privacy Act of 1978 (12 (2) by inserting after subsection (c) the fol- judicial review described in paragraph (1).’’. U.S.C. 3414), or section 802 of the National lowing new subsection: TITLE VI—FISA TRANSPARENCY AND Security Act of 1947 (50 U.S.C. 3162), wishes ‘‘(d) JUDICIAL REVIEW.— REPORTING REQUIREMENTS to have a court review a nondisclosure re- ‘‘(1) IN GENERAL.—A request under sub- SEC. 601. ADDITIONAL REPORTING ON ORDERS quirement imposed in connection with the section (b) or a nondisclosure requirement REQUIRING PRODUCTION OF BUSI- request or order, the recipient may notify imposed in connection with such request NESS RECORDS; BUSINESS RECORDS the Government or file a petition for judicial under subsection (c) shall be subject to judi- COMPLIANCE REPORTS TO CON- review in any court described in subsection cial review under section 3511. GRESS. (a). ‘‘(2) NOTICE.—A request under subsection (a) REPORTS SUBMITTED TO COMMITTEES.— ‘‘(B) APPLICATION.—Not later than 30 days (b) shall include notice of the availability of Section 502(b) (50 U.S.C. 1862(b)) is amended— after the date of receipt of a notification judicial review described in paragraph (1).’’. (1) by redesignating paragraphs (1), (2), and under subparagraph (A), the Government (b) ACCESS TO FINANCIAL RECORDS FOR CER- (3) as paragraphs (6), (7), and (8), respec- shall apply for an order prohibiting the dis- TAIN INTELLIGENCE AND PROTECTIVE PUR- tively; and

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(2) by inserting before paragraph (6) (as so ‘‘(b) MANDATORY REPORTING BY DIRECTOR eral Bureau of Investigation that does not redesignated) the following new paragraphs: OF NATIONAL INTELLIGENCE.—Except as pro- include electronic mail addresses or tele- ‘‘(1) a summary of all compliance reviews vided in subsection (d), the Director of Na- phone numbers. conducted by the Government for the pro- tional Intelligence shall annually make pub- ‘‘(3) CERTIFICATION.— duction of tangible things under section 501; licly available on an Internet Web site a re- ‘‘(A) IN GENERAL.—If the Director of Na- ‘‘(2) the total number of applications de- port that identifies, for the preceding 12- tional Intelligence concludes that a good scribed in section 501(b)(2)(B) made for orders month period— faith estimate required to be reported under approving requests for the production of tan- ‘‘(1) the total number of orders issued pur- subsection (b)(2)(B) cannot be determined ac- gible things; suant to titles I and III and sections 703 and curately because some but not all of the rel- ‘‘(3) the total number of such orders either 704 and a good faith estimate of the number evant elements of the intelligence commu- granted, modified, or denied; of targets of such orders; nity are able to provide such good faith esti- ‘‘(4) the total number of applications de- ‘‘(2) the total number of orders issued pur- mate, the Director shall— scribed in section 501(b)(2)(C) made for orders suant to section 702 and a good faith esti- ‘‘(i) certify that conclusion in writing to approving requests for the production of call mate of— the Select Committee on Intelligence and detail records; ‘‘(A) the number of search terms con- the Committee on the Judiciary of the Sen- ‘‘(5) the total number of such orders either cerning a known United States person used ate and the Permanent Select Committee on granted, modified, or denied;’’. to retrieve the unminimized contents of elec- Intelligence and the Committee on the Judi- (b) REPORTING ON CERTAIN TYPES OF PRO- tronic communications or wire communica- ciary of the House of Representatives; DUCTION.—Section 502(c)(1) (50 U.S.C. tions obtained through acquisitions author- ‘‘(ii) report the good faith estimate for 1862(c)(1)) is amended— ized under such section, excluding the num- those relevant elements able to provide such (1) in subparagraph (A), by striking ‘‘and’’; ber of search terms used to prevent the re- good faith estimate; (2) in subparagraph (B), by striking the pe- turn of information concerning a United ‘‘(iii) explain when it is reasonably antici- riod at the end and inserting a semicolon; States person; and pated that such an estimate will be able to and ‘‘(B) the number of queries concerning a be determined fully and accurately; and (3) by adding at the end the following new known United States person of unminimized ‘‘(iv) make such certification publicly subparagraphs: noncontents information relating to elec- available on an Internet Web site. ‘‘(C) the total number of applications made tronic communications or wire communica- ‘‘(B) FORM.—A certification described in for orders approving requests for the produc- tions obtained through acquisitions author- subparagraph (A) shall be prepared in unclas- tion of tangible things under section 501 in ized under such section, excluding the num- sified form, but may contain a classified which the specific selection term does not ber of queries containing information used to annex. specifically identify an individual, account, prevent the return of information concerning ‘‘(C) TIMING.—If the Director of National or personal device; a United States person; Intelligence continues to conclude that the ‘‘(D) the total number of orders described ‘‘(3) the total number of orders issued pur- good faith estimates described in this para- in subparagraph (C) either granted, modified, suant to title IV and a good faith estimate graph cannot be determined accurately, the or denied; and of— Director shall annually submit a certifi- ‘‘(E) with respect to orders described in ‘‘(A) the number of targets of such orders; cation in accordance with this paragraph. subparagraph (D) that have been granted or and ‘‘(e) DEFINITIONS.—In this section: modified, whether the court established ‘‘(B) the number of unique identifiers used ‘‘(1) CONTENTS.—The term ‘contents’ has under section 103 has directed additional, to communicate information collected pur- the meaning given that term under section particularized minimization procedures be- suant to such orders; 2510 of title 18, United States Code. yond those adopted pursuant to section ‘‘(4) the total number of orders issued pur- ‘‘(2) ELECTRONIC COMMUNICATION.—The 501(g).’’. suant to applications made under section term ‘electronic communication’ has the SEC. 602. ANNUAL REPORTS BY THE GOVERN- 501(b)(2)(B) and a good faith estimate of— meaning given that term under section 2510 MENT. ‘‘(A) the number of targets of such orders; of title 18, United States Code. (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et and ‘‘(3) NATIONAL SECURITY LETTER.—The term seq.), as amended by section 402 of this Act, ‘‘(B) the number of unique identifiers used ‘national security letter’ means a request for is further amended by adding at the end the to communicate information collected pur- a report, records, or other information following new section: suant to such orders; under— ‘‘SEC. 603. ANNUAL REPORTS. ‘‘(5) the total number of orders issued pur- ‘‘(A) section 2709 of title 18, United States ‘‘(a) REPORT BY DIRECTOR OF THE ADMINIS- suant to applications made under section Code; TRATIVE OFFICE OF THE UNITED STATES 501(b)(2)(C) and a good faith estimate of— ‘‘(B) section 1114(a)(5)(A) of the Right to COURTS.— ‘‘(A) the number of targets of such orders; Financial Privacy Act of 1978 (12 U.S.C. ‘‘(1) REPORT REQUIRED.—The Director of ‘‘(B) the number of unique identifiers used 3414(a)(5)(A)); the Administrative Office of the United to communicate information collected pur- ‘‘(C) subsection (a) or (b) of section 626 of States Courts shall annually submit to the suant to such orders; and the Fair Credit Reporting Act (15 U.S.C. Permanent Select Committee on Intelligence ‘‘(C) the number of search terms that in- 1681u(a), 1681u(b)); or and the Committee on the Judiciary of the cluded information concerning a United ‘‘(D) section 627(a) of the Fair Credit Re- House of Representatives and the Select States person that were used to query any porting Act (15 U.S.C. 1681v(a)). Committee on Intelligence and the Com- database of call detail records obtained ‘‘(4) UNITED STATES PERSON.—The term mittee on the Judiciary of the Senate, sub- through the use of such orders; and ‘United States person’ means a citizen of the ject to a declassification review by the At- ‘‘(6) the total number of national security United States or an alien lawfully admitted torney General and the Director of National letters issued and the number of requests for for permanent residence (as defined in sec- Intelligence, a report that includes— information contained within such national tion 101(a) of the Immigration and Nation- ‘‘(A) the number of applications or certifi- security letters. ality Act (8 U.S.C. 1101(a))). cations for orders submitted under each of ‘‘(c) TIMING.—The annual reports required sections 105, 304, 402, 501, 702, 703, and 704; by subsections (a) and (b) shall be made pub- ‘‘(5) WIRE COMMUNICATION.—The term ‘wire ‘‘(B) the number of such orders granted licly available during April of each year and communication’ has the meaning given that under each of those sections; include information relating to the previous term under section 2510 of title 18, United ‘‘(C) the number of orders modified under calendar year. States Code.’’. each of those sections; ‘‘(d) EXCEPTIONS.— (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(D) the number of applications or certifi- ‘‘(1) STATEMENT OF NUMERICAL RANGE.—If a table of contents, as amended by section 402 cations denied under each of those sections; good faith estimate required to be reported of this Act, is further amended by inserting ‘‘(E) the number of appointments of an in- under subparagraph (B) of any of paragraphs after the item relating to section 602, as dividual to serve as amicus curiae under sec- (3), (4), or (5) of subsection (b) is fewer than added by section 402 of this Act, the fol- tion 103, including the name of each indi- 500, it shall be expressed as a numerical lowing new item: vidual appointed to serve as amicus curiae; range of ‘fewer than 500’ and shall not be ex- ‘‘Sec. 603. Annual reports.’’. and pressed as an individual number. (c) PUBLIC REPORTING ON NATIONAL SECU- ‘‘(F) the number of findings issued under ‘‘(2) NONAPPLICABILITY TO CERTAIN INFOR- RITY LETTERS.—Section 118(c) of the USA section 103(i) that such appointment is not MATION.— PATRIOT Improvement and Reauthorization appropriate and the text of any such find- ‘‘(A) FEDERAL BUREAU OF INVESTIGATION.— Act of 2005 (18 U.S.C. 3511 note) is amended— ings. Paragraphs (2)(A), (2)(B), and (5)(C) of sub- (1) in paragraph (1)— ‘‘(2) PUBLICATION.—The Director shall section (b) shall not apply to information or (A) in the matter preceding subparagraph make the report required under paragraph (1) records held by, or queries conducted by, the (A), by striking ‘‘United States’’; and publicly available on an Internet Web site, Federal Bureau of Investigation. (B) in subparagraph (A), by striking ‘‘, ex- except that the Director shall not make pub- ‘‘(B) ELECTRONIC MAIL ADDRESS AND TELE- cluding the number of requests for subscriber licly available on an Internet Web site the PHONE NUMBERS.—Paragraph (3)(B) of sub- information’’; findings described in subparagraph (F) of section (b) shall not apply to orders resulting (2) by redesignating paragraph (2) as para- paragraph (1). in the acquisition of information by the Fed- graph (3); and

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(3) by inserting after paragraph (1) the fol- ‘‘(C) the number of orders or directives re- ‘‘(2) NATIONAL SECURITY LETTER.—The term lowing: ceived, combined, under this Act for con- ‘national security letter’ has the meaning ‘‘(2) CONTENT.— tents, reported in bands of 500 starting with given that term under section 603.’’. ‘‘(A) IN GENERAL.—Except as provided in 0–499; (b) TABLE OF CONTENTS AMENDMENT.—The subparagraph (B), each report required under ‘‘(D) the number of customer selectors tar- table of contents, as amended by sections 402 this subsection shall include a good faith es- geted under orders or directives received, and 602 of this Act, is further amended by in- timate of the total number of requests de- combined, under this Act for contents, re- serting after the item relating to section 603, scribed in paragraph (1) requiring disclosure ported in bands of 500 starting with 0–499; as added by section 602 of this Act, the fol- of information concerning— ‘‘(E) the number of orders received under lowing new item: ‘‘(i) United States persons; and this Act for noncontents, reported in bands ‘‘Sec. 604. Public reporting by persons sub- ‘‘(ii) persons who are not United States of 500 starting with 0–499; and ject to orders.’’. persons. ‘‘(F) the number of customer selectors tar- SEC. 604. REPORTING REQUIREMENTS FOR DECI- ‘‘(B) EXCEPTION.—With respect to the num- geted under orders received under this Act SIONS, ORDERS, AND OPINIONS OF ber of requests for subscriber information for noncontents, reported in bands of 500 THE FOREIGN INTELLIGENCE SUR- under section 2709 of title 18, United States starting with 0–499. VEILLANCE COURT AND THE FOR- Code, a report required under this subsection ‘‘(3) A semiannual report that aggregates EIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW. need not separate the number of requests the number of orders, directives, or national Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is into each of the categories described in sub- security letters with which the person was amended to read as follows: paragraph (A).’’. required to comply in the into separate cat- ‘‘(1) not later than 45 days after the date on (d) STORED COMMUNICATIONS.—Section egories of— which the Foreign Intelligence Surveillance 2702(d) of title 18, United States Code, is ‘‘(A) the total number of all national secu- Court or the Foreign Intelligence Surveil- amended— rity process received, including all national lance Court of Review issues a decision, (1) in paragraph (1), by striking ‘‘; and’’ and security letters, and orders or directives order, or opinion, including any denial or inserting a semicolon; under this Act, combined, reported in bands modification of an application under this (2) in paragraph (2)(B), by striking the pe- of 250 starting with 0–249; and Act, that includes significant construction riod and inserting ‘‘; and’’; and ‘‘(B) the total number of customer selec- or interpretation of any provision of law or (3) by adding at the end the following new tors targeted under all national security results in a change of application of any pro- paragraph: process received, including all national secu- vision of this Act or a novel application of ‘‘(3) the number of accounts from which rity letters, and orders or directives under any provision of this Act, a copy of such de- the Department of Justice has received vol- this Act, combined, reported in bands of 250 cision, order, or opinion and any pleadings, untary disclosures under subsection (c)(4).’’. starting with 0–249. applications, or memoranda of law associ- SEC. 603. PUBLIC REPORTING BY PERSONS SUB- ‘‘(4) An annual report that aggregates the ated with such decision, order, or opinion; JECT TO FISA ORDERS. number of orders, directives, and national se- (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et and’’. curity letters the person was required to seq.), as amended by sections 402 and 602 of SEC. 605. SUBMISSION OF REPORTS UNDER FISA. comply with into separate categories of— this Act, is further amended by adding at the (a) ELECTRONIC SURVEILLANCE.—Section ‘‘(A) the total number of all national secu- end the following new section: 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by rity process received, including all national ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUB- striking ‘‘the House Permanent Select Com- security letters, and orders or directives JECT TO ORDERS. mittee on Intelligence and the Senate Select under this Act, combined, reported in bands ‘‘(a) REPORTING.—A person subject to a Committee on Intelligence, and the Com- of 100 starting with 0–99; and nondisclosure requirement accompanying an mittee on the Judiciary of the Senate,’’ and ‘‘(B) the total number of customer selec- order or directive under this Act or a na- inserting ‘‘the Permanent Select Committee tors targeted under all national security tional security letter may, with respect to on Intelligence and the Committee on the process received, including all national secu- such order, directive, or national security Judiciary of the House of Representatives rity letters, and orders or directives under letter, publicly report the following informa- and the Select Committee on Intelligence this Act, combined, reported in bands of 100 tion using one of the following structures: and the Committee on the Judiciary of the starting with 0–99. ‘‘(1) A semiannual report that aggregates Senate’’. the number of orders, directives, or national ‘‘(b) PERIOD OF TIME COVERED BY RE- (b) PHYSICAL SEARCHES.—The matter pre- security letters with which the person was PORTS.— ceding paragraph (1) of section 306 (50 U.S.C. required to comply into separate categories ‘‘(1) A report described in paragraph (1) or 1826) is amended— of— (2) of subsection (a) shall include only infor- (1) in the first sentence, by striking ‘‘Per- ‘‘(A) the number of national security let- mation— manent Select Committee on Intelligence of ters received, reported in bands of 1000 start- ‘‘(A) relating to national security letters the House of Representatives and the Select ing with 0–999; for the previous 180 days; and Committee on Intelligence of the Senate, ‘‘(B) the number of customer selectors tar- ‘‘(B) relating to authorities under this Act and the Committee on the Judiciary of the geted by national security letters, reported for the 180-day period of time ending on the Senate,’’ and inserting ‘‘Permanent Select in bands of 1000 starting with 0–999; date that is not less than 180 days prior to Committee on Intelligence and the Com- ‘‘(C) the number of orders or directives re- the date of the publication of such report, mittee on the Judiciary of the House of Rep- ceived, combined, under this Act for con- except that with respect to a platform, prod- resentatives and the Select Committee on tents, reported in bands of 1000 starting with uct, or service for which a person did not Intelligence and the Committee on the Judi- 0–999; previously receive an order or directive (not ciary of the Senate’’; and ‘‘(D) the number of customer selectors tar- including an enhancement to or iteration of (2) in the second sentence, by striking ‘‘and geted under orders or directives received, an existing publicly available platform, the Committee on the Judiciary of the House combined, under this Act for contents re- product, or service) such report shall not in- of Representatives’’. ported in bands of 1000 starting with 0–999; clude any information relating to such new (c) PEN REGISTERS AND TRAP AND TRACE ‘‘(E) the number of orders received under order or directive until 540 days after the DEVICES.—Section 406(b) (50 U.S.C. 1846(b)) is this Act for noncontents, reported in bands date on which such new order or directive is amended— of 1000 starting with 0–999; and received. (1) in paragraph (2), by striking ‘‘; and’’ and ‘‘(F) the number of customer selectors tar- ‘‘(2) A report described in paragraph (3) of inserting a semicolon; geted under orders under this Act for non- subsection (a) shall include only information (2) in paragraph (3), by striking the period contents, reported in bands of 1000 starting relating to the previous 180 days. and inserting a semicolon; and with 0–999, pursuant to— ‘‘(3) A report described in paragraph (4) of (3) by adding at the end the following new ‘‘(i) title IV; subsection (a) shall include only information paragraphs: ‘‘(ii) title V with respect to applications for the 1-year period of time ending on the ‘‘(4) each department or agency on behalf described in section 501(b)(2)(B); and date that is not less than 1 year prior to the of which the Attorney General or a des- ‘‘(iii) title V with respect to applications date of the publication of such report. ignated attorney for the Government has described in section 501(b)(2)(C). made an application for an order authorizing ‘‘(c) OTHER FORMS OF AGREED TO PUBLICA- ‘‘(2) A semiannual report that aggregates or approving the installation and use of a TION.—Nothing in this section prohibits the the number of orders, directives, or national pen register or trap and trace device under Government and any person from jointly security letters with which the person was this title; and agreeing to the publication of information required to comply into separate categories ‘‘(5) for each department or agency de- referred to in this subsection in a time, form, of— scribed in paragraph (4), each number de- or manner other than as described in this ‘‘(A) the number of national security let- scribed in paragraphs (1), (2), and (3).’’. section. ters received, reported in bands of 500 start- (d) ACCESS TO CERTAIN BUSINESS RECORDS ing with 0–499; ‘‘(d) DEFINITIONS.—In this section: AND OTHER TANGIBLE THINGS.—Section 502(a) ‘‘(B) the number of customer selectors tar- ‘‘(1) CONTENTS.—The term ‘contents’ has (50 U.S.C. 1862(a)) is amended by striking geted by national security letters, reported the meaning given that term under section ‘‘Permanent Select Committee on Intel- in bands of 500 starting with 0–499; 2510 of title 18, United States Code. ligence of the House of Representatives and

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3355 the Select Committee on Intelligence and 106(j) (50 U.S.C. 1806(j)) is amended by strik- (B) in paragraph (1)(A)(ii), by inserting ‘‘, the Committee on the Judiciary of the Sen- ing ‘‘section 105(e)’’ and inserting ‘‘sub- including the territorial seas’’ after ‘‘in the ate’’ and inserting ‘‘Permanent Select Com- section (e) or (f) of section 105’’. United States’’; and mittee on Intelligence and the Committee on (c) REPORT TO CONGRESS.—Section 108(a)(2) (C) in paragraph (1)(A)(iii), by inserting ‘‘, the Judiciary of the House of Representa- (50 U.S.C. 1808(a)(2)) is amended— by a United States corporation or legal enti- tives and the Select Committee on Intel- (1) in subparagraph (B), by striking ‘‘and’’ ty,’’ after ‘‘by a national of the United ligence and the Committee on the Judiciary at the end; States’’; of the Senate’’. (2) in subparagraph (C), by striking the pe- (2) in subsection (c), by striking ‘‘section TITLE VII—ENHANCED NATIONAL riod at the end and inserting ‘‘; and’’; and 2(c)’’ and inserting ‘‘section 13(c)’’; SECURITY PROVISIONS (3) by adding at the end the following: (3) by striking subsection (d); SEC. 701. EMERGENCIES INVOLVING NON-UNITED ‘‘(D) the total number of authorizations (4) by striking subsection (e) and inserting STATES PERSONS. under section 105(f) and the total number of after subsection (c) the following: (a) IN GENERAL.—Section 105 (50 U.S.C. subsequent emergency employments of elec- ‘‘(d) DEFINITIONS.—As used in this section, 1805) is amended— tronic surveillance under section 105(e) or section 2280a, section 2281, and section 2281a, (1) by redesignating subsections (f), (g), (h), emergency physical searches pursuant to the term— and (i) as subsections (g), (h), (i), and (j), re- section 301(e).’’. ‘‘(1) ‘applicable treaty’ means— spectively; and SEC. 702. PRESERVATION OF TREATMENT OF ‘‘(A) the Convention for the Suppression of (2) by inserting after subsection (e) the fol- NON-UNITED STATES PERSONS Unlawful Seizure of Aircraft, done at The lowing: TRAVELING OUTSIDE THE UNITED Hague on 16 December 1970; ‘‘(f)(1) Notwithstanding any other provi- STATES AS AGENTS OF FOREIGN ‘‘(B) the Convention for the Suppression of POWERS. sion of this Act, the lawfully authorized tar- Unlawful Acts against the Safety of Civil Section 101(b)(1) is amended— geting of a non-United States person pre- Aviation, done at Montreal on 23 September (1) in subparagraph (A), by inserting before viously believed to be located outside the 1971; the semicolon at the end the following: ‘‘, ir- United States for the acquisition of foreign ‘‘(C) the Convention on the Prevention and respective of whether the person is inside the intelligence information may continue for a Punishment of Crimes against Internation- United States’’; and period not to exceed 72 hours from the time ally Protected Persons, including Diplomatic (2) in subparagraph (B)— that the non-United States person is reason- Agents, adopted by the General Assembly of (A) by striking ‘‘of such person’s presence ably believed to be located inside the United the United Nations on 14 December 1973; in the United States’’; and States and the acquisition is subject to this ‘‘(D) International Convention against the title or to title III of this Act, provided that (B) by striking ‘‘such activities in the Taking of Hostages, adopted by the General the head of an element of the intelligence United States’’ and inserting ‘‘such activi- Assembly of the United Nations on 17 De- community— ties’’. cember 1979; ‘‘(A) reasonably determines that a lapse in SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF ‘‘(E) the Convention on the Physical Pro- the targeting of such non-United States per- INTERNATIONAL PROLIFERATION tection of Nuclear Material, done at Vienna OF WEAPONS OF MASS DESTRUC- on 26 October 1979; son poses a threat of death or serious bodily TION. harm to any person; ‘‘(F) the Protocol for the Suppression of Section 101(b)(1) is further amended by Unlawful Acts of Violence at Airports Serv- ‘‘(B) promptly notifies the Attorney Gen- striking subparagraph (E) and inserting the eral of a determination under subparagraph ing International Civil Aviation, supple- following new subparagraph (E): mentary to the Convention for the Suppres- (A); and ‘‘(E) engages in the international prolifera- sion of Unlawful Acts against the Safety of ‘‘(C) requests, as soon as practicable, the tion of weapons of mass destruction, or ac- Civil Aviation, done at Montreal on 24 Feb- employment of emergency electronic surveil- tivities in preparation therefor, for or on be- ruary 1988; lance under subsection (e) or the employ- half of a foreign power, or knowingly aids or ‘‘(G) the Protocol for the Suppression of ment of an emergency physical search pursu- abets any person in the conduct of such pro- Unlawful Acts against the Safety of Fixed ant to section 304(e), as warranted. liferation or activities in preparation there- Platforms Located on the Continental Shelf, ‘‘(2) The authority under this subsection to for, or knowingly conspires with any person continue the acquisition of foreign intel- done at Rome on 10 March 1988; to engage in such proliferation or activities ‘‘(H) International Convention for the Sup- ligence information is limited to a period in preparation therefor; or’’. not to exceed 72 hours and shall cease upon pression of Terrorist Bombings, adopted by SEC. 704. INCREASE IN PENALTIES FOR MATE- the General Assembly of the United Nations the earlier of the following: RIAL SUPPORT OF FOREIGN TER- ‘‘(A) The employment of emergency elec- on 15 December 1997; and RORIST ORGANIZATIONS. ‘‘(I) International Convention for the Sup- tronic surveillance under subsection (e) or Section 2339B(a)(1) of title 18, United pression of the Financing of Terrorism, the employment of an emergency physical States Code, is amended by striking ‘‘15 adopted by the General Assembly of the search pursuant to section 304(e). years’’ and inserting ‘‘20 years’’. United Nations on 9 December 1999; ‘‘(B) An issuance of a court order under SEC. 705. SUNSETS. ‘‘(2) ‘armed conflict’ does not include inter- this title or title III of this Act. (a) USA PATRIOT IMPROVEMENT AND RE- nal disturbances and tensions, such as riots, ‘‘(C) The Attorney General provides direc- AUTHORIZATION ACT OF 2005.—Section 102(b)(1) isolated and sporadic acts of violence, and tion that the acquisition be terminated. of the USA PATRIOT Improvement and Re- other acts of a similar nature; ‘‘(D) The head of the element of the intel- authorization Act of 2005 (50 U.S.C. 1805 note) ‘‘(3) ‘biological weapon’ means— ligence community conducting the acquisi- is amended by striking ‘‘June 1, 2015’’ and in- ‘‘(A) microbial or other biological agents, tion determines that a request under para- serting ‘‘December 15, 2019’’. or toxins whatever their origin or method of graph (1)(C) is not warranted. (b) INTELLIGENCE REFORM AND TERRORISM production, of types and in quantities that ‘‘(E) When the threat of death or serious PREVENTION ACT OF 2004.—Section 6001(b)(1) have no justification for prophylactic, pro- bodily harm to any person is no longer rea- of the Intelligence Reform and Terrorism tective, or other peaceful purposes; or sonably believed to exist. Prevention Act of 2004 (50 U.S.C. 1801 note) is ‘‘(3) Nonpublicly available information ‘‘(B) weapons, equipment, or means of de- amended by striking ‘‘June 1, 2015’’ and in- livery designed to use such agents or toxins concerning unconsenting United States per- serting ‘‘December 15, 2019’’. sons acquired under this subsection shall not for hostile purposes or in armed conflict; (c) CONFORMING AMENDMENT.—Section ‘‘(4) ‘chemical weapon’ means, together or be disseminated during the 72 hour time pe- 102(b)(1) of the USA PATRIOT Improvement riod under paragraph (1) unless necessary to separately— and Reauthorization Act of 2005 (50 U.S.C. ‘‘(A) toxic chemicals and their precursors, investigate, reduce, or eliminate the threat 1805 note), as amended by subsection (a), is of death or serious bodily harm to any per- except where intended for— further amended by striking ‘‘sections 501, ‘‘(i) industrial, agricultural, research, med- son. 502, and’’ and inserting ‘‘title V and section’’. ‘‘(4) If the Attorney General declines to au- ical, pharmaceutical, or other peaceful pur- thorize the employment of emergency elec- TITLE VIII—SAFETY OF MARITIME NAVI- poses; tronic surveillance under subsection (e) or GATION AND NUCLEAR TERRORISM ‘‘(ii) protective purposes, namely those the employment of an emergency physical CONVENTIONS IMPLEMENTATION purposes directly related to protection search pursuant to section 304(e), or a court Subtitle A—Safety of Maritime Navigation against toxic chemicals and to protection order is not obtained under this title or title SEC. 801. AMENDMENT TO SECTION 2280 OF against chemical weapons; III of this Act, information obtained during TITLE 18, UNITED STATES CODE. ‘‘(iii) military purposes not connected with the 72 hour acquisition time period under Section 2280 of title 18, United States Code, the use of chemical weapons and not depend- paragraph (1) shall not be retained, except is amended— ent on the use of the toxic properties of with the approval of the Attorney General if (1) in subsection (b)— chemicals as a method of warfare; or the information indicates a threat of death (A) in paragraph (1)(A)(i), by striking ‘‘a ‘‘(iv) law enforcement including domestic or serious bodily harm to any person. ship flying the flag of the United States’’ and riot control purposes, ‘‘(5) Paragraphs (5) and (6) of subsection (e) inserting ‘‘a vessel of the United States or a as long as the types and quantities are con- shall apply to this subsection.’’. vessel subject to the jurisdiction of the sistent with such purposes; (b) NOTIFICATION OF EMERGENCY EMPLOY- United States (as defined in section 70502 of ‘‘(B) munitions and devices, specifically de- MENT OF ELECTRONIC SURVEILLANCE.—Section title 46)’’; signed to cause death or other harm through

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3356 CONGRESSIONAL RECORD — SENATE May 31, 2015 the toxic properties of those toxic chemicals ‘‘(21) ‘territorial sea of the United States’ ‘‘(A) when the purpose of the act, by its na- specified in subparagraph (A), which would means all waters extending seaward to 12 ture or context, is to intimidate a popu- be released as a result of the employment of nautical miles from the baselines of the lation, or to compel a government or an such munitions and devices; and United States determined in accordance with international organization to do or to ab- ‘‘(C) any equipment specifically designed international law; stain from doing any act— for use directly in connection with the em- ‘‘(22) ‘toxic chemical’ has the meaning ‘‘(i) uses against or on a ship or discharges ployment of munitions and devices specified given the term in section 229F(8)(A) of this from a ship any explosive or radioactive ma- in subparagraph (B); title; terial, biological, chemical, or nuclear weap- ‘‘(5) ‘covered ship’ means a ship that is ‘‘(23) ‘transport’ means to initiate, arrange on or other nuclear explosive device in a navigating or is scheduled to navigate into, or exercise effective control, including deci- manner that causes or is likely to cause through or from waters beyond the outer sionmaking authority, over the movement of death to any person or serious injury or limit of the territorial sea of a single coun- a person or item; and damage; try or a lateral limit of that country’s terri- ‘‘(24) ‘United States’, when used in a geo- ‘‘(ii) discharges from a ship oil, liquefied torial sea with an adjacent country; graphical sense, includes the Commonwealth natural gas, or another hazardous or noxious ‘‘(6) ‘explosive material’ has the meaning of Puerto Rico, the Commonwealth of the substance that is not covered by clause (i), in given the term in section 841(c) and includes Northern Mariana Islands, and all territories such quantity or concentration that causes explosive as defined in section 844(j) of this and possessions of the United States.’’; and or is likely to cause death to any person or title; (5) by inserting after subsection (d) (as serious injury or damage; or ‘‘(7) ‘infrastructure facility’ has the mean- added by paragraph (4) of this section) the ‘‘(iii) uses a ship in a manner that causes ing given the term in section 2332f(e)(5) of following: death to any person or serious injury or this title; ‘‘(e) EXCEPTIONS.—This section shall not damage; ‘‘(8) ‘international organization’ has the apply to— ‘‘(B) transports on board a ship— meaning given the term in section 831(f)(3) of ‘‘(1) the activities of armed forces during ‘‘(i) any explosive or radioactive material, this title; an armed conflict, as those terms are under- knowing that it is intended to be used to ‘‘(9) ‘military forces of a state’ means the stood under the law of war, which are gov- cause, or in a threat to cause, death to any armed forces of a state which are organized, erned by that law; or trained, and equipped under its internal law person or serious injury or damage for the ‘‘(2) activities undertaken by military purpose of intimidating a population, or for the primary purpose of national defense forces of a state in the exercise of their offi- or security, and persons acting in support of compelling a government or an international cial duties. organization to do or to abstain from doing those armed forces who are under their for- ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.— mal command, control, and responsibility; any act; The master of a covered ship flying the flag ‘‘(ii) any biological, chemical, or nuclear ‘‘(10) ‘national of the United States’ has of the United States who has reasonable the meaning stated in section 101(a)(22) of weapon or other nuclear explosive device, grounds to believe that there is on board knowing it to be a biological, chemical, or the Immigration and Nationality Act (8 that ship any person who has committed an U.S.C. 1101(a)(22)); nuclear weapon or other nuclear explosive offense under section 2280 or section 2280a device; ‘‘(11) ‘Non-Proliferation Treaty’ means the may deliver such person to the authorities of Treaty on the Non-Proliferation of Nuclear ‘‘(iii) any source material, special fission- a country that is a party to the Convention able material, or equipment or material es- Weapons, done at Washington, London, and for the Suppression of Unlawful Acts against Moscow on 1 July 1968; pecially designed or prepared for the proc- the Safety of Maritime Navigation. Before essing, use, or production of special fission- ‘‘(12) ‘Non-Proliferation Treaty State delivering such person to the authorities of Party’ means any State Party to the Non- able material, knowing that it is intended to another country, the master shall notify in be used in a nuclear explosive activity or in Proliferation Treaty, to include Taiwan, an appropriate manner the Attorney General which shall be considered to have the obliga- any other nuclear activity not under safe- of the United States of the alleged offense guards pursuant to an International Atomic tions under the Non-Proliferation Treaty of and await instructions from the Attorney a party to that treaty other than a Nuclear Energy Agency comprehensive safeguards General as to what action to take. When de- Weapon State Party to the Non-Proliferation agreement, except where— livering the person to a country which is a Treaty; ‘‘(I) such item is transported to or from the state party to the Convention, the master ‘‘(13) ‘Nuclear Weapon State Party to the territory of, or otherwise under the control shall, whenever practicable, and if possible Non-Proliferation Treaty’ means a State of, a Non-Proliferation Treaty State Party; before entering the territorial sea of such Party to the Non-Proliferation Treaty that and country, notify the authorities of such coun- is a nuclear-weapon State, as that term is ‘‘(II) the resulting transfer or receipt (in- try of the master’s intention to deliver such defined in Article IX(3) of the Non-Prolifera- cluding internal to a country) is not con- person and the reasons therefor. If the mas- tion Treaty; trary to the obligations under the Non-Pro- ter delivers such person, the master shall ‘‘(14) ‘place of public use’ has the meaning liferation Treaty of the Non-Proliferation given the term in section 2332f(e)(6) of this furnish to the authorities of such country Treaty State Party from which, to the terri- title; the evidence in the master’s possession that tory of which, or otherwise under the control ‘‘(15) ‘precursor’ has the meaning given the pertains to the alleged offense. of which such item is transferred; ‘‘(g)(1) CIVIL FORFEITURE.—Any real or per- term in section 229F(6)(A) of this title; ‘‘(iv) any equipment, materials, or soft- ‘‘(16) ‘public transport system’ has the sonal property used or intended to be used to ware or related technology that significantly meaning given the term in section 2332f(e)(7) commit or to facilitate the commission of a contributes to the design or manufacture of of this title; violation of this section, the gross proceeds a nuclear weapon or other nuclear explosive ‘‘(17) ‘serious injury or damage’ means— of such violation, and any real or personal device, with the intention that it will be ‘‘(A) serious bodily injury, property traceable to such property or pro- used for such purpose, except where— ‘‘(B) extensive destruction of a place of ceeds, shall be subject to forfeiture. ‘‘(I) the country to the territory of which ‘‘(2) APPLICABLE PROCEDURES.—Seizures public use, State or government facility, in- or under the control of which such item is and forfeitures under this section shall be frastructure facility, or public transpor- transferred is a Nuclear Weapon State Party governed by the provisions of chapter 46 of tation system, resulting in major economic to the Non-Proliferation Treaty; and title 18, United States Code, relating to civil loss, or ‘‘(II) the resulting transfer or receipt (in- forfeitures, except that such duties as are ‘‘(C) substantial damage to the environ- cluding internal to a country) is not con- imposed upon the Secretary of the Treasury ment, including air, soil, water, fauna, or trary to the obligations under the Non-Pro- under the customs laws described in section flora; liferation Treaty of a Non-Proliferation 981(d) shall be performed by such officers, ‘‘(18) ‘ship’ means a vessel of any type Treaty State Party from which, to the terri- agents, and other persons as may be des- whatsoever not permanently attached to the tory of which, or otherwise under the control ignated for that purpose by the Secretary of sea-bed, including dynamically supported of which such item is transferred; Homeland Security, the Attorney General, craft, submersibles, or any other floating ‘‘(v) any equipment, materials, or software or the Secretary of Defense.’’. craft, but does not include a warship, a ship or related technology that significantly con- owned or operated by a government when SEC. 802. NEW SECTION 2280A OF TITLE 18, tributes to the delivery of a nuclear weapon being used as a naval auxiliary or for cus- UNITED STATES CODE. or other nuclear explosive device, with the toms or police purposes, or a ship which has (a) IN GENERAL.—Chapter 111 of title 18, intention that it will be used for such pur- been withdrawn from navigation or laid up; United States Code, is amended by adding pose, except where— ‘‘(19) ‘source material’ has the meaning after section 2280 the following new section: ‘‘(I) such item is transported to or from the given that term in the International Atomic ‘‘§ 2280a. Violence against maritime naviga- territory of, or otherwise under the control Energy Agency Statute, done at New York tion and maritime transport involving of, a Non-Proliferation Treaty State Party; on 26 October 1956; weapons of mass destruction and ‘‘(20) ‘special fissionable material’ has the ‘‘(a) OFFENSES.— ‘‘(II) such item is intended for the delivery meaning given that term in the Inter- ‘‘(1) IN GENERAL.—Subject to the excep- system of a nuclear weapon or other nuclear national Atomic Energy Agency Statute, tions in subsection (c), a person who unlaw- explosive device of a Nuclear Weapon State done at New York on 26 October 1956; fully and intentionally— Party to the Non-Proliferation Treaty; or

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3357 ‘‘(vi) any equipment, materials, or soft- forfeitures, except that such duties as are ‘‘(A) that is located on the continental ware or related technology that significantly imposed upon the Secretary of the Treasury shelf of the United States; contributes to the design, manufacture, or under the customs laws described in section ‘‘(B) that is located on the continental delivery of a biological or chemical weapon, 981(d) shall be performed by such officers, shelf of another country, by a national of the with the intention that it will be used for agents, and other persons as may be des- United States or by a stateless person whose such purpose; ignated for that purpose by the Secretary of habitual residence is in the United States; or ‘‘(C) transports another person on board a Homeland Security, the Attorney General, ‘‘(C) in an attempt to compel the United ship knowing that the person has committed or the Secretary of Defense.’’. States to do or abstain from doing any act; an act that constitutes an offense under sec- (b) CONFORMING AMENDMENT.—The table of ‘‘(2) during the commission of such activ- tion 2280 or subparagraph (A), (B), (D), or (E) sections at the beginning of chapter 111 of ity against or on board a fixed platform lo- of this section or an offense set forth in an title 18, United States Code, is amended by cated on a continental shelf, a national of applicable treaty, as specified in section adding after the item relating to section 2280 the United States is seized, threatened, in- 2280(d)(1), and intending to assist that person the following new item: jured, or killed; or to evade criminal prosecution; ‘‘2280a. Violence against maritime naviga- ‘‘(3) such activity is committed against or ‘‘(D) injures or kills any person in connec- tion and maritime transport in- on board a fixed platform located outside the tion with the commission or the attempted volving weapons of mass de- United States and beyond the continental commission of any of the offenses set forth struction.’’. shelf of the United States and the offender is in subparagraphs (A) through (C), or sub- SEC. 803. AMENDMENTS TO SECTION 2281 OF later found in the United States. section (a)(2), to the extent that the sub- TITLE 18, UNITED STATES CODE. ‘‘(c) EXCEPTIONS.—This section does not section (a)(2) offense pertains to subpara- Section 2281 of title 18, United States Code, apply to— graph (A); or is amended— ‘‘(1) the activities of armed forces during ‘‘(E) attempts to do any act prohibited (1) in subsection (c), by striking ‘‘section an armed conflict, as those terms are under- under subparagraph (A), (B) or (D), or con- 2(c)’’ and inserting ‘‘section 13(c)’’; stood under the law of war, which are gov- spires to do any act prohibited by subpara- (2) in subsection (d), by striking the defini- erned by that law; or graphs (A) through (E) or subsection (a)(2), tions of ‘‘national of the United States,’’ ‘‘(2) activities undertaken by military shall be fined under this title, imprisoned ‘‘territorial sea of the United States,’’ and forces of a state in the exercise of their offi- not more than 20 years, or both; and if the ‘‘United States’’; and cial duties. death of any person results from conduct (3) by inserting after subsection (d) the fol- ‘‘(d) DEFINITIONS.—In this section— prohibited by this paragraph, shall be im- lowing: ‘‘(1) ‘continental shelf’ means the sea-bed prisoned for any term of years or for life. ‘‘(e) EXCEPTIONS.—This section does not and subsoil of the submarine areas that ex- ‘‘(2) THREATS.—A person who threatens, apply to— tend beyond a country’s territorial sea to with apparent determination and will to ‘‘(1) the activities of armed forces during the limits provided by customary inter- carry the threat into execution, to do any an armed conflict, as those terms are under- national law as reflected in Article 76 of the act prohibited under paragraph (1)(A) shall stood under the law of war, which are gov- 1982 Convention on the Law of the Sea; and be fined under this title, imprisoned not erned by that law; or ‘‘(2) ‘fixed platform’ means an artificial is- more than 5 years, or both. ‘‘(2) activities undertaken by military land, installation, or structure permanently ‘‘(b) JURISDICTION.—There is jurisdiction forces of a state in the exercise of their offi- attached to the sea-bed for the purpose of ex- over the activity prohibited in subsection cial duties.’’. ploration or exploitation of resources or for (a)— SEC. 804. NEW SECTION 2281A OF TITLE 18, other economic purposes.’’. ‘‘(1) in the case of a covered ship, if— UNITED STATES CODE. (b) CONFORMING AMENDMENT.—The table of ‘‘(A) such activity is committed— (a) IN GENERAL.—Chapter 111 of title 18, sections at the beginning of chapter 111 of ‘‘(i) against or on board a vessel of the United States Code, is amended by adding title 18, United States Code, is amended by United States or a vessel subject to the juris- after section 2281 the following new section: adding after the item relating to section 2281 the following new item: diction of the United States (as defined in ‘‘§ 2281a. Additional offenses against maritime section 70502 of title 46) at the time the pro- fixed platforms ‘‘2281a. Additional offenses against maritime hibited activity is committed; fixed platforms.’’. ‘‘(a) OFFENSES.— ‘‘(ii) in the United States, including the SEC. 805. ANCILLARY MEASURE. ‘‘(1) IN GENERAL.—A person who unlawfully territorial seas; or Section 2332b(g)(5)(B) of title 18, United and intentionally— ‘‘(iii) by a national of the United States, by States Code, is amended by inserting ‘‘2280a ‘‘(A) when the purpose of the act, by its na- a United States corporation or legal entity, (relating to maritime safety),’’ before ‘‘2281’’, ture or context, is to intimidate a popu- or by a stateless person whose habitual resi- and by striking ‘‘2281’’ and inserting ‘‘2281 lation, or to compel a government or an dence is in the United States; through 2281a’’. international organization to do or to ab- ‘‘(B) during the commission of such activ- stain from doing any act— Subtitle B—Prevention of Nuclear Terrorism ity, a national of the United States is seized, ‘‘(i) uses against or on a fixed platform or SEC. 811. NEW SECTION 2332I OF TITLE 18, threatened, injured, or killed; or discharges from a fixed platform any explo- UNITED STATES CODE. ‘‘(C) the offender is later found in the sive or radioactive material, biological, (a) IN GENERAL.—Chapter 113B of title 18, United States after such activity is com- chemical, or nuclear weapon in a manner United States Code, is amended by adding mitted; that causes or is likely to cause death or se- after section 2332h the following: ‘‘(2) in the case of a ship navigating or rious injury or damage; or ‘‘§ 2332i. Acts of nuclear terrorism scheduled to navigate solely within the terri- ‘‘(ii) discharges from a fixed platform oil, ‘‘(a) OFFENSES.— torial sea or internal waters of a country liquefied natural gas, or another hazardous ‘‘(1) IN GENERAL.—Whoever knowingly and other than the United States, if the offender or noxious substance that is not covered by unlawfully— is later found in the United States after such clause (i), in such quantity or concentration ‘‘(A) possesses radioactive material or activity is committed; or that causes or is likely to cause death or se- makes or possesses a device— ‘‘(3) in the case of any vessel, if such activ- rious injury or damage; ‘‘(i) with the intent to cause death or seri- ity is committed in an attempt to compel ‘‘(B) injures or kills any person in connec- ous bodily injury; or the United States to do or abstain from tion with the commission or the attempted ‘‘(ii) with the intent to cause substantial doing any act. commission of any of the offenses set forth damage to property or the environment; or ‘‘(c) EXCEPTIONS.—This section shall not apply to— in subparagraph (A); or ‘‘(B) uses in any way radioactive material ‘‘(1) the activities of armed forces during ‘‘(C) attempts or conspires to do anything or a device, or uses or damages or interferes an armed conflict, as those terms are under- prohibited under subparagraph (A) or (B), with the operation of a nuclear facility in a stood under the law of war, which are gov- shall be fined under this title, imprisoned manner that causes the release of or in- erned by that law; or not more than 20 years, or both; and if death creases the risk of the release of radioactive ‘‘(2) activities undertaken by military results to any person from conduct prohib- material, or causes radioactive contamina- forces of a state in the exercise of their offi- ited by this paragraph, shall be imprisoned tion or exposure to radiation— cial duties. for any term of years or for life. ‘‘(i) with the intent to cause death or seri- ‘‘(d)(1) CIVIL FORFEITURE.—Any real or per- ‘‘(2) THREAT TO SAFETY.—A person who ous bodily injury or with the knowledge that sonal property used or intended to be used to threatens, with apparent determination and such act is likely to cause death or serious commit or to facilitate the commission of a will to carry the threat into execution, to do bodily injury; violation of this section, the gross proceeds any act prohibited under paragraph (1)(A), ‘‘(ii) with the intent to cause substantial of such violation, and any real or personal shall be fined under this title, imprisoned damage to property or the environment or property traceable to such property or pro- not more than 5 years, or both. with the knowledge that such act is likely to ceeds, shall be subject to forfeiture. ‘‘(b) JURISDICTION.—There is jurisdiction cause substantial damage to property or the ‘‘(2) APPLICABLE PROCEDURES.—Seizures over the activity prohibited in subsection (a) environment; or and forfeitures under this section shall be if— ‘‘(iii) with the intent to compel a person, governed by the provisions of chapter 46 of ‘‘(1) such activity is committed against or an international organization or a country title 18, United States Code, relating to civil on board a fixed platform— to do or refrain from doing an act,

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3358 CONGRESSIONAL RECORD — SENATE May 31, 2015 shall be punished as prescribed in subsection jects for use as an energy source in order to (c) in subsection (c)— (c). propel such vessels, vehicles, aircraft or (1) in subparagraph (2)(A), by adding after ‘‘(2) THREATS.—Whoever, under cir- space objects or for any other purpose; ‘‘United States’’ the following: ‘‘or a state- cumstances in which the threat may reason- ‘‘(B) any plant or conveyance being used less person whose habitual residence is in the ably be believed, threatens to commit an of- for the production, storage, processing or United States’’; fense under paragraph (1) shall be punished transport of radioactive material; or (2) by striking paragraph (5); as prescribed in subsection (c). Whoever de- ‘‘(C) a facility (including associated build- (3) in paragraph (4), by striking ‘‘or’’ at the mands possession of or access to radioactive ings and equipment) in which nuclear mate- end; and material, a device or a nuclear facility by rial is produced, processed, used, handled, (4) by inserting after paragraph (4), the fol- threat or by use of force shall be punished as stored or disposed of, if damage to or inter- lowing: prescribed in subsection (c). ference with such facility could lead to the ‘‘(5) the offense is committed on board a ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Who- release of significant amounts of radiation or vessel of the United States or a vessel sub- ever attempts to commit an offense under radioactive material; ject to the jurisdiction of the United States paragraph (1) or conspires to commit an of- ‘‘(7) ‘nuclear material’ has the meaning (as defined in section 70502 of title 46) or on fense under paragraph (1) or (2) shall be pun- given that term in section 831(f)(1) of this board an aircraft that is registered under ished as prescribed in subsection (c). title; United States law, at the time the offense is ‘‘(b) JURISDICTION.—Conduct prohibited by ‘‘(8) ‘radioactive material’ means nuclear committed; subsection (a) is within the jurisdiction of material and other radioactive substances ‘‘(6) the offense is committed outside the the United States if— that contain nuclides that undergo sponta- United States and against any state or gov- ‘‘(1) the prohibited conduct takes place in neous disintegration (a process accompanied ernment facility of the United States; or the United States or the special aircraft ju- by emission of one or more types of ionizing ‘‘(7) the offense is committed in an attempt risdiction of the United States; radiation, such as alpha-, beta-, neutron par- to compel the United States to do or abstain ‘‘(2) the prohibited conduct takes place ticles and gamma rays) and that may, owing from doing any act, or constitutes a threat outside of the United States and— to their radiological or fissile properties, directed at the United States.’’; ‘‘(A) is committed by a national of the cause death, serious bodily injury or sub- (d) by redesignating subsections (d) United States, a United States corporation stantial damage to property or to the envi- through (f) as (e) through (g), respectively; or legal entity or a stateless person whose ronment; (e) by inserting after subsection (c) the fol- habitual residence is in the United States; ‘‘(9) ‘serious bodily injury’ has the meaning lowing: ‘‘(B) is committed on board a vessel of the given that term in section 831(f)(4) of this ‘‘(d) NONAPPLICABILITY.—This section does United States or a vessel subject to the juris- title; not apply to— diction of the United States (as defined in ‘‘(10) ‘state’ has the same meaning as that ‘‘(1) the activities of armed forces during section 70502 of title 46) or on board an air- term has under international law, and in- an armed conflict, as those terms are under- craft that is registered under United States cludes all political subdivisions thereof; stood under the law of war, which are gov- law, at the time the offense is committed; or ‘‘(11) ‘state or government facility’ has the erned by that law; or ‘‘(C) is committed in an attempt to compel meaning given that term in section ‘‘(2) activities undertaken by military the United States to do or abstain from 2332f(e)(3) of this title; forces of a state in the exercise of their offi- doing any act, or constitutes a threat di- ‘‘(12) ‘United States corporation or legal cial duties.’’; and rected at the United States; entity’ means any corporation or other enti- (f) in subsection (g), as redesignated— ‘‘(3) the prohibited conduct takes place ty organized under the laws of the United (1) in paragraph (6), by striking ‘‘and’’ at outside of the United States and a victim or States or any State, Commonwealth, terri- the end; an intended victim is a national of the tory, possession or district of the United (2) in paragraph (7), by striking the period United States or a United States corporation States; at the end and inserting a semicolon; and or legal entity, or the offense is committed ‘‘(13) ‘vessel’ has the meaning given that (3) by inserting after paragraph (7), the fol- against any state or government facility of term in section 1502(19) of title 33; and lowing: the United States; or ‘‘(14) ‘vessel of the United States’ has the ‘‘(8) the term ‘armed conflict’ has the ‘‘(4) a perpetrator of the prohibited con- meaning given that term in section 70502 of meaning given that term in section duct is found in the United States. title 46.’’. 2332f(e)(11) of this title; ‘‘(c) PENALTIES.—Whoever violates this (b) CLERICAL AMENDMENT.—The table of section shall be fined not more than ‘‘(9) the term ‘military forces of a state’ sections at the beginning of chapter 113B of means the armed forces of a country that are $2,000,000 and shall be imprisoned for any title 18, United States Code, is amended by term of years or for life. organized, trained and equipped under its in- inserting after the item relating to section ternal law for the primary purpose of na- ‘‘(d) NONAPPLICABILITY.—This section does 2332h the following: not apply to— tional defense or security and persons acting ‘‘(1) the activities of armed forces during ‘‘2332i. Acts of nuclear terrorism.’’. in support of those armed forces who are (c) DISCLAIMER.—Nothing contained in this an armed conflict, as those terms are under- under their formal command, control and re- section is intended to affect the applicability sponsibility; stood under the law of war, which are gov- of any other Federal or State law that might erned by that law; or ‘‘(10) the term ‘state’ has the same mean- pertain to the underlying conduct. ing as that term has under international ‘‘(2) activities undertaken by military (d) INCLUSION IN DEFINITION OF FEDERAL law, and includes all political subdivisions forces of a state in the exercise of their offi- CRIMES OF TERRORISM.—Section thereof; cial duties. 2332b(g)(5)(B) of title 18, United States Code, ‘‘(e) DEFINITIONS.—As used in this section, is amended by inserting ‘‘2332i (relating to ‘‘(11) the term ‘state or government facil- the term— acts of nuclear terrorism),’’ before ‘‘2339 (re- ity’ has the meaning given that term in sec- ‘‘(1) ‘armed conflict’ has the meaning given lating to harboring terrorists)’’. tion 2332f(e)(3) of this title; and ‘‘(12) the term ‘vessel of the United States’ that term in section 2332f(e)(11) of this title; SEC. 812. AMENDMENT TO SECTION 831 OF TITLE ‘‘(2) ‘device’ means: 18, UNITED STATES CODE. has the meaning given that term in section ‘‘(A) any nuclear explosive device; or Section 831 of title 18, United States Code, 70502 of title 46.’’. ‘‘(B) any radioactive material dispersal or is amended— radiation-emitting device that may, owing (a) in subsection (a)— SA 1450. Mr. MCCONNELL proposed to its radiological properties, cause death, (1) by redesignating paragraphs (3) through an amendment to amendment SA 1449 serious bodily injury or substantial damage (8) as paragraphs (4) through (9); proposed by Mr. MCCONNELL (for him- to property or the environment; (2) by inserting after paragraph (2) the fol- self and Mr. BURR) to the bill H.R. 2048, ‘‘(3) ‘international organization’ has the lowing: to reform the authorities of the Fed- meaning given that term in section 831(f)(3) ‘‘(3) without lawful authority, inten- of this title; tionally carries, sends or moves nuclear ma- eral Government to require the produc- ‘‘(4) ‘military forces of a state’ means the terial into or out of a country;’’; tion of certain business records, con- armed forces of a country that are organized, (3) in paragraph (8), as redesignated, by duct electronic surveillance, use pen trained and equipped under its internal law striking ‘‘an offense under paragraph (1), (2), registers and trap and trace devices, for the primary purpose of national defense (3), or (4)’’ and inserting ‘‘any act prohibited and use other forms of information or security and persons acting in support of under paragraphs (1) through (5)’’; and gathering for foreign intelligence, those armed forces who are under their for- (4) in paragraph (9), as redesignated, by counterterrorism, and criminal pur- mal command, control and responsibility; striking ‘‘an offense under paragraph (1), (2), poses, and for other purposes; as fol- ‘‘(5) ‘national of the United States’ has the (3), or (4)’’ and inserting ‘‘any act prohibited meaning given that term in section 101(a)(22) under paragraphs (1) through (7)’’; lows: of the Immigration and Nationality Act (8 (b) in subsection (b)— Strike Sec. 110(a) and insert the following: U.S.C. 1101(a)(22)); (1) in paragraph (1), by striking ‘‘(7)’’ and (a) IN GENERAL.—The amendments made by ‘‘(6) ‘nuclear facility’ means: inserting ‘‘(8)’’; and sections 101 through 103 shall take effect on ‘‘(A) any nuclear reactor, including reac- (2) in paragraph (2), by striking ‘‘(8)’’ and the date that is 12 months after the date of tors on vessels, vehicles, aircraft or space ob- inserting ‘‘(9)’’; the enactment of this Act.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.011 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3359 SA 1451. Mr. MCCONNELL proposed ‘‘(j) REVIEW OF FISA COURT DECISIONS.— TITLE V—NATIONAL SECURITY LETTER an amendment to amendment SA 1450 Following issuance of an order under this REFORM proposed by Mr. MCCONNELL to the Act, a court established under subsection (a) 501. Prohibition on bulk collection. amendment SA 1449 proposed by Mr. shall certify for review to the court estab- 502. Limitations on disclosure of national se- lished under subsection (b) any question of MCCONNELL (for himself and Mr. BURR) curity letters. law that may affect resolution of the matter 503. Judicial review. to the bill H.R. 2048, to reform the au- in controversy that the court determines thorities of the Federal Government to TITLE VI—FISA TRANSPARENCY AND warrants such review because of a need for REPORTING REQUIREMENTS require the production of certain busi- uniformity or because consideration by the ness records, conduct electronic sur- 601. Additional reporting on orders requiring court established under subsection (b) would production of business records; veillance, use pen registers and trap serve the interests of justice. Upon certifi- business records compliance re- and trace devices, and use other forms cation of a question of law under this sub- ports to Congress. of information gathering for foreign in- section, the court established under sub- 602. Annual reports by the Government. telligence, counterterrorism, and section (b) may give binding instructions or 603. Public reporting by persons subject to criminal purposes, and for other pur- require the entire record to be sent up for de- FISA orders. poses; as follows: cision of the entire matter in controversy. 604. Reporting requirements for decisions, or- ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- At the end, add the following: ders, and opinions of the For- CISIONS.— eign Intelligence Surveillance (b) NONEFFECT OF CERTAIN PROVISIONS.— ‘‘(1) CERTIFICATION.—For purposes of sec- Section 401 of this Act, relating to appoint- Court and the Foreign Intel- tion 1254(2) of title 28, United States Code, ligence Surveillance Court of ment of amicus curiae, shall have no force or the court of review established under sub- effect. Review. section (b) shall be considered to be a court 605. Submission of reports under FISA. SEC. 110A. APPOINTMENT OF AMICUS CURIAE. of appeals. Section 103 (50 U.S.C. 1803) is amended by TITLE VII—ENHANCED NATIONAL ‘‘(2) AMICUS CURIAE BRIEFING.—Upon cer- SECURITY PROVISIONS adding at the end the following new sub- tification of an application under paragraph sections: (1), the Supreme Court of the United States 701. Emergencies involving non-United ‘‘(i) AMICUS CURIAE.— may appoint an amicus curiae designated States persons. ‘‘(1) AUTHORIZATION.—A court established under subsection (i)(3), or any other person, 702. Preservation of treatment of non-United under subsection (a) or (b) is authorized, con- to provide briefing or other assistance.’’. States persons traveling out- sistent with the requirement of subsection side the United States as agents (c) and any other statutory requirement that SA 1452. Mr. MCCONNELL (for him- of foreign powers. the court act expeditiously or within a stat- 703. Improvement to investigations of inter- self and Mr. BURR) proposed an amend- ed time— national proliferation of weap- ‘‘(A) to appoint amicus curiae to— ment to the bill H.R. 2048, to reform ons of mass destruction. ‘‘(i) assist the court in the consideration of the authorities of the Federal Govern- 704. Increase in penalties for material sup- any application for an order or review that, ment to require the production of cer- port of foreign terrorist organi- in the opinion of the court, presents a novel tain business records, conduct elec- zations. or significant interpretation of the law; or tronic surveillance, use pen registers 705. Sunsets. ‘‘(ii) provide technical expertise in any in- and trap and trace devices, and use TITLE VIII—SAFETY OF MARITIME NAVI- stance the court considers appropriate; or GATION AND NUCLEAR TERRORISM ‘‘(B) upon motion, to permit an individual other forms of information gathering for foreign intelligence, counterter- CONVENTIONS IMPLEMENTATION or organization leave to file an amicus cu- Subtitle A—Safety of Maritime Navigation riae brief. rorism, and criminal purposes, and for 801. Amendment to section 2280 of title 18, ‘‘(2) DESIGNATION.—The courts established other purposes; as follows: United States Code. by subsection (a) and (b) shall each designate Strike all after the first word and insert 802. New section 2280a of title 18, United 1 or more individuals who may be appointed the following: to serve as amicus curiae and who are deter- States Code. 1. SHORT TITLE; TABLE OF CONTENTS. 803. Amendments to section 2281 of title 18, mined to be eligible for access to classified (a) SHORT TITLE.—This Act may be cited as United States Code. national security information necessary to the ‘‘Uniting and Strengthening America by 804. New section 2281a of title 18, United participate in matters before such courts (if Fulfilling Rights and Ensuring Effective Dis- States Code. such access is necessary for participation in cipline Over Monitoring Act of 2015’’ or the 805. Ancillary measure. the matters for which they may be ap- ‘‘USA FREEDOM Act of 2015’’. Subtitle B—Prevention of Nuclear Terrorism pointed). In appointing an amicus curiae pur- (b) TABLE OF CONTENTS.—The table of con- suant to paragraph (1), the court may choose tents for this Act is as follows: 811. New section 2332i of title 18, United from among those so designated. States Code. 1. Short title; table of contents. 812. Amendment to section 831 of title 18, ‘‘(3) EXPERTISE.—An individual appointed 2. Amendments to the Foreign Intelligence United States Code. as an amicus curiae under paragraph (1) may Surveillance Act of 1978. be an individual who possesses expertise on SEC. 2. AMENDMENTS TO THE FOREIGN INTEL- TITLE I—FISA BUSINESS RECORDS LIGENCE SURVEILLANCE ACT OF privacy and civil liberties, intelligence col- REFORMS lection, communications technology, or any 1978. other area that may lend legal or technical 101. Additional requirements for call detail Except as otherwise expressly provided, expertise to the court. records. whenever in this Act an amendment or re- 102. Emergency authority. ‘‘(4) DUTIES.—An amicus curiae appointed peal is expressed in terms of an amendment 103. Prohibition on bulk collection of tan- under paragraph (1) to assist with the consid- to, or a repeal of, a section or other provi- gible things. eration of a covered matter shall carry out sion, the reference shall be considered to be 104. Judicial review. made to a section or other provision of the the duties assigned by the appointing court. 105. Liability protection. That court may authorize the amicus curiae Foreign Intelligence Surveillance Act of 1978 106. Compensation for assistance. (50 U.S.C. 1801 et seq.). to review any application, certification, peti- 107. Notice to the Attorney General on tion, motion, or other submission that the changes in retention of call de- TITLE I—FISA BUSINESS RECORDS court determines is relevant to the duties as- tail records. REFORMS signed by the court. 108. Definitions. SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL ‘‘(5) NOTIFICATION.—A court established 109. Inspector General reports on business DETAIL RECORDS. under subsection (a) or (b) shall notify the records orders. (a) APPLICATION.—Section 501(b)(2) (50 Attorney General of each exercise of the au- 110. Effective date. U.S.C. 1861(b)(2)) is amended— thority to appoint an amicus curiae under 111. Rule of construction. (1) in subparagraph (A)— paragraph (1). TITLE II—FISA PEN REGISTER AND (A) in the matter preceding clause (i), by ‘‘(6) ASSISTANCE.—A court established TRAP AND TRACE DEVICE REFORM striking ‘‘a statement’’ and inserting ‘‘in the under subsection (a) or (b) may request and 201. Prohibition on bulk collection. case of an application other than an applica- receive (including on a non-reimbursable 202. Privacy procedures. tion described in subparagraph (C) (including basis) the assistance of the executive branch TITLE III—FISA ACQUISITIONS TAR- an application for the production of call de- in the implementation of this subsection. GETING PERSONS OUTSIDE THE tail records other than in the manner de- DMINISTRATION.—A court established ‘‘(7) A UNITED STATES REFORMS scribed in subparagraph (C)), a statement’’; under subsection (a) or (b) may provide for and the designation, appointment, removal, 301. Limits on use of unlawfully obtained in- (B) in clause (iii), by striking ‘‘; and’’ and training, or other support of an amicus cu- formation. inserting a semicolon; riae appointed under paragraph (1) in a man- TITLE IV—FOREIGN INTELLIGENCE (2) by redesignating subparagraphs (A) and ner that is not inconsistent with this sub- SURVEILLANCE COURT REFORMS (B) as subparagraphs (B) and (D), respec- section. 401. Appointment of amicus curiae. tively; and

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.013 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3360 CONGRESSIONAL RECORD — SENATE May 31, 2015 (3) by inserting after subparagraph (B) (as tangible things before an order authorizing serting before subparagraph (B), as redesig- so redesignated) the following new subpara- such production can with due diligence be nated by such section 101(a) of this Act, the graph: obtained; following new subparagraph: ‘‘(C) in the case of an application for the ‘‘(B) reasonably determines that the fac- ‘‘(A) a specific selection term to be used as production on an ongoing basis of call detail tual basis for the issuance of an order under the basis for the production of the tangible records created before, on, or after the date this section to approve such production of things sought;’’. of the application relating to an authorized tangible things exists; (b) ORDER.—Section 501(c) (50 U.S.C. investigation (other than a threat assess- ‘‘(C) informs, either personally or through 1861(c)) is amended— ment) conducted in accordance with sub- a designee, a judge having jurisdiction under (1) in paragraph (2)(A), by striking the section (a)(2) to protect against inter- this section at the time the Attorney Gen- semicolon and inserting ‘‘, including each national terrorism, a statement of facts eral requires the emergency production of specific selection term to be used as the showing that— tangible things that the decision has been basis for the production;’’; and ‘‘(i) there are reasonable grounds to believe made to employ the authority under this (2) by adding at the end the following new that the call detail records sought to be pro- subsection; and paragraph: duced based on the specific selection term ‘‘(D) makes an application in accordance ‘‘(3) No order issued under this subsection required under subparagraph (A) are relevant with this section to a judge having jurisdic- may authorize the collection of tangible to such investigation; and tion under this section as soon as prac- things without the use of a specific selection ‘‘(ii) there is a reasonable, articulable sus- ticable, but not later than 7 days after the term that meets the requirements of sub- picion that such specific selection term is as- Attorney General requires the emergency section (b)(2).’’. sociated with a foreign power engaged in production of tangible things under this sub- SEC. 104. JUDICIAL REVIEW. international terrorism or activities in prep- section. (a) MINIMIZATION PROCEDURES.— aration therefor, or an agent of a foreign ‘‘(2) If the Attorney General requires the (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 power engaged in international terrorism or emergency production of tangible things U.S.C. 1861(c)(1)) is amended by inserting activities in preparation therefor; and’’. under paragraph (1), the Attorney General after ‘‘subsections (a) and (b)’’ the following: (b) ORDER.—Section 501(c)(2) (50 U.S.C. shall require that the minimization proce- ‘‘and that the minimization procedures sub- 1861(c)(2)) is amended— dures required by this section for the mitted in accordance with subsection (1) in subparagraph (D), by striking ‘‘; and’’ issuance of a judicial order be followed. (b)(2)(D) meet the definition of minimization and inserting a semicolon; ‘‘(3) In the absence of a judicial order ap- procedures under subsection (g)’’. (2) in subparagraph (E), by striking the pe- proving the production of tangible things (2) RULE OF CONSTRUCTION.—Section 501(g) riod and inserting ‘‘; and’’; and under this subsection, the production shall (50 U.S.C. 1861(g)) is amended by adding at (3) by adding at the end the following new terminate when the information sought is the end the following new paragraph: subparagraph: obtained, when the application for the order ‘‘(3) RULE OF CONSTRUCTION.—Nothing in ‘‘(F) in the case of an application described is denied, or after the expiration of 7 days this subsection shall limit the authority of in subsection (b)(2)(C), shall— from the time the Attorney General begins the court established under section 103(a) to ‘‘(i) authorize the production on a daily requiring the emergency production of such impose additional, particularized minimiza- basis of call detail records for a period not to tangible things, whichever is earliest. tion procedures with regard to the produc- ‘‘(4) A denial of the application made under exceed 180 days; tion, retention, or dissemination of nonpub- this subsection may be reviewed as provided ‘‘(ii) provide that an order for such produc- licly available information concerning in section 103. tion may be extended upon application under unconsenting United States persons, includ- ‘‘(5) If such application for approval is de- subsection (b) and the judicial finding under ing additional, particularized procedures re- nied, or in any other case where the produc- paragraph (1) of this subsection; lated to the destruction of information with- tion of tangible things is terminated and no ‘‘(iii) provide that the Government may re- in a reasonable time period.’’. order is issued approving the production, no quire the prompt production of a first set of (3) TECHNICAL AND CONFORMING AMEND- information obtained or evidence derived call detail records using the specific selec- MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) from such production shall be received in tion term that satisfies the standard re- is amended— evidence or otherwise disclosed in any trial, quired under subsection (b)(2)(C)(ii); (A) by striking ‘‘Not later than 180 days hearing, or other proceeding in or before any ‘‘(iv) provide that the Government may re- after the date of the enactment of the USA court, grand jury, department, office, agen- quire the prompt production of a second set PATRIOT Improvement and Reauthorization cy, regulatory body, legislative committee, of call detail records using session-identi- Act of 2005, the’’ and inserting ‘‘The’’; and or other authority of the United States, a fying information or a telephone calling card (B) by inserting after ‘‘adopt’’ the fol- State, or a political subdivision thereof, and number identified by the specific selection lowing: ‘‘, and update as appropriate,’’. no information concerning any United term used to produce call detail records (b) ORDERS.—Section 501(f)(2) (50 U.S.C. States person acquired from such production under clause (iii); 1861(f)(2)) is amended— shall subsequently be used or disclosed in ‘‘(v) provide that, when produced, such (1) in subparagraph (A)(i)— any other manner by Federal officers or em- records be in a form that will be useful to (A) by striking ‘‘that order’’ and inserting ployees without the consent of such person, the Government; ‘‘the production order or any nondisclosure except with the approval of the Attorney ‘‘(vi) direct each person the Government order imposed in connection with the pro- General if the information indicates a threat directs to produce call detail records under duction order’’; and of death or serious bodily harm to any per- the order to furnish the Government forth- (B) by striking the second sentence; and son. with all information, facilities, or technical (2) in subparagraph (C)— ‘‘(6) The Attorney General shall assess assistance necessary to accomplish the pro- (A) by striking clause (ii); and compliance with the requirements of para- duction in such a manner as will protect the (B) by redesignating clause (iii) as clause graph (5).’’. secrecy of the production and produce a min- (ii). (b) CONFORMING AMENDMENT.—Section imum of interference with the services that SEC. 105. LIABILITY PROTECTION. 501(d) (50 U.S.C. 1861(d)) is amended— Section 501(e) (50 U.S.C. 1861(e)) is amended such person is providing to each subject of (1) in paragraph (1)— the production; and to read as follows: (A) in the matter preceding subparagraph ‘‘(e)(1) No cause of action shall lie in any ‘‘(vii) direct the Government to— (A), by striking ‘‘pursuant to an order’’ and court against a person who— ‘‘(I) adopt minimization procedures that inserting ‘‘pursuant to an order issued or an ‘‘(A) produces tangible things or provides require the prompt destruction of all call de- emergency production required’’; information, facilities, or technical assist- tail records produced under the order that (B) in subparagraph (A), by striking ‘‘such ance in accordance with an order issued or the Government determines are not foreign order’’ and inserting ‘‘such order or such an emergency production required under this intelligence information; and emergency production’’; and section; or ‘‘(II) destroy all call detail records pro- (C) in subparagraph (B), by striking ‘‘the ‘‘(B) otherwise provides technical assist- duced under the order as prescribed by such order’’ and inserting ‘‘the order or the emer- ance to the Government under this section procedures.’’. gency production’’; and or to implement the amendments made to SEC. 102. EMERGENCY AUTHORITY. (2) in paragraph (2)— this section by the USA FREEDOM Act of (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) (A) in subparagraph (A), by striking ‘‘an 2015. is amended by adding at the end the fol- order’’ and inserting ‘‘an order or emergency ‘‘(2) A production or provision of informa- lowing new subsection: production’’; and tion, facilities, or technical assistance de- ‘‘(i) EMERGENCY AUTHORITY FOR PRODUC- (B) in subparagraph (B), by striking ‘‘an scribed in paragraph (1) shall not be deemed TION OF TANGIBLE THINGS.— order’’ and inserting ‘‘an order or emergency to constitute a waiver of any privilege in any ‘‘(1) Notwithstanding any other provision production’’. other proceeding or context.’’. of this section, the Attorney General may re- SEC. 103. PROHIBITION ON BULK COLLECTION SEC. 106. COMPENSATION FOR ASSISTANCE. quire the emergency production of tangible OF TANGIBLE THINGS. Section 501 (50 U.S.C. 1861), as amended by things if the Attorney General— (a) APPLICATION.—Section 501(b)(2) (50 section 102 of this Act, is further amended by ‘‘(A) reasonably determines that an emer- U.S.C. 1861(b)(2)), as amended by section adding at the end the following new sub- gency situation requires the production of 101(a) of this Act, is further amended by in- section:

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‘‘(j) COMPENSATION.—The Government shall fier that does not limit, to the greatest ex- ‘‘(B) the manner in which that information compensate a person for reasonable expenses tent reasonably practicable, the scope of tan- was collected, retained, analyzed, and dis- incurred for— gible things sought consistent with the pur- seminated by the intelligence community; ‘‘(1) producing tangible things or providing pose for seeking the tangible things, such as ‘‘(C) the minimization procedures used by information, facilities, or assistance in ac- an identifier that— elements of the intelligence community cordance with an order issued with respect ‘‘(I) identifies an electronic communica- under such title and whether the minimiza- to an application described in subsection tion service provider (as that term is defined tion procedures adequately protect the con- (b)(2)(C) or an emergency production under in section 701) or a provider of remote com- stitutional rights of United States persons; subsection (i) that, to comply with sub- puting service (as that term is defined in sec- and section (i)(1)(D), requires an application de- tion 2711 of title 18, United States Code), ‘‘(D) any minimization procedures pro- scribed in subsection (b)(2)(C); or when not used as part of a specific identifier posed by an element of the intelligence com- ‘‘(2) otherwise providing technical assist- as described in clause (i), unless the provider munity under such title that were modified ance to the Government under this section is itself a subject of an authorized investiga- or denied by the court established under sec- or to implement the amendments made to tion for which the specific selection term is tion 103(a) of such Act (50 U.S.C. 1803(a)). this section by the USA FREEDOM Act of used as the basis for the production; or ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— 2015.’’. ‘‘(II) identifies a broad geographic region, Not later than 180 days after the date on SEC. 107. NOTICE TO THE ATTORNEY GENERAL including the United States, a city, a coun- which the Inspector General of the Depart- ON CHANGES IN RETENTION OF ty, a State, a zip code, or an area code, when ment of Justice submits the report required CALL DETAIL RECORDS. not used as part of a specific identifier as de- under subsection (c)(3), the Inspector Gen- Section 501 (50 U.S.C. 1861), as amended by scribed in clause (i). eral of the Intelligence Community shall section 106 of this Act, is amended by adding ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in submit to the Committee on the Judiciary at the end the following new subsection: this paragraph shall be construed to preclude and the Select Committee on Intelligence of ‘‘(k) PROSPECTIVE CHANGES TO EXISTING the use of multiple terms or identifiers to the Senate and the Committee on the Judici- PRACTICES RELATED TO CALL DETAIL meet the requirements of clause (i). ary and the Permanent Select Committee on RECORDS.— ‘‘(B) CALL DETAIL RECORD APPLICATIONS.— Intelligence of the House of Representatives ‘‘(1) IN GENERAL.—Consistent with sub- For purposes of an application submitted a report containing the results of the assess- section (c)(2)(F), an electronic communica- ment for calendar years 2012 through 2014.’’; tion service provider that has been issued an under subsection (b)(2)(C), the term ‘specific selection term’ means a term that specifi- (5) in subsection (e), as redesignated by order to produce call detail records pursuant paragraph (3)— to an order under subsection (c) shall notify cally identifies an individual, account, or personal device.’’. (A) in paragraph (1)— the Attorney General if that service provider (i) by striking ‘‘a report under subsection intends to retain its call detail records for a SEC. 109. INSPECTOR GENERAL REPORTS ON (c)(1) or (c)(2)’’ and inserting ‘‘any report period less than 18 months. BUSINESS RECORDS ORDERS. under subsection (c) or (d)’’; and ‘‘(2) TIMING OF NOTICE.—A notification Section 106A of the USA PATRIOT Im- (ii) by striking ‘‘Inspector General of the under paragraph (1) shall be made not less provement and Reauthorization Act of 2005 Department of Justice’’ and inserting ‘‘In- than 180 days prior to the date such elec- (Public Law 109–177; 120 Stat. 200) is amend- spector General of the Department of Jus- tronic communications service provider in- ed— tice, the Inspector General of the Intel- tends to implement a policy to retain such (1) in subsection (b)— ligence Community, and any Inspector Gen- records for a period less than 18 months.’’. (A) in paragraph (1), by inserting ‘‘and cal- eral of an element of the intelligence com- SEC. 108. DEFINITIONS. endar years 2012 through 2014’’ after ‘‘2006’’; munity that prepares a report to assist the Section 501 (50 U.S.C. 1861), as amended by (B) by striking paragraphs (2) and (3); Inspector General of the Department of Jus- section 107 of this Act, is further amended by (C) by redesignating paragraphs (4) and (5) tice or the Inspector General of the Intel- adding at the end the following new sub- as paragraphs (2) and (3), respectively; and ligence Community in complying with the section: (D) in paragraph (3) (as so redesignated)— requirements of this section’’; and ‘‘(l) DEFINITIONS.—In this section: (i) by striking subparagraph (C) and insert- (B) in paragraph (2), by striking ‘‘the re- ‘‘(1) IN GENERAL.—The terms ‘foreign ing the following new subparagraph: ports submitted under subsections (c)(1) and power’, ‘agent of a foreign power’, ‘inter- (c)(2)’’ and inserting ‘‘any report submitted national terrorism’, ‘foreign intelligence in- ‘‘(C) with respect to calendar years 2012 through 2014, an examination of the mini- under subsection (c) or (d)’’; formation’, ‘Attorney General’, ‘United (6) in subsection (f), as redesignated by States person’, ‘United States’, ‘person’, and mization procedures used in relation to or- ders under section 501 of the Foreign Intel- paragraph (3)— ‘State’ have the meanings provided those (A) by striking ‘‘The reports submitted terms in section 101. ligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization proce- under subsections (c)(1) and (c)(2)’’ and in- ‘‘(2) ADDRESS.—The term ‘address’ means a dures adequately protect the constitutional serting ‘‘Each report submitted under sub- physical address or electronic address, such section (c)’’; and as an electronic mail address or temporarily rights of United States persons;’’; and (ii) in subparagraph (D), by striking ‘‘(as (B) by striking ‘‘subsection (d)(2)’’ and in- assigned network address (including an serting ‘‘subsection (e)(2)’’; and Internet protocol address). such term is defined in section 3(4) of the Na- tional Security Act of 1947 (50 U.S.C. (7) by adding at the end the following new ‘‘(3) CALL DETAIL RECORD.—The term ‘call 401a(4)))’’; subsection: detail record’— ‘‘(g) DEFINITIONS.—In this section: (2) in subsection (c), by adding at the end ‘‘(A) means session-identifying informa- ‘‘(1) INTELLIGENCE COMMUNITY.—The term the following new paragraph: tion (including an originating or terminating ‘intelligence community’ has the meaning ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— telephone number, an International Mobile given that term in section 3 of the National Not later than 1 year after the date of enact- Subscriber Identity number, or an Inter- Security Act of 1947 (50 U.S.C. 3003). ment of the USA FREEDOM Act of 2015, the national Mobile Station Equipment Identity ‘‘(2) UNITED STATES PERSON.—The term Inspector General of the Department of Jus- number), a telephone calling card number, or ‘United States person’ has the meaning given tice shall submit to the Committee on the the time or duration of a call; and that term in section 101 of the Foreign Intel- Judiciary and the Select Committee on In- ‘‘(B) does not include— ligence Surveillance Act of 1978 (50 U.S.C. telligence of the Senate and the Committee ‘‘(i) the contents (as defined in section 1801).’’. on the Judiciary and the Permanent Select 2510(8) of title 18, United States Code) of any SEC. 110. EFFECTIVE DATE. communication; Committee on Intelligence of the House of Representatives a report containing the re- (a) IN GENERAL.—The amendments made by ‘‘(ii) the name, address, or financial infor- sections 101 through 103 shall take effect on sults of the audit conducted under sub- mation of a subscriber or customer; or the date that is 1 year after the date of the section (a) for calendar years 2012 through ‘‘(iii) cell site location or global posi- enactment of this Act. 2014.’’; tioning system information. (b) REVIEW AND CERTIFICATION.—The Direc- (3) by redesignating subsections (d) and (e) ‘‘(4) SPECIFIC SELECTION TERM.— tor of National Intelligence shall— as subsections (e) and (f), respectively; ‘‘(A) TANGIBLE THINGS.— (1) review the implementation of the tran- (4) by inserting after subsection (c) the fol- ‘‘(i) IN GENERAL.—Except as provided in sition from the existing procedures for the subparagraph (B), a ‘specific selection lowing new subsection: production of call detail records under title term’— ‘‘(d) INTELLIGENCE ASSESSMENT.— V of the Foreign Intelligence Surveillance ‘‘(I) is a term that specifically identifies a ‘‘(1) IN GENERAL.—For the period beginning Act of 1978 (50 U.S.C. 1801 et seq.), as in effect person, account, address, or personal device, on January 1, 2012, and ending on December prior to the effective date for the amend- or any other specific identifier; and 31, 2014, the Inspector General of the Intel- ments made by sections 101 through 103 of ‘‘(II) is used to limit, to the greatest extent ligence Community shall assess— this Act, to the new procedures pursuant to reasonably practicable, the scope of tangible ‘‘(A) the importance of the information ac- the amendments made by sections 101 things sought consistent with the purpose quired under title V of the Foreign Intel- through 103 of this Act; and for seeking the tangible things. ligence Surveillance Act of 1978 (50 U.S.C. (2) not later than 30 days before the effec- ‘‘(ii) LIMITATION.—A specific selection term 1861 et seq.) to the activities of the intel- tive date specified in subsection (a), certify under clause (i) does not include an identi- ligence community; to Congress in writing that—

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(A) the implementation of the transition mail address or temporarily assigned net- ‘‘(i) AMICUS CURIAE.— described in paragraph (1) is operationally work address (including an Internet protocol ‘‘(1) AUTHORIZATION.—A court established effective to allow the timely retrieval of for- address). under subsection (a) or (b) is authorized, con- eign intelligence information from recipients ‘‘(D) Nothing in this paragraph shall be sistent with the requirement of subsection of an order issued under section 501(c)(2)(F) construed to preclude the use of multiple (c) and any other statutory requirement that of the Foreign Intelligence Surveillance Act terms or identifiers to meet the require- the court act expeditiously or within a stat- of 1978, as amended by section 101 of this Act; ments of subparagraph (A).’’. ed time— and SEC. 202. PRIVACY PROCEDURES. ‘‘(A) to appoint amicus curiae to— (B) the implementation of the amendments (a) IN GENERAL.—Section 402 (50 U.S.C. ‘‘(i) assist the court in the consideration of made by section 101 through 103 of this Act— 1842) is amended by adding at the end the fol- any application for an order or review that, (i) will not harm the national security of lowing new subsection: in the opinion of the court, presents a novel the United States; and ‘‘(h) PRIVACY PROCEDURES.— or significant interpretation of the law; or (ii) will ensure the protection of classified ‘‘(1) IN GENERAL.—The Attorney General ‘‘(ii) provide technical expertise in any in- information and classified intelligence shall ensure that appropriate policies and stance the court considers appropriate; or sources and methods related to such produc- procedures are in place to safeguard nonpub- ‘‘(B) upon motion, to permit an individual tion of call detail records. licly available information concerning or organization leave to file an amicus cu- (c) RULE OF CONSTRUCTION.—Nothing in United States persons that is collected riae brief. this Act shall be construed to alter or elimi- through the use of a pen register or trap and ‘‘(2) DESIGNATION.—The courts established nate the authority of the Government to ob- trace device installed under this section. by subsection (a) and (b) shall each designate tain an order under title V of the Foreign In- Such policies and procedures shall, to the 1 or more individuals who may be appointed telligence Surveillance Act of 1978 (50 U.S.C. maximum extent practicable and consistent to serve as amicus curiae and who are deter- 1861 et seq.) as in effect prior to the effective with the need to protect national security, mined to be eligible for access to classified date described in subsection (a) during the include privacy protections that apply to the national security information necessary to period ending on such effective date. collection, retention, and use of information participate in matters before such courts (if SEC. 111. RULE OF CONSTRUCTION. concerning United States persons. such access is necessary for participation in Nothing in this Act shall be construed to ‘‘(2) RULE OF CONSTRUCTION.—Nothing in the matters for which they may be ap- authorize the production of the contents (as this subsection limits the authority of the pointed). In appointing an amicus curiae pur- such term is defined in section 2510(8) of title court established under section 103(a) or of suant to paragraph (1), the court may choose 18, United States Code) of any electronic the Attorney General to impose additional from among those so designated. communication from an electronic commu- privacy or minimization procedures with re- ‘‘(3) EXPERTISE.—An individual appointed nication service provider (as such term is de- gard to the installation or use of a pen reg- as an amicus curiae under paragraph (1) may fined in section 701(b)(4) of the Foreign Intel- ister or trap and trace device.’’. be an individual who possesses expertise on ligence Surveillance Act of 1978 (50 U.S.C. (b) EMERGENCY AUTHORITY.—Section 403 (50 privacy and civil liberties, intelligence col- 1881(b)(4))) under title V of the Foreign Intel- U.S.C. 1843) is amended by adding at the end lection, communications technology, or any ligence Surveillance Act of 1978 (50 U.S.C. the following new subsection: other area that may lend legal or technical 1861 et seq.). ‘‘(d) PRIVACY PROCEDURES.—Information expertise to the court. collected through the use of a pen register or TITLE II—FISA PEN REGISTER AND TRAP ‘‘(4) DUTIES.—An amicus curiae appointed trap and trace device installed under this AND TRACE DEVICE REFORM under paragraph (1) to assist with the consid- section shall be subject to the policies and eration of a covered matter shall carry out SEC. 201. PROHIBITION ON BULK COLLECTION. procedures required under section 402(h).’’. the duties assigned by the appointing court. (a) PROHIBITION.—Section 402(c) (50 U.S.C. That court may authorize the amicus curiae 1842(c)) is amended— TITLE III—FISA ACQUISITIONS TAR- to review any application, certification, peti- (1) in paragraph (1), by striking ‘‘; and’’ and GETING PERSONS OUTSIDE THE UNITED tion, motion, or other submission that the inserting a semicolon; STATES REFORMS court determines is relevant to the duties as- (2) in paragraph (2), by striking the period SEC. 301. LIMITS ON USE OF UNLAWFULLY OB- signed by the court. at the end and inserting ‘‘; and’’; and TAINED INFORMATION. ‘‘(5) NOTIFICATION.—A court established (3) by adding at the end the following new Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is under subsection (a) or (b) shall notify the paragraph: amended by adding at the end the following Attorney General of each exercise of the au- ‘‘(3) a specific selection term to be used as new subparagraph: thority to appoint an amicus curiae under the basis for the use of the pen register or ‘‘(D) LIMITATION ON USE OF INFORMATION.— paragraph (1). trap and trace device.’’. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(6) ASSISTANCE.—A court established (b) DEFINITION.—Section 401 (50 U.S.C. 1841) clause (ii), if the Court orders a correction of is amended by adding at the end the fol- a deficiency in a certification or procedures under subsection (a) or (b) may request and lowing new paragraph: under subparagraph (B), no information ob- receive (including on a non-reimbursable ‘‘(4)(A) The term ‘specific selection term’— tained or evidence derived pursuant to the basis) the assistance of the executive branch ‘‘(i) is a term that specifically identifies a part of the certification or procedures that in the implementation of this subsection. person, account, address, or personal device, has been identified by the Court as deficient ‘‘(7) ADMINISTRATION.—A court established or any other specific identifier; and concerning any United States person shall be under subsection (a) or (b) may provide for ‘‘(ii) is used to limit, to the greatest extent received in evidence or otherwise disclosed the designation, appointment, removal, reasonably practicable, the scope of informa- in any trial, hearing, or other proceeding in training, or other support of an amicus cu- tion sought, consistent with the purpose for or before any court, grand jury, department, riae appointed under paragraph (1) in a man- seeking the use of the pen register or trap office, agency, regulatory body, legislative ner that is not inconsistent with this sub- and trace device. committee, or other authority of the United section. ‘‘(j) REVIEW OF FISA COURT DECISIONS.— ‘‘(B) A specific selection term under sub- States, a State, or political subdivision Following issuance of an order under this paragraph (A) does not include an identifier thereof, and no information concerning any United States person acquired pursuant to Act, a court established under subsection (a) that does not limit, to the greatest extent shall certify for review to the court estab- reasonably practicable, the scope of informa- such part of such certification or procedures shall subsequently be used or disclosed in lished under subsection (b) any question of tion sought, consistent with the purpose for law that may affect resolution of the matter seeking the use of the pen register or trap any other manner by Federal officers or em- ployees without the consent of the United in controversy that the court determines and trace device, such as an identifier that— warrants such review because of a need for ‘‘(i) identifies an electronic communica- States person, except with the approval of the Attorney General if the information in- uniformity or because consideration by the tion service provider (as that term is defined court established under subsection (b) would in section 701) or a provider of remote com- dicates a threat of death or serious bodily harm to any person. serve the interests of justice. Upon certifi- puting service (as that term is defined in sec- cation of a question of law under this sub- ‘‘(ii) EXCEPTION.—If the Government cor- tion 2711 of title 18, United States Code), section, the court established under sub- rects any deficiency identified by the order when not used as part of a specific identifier section (b) may give binding instructions or of the Court under subparagraph (B), the as described in subparagraph (A), unless the require the entire record to be sent up for de- Court may permit the use or disclosure of in- provider is itself a subject of an authorized cision of the entire matter in controversy. investigation for which the specific selection formation obtained before the date of the ‘‘(k) REVIEW OF FISA COURT OF REVIEW DE- term is used as the basis for the use; or correction under such minimization proce- CISIONS.— ‘‘(ii) identifies a broad geographic region, dures as the Court may approve for purposes ‘‘(1) CERTIFICATION.—For purposes of sec- including the United States, a city, a coun- of this clause.’’. tion 1254(2) of title 28, United States Code, ty, a State, a zip code, or an area code, when TITLE IV—FOREIGN INTELLIGENCE the court of review established under sub- not used as part of a specific identifier as de- SURVEILLANCE COURT REFORMS section (b) shall be considered to be a court scribed in subparagraph (A). SEC. 401. APPOINTMENT OF AMICUS CURIAE. of appeals. ‘‘(C) For purposes of subparagraph (A), the Section 103 (50 U.S.C. 1803) is amended by ‘‘(2) AMICUS CURIAE BRIEFING.—Upon cer- term ‘address’ means a physical address or adding at the end the following new sub- tification of an application under paragraph electronic address, such as an electronic sections: (1), the Supreme Court of the United States

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PROHIBITION ON BULK COLLECTION. ceives a request under subsection (b), or offi- ‘‘(iii) other persons as permitted by the Di- (a) COUNTERINTELLIGENCE ACCESS TO TELE- cer, employee, or agent thereof, may disclose rector of the Federal Bureau of Investigation PHONE TOLL AND TRANSACTIONAL RECORDS.— information otherwise subject to any appli- Section 2709(b) of title 18, United States cable nondisclosure requirement to— or the designee of the Director. Code, is amended in the matter preceding ‘‘(i) those persons to whom disclosure is ‘‘(B) APPLICATION.—A person to whom dis- paragraph (1) by striking ‘‘may’’ and insert- necessary in order to comply with the re- closure is made under subparagraph (A) shall ing ‘‘may, using a term that specifically quest; be subject to the nondisclosure requirements identifies a person, entity, telephone num- ‘‘(ii) an attorney in order to obtain legal applicable to a person to whom a request is ber, or account as the basis for a request’’. advice or assistance regarding the request; issued under subsection (a) in the same man- (b) ACCESS TO FINANCIAL RECORDS FOR CER- or ner as the person to whom the request is TAIN INTELLIGENCE AND PROTECTIVE PUR- ‘‘(iii) other persons as permitted by the Di- issued. POSES.—Section 1114(a)(2) of the Right to Fi- rector of the Federal Bureau of Investigation ‘‘(C) NOTICE.—Any recipient that discloses nancial Privacy Act of 1978 (12 U.S.C. or the designee of the Director. to a person described in subparagraph (A) in- 3414(a)(2)) is amended by striking the period ‘‘(B) APPLICATION.—A person to whom dis- formation otherwise subject to a nondisclo- and inserting ‘‘and a term that specifically closure is made under subparagraph (A) shall sure requirement shall inform the person of identifies a customer, entity, or account to be subject to the nondisclosure requirements the applicable nondisclosure requirement. be used as the basis for the production and applicable to a person to whom a request is ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- disclosure of financial records.’’. issued under subsection (b) in the same man- ENTS.—At the request of the Director of the (c) DISCLOSURES TO FBI OF CERTAIN CON- ner as the person to whom the request is Federal Bureau of Investigation or the des- SUMER RECORDS FOR COUNTERINTELLIGENCE issued. ignee of the Director, any person making or PURPOSES.—Section 626 of the Fair Credit ‘‘(C) NOTICE.—Any recipient that discloses intending to make a disclosure under clause Reporting Act (15 U.S.C. 1681u) is amended— to a person described in subparagraph (A) in- (i) or (iii) of subparagraph (A) shall identify (1) in subsection (a), by striking ‘‘that in- formation otherwise subject to a nondisclo- to the Director or such designee the person formation,’’ and inserting ‘‘that information sure requirement shall notify the person of to whom such disclosure will be made or to that includes a term that specifically identi- the applicable nondisclosure requirement. whom such disclosure was made prior to the fies a consumer or account to be used as the request.’’. ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- basis for the production of that informa- (c) IDENTITY OF FINANCIAL INSTITUTIONS ENTS.—At the request of the Director of the tion,’’; AND CREDIT REPORTS.—Section 626 of the Federal Bureau of Investigation or the des- Fair Credit Reporting Act (15 U.S.C. 1681u) is (2) in subsection (b), by striking ‘‘written ignee of the Director, any person making or request,’’ and inserting ‘‘written request amended by striking subsection (d) and in- intending to make a disclosure under clause serting the following new subsection: that includes a term that specifically identi- (i) or (iii) of subparagraph (A) shall identify fies a consumer or account to be used as the ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— to the Director or such designee the person ‘‘(1) PROHIBITION.— basis for the production of that informa- to whom such disclosure will be made or to tion,’’; and ‘‘(A) IN GENERAL.—If a certification is whom such disclosure was made prior to the issued under subparagraph (B) and notice of (3) in subsection (c), by inserting ‘‘, which request.’’. shall include a term that specifically identi- the right to judicial review under subsection fies a consumer or account to be used as the (b) ACCESS TO FINANCIAL RECORDS FOR CER- (e) is provided, no consumer reporting agen- basis for the production of the information,’’ TAIN INTELLIGENCE AND PROTECTIVE PUR- cy that receives a request under subsection (a) or (b) or an order under subsection (c), or after ‘‘issue an order ex parte’’. POSES.—Section 1114 of the Right to Finan- officer, employee, or agent thereof, shall dis- (d) DISCLOSURES TO GOVERNMENTAL AGEN- cial Privacy Act of 1978 (12 U.S.C. 3414) is CIES FOR COUNTERTERRORISM PURPOSES OF close or specify in any consumer report, that amended— the Federal Bureau of Investigation has CONSUMER REPORTS.—Section 627(a) of the (1) in subsection (a)(5), by striking sub- Fair Credit Reporting Act (15 U.S.C. 1681v(a)) sought or obtained access to information or paragraph (D); and records under subsection (a), (b), or (c). is amended by striking ‘‘analysis.’’ and in- (2) by inserting after subsection (b) the fol- ‘‘(B) CERTIFICATION.—The requirements of serting ‘‘analysis and that includes a term lowing new subsection: that specifically identifies a consumer or ac- subparagraph (A) shall apply if the Director count to be used as the basis for the produc- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— of the Federal Bureau of Investigation, or a tion of such information.’’. ‘‘(1) PROHIBITION.— designee of the Director whose rank shall be SEC. 502. LIMITATIONS ON DISCLOSURE OF NA- ‘‘(A) IN GENERAL.—If a certification is no lower than Deputy Assistant Director at TIONAL SECURITY LETTERS. issued under subparagraph (B) and notice of Bureau headquarters or a Special Agent in (a) COUNTERINTELLIGENCE ACCESS TO TELE- the right to judicial review under subsection Charge of a Bureau field office, certifies that PHONE TOLL AND TRANSACTIONAL RECORDS.— (d) is provided, no financial institution that the absence of a prohibition of disclosure Section 2709 of title 18, United States Code, receives a request under subsection (a), or of- under this subsection may result in— is amended by striking subsection (c) and in- ficer, employee, or agent thereof, shall dis- ‘‘(i) a danger to the national security of serting the following new subsection: close to any person that the Federal Bureau the United States; ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— of Investigation has sought or obtained ac- ‘‘(ii) interference with a criminal, counter- ‘‘(1) PROHIBITION.— cess to information or records under sub- terrorism, or counterintelligence investiga- ‘‘(A) IN GENERAL.—If a certification is section (a). tion; issued under subparagraph (B) and notice of ‘‘(B) CERTIFICATION.—The requirements of ‘‘(iii) interference with diplomatic rela- the right to judicial review under subsection subparagraph (A) shall apply if the Director tions; or (d) is provided, no wire or electronic commu- of the Federal Bureau of Investigation, or a ‘‘(iv) danger to the life or physical safety nication service provider that receives a re- designee of the Director whose rank shall be of any person. quest under subsection (b), or officer, em- no lower than Deputy Assistant Director at ‘‘(2) EXCEPTION.— ployee, or agent thereof, shall disclose to Bureau headquarters or a Special Agent in ‘‘(A) IN GENERAL.—A consumer reporting any person that the Federal Bureau of Inves- Charge of a Bureau field office, certifies that agency that receives a request under sub- tigation has sought or obtained access to in- the absence of a prohibition of disclosure section (a) or (b) or an order under sub- formation or records under this section. under this subsection may result in— section (c), or officer, employee, or agent ‘‘(B) CERTIFICATION.—The requirements of ‘‘(i) a danger to the national security of thereof, may disclose information otherwise subparagraph (A) shall apply if the Director the United States; subject to any applicable nondisclosure re- of the Federal Bureau of Investigation, or a ‘‘(ii) interference with a criminal, counter- quirement to— designee of the Director whose rank shall be terrorism, or counterintelligence investiga- ‘‘(i) those persons to whom disclosure is no lower than Deputy Assistant Director at tion; necessary in order to comply with the re- Bureau headquarters or a Special Agent in ‘‘(iii) interference with diplomatic rela- quest; Charge of a Bureau field office, certifies that tions; or ‘‘(ii) an attorney in order to obtain legal the absence of a prohibition of disclosure ‘‘(iv) danger to the life or physical safety advice or assistance regarding the request; under this subsection may result in— of any person. or ‘‘(i) a danger to the national security of ‘‘(2) EXCEPTION.— ‘‘(iii) other persons as permitted by the Di- the United States; ‘‘(A) IN GENERAL.—A financial institution rector of the Federal Bureau of Investigation ‘‘(ii) interference with a criminal, counter- that receives a request under subsection (a), or the designee of the Director. terrorism, or counterintelligence investiga- or officer, employee, or agent thereof, may ‘‘(B) APPLICATION.—A person to whom dis- tion; disclose information otherwise subject to closure is made under subparagraph (A) shall ‘‘(iii) interference with diplomatic rela- any applicable nondisclosure requirement be subject to the nondisclosure requirements tions; or to— applicable to a person to whom a request

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under subsection (a) or (b) or an order under (e) INVESTIGATIONS OF PERSONS WITH AC- whether the facts supporting nondisclosure subsection (c) is issued in the same manner CESS TO CLASSIFIED INFORMATION.—Section continue to exist; as the person to whom the request is issued. 802 of the National Security Act of 1947 (50 (B) the termination of such a nondisclosure ‘‘(C) NOTICE.—Any recipient that discloses U.S.C. 3162) is amended by striking sub- requirement if the facts no longer support to a person described in subparagraph (A) in- section (b) and inserting the following new nondisclosure; and formation otherwise subject to a nondisclo- subsection: (C) appropriate notice to the recipient of sure requirement shall inform the person of ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— the national security letter, or officer, em- the applicable nondisclosure requirement. ‘‘(1) PROHIBITION.— ployee, or agent thereof, subject to the non- ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(A) IN GENERAL.—If a certification is disclosure requirement, and the applicable ENTS.—At the request of the Director of the issued under subparagraph (B) and notice of court as appropriate, that the nondisclosure Federal Bureau of Investigation or the des- the right to judicial review under subsection requirement has been terminated. ignee of the Director, any person making or (c) is provided, no governmental or private (2) REPORTING.—Upon adopting the proce- intending to make a disclosure under clause entity that receives a request under sub- dures required under paragraph (1), the At- (i) or (iii) of subparagraph (A) shall identify section (a), or officer, employee, or agent torney General shall submit the procedures to the Director or such designee the person thereof, shall disclose to any person that an to the Committee on the Judiciary of the to whom such disclosure will be made or to authorized investigative agency described in Senate and the Committee on the Judiciary whom such disclosure was made prior to the subsection (a) has sought or obtained access of the House of Representatives. request.’’. to information under subsection (a). (g) JUDICIAL REVIEW.—Section 3511 of title (d) CONSUMER REPORTS.—Section 627 of the 18, United States Code, is amended by strik- ‘‘(B) CERTIFICATION.—The requirements of Fair Credit Reporting Act (15 U.S.C. 1681v) is ing subsection (b) and inserting the following subparagraph (A) shall apply if the head of amended by striking subsection (c) and in- new subsection: an authorized investigative agency described serting the following new subsection: ‘‘(b) NONDISCLOSURE.— in subsection (a), or a designee, certifies that ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(1) IN GENERAL.— the absence of a prohibition of disclosure ‘‘(1) PROHIBITION.— ‘‘(A) NOTICE.—If a recipient of a request or ‘‘(A) IN GENERAL.—If a certification is under this subsection may result in— order for a report, records, or other informa- issued under subparagraph (B) and notice of ‘‘(i) a danger to the national security of tion under section 2709 of this title, section the right to judicial review under subsection the United States; 626 or 627 of the Fair Credit Reporting Act (15 (d) is provided, no consumer reporting agen- ‘‘(ii) interference with a criminal, counter- U.S.C. 1681u and 1681v), section 1114 of the cy that receives a request under subsection terrorism, or counterintelligence investiga- Right to Financial Privacy Act of 1978 (12 (a), or officer, employee, or agent thereof, tion; U.S.C. 3414), or section 802 of the National shall disclose or specify in any consumer re- ‘‘(iii) interference with diplomatic rela- Security Act of 1947 (50 U.S.C. 3162), wishes port, that a government agency described in tions; or to have a court review a nondisclosure re- subsection (a) has sought or obtained access ‘‘(iv) danger to the life or physical safety quirement imposed in connection with the to information or records under subsection of any person. request or order, the recipient may notify (a). ‘‘(2) EXCEPTION.— the Government or file a petition for judicial ‘‘(B) CERTIFICATION.—The requirements of ‘‘(A) IN GENERAL.—A governmental or pri- review in any court described in subsection subparagraph (A) shall apply if the head of vate entity that receives a request under (a). the government agency described in sub- subsection (a), or officer, employee, or agent ‘‘(B) APPLICATION.—Not later than 30 days section (a), or a designee, certifies that the thereof, may disclose information otherwise after the date of receipt of a notification absence of a prohibition of disclosure under subject to any applicable nondisclosure re- under subparagraph (A), the Government this subsection may result in— quirement to— shall apply for an order prohibiting the dis- ‘‘(i) a danger to the national security of ‘‘(i) those persons to whom disclosure is closure of the existence or contents of the the United States; necessary in order to comply with the re- relevant request or order. An application ‘‘(ii) interference with a criminal, counter- quest; under this subparagraph may be filed in the terrorism, or counterintelligence investiga- ‘‘(ii) an attorney in order to obtain legal district court of the United States for the ju- tion; advice or assistance regarding the request; dicial district in which the recipient of the ‘‘(iii) interference with diplomatic rela- or order is doing business or in the district tions; or ‘‘(iii) other persons as permitted by the court of the United States for any judicial ‘‘(iv) danger to the life or physical safety head of the authorized investigative agency district within which the authorized inves- of any person. described in subsection (a) or a designee. tigation that is the basis for the request is ‘‘(2) EXCEPTION.— ‘‘(B) APPLICATION.—A person to whom dis- being conducted. The applicable nondisclo- ‘‘(A) IN GENERAL.—A consumer reporting closure is made under subparagraph (A) shall sure requirement shall remain in effect dur- agency that receives a request under sub- be subject to the nondisclosure requirements ing the pendency of proceedings relating to section (a), or officer, employee, or agent applicable to a person to whom a request is the requirement. thereof, may disclose information otherwise issued under subsection (a) in the same man- ‘‘(C) CONSIDERATION.—A district court of subject to any applicable nondisclosure re- ner as the person to whom the request is the United States that receives a petition quirement to— issued. under subparagraph (A) or an application ‘‘(i) those persons to whom disclosure is ‘‘(C) NOTICE.—Any recipient that discloses under subparagraph (B) should rule expedi- necessary in order to comply with the re- to a person described in subparagraph (A) in- tiously, and shall, subject to paragraph (3), quest; formation otherwise subject to a nondisclo- issue a nondisclosure order that includes ‘‘(ii) an attorney in order to obtain legal sure requirement shall inform the person of conditions appropriate to the circumstances. advice or assistance regarding the request; the applicable nondisclosure requirement. ‘‘(2) APPLICATION CONTENTS.—An applica- or ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- tion for a nondisclosure order or extension ‘‘(iii) other persons as permitted by the ENTS.—At the request of the head of an au- thereof or a response to a petition filed head of the government agency described in thorized investigative agency described in under paragraph (1) shall include a certifi- subsection (a) or a designee. subsection (a), or a designee, any person cation from the Attorney General, Deputy ‘‘(B) APPLICATION.—A person to whom dis- making or intending to make a disclosure Attorney General, an Assistant Attorney closure is made under subparagraph (A) shall under clause (i) or (iii) of subparagraph (A) General, or the Director of the Federal Bu- be subject to the nondisclosure requirements shall identify to the head of the authorized reau of Investigation, or a designee in a posi- applicable to a person to whom a request investigative agency or such designee the tion not lower than Deputy Assistant Direc- under subsection (a) is issued in the same person to whom such disclosure will be made tor at Bureau headquarters or a Special manner as the person to whom the request is or to whom such disclosure was made prior Agent in Charge in a Bureau field office des- issued. to the request.’’. ignated by the Director, or in the case of a ‘‘(C) NOTICE.—Any recipient that discloses (f) TERMINATION PROCEDURES.— request by a department, agency, or instru- to a person described in subparagraph (A) in- (1) IN GENERAL.—Not later than 180 days mentality of the Federal Government other formation otherwise subject to a nondisclo- after the date of enactment of this Act, the than the Department of Justice, the head or sure requirement shall inform the person of Attorney General shall adopt procedures deputy head of the department, agency, or the applicable nondisclosure requirement. with respect to nondisclosure requirements instrumentality, containing a statement of ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- issued pursuant to section 2709 of title 18, specific facts indicating that the absence of ENTS.—At the request of the head of the gov- United States Code, section 626 or 627 of the a prohibition of disclosure under this sub- ernment agency described in subsection (a) Fair Credit Reporting Act (15 U.S.C. 1681u section may result in— or a designee, any person making or intend- and 1681v), section 1114 of the Right to Fi- ‘‘(A) a danger to the national security of ing to make a disclosure under clause (i) or nancial Privacy Act (12 U.S.C. 3414), or sec- the United States; (iii) of subparagraph (A) shall identify to the tion 802 of the National Security Act of 1947 ‘‘(B) interference with a criminal, counter- head or such designee the person to whom (50 U.S.C. 3162), as amended by this Act, to terrorism, or counterintelligence investiga- such disclosure will be made or to whom require— tion; such disclosure was made prior to the re- (A) the review at appropriate intervals of ‘‘(C) interference with diplomatic rela- quest.’’. such a nondisclosure requirement to assess tions; or

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‘‘(D) danger to the life or physical safety of ‘‘(d) JUDICIAL REVIEW.— is further amended by adding at the end the any person. ‘‘(1) IN GENERAL.—A request under sub- following new section: ‘‘(3) STANDARD.—A district court of the section (a) or a non-disclosure requirement ‘‘SEC. 603. ANNUAL REPORTS. United States shall issue a nondisclosure imposed in connection with such request ‘‘(a) REPORT BY DIRECTOR OF THE ADMINIS- order or extension thereof under this sub- under subsection (c) shall be subject to judi- TRATIVE OFFICE OF THE UNITED STATES section if the court determines that there is cial review under section 3511 of title 18, COURTS.— reason to believe that disclosure of the infor- United States Code. ‘‘(1) REPORT REQUIRED.—The Director of mation subject to the nondisclosure require- ‘‘(2) NOTICE.—A request under subsection the Administrative Office of the United ment during the applicable time period may (a) shall include notice of the availability of States Courts shall annually submit to the result in— judicial review described in paragraph (1).’’. Permanent Select Committee on Intelligence ‘‘(A) a danger to the national security of (e) INVESTIGATIONS OF PERSONS WITH AC- and the Committee on the Judiciary of the the United States; CESS TO CLASSIFIED INFORMATION.—Section House of Representatives and the Select ‘‘(B) interference with a criminal, counter- 802 of the National Security Act of 1947 (50 Committee on Intelligence and the Com- terrorism, or counterintelligence investiga- U.S.C. 3162) is amended— mittee on the Judiciary of the Senate, sub- tion; (1) by redesignating subsections (c) ject to a declassification review by the At- ‘‘(C) interference with diplomatic rela- through (f) as subsections (d) through (g), re- torney General and the Director of National tions; or spectively; and Intelligence, a report that includes— ‘‘(D) danger to the life or physical safety of (2) by inserting after subsection (b) the fol- ‘‘(A) the number of applications or certifi- any person.’’. lowing new subsection: cations for orders submitted under each of SEC. 503. JUDICIAL REVIEW. ‘‘(c) JUDICIAL REVIEW.— sections 105, 304, 402, 501, 702, 703, and 704; (a) COUNTERINTELLIGENCE ACCESS TO TELE- ‘‘(1) IN GENERAL.—A request under sub- ‘‘(B) the number of such orders granted PHONE TOLL AND TRANSACTIONAL RECORDS.— section (a) or a nondisclosure requirement under each of those sections; Section 2709 of title 18, United States Code, imposed in connection with such request ‘‘(C) the number of orders modified under is amended— under subsection (b) shall be subject to judi- each of those sections; (1) by redesignating subsections (d), (e), cial review under section 3511 of title 18, ‘‘(D) the number of applications or certifi- and (f) as subsections (e), (f), and (g), respec- United States Code. cations denied under each of those sections; tively; and ‘‘(2) NOTICE.—A request under subsection ‘‘(E) the number of appointments of an in- (2) by inserting after subsection (c) the fol- (a) shall include notice of the availability of dividual to serve as amicus curiae under sec- lowing new subsection: judicial review described in paragraph (1).’’. tion 103, including the name of each indi- ‘‘(d) JUDICIAL REVIEW.— TITLE VI—FISA TRANSPARENCY AND vidual appointed to serve as amicus curiae; ‘‘(1) IN GENERAL.—A request under sub- REPORTING REQUIREMENTS and section (b) or a nondisclosure requirement SEC. 601. ADDITIONAL REPORTING ON ORDERS ‘‘(F) the number of findings issued under imposed in connection with such request REQUIRING PRODUCTION OF BUSI- section 103(i) that such appointment is not under subsection (c) shall be subject to judi- NESS RECORDS; BUSINESS RECORDS appropriate and the text of any such find- cial review under section 3511. COMPLIANCE REPORTS TO CON- ings. ‘‘(2) NOTICE.—A request under subsection GRESS. ‘‘(2) PUBLICATION.—The Director shall (b) shall include notice of the availability of (a) REPORTS SUBMITTED TO COMMITTEES.— make the report required under paragraph (1) judicial review described in paragraph (1).’’. Section 502(b) (50 U.S.C. 1862(b)) is amended— publicly available on an Internet Web site, (b) ACCESS TO FINANCIAL RECORDS FOR CER- (1) by redesignating paragraphs (1), (2), and except that the Director shall not make pub- TAIN INTELLIGENCE AND PROTECTIVE PUR- (3) as paragraphs (6), (7), and (8), respec- licly available on an Internet Web site the POSES.—Section 1114 of the Right to Finan- tively; and findings described in subparagraph (F) of cial Privacy Act of 1978 (12 U.S.C. 3414) is (2) by inserting before paragraph (6) (as so paragraph (1). amended— redesignated) the following new paragraphs: ‘‘(b) MANDATORY REPORTING BY DIRECTOR (1) by redesignating subsection (d) as sub- ‘‘(1) a summary of all compliance reviews OF NATIONAL INTELLIGENCE.—Except as pro- section (e); and conducted by the Government for the pro- vided in subsection (d), the Director of Na- (2) by inserting after subsection (c) the fol- duction of tangible things under section 501; tional Intelligence shall annually make pub- lowing new subsection: ‘‘(2) the total number of applications de- licly available on an Internet Web site a re- ‘‘(d) JUDICIAL REVIEW.— scribed in section 501(b)(2)(B) made for orders port that identifies, for the preceding 12- ‘‘(1) IN GENERAL.—A request under sub- approving requests for the production of tan- month period— section (a) or a nondisclosure requirement gible things; ‘‘(1) the total number of orders issued pur- imposed in connection with such request ‘‘(3) the total number of such orders either suant to titles I and III and sections 703 and under subsection (c) shall be subject to judi- granted, modified, or denied; 704 and a good faith estimate of the number cial review under section 3511 of title 18, ‘‘(4) the total number of applications de- of targets of such orders; United States Code. scribed in section 501(b)(2)(C) made for orders ‘‘(2) the total number of orders issued pur- ‘‘(2) NOTICE.—A request under subsection approving requests for the production of call suant to section 702 and a good faith esti- (a) shall include notice of the availability of detail records; mate of— judicial review described in paragraph (1).’’. ‘‘(5) the total number of such orders either ‘‘(A) the number of search terms con- (c) IDENTITY OF FINANCIAL INSTITUTIONS granted, modified, or denied;’’. cerning a known United States person used AND CREDIT REPORTS.—Section 626 of the (b) REPORTING ON CERTAIN TYPES OF PRO- to retrieve the unminimized contents of elec- Fair Credit Reporting Act (15 U.S.C. 1681u) is DUCTION.—Section 502(c)(1) (50 U.S.C. tronic communications or wire communica- amended— 1862(c)(1)) is amended— tions obtained through acquisitions author- (1) by redesignating subsections (e) (1) in subparagraph (A), by striking ‘‘and’’; ized under such section, excluding the num- through (m) as subsections (f) through (n), (2) in subparagraph (B), by striking the pe- ber of search terms used to prevent the re- respectively; and riod at the end and inserting a semicolon; turn of information concerning a United (2) by inserting after subsection (d) the fol- and States person; and lowing new subsection: (3) by adding at the end the following new ‘‘(B) the number of queries concerning a ‘‘(e) JUDICIAL REVIEW.— subparagraphs: known United States person of unminimized ‘‘(1) IN GENERAL.—A request under sub- ‘‘(C) the total number of applications made noncontents information relating to elec- section (a) or (b) or an order under sub- for orders approving requests for the produc- tronic communications or wire communica- section (c) or a non-disclosure requirement tion of tangible things under section 501 in tions obtained through acquisitions author- imposed in connection with such request which the specific selection term does not ized under such section, excluding the num- under subsection (d) shall be subject to judi- specifically identify an individual, account, ber of queries containing information used to cial review under section 3511 of title 18, or personal device; prevent the return of information concerning United States Code. ‘‘(D) the total number of orders described a United States person; ‘‘(2) NOTICE.—A request under subsection in subparagraph (C) either granted, modified, ‘‘(3) the total number of orders issued pur- (a) or (b) or an order under subsection (c) or denied; and suant to title IV and a good faith estimate shall include notice of the availability of ju- ‘‘(E) with respect to orders described in of— dicial review described in paragraph (1).’’. subparagraph (D) that have been granted or ‘‘(A) the number of targets of such orders; (d) IDENTITY OF FINANCIAL INSTITUTIONS modified, whether the court established and AND CREDIT REPORTS.—Section 627 of the under section 103 has directed additional, ‘‘(B) the number of unique identifiers used Fair Credit Reporting Act (15 U.S.C. 1681v) is particularized minimization procedures be- to communicate information collected pur- amended— yond those adopted pursuant to section suant to such orders; (1) by redesignating subsections (d), (e), 501(g).’’. ‘‘(4) the total number of orders issued pur- and (f) as subsections (e), (f), and (g), respec- SEC. 602. ANNUAL REPORTS BY THE GOVERN- suant to applications made under section tively; and MENT. 501(b)(2)(B) and a good faith estimate of— (2) by inserting after subsection (c) the fol- (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et ‘‘(A) the number of targets of such orders; lowing new subsection: seq.), as amended by section 402 of this Act, and

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‘‘(B) the number of unique identifiers used ‘‘(3) NATIONAL SECURITY LETTER.—The term letter, publicly report the following informa- to communicate information collected pur- ‘national security letter’ means a request for tion using one of the following structures: suant to such orders; a report, records, or other information ‘‘(1) A semiannual report that aggregates ‘‘(5) the total number of orders issued pur- under— the number of orders, directives, or national suant to applications made under section ‘‘(A) section 2709 of title 18, United States security letters with which the person was 501(b)(2)(C) and a good faith estimate of— Code; required to comply into separate categories ‘‘(A) the number of targets of such orders; ‘‘(B) section 1114(a)(5)(A) of the Right to of— ‘‘(B) the number of unique identifiers used Financial Privacy Act of 1978 (12 U.S.C. ‘‘(A) the number of national security let- to communicate information collected pur- 3414(a)(5)(A)); ters received, reported in bands of 1000 start- suant to such orders; and ‘‘(C) subsection (a) or (b) of section 626 of ing with 0–999; ‘‘(C) the number of search terms that in- the Fair Credit Reporting Act (15 U.S.C. ‘‘(B) the number of customer selectors tar- cluded information concerning a United 1681u(a), 1681u(b)); or geted by national security letters, reported States person that were used to query any ‘‘(D) section 627(a) of the Fair Credit Re- in bands of 1000 starting with 0–999; database of call detail records obtained porting Act (15 U.S.C. 1681v(a)). ‘‘(C) the number of orders or directives re- through the use of such orders; and ‘‘(4) UNITED STATES PERSON.—The term ceived, combined, under this Act for con- ‘‘(6) the total number of national security ‘United States person’ means a citizen of the tents, reported in bands of 1000 starting with letters issued and the number of requests for United States or an alien lawfully admitted 0–999; information contained within such national for permanent residence (as defined in sec- ‘‘(D) the number of customer selectors tar- security letters. tion 101(a) of the Immigration and Nation- geted under orders or directives received, ‘‘(c) TIMING.—The annual reports required ality Act (8 U.S.C. 1101(a))). combined, under this Act for contents re- by subsections (a) and (b) shall be made pub- ‘‘(5) WIRE COMMUNICATION.—The term ‘wire ported in bands of 1000 starting with 0–999; licly available during April of each year and communication’ has the meaning given that ‘‘(E) the number of orders received under include information relating to the previous term under section 2510 of title 18, United this Act for noncontents, reported in bands calendar year. States Code.’’. of 1000 starting with 0–999; and ‘‘(F) the number of customer selectors tar- ‘‘(d) EXCEPTIONS.— (b) TABLE OF CONTENTS AMENDMENT.—The geted under orders under this Act for non- ‘‘(1) STATEMENT OF NUMERICAL RANGE.—If a table of contents, as amended by section 402 contents, reported in bands of 1000 starting good faith estimate required to be reported of this Act, is further amended by inserting with 0–999, pursuant to— under subparagraph (B) of any of paragraphs after the item relating to section 602, as ‘‘(i) title IV; (3), (4), or (5) of subsection (b) is fewer than added by section 402 of this Act, the fol- ‘‘(ii) title V with respect to applications 500, it shall be expressed as a numerical lowing new item: described in section 501(b)(2)(B); and range of ‘fewer than 500’ and shall not be ex- ‘‘Sec. 603. Annual reports.’’. ‘‘(iii) title V with respect to applications (c) PUBLIC REPORTING ON NATIONAL SECU- pressed as an individual number. described in section 501(b)(2)(C). RITY LETTERS.—Section 118(c) of the USA ‘‘(2) NONAPPLICABILITY TO CERTAIN INFOR- ‘‘(2) A semiannual report that aggregates MATION.— PATRIOT Improvement and Reauthorization the number of orders, directives, or national ‘‘(A) FEDERAL BUREAU OF INVESTIGATION.— Act of 2005 (18 U.S.C. 3511 note) is amended— security letters with which the person was Paragraphs (2)(A), (2)(B), and (5)(C) of sub- (1) in paragraph (1)— required to comply into separate categories section (b) shall not apply to information or (A) in the matter preceding subparagraph of— records held by, or queries conducted by, the (A), by striking ‘‘United States’’; and ‘‘(A) the number of national security let- Federal Bureau of Investigation. (B) in subparagraph (A), by striking ‘‘, ex- ters received, reported in bands of 500 start- ‘‘(B) ELECTRONIC MAIL ADDRESS AND TELE- cluding the number of requests for subscriber ing with 0–499; PHONE NUMBERS.—Paragraph (3)(B) of sub- information’’; ‘‘(B) the number of customer selectors tar- section (b) shall not apply to orders resulting (2) by redesignating paragraph (2) as para- geted by national security letters, reported in the acquisition of information by the Fed- graph (3); and in bands of 500 starting with 0–499; eral Bureau of Investigation that does not (3) by inserting after paragraph (1) the fol- ‘‘(C) the number of orders or directives re- include electronic mail addresses or tele- lowing: ceived, combined, under this Act for con- phone numbers. ‘‘(2) CONTENT.— tents, reported in bands of 500 starting with ‘‘(3) CERTIFICATION.— ‘‘(A) IN GENERAL.—Except as provided in 0–499; ‘‘(A) IN GENERAL.—If the Director of Na- subparagraph (B), each report required under ‘‘(D) the number of customer selectors tar- tional Intelligence concludes that a good this subsection shall include a good faith es- geted under orders or directives received, faith estimate required to be reported under timate of the total number of requests de- combined, under this Act for contents, re- subsection (b)(2)(B) cannot be determined ac- scribed in paragraph (1) requiring disclosure ported in bands of 500 starting with 0–499; curately because some but not all of the rel- of information concerning— ‘‘(E) the number of orders received under evant elements of the intelligence commu- ‘‘(i) United States persons; and this Act for noncontents, reported in bands nity are able to provide such good faith esti- ‘‘(ii) persons who are not United States of 500 starting with 0–499; and mate, the Director shall— persons. ‘‘(F) the number of customer selectors tar- ‘‘(i) certify that conclusion in writing to ‘‘(B) EXCEPTION.—With respect to the num- geted under orders received under this Act the Select Committee on Intelligence and ber of requests for subscriber information for noncontents, reported in bands of 500 the Committee on the Judiciary of the Sen- under section 2709 of title 18, United States starting with 0–499. ate and the Permanent Select Committee on Code, a report required under this subsection ‘‘(3) A semiannual report that aggregates Intelligence and the Committee on the Judi- need not separate the number of requests the number of orders, directives, or national ciary of the House of Representatives; into each of the categories described in sub- security letters with which the person was ‘‘(ii) report the good faith estimate for paragraph (A).’’. required to comply in the into separate cat- those relevant elements able to provide such (d) STORED COMMUNICATIONS.—Section egories of— good faith estimate; 2702(d) of title 18, United States Code, is ‘‘(A) the total number of all national secu- ‘‘(iii) explain when it is reasonably antici- amended— rity process received, including all national pated that such an estimate will be able to (1) in paragraph (1), by striking ‘‘; and’’ and security letters, and orders or directives be determined fully and accurately; and inserting a semicolon; under this Act, combined, reported in bands ‘‘(iv) make such certification publicly (2) in paragraph (2)(B), by striking the pe- of 250 starting with 0–249; and available on an Internet Web site. riod and inserting ‘‘; and’’; and ‘‘(B) the total number of customer selec- ‘‘(B) FORM.—A certification described in (3) by adding at the end the following new tors targeted under all national security subparagraph (A) shall be prepared in unclas- paragraph: process received, including all national secu- sified form, but may contain a classified ‘‘(3) the number of accounts from which rity letters, and orders or directives under annex. the Department of Justice has received vol- this Act, combined, reported in bands of 250 ‘‘(C) TIMING.—If the Director of National untary disclosures under subsection (c)(4).’’. starting with 0–249. Intelligence continues to conclude that the SEC. 603. PUBLIC REPORTING BY PERSONS SUB- ‘‘(4) An annual report that aggregates the good faith estimates described in this para- JECT TO FISA ORDERS. number of orders, directives, and national se- graph cannot be determined accurately, the (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et curity letters the person was required to Director shall annually submit a certifi- seq.), as amended by sections 402 and 602 of comply with into separate categories of— cation in accordance with this paragraph. this Act, is further amended by adding at the ‘‘(A) the total number of all national secu- ‘‘(e) DEFINITIONS.—In this section: end the following new section: rity process received, including all national ‘‘(1) CONTENTS.—The term ‘contents’ has ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUB- security letters, and orders or directives the meaning given that term under section JECT TO ORDERS. under this Act, combined, reported in bands 2510 of title 18, United States Code. ‘‘(a) REPORTING.—A person subject to a of 100 starting with 0–99; and ‘‘(2) ELECTRONIC COMMUNICATION.—The nondisclosure requirement accompanying an ‘‘(B) the total number of customer selec- term ‘electronic communication’ has the order or directive under this Act or a na- tors targeted under all national security meaning given that term under section 2510 tional security letter may, with respect to process received, including all national secu- of title 18, United States Code. such order, directive, or national security rity letters, and orders or directives under

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this Act, combined, reported in bands of 100 (b) PHYSICAL SEARCHES.—The matter pre- ligence information is limited to a period starting with 0–99. ceding paragraph (1) of section 306 (50 U.S.C. not to exceed 72 hours and shall cease upon ‘‘(b) PERIOD OF TIME COVERED BY RE- 1826) is amended— the earlier of the following: PORTS.— (1) in the first sentence, by striking ‘‘Per- ‘‘(A) The employment of emergency elec- ‘‘(1) A report described in paragraph (1) or manent Select Committee on Intelligence of tronic surveillance under subsection (e) or (2) of subsection (a) shall include only infor- the House of Representatives and the Select the employment of an emergency physical mation— Committee on Intelligence of the Senate, search pursuant to section 304(e). ‘‘(A) relating to national security letters and the Committee on the Judiciary of the ‘‘(B) An issuance of a court order under for the previous 180 days; and Senate,’’ and inserting ‘‘Permanent Select this title or title III of this Act. ‘‘(B) relating to authorities under this Act Committee on Intelligence and the Com- ‘‘(C) The Attorney General provides direc- for the 180-day period of time ending on the mittee on the Judiciary of the House of Rep- tion that the acquisition be terminated. date that is not less than 180 days prior to resentatives and the Select Committee on ‘‘(D) The head of the element of the intel- the date of the publication of such report, Intelligence and the Committee on the Judi- ligence community conducting the acquisi- except that with respect to a platform, prod- ciary of the Senate’’; and tion determines that a request under para- uct, or service for which a person did not (2) in the second sentence, by striking ‘‘and graph (1)(C) is not warranted. previously receive an order or directive (not the Committee on the Judiciary of the House ‘‘(E) When the threat of death or serious including an enhancement to or iteration of of Representatives’’. bodily harm to any person is no longer rea- an existing publicly available platform, (c) PEN REGISTERS AND TRAP AND TRACE sonably believed to exist. product, or service) such report shall not in- DEVICES.—Section 406(b) (50 U.S.C. 1846(b)) is ‘‘(3) Nonpublicly available information clude any information relating to such new amended— concerning unconsenting United States per- order or directive until 540 days after the (1) in paragraph (2), by striking ‘‘; and’’ and sons acquired under this subsection shall not date on which such new order or directive is inserting a semicolon; be disseminated during the 72 hour time pe- received. (2) in paragraph (3), by striking the period riod under paragraph (1) unless necessary to ‘‘(2) A report described in paragraph (3) of and inserting a semicolon; and investigate, reduce, or eliminate the threat subsection (a) shall include only information (3) by adding at the end the following new of death or serious bodily harm to any per- relating to the previous 180 days. paragraphs: son. ‘‘(3) A report described in paragraph (4) of ‘‘(4) each department or agency on behalf ‘‘(4) If the Attorney General declines to au- subsection (a) shall include only information of which the Attorney General or a des- thorize the employment of emergency elec- for the 1-year period of time ending on the ignated attorney for the Government has tronic surveillance under subsection (e) or date that is not less than 1 year prior to the made an application for an order authorizing the employment of an emergency physical date of the publication of such report. or approving the installation and use of a search pursuant to section 304(e), or a court ‘‘(c) OTHER FORMS OF AGREED TO PUBLICA- pen register or trap and trace device under order is not obtained under this title or title TION.—Nothing in this section prohibits the III of this Act, information obtained during Government and any person from jointly this title; and the 72 hour acquisition time period under agreeing to the publication of information ‘‘(5) for each department or agency de- referred to in this subsection in a time, form, scribed in paragraph (4), each number de- paragraph (1) shall not be retained, except or manner other than as described in this scribed in paragraphs (1), (2), and (3).’’. with the approval of the Attorney General if section. (d) ACCESS TO CERTAIN BUSINESS RECORDS the information indicates a threat of death ‘‘(d) DEFINITIONS.—In this section: AND OTHER TANGIBLE THINGS.—Section 502(a) or serious bodily harm to any person. ‘‘(1) CONTENTS.—The term ‘contents’ has (50 U.S.C. 1862(a)) is amended by striking ‘‘(5) Paragraphs (5) and (6) of subsection (e) the meaning given that term under section ‘‘Permanent Select Committee on Intel- shall apply to this subsection.’’. 2510 of title 18, United States Code. ligence of the House of Representatives and (b) NOTIFICATION OF EMERGENCY EMPLOY- ‘‘(2) NATIONAL SECURITY LETTER.—The term the Select Committee on Intelligence and MENT OF ELECTRONIC SURVEILLANCE.—Section ‘national security letter’ has the meaning the Committee on the Judiciary of the Sen- 106(j) (50 U.S.C. 1806(j)) is amended by strik- given that term under section 603.’’. ate’’ and inserting ‘‘Permanent Select Com- ing ‘‘section 105(e)’’ and inserting ‘‘sub- (b) TABLE OF CONTENTS AMENDMENT.—The mittee on Intelligence and the Committee on section (e) or (f) of section 105’’. table of contents, as amended by sections 402 the Judiciary of the House of Representa- (c) REPORT TO CONGRESS.—Section 108(a)(2) and 602 of this Act, is further amended by in- tives and the Select Committee on Intel- (50 U.S.C. 1808(a)(2)) is amended— serting after the item relating to section 603, ligence and the Committee on the Judiciary (1) in subparagraph (B), by striking ‘‘and’’ as added by section 602 of this Act, the fol- of the Senate’’. at the end; lowing new item: TITLE VII—ENHANCED NATIONAL (2) in subparagraph (C), by striking the pe- ‘‘Sec. 604. Public reporting by persons sub- SECURITY PROVISIONS riod at the end and inserting ‘‘; and’’; and ject to orders.’’. (3) by adding at the end the following: SEC. 701. EMERGENCIES INVOLVING NON-UNITED ‘‘(D) the total number of authorizations SEC. 604. REPORTING REQUIREMENTS FOR DECI- STATES PERSONS. under section 105(f) and the total number of SIONS, ORDERS, AND OPINIONS OF (a) IN GENERAL.—Section 105 (50 U.S.C. subsequent emergency employments of elec- THE FOREIGN INTELLIGENCE SUR- 1805) is amended— VEILLANCE COURT AND THE FOR- tronic surveillance under section 105(e) or (1) by redesignating subsections (f), (g), (h), EIGN INTELLIGENCE SURVEILLANCE emergency physical searches pursuant to and (i) as subsections (g), (h), (i), and (j), re- COURT OF REVIEW. section 301(e).’’. Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is spectively; and (2) by inserting after subsection (e) the fol- SEC. 702. PRESERVATION OF TREATMENT OF amended to read as follows: NON-UNITED STATES PERSONS ‘‘(1) not later than 45 days after the date on lowing: TRAVELING OUTSIDE THE UNITED which the Foreign Intelligence Surveillance ‘‘(f)(1) Notwithstanding any other provi- STATES AS AGENTS OF FOREIGN Court or the Foreign Intelligence Surveil- sion of this Act, the lawfully authorized tar- POWERS. lance Court of Review issues a decision, geting of a non-United States person pre- Section 101(b)(1) is amended— order, or opinion, including any denial or viously believed to be located outside the (1) in subparagraph (A), by inserting before modification of an application under this United States for the acquisition of foreign the semicolon at the end the following: ‘‘, ir- Act, that includes significant construction intelligence information may continue for a respective of whether the person is inside the or interpretation of any provision of law or period not to exceed 72 hours from the time United States’’; and results in a change of application of any pro- that the non-United States person is reason- (2) in subparagraph (B)— vision of this Act or a novel application of ably believed to be located inside the United (A) by striking ‘‘of such person’s presence any provision of this Act, a copy of such de- States and the acquisition is subject to this in the United States’’; and cision, order, or opinion and any pleadings, title or to title III of this Act, provided that (B) by striking ‘‘such activities in the applications, or memoranda of law associ- the head of an element of the intelligence United States’’ and inserting ‘‘such activi- ated with such decision, order, or opinion; community— ties’’. and’’. ‘‘(A) reasonably determines that a lapse in SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF SEC. 605. SUBMISSION OF REPORTS UNDER FISA. the targeting of such non-United States per- INTERNATIONAL PROLIFERATION (a) ELECTRONIC SURVEILLANCE.—Section son poses a threat of death or serious bodily OF WEAPONS OF MASS DESTRUC- 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by harm to any person; TION. striking ‘‘the House Permanent Select Com- ‘‘(B) promptly notifies the Attorney Gen- Section 101(b)(1) is further amended by mittee on Intelligence and the Senate Select eral of a determination under subparagraph striking subparagraph (E) and inserting the Committee on Intelligence, and the Com- (A); and following new subparagraph (E): mittee on the Judiciary of the Senate,’’ and ‘‘(C) requests, as soon as practicable, the ‘‘(E) engages in the international prolifera- inserting ‘‘the Permanent Select Committee employment of emergency electronic surveil- tion of weapons of mass destruction, or ac- on Intelligence and the Committee on the lance under subsection (e) or the employ- tivities in preparation therefor, for or on be- Judiciary of the House of Representatives ment of an emergency physical search pursu- half of a foreign power, or knowingly aids or and the Select Committee on Intelligence ant to section 304(e), as warranted. abets any person in the conduct of such pro- and the Committee on the Judiciary of the ‘‘(2) The authority under this subsection to liferation or activities in preparation there- Senate’’. continue the acquisition of foreign intel- for, or knowingly conspires with any person

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.014 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE S3368 CONGRESSIONAL RECORD — SENATE May 31, 2015 to engage in such proliferation or activities ‘‘(H) International Convention for the Sup- Weapon State Party to the Non-Proliferation in preparation therefor; or’’. pression of Terrorist Bombings, adopted by Treaty; SEC. 704. INCREASE IN PENALTIES FOR MATE- the General Assembly of the United Nations ‘‘(13) ‘Nuclear Weapon State Party to the RIAL SUPPORT OF FOREIGN TER- on 15 December 1997; and Non-Proliferation Treaty’ means a State RORIST ORGANIZATIONS. ‘‘(I) International Convention for the Sup- Party to the Non-Proliferation Treaty that Section 2339B(a)(1) of title 18, United pression of the Financing of Terrorism, is a nuclear-weapon State, as that term is States Code, is amended by striking ‘‘15 adopted by the General Assembly of the defined in Article IX(3) of the Non-Prolifera- years’’ and inserting ‘‘20 years’’. United Nations on 9 December 1999; tion Treaty; SEC. 705. SUNSETS. ‘‘(2) ‘armed conflict’ does not include inter- ‘‘(14) ‘place of public use’ has the meaning (a) USA PATRIOT IMPROVEMENT AND RE- nal disturbances and tensions, such as riots, given the term in section 2332f(e)(6) of this AUTHORIZATION ACT OF 2005.—Section 102(b)(1) isolated and sporadic acts of violence, and title; of the USA PATRIOT Improvement and Re- other acts of a similar nature; ‘‘(15) ‘precursor’ has the meaning given the authorization Act of 2005 (50 U.S.C. 1805 note) ‘‘(3) ‘biological weapon’ means— term in section 229F(6)(A) of this title; is amended by striking ‘‘June 1, 2015’’ and in- ‘‘(A) microbial or other biological agents, ‘‘(16) ‘public transport system’ has the serting ‘‘December 15, 2019’’. meaning given the term in section 2332f(e)(7) (b) INTELLIGENCE REFORM AND TERRORISM or toxins whatever their origin or method of of this title; PREVENTION ACT OF 2004.—Section 6001(b)(1) production, of types and in quantities that ‘‘(17) ‘serious injury or damage’ means— of the Intelligence Reform and Terrorism have no justification for prophylactic, pro- ‘‘(A) serious bodily injury, Prevention Act of 2004 (50 U.S.C. 1801 note) is tective, or other peaceful purposes; or amended by striking ‘‘June 1, 2015’’ and in- ‘‘(B) weapons, equipment, or means of de- ‘‘(B) extensive destruction of a place of serting ‘‘December 15, 2019’’. livery designed to use such agents or toxins public use, State or government facility, in- (c) CONFORMING AMENDMENT.—Section for hostile purposes or in armed conflict; frastructure facility, or public transpor- 102(b)(1) of the USA PATRIOT Improvement ‘‘(4) ‘chemical weapon’ means, together or tation system, resulting in major economic and Reauthorization Act of 2005 (50 U.S.C. separately— loss, or 1805 note), as amended by subsection (a), is ‘‘(A) toxic chemicals and their precursors, ‘‘(C) substantial damage to the environ- further amended by striking ‘‘sections 501, except where intended for— ment, including air, soil, water, fauna, or 502, and’’ and inserting ‘‘title V and section’’. ‘‘(i) industrial, agricultural, research, med- flora; TITLE VIII—SAFETY OF MARITIME NAVI- ical, pharmaceutical, or other peaceful pur- ‘‘(18) ‘ship’ means a vessel of any type GATION AND NUCLEAR TERRORISM poses; whatsoever not permanently attached to the CONVENTIONS IMPLEMENTATION ‘‘(ii) protective purposes, namely those sea-bed, including dynamically supported craft, submersibles, or any other floating Subtitle A—Safety of Maritime Navigation purposes directly related to protection against toxic chemicals and to protection craft, but does not include a warship, a ship SEC. 801. AMENDMENT TO SECTION 2280 OF owned or operated by a government when TITLE 18, UNITED STATES CODE. against chemical weapons; being used as a naval auxiliary or for cus- Section 2280 of title 18, United States Code, ‘‘(iii) military purposes not connected with toms or police purposes, or a ship which has is amended— the use of chemical weapons and not depend- been withdrawn from navigation or laid up; (1) in subsection (b)— ent on the use of the toxic properties of ‘‘(19) ‘source material’ has the meaning (A) in paragraph (1)(A)(i), by striking ‘‘a chemicals as a method of warfare; or ship flying the flag of the United States’’ and ‘‘(iv) law enforcement including domestic given that term in the International Atomic inserting ‘‘a vessel of the United States or a riot control purposes, Energy Agency Statute, done at New York vessel subject to the jurisdiction of the as long as the types and quantities are con- on 26 October 1956; United States (as defined in section 70502 of sistent with such purposes; ‘‘(20) ‘special fissionable material’ has the title 46)’’; ‘‘(B) munitions and devices, specifically de- meaning given that term in the Inter- (B) in paragraph (1)(A)(ii), by inserting ‘‘, signed to cause death or other harm through national Atomic Energy Agency Statute, including the territorial seas’’ after ‘‘in the the toxic properties of those toxic chemicals done at New York on 26 October 1956; United States’’; and specified in subparagraph (A), which would ‘‘(21) ‘territorial sea of the United States’ (C) in paragraph (1)(A)(iii), by inserting ‘‘, be released as a result of the employment of means all waters extending seaward to 12 by a United States corporation or legal enti- such munitions and devices; and nautical miles from the baselines of the ty,’’ after ‘‘by a national of the United ‘‘(C) any equipment specifically designed United States determined in accordance with States’’; for use directly in connection with the em- international law; (2) in subsection (c), by striking ‘‘section ployment of munitions and devices specified ‘‘(22) ‘toxic chemical’ has the meaning 2(c)’’ and inserting ‘‘section 13(c)’’; in subparagraph (B); given the term in section 229F(8)(A) of this (3) by striking subsection (d); ‘‘(5) ‘covered ship’ means a ship that is title; (4) by striking subsection (e) and inserting navigating or is scheduled to navigate into, ‘‘(23) ‘transport’ means to initiate, arrange after subsection (c) the following: through or from waters beyond the outer or exercise effective control, including deci- ‘‘(d) DEFINITIONS.—As used in this section, limit of the territorial sea of a single coun- sionmaking authority, over the movement of section 2280a, section 2281, and section 2281a, try or a lateral limit of that country’s terri- a person or item; and the term— torial sea with an adjacent country; ‘‘(24) ‘United States’, when used in a geo- ‘‘(1) ‘applicable treaty’ means— ‘‘(6) ‘explosive material’ has the meaning graphical sense, includes the Commonwealth ‘‘(A) the Convention for the Suppression of given the term in section 841(c) and includes of Puerto Rico, the Commonwealth of the Unlawful Seizure of Aircraft, done at The explosive as defined in section 844(j) of this Northern Mariana Islands, and all territories Hague on 16 December 1970; title; and possessions of the United States.’’; and ‘‘(B) the Convention for the Suppression of ‘‘(7) ‘infrastructure facility’ has the mean- (5) by inserting after subsection (d) (as Unlawful Acts against the Safety of Civil ing given the term in section 2332f(e)(5) of added by paragraph (4) of this section) the Aviation, done at Montreal on 23 September this title; following: 1971; ‘‘(8) ‘international organization’ has the ‘‘(e) EXCEPTIONS.—This section shall not ‘‘(C) the Convention on the Prevention and meaning given the term in section 831(f)(3) of apply to— Punishment of Crimes against Internation- this title; ‘‘(1) the activities of armed forces during ally Protected Persons, including Diplomatic ‘‘(9) ‘military forces of a state’ means the an armed conflict, as those terms are under- Agents, adopted by the General Assembly of armed forces of a state which are organized, stood under the law of war, which are gov- the United Nations on 14 December 1973; trained, and equipped under its internal law erned by that law; or ‘‘(D) International Convention against the for the primary purpose of national defense ‘‘(2) activities undertaken by military Taking of Hostages, adopted by the General or security, and persons acting in support of forces of a state in the exercise of their offi- Assembly of the United Nations on 17 De- those armed forces who are under their for- cial duties. cember 1979; mal command, control, and responsibility; ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.— ‘‘(E) the Convention on the Physical Pro- ‘‘(10) ‘national of the United States’ has The master of a covered ship flying the flag tection of Nuclear Material, done at Vienna the meaning stated in section 101(a)(22) of of the United States who has reasonable on 26 October 1979; the Immigration and Nationality Act (8 grounds to believe that there is on board ‘‘(F) the Protocol for the Suppression of U.S.C. 1101(a)(22)); that ship any person who has committed an Unlawful Acts of Violence at Airports Serv- ‘‘(11) ‘Non-Proliferation Treaty’ means the offense under section 2280 or section 2280a ing International Civil Aviation, supple- Treaty on the Non-Proliferation of Nuclear may deliver such person to the authorities of mentary to the Convention for the Suppres- Weapons, done at Washington, London, and a country that is a party to the Convention sion of Unlawful Acts against the Safety of Moscow on 1 July 1968; for the Suppression of Unlawful Acts against Civil Aviation, done at Montreal on 24 Feb- ‘‘(12) ‘Non-Proliferation Treaty State the Safety of Maritime Navigation. Before ruary 1988; Party’ means any State Party to the Non- delivering such person to the authorities of ‘‘(G) the Protocol for the Suppression of Proliferation Treaty, to include Taiwan, another country, the master shall notify in Unlawful Acts against the Safety of Fixed which shall be considered to have the obliga- an appropriate manner the Attorney General Platforms Located on the Continental Shelf, tions under the Non-Proliferation Treaty of of the United States of the alleged offense done at Rome on 10 March 1988; a party to that treaty other than a Nuclear and await instructions from the Attorney

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When de- ‘‘(I) such item is transported to or from the ‘‘(ii) in the United States, including the livering the person to a country which is a territory of, or otherwise under the control territorial seas; or state party to the Convention, the master of, a Non-Proliferation Treaty State Party; ‘‘(iii) by a national of the United States, by shall, whenever practicable, and if possible and a United States corporation or legal entity, before entering the territorial sea of such ‘‘(II) the resulting transfer or receipt (in- or by a stateless person whose habitual resi- country, notify the authorities of such coun- cluding internal to a country) is not con- dence is in the United States; try of the master’s intention to deliver such trary to the obligations under the Non-Pro- ‘‘(B) during the commission of such activ- person and the reasons therefor. If the mas- liferation Treaty of the Non-Proliferation ity, a national of the United States is seized, ter delivers such person, the master shall Treaty State Party from which, to the terri- threatened, injured, or killed; or furnish to the authorities of such country tory of which, or otherwise under the control ‘‘(C) the offender is later found in the the evidence in the master’s possession that of which such item is transferred; United States after such activity is com- pertains to the alleged offense. ‘‘(iv) any equipment, materials, or soft- mitted; ‘‘(g)(1) CIVIL FORFEITURE.—Any real or per- ware or related technology that significantly ‘‘(2) in the case of a ship navigating or sonal property used or intended to be used to contributes to the design or manufacture of scheduled to navigate solely within the terri- commit or to facilitate the commission of a a nuclear weapon or other nuclear explosive torial sea or internal waters of a country violation of this section, the gross proceeds device, with the intention that it will be other than the United States, if the offender of such violation, and any real or personal used for such purpose, except where— is later found in the United States after such property traceable to such property or pro- ‘‘(I) the country to the territory of which activity is committed; or ceeds, shall be subject to forfeiture. or under the control of which such item is ‘‘(3) in the case of any vessel, if such activ- ‘‘(2) APPLICABLE PROCEDURES.—Seizures transferred is a Nuclear Weapon State Party ity is committed in an attempt to compel and forfeitures under this section shall be to the Non-Proliferation Treaty; and governed by the provisions of chapter 46 of the United States to do or abstain from ‘‘(II) the resulting transfer or receipt (in- doing any act. title 18, United States Code, relating to civil cluding internal to a country) is not con- forfeitures, except that such duties as are ‘‘(c) EXCEPTIONS.—This section shall not trary to the obligations under the Non-Pro- imposed upon the Secretary of the Treasury apply to— liferation Treaty of a Non-Proliferation under the customs laws described in section ‘‘(1) the activities of armed forces during Treaty State Party from which, to the terri- 981(d) shall be performed by such officers, an armed conflict, as those terms are under- tory of which, or otherwise under the control agents, and other persons as may be des- stood under the law of war, which are gov- of which such item is transferred; ignated for that purpose by the Secretary of erned by that law; or ‘‘(v) any equipment, materials, or software Homeland Security, the Attorney General, ‘‘(2) activities undertaken by military or related technology that significantly con- or the Secretary of Defense.’’. forces of a state in the exercise of their offi- tributes to the delivery of a nuclear weapon cial duties. SEC. 802. NEW SECTION 2280A OF TITLE 18, or other nuclear explosive device, with the UNITED STATES CODE. ‘‘(d)(1) CIVIL FORFEITURE.—Any real or per- intention that it will be used for such pur- (a) IN GENERAL.—Chapter 111 of title 18, sonal property used or intended to be used to United States Code, is amended by adding pose, except where— commit or to facilitate the commission of a after section 2280 the following new section: ‘‘(I) such item is transported to or from the violation of this section, the gross proceeds territory of, or otherwise under the control of such violation, and any real or personal ‘‘§ 2280a. Violence against maritime naviga- of, a Non-Proliferation Treaty State Party; property traceable to such property or pro- tion and maritime transport involving and ceeds, shall be subject to forfeiture. weapons of mass destruction ‘‘(II) such item is intended for the delivery ‘‘(2) APPLICABLE PROCEDURES.—Seizures ‘‘(a) OFFENSES.— system of a nuclear weapon or other nuclear and forfeitures under this section shall be ‘‘(1) IN GENERAL.—Subject to the excep- explosive device of a Nuclear Weapon State governed by the provisions of chapter 46 of tions in subsection (c), a person who unlaw- Party to the Non-Proliferation Treaty; or title 18, United States Code, relating to civil fully and intentionally— ‘‘(vi) any equipment, materials, or soft- forfeitures, except that such duties as are ‘‘(A) when the purpose of the act, by its na- ware or related technology that significantly imposed upon the Secretary of the Treasury ture or context, is to intimidate a popu- contributes to the design, manufacture, or under the customs laws described in section lation, or to compel a government or an delivery of a biological or chemical weapon, 981(d) shall be performed by such officers, international organization to do or to ab- with the intention that it will be used for agents, and other persons as may be des- stain from doing any act— such purpose; ignated for that purpose by the Secretary of ‘‘(i) uses against or on a ship or discharges ‘‘(C) transports another person on board a Homeland Security, the Attorney General, from a ship any explosive or radioactive ma- ship knowing that the person has committed or the Secretary of Defense.’’. terial, biological, chemical, or nuclear weap- an act that constitutes an offense under sec- (b) CONFORMING AMENDMENT.—The table of on or other nuclear explosive device in a tion 2280 or subparagraph (A), (B), (D), or (E) sections at the beginning of chapter 111 of manner that causes or is likely to cause of this section or an offense set forth in an title 18, United States Code, is amended by death to any person or serious injury or applicable treaty, as specified in section adding after the item relating to section 2280 damage; 2280(d)(1), and intending to assist that person the following new item: ‘‘(ii) discharges from a ship oil, liquefied to evade criminal prosecution; ‘‘2280a. Violence against maritime naviga- natural gas, or another hazardous or noxious ‘‘(D) injures or kills any person in connec- tion and maritime transport in- substance that is not covered by clause (i), in tion with the commission or the attempted volving weapons of mass de- such quantity or concentration that causes commission of any of the offenses set forth struction.’’. or is likely to cause death to any person or in subparagraphs (A) through (C), or sub- SEC. 803. AMENDMENTS TO SECTION 2281 OF serious injury or damage; or section (a)(2), to the extent that the sub- TITLE 18, UNITED STATES CODE. ‘‘(iii) uses a ship in a manner that causes section (a)(2) offense pertains to subpara- Section 2281 of title 18, United States Code, death to any person or serious injury or graph (A); or is amended— damage; ‘‘(E) attempts to do any act prohibited (1) in subsection (c), by striking ‘‘section ‘‘(B) transports on board a ship— under subparagraph (A), (B) or (D), or con- 2(c)’’ and inserting ‘‘section 13(c)’’; ‘‘(i) any explosive or radioactive material, spires to do any act prohibited by subpara- (2) in subsection (d), by striking the defini- knowing that it is intended to be used to graphs (A) through (E) or subsection (a)(2), tions of ‘‘national of the United States,’’ cause, or in a threat to cause, death to any shall be fined under this title, imprisoned ‘‘territorial sea of the United States,’’ and person or serious injury or damage for the not more than 20 years, or both; and if the ‘‘United States’’; and purpose of intimidating a population, or death of any person results from conduct (3) by inserting after subsection (d) the fol- compelling a government or an international prohibited by this paragraph, shall be im- lowing: organization to do or to abstain from doing prisoned for any term of years or for life. ‘‘(e) EXCEPTIONS.—This section does not any act; ‘‘(2) THREATS.—A person who threatens, apply to— ‘‘(ii) any biological, chemical, or nuclear with apparent determination and will to ‘‘(1) the activities of armed forces during weapon or other nuclear explosive device, carry the threat into execution, to do any an armed conflict, as those terms are under- knowing it to be a biological, chemical, or act prohibited under paragraph (1)(A) shall stood under the law of war, which are gov- nuclear weapon or other nuclear explosive be fined under this title, imprisoned not erned by that law; or device; more than 5 years, or both. ‘‘(2) activities undertaken by military ‘‘(iii) any source material, special fission- ‘‘(b) JURISDICTION.—There is jurisdiction forces of a state in the exercise of their offi- able material, or equipment or material es- over the activity prohibited in subsection cial duties.’’. pecially designed or prepared for the proc- (a)— SEC. 804. NEW SECTION 2281A OF TITLE 18, essing, use, or production of special fission- ‘‘(1) in the case of a covered ship, if— UNITED STATES CODE. able material, knowing that it is intended to ‘‘(A) such activity is committed— (a) IN GENERAL.—Chapter 111 of title 18, be used in a nuclear explosive activity or in ‘‘(i) against or on board a vessel of the United States Code, is amended by adding any other nuclear activity not under safe- United States or a vessel subject to the juris- after section 2281 the following new section: guards pursuant to an International Atomic diction of the United States (as defined in ‘‘§ 2281a. Additional offenses against maritime Energy Agency comprehensive safeguards section 70502 of title 46) at the time the pro- fixed platforms agreement, except where— hibited activity is committed; ‘‘(a) OFFENSES.—

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‘‘(1) IN GENERAL.—A person who unlawfully SEC. 805. ANCILLARY MEASURE. ‘‘(c) PENALTIES.—Whoever violates this and intentionally— Section 2332b(g)(5)(B) of title 18, United section shall be fined not more than ‘‘(A) when the purpose of the act, by its na- States Code, is amended by inserting ‘‘2280a $2,000,000 and shall be imprisoned for any ture or context, is to intimidate a popu- (relating to maritime safety),’’ before ‘‘2281’’, term of years or for life. lation, or to compel a government or an and by striking ‘‘2281’’ and inserting ‘‘2281 ‘‘(d) NONAPPLICABILITY.—This section does international organization to do or to ab- through 2281a’’. not apply to— stain from doing any act— Subtitle B—Prevention of Nuclear Terrorism ‘‘(1) the activities of armed forces during ‘‘(i) uses against or on a fixed platform or SEC. 811. NEW SECTION 2332I OF TITLE 18, an armed conflict, as those terms are under- discharges from a fixed platform any explo- UNITED STATES CODE. stood under the law of war, which are gov- sive or radioactive material, biological, (a) IN GENERAL.—Chapter 113B of title 18, erned by that law; or chemical, or nuclear weapon in a manner United States Code, is amended by adding ‘‘(2) activities undertaken by military that causes or is likely to cause death or se- after section 2332h the following: forces of a state in the exercise of their offi- rious injury or damage; or ‘‘§ 2332i. Acts of nuclear terrorism cial duties. ‘‘(ii) discharges from a fixed platform oil, ‘‘(e) DEFINITIONS.—As used in this section, ‘‘(a) OFFENSES.— the term— liquefied natural gas, or another hazardous ‘‘(1) IN GENERAL.—Whoever knowingly and or noxious substance that is not covered by ‘‘(1) ‘armed conflict’ has the meaning given unlawfully— that term in section 2332f(e)(11) of this title; clause (i), in such quantity or concentration ‘‘(A) possesses radioactive material or ‘‘(2) ‘device’ means: that causes or is likely to cause death or se- makes or possesses a device— ‘‘(A) any nuclear explosive device; or rious injury or damage; ‘‘(i) with the intent to cause death or seri- ‘‘(B) any radioactive material dispersal or ‘‘(B) injures or kills any person in connec- ous bodily injury; or radiation-emitting device that may, owing tion with the commission or the attempted ‘‘(ii) with the intent to cause substantial to its radiological properties, cause death, commission of any of the offenses set forth damage to property or the environment; or serious bodily injury or substantial damage in subparagraph (A); or ‘‘(B) uses in any way radioactive material to property or the environment; ‘‘(C) attempts or conspires to do anything or a device, or uses or damages or interferes ‘‘(3) ‘international organization’ has the prohibited under subparagraph (A) or (B), with the operation of a nuclear facility in a meaning given that term in section 831(f)(3) shall be fined under this title, imprisoned manner that causes the release of or in- of this title; not more than 20 years, or both; and if death creases the risk of the release of radioactive ‘‘(4) ‘military forces of a state’ means the results to any person from conduct prohib- material, or causes radioactive contamina- armed forces of a country that are organized, ited by this paragraph, shall be imprisoned tion or exposure to radiation— trained and equipped under its internal law for any term of years or for life. ‘‘(i) with the intent to cause death or seri- for the primary purpose of national defense ‘‘(2) THREAT TO SAFETY.—A person who ous bodily injury or with the knowledge that or security and persons acting in support of threatens, with apparent determination and such act is likely to cause death or serious those armed forces who are under their for- will to carry the threat into execution, to do bodily injury; mal command, control and responsibility; any act prohibited under paragraph (1)(A), ‘‘(ii) with the intent to cause substantial ‘‘(5) ‘national of the United States’ has the shall be fined under this title, imprisoned damage to property or the environment or meaning given that term in section 101(a)(22) not more than 5 years, or both. with the knowledge that such act is likely to of the Immigration and Nationality Act (8 ‘‘(b) JURISDICTION.—There is jurisdiction cause substantial damage to property or the U.S.C. 1101(a)(22)); over the activity prohibited in subsection (a) environment; or ‘‘(6) ‘nuclear facility’ means: if— ‘‘(iii) with the intent to compel a person, ‘‘(A) any nuclear reactor, including reac- ‘‘(1) such activity is committed against or an international organization or a country tors on vessels, vehicles, aircraft or space ob- on board a fixed platform— to do or refrain from doing an act, jects for use as an energy source in order to ‘‘(A) that is located on the continental shall be punished as prescribed in subsection propel such vessels, vehicles, aircraft or shelf of the United States; (c). space objects or for any other purpose; ‘‘(B) that is located on the continental ‘‘(2) THREATS.—Whoever, under cir- ‘‘(B) any plant or conveyance being used shelf of another country, by a national of the cumstances in which the threat may reason- for the production, storage, processing or United States or by a stateless person whose ably be believed, threatens to commit an of- transport of radioactive material; or habitual residence is in the United States; or fense under paragraph (1) shall be punished ‘‘(C) a facility (including associated build- as prescribed in subsection (c). Whoever de- ‘‘(C) in an attempt to compel the United ings and equipment) in which nuclear mate- mands possession of or access to radioactive States to do or abstain from doing any act; rial is produced, processed, used, handled, material, a device or a nuclear facility by ‘‘(2) during the commission of such activ- stored or disposed of, if damage to or inter- threat or by use of force shall be punished as ity against or on board a fixed platform lo- ference with such facility could lead to the prescribed in subsection (c). cated on a continental shelf, a national of release of significant amounts of radiation or ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Who- the United States is seized, threatened, in- radioactive material; ever attempts to commit an offense under jured, or killed; or ‘‘(7) ‘nuclear material’ has the meaning paragraph (1) or conspires to commit an of- ‘‘(3) such activity is committed against or given that term in section 831(f)(1) of this fense under paragraph (1) or (2) shall be pun- on board a fixed platform located outside the title; United States and beyond the continental ished as prescribed in subsection (c). ‘‘(b) JURISDICTION.—Conduct prohibited by ‘‘(8) ‘radioactive material’ means nuclear shelf of the United States and the offender is material and other radioactive substances later found in the United States. subsection (a) is within the jurisdiction of the United States if— that contain nuclides that undergo sponta- ‘‘(c) EXCEPTIONS.—This section does not ‘‘(1) the prohibited conduct takes place in neous disintegration (a process accompanied apply to— the United States or the special aircraft ju- by emission of one or more types of ionizing ‘‘(1) the activities of armed forces during risdiction of the United States; radiation, such as alpha-, beta-, neutron par- an armed conflict, as those terms are under- ‘‘(2) the prohibited conduct takes place ticles and gamma rays) and that may, owing stood under the law of war, which are gov- outside of the United States and— to their radiological or fissile properties, erned by that law; or ‘‘(A) is committed by a national of the cause death, serious bodily injury or sub- ‘‘(2) activities undertaken by military United States, a United States corporation stantial damage to property or to the envi- forces of a state in the exercise of their offi- or legal entity or a stateless person whose ronment; cial duties. habitual residence is in the United States; ‘‘(9) ‘serious bodily injury’ has the meaning ‘‘(d) DEFINITIONS.—In this section— ‘‘(B) is committed on board a vessel of the given that term in section 831(f)(4) of this ‘‘(1) ‘continental shelf’ means the sea-bed United States or a vessel subject to the juris- title; and subsoil of the submarine areas that ex- diction of the United States (as defined in ‘‘(10) ‘state’ has the same meaning as that tend beyond a country’s territorial sea to section 70502 of title 46) or on board an air- term has under international law, and in- the limits provided by customary inter- craft that is registered under United States cludes all political subdivisions thereof; national law as reflected in Article 76 of the law, at the time the offense is committed; or ‘‘(11) ‘state or government facility’ has the 1982 Convention on the Law of the Sea; and ‘‘(C) is committed in an attempt to compel meaning given that term in section ‘‘(2) ‘fixed platform’ means an artificial is- the United States to do or abstain from 2332f(e)(3) of this title; land, installation, or structure permanently doing any act, or constitutes a threat di- ‘‘(12) ‘United States corporation or legal attached to the sea-bed for the purpose of ex- rected at the United States; entity’ means any corporation or other enti- ploration or exploitation of resources or for ‘‘(3) the prohibited conduct takes place ty organized under the laws of the United other economic purposes.’’. outside of the United States and a victim or States or any State, Commonwealth, terri- (b) CONFORMING AMENDMENT.—The table of an intended victim is a national of the tory, possession or district of the United sections at the beginning of chapter 111 of United States or a United States corporation States; title 18, United States Code, is amended by or legal entity, or the offense is committed ‘‘(13) ‘vessel’ has the meaning given that adding after the item relating to section 2281 against any state or government facility of term in section 1502(19) of title 33; and the following new item: the United States; or ‘‘(14) ‘vessel of the United States’ has the ‘‘2281a. Additional offenses against maritime ‘‘(4) a perpetrator of the prohibited con- meaning given that term in section 70502 of fixed platforms.’’. duct is found in the United States. title 46.’’.

VerDate Sep 11 2014 05:49 Jun 01, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A31MY6.014 S31MYPT1 emcdonald on DSK67QTVN1PROD with SENATE May 31, 2015 CONGRESSIONAL RECORD — SENATE S3371 (b) CLERICAL AMENDMENT.—The table of ‘‘(9) the term ‘military forces of a state’ bloc: Calendar Nos. 95 and 125; that the sections at the beginning of chapter 113B of means the armed forces of a country that are nominations be confirmed, the motions title 18, United States Code, is amended by organized, trained and equipped under its in- to reconsider be considered made and inserting after the item relating to section ternal law for the primary purpose of na- laid upon the table with no intervening 2332h the following: tional defense or security and persons acting action or debate; that no further mo- ‘‘2332i. Acts of nuclear terrorism.’’. in support of those armed forces who are (c) DISCLAIMER.—Nothing contained in this under their formal command, control and re- tions be in order; that any statements section is intended to affect the applicability sponsibility; related to the nominations be printed of any other Federal or State law that might ‘‘(10) the term ‘state’ has the same mean- in the RECORD; that the President be pertain to the underlying conduct. ing as that term has under international immediately notified of the Senate’s (d) INCLUSION IN DEFINITION OF FEDERAL law, and includes all political subdivisions actions, and the Senate then resume CRIMES OF TERRORISM.—Section thereof; legislative session. 2332b(g)(5)(B) of title 18, United States Code, ‘‘(11) the term ‘state or government facil- The PRESIDING OFFICER. Without is amended by inserting ‘‘2332i (relating to ity’ has the meaning given that term in sec- acts of nuclear terrorism),’’ before ‘‘2339 (re- tion 2332f(e)(3) of this title; and objection, it is so ordered. lating to harboring terrorists)’’. ‘‘(12) the term ‘vessel of the United States’ The nominations considered and con- SEC. 812. AMENDMENT TO SECTION 831 OF TITLE has the meaning given that term in section firmed en bloc are as follows: 18, UNITED STATES CODE. 70502 of title 46.’’. IN THE AIR FORCE Section 831 of title 18, United States Code, The following named officer for appoint- is amended— SA 1453. Mr. MCCONNELL proposed an ment as Vice Chief of Staff, United States (a) in subsection (a)— amendment to amendment SA 1452 pro- (1) by redesignating paragraphs (3) through Air Force, and appointment in the United posed by Mr. MCCONNELL (for himself (8) as paragraphs (4) through (9); States Air Force to the grade indicated while (2) by inserting after paragraph (2) the fol- and Mr. BURR) to the bill H.R. 2048, to assigned to a position of importance and re- lowing: reform the authorities of the Federal sponsibility under title 10, U.S.C., sections ‘‘(3) without lawful authority, inten- Government to require the production 8034 and 601: tionally carries, sends or moves nuclear ma- of certain business records, conduct To be general terial into or out of a country;’’; electronic surveillance, use pen reg- Lt. Gen. David L. Goldfein (3) in paragraph (8), as redesignated, by isters and trap and trace devices, and IN THE COAST GUARD striking ‘‘an offense under paragraph (1), (2), use other forms of information gath- The following officer for appointment in (3), or (4)’’ and inserting ‘‘any act prohibited ering for foreign intelligence, counter- under paragraphs (1) through (5)’’; and the United States Coast Guard to the grade (4) in paragraph (9), as redesignated, by terrorism, and criminal purposes, and indicated while assigned to a position of im- striking ‘‘an offense under paragraph (1), (2), for other purposes; as follows: portance and responsibility as Deputy Com- (3), or (4)’’ and inserting ‘‘any act prohibited At the end of the amendment, add the fol- mandant for Mission Support under title 14, under paragraphs (1) through (7)’’; lowing: U.S.C., section 50: (b) in subsection (b)— ‘‘This Act shall take effect 1 day after the To be vice admiral (1) in paragraph (1), by striking ‘‘(7)’’ and date of enactment.’’ Rear Adm. Sandra L. Stosz inserting ‘‘(8)’’; and f (2) in paragraph (2), by striking ‘‘(8)’’ and f inserting ‘‘(9)’’; EXPRESSING APPRECIATION OF LEGISLATIVE SESSION (c) in subsection (c)— THE GOALS OF AMERICAN (1) in subparagraph (2)(A), by adding after CRAFT BEER WEEK The PRESIDING OFFICER. The Sen- ‘‘United States’’ the following: ‘‘or a state- ate will now resume legislative session. less person whose habitual residence is in the Mr. MCCONNELL. Madam President, United States’’; I ask unanimous consent that the Sen- f (2) by striking paragraph (5); ate proceed to the immediate consider- ORDERS FOR MONDAY, JUNE 1, (3) in paragraph (4), by striking ‘‘or’’ at the ation of S. Res. 188, submitted earlier 2015 end; and today. (4) by inserting after paragraph (4), the fol- Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. The lowing: I ask unanimous consent that when the clerk will report the resolution by ‘‘(5) the offense is committed on board a Senate completes its business today, it title. vessel of the United States or a vessel sub- adjourn until 12 noon on Monday, June ject to the jurisdiction of the United States The legislative clerk read as follows: 1; that following the prayer and pledge, (as defined in section 70502 of title 46) or on A resolution (S. Res. 188) expressing appre- board an aircraft that is registered under the morning hour be deemed expired, ciation of the goals of American Craft Beer the Journal of proceedings be approved United States law, at the time the offense is Week and commending the small and inde- committed; pendent craft brewers of the United States. to date, and the time for the two lead- ‘‘(6) the offense is committed outside the ers be reserved for their use later in There being no objection, the Senate United States and against any state or gov- the day; that following leader remarks, proceeded to consider the resolution. ernment facility of the United States; or the Senate be in a period of morning Mr. MCCONNELL. Madam President, ‘‘(7) the offense is committed in an attempt business for 1 hour, with Senators per- to compel the United States to do or abstain I ask unanimous consent that the reso- mitted to speak therein for up to 10 from doing any act, or constitutes a threat lution be agreed to, the preamble be minutes each; finally, that following directed at the United States.’’; agreed to, and the motions to recon- morning business, the Senate then re- (d) by redesignating subsections (d) sider be made and laid upon the table through (f) as (e) through (g), respectively; sume consideration of H.R. 2048. with no intervening action or debate. (e) by inserting after subsection (c) the fol- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without lowing: objection, it is so ordered. ‘‘(d) NONAPPLICABILITY.—This section does objection, it is so ordered. not apply to— The resolution (S. Res. 188) was f ‘‘(1) the activities of armed forces during agreed to. ADJOURNMENT UNTIL TOMORROW an armed conflict, as those terms are under- The preamble was agreed to. stood under the law of war, which are gov- (The resolution, with its preamble, is Mr. MCCONNELL. If there is no fur- erned by that law; or ther business to come before the Sen- ‘‘(2) activities undertaken by military printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) ate, I ask unanimous consent that it forces of a state in the exercise of their offi- stand adjourned under the previous cial duties.’’; and f (f) in subsection (g), as redesignated— order. (1) in paragraph (6), by striking ‘‘and’’ at EXECUTIVE SESSION There being no objection, the Senate, the end; at 9:44 p.m., adjourned until Monday, (2) in paragraph (7), by striking the period June 1, 2015, at 12 noon. at the end and inserting a semicolon; and EXECUTIVE CALENDAR (3) by inserting after paragraph (7), the fol- f Mr. MCCONNELL. Madam President, lowing: CONFIRMATIONS ‘‘(8) the term ‘armed conflict’ has the I ask unanimous consent that the Sen- meaning given that term in section ate proceed to executive session to con- Executive nominations confirmed by 2332f(e)(11) of this title; sider the following nominations en the Senate May 31, 2015:

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IN THE AIR FORCE To be general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY AS DEPUTY COMMANDANT FOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. DAVID L. GOLDFEIN MISSION SUPPORT UNDER TITLE 14, U.S.C., SECTION 50: AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, AND APPOINTMENT IN THE UNITED STATES AIR FORCE IN THE COAST GUARD To be vice admiral TO THE GRADE INDICATED WHILE ASSIGNED TO A POSI- TION OF IMPORTANCE AND RESPONSIBILITY UNDER THE FOLLOWING OFFICER FOR APPOINTMENT IN THE REAR ADM. SANDRA L. STOSZ TITLE 10, U.S.C., SECTIONS 8034 AND 601: UNITED STATES COAST GUARD TO THE GRADE INDI-

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