E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, THURSDAY, DECEMBER 27, 2012 No. 168 House of Representatives The House met at 2 p.m. and was come forward and lead the House in the bill, Mr. Speaker, that has passed called to order by the Speaker pro tem- Pledge of Allegiance. through the Senate in a bipartisan pore (Mr. LATOURETTE). Mr. KUCINICH led the Pledge of Alle- fashion and passed out of the com- f giance as follows: mittee in this House in a bipartisan fashion. We are facing sequestration on DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- January 2 that every Member of this PRO TEMPORE lic for which it stands, one nation under God, House believes is an irrational alter- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. native. We have many of our fellow fore the House the following commu- f citizens battered by Sandy, one of the nication from the Speaker: UNFINISHED BUSINESS largest storms to hit the Northeast WASHINGTON, DC, ever. The Senate is now considering a December 27, 2012. (Mr. HOYER asked and was given foreign intelligence surveillance act, a I hereby appoint the Honorable STEVEN C. permission to address the House for 1 piece of legislation to keep our country LATOURETTE to act as Speaker pro tempore minute.) safe and secure. We have doctors who on this day. Mr. HOYER. Mr. Speaker, we are in are worrying about whether they’re JOHN A. BOEHNER, pro forma session. Pro forma session is Speaker of the House of Representatives. going to be reimbursed for their med- a session without substance or solu- ical expenses that they deliver to sen- f tions. ior citizens. We have an alternative PRAYER We have much to do, Mr. Speaker. minimum tax that will expire on De- The Chaplain, the Reverend Patrick Millions of Americans returned to cember 31, resulting in a tax increase J. Conroy, offered the following prayer: work yesterday. Millions more have re- to many of our citizens. We have tax God of all creation, we give You turned to work today after taking off extenders that have not been extended. thanks for giving us another day. time for their holidays. We have a jobs bill that the President As this Chamber lies silent still, we Mr. Speaker, we have, as you well has asked for that has not been consid- pray for hope as many Americans expe- know, a long list of expiring items this ered, much less passed. rience anxiety about their future. House must complete before the end of Mr. Speaker, we ought to be here, Send a spirit of wisdom and good the year or it will have adverse con- working, addressing these challenges. judgment upon the leaders of Congress sequences to our people. Everywhere, Mr. Speaker, that you and that they might forge a solution to as- First I want to say, Mr. Speaker, I go, I know that we hear, ‘‘What are suage the concerns of their fellow citi- that you are one who has been working you doing on the fiscal cliff?’’ Or ‘‘I zens. very hard to assure that we reached so- hope you’re working hard on the fiscal Send us Your spirit so that there lutions, and I want to thank you for cliff.’’ might be peace on Earth and good will that. Some of us are here in this Cham- Mr. Speaker, lamentably, I must tell among all men and women. ber today, but, very frankly, all of us them, we’re not working. We’re not May all that is done this day be for ought to be here in this Chamber here. We’re not addressing the chal- Your greater honor and glory. today, all the Republicans and all the lenges that I have just mentioned. Amen. Democrats, working so that our people Mr. Speaker, I would hope that the have confidence that although our f Speaker of the House would call us challenges are tough, that we are at back immediately to address these THE JOURNAL least here trying to reach a consensus challenges. We have 4 days left to go The SPEAKER pro tempore. The on solutions to those challenges. before the end of this year, before all of Chair has examined the Journal of the Mr. Speaker, as you well know, on those items that I spoke about expire. last day’s proceedings and announces January 1, middle class taxes will rise. The sequester happens the 2nd day of to the House his approval thereof. Indeed, taxes on all Americans will January. Pursuant to clause 1, rule I, the Jour- rise. Mr. Speaker, you are also aware We ought to be here working, Mr. nal stands approved. that we have legislation that has Speaker. We’re not. This is a pro forma f passed the Senate overwhelmingly on a session. As I said at the beginning, a bipartisan, 68–31, vote to address the pro forma session is a session without PLEDGE OF ALLEGIANCE issue of violence against women. Postal substance and without solutions. The SPEAKER pro tempore. Will the reform legislation passed the Senate in I would urge the Speaker of this gentleman from Ohio (Mr. KUCINICH) a bipartisan fashion. We have a farm House to call us back in session to do

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 00:54 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27DE7.000 H27DEPT1 pwalker on DSK7TPTVN1PROD with H7434 CONGRESSIONAL RECORD — HOUSE December 27, 2012 what America expects us to do: address H.R. 3912. To designate the facility of the 8924. A letter from the Director, Regu- the challenges, find solutions, come to United States Postal Service located at 110 latory Management Division, Environmental agreement, make compromises, make Mastic Road in Mastic Beach, New York, as Protection Agency, transmitting the Agen- democracy in America work and give the ‘‘Brigadier General Nathaniel Woodhull cy’s final rule — Approval and Promulgation Post Office Building’’. of Air Quality Implementation Plans; State confidence to our people and to our H.R. 3870. To designate the facility of the of Colorado; Motor Vehicle Inspection and economy. United States Postal Service located at 6083 Maintenance Program — Deletion of Final I hope, Mr. Speaker, that the Speak- Highway 36 West in Rose Bud, Arkansas, as Enhanced Inspection and Maintenance Emis- er will do that and will do it today. the ‘‘Nicky ‘Nick’ Daniel Bacon Post Office’’. sion Cutpoint Standards [EPA-R08-OAR-2011- f H.R. 3477. To designate the facility of the 1004; FRL-9676-3] received December 18, 2012, United States Postal Service located at 133 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- COMMUNICATION FROM THE Hare Road in Crosby, Texas, as the Army mittee on Energy and Commerce. CLERK OF THE HOUSE First Sergeant David McNerney Post Office 8925. A letter from the Director, Regu- Building. latory Management Division, Environmental The SPEAKER pro tempore laid be- Protection Agency, transmitting the Agen- f fore the House the following commu- cy’s final rule — Approval and Promulgation nication from the Clerk of the House of ADJOURNMENT TO MONDAY, of Air Quality Implementation Plans; Per- Representatives: DECEMBER 31, 2012 mits for Major Stationary Sources and Major Modifications Locating in Prevention of Sig- OFFICE OF THE CLERK, The SPEAKER pro tempore. Without HOUSE OF REPRESENTATIVES, nificant Deterioration Areas and Permits for Washington, DC, December 27, 2012. objection, when the House adjourns Major Stationary Sources Locating in Non- Hon. JOHN A. BOEHNER, today, it shall adjourn to meet at 2 attainment Areas or the Ozone Transport The Speaker, House of Representatives, p.m. on Monday, December 31, 2012. Region [EPA-R03-OAR-2011-0926; FRL-9763-4] Washington, DC. There was no objection. received December 18, 2012, pursuant to 5 DEAR MR. SPEAKER: Pursuant to the per- f U.S.C. 801(a)(1)(A); to the Committee on En- mission granted in clause 2(h) of rule I of the ergy and Commerce. Rules of the U.S. House of Representatives, ADJOURNMENT 8926. A letter from the Director, Regu- the Clerk received the following message The SPEAKER pro tempore. Without latory Management Division, Environmental Protection Agency, transmitting the Agen- from the Secretary of the Senate on Decem- objection, the House stands adjourned ber 27, 2012, at 11:19 a.m.: cy’s final rule — Approval and Promulgation That the Senate passed without amend- until 2 p.m. on Monday, December 31, of Air Quality Implementation Plans; New ment H.R. 1339. 2012. York, New Jersey, and Connecticut; Deter- That the Senate passed with an amend- There was no objection. mination of Attainment of the 2006 Fine Par- ment H.R. 4212. Thereupon (at 2 o’clock and 9 min- ticle Standard [Docket No.: EPA-R02-OAR- That the Senate passed without amend- utes p.m.), under its previous order, the 2012-0504; FRL-9763-6] received December 18, ment H.R. 5859. House adjourned until Monday, Decem- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the That the Senate passed with an amend- ber 31, 2012, at 2 p.m. Committee on Energy and Commerce. ment H.R. 6364. 8927. A letter from the Director, Regu- That the Senate passed S. 3709. f latory Management Division, Environmental That the Senate passed without amend- EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation ment H.R. 1845. ETC. With best wishes, I am of Air Quality Implementation Plans; Illi- Sincerely, Under clause 2 of rule XIV, executive nois; Infrastructure SIP Requirements for KAREN L. HAAS. communications were taken from the the 2006 PM2.5 NAAQS; Revisions to FIPs To Speaker’s table and referred as follows: Reduce Interstate Transport of PM2.5 and f Ozone; Correction [EPA-R05-OAR-2009-0805; 8919. A letter from the Director, Regu- SENATE BILL REFERRED EPA-HQ-OAR-2009-0491; FRL-9763-3] received latory Management Division, Environmental December 18, 2012, pursuant to 5 U.S.C. A bill of the Senate of the following Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Energy and title was taken from the Speaker’s cy’s final rule — Chlorantraniliprole; Pes- Commerce. table and, under the rule, referred as ticide Tolerances, Technical Correction 8928. A letter from the Director, Regu- follows: [EPA-HQ-OPP-2012-0029; FRL-9367-6] received latory Management Division, Environmental December 18, 2012, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- S. 3709. An act to require a Government 801(a)(1)(A); to the Committee on Agri- Accountability Office examination of trans- cy’s final rule — Approval and Promulgation culture. of Air Quality Implementation Plans; Indi- actions between large financial institutions 8920. A letter from the Director, Regu- and the Federal Government, and for other ana; Delaware County (Muncie), Indiana latory Management Division, Environmental Ozone Maintenance Plan Revision to Ap- purposes; to the Committee on Financial Protection Agency, transmitting the Agen- Services. proved Motor Vehicle Emissions Budgets cy’s final rule — Difenzoquat; Data Call-in [EPA-R05-OAR-2012-0537; FRL-9762-9] re- f Order for Pesticide Tolerances [EPA-HQ- ceived December 18, 2012, pursuant to 5 OPP-2012-0441; FRL-9372-9] received Decem- BILLS AND JOINT RESOLUTION U.S.C. 801(a)(1)(A); to the Committee on En- ber 18, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); ergy and Commerce. PRESENTED TO THE PRESIDENT to the Committee on Agriculture. 8929. A letter from the Director, Regu- Karen L. Haas, Clerk of the House, 8921. A letter from the Director, Regu- latory Management Division, Environmental reported that on December 21, 2012, she latory Management Division, Environmental Protection Agency, transmitting the Agen- presented to the President of the Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation cy’s final rule — Propiconazole; Pesticide United States, for his approval, the fol- of Implementation Plans; South Carolina Tolerances [EPA-HQ-OPP-2011-0772; FRL- 110(a)(1) and (2) Infrastructure Requirements lowing bills and joint resolution: 9369-5] received December 18, 2012, pursuant for the 1997 and 2006 Fine Particulate Matter H.J. Res. 122. Establishing the date for the to 5 U.S.C. 801(a)(1)(A); to the Committee on National Ambient Air Quality Standards; counting of the electoral votes for President Agriculture. Correction [EPA-R04-OAR-2012-0238; FRL- and Vice President cast by the electors in 8922. A letter from the Director, Regu- 9762-6] received December 18, 2012, pursuant December 2012. latory Management Division, Environmental to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 5837. To designate the facility of the Protection Agency, transmitting the Agen- Energy and Commerce. United States Postal Service located at 26 cy’s final rule — Quinclorac; Pesticide Toler- 8930. A letter from the Director, Regu- East Genesee Street in Baldwinsville, New ances [EPA-HQ-OPP-2012-0010; FRL-9372-4] latory Management Division, Environmental York, as the ‘‘Corporal Kyle Schneider Post received December 18, 2012, pursuant to 5 Protection Agency, transmitting the Agen- Office Building’’. U.S.C. 801(a)(1)(A); to the Committee on Ag- cy’s final rule — National Emissions Stand- H.R. 5954. To designate the facility of the riculture. ards for Hazardous Air Pollutants for Chem- United States Postal Service located at 320 8923. A letter from the Director, Regu- ical Manufacturing Area Sources [EPA-HQ- 7th Street in Ellwood City, Pennsylvania, as latory Management Division, Environmental OAR-2008-0334; FRL-9725-9] (RIN: 2060-AQ89) the ‘‘Sergeant Leslie H. Sabo, Jr. Post Office Protection Agency, transmitting the Agen- received December 18, 2012, pursuant to 5 Building’’. cy’s final rule — Spirotetramat; Pesticide U.S.C. 801(a)(1)(A); to the Committee on En- H.R. 5738. To designate the facility of the Tolerance for Emergency Exemption [EPA- ergy and Commerce. United States Postal Service located at 15285 HQ-OPP-2012-0900; FRL-9373-2] received De- 8931. A letter from the Director, Regu- Samohin Drive in Macomb, Michigan, as the cember 18, 2012, pursuant to 5 U.S.C. latory Management Division, Environmental ‘‘Lance Cpl. Anthony A. DiLisio Clinton- 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- Macomb Carrier Annex’’. culture. cy’s final rule — Revisions to the California

VerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27DE7.003 H27DEPT1 pwalker on DSK7TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — HOUSE H7435 State Implementation Plan, Imperial County 8943. A letter from the Chairman, Merit consideration. H.R. 3893 referred to the Air Pollution Control District [EPA-R09- Systems Protection Board, transmitting the Committee of the Whole House on the OAR-2012-0274; FRL-9730-4] received Decem- Board’s Fiscal Year 2012 Annual Financial state of the Union, and ordered to be ber 18, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Report; to the Committee on Oversight and printed. to the Committee on Energy and Commerce. Government Reform. 8932. A letter from the Director, Regu- 8944. A letter from the Director, Office of f latory Management Division, Environmental Personnel Management, transmitting the Of- PUBLIC BILLS AND RESOLUTIONS Protection Agency, transmitting the Agen- fice’s semiannual report from the office of cy’s final rule — Significant New Use Rule the Inspector General and the Management Under clause 2 of rule XII, public on Certain Chemical Substances; Withdrawal Response for the period April 1, 2012 through bills and resolutions of the following of Significant New Use Rules [EPA-HQ- September 30, 2012; to the Committee on titles were introduced and severally re- OPPT-2012-0740; FRL-9373-8] (RIN: 2070-AB27) Oversight and Government Reform. ferred, as follows: received December 18, 2012, pursuant to 5 8945. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on En- By Mr. JONES: ment of Health and Human Services, trans- H.R. 6706. A bill to amend the Fair Debt ergy and Commerce. mitting the Department’s determination on 8933. A letter from the Director, Regu- Collection Practices Act to preclude law a petition on behalf of workers employed at firms and licensed attorneys from the defini- latory Management Division, Environmental the Mound Plant in Miamisburg, Ohio, to be Protection Agency, transmitting the Agen- tion of a debt collector when taking certain added to the Special Exposure Cohort (SEC), actions; to the Committee on Financial cy’s final rule — Significant New Use Rules pursuant to the Energy Employees Occupa- on Certain Chemical Substances [EPA-HQ- Services. tional Illness Compensation Program Act of By Ms. RICHARDSON: OPPT-2012-0842; FRL-9372-8] (RIN: 2070-AB27) 2000 (EEOICPA); to the Committee on the received December 18, 2012, pursuant to 5 H.R. 6707. A bill to amend the Child Care Judiciary. U.S.C. 801(a)(1)(A); to the Committee on En- and Development Block Grant Act of 1990 to 8946. A letter from the Assistant Secretary ergy and Commerce. authorize a national toll-free hotline and 8934. A letter from the Assistant Secretary, of the Army, Civil Works, Department of De- website, to develop and disseminate child Legislative Affairs, Department of State, fense, transmitting a comprehensive restora- care consumer education information for transmitting a report on progress toward a tion plan; (H. Doc. No. 112-154); to the Com- parents and to help parents access child care negotiated solution of the Cyprus question mittee on Transportation and Infrastructure in their community, and for other purposes; covering the period August 1 through Sep- and ordered to be printed. to the Committee on Education and the tember 30, 2012 pursuant to Section 620C(c) of 8947. A letter from the Assistant Secretary, Workforce. the Foreign Assistance Act of 1961 as amend- Legislative Affairs, Department of State, By Ms. RICHARDSON: ed, pursuant to 19 U.S.C. 2602(g)(1); to the transmitting Memorandum of Understanding H.R. 6708. A bill to authorize certain appro- Committee on Foreign Affairs. Between the United States and the Govern- priations under the Native American Pro- 8935. A letter from the Assistant Secretary, ment of the Republic of Guatemala grams Act of 1974; to the Committee on Edu- Legislative Affairs, Department of State, Boncerning the Imposition of Import Re- cation and the Workforce. transmitting notification that effective Sep- strictions on Archaeological Objects and Ma- By Ms. RICHARDSON: tember 14, 2012, the danger pay allowance for terials from the Pre-Columbian Cultures of H.R. 6709. A bill to reauthorize the course Tunisia was established based on civil insur- Guatemala, pursuant to 19 U.S.C. 2602(g)(1); material pilot grant program under the rection, pursuant to 5 U.S.C. 5928; to the to the Committee on Ways and Means. Higher Education Opportunity Act, and for Committee on Foreign Affairs. 8948. A letter from the Secretary, Depart- other purposes; to the Committee on Edu- 8936. A letter from the Director, Defense ment of Health and Human Services, trans- cation and the Workforce. Security Cooperation Agency, transmitting mitting a report entitled ‘‘Assessing the Fea- By Ms. RICHARDSON: Transmittal No. 12-69, pursuant to the re- sibility of Extending the Hospital Acquired H.R. 6710. A bill to include geriatrics and porting requirements of Section 36(b)(1) of Conditions (HAC) IPPS Payment Policy to gerontology in the definition of ‘‘primary the Arms Export Control Act, as amended; to Non-IPPS Settings’’; jointly to the Commit- health services’’ under the National Health the Committee on Foreign Affairs. tees on Energy and Commerce and Ways and Service Corps program; to the Committee on 8937. A letter from the Assistant Legal Ad- Means. Energy and Commerce. visor for Treaty Affairs, Department of f By Ms. RICHARDSON: State, transmitting report prepared by the H.R. 6711. A bill to direct the Secretary of Department of State concerning inter- REPORTS OF COMMITTEES ON Homeland Security to make certain consid- national agreements other than treaties en- PUBLIC BILLS AND RESOLUTIONS erations when assigning chemical facilities tered into by the United States to be trans- to risk-based tiers pursuant to the Chemical mitted to the Congress within the sixty-day Under clause 2 of rule XIII, reports of Facility Anti-Terrorism Standards; to the period specified in the Case-Zablocki Act; to committees were delivered to the Clerk Committee on Energy and Commerce. the Committee on Foreign Affairs. for printing and reference to the proper 8938. A letter from the Assistant Secretary, By Ms. RICHARDSON: Legislative Affairs, Department of State, calendar, as follows: H.R. 6712. A bill to require the disclosure to transmitting the Department’s report pursu- Mr. GRAVES of Missouri: Committee on parents of information regarding mental ill- ant to section 3 of the Arms Export Control Small Business. Report on the Activity of ness treatment for their children under the Act; to the Committee on Foreign Affairs. the Committee on Small Business, 112th Con- age of 26; to the Committee on Energy and 8939. A letter from the Secretary, Depart- gress (Rept. 112–729). Referred to the Com- Commerce. ment of the Treasury, transmitting as re- mittee of the Whole House on the state of By Ms. RICHARDSON: quired by section 401(c) of the National the Union. H.R. 6713. A bill to amend the Security and Emergencies Act, 50 U.S.C. 1641(c), and sec- Mr. KING of New York: Committee on Accountability For Every Port Act of 2006 to tion 204(c) of the International Emergency Homeland Security. Report on Activities of require a feasibility study on meeting the 100 Economic Powers Act, 50 U.S.C. 1703(c), a the Committee on Homeland Security for the percent requirement to scan containers des- six-month periodic report on the national 112th Congress (Rept. 112–730). Referred to tined for the United States in order to ex- emergency with respect to Belarus that was the Committee of the Whole House on the tend the deadline for such scanning, and for declared in Executive Order 13405 of June 16, state of the Union. other purposes; to the Committee on Home- 2006; to the Committee on Foreign Affairs. Mr. GRAVES of Missouri. Committee on land Security. 8940. A letter from the Chair, Equal Em- Small Business. H.R. 3893. A bill to amend By Ms. RICHARDSON: ployment Opportunity Commission, trans- the Small Business Act with respect to sub- H.R. 6714. A bill to establish a grant pro- mitting the semiannual report on the activi- contracting and insourcing, and for other gram for automated external defibrillators ties of the Inspector General and the semi- purposes; with an amendment (Rept. 112–731, in schools; to the Committee on Education annual management report for the period Pt. 1). Referred to the Committee of the and the Workforce, and in addition to the ending September 30, 2012; to the Committee Whole House on the state of the Union. Committee on Energy and Commerce, for a on Oversight and Government Reform. Mr. GRAVES of Missouri. Committee on period to be subsequently determined by the 8941. A letter from the Assistant Secretary, Small Business. H.R. 4203. A bill to amend Speaker, in each case for consideration of Legislative Affairs, Department of State, the Small Business Act with respect to the such provisions as fall within the jurisdic- transmitting the Department’s Fiscal Year procurement program for women-owned tion of the committee concerned. 2012 Agency Financial Report; to the Com- small business concerns, and for other pur- By Ms. RICHARDSON: mittee on Oversight and Government Re- poses (Rept. 112–732). Referred to the Com- H.R. 6715. A bill to authorize the Secretary form. mittee of the Whole House on the state of of Homeland Security, acting through the 8942. A letter from the Attorny-Advisior, the Union. Administrator of the Federal Emergency Office of General Counsel, Department of Management Agency, to make grants to DISCHARGE OF COMMITTEE Transportation, transmitting a report pursu- State and local governments to assist in pre- ant to the Federal Vacancies Reform Act of Pursuant to clause 2 of rule XIII, the paring for and responding to mass casualty 1998; to the Committee on Oversight and Committee on Oversight and Govern- incidents, and for other purposes; to the Government Reform. ment Reform discharged from further Committee on Energy and Commerce, and in

VerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\L27DE7.000 H27DEPT1 pwalker on DSK7TPTVN1PROD with H7436 CONGRESSIONAL RECORD — HOUSE December 27, 2012 addition to the Committee on Homeland Se- By Ms. RICHARDSON: This bill is enacted pursuant to the power curity, for a period to be subsequently deter- H.R. 6707. granted to Congress under Article I, Section mined by the Speaker, in each case for con- Congress has the power to enact this legis- 8, Clause 3 of the United States Constitution. sideration of such provisions as fall within lation pursuant to the following: By Ms. RICHARDSON: the jurisdiction of the committee concerned. This bill is enacted pursuant to the power H.R. 6713. granted to Congress under Article I, Section f Congress has the power to enact this legis- 8, Clauses 1 and 18 of the United States Con- lation pursuant to the following: stitution. MEMORIALS This bill is enacted pursuant to the power By Ms. RICHARDSON: granted to Congress under Article I, Section Under clause 3 of rule XII, H.R. 6708. Congress has the power to enact this legis- 8, Clauses 1 and 18 of the United States Con- 323. The SPEAKER presented a memorial stitution. of the Legislature of the Commonwealth of lation pursuant to the following: This bill is enacted pursuant to the power By Ms. RICHARDSON: Puerto Rico, relative to Concurrent Resolu- H.R. 6714. tion No. 67 requesting the President and the granted to Congress under Article I, Section Congress has the power to enact this legis- Congress to respond diligently and effec- 8, Clause 1 of the United States Constitution. lation pursuant to the following: tively and to act on the demand of the people By Ms. RICHARDSON: H.R. 6709. This bill is enacted pursuant to the power of Puerto Rico to admit the territory to the Congress has the power to enact this legis- granted to Congress under Article I, Section Union as a State; which was referred to the lation pursuant to the following: 8, Clause 3 of the United States Constitution. Committee on Natural Resources. This bill is enacted pursuant to the power By Ms. RICHARDSON: f granted to Congress under Article I, Section H.R. 6715. 8, Clause 1 of the United States Constitution. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- By Ms. RICHARDSON: lation pursuant to the following: STATEMENT H.R. 6710. This bill is enacted pursuant to the power Congress has the power to enact this legis- Pursuant to clause 7 of rule XII of granted to Congress under Article I, Section lation pursuant to the following: 8, Clause 3 of the United States Constitution. the Rules of the House of Representa- This bill is enacted pursuant to the power tives, the following statements are sub- granted to Congress under Article I, Section mitted regarding the specific powers 8, Clause 1 of the United States Constitution. f granted to Congress in the Constitu- By Ms. RICHARDSON: tion to enact the accompanying bill or H.R. 6711. ADDITIONAL SPONSORS joint resolution. Congress has the power to enact this legis- lation pursuant to the following: Under clause 7 of rule XII, sponsors By Mr. JONES: This bill is enacted pursuant to the power were added to public bills and resolu- H.R. 6706. granted to Congress under Article I, Section tions as follows: Congress has the power to enact this legis- 8, Clauses 1 and 18 of the United States Con- lation pursuant to the following: stitution. H.R. 749: Mr. THOMPSON of California. Article I, Section 8 of the U.S. Constitu- By Ms. RICHARDSON: H.R. 1116: Mr. HANNA and Mr. BASS of New tion, which gives Congress the power ‘‘to H.R. 6712. Hampshire. regulate Commerce with foreign Nations, Congress has the power to enact this legis- H.R. 4077: Mr. GARDNER. and among the several states’’. lation pursuant to the following: H.R. 6669: Mr. MCGOVERN and Ms. WATERS.

VerDate Mar 15 2010 00:54 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L27DE7.100 H27DEPT1 pwalker on DSK7TPTVN1PROD with E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, THURSDAY, DECEMBER 27, 2012 No. 168 Senate The Senate met at 10 a.m. and was a Senator from the State of Rhode Island, to and I had a conversation about how called to order by the Honorable SHEL- perform the duties of the Chair. things have changed around here. I DON WHITEHOUSE, a Senator from the PATRICK J. LEAHY, served in the House of Representatives. State of Rhode Island. President pro tempore. There are 435 Members of the House. Mr. WHITEHOUSE thereupon as- What goes on in this country should PRAYER sumed the chair as Acting President not be decided by the majority, it The Chaplain, Dr. Barry C. Black, of- pro tempore. should be decided by the whole House fered the following prayer: f of Representatives. Everyone, includ- ing the Speaker of the House of Rep- Let us pray. RECOGNITION OF THE MAJORITY resentatives, knows that if they had O God, before Whom the lives of all LEADER are exposed and the desires of all brought up the Senate-passed bill that known, be at work in our lives. Wipe The ACTING PRESIDENT pro tem- would give relief to everyone making away selfish interests so that we may pore. The majority leader is recog- less than $250,000 a year, it would pass perfectly love and truly serve You. nized. overwhelmingly. Every Democrat Lord, give our lawmakers courage as f would vote for it and Republicans would vote for it. But the Speaker, he they face today’s challenges, providing THE FISCAL CLIFF them with the necessary skill to per- says: No; we cannot do that. It has to form their duties and accomplish Your Mr. REID. Mr. President, New Years be a majority of the majority. So we purposes. Give them the wisdom to Eve is fast approaching and for decades have done nothing. refuse to sow to the wind, thereby risk- and decades the American people have He even tried to bring up the bill last ing reaping the whirlwind. May they watched the ball drop in Times Square. week to show they could defeat it. find joy in both serving and loving It is the countdown to midnight, the They could not do that even. They You. We pray in Your holy Name. start of a new year. could not defeat the bill that passed in Amen. This year the American people are the Senate. waiting for the ball to drop, but it is I don’t think the American people f not going to be a good drop because understand the House of Representa- PLEDGE OF ALLEGIANCE Americans’ taxes are moving in the tives is not operating as a House of wrong direction. Come the first of this Representatives. It is being operated The Honorable SHELDON WHITEHOUSE, year, Americans will have less income with a dictatorship of the Speaker not a Senator from the State of Rhode Is- than they have today if we go over the allowing the vast majority of the land, led the Pledge of Allegiance, as cliff—and it looks as if that is where House of Representatives to get what follows: we are headed. The House of Represent- they want. If the $250,000 threshold I pledge allegiance to the Flag of the atives as we speak, with 4 days left would be brought up, it would pass United States of America, and to the Repub- after today to the 1st of the year, is not lic for which it stands, one nation under God, overwhelmingly, I repeat. indivisible, with liberty and justice for all. here, with the Speaker having told On any given day for the last 5 or 6 them he will give them 48 hours’ no- months, since July 25, Speaker BOEH- f tice. I can’t imagine their consciences. NER could have brought the Senate- APPOINTMENT OF ACTING They are out wherever they are around passed middle-class tax cut legislation PRESIDENT PRO TEMPORE the country and we are here, trying to to a vote in the House and it would get something done. have passed. But he has made the deci- The PRESIDING OFFICER. The They are not in Washington, DC. The sion he is not letting us have a vote on clerk will please read a communication House of Representatives is not here. that because if he let it be voted upon, to the Senate from the President pro They could not even get the Repub- it would pass. I have said it is not too tempore (Mr. LEAHY). lican leadership together yesterday. late for the Speaker to take up the The legislative clerk read the fol- They had to do it with a teleconfer- Senate-passed bill, but even that time lowing letter: ence. is winding down. Today is Thursday. U.S. SENATE, If we go over the cliff, we will be left He is going to give 48 hours’ notice to PRESIDENT PRO TEMPORE, with the knowledge it could have been the House before they come back. So 48 Washington, DC, December 27, 2012. To the Senate: prevented with a single vote in the Re- hours from today is Saturday. With Under the provisions of rule I, paragraph 3, publican-controlled House of Rep- just that one vote, middle-class fami- of the Standing Rules of the Senate, I hereby resentatives. Prior to this session lies would have the security that taxes appoint the Honorable SHELDON WHITEHOUSE, starting today, the Presiding Officer would not go up by at least $2,200 on

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

S8383

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VerDate Mar 15 2010 23:42 Dec 27, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.000 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8384 CONGRESSIONAL RECORD — SENATE December 27, 2012 New Year’s Day. That is the average. Let them take our bill. That bill was FISA AMENDMENTS ACT Some would go up more, some less, of brought up and it was defeated. REAUTHORIZATION ACT OF 2012 course. I repeat, the American people do not The ACTING PRESIDENT pro tem- Speaker BOEHNER should call Mem- agree with the Republicans in the pore. Under the previous order, the bers back to Washington today. He House and Republicans over here. The Senate will proceed to consideration of should not have let them go, in fact. way to avoid the fiscal cliff has been H.R. 5949, which the clerk will report. They are not here. JOHN BOEHNER right in the face of the Republican The legislative clerk read as follows: seems to care more about keeping his leaders, both MCCONNELL and BOEHNER, speakership than about keeping the A bill (H.R. 5949) to extend the FISA for days and days, going into weeks Amendments Act of 2008 for five years. Nation on a firm financial footing. It is and months, and it is the only option obvious what is going on around here. The ACTING PRESIDENT pro tem- that is a viable escape route and that is pore. Under the previous order, the He is waiting until January 3 to get re- the Senate-passed bill. It would not be elected as Speaker before he gets seri- Senator from Oregon, Mr. WYDEN, is hard to pass. I have talked about that recognized. ous with negotiations because he has at some length. Every Democrat in the so many people over there who will not Mr. WYDEN. Mr. President, I thank House would vote for it, a handful of Leader REID for the honor of being able follow what he wants. That is obvious Republicans would vote for it, and that from the debacle that took place last to open this morning’s debate. I also is all that would be needed. But Grover wish to particularly identify with a week, and it was a debacle. Norquist is standing in the way of He made an offer to the President. point the leader made. There is an old this—not the rich people but Grover The President came back—they are saying that most of life is just showing Norquist, the man who says what the just a little bit apart—and he walked up. I think what the American people Republicans can do. I say to the Speak- away from that and went to Plan B. All want—I heard this at checkout lines in er: Take the escape hatch we have left that did is whack people who need help our local stores, for example, this you. Put the economic fate of the Na- the most—poor people. He could not week—they want everybody back in tion ahead of your own fate as Speaker even pass that. Remember, he is not Washington and going to work on this of the House. Millions of middle-class letting the House of Representatives issue, just as the leader suggested. families are nervously watching and vote. He is letting the Republicans I think Senators know I am a charter waiting and counting down the mo- vote. It was so bad, and he was in such member of what I guess you could call ment until their taxes go up. Nothing difficult shape there he would not even the optimist caucus in the Senate. As can move forward in regard to our let a vote take place with his Repub- improbable as some of these talking budget crisis unless Speaker BOEHNER licans because he knew he would lose. heads say on TV that it is, I still think and Leader MCCONNELL are willing to For months, he has allowed House Re- we ought to be here, just as the leader participate in coming up with a bipar- publicans to hold middle-class tax- said, working on this issue because of tisan plan. payers hostage to protect the richest 2 the consequences. percent, and the funny thing about Speaker BOEHNER is unwilling to ne- Mr. REID. Mr. President, will my that is the 2 percent do not want to be gotiate, we have not heard a word from friend yield for a question? protected. The majority of people in Leader MCCONNELL, and nothing is hap- Mr. WYDEN. I would be happy to our great country are willing to pay pening. Democrats cannot put forward yield to the majority leader. more. The only people who disagree a plan of their own. Without the par- Mr. REID. The distinguished Senator with that are Republicans who work in ticipation of Leader MCCONNELL and from Oregon and I served together in this building. Speaker BOEHNER, nothing can happen the House of Representatives. Does the The Speaker just has a few days left on the fiscal cliff and so far they are Senator remember the days when the to change his mind, but I have to be radio silent. House voted not as a majority but as a very honest; I don’t know, timewise, We are going to work in the next cou- body to come up with how legislation how it can happen now. Everyone ple of days to get the most important should be given to the American peo- knows we cannot bring up anything legislation done on FISA. There should ple? Does my friend remember that? here unless we do it by unanimous con- be a good debate. We have people who Mr. WYDEN. I do. The leader is being sent because the rules have been so are interested in changing what we logical, and Heaven forbid that some- worked the last few years that we can- have on the floor. There have been a se- times logic break out on some of these not do anything without 60 votes. ries of amendments on trying to matters. I remember when we started There are 53 of us. After the first of the change FISA—the espionage legisla- out—and I joked that I had a full head year, there will be 55 of us. tion that guides this country. It should of hair and rugged good looks—the ma- I hope the Speaker and the Repub- be a good debate. jority leader and I used to work with lican leader in the Senate would come people on both sides of the aisle. We to us and say here is what we think We have to finish the supplemental would try to show up early, go home will work. Let’s find out what that appropriations bill that is so important late, and, as the leader said, focus on could be because the Speaker cannot for the people in the Northeast. We getting some results. I thank the lead- pass, it seems, much of anything over have a lot to do. There could be as er for his point and again for the honor there. On the Sunday shows they had many as 28 votes in the next few days. of being able to start this discussion. Republican Senators and they were We are in Washington working while As I indicated, what I heard at home asked on the FOX network—pretty the Members of the House of Rep- is that we are supposed to be here and conservative, and that is probably a resentatives are out watching movies, try to find some common ground. I gross understatement—would you fili- watching their kids play soccer and know the talking heads on TV say this buster the President’s bill? They re- basketball and doing all kinds of is impossible and it cannot be done. fused to answer. We don’t make that things. They should be here. They First of all, as the majority leader said, decision. We can’t answer that. A fili- should be here urging the Speaker: this has been done in the past. When buster is over all our heads. Let’s bring up the $250,000 bill. Let’s there are big issues and big challenges, That is why we have to look seri- not have middle-class Americans and historically the Congress will come to- ously next year at changing the rules small businesses get hurt. gether and deal with it. around here. The bill that has passed What is the business? I am particularly concerned about the Senate protects 98 percent of fami- some of the effects going over the cliff lies and 97 percent of small businesses. f will have on vulnerable senior citizens. They passed a bill in the House, that As the Presiding Officer knows, that is we defeated, that extends the tax cuts RESERVATION OF LEADER TIME my background. We have often talked for everybody. That was voted down about health care and seniors. My over here. The President said he would The ACTING PRESIDENT pro tem- background was serving as codirector veto it. So this happy talk—the Repub- pore. Under the previous order, the of the Oregon Gray Panthers. If the re- lican House leadership said yesterday: leadership time is reserved. imbursement system for Medicare, in

VerDate Mar 15 2010 23:42 Dec 27, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.001 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8385 effect, goes over this cliff, that is going ends, and vacations to try to protect or building they wanted in order to to reduce access to health care for sen- the well-being and security of our search for smuggled goods. These offi- ior citizens across the country, and I country. For example, we hear a lot cials were not limited to only search- don’t believe there are Democrats and about a well-publicized event, such as ing in certain houses, and they were Republicans who want that to happen. their enormously valuable role in ap- not required to show any evidence that As the majority leader indicated, prehending bin Laden. What we don’t the place they were searching had any finding some common ground on this hear about is the incredible work they smuggled goods in it. Basically, gov- issue and backing our country away do day in and day out. They work hard ernment officials were allowed to say from the fiscal cliff is hugely impor- to gather intelligence, and I commend they were looking for smuggled goods tant and crucial to the well-being of them for it as we begin this discussion. and then would search any house they our country. I just wanted to start The job of those who work in the in- were interested in to see if the house with those remarks. telligence community is to follow had some of those smuggled goods. Also crucial to our country is the whatever laws Congress lays down as An English authority’s goal is to find legislation before the Senate right those hard-working men and women smuggled goods. Letting constables now. Its name is a real mouthful. collect intelligence. Our job here in the and customs officers search any house Mr. President, I think you will recall Congress is to make sure the laws we or building is a pretty effective way to this legislation from your days serving pass are in line with the vision of the go out and find something. If they keep on the Senate Select Committee on In- Founding Fathers, which was to pro- searching enough houses, eventually telligence. The name of this is the For- tect national security as well as the they will find some smuggled goods in eign Intelligence Surveillance Act rights of individual Americans. one of them and seize those goods and Amendments Act. It also expires in a We all remember the wonderful com- arrest whoever lives in that house for few days. Our job is to find a way to ment by Ben Franklin. I will para- smuggling. Of course, the problem is strike the best possible balance be- phrase it, but essentially Ben Franklin that if government officials can search tween protecting our country from said: If you give up your liberty to any house they want, they are going to threats from overseas and safeguarding have security, you really don’t deserve search through the houses of a lot of the individual liberties of the law-abid- either. We owe it to the hard-working people who have not broken any laws. ing Americans we have cherished in men and women in the intelligence Mr. President, it is almost as if you this country for literally hundreds of community to work closely with them. decided you were going to search ev- years. This task of balancing security We need to find the balance Ben Frank- erybody in your State of Rhode Island. and liberty was one of the most impor- lin was talking about, and we can help You could go in and turn them all up- tant tasks defined by the Founding Fa- them by conducting robust oversight side down, shake them, and see if any- thers years and years ago, and it is no over the work that is being done there thing fell out. Obviously, you would less important for the Congress today. so members of the public can have con- find some people who had some things As I indicated earlier, the majority fidence in the men and women of the in their possession that they should leader, Leader REID, has accorded me intelligence community. This will give not have, but that is not the way we do the honor of beginning this debate. I the public the confidence to know that it in America. In America, there has to will open with a very short explanation as we protect our security at a dan- be probable cause in order to do some- of what the FISA Amendments Act is gerous time, we are also protecting the thing like that. all about. Of course, this is an exten- individual liberties of our people. The American colonists had a huge sion of the law that was passed in 2008. The story with respect to this debate problem with the idea that everybody’s It is a major surveillance law, and it is really begins in early America when house was going to be checked for the successor to the warrantless wire- the colonists were famously subjected smuggled goods on the prospect that tapping program that operated under to a lot of taxes by the British Govern- maybe somebody somewhere had en- the Bush administration, which gave ment. The American colonists thought gaged in smuggling. The colonists said the government new authorities to col- this was unfair because they were not it is not OK to go around invading peo- lect the communications of foreigners represented in the British Parliament. ple’s privacy unless there is some spe- outside the United States. The bill be- They argued that if they were not al- cific evidence that they have done fore the Senate today would extend lowed to vote for their own govern- something wrong. That is how people this law for another 5 years. ment, then they should not have to pay in Rhode Island and Oregon feel today. There is going to be a discussion of taxes. One cannot just go out and check ev- various issues, but all of them go to We all remember the renowned ral- erybody in sight on the prospect that what I call the constitutional teeter- lying cry of the colonists. It was ‘‘no maybe there is someone who has done totter, which is basically balancing se- taxation without representation.’’ something wrong. curity, protecting our country at a Early revolutionaries engaged in pro- Back in the colonists’ time, the law dangerous time, and the individual lib- tests against these taxes all over the said that these writs of assistance were erties that are so important to all of country. Of course, the most famous of good until the King died. So when King us. I expect there will be amendments these protests was the Boston Tea George II died and the authorities had to strengthen protections for the pri- Party in which colonists threw ship- to get new writs, many colonists tried vacy of law-abiding Americans. loads of tea into the Boston Harbor in to challenge them in court. I want to say to my colleagues and protest of the tax on tea. In Boston, James Otis denounced this those who are listening that this is As we recall from our history books, mass invasion of privacy by reminding likely to be the only floor debate the there were a lot of taxes on items such the court that—and we remember this Senate has on this law encompassing as tea, sugar, paint, and paper. Because wonderful comment—a man’s house is literally a 9-year period—from 2008 to so many colonists believed these taxes his castle. Mr. Otis described the writs 2017. So if we are talking about surveil- were unjust, there was a lot of smug- of assistance as the power that places lance authority that essentially looks gling going on in the American Colo- the liberty of every man in the hands to a 9-year period, we ought to have an nies. People would import things, such of every petty officer. Unfortunately, important discussion about it, and that as sugar, and simply avoid paying the the court ruled that these general or- is why I am grateful to the majority tax on them. ders permitting mass searches without leader for making today’s discussion We all remember that the King of individual suspicion were legal, and possible. England didn’t like this very much. He English authorities continued to use I have served on the Senate Intel- wanted the colonists to pay taxes them. The fact that English officials ligence Committee for 12 years now, whether they were allowed to vote or went around invading people’s privacy and I can tell every Member of this not. So the English authority began without any specific evidence against body that those who work in the intel- issuing what were essentially general them was one of the fundamental com- ligence community are hard-working warrants. They were called writs of as- plaints the American colonists had and patriotic men and women. They sistance, and they authorized govern- against the British Government. So give up an awful lot of evenings, week- ment officials to enter into any house naturally our Founding Fathers, with

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They conferred, as against the Government, the right to be The Bill of Rights ensures that would not apply. let alone—the most comprehensive of rights, strong protections of individual free- Now, Justice Louis Brandeis wrote and the right most valued by civilized men. dom would be included within our Con- what has come to be seen in history as To protect that right, every unjustifiable in- stitution itself, and the Founding Fa- an extraordinary dissent, a brilliant trusion by the Government on the privacy of thers included strong protections for dissent, and he argued that this was all the individual, whatever the means em- personal privacy in the fourth amend- wrong; that the fourth amendment was ployed, must be deemed a violation of the ment. The fourth amendment states: about preventing the government from Fourth Amendment. The right of the people to be secure in invading Americans’ privacy regardless Because I have outlined Justice their persons, houses, papers, and effects of how the government did it. Brandeis’s dissent on several issues, I against unreasonable searches and seizures I am just going to spend a couple of want to make sure those last two sen- shall not be violated and no warrant shall minutes making sure people see how tences are clear. issue but upon probable cause, supported by brilliant and farsighted Justice Bran- Justice Brandeis said that the right oath or affirmation, and particularly de- deis was in how his principles—the of the people to be left alone by their scribing the place to be searched and the per- government is ‘‘the most comprehen- son or things to be searched. principles he talked about in 1928—are as valid now as they were then. sive of rights’’—the most comprehen- This was a direct rejection of the au- Justice Brandeis said: sive of rights, said Justice Brandeis— thority the British had claimed to have When the Fourth and Fifth Amendments and, he said, ‘‘the right most valued by when they ruled the American Colo- were adopted . . . force and violence were civilized men.’’ And the Justice said nies. then the only means known to man by which that intrusions on individual privacy, The Founding Fathers said our gov- a Government could directly effect self-in- ‘‘whatever the means employed, must ernment does not have the right to crimination. . . . Subtler and more far-reach- be deemed a violation of the Fourth search any house that government offi- ing means of invading privacy have [in ef- Amendment.’’ cials want to search even if it helps fect] now become available to the Govern- The reason I have outlined Justice them to do their job. Government offi- ment. Discovery and invention have made it Brandeis’s views on this issue is that cials may only search someone’s house possible for the Government . . . to obtain disclosure in court of what is whispered in Justice Brandeis’s views didn’t prevail if they have evidence that someone is the closet. in 1928. Back in 1928 they thought they breaking the law and they show the were dealing with high-tech surveil- Justice Brandeis goes on to say: evidence to a judge to get an individual lance. But suffice it to say that his warrant. In the application of a Constitution, our views were eventually adopted by the For more than 200 years, this funda- contemplation cannot be only of what has been but of what may be. The progress of full Supreme Court. That is why I be- mental principle has protected Ameri- science in furnishing the Government with lieve it is so important that as we look cans’ privacy while still allowing our means of espionage is not likely to stop with to today’s debate—really an oppor- government to enforce the law and to wiretapping. Ways may someday be devel- tunity to update the way in which that protect public safety. oped by which the Government, without re- careful balance, the constitutional tee- As time passed and we entered the moving papers from secret drawers, can re- ter-totter: security, well-being of all of 20th century, advances in technology— produce them in court, and by which it will us on this side and individual liberties a whole host of technologies—gave gov- be enabled to expose to a jury the most inti- on this side—it is so important to rec- ernment officials the power to invade mate occurrences of the home. ‘‘That places the liberty of every man in the hands of ognize what Justice Brandeis said individual privacy in a whole host of every petty officer’’ was said by James Otis about the value of getting it right new ways—new ways the Founding Fa- of much less intrusions than these. when it comes to liberty, when it thers never dreamed of—and all Justice Brandeis goes on to say: comes to individual freedom. through those days, the Congress and One of the reasons there are amend- The principles— the courts struggled to keep up. ments being offered by Senators to this Time and time again Congress and The principles, literally— legislation at a time when we are deal- the courts were most successful when [behind the Fourth Amendment] affect the ing with these crucial issues about the they returned to the fundamental prin- very essence of constitutional liberty and se- fiscal cliff, the question of the budget, ciples of the fourth amendment. It is curity. They . . . apply to all invasions on taxes, and, as I mentioned, senior citi- striking. If we look at a lot of the de- the part of the Government and its employ- ees of the sanctities of a man’s home and the zens being able to see a doctor—those bates we are having today about the privacies of life. It is not the breaking of his are crucial issues, but this legislation, Internet—and the Presiding Officer has doors, and the rummaging of his drawers the FISA Amendments Act, is also a a great interest in this; we have talked that constitutes the essence of the offense; crucial piece of legislation, and that is often about it—certainly the Founding but it is the invasion of his indefeasible right why Senators will be offering amend- Fathers could never have envisioned of personal security, personal liberty and ments in order to strike the best pos- tweeting and Twitter and the Internet private property, where the right has never sible balance between security and lib- and all of these extraordinary tech- been forfeited by his conviction of some pub- erty. nologies. But what we have seen as lic offense. When the Foreign Intelligence Sur- technology has continued to bring us Justice Brandeis closes this remark- veillance Act, which is often known as this treasure trove of information with able dissent saying: FISA—Senators and those listening all of these spectacular opportunities . . . The evil incident to invasion of the will hear that discussion almost inter- the Founding Fathers never envisioned privacy of the telephone is far greater than changeably; the abbreviated name is is that time and time again the Con- that involved with tampering with the mails. FISA—when it was written in 1978, gress and the courts were most success- . . . As a means of espionage, writs of assist- Congress applied Justice Brandeis’s ance and general warrants are but puny in- ful when they returned to the funda- struments of tyranny and oppression when principles to intelligence gathering. mental principles of the fourth amend- compared with wiretapping. The Congress, when they wrote the ment. The protection guaranteed by the original FISA legislation in 1978, really For example, in 1928 the Supreme amendments Justice Brandeis was re- said that Justice Brandeis got it right Court considered a famous case about ferring to—the fourth and fifth amend- with respect to how we ought to gather whether the fourth amendment made it ments—is broad in scope. intelligence. So the original FISA stat- illegal for the government to listen to ute stated that if the government an individual’s phone conversations The makers of our Constitution undertook wants to collect an American’s commu- to secure conditions favorable to the pursuit without a warrant. Once again, dating of happiness. They recognized the signifi- nications for intelligence purposes, the almost to the precedent about the colo- cance of man’s spiritual nature, of his feel- government must go to a court, show nists and smuggling, the 1928 case was ings, and of his intellect. They knew that evidence that the American is a ter- about smuggling—specifically, boot- only a part of the pain, pleasure and satisfac- rorist or a spy, and get an individual

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For this reason, totter—our job: balance the need of the ciple enshrined in the Bill of Rights, section 702 of the FISA law contains government to collect information, and it said that government officials language that is specifically intended particularly with respect to what can are not allowed to invade Americans’ to limit the government’s ability to be threats coming from overseas, with privacy unless they have specific evi- use these new authorities to spy on the right of individual Americans to be dence and an individual warrant. Americans. left alone. It is that balance we are dis- After 9/11, the Bush administration Let me emphasize that because that cussing. If the Congress finds it is un- decided it would seek additional sur- is crucial to this discussion and the balanced, the Congress has a responsi- veillance authorities beyond what was amendments that will be offered. It is bility to step up and figure out how to in the original Foreign Intelligence never OK—never OK—for government make the appropriate changes in the Surveillance Act statute. To our great officials to use a general warrant to de- law to ensure that both security and regret, instead of asking the Congress liberately invade the privacy of a law- privacy are being protected simulta- to change the law, the Bush adminis- abiding American. It was not OK for neously. tration developed a warrantless wire- constables and Customs officials to do Unfortunately, the Congress and the tapping program—let me repeat that, a it in colonial days, and it is not OK for public—the American people—do not warrantless wiretapping program—that the National Security Agency to do it currently have enough information to operated in secret for a number of today. So if the government is going to adequately evaluate the impact of the years. When this became public—as I use general warrants to collect people’s law we are debating on Americans’ pri- have said on this floor before, these phone calls and e-mails, it is extremely vacy. There are a host of important matters always do become public at important to ensure that this author- issues about the law’s impact that in- some point—when it became clear that ity is only used against foreigners telligence officials have simply refused the Bush administration had developed overseas and not against law-abiding to answer publicly. this warrantless wiretapping program, Americans. I am going to now spend a few min- there was a huge uproar across the Despite what the Acting President utes outlining the big questions I be- land. I remember how angry many of pro tempore and the Senate may have lieve Americans deserve answers to. my constituents were when they heard, this law does not actually pro- Certainly, the Congress has to have an- learned about the warrantless wire- hibit the government from collecting swers to these questions in order to do tapping program, and I and a lot of Americans’ phone calls and e-mails our job—our job of doing robust over- other Senators were very angry as without a warrant. The FISA Amend- sight over this law and over intel- well. ments Act states—and I wish to quote ligence, which, as I said a bit ago, is ex- As has the Presiding Officer, I have because there have been a lot of inac- actly what the hard-working men and been on the Intelligence Committee, curacies and misrepresentations on women in the intelligence community and I have been a member for 12 years, this—the FISA Amendments Act states need and deserve in order to do their but the first time I heard about the that acquisitions made under section job in a way that will generate con- warrantless wiretapping program—the 702 may not ‘‘intentionally target’’ a fidence among the American people. first time I heard about it—was when I specific American and may not ‘‘inten- First, if we want to know what kind read about it in the newspapers. It was tionally acquire’’ communications that of impact this law has had on Ameri- in the New York Times before I, as a are ‘‘known at the time of acquisition’’ cans’ privacy, we probably want to member of the Senate Select Com- to be wholly domestic. know roughly how many phone calls mittee on Intelligence, knew about it. But the problem with that is, it still and e-mails that are to and from Amer- There was a very heated debate. Con- leaves a lot of room for circumstances icans have been swept up by the gov- gress passed the FISA Amendments under which Americans’ phone calls ernment under this authority. Senator Act of 2008, and that was to replace the and e-mails—including purely domestic MARK UDALL, our distinguished col- warrantless wiretapping program with phone calls and e-mails—could be league from Colorado and a great addi- new authorities for the government to swept up and reviewed without a war- tion to the Intelligence Committee—he collect the phone calls and e-mails of rant. This can happen if the govern- and I began the task of trying to ferret those believed to be foreigners outside ment did not know someone is Amer- out this information some time ago. the United States. ican or if the government made a tech- Over a year and a half ago, Senator The centerpiece of the FISA Amend- nical error or if the American was talk- MARK UDALL and I asked the Director ments Act is a provision that is now ing to a foreigner, even if that con- of National Intelligence how many section 702 of the FISA statute. Sec- versation was entirely legitimate. Americans have had their communica- tion 702 is the provision that gave the I am not talking about some hypo- tions collected under this law; in ef- government new authorities to collect thetical situation. The FISA Court, in fect, swept up by the government under the communications of people who are response to a concern I and others have these authorities. believed to be foreigners outside the had, has already ruled at least once The response was it is ‘‘not reason- United States. This was different than that collection carried out by the gov- ably possible to identify the number of the original FISA statute. Unlike the ernment under the FISA Amendments people located in the United States traditional FISA authorities and un- Act violated the fourth amendment to whose communications may have been like law enforcement wiretapping au- the Constitution. Senate rules regard- reviewed under the authority of the’’ thorities, section 702 of the FISA ing classified information prevent me FISA Amendments Act. That is how Amendments Act does not involve ob- from discussing the details of that rul- the government responded to Senator taining individual warrants. Instead, it ing or how many Americans were af- UDALL and me. allows the government to get what is fected, over what period of time, but If you are a person who does not like called a programmatic warrant. It lasts this fact alone clearly demonstrates the idea of government officials se- for an entire year and authorizes the the impact of this law on Americans’ cretly reviewing your phone calls and government to collect a potentially privacy has been real and it is not hy- e-mails, you probably do not find that large number of phone calls and e- pothetical. answer particularly reassuring. But mails, with no requirement that the When the Congress passed the FISA suffice it to say, the situation got senders or recipients be connected to Amendments Act 4 years ago, it in- worse from there. terrorism, espionage—the threats we cluded an expiration date. The point of In July of this year, I and a are concerned about. the expiration date was to ensure that tripartisan group of 12 other Senators, If that sounds familiar, it certainly Congress could review these authori- including Senator MARK UDALL, our should. General warrants that allowed ties closely and the Congress could de- colleague from Utah, Senator MIKE government officials to decide whose cide whether protections for Ameri- LEE, Senator DURBIN—I am pleased to privacy to invade were the exact sort cans’ privacy are adequate or whether be joined by Senator MERKLEY, who has of abuse that the American colonists they need to be modified. been vital in this coalition, this

VerDate Mar 15 2010 02:51 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.006 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8388 CONGRESSIONAL RECORD — SENATE December 27, 2012 tripartisan coalition to get the best ing about one person in the United calls, they are supposed to show evi- possible balance between security and States talking to another person who dence to a judge and get an individual liberty—he was a signer of the letter; is also in the United States. This law warrant. But this loophole in the law Senator PAUL of Kentucky, who has contains a number of safeguards that allowed government officials to make also been an outspoken advocate of many people thought would prevent an end run around traditional warrant striking a better balance between pri- the warrantless collection of wholly requirements and conduct backdoor vacy and liberty was a signer; Senator domestic U.S. communications, and I searches for American’s communica- COONS, Senator BEGICH, Senator BINGA- think the Congress ought to know tions. MAN, Senator TESTER, Senator SAND- whether these safeguards are working. Now, let me be clear. If the govern- ERS, Senator TOM UDALL, Senator So our tripartisan group of Senators ment has clear evidence that an Amer- CANTWELL—all of us joined in writing dug into this issue as well, and we ican is engaged in terrorism, espio- another letter to the Director of Na- asked the Director back in July if he nage—serious crimes—I think the gov- tional Intelligence asking additional knew whether any wholly domestic ernment ought to be able to read that questions about the impact of this law U.S. communications had been col- person’s e-mails and listen to that per- on Americans’ privacy. lected under the FISA Amendments son’s phone calls. I believe and have We asked the Director if he could Act. So here we are talking about long felt that is an essential part of give us even a rough estimate—just a wholly domestic communications from protecting public safety. But govern- rough estimate—in other words, there one American, for example, in Rhode ment officials ought to be required to has been discussion both in the press Island, to another American in the get a warrant. As the Presiding Officer and in the intelligence community: home State of Senator MERKLEY and knows, there are even emergency pro- This group of Senators is asking for myself. I am disappointed to say the visions—and I support these strongly something impossible. This group of Director declined to answer this ques- as well—that allow for an emergency Senators is asking for an exact count tion as well. authorization before you get the war- of how many Americans are being Let’s contemplate that for a mo- rant, in order to protect the well-being swept up under this FISA authority, ment. A tripartisan group of Sen- of the American people. their calls and e-mails reviewed. I wish ators—Democrats, Republicans, Inde- So what we want to know at this to emphasize we just said, as a pendents—asked if the government point, if you are trying to decide tripartisan group of Senators: We knew whether any wholly domestic whether the constitutional teeter-tot- would just like a rough estimate—use communications had been collected ter is being properly balanced or is out any approach they want in terms of under the FISA law, and the head of of whack, you want to know whether giving us an assessment of how many the intelligence community declined to the government has ever taken advan- Americans’ communications have been publicly provide a simple yes or no re- tage of this backdoor search loophole swept up in this way. Is it hundreds? Is sponse to that question. and conducted a warrantless search for it hundreds of thousands? Is it mil- That means the FISA Amendments the phone calls or e-mails of specific lions? Act involves the government going to a Americans. So when the tripartisan The tripartisan group of Senators ba- secret court on a yearly basis and get- group wrote to the Director of National sically was just asking for a report, the ting programmatic warrants to collect Intelligence, we asked him to state kind of information that is a pre- people’s phone calls and e-mails, with whether the intelligence community requisite to doing good oversight. no requirement that these communica- has ever deliberately conducted a Frankly, I think when we talk about tions actually belong to people in- warrantless search of this nature. The oversight and we cannot even get a volved with terrorism or espionage. Director declined to respond to this as rough estimate of how many law-abid- This authority is not supposed to be well—declined to respond to a ing Americans have had their commu- used against Americans, but, in fact, tripartisan group of Senators simply nications swept up under this law, if intelligence officials say they do not asking: Has the intelligence commu- they do not have that kind of informa- even know how many American com- nity ever deliberately conducted a tion, oversight—the idea of robust munications they are actually col- warrantless search of this nature? oversight—it ought to be called tooth- lecting. The fact is, once the govern- If anybody is kind of keeping score less oversight if they do not have that ment has this pile of communications, on this, you will notice that the Direc- kind of information. which contains an unknown but poten- tor refused to publicly answer any of The Director declined to publicly an- tially very large number of Americans’ the questions that were asked in our swer this question. So our tripartisan phone calls and e-mails, there are sur- letter. So if you are looking for reas- group and others continued. We asked prisingly few rules about what can be surance that the law is being carried the Director if anyone else has already done with it. out in a way that respects the privacy done such an estimate. We did not ask For example, there is nothing in the of law-abiding American citizens, you about doing anything new. The intel- law that prevents government officials will not find it in his response. ligence community said: Oh, my good- from going to that pile of communica- I should note that the Director did ness. It will be so hard to give even a tions and deliberately searching for the provide additional responses in a high- rough estimate. So we said: OK. Just phone calls or e-mails of a specific ly classified attachment to his letter. tell us if anyone else has already done American, even if they do not have any This attachment was so highly classi- such an estimate. The Director de- actual evidence that the American is fied that I think of the 13 Senators who clined to publicly answer this question involved in some kind of wrongdoing, signed the letter of the tripartisan as well. some kind of nefarious activity. group, 11 of those 13 Senators do not Right at the heart of this discussion Again, if it sounds familiar, it ought even have staff who have the requisite is, if we are serious about doing over- to because that is how I began this dis- security clearance to read it. So natu- sight, the Congress ought to be able to cussion, talking about these sorts of rally that makes it hard for those Sen- get a straightforward answer to the general warrants that so upset the ators, let alone the public, to gain a question: Have any estimates been colonists. General warrants allowing better understanding of the privacy im- done already as to whether law-abiding government officials to deliberately in- pact of the law. Americans have had their communica- trude on the privacy of individual Several Senators sent the Director a tions swept up under the FISA author- Americans at their discretion was, as I followup letter last month again urg- ity? have outlined this morning, the abuse ing him to provide public answers to Second, if we want to understand this that led America’s Founding Fathers what we felt were straightforward law’s impact on Americans’ privacy, we to rise up against the British. They are questions—really sort of a minimum probably want to know whether any exactly what the fourth amendment set of responses that the Congress wholly domestic communications have was written to prevent. needs to do oversight. The Director re- been collected under the FISA authori- If government officials wanted to fused that as well. ties. When we are talking about wholly search an American’s house or read Intelligence officials do not deny the domestic communications, we are talk- their e-mails or listen to their phone facts I have outlined this morning.

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So when the courts upheld Court had ruled that collection carried tions carried out under this program those writs of assistance, ordinary peo- out by the government under the FISA are constitutional. ple could read about the decisions, and Amendments Act violated the fourth To respond to those arguments, I people such as James Otis and John amendment to the Constitution. I would note that under the FISA Adams could publicly debate whether think that is an important point to re- Amendments Act, the government does the law was adequately protecting the member when you hear people saying not have to get the permission of the privacy of law-abiding individuals. But the law is adequately protecting Amer- FISA Court to read particular e-mails if the FISA Court were to uphold some- icans’ privacy. or listen to particular phone calls. The thing like that today, in the age of dig- I would also note that on this point, law simply requires the court to review ital communications and electronic partially declassified internal reviews the government’s collection and han- surveillance, it could conceivably pass of the FISA amendments collection act dling procedures on an annual basis. entirely unnoticed by the public, even have noted that certain types of com- There is no requirement in the law for by those people whose privacy was pliance issues continue to occur—con- the court to approve the collection and being invaded. tinue to occur. review of individual communications Since 2008 other Senators and I have I have two last points. Beyond the even if government officials set out to urged the Department of Justice and fact that the programmatic warrants deliberately read the e-mails of an the intelligence community to estab- authorized by the FISA Amendments American citizen. Act are approved by a secret court, the Even when the court reviews the gov- lish a regular process for reviewing, re- other thing that intelligence officials ernment’s collection and handling pro- dacting, and releasing the opinions of cite is that there are ‘‘minimization’’ cedures, it is important to note that the FISA Court that contain signifi- procedures to deal with the issues that the FISA Court’s ruling are made en- cant interpretation of the law so that those of us who are concerned about tirely in secret. It may seem hard to members of the public have the oppor- believe, but the court’s rulings that in- tunity to understand what their gov- privacy rights have raised. This is an terpret major surveillance law and ernment thinks their law and their odd term, but it simply refers to rules even the U.S. Constitution in signifi- Constitution actually mean. I am not for dealing with information about cant ways—these are important judg- talking about a need to release every Americans. ments—the public has absolutely no single routine decision made by the Intelligence officials will tell you idea what the court is actually saying. court. Obviously, most of the cases that these are pretty much taking care What that means is that our country is that come before the court contain sen- of everything, and if there are not in effect developing a secret body of sitive information about intelligence enough privacy protections in the law law so that most Americans have no sources and methods that are appro- itself, minimization procedures provide way of finding out how their laws and priate to keep secret. all of the privacy protections any rea- their Constitution are being inter- I do not take a backseat to any Mem- sonable person could ever want or need. preted. That is a big problem. Ameri- ber of this body in terms of protecting These minimization procedures are cans do not expect to know the details the sources and methods of those in the classified, so most people are never of how government agencies collect in- intelligence community doing their going to know what they say. As some- formation, but Americans do expect important work, but the law itself one who has access to the minimiza- those agencies to operate within the should never be secret. What Federal tion procedures, I will make it clear boundaries of publicly understood law. courts think the law and the fourth that I think they are certainly better Americans need and have a right to amendment to the Constitution actu- than nothing, but there is no way, col- know how those laws and the Constitu- ally mean should never be a secret leagues, these minimization procedures tion are interpreted so they can ratify from the American people, the way it ought to be a substitute for having the decisions that elected officials is today. strong privacy protections written into make on their behalf. To put it another I am going to wrap up. I see Senator the law. way, I think we understand that Amer- MERKLEY and Senator FEINSTEIN here. I I will close with the reason I feel so icans know that intelligence agencies have a couple of additional points. strongly about this, which is that sen- sometimes have to conduct secret oper- I was encouraged in 2009 when the ior intelligence officials have some- ations, but the American people do not Obama administration wrote to Sen- times described these handling proce- expect these agencies to rely on secret ator ROCKEFELLER and myself to in- dures in misleading ways and make law. form us that they would be setting up protections for Americans’ privacy I think we understand that the work a process for redacting and releasing sound stronger than they actually are. of the intelligence community is so ex- those FISA Court opinions that con- I was particularly disappointed when traordinarily important. I see the dis- tained significant interpretations of the Director of NSA did this recently tinguished chair of the committee law. Unfortunately, over 3 years later, at a large technology conference. here. Every member of our com- this process has produced literally zero In response to a question about the mittee—every member—feels that it is results. Not a single redacted opinion National Security Agency’s surveil- absolutely critical to protect the or summary of FISA Court rulings has lance of Americans, General Alexander sources and methods by which the been released. I cannot even tell if the referenced the FISA Amendments Act work of the intelligence community is administration still intends to fulfill and talked in particular about the being done. But we do not expect the this promise. I often get the feeling minimization procedures that applied public to, in effect, just accept secret they are hoping people will go away to the collection of U.S. communica- law. and forget that the promise was made tions. Understand that this was at a When you go to your laptop and you in the first place. big, open technology conference. Gen- look up a law, it is public. It is public. I should note, in fairness, that while eral Alexander said that when the NSA But what I have described is a growing the administration has so far failed to sweeps up communications from a pattern of secret law that makes it fulfill this promise, the intelligence ‘‘good guy,’’ which I think we all as- harder for the American people to community has sometimes been willing sume is a law-abiding American, the make judgments about the decisions to declassify specific information NSA has ‘‘requirements from the FISA that are being made by those in the in- about the FISA Court’s rulings in re- court and the Attorney General to telligence community. I think that can sponse to requests from myself and minimize that, which means nobody undermine the confidence the public other Senators. For example, in re- else can see it unless there is a crime has in the important work being done sponse to a request I made this past that is being committed.’’ Now, any- by the intelligence community. summer, the intelligence community body who hears that phrase says: That

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We asked: lected any personally identifiable data In October, a few months after Gen- Does the NSA collect any type of data at on more than 1 million Americans. The eral Alexander made the comments, all on ‘millions or hundreds of millions of Congress and the country deserve an Senator UDALL and I wrote him a letter Americans’? answer to this question as well. asking him to please correct the I think that is a pretty straight- The amendment does not force the record. The first paragraphs of the let- forward question. If we are asking declassification of any information. ter were: whether the NSA is doing a good job The amendment gives the President Dear General Alexander: protecting Americans’ privacy, it is full discretion to redact as much infor- You spoke recently at a technology con- one of the most basic questions of all. mation from the public version of the vention in Nevada, at which you were asked If General Alexander saw fit, and he report as he deems appropriate, as long a question about NSA collection of informa- tion about American citizens. In your re- was the one who said they don’t keep as he tells the Congress why. sponse, you focused in particular on section millions of dossiers, General Alexander To repeat, the amendment doesn’t re- 702 of the FISA Amendments Act of 2008, could have answered our question quire the intelligence community to which the Senate will debate later this year. about whether they were keeping these conduct a new estimate, and the Presi- In describing the NSA’s collection of com- dossiers with a simple yes or no. dent would have full discretion to de- munications under the FISA Amendments Instead, the Director of the NSA re- cide whether any information should Act, you discussed rules for handling the plied that while he appreciated our de- be made public. communications of U.S. persons. sire to have responses to the questions I offer this amendment because I be- General Alexander said: on the public record, he would not pro- lieve every Member of Congress ought We may, incidentally, in targeting a bad vide a public answer. to have the answers to these questions. guy hit on somebody [sic] from a good guy, Again, the Director of the NSA said: If your constituents are similar to because there’s a discussion there. We have requirements from the FISA Court and the ‘‘The story that we [the NSA] have mine and Senator MERKLEY’s, they ex- Attorney General to minimize that, which millions or hundreds of millions of dos- pect us to give government agencies means nobody else can see it unless there’s a siers on people is absolutely false.’’ the authority to protect our country crime that’s been committed. So two members of the committee and to gather intelligence on impor- Senator UDALL and I wrote: asked: ‘‘Does the NSA collect any type tant topics, but they also expect us to We believe that this statement incorrectly of data at all on ‘millions or hundreds conduct vigorous oversight on what characterized the minimization require- of millions of Americans,’ ’’ and the Di- those agencies are doing. ments that apply to the NSA’s FISA Amend- rector refused to respond. It is, I guess, a temptation to say: I ments Act collection, and portrayed privacy At this point, I close by way of say- don’t know what is going on, so I will protections for Americans’ communications ing I believe the FISA Amendments let somebody else look at the privacy as being stronger than they actually are. We Act has enabled the government to col- issues and go from there. I don’t think urge you to correct this statement, so that Congress and the public can have a debate lect useful intelligence information, that is good oversight. over the renewal of this law that is informed and my goal is to reform the legisla- To me, at a minimum, if we don’t by at least some accurate information about tion. The two specific things I want to pass a requirement that we get a rough the impact it has had on Americans’ privacy. do are, first, require the intelligence accounting of whether there has even General Alexander wrote us back a community to provide more informa- been an estimate done with respect to few weeks later and said that, of tion about the impact of the FISA how many law-abiding Americans have course, that is not exactly how mini- Amendments Act on Americans’ pri- been swept up under these FISA au- mization procedures work and, of vacy and, second, to make improve- thorities, my view is that oversight be- course, the privacy protections aren’t ments to privacy protections so we can comes toothless, and that is not what as strong as that. readily see where they are most need- our obligation over these issues is all If anyone would like to read his let- ed. about. ter, I put it up on my Web site. I don’t So there will be several amendments There will be other important know why General Alexander described that will be offered. The amendment I amendments as well. Senator MERKLEY the minimization procedures the way will be offering is sponsored by 15 Mem- has one that I think is particularly im- he did. It is possible he misspoke. It is bers of the Senate. It simply says the portant because it goes to this question possible he was mistaken. But I cer- Director of the National Intelligence of secret laws. Senator LEAHY seeks to tainly would be more sympathetic to Agency should submit a report to the promote additional accountability as these arguments that all these privacy Congress on the privacy impact of the well with his important amendment. protections are being taken care of if it FISA Amendments Act. My colleague Senator PAUL will be of- hadn’t taken Senator UDALL and I This amendment would require the fering an amendment, an important making a push to get the NSA to cor- report to state whether any estimate amendment as well, with respect to rect the record with respect to these has been done, how many U.S. commu- reasonable searches and seizures under minimization procedures. Frankly, I nications have been collected under the the fourth amendment. am not sure, if there hadn’t been a big authority, and to provide any esti- We obviously have crucial work to do push by Senators who had questions mates that exist. I wish to emphasize with respect to the fiscal cliff issue in about what was said at that technology this amendment would not require any the next few days. We talked earlier conference, I am not sure the NSA entity to actually conduct such an es- when the majority leader was here would have ever corrected what they timate. The Director would be required about the impact of the budget and originally said about minimization. only to provide any estimates that taxes, senior citizens not being able to So minimization procedures are not a have already been done and, if no esti- see doctors. It is crucial work, and I bad idea, but the suggestion that we mates exist, the Director could say so. continue to be part of that optimists don’t need privacy protections written Additionally, the amendment would caucus in the Senate, believing we can into the law because of them is a bad require the report to state whether any still find some common ground in these idea. wholly domestic communications have last few days on the fiscal cliff and Finally, at that conference, General been collected under the FISA Amend- avoid going over the fiscal cliff. Alexander stated: ‘‘The story that we ments Act and whether any govern- That is crucial work, but striking the [the NSA] have millions or hundreds of ment agencies have ever conducted any right balance between protecting our millions of dossiers on people is abso- warrantless, backdoor searches. These country and protecting our individual lutely false.’’ are straightforward questions, and liberties is also important work. For

VerDate Mar 15 2010 02:51 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.010 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8391 that reason, I wanted to walk through trict Court judges appointed by the Su- gency, the surveillance can commence the history of the FISA Amendments preme Court who review government before the court order is issued, but the Act this morning, describe why it was requests for surveillance activities and government still must have probable so important, particularly for us to get obtain annual approval for a program cause to believe the U.S. person is an even an accounting. to conduct surveillance on non-U.S. agent of a foreign power. Remember, this doesn’t disrupt any persons, in other words, surveillance on Let me take a few moments to ad- operations in the intelligence commu- individuals who are not U.S. citizens or dress the principal concerns some of nity. This is just an accounting of how lawful permanent residents and who my colleagues have expressed about many law-abiding Americans had their are located outside the United States. this legislation, which is the effect this communications swept up under this Under current law, the Attorney Gen- one provision—Section 702—may have law. That work is crucial too. eral and the Director of National Intel- on the privacy and civil liberties of For that reason, I hope that on a bi- ligence may submit an application to U.S. persons. And let me say that 13 partisan basis, the amendments will be the FISA Court. I call this a program members of the Intelligence Com- viewed favorably by the Senate when warrant. It identifies the category of mittee who have voted in favor of the we begin voting. Thank you for your foreign persons against whom the gov- extension of the FISA Amendments indulgence for being part of this discus- ernment seeks to conduct surveillance. Act—and against previous amendments sion, presiding in the chair, and with This application is accompanied by from Senator WYDEN—do not believe special thanks to the distinguished ma- targeting and minimization procedures privacy is being eliminated under the jority leader who gave me the oppor- that establish how the government will law this bill would reauthorize. tunity to open this discussion about determine that someone targeted for As I have discussed, section 702 estab- FISA this morning. surveillance is located outside the lishes a framework for the government I yield the floor. United States; and, secondly, how it is to acquire foreign intelligence by con- The ACTING PRESIDENT pro tem- going to minimize the acquisition and ducting electronic surveillance on non- pore. The Senator from California. retention of any information con- U.S. persons who are reasonably be- Mrs. FEINSTEIN. Mr. President, I cerning U.S. persons who are acciden- lieved to be located outside of the would like to make an opening state- tally caught up in this. United States under a program that is ment, as the committee chair, on the If the FISA Court finds the proce- annually approved by the court. The bill that is before the Senate. dures to be consistent with both law privacy concerns stem from the poten- This bill is a simple bill. This is a and the fourth amendment, they enter tial for intelligence collection directed House bill that extends, reauthorizes an order authorizing this kind of sur- at non-U.S. persons located abroad to the FISA Amendments Act. FISA is veillance for 1 year—and the judges on result in the incidental collection of or the Foreign Intelligence Surveillance the FISA Court have found both—and concerning communications of U.S. Act. The House bill reauthorizes the they have authorized the program to persons. I understand these concerns, FISA Amendments Act for 5 years, continue. and I would like to explain why I be- until December 31, 2017. That is all it The process that follows allows the lieve the existing provisions are ade- does. intelligence community to collect the quate to address them. Without Senate action, these au- communications of international ter- First, this section is narrowly tai- thorities to collect intelligence expire rorists and other non-U.S. persons who lored to ensure that it may only be in 4 days. That is the reason it is the are located outside the country by, for used to target non-U.S. persons located House bill before us, and that is the example, acquiring electronic commu- abroad. It includes specific prohibi- reason I urge this body to vote no on nications such as phone calls and e- tions on targeting U.S. persons or per- all amendments and send this reau- mails sent to or from a phone number sons inside the United States and pro- thorization to the President where it or an e-mail address known to be used hibitions on engaging in so-called re- will be signed. If it goes past the 31st, by the person under surveillance. verse-targeting, which means targeting the program will be interrupted. Without this authority, the intel- This is important. Reauthorization of ligence community would need to re- a non-U.S. person abroad when the real the FISA Amendments Act has the turn to the process of going to the purpose is to obtain their communica- support of the Director of National Se- FISA Court in every individual case in- tions with a person inside the United curity, Jim Clapper; the Attorney Gen- volving collection directed at a non- States. That is prohibited. eral, Eric Holder; and other national U.S. person and to prove in each case Anytime the intelligence community security officials who have made clear there is probable cause to believe the is seeking to collect the communica- the importance of this legislation. individual is part of or working for a tions of an American, it has to dem- Following my remarks, I would like foreign power or a terrorist group. onstrate that it has probable cause and to enter letters into the RECORD from Now, here is the question: Can the get an individual FISA Court order. the Attorney General and the Director government use section 702 of FISA to Second, Congress recognized at the of National Intelligence, saying this re- target a U.S. person? The answer to time this amendments act was enacted authorization is the highest legislative that is no. The law specifically pro- that it is simply not possible to collect priority of the Intelligence Commu- hibits the use of section 702 authorities intelligence on the communications of nity. to direct collection against—that a person of interest without also col- Let me explain what the expiring means target—U.S. persons. So no one lecting information about the people provisions of the FISA Amendments should think the targets are U.S. per- with whom and about whom that per- Act do. I assume that is agreeable with sons. son communicates, including, in some the President that these letters go into This prohibition is codified in section cases, non-targeted U.S. persons. The the RECORD following my remarks. 702(b), which states that surveillance concern was addressed when the FAA The ACTING PRESIDENT pro tem- authorities may not be used—and let was originally drafted. Specifically, in pore. Without objection, it is so or- me quote the law—‘‘to intentionally order to protect the privacy and civil dered. target any person known at the time of liberty of U.S. persons, Congress man- (See exhibit 1.) acquisition to be located in the United dated that for collection conducted Mrs. FEINSTEIN. Let me describe States or to intentionally target a under 702, the Attorney General adopt what these provisions do and why they United States person reasonably be- and the FISA Court review and approve are necessary to reauthorize. lieved to be located outside the United procedures that minimize the acquisi- What will expire on December 31 is States.’’ tion, retention, and dissemination of title VII of FISA, which is called the Now, if the government wants to en- nonpublic information concerning FAA, the FISA Amendments Act. This gage in electronic surveillance tar- unconsenting U.S. persons. authorizes the executive branch of the geting a U.S. person for foreign intel- Third, numerous reports and assess- government to go to the FISA Court, ligence purposes, it must go back to ments from the executive branch that I which is a special court—and most peo- the FISA Court and it must get a spe- will describe in a moment provide the ple don’t know this—of 11 Federal Dis- cific order from that court. In an emer- committee with extensive visibility

VerDate Mar 15 2010 02:51 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.012 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8392 CONGRESSIONAL RECORD — SENATE December 27, 2012 into how these minimization proce- to which acquisitions under 702 acquire that were later determined to be located in dures work and enable both the Intel- communications of U.S. persons, and the United States and, to the extent pos- ligence and the Judiciary Committees the results of any such assessment. sible, whether communications of such tar- to see how these procedures are effec- So you see, the reporting require- gets were reviewed.’’ Section 702(l)(2)(B), (C) [50 U.S.C. 1881a(l)(2)(B), (C)]. tive in protecting the privacy and civil ments go on and on. Finally, the IGs are required to provide liberties of U.S. persons. Then there is a semiannual report. copies of such reviews to the AG, DNI, and Oversight by the legislative, judicial, Every 6 months, the AG is required to the congressional intelligence and judiciary and executive branch of the govern- fully inform the congressional Intel- committees. Section 702(l)(2)(D) [50 U.S.C. ment over the past 4 years has been ligence and Judiciary Committees con- 1881a(l)(2)(D)]. very thorough. There are procedures cerning the implementation of Title Annual Reviews by Agency Heads of Sec- and requirements in place under cur- VII of FISA, and there is a whole list of tion 702. The head of each element of the in- rent law that provide protection for telligence community ‘‘conducting an acqui- things that must be reviewed and re- sition authorized under [Section 702]’’ (e.g., the privacy and civil liberties of U.S. counted. Then there is a semiannual the Director of NSA) are required to conduct persons. Those entrusted with the re- Attorney General review on FISA. annual reviews to ‘‘determine whether there sponsibility to collect the oversight, There is also the provision for docu- is reason to believe that foreign intelligence the committees of jurisdiction, the ments from the FISA Court relating to information has been or will be obtained FISA Court, and the executive branch significant construction or interpreta- from the acquisition.’’ Among other things, agencies together remain vigilant and tion of FISA. the annual review must include: continue to review the operations of Mr. President, I ask unanimous con- (1) ‘‘an accounting of the number of dis- seminated intelligence reports containing a these agencies. sent to have printed in the RECORD this reference to a United States-person iden- Let me give a quick summary of the list. tity;’’ 702 reporting requirements under cur- There being no objection, the mate- (2) ‘‘an accounting of the number of United rent law. rial was ordered to be printed in the States-person identities subsequently dis- They include a semiannual assess- RECORD, as follows: seminated by that element in response to re- ment by the Attorney General and the SUMMARY OF SECTION 702 REPORTING quests for identities that were not referred DNI. Every 6 months the AG and the REQUIREMENTS to by name or title in the original report- DNI are required to assess compliance ing;’’ Background: The surveillance authorities (3) ‘‘the number of targets that were later with the targeting and minimization added to the Foreign Intelligence Surveil- determined to be located in the United procedures and the acquisition guide- lance Act (‘‘FISA’’) by FISA Amendments States and, to the extent possible, whether lines adopted under Section 702. They Act (‘‘FAA’’) enable the government to con- communications of such targets were re- are both further required to submit duct intelligence collection targeting per- viewed;’’ and each assessment to the FISA Court and sons located outside the United States. The (4) ‘‘a description of any procedures devel- FAA provision that receives the most atten- the congressional Intelligence and Ju- oped by the head of such element of the in- tion is known as ‘‘Section 702,’’ which au- telligence community and approved by the diciary Committees. thorizes the government to engage in certain The inspector general of the Depart- Director of National Intelligence to assess forms of intelligence collection targeting . . . the extent to which the acquisitions au- ment of Justice and the inspector gen- non-U.S. persons located overseas for foreign thorized under [Section 702] acquire the com- eral of each element of the intelligence intelligence purposes with the assistance of munications of United States persons, and community are also authorized review U.S.-based electronic communication service the results of any such assessment.’’ compliance with Section 702. The IGs providers. This Section 702 collection is ap- The head of each element of the intel- are required to provide copies of such proved by the FISA Court on a pro- ligence community that conducts an annual reviews to the Attorney General, to the grammatic basis, without the need for indi- review is also required to use the review to vidualized court orders. Instead, the Director ‘‘evaluate the adequacy of the minimization Director of National Intelligence, and of National Intelligence (DNI) and Attorney the congressional Intelligence and Ju- procedures utilized by such element.’’ General (AG) submit annual certifications to Finally, the head of each element of the in- diciary Committees. So we have the the Court for review and approval, which telligence community that conducts an an- AG reviewing, we have the IGs review- identify categories of non-U.S. person tar- nual review is required to provide a copy of ing, and then we have separate reviews gets located overseas. each review to the FISA Court, AG, DNI, and by the agency heads. Reporting Requirements Relating to Sec- the congressional intelligence and judiciary The head of each element of the in- tion 702: FISA imposes a series reporting re- committees. Section 702(l)(3) [50 U.S.C. telligence community must conduct an quirements on the AG, DNI, and agencies 1881a(l)(3)]. within the Intelligence Community (IC) that Semiannual AG Report on Title VII. Every annual review which includes the fol- utilize Section 702 authorities. These in- lowing: 6 months, the AG is required to ‘‘fully in- clude, with respect to section 702: form’’ the congressional intelligence and ju- First, an accounting of the number of Semiannual AG/DNI Assessments of Sec- diciary committees ‘‘concerning the imple- disseminated intelligence reports con- tion 702. Every six months, the AG and DNI mentation’’ of Title VII. This reporting re- taining a reference to the U.S. person’s are required to assess compliance with the quirement is in addition the semiannual as- identity. As a matter of fact, Members targeting and minimization procedures and sessment performed under Section 702 and can go into a classified room at the of- the acquisition guidelines adopted under encompasses Section 703 and 704 of Title VII, fices of the Senate Intelligence Com- Section 702. The AG and DNI are further re- as well as Section 702. Among other things, quired to submit each assessment to the each report is required to include: mittee and review these reports. Any FISA Court and the congressional intel- Member has access to that review. (1) certifications submitted in accordance ligence and judiciary committees. Section with Section 702; Second, an accounting of the number 702(l)(1) [50 U.S.C. 1881a(l)(1)]. (2) justification for any exercise of the of U.S. person identities subsequently IG Assessments of Section 702. The Inspec- emergency authority contained in Section disseminated by that element in re- tor General of the Department of Justice and 702; sponse to requests for identities that the Inspector General of each element of the (3) directives issued under Section 702; were not referred to by name or title in intelligence community ‘‘authorized to ac- (4) ‘‘a description of the judicial review the original reporting. Members can re- quire foreign intelligence information under during the reporting period . . . including a [Section 702]’’ (e.g., the NSA IG) are ‘‘author- copy of an order or pleading in connection view that. ized’’ to review compliance with the Section Third, the number of targets who with such review that contains a significant 702 targeting and minimization procedures legal interpretation of the provisions of [Sec- were later determined to be located in and the acquisition guidelines. Section tion 702];’’ the United States and, to the extent 702(l)(2)(A) [50 U.S.C. 1881a(l)(2)(A)] (emphasis (5) actions taken to challenge or enforce a possible, whether communications of added). directive under Section 702; such targets were reviewed. Members In addition, the IGs are required to review (6) compliance reviews of acquisitions au- can go in the Intelligence Committee ‘‘the number of disseminated intelligence re- thorized under Section 702; offices and review that. ports containing a reference to a United (7) a description of any incidents of non- Fourth, a description of any proce- States-person identity and the number of compliance with directives, procedures, or United States-person identities subsequently guidelines issued under Section 702; and dures developed by the head of such disseminated by the element concerned in (8) the total number of applications made element of the intelligence community response to requests for identities that were for orders under Sections 703 and 704, as well and approved by the Director of Na- not referred to by name or title in the origi- as the total number of such orders granted, tional Intelligence to assess the extent nal reporting’’ and ‘‘the number of targets modified; and denied; and the number of AG-

VerDate Mar 15 2010 23:42 Dec 27, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.013 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8393 authorized emergency acquisitions under surveillance operations, the lawyers support. Arrested were Ralph Deleon, these sections. Section 707 [50 U.S.C. 1881f]. who review these operations, and, im- Miguel Alejandro Santana Vidriales Semiannual AG Report on FISA. Every 6 portantly, the inspectors general who and Arifeen David Gojali. These three months, the AG is required to submit a re- carry out oversight of the program and men were planning to travel to Afghan- port to the congressional intelligence and ju- diciary committees concerning the imple- have written reports and letters to the istan to attend terrorist training and mentation of FISA. This reporting require- Congress with the results of that re- commit violent jihad; third, was a plot ment comes in addition to both the Section port. to bomb the New York Federal Reserve 702 semiannual assessment and the Title VII The intelligence committee’s review Bank; fourth, a plot to bomb a down- semiannual report and encompasses all the of these FAA surveillance authorities town Chicago bar; fifth, a conspiracy to provisions of the Act. In addition to require- has included the receipt and examina- provide material support to the Islamic ments that pertain to Titles I–V of FISA, the tion of dozens of reports concerning the Jihad Union; sixth, a plot to carry out report must include a ‘‘summary of signifi- implementation of these authorities a suicide bomb attack against the U.S. cant legal interpretations’’ involving mat- over the past 4 years, which the execu- ters before the FISA Court and copies of all Capitol in February of 2012; seventh, a decisions, orders, or opinions of the FISA tive branch is required to provide by plot to bomb locations in Tampa, FL; Court that include ‘‘significant construction law. We have received and scrutinized eighth, a plot to bomb New York City or interpretation’’ of any provision of FISA, all the classified opinions of the court targets and troops returning from com- including Section 702. Section 601(a) [50 that interpret the law in a significant bat overseas; ninth, a plot to assas- U.S.C. 1871(a)]. way. sinate the Saudi Ambassador to the Provision of Documents Relating to Sig- Finally, our staff has held countless United States; and it goes on and on nificant Construction or Interpretation of briefings with officials from the NSA, and on. FISA. Within 45 days of any decision, order, the DOJ, the Office of the DNI, and the or opinion issued by the FISA Court that So I believe the FISA Amendments ‘‘includes significant construction or inter- FISA Court itself, including the FBI. Act is important and these cases show pretation of any provision of [FISA]’’ (in- Collectively, these assessments, re- the program has worked. As the years cluding Section 702), the AG is required to ports, and other information obtained go on, I believe good intelligence is the submit to the congressional intelligence and by the Intelligence Committee dem- most important way to prevent these judiciary committees ‘‘a copy of the deci- onstrate that the government imple- attacks. sion, order, or opinion’’ and any ‘‘pleadings, ments the FAA surveillance authori- Information gained through pro- applications, or memoranda of law associ- ties in a responsible manner, with rel- grams such as this one—and through ated with such decision, order, or opinion.’’ atively few incidents of noncompli- Section 601(c) [50 U.S.C. 1871(c)]. other sources as well—is able to be ance. used to prevent future attacks. So, in Mrs. FEINSTEIN. So, Mr. President, Let me say this. Where such inci- the past 4 years, there have been 100 ar- it is not a question of this oversight dents of noncompliance have arisen, rests to prevent something from hap- not being done. I must respectfully dis- they have been inadvertent. They have pening in the United States, some of agree with the Senator from Oregon on not been intentional. They have been these plots have been thwarted because that point. There is clearly rigorous the result of human error or technical of this program. I think it is a vital oversight, and we have done hearing defect, and they have been promptly program. We are doing our level best to after hearing, we have looked at report reported and remedied. That is impor- conduct good oversight and keep after report, and any Member of this tant. Through 4 years of oversight, abreast of the details of the program body who so wishes can go and review from all these reports, from all the and to see that these reports come in. this material in the offices of the Intel- meetings, from all the hearings, we I have tried to satisfy Senator WYDEN ligence Committee. have not identified a single case in but apparently have been unable to do Now, let me talk about a protection which a government official engaged in so. that does exist for privacy, but will ex- a willful effort to circumvent or vio- I am hopeful the Senate Intelligence pire if this bill is not passed. That is late the law. Committee’s 13-to-2 vote to reauthorize section 704. Under this section, the in- Keep in mind the oversight per- this important legislation will be con- telligence community is required to formed by Congress—that is, both sidered by all Members. get a specific judicial order before con- Houses—and the FISA court comes in I ask unanimous consent to have ducting surveillance on a U.S. person addition to the extensive internal over- printed in the RECORD the Statement located outside the United States. sight of the implementation that is of Administrative Policy on the House Before this provision was enacted in performed by the Department of Jus- bill. 2008 as the product of Senators who tice, the Director of National Intel- There being no objection, the mate- were concerned—and they were lis- ligence, and multiple IGs. rial was ordered to be printed in the tened to, and this was enacted—the in- There is a view by some that this RECORD, as follows: telligence community could conduct country no longer needs to fear attack. intelligence collection on U.S. persons I don’t share that view, and I have STATEMENT OF ADMINISTRATION POLICY outside the country with only the ap- asked the intelligence committee staff H.R. 5949—FISA AMENDMENTS ACT proval of the Attorney General but to compile arrests that have been made REAUTHORIZATION ACT OF 2012 without a requirement of independent in the last 4 years in America on ter- (Rep. Smith, R–TX, and 5 cosponsors, Sept. judicial review. Section 704 provides rorist plots that have been stopped. 10, 2012) that judicial review by the special For- There are 100 arrests that have been The Administration strongly supports H.R. eign Intelligence Surveillance Court. 5949. The bill would reauthorize Title VII of made between 2009 and 2012. There have the Foreign Intelligence Surveillance Act This will only be preserved if title VII been 16 individuals arrested just this (FISA), which expires at the end of this year. of this act is reauthorized. If it isn’t, year alone. Let me quickly review Title VII of FISA allows the Intelligence the privacy provision goes down with some of these plots. Some of these may Community to collect vital foreign intel- it. arrests come about as a result of this ligence information about international ter- Now, let me talk a bit more about program. Again, if Members want to rorists and other important targets overseas, the oversight that we have done. If you see the specific cases where FISA while providing protection for the civil lib- listen to some, there has been little Amendments Act authorities were erties and privacy of Americans. Intelligence oversight, but that is not the case. We collection under Title VII has produced and used, they can go and look at the clas- continues to produce significant information have held numerous hearings with Di- sified background of these cases. that is vital to defend the Nation against rectors of National Intelligence Dennis First, in November, 1 month ago, two international terrorism and other threats. Blair and Jim Clapper; with the head of arrests for conspiracy to provide mate- The Administration looks forward to work- the NSA, General Alexander; and with rial support to terrorists and use a ing with the Congress to ensure the contin- Bob Mueller at the FBI. We have had weapon of mass destruction. That was ued availability of this critical intelligence Eric Holder appear before the com- Raees Alam Qazi and Sheheryar Alam capability. mittee to discuss this, and we have Qazi. They were arrested by the FBI in Mrs. FEINSTEIN. It states that the heard from intelligence community Fort Lauderdale, FL. The next case is administration strongly supports H.R. professionals involved in carrying out another conspiracy to provide material 5949, and it goes on to say what the bill

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I am enclosing a classified re- go directly to the President for signa- U.S. Senate. sponse that addresses your questions in de- ture. Hon. JON TESTER, tail. U.S. Senate. I yield the floor. (U) That said, there is a point in your let- Hon. TOM UDALL, ter I would like to address directly. I strong- U.S. Senate. EXHIBIT 1 ly take exception to the suggestion that Hon. MARIA CANTWELL, INSPECTOR GENERAL OF THE U.S. Senate. there is a ‘‘loophole’’ in the current law con- INTELLIGENCE COMMUNITY, Hon. MARK UDALL, cerning access to communications collected Washington, DC, June 15, 2012. U.S. Senate. under section 702 of the FAA. While our col- Hon. RON WYDEN, Hon. JEFF MERKLEY, lection methods are classified, the basic Senate Select Committee on Intelligence, U.S. U.S. Senate. standards for that collection are a matter of Senate, Washington, DC. Hon. CHRIS COONS, public law: Hon. MARK UDALL, U.S. Senate. Section 702 only permits targeting of non- Senate Select Committee on Intelligence, U.S. Hon. JEFF BINGAMAN, Senate, Washington, DC. U.S. Senate. U.S. persons reasonably believed to be lo- DEAR SENATOR WYDEN AND SENATOR Hon. BERNARD SANDERS, cated outside of the United States. It does UDALL: Thank you for your 4 May 2012 letter U.S. Senate. not permit targeting of U.S. persons any- requesting that my office and the National Hon. DICK DURBIN, where in the world, or of any person inside Security Agency (NSA) Inspector General U.S. Senate. the United States. DEAR SENATORS: (U) Thank you for your (IG) determine the feasibility of estimating Section 702 prohibits so-called ‘‘reverse July 26, 2012 letter on the FISA Amendments ‘‘how many people inside the United States Act (FAA). As you noted, reauthorization of targeting’’—targeting a person located out- have had their communications collected or FAA is an extremely high priority for the side the United States as a pretext when the reviewed under the authorities granted by Administration. The FAA authorities have real goal is to target a person inside the section 702’’ of the FISA Amendment Act proved to be an invaluable asset in our effort United States. (FAA). On 21 May 2012, I informed you that to detect and prevent threats to our nation Section 702 prohibits the intentional acqui- and our allies. the NSA Inspector General, George Ellard, sition of any communication when all com- would be taking the lead on the requested The members of the Intelligence Commu- nity and I appreciate the need for Congress municants are known at the time of acquisi- feasibility assessment, as his office could to be fully informed about this statute as it tion to be within the United States. provide an expedited response to this impor- considers reauthorization. We have repeat- (U) In enacting these standards for collec- tant inquiry. edly reported to the Intelligence and Judici- tion, Congress understood that some commu- ary committees of both the House and Sen- The NSA IG provided a classified response nications of U.S. persons would be inciden- ate how we have implemented the statute, on 6 June 2012. I defer to his conclusion that tally acquired, and the statute therefore obtaining such an estimate was beyond the the operational value it has afforded, and the extensive measures we take to ensure that specifies minimization procedures that re- capacity of his office and dedicating suffi- the Government’s use of these authorities strict that acquisition, retention, and dis- cient additional resources would likely im- comports with the Constitution and the laws semination of any information about U.S. pede the NSA’s mission. He further stated of the United States. Our record of trans- persons. The Foreign Intelligence Surveil- that his office and NSA leadership agreed parency with the Congress includes many lance Court is required by statute to ensure that an IG review of the sort suggested formal briefings and hearings, numerous that those procedures are both reasonably would itself violate the privacy of U.S. per- written notifications and reports, and count- designed to ensure compliance with the less hours that our legal, operational, and sons. above limitations and consistent with the compliance experts have spent in detailed As I stated in my confirmation hearing and discussions, briefings, and demonstrations Fourth Amendment. In addition, components as we have specifically discussed, I firmly be- with committee staff and counsel. In addi- of the Executive Branch, including both my lieve that oversight of intelligence collection tion, we have provided classified and unclas- office and the Department of Justice, regu- is a proper function of an Inspector General. sified white papers, available to any Member larly assess compliance with the targeting I will continue to work with you and the of Congress, detailing how the law is imple- and minimization procedures. Finally, the Committee to identify ways that we can en- mented, the robust oversight involved, and Intelligence Committees have been fully hance our ability to conduct effective over- the nature and value of the resulting collec- briefed on both the law and how the govern- sight. If you have any questions concerning tion. ment collects and uses information under (U) This extensive history of interaction section 702. In short, there is no loophole in this response, please contact me. with Congress has included discussions, Sincerely, within the past several months, of the issues the law. I. CHARLES MCCULLOUGH, III, raised in your letter of July 26. We have met (U) As the legislation comes up for floor Inspector General of the Intelligence at length with committee staff and counsel consideration, we would welcome the oppor- Community. to discuss the legal and operational param- tunity to meet with any Senator or appro- eters associated with use of FAA 702. With priately cleared staff member to address the benefit of this information, the commit- these issues in a classified setting. I have tees have reported FAA reauthorization leg- asked Kathleen Turner, Director of my Of- islation. We urge that it be brought to the floor of the Senate and House, and enacted fice of Legislative Affairs, to contact your without amendment as proposed by the Ad- offices to try to schedule a briefing. ministration at the earliest possible date. (U) I appreciate your taking the time to This degree of transparency with Congress share your views with me, and I look forward has been possible because these hearings, to working with you to ensure that Congress briefings, reports, and discussion have gen- has a full understanding of these and any erally been classified. The issues you have raised cannot be accurately and thoroughly other concerns you may have as the Senate addressed in an unclassified setting without considers legislation to reauthorize the FAA revealing intelligence sources and methods, this fall. which would defeat the very purpose for Sincerely, which the laws were enacted. It remains vi- JAMES R. CLAPPER. tally important to avoid public disclosure of Enclosure. sources and methods with respect to section 702 in order to protect the efficacy of this UNCLASSIFIED upon removal of Enclo- important provision for collecting foreign in- sure. telligence information.

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OFFICE OF THE DIRECTOR OF NA- to working with you to ensure the speedy en- power, and to obtain an order from the FISC TIONAL INTELLIGENCE, AND UNITED actment of legislation reauthorizing Title approving the surveillance on this basis. In STATES DEPARTMENT OF JUSTICE VII, without amendment, to avoid any inter- effect, the Intelligence Community treated Washington, DC, Feb. 8, 2012. ruption in our use of these authorities to non-U.S. persons located overseas like per- Hon. JOHN BOEHNER, protect the American people. sons in the United States, even though for- Speaker, United States House of Representa- Sincerely, eigners outside the United States generally tives, Washington, DC JAMES R. CLAPPER, are not entitled to the protections of the Hon. HARRY REID, Director of National Fourth Amendment. Although FISA’s origi- Majority Leader, U.S. Senate, Washington, DC. Intelligence. nal procedures are proper for electronic sur- Hon. NANCY PELOSIm ERIC H. HOLDER, JR., veillance of persons inside this country, such Democratic Leader, United States House of Rep- Attorney General. a process for surveillance of terrorist sus- resentatives, Washington, DC. pects overseas can slow, or even prevent, the Hon. MITCH MCCONNELL, BACKGROUND PAPER ON TITLE VII OF FISA Government’s acquisition of vital informa- Republican Leader, U.S. Senate, Washington, PREPARED BY THE DEPARTMENT OF JUSTICE tion, without enhancing the privacy inter- DC. AND THE OFFICE OF DIRECTOR OF NATIONAL ests of Americans. Since its enactment in DEAR SPEAKER BOEHNER AND LEADERS INTELLIGENCE (ODNI) 2008, section 702 has significantly increased REID, PELOSI, AND MCCONNELL: we are writ- This paper describes the provisions of Title the Government’s ability to act quickly. ing to urge that the Congress reauthorize VII of the Foreign Intelligence Surveillance Under section 702, instead of issuing indi- Title VII of the Foreign Intelligence Surveil- Act (FISA) that were added by the FISA vidual court orders, the FISC approves an- lance Act (FISA) enacted by the FISA Amendments Act of 2008 (FAA). Title VII has nual certifications submitted by the Attor- Amendments Act of 2008 (FAA), which is set proven to be an extremely valuable author- ney General and the DNI that identify cat- to expire at the end of this year. Title VII of ity in protecting our nation from terrorism egories of foreign intelligence targets. The FISA allows the Intelligence Community to and other national security threats. Title provision contains a number of important protections for U.S. persons and others in collect vital information about international VII is set to expire at the end of this year, the United States. First, the Attorney Gen- terrorists and other important targets over- and its reauthorization is the top legislative eral and the DNI must certify that a signifi- seas. Reauthorizing this authority is the top priority of the Intelligence Community. legislative priority of the Intelligence Com- The FAA added a new section 702 to FISA, cant purpose of the acquisition is to obtain munity. permitting the Foreign Intelligence Surveil- foreign intelligence information. Second, an One provision, section 702, authorizes sur- lance Court (FISC) to approve surveillance of acquisition may not intentionally target a U.S. person. Third, it may not intentionally veillance directed at non-U.S. persons lo- terrorist suspects and other foreign intel- target any person known at the time of ac- cated overseas who are of foreign intel- ligence targets who are non-U.S. persons quisition to be in the United States. Fourth, ligence importance. At the same time, it pro- outside the United States, without the need it may not target someone outside the vides a comprehensive regime of oversight for individualized court orders. Section 702 United States for the purpose of targeting a by all three branches of Government to pro- includes a series of protections and oversight particular, known person in this country. tect the privacy and civil liberties of U.S. measures to safeguard the privacy and civil persons. Under section 702, the Attorney Fifth, section 702 prohibits the intentional liberties interests of U.S. persons. FISA con- General and the Director of National Intel- acquisition of ‘‘any communication as to tinues to include its original electronic sur- ligence may authorize annually, with the ap- which the sender and all intended recipients veillance provisions, meaning that, in most proval of the Foreign Intelligence Surveil- are known at the time of the acquisition’’ to cases, an individualized court order, based on lance Court (FISC), intelligence collection be in the United States. Finally, it requires probable cause that the target is a foreign targeting categories of non-U.S. persons that any acquisition be consistent with the power or an agent of a foreign power, is still abroad, without the need for a court order Fourth Amendment. required to conduct electronic surveillance for each individual target. Within this To implement these provisions, section 702 of targets inside the United States. Indeed, framework, no acquisition may intentionally requires targeting procedures, minimization other provisions of Title VII extend these target a U.S. person, here or abroad, or any procedures, and acquisition guidelines. The protections to U.S. persons overseas. The ex- other person known to be in the United targeting procedures are designed to ensure tensive oversight measures used to imple- States. The law requires special procedures that an acquisition only targets persons out- ment these authorities demonstrate that the designed to ensure that all such acquisitions side the United States, and that it complies Government has used this capability in the target only non-U.S. persons outside the with the restriction on acquiring wholly do- manner contemplated by Congress, taking United States, and to protect the privacy of mestic communications. The minimization great care to protect privacy and civil lib- U.S. persons whose nonpublic information procedures protect the identities of U.S. per- erties interests. sons, and any nonpublic information con- may be incidentally acquired. The Depart- This paper begins by describing how sec- cerning them that may be incidentally ac- ment of Justice and the Office of the Direc- tion 702 works, its importance to the Intel- quired. The acquisition guidelines seek to tor of National Intelligence conduct exten- ligence Community, and its extensive over- ensure compliance with all of the limitations sive oversight reviews of section 702 activi- sight provisions. Next, it turns briefly to the of section 702 described above, and to ensure ties at least once every sixty days, and Title other changes made to FISA by the FAA, in- that the Government files an application VII requires us to report to the Congress on cluding section 704, which requires an order implementation and compliance twice a with the FISC when required by FISA. from the FISC before the Government may The FISC reviews the targeting and mini- year. engage in surveillance targeted at U.S. per- A separate provision of Title VII requires mization procedures for compliance with the sons overseas. Third, this paper describes the that surveillance directed at U.S. persons requirements of both the statute and the reporting to Congress that the Executive overseas be approved by the FISC in each in- Fourth Amendment. Although the FISC does Branch has done under Title VII of FISA. Fi- dividual case, based on a finding that there not approve the acquisition guidelines, it re- nally, this paper explains why the Adminis- is probable cause to believe that the target is ceives them, as do the appropriate congres- tration believes it is essential that Congress a foreign power or an agent, officer, or em- sional committees. By approving the certifi- reauthorize Title VII. ployee of a foreign power. Before the enact- cations submitted by the Attorney General ment of the FAA, the Attorney General 1. SECTION 702 PROVIDES VALUABLE FOREIGN IN- and the DNI as well as by approving the tar- could authorize such collection without TELLIGENCE INFORMATION ABOUT TERRORISTS geting and minimization procedures, the court approval. This provision thus increases AND OTHER TARGETS OVERSEAS, WHILE PRO- FISC plays a major role in ensuring that ac- the protection given to U.S. persons. TECTING THE PRIVACY AND CIVIL LIBERTIES quisitions under section 702 are conducted in The attached background paper provides OF AMERICANS a lawful and appropriate manner. additional unclassified information on the Section 702 permits the FISC to approve Section 702 is vital in keeping the nation structure, operation and oversight of Title surveillance of terrorist suspects and other safe. It provides information about the plans VII of FISA. targets who are non-U.S. persons outside the and identities of terrorists, allowing us to Intelligence collection under Title VII has United States, without the need for individ- glimpse inside terrorist organizations and produced and continues to produce signifi- ualized court orders. The FISC may approve obtain information about how those groups cant intelligence that is vital to protect the surveillance of these kinds of targets when function and receive support. In addition, it nation against international terrorism and the Government needs the assistance of an lets us collect information about the inten- other threats. We welcome the opportunity electronic communications service provider. tions and capabilities of weapons to provide additional information to mem- Before the enactment of the FAA and its proliferators and other foreign adversaries bers concerning these authorities in a classi- predecessor legislation, in order to conduct who threaten the United States. Failure to fied setting. We are always considering the kind of surveillance authorized by sec- reauthorize section 702 would result in a loss whether there are changes that could be tion 702, FISA was interpreted to require of significant intelligence and impede the made to improve the law in a manner con- that the Government show on an individual- ability of the Intelligence Community to re- sistent with the privacy and civil liberties ized basis, with respect to all non-U.S. per- spond quickly to new threats and intel- interests of Americans. Our first priority, son targets located overseas, that there was ligence opportunities. Although this unclas- however, is reauthorization of these authori- probable cause to believe that the target was sified paper cannot discuss more specifically ties in their current form. We look forward a foreign power or an agent of a foreign the nature of the information acquired under

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section 702 or its significance, the Intel- 2. OTHER IMPORTANT PROVISIONS OF TITLE VII under section 702; reported, in detail, on the ligence Community is prepared to provide OF FISA ALSO SHOULD BE REAUTHORIZED results of the reviews and on compliance in- Members of Congress with detailed classified In contrast to section 702, which focuses on cidents and remedial efforts; made all writ- briefings as appropriate. foreign targets, section 704 provides height- ten reports on these reviews available to the The Executive Branch is committed to en- ened protection for collection activities con- Committees; and provided summaries of sig- suring that its use of section 702 is con- ducted overseas and directed against U.S. nificant interpretations of FISA, as well as sistent with the law, the FISC’s orders, and persons located outside the United States. copies of relevant judicial opinions and the privacy and civil liberties interests of Section 704 requires an order from the FISC pleadings. U.S. persons. The Intelligence Community, in circumstances in which the target has ‘‘a 4. IT IS ESSENTIAL THAT TITLE VII OF FISA BE the Department of Justice, and the FISC all reasonable expectation of privacy and a war- REAUTHORIZED WELL IN ADVANCE OF ITS EX- oversee the use of section 702. In addition, rant would be required if the acquisition PIRATION congressional committees conduct essential were conducted inside the United States for The Administration strongly supports the oversight, which is discussed in section 3 law enforcement purposes.’’ It also requires a reauthorization of Title VII of FISA. It was below. showing of probable cause that the targeted enacted after many months of bipartisan ef- Oversight of activities conducted under U.S. person is ‘‘a foreign power, an agent of fort and extensive debate. Since its enact- section 702 begins with components in the in- a foreign power, or an officer or employee of ment, Executive Branch officials have pro- telligence agencies themselves, including a foreign power.’’ Previously, these activities vided extensive information to Congress on their Inspectors General. The targeting pro- were outside the scope of FISA and governed the Government’s use of Title VII, including cedures, described above, seek to ensure that exclusively by section 2.5 of Executive Order reports, testimony, and numerous briefings an acquisition targets only persons outside 12333. By requiring the approval of the FISC, for Members and their staffs. This extensive the United States and that it complies with section 704 enhanced the civil liberties of record demonstrates the proven value of section 702’s restriction on acquiring wholly U.S. persons. these authorities, and the commitment of domestic communications. For example, the The FAA also added several other provi- the Government to their lawful and respon- targeting procedures for the National Secu- sions to FISA. Section 703 complements sec- sible use. rity Agency (NSA) require training of agency tion 704 and permits the FISC to authorize Reauthorization will ensure continued cer- analysts, and audits of the databases they an application targeting a U.S. person out- tainty with the rules used by Government use. NSA’s Signals Intelligence Directorate side the United States to acquire foreign in- employees and our private partners. The In- also conducts other oversight activities, in- telligence information, if the acquisition telligence Community has invested signifi- cluding spot checks of targeting decisions. constitutes electronic surveillance or the ac- cant human and financial resources to en- With the strong support of Congress, NSA quisition of stored electronic communica- able its personnel and technological systems has established a compliance office, which is tions or data, and is conducted in the United to acquire and review vital data quickly and responsible for developing, implementing, States. Because the target is a U.S. person, lawfully. Our adversaries, of course, seek to and monitoring a comprehensive mission section 703 requires an individualized court hide the most important information from compliance program. order and a showing of probable cause that us. It is at best inefficient and at worst un- the target is a foreign power, an agent of a workable for agencies to develop new tech- Agencies using section 702 authority must foreign power, or an officer or employee of a report promptly to the Department of Jus- nologies and procedures and train employees, foreign power. Other sections of Title VII only to have a statutory framework subject tice and ODNI incidents of noncompliance allow the Government to obtain various au- with the targeting or minimization proce- to wholesale revision. This is particularly thorities simultaneously, govern the use of true at a time of limited resources. It is es- dures or the acquisition guidelines. Attor- information in litigation, and provide for neys in the National Security Division (NSD) sential that these authorities remain in congressional oversight. Section 708 clarifies place without interruption—and without the of the Department routinely review the that nothing in Title VII is intended to limit agencies’ targeting decisions. At least once threat of interruption—so that those who the Government’s ability to obtain author- have been entrusted with their use can con- every 60 days, NSD and ODNI conduct over- izations under other parts of FISA. sight of the agencies’ activities under sec- tinue to protect our nation from its enemies. 3. CONGRESS HAS BEEN KEPT FULLY INFORMED, tion 702. These reviews are normally con- Mr. GRASSLEY. Mr. President, the AND CONDUCTS VIGOROUS OVERSIGHT, OF ducted on-site by a joint team from NSD and reauthorization of the Foreign Intel- TITLE VII’S IMPLEMENTATION ODNI. The team evaluates and, where appro- ligence Surveillance Act Amendments priate, investigates each potential incident FISA imposes substantial reporting re- quirements on the Government to ensure ef- Act, also known as the FISA Amend- of noncompliance, and conducts a detailed ments Act, is a crucial authority for review of agencies’ targeting and minimiza- fective congressional oversight of these au- tion decisions. thorities. Twice a year, the Attorney Gen- the U.S. Intelligence Community. Un- eral must ‘‘fully inform, in a manner con- less we act to pass this legislation, the Using the reviews by Department of Jus- sistent with national security,’’ the Intel- tice and ODNI personnel, the Attorney Gen- law will expire in just a few days from ligence and Judiciary Committees about the now. It must be reauthorized imme- eral and the DNI conduct a semi-annual as- implementation of Title VII. With respect to sessment, as required by section 702, of com- diately for a 5-year period. section 702, this semi-annual report must in- I am familiar with the FISA Amend- pliance with the targeting and minimization clude copies of certifications and significant procedures and the acquisition guidelines. FISC pleadings and orders. It also must de- ments Act, FAA, through my role as The assessments have found that agencies scribe any compliance incidents, any use of ranking member of the Judiciary Com- have ‘‘continued to implement the proce- emergency authorities, and the FISC’s re- mittee, which along with the Select dures and follow the guidelines in a manner view of the Government’s pleadings. With re- Committee on Intelligence, has juris- that reflects a focused and concerted effort spect to sections 703 and 704, the report must diction over this legislation and over- by agency personnel to comply with the re- include the number of applications made, quirements of Section 702.’’ The reviews have sight of the intelligence operations and the number granted, modified, or denied conducted by the Department of Jus- not found ‘‘any intentional attempt to cir- by the FISC. cumvent or violate’’ legal requirements. Section 702 requires the Government to tice and Federal Bureau of Investiga- Rather, agency personnel ‘‘are appropriately provide to the Intelligence and Judiciary tion. During the last year, my staff and focused on directing their efforts at non- Committees its assessment of compliance I have engaged in extensive consulta- United States persons reasonably believed to with the targeting and minimization proce- tion with the intelligence community be located outside the United States.’’ dures and the acquisition guidelines. In addi- and the Department of Justice to un- Section 702 thus enables the Government tion, Title VI of FISA requires a summary of derstand how the FAA has been used. to collect information effectively and effi- significant legal interpretations of FISA in The committee held a closed hearing ciently about foreign targets overseas and in matters before the FISC or the Foreign In- with witness testimony and questions a manner that protects the privacy and civil telligence Surveillance Court of Review. The liberties of Americans. Through rigorous requirement extends to interpretations pre- from Senators as well. oversight, the Government is able to evalu- sented in applications or pleadings filed with We debated this legislation in com- ate whether changes are needed to the proce- either court by the Department of Justice. mittee where I opposed the version pro- dures or guidelines, and what other steps In addition to the summary, the Department duced by the Judiciary Committee may be appropriate to safeguard the privacy must provide copies of judicial decisions that which is now the basis of the Leahy of personal information. In addition, the De- include significant interpretations of FISA amendment. I opposed it because I have partment of Justice provides the joint as- within 45 days. learned a great deal both about the sessments and other reports to the FISC. The Government has complied with the value of the intelligence collected The FISC has been actively involved in the substantial reporting requirements imposed review of section 702 collection. Together, all by FISA to ensure effective congressional under the FAA and about the lengths of these mechanisms ensure thorough and oversight of these authorities. The Govern- that the intelligence community goes continuous oversight of section 702 activi- ment has informed the Intelligence and Judi- to protect the rights of U.S. citizens ties. ciary Committees of acquisitions authorized when collecting that intelligence.

VerDate Mar 15 2010 01:28 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.006 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8397 Given the congressional oversight of tion. The government must also dem- The Senator from Oregon [Mr. MERKLEY] this legislation, coupled with the built- onstrate to the court that it has spe- proposes an amendment numbered 3435. in protections and oversight from the cial procedures to weed out intentional Mr. MERKLEY. Mr. President, I ask executive branch, the value of the in- collection of communications of any- unanimous consent that further read- telligence gathered by this important one located inside the United States ing be dispensed with. legislation warrants reauthorization and to minimize the use of any inciden- The ACTING PRESIDENT pro tem- without the changes made by the tally collected information. pore. Without objection, it is so or- Leahy amendment. In addition, there is significant over- dered. The most important portion of the sight of the program to protect U.S. The amendment is as follows: FAA is Section 702. It authorizes, with citizens’ rights. The law requires that (Purpose: To require the Attorney General to approval of the Foreign Intelligence the Attorney General and director of disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court Surveillance Court, FISC, an 11-mem- National Intelligence conduct semi-an- that includes significant legal interpreta- ber panel of Article III judges ap- nual assessments of the surveillance tion of section 501 or 702 of the Foreign In- pointed by the Supreme Court, elec- activities. Furthermore, it authorizes telligence Surveillance Act of 1978 unless tronic surveillance of non-U.S. persons the inspector general of the Depart- such disclosure is not in the national secu- located overseas, but without the need ment of Justice to review the program rity interest of the United States) for individualized orders for every tar- at any time. Both houses of Congress At the appropriate place, insert the fol- get of the surveillance, as is required are provided the semi-annual reports lowing: for surveillance of anyone inside the and IG audits, as well as significant de- SEC. l. DISCLOSURE OF DECISIONS, ORDERS, AND OPINIONS OF THE FOREIGN IN- United States. The law specifically cisions of the FISC. These are on file TELLIGENCE SURVEILLANCE prohibits targeting U.S. persons, ac- with the Senate security office and any COURT. quiring wholly domestic communica- Senator and appropriately cleared staff (a) FINDINGS.—Congress finds the fol- tions, or targeting someone outside the can review them. lowing: U.S. with the intent to collect informa- This process works. Our oversight of (1) Secret law is inconsistent with demo- tion on a target inside the U.S. known the implementation of the statute has cratic governance. In order for the rule of as ‘‘reverse-targeting’’. found no evidence that it has been in- law to prevail, the requirements of the law must be publicly discoverable. It is possible that the communica- tentionally misused in order to eaves- (2) The United States Court of Appeals for tions of some U.S. citizens may be cap- drop on Americans. Senator FEINSTEIN, the Seventh Circuit stated in 1998 that the tured during the conduct of authorized chair of the Senate Select Committee ‘‘idea of secret laws is repugnant’’. surveillance. But that is only inciden- on Intelligence, and even Senator (3) The open publication of laws and direc- tally. The only way that a U.S. per- LEAHY, chairman of the Judiciary Com- tives is a defining characteristic of govern- son’s communication would be picked mittee, have stated that no such mis- ment of the United States. The first Con- up would be if that person were in com- conduct has been discovered. gress of the United States mandated that munication with a non-U.S. person For these reasons, we should reau- every ‘‘law, order, resolution, and vote thorize the statute without any [shall] be published in at least three of the overseas who had been targeted under public newspapers printed within the United the FAA. changes, as the House has done. The States’’. Some people think that a U.S. person only adjustment to the existing statute (4) The practice of withholding decisions of has a constitutional right not to have in the House bill is replacing the expi- the Foreign Intelligence Surveillance Court his communications with a foreign tar- ration date of December 31, 2012 with is at odds with the United States tradition of get eavesdropped by the U.S. govern- December 31, 2017, a 5-year period. That open publication of law. ment without a warrant. But that’s not is also what the administration sup- (5) The Foreign Intelligence Surveillance how the fourth amendment works. It ports and what the intelligence com- Court acknowledges that such Court has protects the rights of the person who is mittee passed this summer. A 5-year issued legally significant interpretations of the Foreign Intelligence Surveillance Act of being targeted, not anyone in contact period would allow the intelligence 1978 (50 U.S.C. 1801 et seq.) that are not ac- with him. For example, if the govern- community to continue utilizing these cessible to the public. ment legally taps the phone of a mafia valuable tools against potential terror- (6) The exercise of surveillance authorities godfather in the United States, it can ists or other intelligence targets with- under the Foreign Intelligence Surveillance listen to his conversation with anyone out interruption or delay. It will pro- Act of 1978 (50 U.S.C. 1801 et seq.), as inter- who calls him. It doesn’t need a court- vide the intelligence community with preted by secret court opinions, potentially issued warrant for the person calling, much needed certainty and stability in implicates the communications of United only for the godfather himself. He is a program that works to save Amer- States persons who are necessarily unaware of such surveillance. the one who has a reasonable expecta- ican lives. (7) Section 501 of the Foreign Intelligence tion of privacy in his telephone. The combination of the statutory Surveillance Act of 1978 (50 U.S.C. 1861), as In the same way, when the govern- limitations on collection, targeting amended by section 215 of the USA PATRIOT ment legally intercepts the commu- and minimization procedures, and ac- Act (Public Law 107–56; 115 Stat. 287), author- nications of a terrorist living overseas, quisition guidelines, court review of izes the Federal Bureau of Investigation to it can listen to his conversation with those procedures and guidelines, and require the production of ‘‘any tangible anyone who contacts him, even if the compliance oversight by the adminis- things’’ and the extent of such authority, as other party is in the United States. tration and Congress, ensure that the interpreted by secret court opinions, has What matters is whether the govern- been concealed from the knowledge and rights of U.S. persons are sufficiently awareness of the people of the United States. ment has the legal authority to inter- protected when their communications (8) In 2010, the Department of Justice and cept the communications of the ter- are incidentally collected in the course the Office of the Director of National Intel- rorist in the first place. That’s what of targeting non-U.S. persons located ligence established a process to review and the FAA provides. It is important to abroad. declassify opinions of the Foreign Intel- point out that no warrant is required I urge my colleagues to support the ligence Surveillance Court, but more than because the target is not a U.S. citizen House passed version of the FAA reau- two years later no declassifications have and is located overseas. So, the fourth thorization so we can ensure that there been made. (b) SENSE OF CONGRESS.—It is the sense of amendment doesn’t apply to him. is no interruption in one of our most Congress that each decision, order, or opin- Instead, under Section 702, the FISC vital national security tools. ion issued by the Foreign Intelligence Sur- approves annual certifications from The ACTING PRESIDENT pro tem- veillance Court or the Foreign Intelligence the attorney general and director of pore. The Senator from Oregon. Surveillance Court of Review that includes National Intelligence about collection AMENDMENT NO. 3435 significant construction or interpretation of of information on categories of foreign Mr. MERKLEY. Mr. President, I call section 501 or section 702 of the Foreign In- intelligence targets, what procedures telligence Surveillance Act of 1978 (50 U.S.C. up my amendment which is at the 1861 and 1881a) should be declassified in a the intelligence community will use to desk. manner consistent with the protection of na- accomplish this surveillance, how they The ACTING PRESIDENT pro tem- tional security, intelligence sources and will target subjects for surveillance, pore. The clerk will report. methods, and other properly classified and and how the IC will use the informa- The bill clerk read as follows: sensitive information.

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U.S.C. 1861) is amended by adding at the end eter. ‘‘(D) UNCLASSIFIED REPORT.—Notwith- One of the problems we have is that the following: standing subparagraphs (B) and (C), if the ‘‘(i) DISCLOSURE OF DECISIONS.— Attorney General makes a determination sometimes lawyers start looking for ‘‘(1) DECISION DEFINED.—In this subsection, that any decision may not be declassified loopholes, and we can address those the term ‘decision’ means any decision, under subparagraph (B) and an unclassified loopholes if they are discussed in a order, or opinion issued by the Foreign Intel- summary of such decision may not be made public setting, if we can get our hands ligence Surveillance Court or the Foreign In- available under subparagraph (C), the Attor- around them. But if they are loopholes telligence Surveillance Court of Review that ney General shall make available to the pub- created in secrecy, then indeed it is includes significant construction or interpre- lic an unclassified report on the status of the tation of this section. very hard to have a debate on the floor internal deliberations and process regarding of the Senate about whether those ‘‘(2) REQUIREMENT FOR DISCLOSURE.—Sub- the declassification by personnel of Execu- ject to paragraphs (3) and (4), the Attorney tive branch of such decisions. Such report loopholes or interpretations are right General shall declassify and make available shall include— or whether we should change the law in to the public— ‘‘(i) an estimate of the number of decisions order to address them. ‘‘(A) each decision that is required to be that will be declassified at the end of such Of course, our laws have had to be submitted to committees of Congress under deliberations; and updated and changed over time to section 601(c), not later than 45 days after ‘‘(ii) an estimate of the number of deci- adapt to new technology and changing such opinion is issued; and sions that, through a determination by the ‘‘(B) each decision issued prior to the date threats, and one of those developments Attorney General, shall remain classified to was the creation of the Foreign Intel- of the enactment of the llll Act that was protect the national security of the United required to be submitted to committees of States.’’. ligence Surveillance Act in the 1970s. Congress under section 601(c), not later than In 1972, the Supreme Court held the 180 days after such date of enactment. Mr. MERKLEY. Mr. President, I rise fourth amendment does not permit ‘‘(3) UNCLASSIFIED SUMMARIES.—Notwith- this morning to talk about the Foreign warrantless surveillance for intel- standing paragraph (2) and subject to para- Intelligence Surveillance Act and the ligence investigations within our coun- graph (4), if the Attorney General makes a concerns I and many of my colleagues determination that a decision may not be de- try. One may wonder how this even have. took a Supreme Court decision since classified and made available in a manner Earlier this morning, Senator that protects the national security of the the fourth amendment is so absolutely WYDEN, the senior Senator from Or- United States, including methods or sources clear on this point. related to national security, the Attorney egon, was discussing at length the im- In 1978, Congress enacted FISA—For- General shall release an unclassified sum- portance of the fourth amendment, the eign Intelligence Surveillance Act—to mary of such decision. importance of Americans knowing the regulate government surveillance with- ‘‘(4) UNCLASSIFIED REPORT.—Notwith- boundaries and the rules under which in our country that is conducted for standing paragraphs (2) and (3), if the Attor- our government collects intelligence foreign intelligence purposes. Under ney General makes a determination that any and to know their rights to privacy are decision may not be declassified under para- FISA, the government had to obtain an protected. order from a special court called the graph (2) and an unclassified summary of Under this Foreign Intelligence Sur- such decision may not be made available FISA Court in order to spy on Ameri- veillance Act, there are a variety of under paragraph (3), the Attorney General cans. This is certainly an appropriate ways in which that assurance is com- shall make available to the public an unclas- boundary to implement. The order re- promised, and Senator WYDEN did a sified report on the status of the internal de- quired the government to obtain a war- liberations and process regarding the declas- very good job of laying those out. I rant and show probable cause. These sification by personnel of Executive branch wish to emphasize that same message; are the same basic, commonsense pro- of such decisions. Such report shall include— that our country was founded on the tections we have had in place for other ‘‘(A) an estimate of the number of deci- principles of privacy and liberty, of sions that will be declassified at the end of types of searches. This development re- protection from an overreaching cen- such deliberations; and quired individualized and particular or- tral government. ‘‘(B) an estimate of the number of deci- ders from the FISA Court to collect During the founding, we set out and sions that, through a determination by the communications. said we are going to be a new kind of Attorney General, shall remain classified to But now let’s fast forward to 2001. protect the national security of the United nation; one that will not permit an President Bush decided in secret to au- States.’’. overbearing, intrusive government spy- thorize the National Security Agency (2) SECTION 702.—Section 702(l) of the For- ing on citizens or meddling in their pri- to start a new program of warrantless eign Intelligence Surveillance Act of 1978 (50 vate affairs. This belief was enshrined U.S.C. 1881a(l)) is amended by adding at the surveillance inside the United States. in our fourth amendment: end the following: This is in complete contravention of ‘‘(4) DISCLOSURE OF DECISIONS.— The right of the people to be secure in the fourth amendment and in complete ‘‘(A) DECISION DEFINED.—In this paragraph, their persons, houses, papers, and effects, against unreasonable searches and seizures, contravention of the law at that time. the term ‘decision’ means any decision, As I am sure many of my colleagues order, or opinion issued by the Foreign Intel- shall not be violated, and no Warrants shall ligence Surveillance Court or the Foreign In- issue, but upon probable cause, supported by will certainly recall, this was revealed telligence Surveillance Court of Review that Oath or affirmation, and particularly de- to the American people 4 years later includes significant construction or interpre- scribing the place to be searched, and the when it was reported in the New York tation of this section. persons or things to be seized. Times in 2005. In response, after years ‘‘(B) REQUIREMENT FOR DISCLOSURE.—Sub- I think that is an extraordinarily of back and forth contentious debate, ject to subparagraphs (C) and (D), the Attor- complete description saying that the Congress passed the FISA Amendments ney General shall declassify and make avail- government is bound—bound—by hav- Act—the bill we are considering on this able to the public— ing to demonstrate before a court prob- floor today. We are considering a reau- ‘‘(i) each decision that is required to be submitted to committees of Congress under able cause a case that is put forward thorization. This law gave the govern- section 601(c), not later than 45 days after and backed up by oath or affirmation, ment new surveillance authority but such opinion is issued; and a case that is put forward with great also included a sunset provision to en- ‘‘(ii) each decision issued prior to the date detail about the places to be searched sure that Congress examines where the of the enactment of the llll Act that was and the persons or things to be seized. law is working and the way it was in- required to be submitted to committees of So the concept is laid out very clear- tended. Congress under section 601(c), not later than ly about what constitutes unreasonable The debate we are having right now 180 days after such date of enactment. searches and seizures. It is certainly on this floor is that reexamination. I ‘‘(C) UNCLASSIFIED SUMMARIES.—Notwith- not that the government can’t collect will note that I think it is unfortunate standing subparagraph (B) and subject to subparagraph (D), if the Attorney General information, just they have to show that we are doing this at the last sec- makes a determination that a decision may probable cause of a crime in order to ond. We have known that this intel- not be declassified and made available in a create that boundary that says the in- ligence law is going to expire for years. manner that protects the national security formation we have in our daily lives. I It was laid out for a multiyear span.

VerDate Mar 15 2010 01:28 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.002 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8399 Certainly, it is irresponsible for this else of what we should know about this understood that Americans in a democ- Chamber to be debating this bill under law remains secret. In fact, we have ex- racy deserve to know what the words a falsely created pressure that it needs tremely few details about how the are being interpreted to mean. We have to be done without any amendments in courts have interpreted the statutes the Assistant Attorney General for Na- order to match the bill from the House. that have been declassified and re- tional Security during her hearings ex- That is a way of suppressing debate on leased to the public. This goes to the press that she supports significant in- critical issues here in America. issue of secret law my colleague from structions or interpretations being If you care about the fourth amend- Oregon was discussing earlier. If you made available to the public. But here ment, if you care about privacy, you have a phrase in the law and it has we are 2 years later since the 2010 ex- should be arguing that we should ei- been interpreted by a secret court and pressions and a year from the con- ther create a very short-term extension the interpretation is secret, then you firmation hearings for Lisa, and noth- in order to have this debate fully or really do not know what the law ing has been declassified—nothing. that we should have had this debate means. The amendment I am offering today months ago so it could have been done The FISA Court is a judicial body es- sets out a three-step process for send- in a full and responsible manner, with tablished by Congress to consider re- ing the message it is important Ameri- no pressure to vote against amend- quests for surveillance made under the cans know the interpretations of these ments in order to falsely address the FISA Amendments Act, but, almost laws. It does so in a fashion that is issue of partnering with the House bill. without exception, its decisions, in- carefully crafted to make sure there is This law included that sunset provi- cluding significant legal interpreta- no conflict with national security. sion. Now here we are looking at the tions of the statute, remain highly First you call upon the Attorney extension. It is a single-day debate, classified. They remain secret. General to declassify the FISA report crowded here into the holidays when I am going to put up this chart just in court of review opinions that include few Americans will be paying atten- to emphasize that this is a big deal. significant legal interpretations. If the tion. But I think it is important, none- Here in America, if the law makes a Attorney General makes a decision, theless, for those of us who are con- reference to what the boundary is, we however, that it cannot be declas- cerned about the boundaries of privacy should understand how the court inter- sified—those decisions—in a way that and believe the law could be strength- prets that boundary so it can be de- does not jeopardize national security, ened to make our case here in hopes bated. If the court reaches an interpre- then the amendment requires the ad- that at some point we will be able to tation with which Congress is uncom- ministration to declassify summaries have the real consideration these fortable, we should be able to change of their opinions. issues merit. that, but of course we cannot change So at the first point, you have the of- In my opinion, there are serious re- it, not knowing what the interpreta- ficial written court opinions. But pos- forms that need to be made before we tion is because the interpretation is se- sibly woven into those court opinions consider renewing this law. This law is cret. So we are certainly constrained are a variety of contexts about ways supposed to be about giving our gov- from having the type of debate that and manner of gathering intelligence ernment the tools it needs to collect our Nation was founded on—an open that pose national security problems. the communications of foreigners, out- discussion of issues. side of our country. If it is possible These are issues that can be ad- This amendment says: OK, if that is that our intelligence agencies are using dressed without in any way compro- the case, we certainly do not want to the law to collect and use the commu- mising the national security of the disclose sensitive information about nications of Americans without a war- United States. Understanding how cer- ways and means of collecting intel- rant, that is a problem. Of course, we tain words are interpreted tells us ligence, so declassify summaries. That cannot reach conclusions about that in where the line is drawn. But that line, way, we can understand the legal inter- this forum because this is an unclassi- wherever it is drawn, is, in fact, rel- pretation without adjoining informa- fied discussion. evant to whether the intent of Con- tion that might represent a national security problem. My colleagues Senator WYDEN and gress is being fulfilled and whether the Senator UDALL, who serve on Intel- protection of citizens under the fourth This amendment goes further. If the ligence, have discussed the loophole in amendment is indeed standing strong. Attorney General decides that not even the current law that allows the poten- An open and democratic society such a summary can be declassified without tial of backdoor searches. This could as ours should not be governed by se- compromising national security, then allow the government to effectively cret laws, and judicial interpretations the amendment requires the adminis- use warrantless searches for law-abid- are as much a part of the law as the tration to report to Congress regarding ing Americans. Senator WYDEN has an words that make up our statute. The the status of its process for declas- amendment that relates to closing that opinions of the FISA Court are control- sifying these opinions—a process the loophole. ling. They do matter. When a law is administration has already said it is Congress never intended the intel- kept secret, public debate, legislative undertaking. It just says: Tell us where ligence community to have a huge intent, and finding the right balance you are. database to sift through without first between security and privacy all suffer. It is probably very clear from my dis- getting a regular probable cause war- In 2010, due to concerns that were cussion that I would prefer that the rant, but because we do not have the raised by a number of Senators about opinions, the actual court opinions, be details of exactly how this proceeds the problem of classified FISA Court declassified and that perhaps, if they and we cannot debate in a public forum opinions, the Department of Justice are sensitive, the national security in- those details, then we are stuck with and the Office of the Director of Na- formation would be redacted. That is wrestling with the fact that we need to tional Intelligence said they would es- the normal process in which documents have the sorts of protections and ef- tablish a process to declassify opinions are declassified—you black out or re- forts to close loopholes that Senator of the FISA Court that contained im- move sections that are sensitive. But WYDEN has put forward. portant rulings of law. In 2011, prior to the amendment I am presenting goes What we do know is that this past her confirmation hearing, Lisa further on the side of protecting na- summer, the Director of National In- Monaco, who is our Assistant Attorney tional security, saying: You don’t have telligence said in a public forum that General for National Security, ex- to just redact court opinions, you can on at least one occasion the FISA pressed support for declassifying FISA do a summary that addresses signifi- Court has ruled that a data collection opinions that include ‘‘significant in- cant legal implications without ad- carried out by the government did vio- structions or interpretations of FISA.’’ dressing the ways and means that late the fourth amendment. We also So here we have the situation where might be embedded in a further court know that the FISA Court has ruled the Department of Justice and the Of- decision. Furthermore, Mr. Attorney that the Federal Government has cir- fice of the Director of National Intel- General, if you make a decision that cumvented the spirit of the law as well ligence said they would establish a not even that is possible, then update as the letter of the law. But too much process of declassifying opinions. They us on the process.

VerDate Mar 15 2010 01:28 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.020 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8400 CONGRESSIONAL RECORD — SENATE December 27, 2012 But the key point is that it requires Let me show an example of a passage. spond to a couple points. I also wish to the Attorney General to make a deci- Here is a passage about what informa- commend my colleague Senator sion, a clear decision over the national tion can be collected: ‘‘ . . . reasonable MERKLEY from Oregon for his excellent security balance and provide what can grounds to believe that the tangible statement. He has been doing yeoman’s be done within the context, within the things sought are relevant to an au- work in terms of trying to promote ac- framework of not compromising our thorized investigation (other than a countability and transparency on this national security. threat assessment) conducted in ac- issue and the work he has done in the This is so straightforward that any- cordance with subsection (a)(2),’’ and Senate. I am going to correct a couple one bringing the argument to this floor so on. of misconceptions about what has been that we should not do it because it Let me stress these words: ‘‘relevant said and also talk on behalf of the good compromises national security really to an authorized investigation.’’ work Senator MERKLEY is doing. has no case to make—absolutely no There are ongoing investigations, With respect to this amendment I case to make. multitude investigations about the will be offering, I believe the Senate The ACTING PRESIDENT pro tem- conduct of individuals and groups cannot say we passed the smell test pore. The time of the Senator, under around this planet, and one could make with respect to doing vigorous over- the order, has expired. the argument that any information in sight if we don’t have some sense of Mr. MERKLEY. My understanding is the world helps frame an under- how many Americans in our country that 30 minutes was allocated? standing of what these foreign groups who are communicating with each The ACTING PRESIDENT pro tem- are doing. So certainly there has been other are being swept up under this pore. Thirty minutes equally divided. some FISA Court decision about what legislation. For purposes of the FISA Mr. WYDEN. Mr. President, par- ‘‘relevant to an authorized investiga- Amendments Act, I think we ought to liamentary inquiry: Can I yield to Sen- tion’’ means or what ‘‘tangible things’’ know, generally, how many Americans are being swept up under the legisla- ator MERKLEY time from general de- means. Is this a gateway that is thrown bate in order to let him complete his wide open to any level of spying on tion. Oversight essentially would be remarks? Americans or is it not? Is it tightly toothless without this kind of informa- The ACTING PRESIDENT pro tem- constrained in understanding what this tion. I wish to correct one misconception pore. With the unanimous consent of balance of the fourth amendment is? with respect to where we are on the the Senate. We do not know the answer to that. We language in the reporting amendment. Mr. WYDEN. I ask unanimous con- should be able to know. The distinguished chair of the com- sent. If we believe that an administration mittee urged Senators to visit the of- The ACTING PRESIDENT pro tem- and the secret court have gone in a di- fices of the Senate Select Committee pore. Without objection, it is so or- rection incompatible with our under- on Intelligence to see the documents dered. standing of what we were seeking to the chair has stated relate to intel- Mrs. FEINSTEIN. Well, wait a defend, then that would enable us to ligence officials who say it is impos- minute. have that debate here about whether sible for them to estimate the number The ACTING PRESIDENT pro tem- we tighten the language of the law in of law-abiding Americans who have had pore. Is there objection? accordance with such an interpreta- their communications swept up under Mrs. FEINSTEIN. I object, if it is tion. Again, is this an open gateway to the legislation. However, the fact is time on our side that will be used. any information anywhere in the that when colleagues read the amend- Mr. MERKLEY. Mr. President, if world, anytime, on anyone or is it a ment I will be offering, they will see I there is no one else waiting to speak, I very narrow gate? We do not know. am not requiring anyone to take on a ask unanimous consent to speak as in American citizens should have the abil- new task of preparing an estimate of morning business and will yield when ity to know, and certainly a Senator how many law-abiding Americans have someone is ready, prepared to speak to working to protect the fourth amend- been swept up in it. This is simply a re- the bill. ment should know that as well. We quest to the intelligence community, The ACTING PRESIDENT pro tem- have always struck a balance in this which states that if any estimate has pore. Is there objection? country between an overbearing gov- already been done, that estimate ought The Senator from California. ernment and the important pathway to to be provided. Mrs. FEINSTEIN. Mr. President, let obtaining information relevant to our When the distinguished chair of the me do something I do sometimes—cor- national security. committee says Senators should go rect myself. If the Senator is offering The amendment I am laying forth over to the committee’s offices and to use the time on his side, that is fine strikes that balance appropriately. It look at the documents which state that with me. As long as it is not using the urges the process to continue by pro- the intelligence community cannot do time for the bill on our side. viding an understanding of what the se- a new estimate, I want Senators to Mr. WYDEN. Mr. President, I think cret court interpretations are, which is know the language of my amendment this is acceptable, yes. very important to democracy. It pro- does not ask for a new estimate. In no Mrs. FEINSTEIN. I thank the Sen- vides the appropriate balance with na- way does it ask for a new estimate. It ator. tional security, gives clear decision- simply says: If an estimate has been Mr. MERKLEY. Mr. President, I making authority to the Attorney Gen- done, that estimate ought to be fur- thank my colleagues for setting out eral of this process, and in that sense it nished. If no estimate has been done, the parameters. I am going to wrap gives the best possible path that hon- the answer to that is simply no. We this up in fairly short order. ors national security concerns while will be very clear about it, and the I again wish to emphasize that if any demanding transparency and account- matter will have been clarified. If no of my colleagues would like to come ability for this issue of privacy and estimate has been done, then fine; the down and argue that this in any way protection of the fourth amendment. answer is no. compromises national security, I will The ACTING PRESIDENT pro tem- As I indicated earlier, the amend- be happy to have that debate because pore. The Senator from Oregon. ment also requires the intelligence this has been laid out very clearly so Mr. WYDEN. For purpose of general community to state whether any whol- the Attorney General has complete debate, how much time remains on our ly domestic communications have been control over any possible compromise side and how much time remains under collected. That again can be answered of information related to national se- the control of the distinguished chair with a yes or no. Finally, it requires a curity. Indeed, although I think it is of the committee? response as to whether the National important for this body to continue to The ACTING PRESIDENT pro tem- Security Agency has collected personal express that the spirit of what we do in pore. The opponents have 140 minutes information on millions of Americans, this Nation should be about citizens to remaining; the proponents have 183 and that too is a very straightforward the maximum extent possible having minutes remaining. answer. full and clear understanding of how the Mr. WYDEN. I thank the Chair. I will I think when we talk about this kind letter of the law is being interpreted. speak out of our time in order to re- of information, we ought to come back

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What it would simply do is to wholly domestic communications ists, that estimate ought to be pro- provide us with what I think are the have been swept up under this law—in vided to the Congress. basics that this Senate needs to be able my view that information ought to be Let me also make some brief re- to say it is doing real oversight over a available to this body in documents marks on this issue of secret law that very broad area of surveillance law. Members can actually access. Frankly, touches on the point raised by my col- I hope Senators will ask themselves it ought to be available in a single doc- league from Oregon Senator MERKLEY, as we look at this: Do we in the Senate ument which Members can access. who I think has given a very good pres- know whether anyone has ever esti- In connection with the discussion entation on the floor and has a very mated how many U.S. phone calls and about these issues, we will also hear good amendment. When the laws are e-mails have been warrantless col- the answers to these questions should interpreted in secret, the results fre- lected under the statute? Does the Sen- not be made public. The amendment I quently fail to stand up to public scru- ate know whether any wholly domestic am going to be offering with respect to tiny. We have talked about this on the phone calls or e-mails have been col- getting a rough set of estimates as to floor and in the committee and it isn’t lected under this statute? Does the how many Americans are being swept that surprising when we think about it. Senate know whether the government up under these authorities—and wheth- The law-making process in our country has ever conducted any warrantless, er an estimate actually even exists— is often cumbersome, it is often frus- backdoor searches for Americans’ com- gives the President full authority to trating, and it is often contentious. munication? If not, this is the Senate’s redact whatever information he wishes But over the long run I think we know chance to answer that question. from the public version of the report. this process is the envy of the world be- When our constituents come forward Under the amendment I am pursuing, cause it gives us a chance to have a and ask us whether the government is real debate, generate support of most the executive branch would have full protecting our privacy rights as we Americans because then people see, discretion to decide whether it is ap- protect our security, the question is: when they have had a chance to be a propriate to make any of this informa- How does the Senator look their con- part of a discussion, that they are em- tion public. stituents in the eye and tell them they powered in our system of government. As we ensure more transparency and don’t know and are not in a position to On the other hand, when laws are se- more accountability with respect to get information that is essential to cretly interpreted behind closed doors this information and access to it, no pass the smell test when it comes to by a small number of government offi- sources or methods which have to be this body doing basic oversight over cials without public scrutiny or debate, protected—including important work what is certainly a broad and, for many we are much more likely to end up Americans, rather controversial sur- the intelligence committee is doing— with interpretations of the law that go veillance law. will be compromised in any way. The well beyond the boundaries of what the I assume—because we have already last word on this subject is the call of public accepts or supports. So let’s be heard some characterizations of my the President of the United States, who clear that when we are talking about amendment, which are simply and fac- has the full discretion to decide wheth- public scrutiny and having debates, tually incorrect—that we will have er it is appropriate to make any of this that is what allows the American peo- other responses to the reporting information public. ple to see that those of us who are hon- amendment in terms of objections. I Finally, we are undoubtedly going to ored to serve them are following their have already stated my first concern: hear that the law is about to expire will. The intelligence community stating and amendments will slow it down. Sometimes it is entirely legitimate that they cannot estimate how many First of all, I think many of us would for government agencies to keep cer- Americans’ communications are col- rather have had this debate earlier in tain information secret. In a demo- lected under key section 702 of FISA. this session of the Senate, and had cratic society, of course, citizens right- Again, my response is that when Sen- there been more dialog on many of ly expect their government will not ar- ators look at the text of the amend- these issues, that would have been pos- bitrarily keep information from them, ment, it does not require anybody to do sible. We are where we are, and I think and throughout our history our people an estimate. It simply says that if esti- all of us understand that. We under- have guarded their right to know. But mates do exist, they ought to be pro- stand this is a huge challenge. The fis- I think we also know our constituents vided to the Congress. When it comes cal cliff is vital in terms of our work acknowledge certain limited excep- to our oversight responsibilities, I do this week, but I continue to believe the tions exist in this principle of open- not think that request is excessive or other body is perfectly capable of pass- ness. For example, most Americans ac- unreasonable. ing this legislation before the end of knowledge that tax collectors need to Second, I think we will hear the the year. have access to some financial informa- House and Senate Intelligence Com- The amendments that are being of- tion, but the government does not have mittees already do oversight of FISA. fered all go to the issue of trans- the right to share this information Every Member of the Congress has to parency and accountability. Not one of openly. So we strike the appropriate vote on whether to renew the FISA those amendments would jeopardize balance on a whole host of these issues Amendments Act. Frankly, I think the ongoing issues and operations on a regular basis. every Member of this body ought to be which relate to the sources and meth- Another limited exception exists for able to get a basic understanding of ods of the intelligence community. The the protection of national security. how the law actually works, and that is Congress can make amendments to im- The U.S. Government has the inherent not available today. prove oversight and still keep this law responsibility to protect its citizens Next, we will hear that the intel- from expiring. from threats, and it can do this most ligence community has already pro- With respect to the reporting amend- effectively if it is sometimes allowed to vided the Congress with lots of infor- ment, I hope the argument made by the operate in secrecy. I don’t expect our mation about the FISA Amendments distinguished chair of the committee generals to publicly discuss the details Act. As the Presiding Officer knows that the intelligence community has of every troop movement in Afghani- from his service on the committee, said they cannot estimate how many stan any more than Americans ex- much of that information is in highly Americans’ communications have been pected George Washington to publish classified documents that are difficult collected under section 702—that Sen- his strategy for the Battle of York- for most Members to review. The re- ators go to the offices of the Intel- town. By the same token, American ality is most Members literally have no ligence Committee. When colleagues citizens recognize their government staff who have the requisite security look at the text of the amendment, the may sometimes rely on secret intel- clearance in order to read them. amendment does something different ligence collection methods in order to

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.022 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8402 CONGRESSIONAL RECORD — SENATE December 27, 2012 ensure national security, ensure public lic and government officials must not the KGB so Soviet agents wouldn’t safety, and they recognize these meth- be allowed to fall into the trap of se- know whether the FBI was allowed to ods often are more effective when the cretly reinterpreting the law in a way track them down. But American laws details—what are the operations and that creates a gap between what the and the American Constitution methods as we characterize them under public thinks the law says and what shouldn’t be public only when govern- intelligence principles—remain secret. the government is secretly claiming ment officials think it is convenient. But while Americans recognize govern- the law says. Any time that is being They ought to be public all the time. ment agencies will sometimes rely on done, it first violates the public trust, Americans ought to be able to find out secret sources and methods to collect and, second, I have long felt that allow- what their government thinks those intelligence information, Americans ing this kind of gap—a gap between the laws mean, and I think it is possible to expect these agencies will at all times government’s secret interpretation of do that while still ensuring that sen- operate within the boundaries of pub- the law and what the public thinks the sitive information—information about licly understood law. law is—undermines the confidence our sources and methods and the oper- I have had the honor to serve on the people are going to have in govern- ations of the intelligence community— Intelligence Committee now for over a ment. Also, by the way, it is pretty is appropriately kept secret. decade. I don’t take a backseat to any- shortsighted because history shows the My own view is the executive branch one when it comes to the importance of secret interpretations of the law are in the United States has so far failed to protecting genuine, sensitive details not likely to stay secret forever, and live up to their promises of greater about the work being done in the intel- when the public eventually finds out transparency in this area, greater com- ligence community, particularly their government agencies are rewriting mitment to ensuring the public sees sources and methods. However, the law these surveillance laws in secret, the how our laws are being interpreted. As itself should never be secret. The law result is invariably a backlash and an long as there is a gap between the way itself should never be secret because erosion of confidence in these impor- the government interprets these laws voters have a right to know what the tant government intelligence agencies and what the public sees when people law says and what their government and the important work, as I noted this are sitting at home and looking it up thinks the text of the law means so morning, our intelligence officials are on their laptops, I am going to do ev- they can make a judgment about doing. erything I can to reduce that gap and whether the law has been appropriately So this is a big problem. Our intel- to ensure our citizens, consistent with written, and they can then ratify or re- ligence and national security agencies our national security, have additional ject the decisions elected officials are staffed by exceptionally hard-work- information with respect to how our make on their behalf. ing and talented men and women, and laws are interpreted. We can do that When it comes to most government the work they do is extraordinarily im- while at the same time protecting the functions, the public can directly ob- portant. If the public loses confidence critical work being done by officials in serve the functions of government and in these agencies, it doesn’t just under- the intelligence community. the typical citizen can decide for him- cut morale, it makes it harder for With that, I am happy to yield to the self or herself whether they support or these agencies to do their jobs. If we distinguished chairwoman. agree with the things their government ask the head of any intelligence agen- The ACTING PRESIDENT pro tem- is doing. American citizens can visit cy, particularly an agency that is in- pore. The Senator from California. our national forests—we take par- volved in domestic surveillance in any Mrs. FEINSTEIN. Mr. President, I ticular pride in them in our part of the way, he or she will tell us that public wish to take a moment to clarify this country—and decide for themselves trust is a vital commodity and vol- question of secret law. This code book whether the forests are being appro- untary cooperation from law-abiding I am holding is the law. It is not secret. priately managed. When our citizens Americans is critical to the effective- This is all of the code provisions which drive on the interstate, they can decide ness of their agencies. If members of guarantees the legality of what the in- for themselves whether those highways the public lose confidence in these gov- telligence community does. There is a have been properly laid out and ade- ernment agencies because they think whole section on congressional over- quately maintained. If they see an indi- government officials are rewriting sur- sight. There is a whole section on addi- vidual is being punished, they can veillance laws in secret, those agencies tional procedures regarding persons in- make judgments for themselves wheth- are going to be less effective. I don’t side the United States and persons out- er that sentence is too harsh or too le- want to see that happen. On my watch, side the United States. This, in fact, is nient, but they generally can’t decide I don’t want to be a part of anything the law. We can change the law, and for themselves whether intelligence that makes our intelligence agencies Senator WYDEN had something to do agencies are operating within the law. less effective. with adding section 704. He did, in fact, That is why, as the U.S. intelligence Officials at these government agen- change the law to put additional pri- community evolved over the past sev- cies do not get up in the morning to do vacy protections in and those privacy eral decades, the Congress has set up a their work with malicious intent. They protections are up for reauthorization number of watchdog and oversight work very hard to protect intelligence in this bill before us. mechanisms to ensure intelligence sources and methods for good reasons. I wish to address, if I could, what agencies follow the law rather than Sometimes what happens is people lose Senator MERKLEY said in his com- violate it. That is why both the House sight of the difference between pro- ments. I listened carefully. What he is and the Senate have Select Intel- tecting sources and methods, which saying is opinions of the Foreign Intel- ligence Committees. It is also why the ought to be kept secret, and the law ligence Surveillance Court should, in Congress created the Foreign Intel- itself, which should not be kept secret. some way, shape or form, be made pub- ligence Surveillance Court, and it is Sometimes they even go so far as to lic, just as opinions of the Supreme why the Congress created a number of argue that keeping the interpretation Court or any court are made available statutory inspectors general to act as of the law secret is actually necessary to the public. To a great extent, I find independent watchdogs inside the in- because it prevents our Nation’s adver- myself in agreement with that. They telligence agencies themselves. All saries from figuring out what our intel- should be. Why can’t they be? Because these oversight entities—one of which I ligence agencies are allowed to do. My the law and the particular factual cir- am proud to serve on, the Senate Se- own view is this is ‘‘Alice in Wonder- cumstances are mixed together in the lect Committee on Intelligence—all of land’’ logic, but if the U.S. Government opinion, so the particular facts and cir- them were created, at least in part, to were to actually adopt it, then all our cumstances are possibly classified. ensure intelligence agencies carry out surveillance laws would be kept secret Hopefully the opinion can either be all their activities within the bound- because that would, I guess one could written in a certain way for public re- aries of publicly understood law. argue, be even more useful. When Con- lease or the Attorney General can be But I come back to my reason for gress passed the Foreign Intelligence required to prepare a summary of what bringing up this issue this afternoon. Surveillance Act in 1978, it would have that opinion said for release to the The law itself always ought to be pub- been useful to keep the law secret from public.

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.024 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8403 There is one part of Senator now dealt with the issue in a fashion so If we can adopt the Senator’s amend- MERKLEY’s amendment which I think as to protect the first amendment and ment and then move on to the intel- we can work together on regarding the the public’s right to know, and I appre- ligence authorization bill, that will be FISA Court opinions, and that is on ciate the chair working with this Sen- a very constructive way to proceed, page 5, lines 3 to 11, where the amend- ator on it. very much in the public interest. The ment says: I think we have a good intelligence Senator is obviously making headway. . . . if the Attorney General makes a deter- authorization bill now for this year. I Mr. MERKLEY. Mr. President, if I mination that a decision may not be declas- think the chair’s suggestion that we could interject for a moment. sified and made available in a manner that look at dealing with this issue of secret Mr. WYDEN. Yes, of course. protects the national security of the United law—in addition, I hope, to adopting The ACTING PRESIDENT pro tem- States, including methods or sources related the Merkley amendment—that we deal pore. The Senator from Oregon. to national security, the Attorney General with it in the next intelligence author- Mr. MERKLEY. I thank my colleague shall release an unclassified summary of ization bill is constructive. I do want from Oregon for spearheading this such decision. to respond to one point on the merits whole conversation about privacy and I have talked to Senator MERKLEY with respect to comments made by the national security and how the two are about this, and I have offered my help distinguished chair on this issue. not at war with each other. We are in working to establish this. The prob- The distinguished chair of the com- simply looking for appropriate warrant lem is, we have 4 days, and this par- mittee essentially said the law is pub- processes, an assurance to the public ticular part of the law expires, the lic because the text of the statute is that the boundaries of privacy are FISA Amendments Act. I have offered public. That is true. That is not in dis- being respected. Certainly, a piece of to Senator MERKLEY to write a letter pute. It is true that the text of the law that is the secret law. I appreciate the requesting declassification of more is public. But the secret interpreta- comments of the chair of the Intel- FISA Court opinions. If the letter does tions of that law and the fourth amend- ligence Committee on this issue. I do not work, we will do another intel- ment from the FISA Court are not pub- feel that in a democracy, under- ligence authorization bill next year, lic. The administration pledged 3 years standing how a statute is interpreted is and we can discuss what can be added ago to do something about that. They essential to the conduct of our respon- to that bill on this issue. pledged it in writing in various kinds sibility in forging laws and ensuring that the constitutional vision is pro- I am concerned that what is hap- of communications, and that still has tected. pening is the term ‘‘secret law’’ is not been done. That is why this is an being confused with what the Foreign Mr. WYDEN. I thank my colleague. important issue with respect to trans- He is making an important point. I Intelligence Surveillance Court issues parency and accountability. have sat next to Senator FEINSTEIN in in the form of classified opinions based The distinguished chair of the com- the Intelligence Committee now for 12 on classified intelligence programs. As mittee is absolutely correct that the years, and I think all of us—and we I have made clear, the law is public and law is public. The text of the law is have had chairs on both sides of the when possible, the opinions of the For- public. Nobody disputes that. But the eign Intelligence Surveillance Court aisle—understand how important the secret interpretations of the law and work of the intelligence community is. should be made available to the public the fourth amendment—the interpreta- in declassified form. It can be done, and This is what prevents so many threats tions of the FISA Court are not public, to our country from actually becoming I think it should be done more often. and we have received pledges now for If the opinion cannot be made public, realities—tragic realities. years that this would change. What my friend and colleague from hopefully a summary of the opinion I remember—perhaps before the dis- Oregon has hammered home this after- can. And I have agreed with Senator tinguished chair of the committee was noon is that if a law is secret and there MERKLEY to work together on this in the Chamber—talking about how is a big gap between the secret inter- issue. Senator ROCKEFELLER and I got a letter pretation of a law and what the public I ask unanimous consent that all indicating that this was going to be thinks the law means—my friend and I quorum calls during debate on the changed and that we were very hopeful represent people who, for example, FISA bill be equally divided between we were going to again get more infor- could be using their laptop at home in the proponents and opponents. mation with respect to legal interpre- Coos Bay. If they look up a law and The ACTING PRESIDENT pro tem- tations, matters that ought to be pub- they see what the public interpretation pore. Without objection, it is so or- lic that do not threaten sources and is and they later find out that the pub- dered. methods and operations. We still have lic interpretation is real different than The Senator from Oregon. not gotten that. That is the reason why what the government secretly says it Mr. WYDEN. Mr. President, just to Senator MERKLEY’s work is so impor- is, when people learn that, they are respond to the points made by the dis- tant. going to be very unhappy. tinguished chair of the committee— I see my friend and colleague. I say I see my colleague would like some and, by the way, I think the chair’s ref- to Senator MERKLEY, the distinguished additional time to address this issue. I erence to being willing in the next in- chair of the committee has made the am happy to yield to him. telligence authorization bill to work point—I think while the Senator had to Mr. MERKLEY. I thank Senator with those of us—and Senator be out of the Chamber—that the law is WYDEN. MERKLEY has made good points this public because the text of it is public. The Senator mentioned an Oregonian afternoon to try to include language in But what the Senator has so elo- sitting in Coos Bay working on his or the next intelligence authorization bill quently described as being our concern her laptop and calling the Senator’s of- to deal with secret law—I think that is that the opinions of the FISA fice and saying: Hey, the law says the would be very constructive. I appre- Court—their opinions and views about government can collect tangible mate- ciate the chair making that sugges- the fourth amendment—are what has rial related to an investigation. Does tion. been secret, and the administration has that mean they can collect all of my Colleagues may know that under the said for years now they would do some- Web conversations—knowing that the leadership of the chair of the com- thing about it. Web circuits travel around the world mittee and the distinguished Senator So the Senator’s amendment seeks to multiple times and at some point they from Georgia, the vice chair of the give this the strongest possible push. I travel through a foreign space. They committee, Mr. CHAMBLISS, we were think that is why the Senator’s amend- ask this question in all sincerity be- able, late last week, to work out the ment is so important. The Senator is cause they care about the fourth disagreements with respect to the in- obviously making a lot of headway be- amendment and their privacy. telligence authorization bill this year. cause the distinguished chair of the How much ability do we have to give I wish to thank the chair for those ef- committee has also said this issue of them a definitive answer on that? forts. I think we have a good bill. I secret law is something that can be ad- Mr. WYDEN. Absent the information think all of us are against leaks. That dressed as well in the intelligence au- we are seeking to get under the amend- is what was at issue. I think we have thorization bill. ment I am going to offer, I do not

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.029 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8404 CONGRESSIONAL RECORD — SENATE December 27, 2012 think it is possible for a Senator to re- protections are not as strong as we sire to have responses to those ques- spond to the question. have been led to believe. He may have tions on the public record, there would The issue for an individual Senator misspoken and may have just been mis- not be a public response forthcoming. would be: Do you know whether anyone taken, but I am not sure the record So to go over the exchange again, the has ever estimated how many U.S. would be correct even now had not Sen- Director of National Security Agency phone calls and e-mails have been ator UDALL and I tried to make an ef- states that ‘‘ . . . the story that we warrantlessly collected under the stat- fort to follow it up. have millions or hundreds of millions ute? Do you know whether any wholly I can tell the Senator that at this of dossiers on people is absolutely domestic phone calls and e-mails have very large technology conference—this false.’’ Senator UDALL and I then been collected under this statute, was not something that was classi- asked: Does the NSA collect any type which I believe is the exact question fied—at a very large technology con- of data at all on millions or hundreds my colleague from Oregon has asked. ference recently in Nevada, what the of millions of Americans? The Agency I do not believe a Member of the Sen- head of the National Security Agency is unwilling to answer the question. ate can answer that question. Being said was taking place with respect to So that is what this debate is all unable to answer that question means protecting people, in response to my about, is reforming the FISA Amend- that oversight, which is so often colleague’s questions: Were their e- ments Act and, in particular, getting trumpeted on both sides of the aisle, is mails and phone calls protected, the enough information so that it is pos- toothless when it comes to the spe- general said to a big group: They are, sible for the Senate to say to our con- cifics. unless a crime has been committed. stituents: We are doing oversight over I hope that responds to my col- The real answer is that is not correct. this program. league’s question. Mr. MERKLEY. I thank my colleague I think right now, based on what we Mr. MERKLEY. Absolutely. I think from Oregon for being so deeply in- have outlined over the last 3 or more about other questions our constituents vested in the details of this over many hours, it is clear that on so many of might ask. They might ask if our spy years, utilizing a fierce advocacy in the central questions—the gap, for ex- agencies are collecting vast data from support of the fourth amendment and ample, between the secret interpreta- around the world and they become in- privacy to bring to these debates. I also tion of the law and the public interpre- terested in an American citizen, can thank the chair of the Intelligence tation of the law, our inability to find they search all that data without get- Committee for her comments earlier out whether Americans in their wholly ting a warrant—a warrant that is very today about secret laws and her own domestic communications have had specific to probable cause and an affir- concerns about that and her willing- their rights violated, how many law- mation. ness to help to work to have the ad- abiding Americans have had their e- Again, I suspect the answer we could ministration provide the type of infor- mails and phone calls swept up under give to the citizen would be that we mation that clarifies how these secret FISA authorities, responses to these cannot give a very precise evaluation opinions interpret statutes. My thanks questions that stem from public re- of that, not knowing how the concept go to the Senator from California, Mrs. marks made by intelligence officials at of information related to an investiga- FEINSTEIN. public conferences—the inability to get tion has been interpreted and laid out. The PRESIDING OFFICER (Mrs. answers to these questions means that Mr. WYDEN. My colleague is asking MCCASKILL.) The Senator from Oregon. this Senate cannot conduct the vig- a particularly important question be- Mr. WYDEN. I thank my friend. Just orous oversight that is our charge. cause the Director of the National Se- one last point with respect to this I expect we will have colleagues com- curity Agency, General Alexander, re- technology conference where so many ing in. With the weather, it is a special cently spoke at a large technology con- people walked away and thought their challenge to get here from our part of ference, and he said that with respect privacy was being protected by strong the country. to communications from a good guy, legal protections. General Alexander I have a parliamentary inquiry. The which we obviously interpret as a law- made additional confusing remarks distinguished chair of the committee abiding American, and someone over- that were in response to that same already, I believe, got unanimous con- seas, the NSA has ‘‘requirements from question with respect to the protec- sent that the time in quorum calls be the FISA Court and the Attorney Gen- tions of law-abiding people. allocated to both sides. That was my eral to minimize that’’—to find proce- General Alexander said, ‘‘ . . . the understanding. Is that correct? dures to protect the individual, the story that we [the NSA] have millions The PRESIDING OFFICER. That is law-abiding American’s rights, essen- or hundreds of millions of dossiers on correct. Mrs. FEINSTEIN. I suggest the ab- tially meaning, in the words of General people is absolutely false.’’ Now, I have indicated this morning sence of a quorum. Alexander, ‘‘nobody else can see it un- The PRESIDING OFFICER. The as well, having served on the Intel- less there’s a crime that’s been com- clerk will call the roll. mitted.’’ ligence Committee for a long time, I do The assistant legislative clerk pro- If people hear that answer to my col- not have the faintest idea of what any- ceeded to call the roll. league’s question—which, frankly, Gen- body is talking about with respect to a Mr. COONS. Madam President, I ask eral Alexander responded to directly— dossier. So Senator UDALL and I fol- unanimous consent that the order for they pretty much say that is what they lowed that up as well. We asked the Di- the quorum call be rescinded. were hoping to hear; that nobody is rector to clarify that statement. We The PRESIDING OFFICER. Without going to get access to their commu- asked, ‘‘Does the NSA collect any type objection, it is so ordered. nications unless a crime has been com- of data at all on millions or hundreds Mr. COONS. Madam President, I ask mitted. of millions of Americans?’’ So that, unanimous consent to speak in general The only problem, I would say to my too, is a pretty straightforward ques- debate as to H.R. 5949 and that my time friend, is Senator UDALL and I have tion. in so speaking be charged against Sen- found out that is not true. It is simply The question Senators have been ask- ator WYDEN. not true. The privacy protections pro- ing about this are not very com- The PRESIDING OFFICER. Without vided by this minimization approach plicated. If you are asking whether the objection, it is so ordered. are not as strong as General Alexander National Security Agency is addressing Mr. COONS. Madam President, in made them out to be. Senator UDALL these privacy issues, I think it is one of this dangerous world, we have an obli- and I wrote to General Alexander, and the most basic questions you can ask. gation to give our intelligence commu- he said—and I put this up on my Web Does the National Security Agency col- nity the tools and the resources they site so all Americans can see the re- lect any type of data at all on millions need to keep us safe. But we also have sponse—the general said: That is not or hundreds of millions of Americans? a fundamental obligation—just as really how the minimization proce- If the Agency saw fit, they could sim- great, I believe—to protect the civil dures work—these minimization proce- ply answer that with a yes or no. In- liberties of law-abiding American citi- dures that have been described in such stead, the Director of the Agency re- zens. A right to private communica- a glowing way—and that the privacy plied that while he appreciated our de- tions free from the prying eyes and

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Yet the legislation that two U.S. individuals, and it forbids the ests of Americans. we debate on this Senate floor today, government from targeting a foreigner This amendment would also give us the FISA Amendments Act, or the For- as a pretext for obtaining the commu- another chance to amend this FAA eign Intelligence Surveillance Act nications of a U.S. national. All three after we receive this report by adjust- Amendments Act, would reauthorize of these are important privacy protec- ing the sunset not to 2017 but to 2015. surveillance authority that most tions currently in the law. The new expiration date would align Americans, most of the Delawareans The problem is that we here in the the sunset of the FISA Amendments whom I represent, would be shocked to Senate—and so the citizens we rep- Act with those in the PATRIOT Act, learn the government has in the first resent—don’t know how well any of allowing for more comprehensive re- place. these safeguards actually work. We view of both surveillance authoriza- Under section 702, FISA permits the don’t know how courts construe the tions. government to wiretap communica- law’s requirements that surveillance Concerns about privacy rights of law- tions in the United States without a be, as I mentioned, reasonably designed abiding American citizens, as well as warrant if it reasonably believes the not to obtain any purely domestic in- the striking lack of current public in- target of the wiretap to be outside of formation. The law doesn’t forbid pure- formation, are also why I support the the country and has a significant pur- ly domestic information from being amendment of Senator MERKLEY to di- pose of acquiring foreign intelligence collected. rect the administration to establish a information. We know that at least one FISA framework for declassifying FISA Of course, communications are by Court has ruled that a surveillance pro- Court opinions about the FAA. Secure definition between two or more people, gram violated the law. Why? Those sources and methods vital to the suc- so even if one participant is outside our who know can’t say, and average cess of our intelligence community country, the person they are talking to Americans can’t know. We can suspect must be protected. I agree with that, may be here in the United States and that U.S. communications occasionally and this amendment would do that. they may well be an American citizen. do get swept up in this kind of surveil- But the default position here ought to Under this legislation, the govern- lance, but the intelligence community be that the legal analysis about the ment is permitted to collect and store has not—in fact, they say they cannot government’s use of warrantless sur- their communications but without offer us any reasonable estimate of the veillance in this country is public rath- clear legal limits on what can be done number or frequency with which this er than hidden from view. with this information. They can keep has happened. I also strongly support the amend- it for an indefinite period of time. They The government also won’t state ment of Senator WYDEN to force the in- can search within these communica- publicly whether any wholly domestic telligence community to provide Con- tions and use them in civilian criminal communications have been obtained gress and the public, as appropriate, investigations. Perhaps most con- under this authority, and the govern- with specifics on just how much domes- cerning of all to me, they can search ment won’t state publicly whether it tic communication has been captured information obtained under this act for has ever searched this surveillance, under the FAA and what the intel- the communications of a specific indi- this body of communications, for the ligence community does with that in- vidual U.S. citizen without judicial communications of a specific American formation. This amendment simply oversight and for any reason. If these without a warrant. asks for the most basic information are all true and this is the case, then I For me, this lack of information, this about the practical consequences of the am gravely concerned. lack of understanding, this lack of de- use of the powerful surveillance au- What is at issue today is the scope of tail about exactly how the protections thorities in this act. To what extent the government’s power to conduct in this act have worked is of, as I said, are these authorities being used to dis- surveillance without getting a warrant. grave concern. Too often, this body cover the content of private conversa- The warrant requirement is enshrined finds itself in the position of having to tions by U.S. citizens? What is the in our legal system from the very give rushed consideration to the exten- order of magnitude? We don’t know. founding of our Nation because we be- sion of expiring surveillance authori- This amendment is simply common lieve in judicial checks and balances. If ties. sense. The Delawareans for whom I the government suspects wrongdoing The intelligence communities tell us work and the Nation for whom we work by a U.S. citizen, it must convince a these surveillance tools are indispen- expect that the government cannot lis- judge to approve a warrant. Warrants sable to the fight against terrorism and ten in on their phone calls or read their are issued each and every day in courts foreign spies, just as they did during e-mails unless a judge has signed a across the United States for investiga- the PATRIOT Act reauthorization de- warrant. If there is a reason why this tion of potential offenses across the bate last year. Also as in the case of requirement is not consistent with na- whole spectrum of criminal activity, the PATRIOT reauthorization, the ex- tional security, then I say let the intel- including crimes affecting national se- piration of these authorities, we were ligence community make that case and curity. In contrast, surveillance under told, would throw ongoing surveillance allow us to debate that and consider it this act is not required to meet this operations into a legal limbo, that it in public. It is simply not acceptable standard, leaving American citizens could cause investigations to collapse for the intelligence community to ask vulnerable to potentially very real vio- or harm our ability to track terrorists us to surrender our civil liberties and lations of their privacy. and prevent crimes. All of these are then refuse to tell us with any speci- The balance between privacy and se- profound and legitimate concerns. It is ficity why we must do so, the context, curity is an essential test for any gov- precisely because this legislation is so and the scale of the exercise of this ernment, but it is a vital test for our important that it is all the more de- surveillance authority. In my view, government and for this country. serving of the Senate’s careful, timely, America’s first principles demand bet- This law, in my view, does not con- and deliberate attention. ter. tain some essential checks that are This kind of serious consideration re- I thank Senator WYDEN for his lead- supposed to protect our privacy. quires more declassified information ership on this issue, and I thank Major- This law in its current form does con- on the public record than we have ity Leader REID for ensuring that we tain some checks that I want to review available now. That is why I am sup- have the opportunity to debate and that are supposed to protect our pri- porting the amendments reported by consider these amendments and the vacy. It requires that the government the Judiciary Committee, on which I very important issues they reflect here surveillance program must be reason- serve, which would help to shine a light today. ably designed to target foreigners on exactly how this surveillance au- I urge all of my colleagues to con- abroad and not intentionally acquire thority is used. It would direct the in- sider carefully and then support these

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.026 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8406 CONGRESSIONAL RECORD — SENATE December 27, 2012 amendments to the FAA. We cannot let the same fourth amendment protec- ical party is; whether we attend a the impending deadline distract us tions. church, a synagogue, or a mosque; from the important opportunity to Ironically, though, digital records whether we are seeing a psychiatrist; conduct oversight and implement re- seem to get less protection than paper and what type of medications we take. sponsible reforms. To simply be rushed records. As the National Association of By poring over a Visa statement, the to passage when we have known the Defense Attorneys has pointed out, government can pry into every aspect deadline was approaching for years ‘‘since the 1870s, a warrant has been re- of one’s personal life. Do we really strikes me as an abrogation of our fun- quired to read mail, and since the Su- want to allow our government unfet- damental oversight responsibility. This preme Court’s decision in Katz v. the tered access to sift through millions of Chamber deserves a full and informed United States, a warrant has generally records without first obtaining a judi- debate about our intelligence-gath- been required to wiretap telephone con- cial warrant? ering procedures and their potentially versations. However, under current If we have people who are accused of very real impact on Americans’ privacy law, e-mail, text messages, and other committing a crime, we go before a rights, and we need it sooner rather communication content do not receive judge and get a warrant. It is not that than later. These amendments would this same level of protection.’’ Why is hard. I am not saying the government allow us to have that conversation and a phone call deserving of more protec- wouldn’t be allowed to look through to work together on a path that strikes tion than our e-mail or texts? records. I am saying that the mass of the essential balance between privacy In U.S. v. Jones, the recent Supreme ordinary, innocent citizens should not and security for the citizens of these Court case that says the government have their records rifled through by a United States. can’t put a GPS tracking device on a government that does not first have to Madam President, I yield the floor, car without a warrant, Justice ask a judge for a warrant before they and I suggest the absence of a quorum. Sotomayor said this: look at personal records. The PRESIDING OFFICER. The I for one doubt that people would accept We have examples in the past of clerk will call the roll. without complaint the warrantless disclo- abuses by our own country. During the The assistant legislative clerk pro- sure to the government of a list of every Web civil rights era, the government ceeded to call the roll. site they have visited in the last week, or snooped on activists. During the Viet- Mr. PAUL. Madam President, I ask month, or year. . . . I would not assume that nam era, the government snooped on all information voluntarily disclosed to unanimous consent that the order for some member of the public for a limited pur- antiwar protesters. In a digital age, the quorum call be rescinded. pose is, for that reason alone, disentitled to where computers can process billions of The PRESIDING OFFICER. Without the Fourth Amendment protection. bits of information, do we want the objection, it is so ordered. Justices Marshall and Brennan, dis- government to have unfettered access Mr. PAUL. Madam President, I rise senting in Smith v. Maryland, empha- to every detail of our lives? From a today in support of the Fourth Amend- sized the danger of giving up fourth Visa statement, the government can ment Protection Act. The fourth amendment protections. They wrote: determine what diseases one may or amendment guarantees the right of the The prospect of government monitoring may not have; whether one is impo- people to be secure in their persons, will undoubtedly prove disturbing even to tent, manic, depressed; whether some- their houses, their papers, and their ef- those with nothing illicit to hide. Many indi- one is a gun owner and whether he or fects against unreasonable searches viduals, including members of unpopular po- she buys ammunition; whether one is and seizures. litical organizations or journalists with con- an animal rights activist, an environ- John Adams considered the fight fidential sources, may legitimately wish to mental activist; what books we order, against general warrants—or what they avoid disclosure of their personal contacts. what blogs we read, and what stores or called in those days writs of assist- In Miller and in Smith, the Supreme Internet sites we look at. Do we really ance—to be when ‘‘the child Independ- Court held that the fourth amendment want our government to have free and ence was born.’’ Our independence and did not protect records held by third unlimited access to everything we do the fourth amendment go hand in parties. Sotomayor wrote in the Jones on our computers? hand. They emerge together. To dis- case that it may be time to reconsider The fourth amendment was written count or to dilute the fourth amend- these cases, reconsider how they were in a different time and a different age, ment would be to deny really what con- decided; that their approach is, in her but its necessity and its truth are stitutes our very Republic. words, ‘‘ill-suited to the digital age, in timeless. The right to privacy and, for But somehow, along the way, we which people reveal a great deal of in- that matter, the right to private prop- have become lazy and haphazard in our formation about themselves to third erty are not explicitly mentioned in vigilance. We have allowed Congress parties in the course of carrying out the Constitution, but the ninth amend- and the courts to diminish our fourth mundane tasks.’’ ment says that the rights not stated amendment protections, particularly Today, this amendment that I will are not to be disparaged or denied. when we give our papers to a third present, the Fourth Amendment Pro- James Otis—arguably the father of party—once information is given to an tection Act, does precisely that. This the fourth amendment—put it best Internet provider or to a bank. Once we amendment would restore the fourth when he said: allowed our papers to be held by third amendment protection to third-party One of the most essential branches of parties, such as telephone companies or records. This amendment would simply English liberty is the freedom of one’s house. Internet providers, the courts deter- apply the fourth amendment to modern A man’s house is his castle; and whilst he is mined we no longer had a legally recog- means of communications. E-mailing quiet, he is as well guarded as a prince in his nized expectation of privacy. and text messaging would be given the castle. There have been some dissents over same protections we currently give to Today’s castle may be an apartment, time. Justice Marshall dissented in the telephone conversations. and who knows where the information California Bankers Association v. Some may ask, well, why go to such is coming from. It may be paper in Schulz case, and he wrote these words: great lengths to protect records? Isn’t one’s apartment or it may be bits of The fact that one has disclosed private pa- the government just interested in the data stored who knows where, but the pers to a bank for a limited purpose within records of bad people? concept that government should be re- the context of a confidential customer-bank To answer this question, one must strained from invading a sphere of pri- relationship does not mean that one has imagine their Visa statement and what vacy is a timeless concept. waived all right to the privacy of the papers. information is on that Visa statement. Over the past few decades, our right But privacy and the fourth amend- From our Visa statement, the govern- to privacy has been eroded. The Fourth ment have steadily lost ground over ment may be able to ascertain what Amendment Protection Act would go a the past century. From the California magazines we read; whether we drink long way toward restoring this cher- Bankers Association case, to Smith v. and how much; whether we gamble and ished and necessary right. I hope my Maryland, to U.S. v. Miller, the major- how much; whether we are a conserv- colleagues will consider supporting, de- ity has ruled that records, once they ative, a liberal, a libertarian; whom we fending, and enhancing the fourth are held by a third party, don’t deserve contribute to; what our preferred polit- amendment, bringing it into a modern

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.027 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8407 age where modern electronic and com- mation, and particularly describing the any general expectation that the numbers puter information and communications place to be searched, and the persons or they dial will remain secret. . . . This Court are once again protected by the fourth things to be seized. consistently has held that a person has no le- The PRESIDING OFFICER. The Sen- gitimate expectation of privacy in informa- amendment. tion he voluntarily turns over to third par- Madam President, I reserve the re- ator from California. ties. Mrs. FEINSTEIN. Madam President, mainder of my time. More recently, in the Court’s 2012 de- I rise in opposition to this amendment. Mrs. FEINSTEIN. Madam President, cision in U.S. v. Jones, some Justices This amendment is extraordinarily is the Senator going to call up his have questioned whether the time has broad. It is much broader than FISA, amendment? come to revisit Miller and Smith in and in the course of my remarks, I AMENDMENT NO. 3436 some form. Now, perhaps they are Mr. PAUL. Madam President, I ask would hope to address how broad it is. right, but this amendment isn’t the unanimous consent to call up my It essentially bars Federal, State, and form they had in mind. And this isn’t amendment, which is at the desk. local governments from obtaining any the time to do so. The PRESIDING OFFICER. Without information relating to an individual This amendment is so broad that the objection, the clerk will report. that is held by a third party unless the police could not use cell phone data to The assistant legislative clerk read government first obtains either a war- find a missing or kidnapped child with- as follows: rant or consent from the individual. out a warrant or the consent of the This is also not germane to FISA. It The Senator from Kentucky [Mr. PAUL], missing child—impossible to get. Simi- has not been reviewed by the Judiciary for himself and Mr. LEE, proposes an amend- larly, they could not ask the phone ment numbered 3436. Committee, which would have jurisdic- company to provide the home address tion over this matter. For that reason Mr. PAUL. Madam President, I ask of a terrorist, drug dealer, or other alone, I would vote against it. Also, it unanimous consent that the reading of criminal without consent or warrant. impedes the timely reauthorization of the amendment be dispensed with. They could not ask a bank if such the FISA Amendments Act. The PRESIDING OFFICER. Without criminals had recently deposited large I also oppose the substance of the sums of money. In fact, as written, this objection, it is so ordered. amendment. The amendment is titled amendment would prohibit law en- The amendment is as follows: the ‘‘Fourth Amendment Preservation forcement from looking up the name, (Purpose: To ensure adequate protection of and Protection Act.’’ In reality, it address, and phone number of a crimi- the rights under the Fourth Amendment to nal suspect, witness, or any other per- the Constitution of the United States) seeks to reverse over 30 years of Su- preme Court precedent interpreting the son online unless they obtained a war- At the appropriate place, insert the fol- rant or the consent of the criminal sus- lowing: fourth amendment. In 1967 the Supreme Court estab- pect. As you can see, the amendment is SEC. lll. FOURTH AMENDMENT PRESERVA- TION AND PROTECTION ACT OF 2012. lished its reasonable expectation of pri- too broad. As I have already stated, the FAA au- (a) SHORT TITLE.—This section may be vacy test under the fourth amendment, cited as the ’’Fourth Amendment Preserva- in the case of Katz v. United States. thorities expire in 4 days. If those au- tion and Protection Act of 2012’’. Nine years later, in a case known as thorities are allowed to lapse, our in- (b) FINDINGS.—Congress finds that the U.S. v. Miller, the Supreme Court held: telligence agencies will be deprived of a critical tool that enables those agen- right under the Fourth Amendment to the [T]he Fourth Amendment does not prohibit Constitution of the United States of the peo- the obtaining of information revealed to a cies to acquire vital information about ple to be secure in their persons, houses, pa- third party and conveyed by him to Govern- international terrorists and other im- pers, and effects against unreasonable ment authorities. portant targets overseas, plus what searches and seizures is violated when the So already you have a Supreme Court they may be plotting in the United Federal Government or a State or local gov- States. It is imperative that we pass a ernment acquires information voluntarily case saying that the fourth amendment clean reauthorization of these authori- relinquished by a person to another party for does not prohibit the use of this kind of a limited business purpose without the ex- information by the government. ties without amendments that will press informed consent of the person to the The Miller case involved the govern- hamper passage in the House. I urge my colleagues to oppose this specific request by the Federal Government ment obtaining account records from a amendment. or a State or local government or a warrant, bank. But in 1979, just 3 years after upon probable cause, supported by oath or The PRESIDING OFFICER. The Sen- affirmation, and particularly describing the Miller, the Supreme Court took up the ator from Vermont. issue of third-party collection in a case place to be searched, and the persons or AMENDMENT NO. 3437 things to be seized. involving the installation and use of Mr. LEAHY. Madam President, I ask ‘‘(c) DEFINITION.—In this section, the term pen registers, which are electronic de- unanimous consent to set aside the ’’system of records’’ means any group of vices that enable law enforcement to pending amendments and call up my records from which information is retrieved collect telephone numbers dialed from by the name of the individual or by some amendment, which is at the desk. a particular phone line without listen- The PRESIDING OFFICER. Without identifying number, symbol, or other identi- ing to the content of those calls. The fying particular associated with the indi- objection, it is so ordered. vidual. 1973 case is known as Smith v. Mary- The clerk will report. (d) PROHIBITION.— land, and in it the Court held: The assistant legislative clerk read (1) IN GENERAL.—Except as provided in [W]e doubt that people in general entertain as follows: paragraph (2), the Federal Government and a any actual expectation of privacy in the The Senator from Vermont [Mr. LEAHY] for State or local government is prohibited from numbers they dial. All telephone users real- himself, Mr. DURBIN, Mr. FRANKEN, Mrs. SHA- obtaining or seeking to obtain information ize that they must ‘‘convey’’ phone numbers HEEN, Mr. AKAKA, and Mr. COONS, proposes an relating to an individual or group of individ- to the telephone company, since it is amendment numbered 3437. uals held by a third-party in a system of through telephone company switching equip- Mr. LEAHY. I ask unanimous con- records, and no such information shall be ad- ment that their calls are completed. All sub- sent that reading of the amendment be missible in a criminal prosecution in a court scribers realize, moreover, that the phone of law. company has facilities for making perma- dispensed with. (2) EXCEPTION.—The Federal Government nent records of the numbers they dial, for The PRESIDING OFFICER. Without or a State or local government may obtain, they see a list of their long-distance (toll) objection, it is so ordered. and a court may admit, information relating calls on their monthly bills. . . . Telephone The amendment is as follows: to an individual held by a third-party in a users . . . typically know that they must (Purpose: In the nature of a substitute) system of records if— convey numerical information to the phone Strike all after the enacting clause and in- (A) the individual whose name or identi- company; that the phone company has facili- sert the following: fication information the Federal Govern- ties for recording this information; and that SECTION 1. SHORT TITLE. ment or State or local government is using the phone company does in fact record this This Act may be cited as the ‘‘FAA Sun- to access the information provides express information for a variety of legitimate busi- sets Extension Act of 2012’’. and informed consent to the search; or ness purposes. Although subjective expecta- SEC. 2. EXTENSION OF FISA AMENDMENTS ACT (B) the Federal Government or State or tions cannot be scientifically gauged, it is OF 2008 SUNSET. local government obtains a warrant, upon too much to believe that telephone sub- (a) EXTENSION.—Section 403(b)(1) of the probable cause, supported by oath or affir- scribers, under these circumstances, harbor FISA Amendments Act of 2008 (Public Law

VerDate Mar 15 2010 02:06 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.028 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8408 CONGRESSIONAL RECORD — SENATE December 27, 2012 110-261; 50 U.S.C. 1881 note) is amended by ligence Community shall submit a report re- mess’’ of the warrantless wiretapping striking ‘‘December 31, 2012’’ and inserting garding the reviews conducted under this program, which undermined the pri- ‘‘June 1, 2015’’. paragraph to— vacy rights and civil liberties of count- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(i) the Attorney General; less Americans. More than that, the MENTS.—Section 403(b)(2) of such Act (Public ‘‘(ii) the Director of National Intelligence; warrantless wiretapping program un- Law 110-261; 122 Stat. 2474) is amended by and striking ‘‘December 31, 2012’’ and inserting ‘‘(iii) consistent with the Rules of the dermined the public’s trust in our Gov- ‘‘June 1, 2015’’. House of Representatives, the Standing ernment, and in the intelligence com- (c) ORDERS IN EFFECT.—Section 404(b)(1) of Rules of the Senate, and Senate Resolution munity’s ability to police itself. such Act (Public Law 110-261; 50 U.S.C. 1801 400 of the 94th Congress or any successor During the debate on the FISA note) is amended in the heading by striking Senate resolution— Amendments Act in 2007 and 2008, I ‘‘DECEMBER 31, 2012’’ and inserting ‘‘JUNE 1, ‘‘(I) the congressional intelligence commit- worked with others on the Judiciary 2015’’. tees; and Committee to ensure that important SEC. 3. INSPECTOR GENERAL REVIEWS. ‘‘(II) the Committees on the Judiciary of oversight, accountability, and privacy (a) AGENCY ASSESSMENTS.—Section 702(l)(2) the House of Representatives and the Senate. of the Foreign Intelligence Surveillance Act protections were put into place, includ- ‘‘(E) PUBLIC REPORTING OF FINDINGS AND of 1978 (50 U.S.C. 1881a(l)(2)) is amended— ing express prohibitions on the CONCLUSIONS.—In a manner consistent with (1) in the matter preceding subparagraph the protection of the national security of the warrantless wiretapping of U.S. per- (A), by striking ‘‘authorized to acquire for- United States, and in unclassified form, the sons or any individual located here in eign intelligence information under sub- Inspector General of the Intelligence Com- the United States, as well as a prohibi- section (a)’’ and inserting ‘‘with targeting or munity shall make publicly available a sum- tion against the practice of so-called minimization procedures approved under mary of the findings and conclusions of the ‘‘reverse targeting.’’ this section’’; review conducted under subparagraph (B).’’. I am convinced that the oversight (2) in subparagraph (C), by inserting ‘‘United States persons or’’ after ‘‘later de- SEC. 4. ANNUAL REVIEWS. and accountability provisions that we termined to be’’; and Section 702(l)(4)(A) of the Foreign Intel- included in the original legislation (3) in subparagraph (D)— ligence Surveillance Act of 1978 (50 U.S.C. have helped to prevent the abuse of (A) in the matter preceding clause (i), by 1881a(l)(4)(A)), as redesignated by section these surveillance tools. Based on my striking ‘‘such review’’ and inserting ‘‘review 3(b)(1), is amended— review of information provided by the conducted under this paragraph’’; (1) in the matter preceding clause (i)— Government, and after a series of clas- (B) in clause (ii), by striking ‘‘and’’ at the (A) in the first sentence— (i) by striking ‘‘conducting an acquisition sified briefings, I have not seen evi- end; dence that the law has been abused, or (C) by redesignating clause (iii) as clause authorized under subsection (a)’’ and insert- (iv); and ing ‘‘with targeting or minimization proce- that the communications of U.S. per- (D) by inserting after clause (ii), the fol- dures approved under this section’’; and sons are being intentionally targeted. lowing: (ii) by striking ‘‘the acquisition’’ and in- But let’s be absolutely clear, my con- ‘‘(iii) the Inspector General of the Intel- serting ‘‘acquisitions under subsection (a)’’; clusion is based on the information I ligence Community; and’’. and have seen to date, and current compli- (b) INSPECTOR GENERAL OF THE INTEL- (B) in the second sentence, by striking ance does not guarantee future compli- LIGENCE COMMUNITY REVIEW.—Section 702(l) ‘‘The annual review’’ and inserting ‘‘As ap- ance. We must not relax our oversight plicable, the annual review’’; and of the Foreign Intelligence Surveillance Act efforts, and I believe that there is more of 1978 (50 U.S.C. 1881a(l)) is amended— (2) in clause (iii), by inserting ‘‘United (1) by redesignating paragraph (3) as para- States persons or’’ after ‘‘later determined that can be done to protect against fu- graph (4); and to be’’. ture abuse and misuse. In June, after the Senate Intelligence (2) by inserting after paragraph (2) the fol- Mr. LEAHY. Madam President, when Committee originated the Senate bill lowing: Congress passed the FISA Amendments ‘‘(3) INSPECTOR GENERAL OF THE INTEL- to reauthorize and extend FISA, Sen- Act of 2008, it granted the Government LIGENCE COMMUNITY REVIEW.— ator GRASSLEY and I asked for a se- sweeping new electronic surveillance ‘‘(A) IN GENERAL.—The Inspector General quential referral, just as I did in 2008, powers which, if abused or misused, of the Intelligence Community is authorized to allow the Judiciary Committee to could impinge on the privacy rights of to review the acquisition, use, and dissemi- consider and improve this important nation of information acquired under sub- Americans. Congress enacted these legislation. The bill that was approved section (a) in order to review compliance controversial authorities with the un- with the targeting and minimization proce- by the Intelligence Committee pro- derstanding that it would re-examine vided for a general and unfettered ex- dures adopted in accordance with sub- these provisions within four years, and sections (d) and (e) and the guidelines adopt- tension of the expiring provisions until determine whether to allow these au- ed in accordance with subsection (f), and in June 2017. order to conduct the review required under thorities to continue. I hoped that the Senate Judiciary subparagraph (B). While there is no question that the Committee would improve on that, and ‘‘(B) MANDATORY REVIEW.—The Inspector surveillance powers established in the we did. I worked with Senator FEIN- General of the Intelligence Community shall FISA Amendments Act have proven to STEIN, Chair of the Senate Intelligence review the procedures and guidelines devel- be extraordinarily important for our Committee, to craft a compromise to oped by the intelligence community to im- national security, it is equally clear to plement this section, with respect to the pro- shorten the sunset to 2015 and to add me that those broad powers must con- some accountability and oversight pro- tection of the privacy rights of United States tinue to come with rigorous oversight persons, including— visions. I appreciated the Senator from ‘‘(i) an evaluation of the limitations out- and strong privacy protections. California’s commitment to helping to lined in subsection (b), the procedures ap- That is why the Senate should adopt improve this sensitive and important proved in accordance with subsections (d) the Senate substitute amendment that legislation and her strong words of sup- and (e), and the guidelines adopted in accord- would allow the government to con- port for the Senate Judiciary Com- ance with subsection (f), with respect to the tinue using these authorities, but for a mittee bill. The Senate Judiciary Com- protection of the privacy rights of United period of time that ensures strong and mittee adopted the substitute and re- States persons; and independent oversight. This amend- ported the Senate bill to the Senate ‘‘(ii) an evaluation of the circumstances ment was considered and reported fa- under which the contents of communications promptly last July. That is the bill acquired under subsection (a) may be vorably by the Senate Judiciary Com- that I am offering, the Senate bill. searched in order to review the communica- mittee last July. I urge Senators to There is no reason for us to merely tions of particular United States persons. support this reasonable and common- rubberstamp the House bill. We have a ‘‘(C) CONSIDERATION OF OTHER REVIEWS AND sense measure. I call on all Senators better bill with better provisions and ASSESSMENTS.—In conducting a review under who talk about accountability and more accountability and oversight. I subparagraph (B), the Inspector General of oversight to join with us to adopt this am pleased that Senators DURBIN, the Intelligence Community should take better approach to ensuring our secu- FRANKEN, SHAHEEN, AKAKA, and COONS into consideration, to the extent relevant rity and our privacy. and appropriate, any reviews or assessments have joined me as cosponsors of this that have been completed or are being under- Many of us will remember that the amendment. taken under this section. FISA Amendments Act was originally The Senate bill that the Judiciary ‘‘(D) REPORT.—Not later than December 31, passed to clean up what one Bush ad- Committee adopted, and that I am of- 2014, the Inspector General of the Intel- ministration lawyer called the ‘‘legal fering to improve on the House bill

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The Senate bill I offer provides after the House voted to pass its clean call upon all Senators, on both sides of for extending FISA authorities, but extension. the aisle, who talk about account- would sunset them in June 2015. This Even more troubling is the fact that ability and oversight to join with us to will allow the existing programs to we still have not received a report from adopt this better approach to ensuring continue but ensures that we revisit the NSA Inspector General that fully our security and our privacy by adopt- them in a timely fashion as more infor- assesses the NSA’s compliance with its ing the Senate bill as embodied in the mation becomes available. It would targeting and minimization proce- substitute amendment. also align with the June 2015 sunset of dures, or the limitations we put in No one can argue that shortening the certain provisions of the USA PA- place to protect the privacy of Ameri- sunset or adding oversight provisions TRIOT Act, thereby enabling Congress cans. I am told that a preliminary re- somehow hampers the Government’s to evaluate all of the expiring surveil- port on the adequacy of the manage- ability to fight terrorism or somehow lance provisions of FISA together. This ment controls at the NSA is being fi- harms national security. That is not is an approach that Chairman FEIN- nalized—but it is just that: a prelimi- true. All Senators should know that STEIN and I both supported during the nary report, and not an actual, final, neither the 2015 sunset date nor the PATRIOT Act reauthorization debate comprehensive, or definitive assess- added oversight provisions have any in 2011, along with many members of ment of whether NSA analysts are operational impact on the work of the the Judiciary and Intelligence Com- complying with the procedures and intelligence community. No one—I re- mittees. This is the position the intel- rules that they have put into place. In- peat, no one from the administration ligence community and the adminis- deed, the NSA Inspector General’s of- has ever said to me that these provi- tration supported then and as recently fice has acknowledged that there is sions cause any operational problems as last year. It is the right position and more work to be done, and that this re- for the intelligence community, and to the right sunset, and that is why the view—once completed—will just be a suggest otherwise now is simply not Senate bill should include it and will if first step. Moreover, as with the DOJ accurate. my amendment is adopted. Inspector General’s report, this review In fact, when the Senate Select Com- As we have seen through our experi- is limited just to a single agency, and mittee on Intelligence reported its bill ence with the USA PATRIOT Act, sun- does not incorporate any review or as- last year that bill had exactly the same sets are important oversight tools. sessment of any information-sharing sunset date of June 2015 that is in the Sunsets force Congress to re-examine that might be taking place. substitute amendment. I was encour- carefully the surveillance powers that To address the limitations faced by aged that Senator FEINSTEIN supported have been authorized. If we know we the IGs for individual agencies, our this 2015 sunset date when the Judici- have to actually look at it because it is Senate bill as embodied in my sub- ary Committee approved this sub- going to run out, what happens is stitute amendment adds some com- stitute amendment, and noted then amazing—Senators in both parties ac- monsense improvements to the over- that this substitute amendment does tually look at it. More importantly, sight provisions in the FISA Amend- not cause any operational problems for sunsets force the administration to ments Act, including a comprehensive the intelligence community. provide full and accurate information independent review by the Inspector So where does that leave us? It leaves to justify to Congress the reauthoriza- General of the Intelligence Commu- us with a simple choice. We can enable tion of significant authorities. Any ad- nity. The Office of the Inspector Gen- the intelligence community to con- ministration is going to be willing to eral of the Intelligence Community tinue using these authorities until 2015, kick the ball down the road if they was established in 2010 and has the while adding commonsense improve- don’t have to do it; if they have a sun- unique ability to provide a comprehen- ments that will help us to conduct vig- set, they do. The last thing we want is sive assessment of the surveillance ac- orous oversight. Or the Senate can ab- for the NSA and the FBI to take for tivities across the intelligence commu- dicate its responsibilities and granted that they will have these pow- nity, rather than just a limited view of rubberstamp the House bill that ex- ers, especially when the misuse or a single agency. An independent review tends these powerful authorities for an- abuse of these powers could signifi- by the Inspector General for the Intel- other five years, without a single im- cantly impact the constitutional lib- ligence Community could answer some provement in oversight or account- erties of Americans. Likewise, we must remaining questions about the imple- ability—even though we may not have never take for granted our constitu- mentation of the FISA Amendments all the information we need to make an tional liberties, and we should not shy Act, particularly with respect to the informed determination. away from our duty as Senators to pro- protection of the privacy rights of U.S. As an American, and as a Vermonter, tect against any such misuse or abuse. persons. I also believe that an unclassi- the choice is simple for me. We have an I acknowledge and appreciate those fied summary of such an audit should obligation to ensure that these expan- in the intelligence community who be made public in order to provide in- sive surveillance authorities are ac- work very hard to ensure compliance creased accountability directly to the companied by safeguards. We can fulfill with our laws and Constitution. But it American people. our duty to protect the privacy and is also important to note that there These are reasonable improvements civil liberties of the American public, has never been a comprehensive review to the law that I urge all Senators to while continuing to provide the intel- of these authorities by an independent support. We often hear Senators speak ligence community with tools to help Inspector General that would provide a about the need for vigorous and inde- keep America safe. That is what the complete perspective on how these au- pendent oversight of the Executive Senate bill as embodied in the sub- thorities are being used, and whether Branch, the need to support inde- stitute amendment accomplishes. I they are being used properly. pendent inspectors general who are not urge Senators to choose this balanced, The DOJ Inspector General recently beholden to a particular agency, and commonsense approach, and to support completed a review of the FBI’s imple- the need for Congress to conduct its adopt the Senate substitute to the mentation of the FISA Amendments own independent reviews as a check on over-expansive House bill. Act, but this was limited in scope—not the power of the Executive. So I ask The PRESIDING OFFICER. The Sen- only because it was just limited to the those same Senators this question: ator from California. FBI, and not any other part of the in- When Congress has authorized the use Mrs. FEINSTEIN. Madam President, telligence community, but also because of expansive and powerful surveillance in listening to the distinguished chair- it was limited in scope to the period tools that have the potential to impact man of the Judiciary Committee and ending in early 2010. Notably, this was so significantly the constitutional also reading the amendment, I want to

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So, before us is the 5-year au- we might have had time to convince group of Senators asking yes or no thorization period which the House has the House to consider these changes to questions: Has there been an estimate? already passed. We have 4 days before current law. But here we are where we For example, how many law abiding the FISA Amendments Act essentially have a 5-year House bill in front of us Americans have had their communica- end. I cannot support that shorter time and only 4 days to extend the sunset. tions swept up into these FISA au- but I support the 5-year extension. As I am opposing all amendments, I thorities? Our inability to get that an- The part of the amendment of the would respectfully and, not quite sor- swer makes it clear that when one chairman of the Judiciary Committee rowfully but almost, have to oppose talks about robust oversight under this that I do agree with is the expanded your amendment with the caveat I legislation, the reality is that there is mission of the inspector general of the added, Mr. Chairman. enormous lack of specifics with respect Intelligence Community. Since the In deference to you and your chair- to how this legislation actually works. chairman is now becoming the Presi- manship of the Judiciary Committee, I would only say in response to the dent in rapid promotion, I will be the Intelligence Committee staff will amendment offered by the Presiding happy to address my remarks to him. work closely with yours to see if there Officer, Senator LEAHY, the chairman (The PRESIDENT pro tempore as- is anything that needs to be added to a of the Judiciary Committee, I think his sumed the Chair.) future intelligence authorization bill. amendment is very appropriate. Given Mr. President, Mr. Chairman, I want I thank you for that and I yield the how little is known, to me it is one of you to know we have spent large floor. the fundamental pillars of good over- amounts of time on the particular The PRESIDENT pro tempore. The sight that we do not grant open-ended issue of Section 702 reporting. For ex- Senator from Oregon. kind of authorizations when we lack so ample, the law requires semiannual At- Mr. WYDEN. Mr. President, first, I much fundamental information about torney General and DNI assessments of strongly support your amendment, how this program works, particularly section 702. Every 6 months they assess given how little most Members of Con- how it would affect law-abiding Ameri- compliance with the targeting and gress know about the actual impact of cans. minimization procedures. The law also the law. The shorter extension period With that, I yield back. requires the inspector general of Jus- as envisioned by the distinguished Mrs. FEINSTEIN. Mr. President, I tice and the IG of every element of the chairman of the Judiciary Committee suggest the absence of a quorum. intelligence community authorized to makes a lot of sense. I also think it The PRESIDENT pro tempore. The acquire foreign intelligence informa- makes sense to have the intelligence clerk will call the roll. tion to review compliance within Sec- community inspector general conduct The bill clerk proceeded to call the tion 702. In addition, the IGs are re- an audit on how FISA Amendment Act roll. quired to review the number of dis- authority has been used. The PRESIDENT pro tempore. The seminated intelligence reports con- Once again, we have had this discus- majority leader. taining a reference to a U.S.-person sion about how much everybody al- Mr. REID. Mr. President, I ask unan- identity and the number of U.S. person ready knows about how the FISA imous consent that the order for the identities subsequently disseminated. Amendments Act affects the operations quorum call be rescinded. The law also already requires annual of this program on law-abiding Ameri- The PRESIDENT pro tempore. With- reviews by agency heads of Section 702. cans. I would have to respectfully dis- out objection, it is so ordered. It also requires a semiannual Attorney agree. I asked Senators, as we touched f General report on Title VII every 6 on this in the course of the afternoon, months to fully inform the congres- whether they know if anyone has ever LETTER OF RESIGNATION sional Intelligence and Judiciary Com- estimated how many U.S. phone calls Mr. REID. Mr. President, I have in mittees. And there is another semi- and e-mails have been warrantlessly my hands a letter from Brian Schatz, annual report on FISA required for the collected under this statute? the Lieutenant Governor of the State Attorney General to submit a report to Senator UDALL and I have asked this of Hawaii, and that letter is a resigna- the committees. Finally, there are re- very simple question: Has there been tion letter. quirements for the provision of docu- an estimate—not whether there is I ask unanimous consent the resigna- ments relating to significant construc- going to be new work, whether they are tion letter be printed in the RECORD. tion or interpretation of FISA by the going to be difficult assignments. We There being no objection, the mate- FISA Court. have asked whether there has ever been rial was ordered to be printed in the So it is clear that there are many re- an estimate of how many U.S. phone RECORD, as follows: porting requirements on FISA and spe- calls have been warrantlessly collected DECEMBER 26, 2012. cifically section 702. I would also add under the statute. We were told in Re Resignation as Lieutenant Governor. that the Intelligence Committee has writing we were not going to be able to Hon. NEIL ABERCROMBIE, had hearings with the DNI, with Attor- get that information. Governor, State of Hawai‘i, State Capitol, ney General Holder, with Director of I think Senators ought to also ask Honolulu, Hawaii. FBI Mueller on how Section 702 is car- themselves whether they know if any DEAR GOVERNOR ABERCROMBIE: Thank you ried out. I will also tell you the Intel- domestic phone calls and e-mails, what for the confidence you have placed in me ligence Committee staff spends count- are wholly domestic communications, today by appointing me to represent Hawaii in the United States Senate by filling the va- less hours going over the reports in have been conducted under this stat- cancy in the Senate caused by the death of meetings with representatives of the ute. I think they will also find they do Senator Inouye. departments. However, I would say to not know the answer to this question. Because of the critical issues facing our Chairman LEAHY that what I would I think Senators also would want to nation, I will need to go to Washington, D.C. like to do is look at your amendment know whether the Government has immediately to assume the duties of the of- and see how it compares to what is cur- ever conducted any warrantless back- fice of United States Senator. In order to en- rently being done and possibly add door searches for Americans’ commu- sure that the duties and responsibilities of some parts of your amendment to our nications. the Lieutenant Governor are performed for So when we have the argument that the State of Hawai’i with as little interrup- authorization bill next year. tion as possible, I hereby tender my resigna- I would urge that we have your staff has now been advanced several times in tion as Lieutenant Governor, effective im- and the Intelligence Committee staff the course of the day that we already mediately. work together to see what we can do. know so much, we do not need all these Very truly yours, The real reason to oppose all of this at amendments, it is just going to delay BRIAN SCHATZ.

VerDate Mar 15 2010 04:03 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.036 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8411 CERTIFICATE OF APPOINTMENT of Representatives and served until coming the CEO of Helping Hands Ha- The VICE PRESIDENT. The Chair just a few minutes ago as the Lieuten- waii, a nonprofit organization that pro- lays before the Senate a certificate of ant Governor of the State of Hawaii. vides human services in the islands. As appointment to fill the vacancy cre- Having been a Lieutenant Governor Lieutenant Governor, he has been a big ated by the death of the late Senator he has experience as a legislator, and part of our community. He has been an Daniel K. Inouye of Hawaii. then as one of the presiding officers of outspoken supporter of our troops and The certificate, the Chair is advised, the entire Senate, speaks for itself in veterans and defender of our environ- is in a form suggested by the Senate. If helping to prepare for the job he has ment. there is no objection, the reading of the here. I expect he will build upon the Senator SCHATZ will be a strong pro- certificate will be waived and it will be foundation laid by Senator Inouye in gressive voice for Hawaii in the Senate. the Senate. While no one can fill the printed in full in the RECORD. He will advance freedom and equality. There being no objection, the certifi- shoes of our friend Senator Inouye, He will be a strong voice on climate cate was ordered to be printed in the BRIAN SCHATZ is a young man with a change, expanding clean renewable en- future full of promise and opportunity. RECORD, as follows: ergy, and protecting our precious nat- I ask unanimous consent that the ural resources. He will defend our Na- EXECUTIVE CHAMBERS Senator from Hawaii, Mr. AKAKA, now tive Hawaiians and all our Nation’s Honolulu be recognized. first people—those Americans who ex- CERTIFICATE OF APPOINTMENT The PRESIDENT pro tempore. The ercised sovereignty on lands that later To the President of the Senate of the United senior Senator from Hawaii is recog- became part of the United States. He States: nized. will uphold the values and priorities of This is to certify that, pursuant to the Mr. AKAKA. Mr. President, I rise to our unique State. power vested in me by the Constitution of welcome Hawaii’s new Senator, BRIAN the United States and the laws of the State I say to my friend, the new junior of Hawai‘i, I, Neil Abercrombie, the governor SCHATZ. BRIAN is a leader for Hawaii’s Senator from Hawaii, never forget that of said State, do hereby appoint Brian present and for our future and I wel- he is here with the solemn responsi- Schatz a Senator from said State to rep- come him with much aloha pumehana, bility to do everything he can to rep- resent said State in the Senate of the United which means warm love. resent the people of Hawaii, to make States until the vacancy therein caused by I also welcome and congratulate Sen- sure their needs are addressed in every the death of Daniel K. Inouye, is filled by ator SCHATZ’s wife Linda; their chil- policy discussion, and to speak up and election as provided by law. dren, Tyler and Mia; his twin brother, seek justice for those who cannot help Witness: His excellency our governor Neil and Senator SCHATZ’s proud parents, Abercrombie, and our seal hereto affixed at themselves. the Hawai‘i State Capitol this 26th day of Dr. Irwin and Mrs. Barbara Schatz. God bless you, Senator SCHATZ. God December, in the year of our Lord 2012. Senator SCHATZ arrives in Wash- bless Hawaii. God bless the United By the governor: ington during a sad time as we con- States of America. NEIL ABERCROMBIE, tinue to mourn the loss of our cham- The PRESIDENT pro tempore. The Governor. pion, Senator Dan Inouye. Dan Inouye Senator from Nevada. BRIAN SCHATZ, will always be a legend in Hawaii. He Mr. REID. Mr. President, before my Lieutenant Governor. will never be replaced. friend from Hawaii leaves the floor, we [State Seal Affixed] At Dan Inouye’s memorial service in have all come and given speeches—a f Honolulu this past weekend, I was re- lot of us, at least—about Senator ADMINISTRATION OF THE OATH minded of how many people he touched AKAKA, but we have not had a lot of OF OFFICE in Hawaii and across the country. We people on the floor when we have done must honor his legacy by working to- that. The VICE PRESIDENT. If the Sen- gether for the people of Hawaii. The presentation just now is typical ator-Designee will now present himself I thank BRIAN for volunteering for for DAN AKAKA: never a word about at the desk, the Chair will administer this incredible responsibility. He only himself, always about somebody else. If the oath of office. learned of his appointment yesterday the new Senator has Senator AKAKA’s The Senator-Designee, escorted by and did not have any time to spare, so qualities—the kindest, gentlest person Mr. AKAKA and Mr. REID, advanced to he hopped on Air Force One and flew I have ever served in this body with—it the desk of the Vice President, the straight to Washington to be sworn in is something for which he should oath prescribed by law was adminis- today. strive. The shoes he has to fill, we all tered to him by the Vice President, and We need him here now because we are know—AKAKA and Inouye—are signifi- he subscribed to the oath in the Offi- facing a major challenge, one that re- cant to fill, but he can do that. cial Oath Book. grettably has been created by Congress For you, Senator AKAKA—with these The VICE PRESIDENT. Congratula- in our own inability to thus far com- people on the floor—we are going to tions, Senator. promise. The looming spending cuts miss you so much. You are a wonderful (Applause, Senators rising) and tax increases known as the fiscal human being and have been a great The PRESIDENT pro tempore. The cliff must be fixed within the next 5 Senator. majority leader. days. Mr. AKAKA. I yield the floor, Mr. f Mahalo—thank you—BRIAN, for ac- President. cepting this challenge. Mr. REID. I suggest the absence of a WELCOMING SENATOR BRIAN I am here to help Senator SCHATZ in quorum. SCHATZ any way I can. While there are other The PRESIDENT pro tempore. The Mr. REID. Mr. President, on behalf of talented leaders in Hawaii who stepped clerk will call the roll. the entire Senate, I welcome Senator forward and who would also have been The legislative clerk proceeded to BRIAN SCHATZ to the Senate. I con- excellent appointees, I know my col- call the roll. gratulate him on his appointment to leagues will join me in supporting Sen- Mr. BLUNT. Mr. President, I ask fill the seat of the late Senator Dan ator BRIAN SCHATZ for the good of Ha- unanimous consent that the order for Inouye who, as we all know, was an in- waii. the quorum call be rescinded. stitution in and of himself. Throughout my 36-year career in The PRESIDENT pro tempore. With- Senator SCHATZ is now one of the Congress, the Hawaii delegation has al- out objection, it is so ordered. youngest Senators in this body. Never- ways been unified. We have always put f theless, he has a long history of serving Hawaii first before our individual am- the State of Hawaii. Prior to entering bition. We must continue that. Hawaii FISA AMENDMENTS ACT REAU- THORIZATION ACT OF 2012—Con- politics, Senator SCHATZ served for 8 comes first. tinued years as the CEO of Helping Hands Ha- I have followed BRIAN SCHATZ’s ca- waii, one of Hawaii’s largest nonprofit reer for many years. He was an active COMMENDING THE PRESIDENT PRO TEMPORE social services organizations. He also member of the Hawaii State House of Mr. BLUNT. Mr. President, also on served four terms in the Hawaii House Representatives for 8 years before be- two things that do not relate to my

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That is why going to lead this body well and he has member the sense of urgency expressed it is critically important we pass this served with great dignity. It is an by the then-Director of National Intel- bill in the next few hours, why we ex- honor to be here with him on this day, ligence Mike McConnell; the then-CIA tend FISA for another 5 years, and give even if it is December 27, 2012, and even Director Michael Hayden; and the our intelligence professionals the tools though we are, of course, all con- then-Attorney General Michael they need to protect our country and, tinuing to think about the former Mukasey, as they discussed the con- frankly, give the Congress, the Presi- President pro tempore and the services sequences we would have to deal with if dent, and, most importantly, the for him that were just completed. we continued not to move forward and American people the obligation to look TRIBUTES TO DEPARTING SENATORS put this act back in place. at this authority again in 5 years and DANNY AKAKA The agreement we reached balanced see if we still need it. I would also like to say I was here the concerns of those who feared the Today, we need to extend the Foreign when the new Member from Hawaii was National Security Agency had over- Intelligence Surveillance Act. I hope sworn in and listened to Mr. AKAKA’s reached with the ongoing authority the we do that. comments. I have great respect for him intelligence community needed to pro- I yield the floor. and the quiet dignity he brings to ev- tect the country. That agreement is be- The PRESIDING OFFICER (Mrs. erything he does—from weekly dem- fore us again to be reauthorized for an- SHAHEEN). The Senator from Colorado. onstrations of his personal faith, which other 5 years. Mr. UDALL of Colorado. Madam I share with him, to his name being The FISA Amendments Act protects President, I would be happy to defer to mentioned first in all these quorum individuals in the United States from the vice chairman. calls that have gone on now for, I as- so-called reverse targeting. It is one of The PRESIDING OFFICER. The Sen- sume, all the time he has been in the the concerns people had 5 years ago. ator from Georgia. Senate, going back to 1981. This would be a process which, in the- Mr. CHAMBLISS. Madam President, But we will miss him, as we will miss ory, could be used to monitor the com- I rise today in support of H.R. 5949, the his colleague from Hawaii, and we wel- munications of American citizens FISA Amendments Act Reauthoriza- come his new colleague today. I get to under the guise of spying on terrorists. tion Act of 2012. Before I speak on it as welcome you personally, Mr. President, It also continues to ensure that any vice chairman of the Intelligence Com- with heartfelt appreciation, as the new communication originating in the mittee, I wanted to say that this bill, President pro tempore of the Senate. United States caught in the FISA proc- along with many other products that Following that, I wish to speak on ess is minimized. What does that have come out of the Intelligence Com- the importance of extending the For- mean? It means it is handled in a way mittee, has been put together in a eign Intelligence Surveillance Act, the that American communications cannot strong bipartisan way under the leader- Amendments Act, I think it is called. be examined unless they have further ship of our chairman Senator FEIN- While I was serving in the House in justification. STEIN, who has been a great advocate 2008, the Foreign Intelligence Surveil- Meanwhile, the bill updated the anti- for the national security of the United lance Act had lapsed, and we were not quated way we monitor terrorist com- States and a great advocate for our doing the things we should be doing. I munications, ensuring that our intel- men and women in the intelligence was able there to work with my good ligence professionals no longer have to community. I would be remiss if I did friend STENY HOYER, who was the ma- spend countless hours trying to figure not say as we conclude this year, which jority whip at the time. I was the mi- out whether an overseas terrorist’s is the second of the 2 years I have been nority whip at the time. We had held communications are traveling over vice chair, what a privilege and pleas- the reverse of those jobs in the pre- fiber optic wires or through a satellite. ure it has been to work with her. I vious Congress. I liked my role as ma- I am concerned the amendments we thank her for her leadership and all of jority whip better. But Mr. HOYER and are looking at here not only disrupt the issues we have worked on together. I were able to work together, particu- the delicate balance we struck in 2008 This bill, which passed the House larly with my predecessor from Mis- but also they may mean that this act with broad bipartisan support, provides souri, Senator Bond, and Senator does not get extended. The House has a clean extension of the FISA Amend- ROCKEFELLER—Senator Bond was the voted on a straight extension. The only ments Act until December 31, 2017. Ear- vice chairman of the Intelligence Com- thing standing between the continu- lier this year, with strong bipartisan mittee; Senator ROCKEFELLER was the ation of that 2008 hard-fought and I support, the Senate Intelligence Com- chairman—as we tried to negotiate think properly balanced agreement is a mittee also reported the bill with a how we would extend the FISA Amend- Senate vote on what the House has clean extension, although it had a ments Act. passed. I will be voting against the slightly earlier sunset of June 1, 2017. My colleagues here today—many of amendments. I think some of these So we have two bills—one from each them remember the challenge we faced amendments are well intended and, in Chamber—that recognize that the FAA in getting that bill done. Many of fact, if they were not part of this bill, must be reauthorized for the next 5 them, including the current chairman studies and other things that are being years. Both bills also confirm that of the Senate Intelligence Committee, proposed might very well be worth there should be no substantive changes know the importance we placed on the doing but not worth doing in a way to the FAA itself. But time is running work that is done every day under the that would allow FISA to expire in just short before these vital authorities ex- Foreign Intelligence Surveillance Act. a few short days. pire, as they expire on December 31. So At the time in 2008, we had a very I am pleased to have been able to it makes the most sense for the Senate concrete set of examples of what would serve on both the Senate and the House to simply pass the House bill and send happen without FISA because, frankly, Select Committees on Intelligence and it to the President for his immediate we were effectively without it. For pe- have witnessed firsthand the important signature so that we have no gap in riods of time in 2007 and 2008, the Na- role that FISA plays in protecting our collection on those who seek to do us tional Security Agency was unable to country. harm, as they are out there every day fully perform its mission in monitoring I am thankful for the intelligence seeking to do that. many of the activities of known terror- professionals who serve our country, As we debate the merits of passing a ists who were overseas and particularly both in the United States and overseas. clean extension of the FAA, I think it found it impossible to focus in on new I hope, as they observe this debate we is important to remember why the targets—and, again, those are known are having about FISA, they see a Con- FAA is so necessary. The terrorist at- terrorists not in this country. gress that supports them, supports tacks by al-Qaida on September 11,

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Our intelligence com- 702 collection, including review and ap- something has not been quite right munity took operational measures to proval by the FISA Court of the AG- with how these authorities have been address that shortfall but eventually DNI certification and targeting and used, the oversight mechanisms put in realized that additional FISA authori- minimization procedures, a require- place by the FAA have worked exactly ties were needed to fully address the ment that all acquisitions be con- as intended by Congress. When a prob- problem. sistent with the fourth amendment, lem arises, the Justice Department More than 5 years ago, after an ad- and explicit prohibitions against cer- knows about it, the FISA Court knows verse ruling from the Foreign Intel- tain conduct, such as intentionally tar- about it, and Congress knows about it. ligence Surveillance Act Court, the Di- geting a U.S. person. The collection related to the problem rector of National Intelligence re- Because there are instances, how- stops until the problem gets fixed. quested that Congress act immediately ever, in which we may need to target In my experience, the FAA is one of to stem the sudden and significant re- U.S. persons overseas who have be- the most tightly overseen activities duction in the intelligence commu- trayed their country as terrorists or within the intelligence community. I nity’s capability to collect foreign in- spies, the FAA does include specific know some people believe more over- telligence information on overseas tar- ways to do this. Similar to the authori- sight is needed, but I do not think gets. So Congress responded—first with ties in title I of FISA, sections 703 and there is justification for that. I am the Protect America Act of 2007 and 704 allow the FISA Court to authorize concerned that if we add more IG re- then with the FISA Amendments Act collection against certain U.S. persons views, for example, we run the risk of of 2008. By providing a statutory frame- overseas. Before the FAA, this type of taking scarce resources away from ac- work for acquiring foreign intelligence collection was authorized by the Attor- tual analysis and operations. That is information from overseas targets, the ney General and not by a court. The not the right course, especially when FAA has enabled the intelligence com- FAA enhanced the protections for U.S. we know the existing oversight mecha- munity to identify and neutralize ter- persons by requiring individual FISA nisms are working so well. These FAA ror networks before they harm us ei- Court orders based on probable cause authorities are simply too important ther at home or abroad. that the U.S. person is a foreign per- to lose. While I cannot get into specific ex- son, agent of a foreign power, or an of- We have a bill before us that has amples, I can say definitively that ficer or employee of a foreign power. As passed the House and can be sent these authorities work extremely well. I understand it, most of the objections straight from this body to the White I encourage all of my colleagues to go to the FAA relate to section 702 and House for signature by the President. to the Intelligence Committee’s spaces what we call incidental collection. The President has said he will sign the and review the classified materials pro- I recommend again that my col- House bill as soon as he receives it vided by the intelligence community. leagues review the unclassified FAA from this body. I urge my colleagues to These materials give the classified ex- background paper that was sent by the join me in voting for a clean extension amples that clearly demonstrate the AG and by the DNI to Congress last of the FISA Amendments Act until De- FAA’s success. February. That document was earlier cember 31, 2017. Let me briefly highlight what some made a part of the RECORD at my re- I yield the floor. of those authorities do. Under section quest. This paper describes the FAA The PRESIDING OFFICER. The Sen- 702, the government may target per- authorities in some detail, and it high- ator from Colorado. sons reasonably believed to be outside lights the layers of oversight by all Mr. UDALL of Colorado. Madam the United States for the purpose of ac- three branches of government. These President, I ask unanimous consent to quiring foreign intelligence informa- multiple oversight mechanisms are speak for up to 30 minutes and that be tion. However, there are a number of there primarily to protect U.S. per- under the time allotted to Senator important limitations on this author- sons. WYDEN. ity that are designed to ensure that I can tell you firsthand from my The PRESIDING OFFICER. Without this section 702 collection cannot be work on the Intelligence Committee on objection, it is so ordered. used to intentionally target a U.S. per- both the House and the Senate side Mr. UDALL of Colorado. Madam son under what we call reverse-tar- that it is vigorous oversight. Every as- President, I rise, as many have today, geting within the community. These pect of the FAA gets looked at closely to talk about the Foreign Intelligence acquisitions are authorized jointly by the executive branch, from the dedi- Surveillance Act. Before I get to the through a certification by the Attor- cated personnel responsible for oper- substance of my remarks, I wish to ac- ney General and the Director of Na- ating the system, up through the man- knowledge the great leadership and tional Intelligence and are approved by agerial chain of command to the rel- work that both the chairwoman and the FISA Court. evant inspectors general and all of the the vice chairman provide for the com- The plain language and legislative lawyers at the National Security Divi- mittee. We would not be here today history of section 702 makes clear that sion at the Department of Justice and without their focus and their commit- Congress understood there would be in- at the agencies responsible for FAA im- ment to maintaining the best intel- cidental collection of one-end domestic plementation. Twice a year, Congress ligence community, I believe, in the and U.S. person communications. gets reports on its implementation on world. I also want to thank my col- There has to be. If we impose an up- top of what we learn from hearings, league Senator WYDEN and the others front ban on the collection of such oversight visits, briefings, and notifica- who have spoken today on the floor communications, we could never do the tions, as well as other reports that are about the authorities under the FISA acquisition in the first place because it given to Congress. The judicial branch, Amendments Act. is often impossible to determine in ad- the FISA Court, plays its own key role I would suggest that most Americans vance whether an unknown target by reviewing the certifications and the likely do not recognize the name of the overseas is, in fact, a U.S. person. So targeting and minimization procedures bill, but I am certain they have heard we need the broad ‘‘any person’’ au- and ensuring that all of those comply about what this bill addresses; that is, thority at the outset to ensure that the with the law. government surveillance of commu- acquisition can occur in the first in- I cannot say that the implementa- nications. This is an issue that is crit- stance. Moreover, Congress also under- tion of the FAA has been perfect. Cer- ical to get right because if it is done stood that this incidental collection tainly there have been a few mistakes wrong, it can strike at the core of our would likely provide the crucial lead along the way over the past several constitutional freedoms. So I wanted information necessary to thwart ter- years. Sometimes technology does not to thank our Senate leadership today rorists like the 9/11 hijackers who always work the way it is supposed to, for providing us time to discuss what is trained and launched their attacks and sometimes there is a disconnect a very important issue. I might suggest from within the United States. But be- between the way a collection device ac- that the topic at hand is important

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Make no mistake about it, ter- Some observers may even question 2 years on the committee, I have deter- rorism is a serious threat to our home- why we are taking even this limited mined that there are reforms that need land and to American lives, and ter- amount of time to debate a bill we here to be made to the FISA Amendments rorism has also forced us to have a con- in the Senate expect to pass easily. The Act before we renew it into law. versation about our civil liberties and truth is that even though many Sen- As we prepare to renew the FISA the balance between our privacy and ators are likely to vote for this bill, it Amendments Act for the first time the need to confront threats to our Na- is incomplete and it needs reforms. In since 2008, it is important that we take tion. I strongly believe our commit- fact, part of the reason this debate is this opportunity to address several ment to protect the American people so important is because I believe Con- flaws that have become apparent to me should not force us to abandon the gress and the public do not have an and a number of our colleagues. Fortu- foundational principles that make us a adequate understanding of the effect nately, the sunset provision in the beacon for the rest of the world. This is this law has had and could have on the original bill effectively provides us a false choice. We must, as the Federal privacy of law-abiding American citi- with that opportunity so that today we Government and the protectors of our zens. can ensure that the statute still tracks Constitution, protect the constitu- This is an important subject. It is an with our foreign intelligence require- tional liberties of the American people important question. That is why a ments and the interests of the Amer- and live up to the standard of trans- number of us have taken to the floor ican people. In addition, to remain an parency our democracy demands. today to spend some time highlighting effective law, the sunset provision As I mentioned, I am the only Sen- the issues at hand in the hopes our col- helps ensure that the FISA Amend- ator on our side of the aisle who serves leagues will join us in striking the ments Act’s authorities keep up with on both the Intelligence Committee right balance, one that preserves today’s state of technology. and the Armed Services Committee, foundational values and constitutional Let me be clear that I strongly be- and I believe I have a unique perspec- liberties while still allowing us to ef- lieve that for our national security, the tive when evaluating the critical bal- fectively and forcefully prosecute our Federal Government needs ways in ance between protecting our national war on terror. which to monitor communications to security and the rights of American I was a Member of the House in 2008 ensure that we remain a step ahead of citizens. It is the responsibility of Con- when the FISA Amendments Act our enemies and terrorists. I also gress to find that balance between the passed Congress and was signed into strongly believe we need to balance the will of the many and the rights of the law. I voted for it then, along with civil liberties embodied in our Con- few, the security of the country and most of my Democratic colleagues in stitution with our ongoing fight the freedom of its citizens. In times of the House. against terrorists. war and crisis, finding this balance— In March 2008 many of us in the We need only look to recent history and it is a delicate balance—can be House viewed the FISA Amendments to understand why Congress needs to even more challenging, and there are Act—or the FAA, in shorthand—as an keep a tight rein on these surveillance unfortunate times in our Nation’s his- improvement over the status quo. Why efforts. It was in the months after 9/11, tory when we have lost sight of our was that so? It was because it put a just shortly after 9/11 that President principles and what the United States legal framework around President Bush first authorized what we now represents as a nation. Bush’s warrantless wiretapping pro- refer to as the secret warrantless wire- I understand that the law requires gram and it updated the Foreign Intel- tapping program. Many legitimate con- the intelligence community to conduct ligence Surveillance Act—or FISA, as cerns were raised about that program, oversight of FAA implementation, that it is known in shorthand—to respond to and Congress wisely went back and put the Foreign Intelligence Surveillance changes in technology and to hold that some limits on it in that 2008 law. But Court reviews the legality of the proce- administration accountable. we have an opportunity to discuss dures, and that the congressional Intel- As I noted 4 years ago during that de- today whether those limits went far ligence Committees conduct our over- bate, the bill also included important enough and whether the circumstances sight of FISA programs. But nearly all provisions that for the first time re- that prompted the creation of the pro- of this oversight is conducted in secret. quired intelligence agencies to seek a gram in 2001 and its passage into law in I know my constituents trust me to judge’s permission before monitoring 2008 still justify its existence today. conduct this oversight, but I believe the communications of Americans I am a member of both the Armed the people too have a role in keeping a overseas. That meant the Federal Gov- Services and Intelligence Committees, watchful eye on the government. ernment could no longer monitor the e- and I will be the first to say that ter- As Senators ROCKEFELLER and WYDEN mail or phone calls of Americans over- rorism remains a serious threat to the wrote in a letter to the Bush adminis- seas without a warrant. United States, and we must be as dili- tration officials in 2008, ‘‘secrecy comes In my remarks, I am going to talk on gent as ever in protecting our fellow with a cost’’ which can—and I want to a number of occasions about warrants American citizens. I can also say with quote these two valued and wise Sen- and the check they provide on govern- confidence that the FISA Amendments ators—‘‘make it challenging for Mem- ment overreach. That was an impor- Act has been beneficial to the protec- bers of Congress and the public to de- tant part of that debate in 2008. Back tion of our national security. termine whether the law adequately in that year, back in 2008, it was Sen- In the Senate Intelligence Com- protects both national security and the ator WYDEN, who is here on the floor mittee, I receive regular briefings on privacy rights of law-abiding Ameri- today, who was instrumental in includ- our efforts to combat terrorism abroad cans.’’ ing that particular provision in the and here at home in the United States, With that general overview, I wish to final FISA Amendments Act legisla- including the benefits and accomplish- talk about some of the specifics in this tion. From the perspective of a House ments of the FISA Amendments Act. I particular bill we are considering Member at that time, I was pleased, think the threats—I should say I not today. I would like to get to the core of glad, and appreciated that we had Sen- only think, I know the threats we still my concerns. ator WYDEN’s leadership right here in face today do justify the extension of As my colleagues know, section 702 of the Senate. these authorities. I don’t question the the FISA Amendments Act established I now have the great privilege to value of the foreign intelligence the a legal framework for the government serve on the Senate Intelligence Com- FAA provides. But my question to my to acquire foreign intelligence by tar- mittee with Senator WYDEN. I have to colleagues and the administration is geting non-U.S. persons who are rea- admit that from the position I now whether a 5-year straight extension of sonably believed to be located outside

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Well, during tions along the way—seems logical. intended to limit the government’s a markup in our committee, we offered The language of the law—the collection ability to use these new authorities to an amendment that would have di- of foreign intelligence of U.S. persons deliberately spy on American citizens. rected the inspectors general of the in- reasonably believed to be located out- Earlier this year Senator WYDEN and telligence community and the Depart- side the United States—anticipates I opposed the bill reported out of the ment of Justice to produce a rough es- that incidental or accidental collection Senate Intelligence Committee extend- timate of how many Americans have of Americans’ e-mails or phone calls ing the expiration date of the FISA had their communications collected would, in fact, occur. But under the Amendments Act of 2008 from Decem- under section 702. Our amendment did FISA Amendments Act, as it is writ- ber 2012 to June 2017. We opposed this not pass, but we will continue our ef- ten, there is nothing to prohibit the in- long-term extension because we believe forts to obtain this information be- telligence community from searching Congress does not have an adequate un- cause the American people deserve to through a pile of communications, derstanding of the effect this law has know. which may have incidentally or acci- had on the privacy of law-abiding citi- There are those who are satisfied dentally been collected without a war- zens. In our view, it is important for with the law’s current privacy protec- rant, to deliberately search for the Members of Congress and the public to tions, and they point out that classi- phone calls or e-mails of specific Amer- have a better understanding of the for- fied minimization procedures guide icans. eign intelligence surveillance con- how government officials handle infor- Again, I understand—and I think I ducted under the FAA so that Congress mation on Americans’ communica- can speak for Senators WYDEN and oth- can consider whether the law should be tions. But I don’t believe those proce- ers of us who have this concern—this dures are a substitute for strong pri- could happen by accident. But I don’t modified rather than simply extended vacy protections incorporated into the think the government should be doing without changes. This has been a longstanding quest law itself. Do we really want account- this on purpose without getting a war- for a number of us. In fact, while I have ability for those protections to be se- rant or an emergency authorization re- been outspoken on this issue, the effort cret? Do we really want to be depend- garding the American they are looking to better understand the FAA’s imple- ent upon the good will of future admin- for. I have noted that Senator WYDEN and mentation precedes my time on the istrations to keep faith with the so- I call this the backdoor searches loop- Senate Intelligence Committee. Sen- called minimization procedures? That is why I believe the FISA hole. Understandably, the Intelligence ator WYDEN and others have been Amendments Act extension should in- Committee doesn’t much like that pressing the intelligence agencies for clude clear rules prohibiting the gov- term, arguing there is no loophole. But years to provide more information to ernment from searching through the I think we are going to have to agree Congress and the public about the ef- incidental or accidental collection of to disagree on the terminology. I don’t fect of this law on Americans’ privacy. these communications unless the gov- believe, though, that Congress intended I think Senator WYDEN and the oth- ernment has obtained a warrant or to authorize the searches when they ers would agree with me that to his emergency authorization permitting voted for the FISA Amendments Act in credit, the Director of National Intel- surveillance of that American. Our 2008. I know I certainly didn’t. ligence in July 2012 agreed to declassify founding principles demand no less. The intelligence agencies have not some facts about how the secret FISA Senator WYDEN and I offered an denied that section 702 gives the NSA Court has ruled on this law. So what amendment during the committee’s the authority to conduct these did we learn from that declassifica- markup of this bill that would have searches, and it is a matter of public tion? Well, specifically, it is now public clarified the law to prohibit such record the intelligence community has information that on at least one occa- searches. Our amendment included ex- sought to preserve this authority. If it sion, the FISA Court has ruled that ceptions for searches that involve a is not classified that intelligence agen- some collection carried out by the gov- warrant or an emergency authoriza- cies have this authority and it is not ernment under the FISA Amendments tion, as well as for searches on phone classified they would like to keep it, Act violated the fourth amendment. calls or e-mails of the people who are we think it is reasonable to tell the The court has also ruled that the gov- believed to be in danger or who consent public whether and how it has ever ernment has circumvented the spirit of to the search, each of which is impor- been used. Yet when Senator WYDEN the law. tant. and I and 11 other Senators asked So much about this law’s impact re- Our amendment to close this back- whether intelligence agencies have al- mains secret. What do I mean by that? door search loophole did not pass in ready done this, we were told the an- Well, for example, Senator WYDEN, I, committee, but we remain concerned— swer was classified. and others have been trying to get a I would say very concerned—that this My concern is that this section 702 rough estimate of how many Ameri- loophole could allow the government to loophole could be used to circumvent cans have had their phone calls or e- effectively conduct warrantless traditional warrant protections and mails collected and reviewed under searches for Americans’ communica- search for the communications of a po- these authorities. The Office of the Di- tions. Especially since we do not know tentially large number of American rector of National Intelligence told us how many Americans may have had citizens. The Senate Intelligence Com- in July 2011 that ‘‘it is not reasonably their phone calls and e-mails collected mittee majority report argues there possible to identify the number of peo- under this law, we believe it is particu- may be circumstances in which there is ple located in the United States whose larly important to have strong rules in a legitimate foreign intelligence need communications may have been re- place to protect the privacy of our fel- to conduct queries on data already in viewed’’ under the FISA Amendments low Americans. its possession, including data from ac- Act. As the majority report noted when cidentally or incidentally collected We are prepared to accept that it the Senate bill passed out of the com- communications of Americans. I would might be difficult to come up with an mittee: ‘‘Congress recognized at the argue, if there is evidence that an exact count of this number, but it is time the FISA Amendments Act was American is a terrorist or spy or in- hard for us to believe that the Director enacted that it is simply not possible volved in a serious crime, the govern- of National Intelligence and the whole to collect intelligence on the commu- ment should be permitted to search for of the intelligence community cannot nications of a party of interest without the communications of that American come up with at least a ballpark esti- also collecting information about the by getting a warrant or an emergency mate. This is disconcerting. Our con- people with whom, and about whom, authorization. cern about numbers is this: If no one that party communicates, including in In that spirit, Senator WYDEN and I has even estimated how many Ameri- some cases nontargeted U.S. persons.’’ have offered this backdoor searches

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This is a court of 11 judges ap- which seeks to instill some trans- gravity of the issues at hand and seri- pointed by the Chief of the Supreme parency to surveillance conducted ously consider and contemplate the ef- Court, all of whom are Federal district under FISA Amendments Act authori- fect of another 5 years of unchanged court judges. ties. FAA authorities. The administration has decided the What is included in this amendment? I appreciate the attention of the program should remain classified, and It requires the Director of National In- Chair and the patience of my col- so we do our level best to provide the telligence to provide information to leagues on this important matter. I information on a classified basis and Congress that we have requested before yield the floor, and I suggest the ab- information is declassified when it can but that we have not yet received, in- sence of a quorum. be. But the Wyden amendment goes a cluding a determination of whether The PRESIDING OFFICER. The step too far. It could remove the classi- any government entity has produced clerk will call the roll. fication from most of this program and an estimate of the number of U.S. com- The assistant legislative clerk pro- create a way to make more informa- munications collected under the FISA ceeded to call the roll. tion public that could well jeopardize Amendments Act; an estimate of such Mrs. FEINSTEIN. Madam President, the future of the program. number, if any exists; an assessment of I ask unanimous consent that the order I think vice chairman CHAMBLISS whether any wholly domestic U.S. for the quorum call be rescinded. would agree with me. One of the things communications have been collected The PRESIDING OFFICER. Without we have seen is that this program is under the FISA Amendments Act; a de- objection, it is so ordered. valuable, and the ability to collect in- termination of whether any intel- Mrs. FEINSTEIN. Madam President, telligence and use that intelligence ligence agency has ever attempted to I note the Wyden amendment has not wisely and, with oversight from appro- search through communications col- yet been called up. Someone may wish priate agencies, this program saves lected under the FISA Amendments to do so. lives in this country. I know there are Act to find the phone calls or e-mails First of all, though vice chairman people trying to attack this country all of a specific American without obtain- CHAMBLISS isn’t here, he said some the time. I know in the last 4 years ing a warrant or emergency authoriza- very nice things, and I just want him there have been 100 terrorism-related tion to do so; and finally, a determina- to know that one of the best experi- arrests. Therefore, the classified infor- tion of whether the NSA has collected ences of my Senate career has been the mation, which is available—but avail- any type of personally identifiable in- ability to work in a bipartisan way in able in a secure room for Members to formation on more than 1 million the Intelligence Committee, to put read—is important. I would urge, as Americans. things together between both sides, vice chairman CHAMBLISS has urged, The amendment states the report and to have staffs working together on that Members go and read this infor- produced by the Director of National both sides. Sometimes that isn’t pos- mation. Intelligence shall be made available to sible, but most of the time it is, and I I would like to quote from the letter the public, but it gives the President think it is the way the Intelligence sent to Speaker BOEHNER, Leader REID, the authority to make any redactions Committee was supposed to function. and Minority Leaders PELOSI and he believes are necessary to protect na- The fact that it does function that MCCONNELL from the Director of Na- tional security. way, I think, is real testimony to Vice tional Intelligence on this provision, Colleagues, I am going to conclude by Chairman CHAMBLISS and the work we section 702, which authorizes surveil- restating my belief that the American have done together. lance directed at non-U.S. persons lo- people need a better understanding of I find this particular amendment cated overseas who are of foreign intel- how the FISA Amendments Act, sec- very frustrating because I have tried to ligence importance. The letter says all tion 702, in particular, has affected the be as helpful as I could over many of the process—and it is pages and privacy of our fellow Americans. I also years in getting information released pages—is carried out in a classified believe we need new protections in a classified form for Members of the form but to inform the Members who against potential warrantless searches committee. In fact, we have been very are the ones to provide the oversight. I for Americans’ communications. I be- successful in that regard. There are ap- mean, we are the public check on the lieve without such reforms Congress proximately eight big reports a year Executive Branch. We are not of the in- should not simply extend the law for 5 now that present information in a clas- telligence community. We are the pub- years. sified function. There are two reports lic, and it is our oversight, it is our due We need to strike a better balance from the Attorney General and the DNI diligence to go in and read the classi- between giving our national security assessing compliance with the tar- fied material. and law enforcement officials the tools geting and minimization procedures So this amendment is an effort to necessary to keep us safe but not dam- and the acquisition guidelines of sec- make more of that information public, age the very constitution we have tion 702. There are also reports re- and I think it is a mistake at this par- sworn to support and defend. National quired on the implementation of title ticular time because I think it will cre- security and civil liberties can coexist. VII. That report includes actions taken ate a risk to the program. I think it We do not need to choose between to challenge or enforce a directive will make us less secure, not more se- them. under section 702, and a description of cure. In Federalist 51, James Madison stat- any incident of noncompliance. There There are parts of the collection ap- ed—and I would like to quote that are annual reviews by each agency re- paratus which are classified, and at great American: sponsible for implementing these sec- this stage they are classified for good In framing a government which is to be ad- tions, regular reviews by the IG of the reason. So I have a fundamental oppo- ministered by men over men, the great dif- Department of Justice and the IG of sition to this amendment. But of more ficulty lies in this: you must first enable the each agency. It goes on and on and on. immediate concern, we have 4 days to government to control the governed; and in Yet there is no satisfaction from some get this bill signed by the President or the next place oblige it to control itself. Senators. this section ceases to function—4 days. The bill that is before us could come I believe that the Senators who sup- This is the House bill that is before closer to that standard if we improve it port this amendment are trying to us. It reauthorizes the program to 2017, through some of the amendments being maximize the public release of this in- and we have been through this before. offered by my colleagues and me, but it formation, but I would encourage Sen- We can make changes. I have tried to does not live up to that standard now. ators to remember that this is a classi- work with Senator WYDEN, to the The American people deserve their pri- fied program. The information is avail- greatest extent possible, by delving

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It is too classified. don’t know what else to do because I protecting our liberties. So under the Mr. REID. We have two very impor- know where this goes, and where it reporting amendment all we require is, tant measures to finish. I appreciate goes is that there may be an intent by first, an estimate, just the question of the collegiality of the Senators on this some to undercut the program. I don’t an estimate and whether it has been most important piece of legislation want to see it destroyed. I want to see done by any entity with respect to col- dealing with the espionage on our us do our job of oversight, which means lecting this information—no new work, country part, and we should be able to reading and studying the classified ma- just a response to the question of work it out tomorrow. But we have 21 terial and, if something isn’t there, whether an estimate has been done. amendments we have to dispose of getting it in a classified manner. Second, we request information on dealing with the supplemental. Some This is a very difficult issue that re- whether any wholly domestic commu- of those will be agreed to and would quires a great deal of study. And con- nications have been collected under not need votes, but we have a lot of de- sider the threats that are out there. If section 702, and then we ask whether bate time on that in addition to votes. it weren’t for the FBI, Najibullah Zazi there have been any backdoor searches If we just did the votes alone, it would would have blown up the New York under the legislation. Finally, we want be 8 hours of voting. subway and it was because of intel- a response with respect to what the Di- We hope to be able to narrow that ligence received that the FBI was able rector of National Security meant down, as soon as we have something to follow him and eventually arrest when he said: ‘‘The story that we have more definite, so the Senator and Sen- him and other co-conspirators. millions or hundreds of millions of dos- ator WYDEN and others can complete If I thought this country was out of siers on people is absolutely false.’’ the time, and set up a time that is ap- danger, it might be different. But I be- That is what we are talking about. I propriate for Senator WYDEN’s amend- lieve we are still at risk, and I believe think, without that information, over- ment. there are people who will kill Ameri- sight in the intelligence field will es- The PRESIDING OFFICER. The Sen- cans if they have the opportunity to do sentially be toothless. This interrupts ator from Georgia. so. One of our jobs here in Congress is no operations in the intelligence field. Mr. CHAMBLISS. Madam President, to see that the intelligence apparatus It does not jeopardize sources and I appreciate the comments of the lead- within the American Government func- methods. It is, in my view, the fun- er. I think the chairman and I—and I tions in a way so that intelligence is damentals of doing real oversight. assume those who have amendments streamlined, that it gets to the right I thank my colleague from Kentucky that will be remaining, I guess one place, that it stops terrorist plots be- for giving me this time, and I close by amendment remaining and then final fore they can be carried out. saying: No disagreement with the dis- passage. If we could complete debate So, I say this in good conscience to tinguished chair in the fact that there tonight, we would be prepared, at the Senator WYDEN. My great fear is that are real threats to this country’s well- pleasure of the leader, to go ahead and all of this information gets declassified being and security, and that is why the finalize the FISA amendments. and put out in public and then some- President is given complete discretion Mr. REID. It would be very impor- thing that reveals sources and methods in order to redact any information that tant to do that. I don’t want to press is disclosed, perhaps even inadvert- would be made public. the Senator from Oregon. He has been ently. Then, before we know it, the I yield the floor, and I thank the Sen- very good and flew all night from his program is destroyed. I don’t want to ator from Kentucky for the time. newborn to get here from Oregon, and see this program destroyed. The PRESIDING OFFICER. The ma- he was here at 10 a.m. I don’t want to The PRESIDING OFFICER. The Sen- jority leader. press him anymore. ator from Oregon. Mr. REID. Madam President, we are I say, through the Chair, to my friend Mrs. FEINSTEIN. I believe his time going to have two or three votes at from Oregon, how does he feel about is up. 5:30. A number of the Senators who finishing the debate tonight? Mr. WYDEN. Madam President, I be- have amendments dealing with the sup- Mr. WYDEN. I wish to thank the dis- lieve I control additional time. How plemental have agreed to come at that tinguished leader who has been so help- much time does our side have remain- time as soon as the votes are over and ful in ensuring that we have a real de- ing? The PRESIDING OFFICER. There is start debating those amendments to- bate. With my colleagues’ indulgence, my 39 minutes of general debate time re- night. We would like to get as much of understanding from the leader is we maining to the Senator from Oregon. that debate out of the way tonight as Mr. WYDEN. Madam President, I am possible so we can start voting at a would have 15 minutes on each side at going to be very brief in terms of re- reasonably early time tomorrow. some point in the morning. If we could The debate today on FISA has been proceed with what I thought was the sponding to Senator FEINSTEIN, the dis- tinguished chair. stimulating, has been very thorough direction we were going, I would very First of all, there is no question the and good. As I understand it, there are much appreciate it. But it should be chair of the committee is correct that three FISA amendments we are going limited to 15 minutes on each side, pro this is a dangerous time. That is spe- to vote on tonight. That will still leave and con, at some point in the session cifically why, at page 6 of my amend- Senator WYDEN’s amendment, and we tomorrow. ment on the report, I include a redac- will worry about taking care of that Mr. CHAMBLISS. Madam President, tion provision. tomorrow sometime. through the Chair, if I could ask the If the President believes that public disclo- I ask unanimous consent that at 5:30 Senator from Oregon, is the Senator sure of information in the report required by any remaining debate time on the talking 15 minutes on his amendment the subsection could cause significant harm pending amendments—Leahy, Merkley, and 15 minutes on passage? Fifteen to national security, the President may re- and Paul—be yielded back and the Sen- minutes on each, on your amendment dact such information from the report made ate proceed to vote in relation to the and vote on it and go to final passage? available to the public. pending amendments in the order pro- Mr. WYDEN. It is fine. Through the The bottom line: If the President be- vided in the previous agreement; that Chair, 15 minutes with respect to our lieves any information that is made there be 2 minutes, equally divided, side reporting the amendment, 15 min- public would jeopardize our country at prior to each vote and that all after the utes on the other side, it will be voted a dangerous time, the President is first vote be 10-minute votes. on, and then we go to final passage. given full discretion with respect to re- The PRESIDING OFFICER. Is there Mr. REID. I would suggest this. When daction. objection? we come in, in the morning, why don’t

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He could not even pass it case in addition to what I just did here. and as I called on them to do again last among the Republicans it was so ab- The PRESIDING OFFICER. Is there week. surd—‘‘he’’ meaning the Speaker. objection to the request as modified? To repeat, the so-called Senate bill is It is very clear now that the Speak- Without objection, it is so ordered. nothing more than a glorified sense of er’s No. 1 goal is to get elected Speaker The Republican leader. the Senate resolution. So let’s put that on January 3. The House is not even Mr. MCCONNELL. Madam President, convenient talking point aside from here. He has told them he will give I am going to proceed in my leader here on out. them 2 days to get back here—48 hours; time. Last night, I told the President we not 2 days, 48 hours. The PRESIDING OFFICER. The Sen- would be happy to look at whatever he They do not even have enough of the ator has that right. proposes, but the truth is we are com- leadership here to meet to talk about it. They have done it with conference THE FISCAL CLIFF ing up against a hard deadline. As I calls. People are spread all over this Mr. MCCONNELL. Madam President, said, this is a conversation we should you will excuse me if I am a little frus- have had months ago. Republicans are country because the Speaker basically is waiting for January 3. The President trated at the situation in which we find not about to write a blank check for campaigned on raising taxes on people ourselves. anything Senate Democrats put for- making more than $250,000 a year. The Last night, President Obama called ward just because we find ourselves at Bush-era tax cuts expire at the end of myself and the Speaker—and maybe the edge of the cliff. That would not be this year. Obama was elected with a others—from Hawaii and asked if there fair to the American people. surplus of 3 million votes. He won the was something we could do to avoid the That having been said, we will see election. He campaigned on this issue. fiscal cliff. what the President has to propose. Again, the Speaker cannot take yes I say I am a little frustrated because Members on both sides of the aisle will for an answer. The President has pre- we have been asking the President and review it and then we will decide how sented him something that would pre- the Democrats to work with us on a bi- best to proceed. Hopefully, there is still vent us from going over the cliff. It was partisan agreement for months—lit- time for an agreement of some kind in response to something the Speaker erally, for months—on a plan that that saves the taxpayers from a wholly gave to the President himself. But would simplify the Tax Code, shrink preventable economic crisis. again, I guess, with the dysfunctional the deficit, protect the taxpayers, and I yield the floor. Republican caucus in the House, even The PRESIDING OFFICER (Mr. grow the economy, but Democrats con- the Speaker cannot tell what they are BLUMENTHAL). The majority leader. sistently rejected those offers. going to do because he backed off even Mr. REID. Mr. President, I am not The President chose instead to spend his own proposal. The House, we hear sure my distinguished Republican his time on the campaign trail. This this so often, is controlled by the Re- counterpart has followed what has was even after he got reelected, and publicans. We acknowledge that. I taken place in the House of Represent- congressional Democrats have sat on would be most happy to move forward their hands. Republicans have bent atives. In the House, as reported by the on something Senator MCCONNELL said over backward. We stepped way out of press and we all know it, one of the they would not filibuster over here, plans—it did not have a name, it was our comfort zone. We wanted an agree- that he would support and that BOEH- not Plan B, I don’t know what plan it ment, but we had no takers. The phone NER would support, if it were reason- never rang. was because they had a number over able. But right now we have not heard So now here we are, 5 days from New there—but this plan was to show the anything. I don’t know—it is none of Year’s Day, and we might finally start American people that the $250,000 ceil- my business, I guess, although I am talking. Democrats have had an entire ing on raising taxes would not pass in very curious—if the Republican leader year to put forward a balanced, bipar- the House. Why did they not have that over here and the Speaker are even tisan proposal. If they had something vote? Because it would have passed. talking. to fit the bill, I am sure the majority They wanted to kill it. The Speaker What is going on here? You cannot leader would have been able to deliver wanted to show everybody it would not legislate with yourself. We have no- the votes the President would have pass the House, but he could not bring body to work with, to compromise. needed to pass it in the Senate and we it up for a vote because it would have That is what legislation is all about, wouldn’t be in this mess. But here we passed. A myriad of Republicans think the ability to compromise. The Repub- are, once again, at the end of the year, it is a fair thing to do and of course licans in the House have left town. The staring at a crisis we should have dealt every Democrat would vote for that. negotiations between the President and with literally months ago. The Republican leader finds himself the Speaker have fallen apart, as they Make no mistake. The only reason frustrated that the President has have for the last 31⁄2 years. We have Democrats have been trying to deflect called on him to help address the fiscal tried mightily to get something done. attention onto me and my colleagues cliff. He is upset because ‘‘the phone I will go over the little drill, to re- over the past few weeks is that they never rang.’’ He complains that I have mind everyone how unreasonable the don’t have a plan of their own that not delivered the votes to pass a reso- Republicans have been. Senator CON- could get bipartisan support. lution of the fiscal cliff, but he is in RAD and Judd Gregg came up with a The so-called Senate bill the major- error. We all know that in July of this proposal to pattern what they wanted ity leader keeps referring to passed year we passed, in the Senate, relief for to do after the Base Closing Commis- with only Democratic votes, and de- middle-class Americans. That passed sion. The Commission would be ap- spite his repeated calls for the House to the Senate. pointed, they would report back to us, pass it, he knows as well as I do that he We know Republicans have buried no filibusters, no amendments, yes or himself is the reason it can’t happen. themselves in procedural roadblocks on no, as we did with the base closings. We The paperwork never left the Senate, everything we have tried to do around did a great job there. We closed bases so there is nothing for the House to here. Now they are saying we cannot do over two different cycles, saving the vote on. the $250,000 because it will be blue- country hundreds of billions of dollars. As I pointed out before we took that slipped. How do the American people We brought that up here—I brought it vote back on July 25, the Democratic react to that? There was a bill intro- up. We had plenty of votes to do it, ex- bill is, ‘‘a revenue measure that didn’t duced by the ranking member of the cept the Republican cosponsors walked originate in the House, so it has got no Ways and Means Committee in the away and wouldn’t vote for it. That is chance whatsoever of becoming law.’’ House, SANDY LEVIN, that called for where Bowles-Simpson came from.

VerDate Mar 15 2010 02:47 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.072 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8419 Again, people talked about why don’t We are in the same situation we have painful. I am one of those who believes, we do Bowles-Simpson? One problem: been in for a long time here. We cannot frankly—I have said it over and over— The Republicans appointed there would negotiate with ourselves because that Social Security should be taken from not vote for it, generally speaking. is all we are doing. Unless we get a the table and put aside for a separate Then we went through the months signoff from the Republicans in the commission, a separate debate. I do not and months of talks between the Presi- House and the Republican leader, we believe it adds a penny to the deficit, dent and BOEHNER. Both times BOEH- cannot get anything done. For them to and it should not be a victim of deficit NER could not deliver because they re- talk about a bipartisan arrangement, reduction when it has nothing to do fused, because of Grover Norquist, to we have done that. The President has with the current deficit. allow any tax revenues whatsoever. We given them one, given them two, given Second, I understand the importance had meetings with Vice President them three, and we cannot get past of Medicaid to those who are young, BIDEN and CANTOR. CANTOR walked out Grover Norquist. We tried hard, but single moms, the disabled, the elderly, of those meetings. He is the majority when there is no revenue as part of the those suffering from mental illness. leader in the House. We had the Gang package, it makes it very hard. JOHN Medicaid is critically important, and of 6, we had the Gang of 8, we had the BOEHNER could not even pass a tax pro- we cannot let that be devastated, par- supercommittee. They were doing good posal that he suggested over there ticularly in a struggling economy when things dealing with entitlements and where he would keep the taxes the so many people are out of work or revenues. One week before they were to same for everybody except people mak- working at jobs without health insur- report by virtue of statute I get a let- ing over $1 million a year. No. Grover ance. ter signed by virtually every Repub- and the boys said, no, can’t do that. He Third, Medicare. In 12 years Medicare lican: Too bad about the supercom- didn’t even bring it up for a vote. will go bankrupt. It will be insolvent. mittee, we are not going to do any- I am here. I am happy to listen to We have to sit down and honestly deal thing with revenues. anything the Speaker and the Repub- with entitlement reform that saves the This is not a capsule of a couple days. lican leader have. They have a way of programs; doesn’t lose them to the This has been going on for years. They getting to the President. They don’t PAUL RYAN budget approach but saves cannot cross over the threshold that need my help. I am happy to work with the programs in a fiscally responsible has been built by Grover Norquist. Peo- them any way I can, but the way way. That is the first thing we should ple who are rich, who make a lot of things have been going it is not a good agree on. Both sides have to come to- money, they are not opposing raising escape hatch we have. They are out of the taxes on them. The only people in gether and be prepared to give. town now for 2 days, 48 hours. That is The second thing is it takes both America who do not think taxes should where we are. sides. What Speaker BOEHNER proved to be raised on the rich are the Repub- The PRESIDING OFFICER. The Sen- us last week is if they try to do so- licans who work in this building. Any- ator from Illinois. time the Speaker and the Republican Mr. DURBIN. Mr. President, I think called Plan B in the Republican caucus: leader come to the President and say all of us understand the gravity of the No hope. But if they take a measure to we have a deal for you, the President’s challenge we face. This so-called fiscal the floor of the House and invite Demo- cratic and Republican support for it, door is always open and mine is too. cliff has been subject to parody and they can pass it. I believe they can, as The PRESIDING OFFICER. The Re- comedy routines, but it is very serious. we can in the Senate. publican leader. If Congress fails to act, enacting a Mr. MCCONNELL. I would only add That is what needs to be done. We measure to be signed by the President, the majority leader has given you his need to have some grassroots efforts in the taxes will go up on every single in- view of the last 2 years. I have cer- the House and the Senate, of Senators come-tax-paying American—every one tainly given you my take on it. The from both sides of the aisle who are American people have spoken, and they of them; not just the wealthy but ev- prepared to work on a bipartisan basis basically voted for the status quo. The eryone. What it means, frankly, is to solve this problem. President got reelected, the Senate is whether one lives in Connecticut, such To say we should have done this long still in Democratic hands and the as the Presiding Officer, or Illinois, ago is to overlook the obvious. Until House is still in Republican hands and such as myself, every family is going to November 6, we didn’t know who the the American people have spoken. see several things happen automati- President would be for this new admin- They obviously expect us to come to- cally. Taxes will go up, the payroll tax istration, and now we do. It would have gether and to produce a result. cut that has helped this economy is been a much different debate with a As I indicated, the President called going to disappear, unemployment ben- different outcome if the American vot- me and probably called others last efits are going to disappear for millions ers had not chosen President Obama to night. My impression is he would like of Americans who are searching for be reelected. So we had to wait until to see if we can move forward. We do work, and many other changes will November 6, honestly, before we could not have very many days left. I have take place, none of which will be favor- seriously take on the important and indicated I am willing to enter into a able in terms of an economic recovery. difficult issues involved in this debate, discussion and see what the President I think we ought to stop and reflect but that time has passed. may have in mind. I know the majority for a moment on lessons learned. Here The President has stepped forward leader would certainly be interested in is what I have learned. If we are going and has made a proposal. He has made what the President has in mind. It ap- to solve this problem, we need to do concessions on his proposal and he con- pears to me the action, if there is any, two things. We need to be prepared on tinues to be here. He flew back from a is now on the Senate side. We will just both sides of the table to give. That is family vacation that I know is as im- have to see whether we are able, on a a hard thing for many people to ac- portant to him as it is to all our fami- bipartisan basis, to move forward. knowledge, but we do; we have to be lies over the holidays to be here in The PRESIDING OFFICER. The ma- willing to give on both sides of the Washington and to be part of the con- jority leader. table. I remember Senator REID receiv- versation and dialog. Mr. REID. Mr. President, we are ing a letter after the supercommittee I hope Speaker BOEHNER will bring going to have to decide, my friend says, was hard at work coming up with a bi- back the House of Representatives. We how we are going to move forward on a partisan proposal. It was signed by vir- cannot do this alone. We must do this bipartisan basis. Even on the Sunday tually every Senator on the other side with their leadership and their co- shows we have just completed, with of the aisle and it said: Do not include operation. The point which has been FOX network, Chris Wallace pushed a penny of revenue. made by Senator REID over and over is one of the Republican leaders very That was the end of the supercom- that this is an issue and a challenge hard: Would you filibuster something mittee. There was no place to go at which we can successfully resolve and the Democrats brought to the floor? He that point. They have to be willing to we must before we go over the cliff. refused to answer the question. He give on revenue, and we have to be Mr. President, the pending business would not say, and he kept being willing to give on our side, particularly is amendments to the FISA reauthor- pressed. in the area of entitlements. That is ization bill. I rise to speak about that

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It does not have ade- rights of American citizens. years and strengthen the authority of quate checks and balances to protect Earlier this year, I received a classi- the inspector general. the constitutional rights of innocent fied briefing on the FISA Amendments I am also cosponsor of an important American citizens. Although this legis- Act, and I am as concerned now as I bipartisan amendment offered by Sen- lation is supposed to target foreign in- was 4 years ago that the legislation ator RON WYDEN, who is on the floor. telligence, it gives our government does not include sufficient checks to Senator WYDEN, together with Senator broad authority to spy on Americans in protect the constitutional rights of in- MARK UDALL, Senator LEE, and myself, the United States without adequate nocent Americans. has joined an amendment which would oversight by the courts or by Congress. The FISA Amendments Act is sup- require the director of National Intel- It is worth taking a moment to re- posed to focus on foreign intelligence, ligence to provide a report to Congress view the history that led to the enact- but the reality is that this legislation that includes, among other things, in- ment of the FISA Amendments Act. permits targeting an innocent Amer- formation on whether any intelligence After 9/11, President George W. Bush ican in the United States as long as an agency has ever attempted to search asked Congress to pass the PATRIOT additional purpose of the surveillance the communications collected under Act. Many of us were concerned that is targeting a person outside the this legislation to find the phone calls the legislation might go too far, but it United States. This is known as re- or e-mails of a specific American with- was a time of national crisis and we versed targeting of American citizens. out a warrant. Isn’t this the kind of in- wanted to make sure the President had The 2008 Judiciary Committee bill, formation Congress and the American the authority to fight terrorism. We which I supported, would have pre- people should have? did not know then that shortly after vented reverse targeting by prohibiting Senator WYDEN is a senior member of we passed the PATRIOT Act, the Bush warrantless surveillance if a signifi- the Intelligence Committee. He is of- administration began spying on Amer- cant purpose of the surveillance is tar- fering this amendment because he has been frustrated in his attempts to ob- ican citizens in the United States with- geting a person in the United States. tain basic information about the use of out the judicial approval otherwise re- We have a Constitution and a due proc- surveillance powers by our government quired by law and without authoriza- ess procedure spelled out when it authorized by the FISA Amendments tion from Congress. comes to surveillance of American citi- Act. Years later, the Judiciary Committee zens. The FISA Amendments Act has Earlier this year, Senator WYDEN and on which I serve heard dramatic testi- found a way around it, and I think that Senator MARK UDALL asked the Office mony from former Deputy Attorney is a fatal flaw. of the Director of National Intelligence General Jim Comey about the efforts of The FISA Amendments Act permits a fundamental question: How many the government to collect every single Andrew Card and White House counsel Americans have been subjected to sur- phone call and e-mail to and from the Alberto Gonzales to pressure Attorney veillance under the FISA Amendments General John Ashcroft into reauthor- United States. This is known as bulk Act? The Office of the Director of Na- izing this surveillance of American collection. The 2008 Judiciary Com- tional Intelligence claimed it is not citizens while Ashcroft was in the hos- mittee bill would have prohibited bulk possible to answer that question. At a pital. collection of communications between minimum, before the Senate acts to ex- After the New York Times revealed innocent American citizens and their tend the FISA Amendments Act, Sen- the existence of the warrantless sur- friends and families outside the United ators should be given any information veillance program, the Bush adminis- States. the intelligence community has about tration demanded that Congress pass The FISA Amendments Act also per- whether innocent Americans have had legislation authorizing the program. mits the government to search all the their private e-mails and phone con- This led to enactment of the FISA information it collects during this bulk versations swept up by FISA Amend- Amendments Act in 2008. In short, this collection. The government can even ments Act collection. legislation was born in original sin. search for the phone calls or e-mails of I am pleased to be a cosponsor of the Congress added some oversight re- innocent American citizens, and these bipartisan amendment that has been quirements and civil liberties protec- searches can be conducted without a offered by Senators JEFF MERKLEY and tions to the Bush administration’s court order. This kind of backdoor MIKE LEE. The Foreign Intelligence warrantless surveillance program, but warrantless surveillance of U.S. citi- Surveillance Act is interpreted by a se- they did not go far enough. That is why zens should not be allowed. Both par- cret court known as the Foreign Intel- I opposed the original FISA Amend- ties ought to stand for our Constitu- ligence Surveillance Court. The ments Act, along with the majority of tion. Merkley-Lee amendment would require Democratic Senators. I supported an Earlier in this year in the Judiciary that significant legal interpretations of earlier version offered by Senator Committee’s markup of FISA Amend- FISA by this secret court be declas- LEAHY, chairman of our Judiciary ments Act reauthorization, Senator sified. The concept of secret law is Committee, which would have author- MIKE LEE and I offered a bipartisan anathema to a democracy. The Amer- ized broad surveillance powers but in- amendment to prohibit backdoor ican people have a right to know how cluded civil liberties protections. warrantless surveillance of Americans. the laws passed by their elected rep- In 2008, the Bush administration ac- Unfortunately, our amendment did not resentatives are being interpreted and cused opponents of this legislation of pass, so Americans will still be at risk implemented. not understanding the threat of ter- for this kind of surveillance if the I wish to thank Senators MERKLEY rorism. Vice President Cheney went so FISA Amendments Act is reauthorized. and LEE for taking up this cause. Back far as to say: ‘‘The lessons of Sep- I am pleased the Senate will consider in 2003, I worked on a provision in the tember 11th have become dimmer and a number of amendments that will at 9/11 intelligence reform bill that would dimmer in some people’s minds.’’ least add some transparency and over- have required the declassification of I am sorry some supporters of this re- sight to the FISA Amendments Act so significant legal interpretations by the authorization legislation have repeated Congress and the American people will FISA Court. Unfortunately, that provi- this claim of the Bush administration know about how the government is sion was removed from the final bill at by suggesting that those of us who using this authority. the insistence of the Bush administra- want to protect the privacy of innocent I wish to thank majority leader Sen- tion. Americans believe the threat of ter- ator REID for ensuring that the Senate Former Senator Russ Feingold, my rorism has receded. That is not the will have the opportunity to debate predecessor as chairman of the Con- case. The American people will never and vote on these amendments. stitution Subcommittee, was also an

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This is an important issue, quire the inspector general of the Intel- the elements required in the annual re- and I hope the Senate will approve the ligence Community, ICIG, to conduct a views are geared more toward the ac- Merkley amendment. mandatory review of U.S. person pri- tual collectors of the foreign intel- I am not aware of any substantive vacy rights in the context of the FISA ligence information than they are to- objections to the Leahy, Wyden, and Amendments Act implementation. If ward downstream IC elements that are Merkley amendments. The only con- we truly believe this sort of review by already required to comply with cern I have heard is that if the Senate the ICIG is necessary, we don’t need a FISA’s retention, dissemination, and approves one of these amendments, statutory provision. We can simply get use limitations. this bill will have to go back to the a letter from the Intelligence Com- The Intelligence Committee has been House for final approval. There are still mittee directing that be done, and it conducting oversight on this collection 4 days before the end of the year, when will be done. So trying to think we program long before it was ever codi- the FISA Amendments Act expires, need a statutory provision on that type fied in the FISA Amendments Act. We which is plenty of time for the House of issue—if there is any contemplation worked closely with the Judiciary to vote on the bill the Senate passes. that it exists—is simply not necessary. Committee to carefully monitor the Even with these amendments, I am I am also concerned the Leahy sub- implementation of the FAA authorities concerned this reauthorization of the stitute incorrectly elevates the ICIG to by the executive branch. In the end, I FISA Amendments Act does not in- the same level as the Attorney General am fully satisfied the FAA is working clude the checks and balances needed and the Director of National Intel- exactly as intended and in a manner to preserve our basic freedoms and lib- ligence by adding the ICIG as a recipi- that protects our rights as Americans. erties. I believe we can be both safe and ent of FISA Amendments Act reviews As I have just explained, I do not be- free. We can give the government the that are conducted by the DOJ IG and lieve Senator LEAHY’s proposed changes are necessary, nor do I believe authority it needs to protect us from other intelligence community element they improve upon the current prac- terrorism but place reasonable limits inspectors general. That doesn’t make on government power to protect our tice. a lot of sense because the attorney gen- I wish to just quickly address what constitutional rights. eral and the DNI are the only ones re- I yield the floor. the Senator from Illinois said about sponsible for jointly authorizing the The PRESIDING OFFICER. The Sen- the collection on U.S. persons. If one is ator from Georgia. collection of foreign intelligence infor- collecting on someone who is in Paki- Mr. CHAMBLISS. Mr. President, I mation under the FAA. They are the stan and they call somebody in the rise in opposition to the legislation we ones who need to review compliance as- United States, he may be a U.S. citizen are going to be voting on today. I want sessments conducted by the relevant or he may be a non-U.S. citizen, and if to refer to the Leahy amendment just IGs, including those conducted by the we are collecting on him under a prop- referred to by the Senator from Illi- ICIG. er court order, there can be at times nois. If there is concern about whether the collection on somebody inside the Senator LEAHY’s amendment will act ICIG can even conduct these type of re- United States. But the FISA Amend- as a complete substitute to the bill views, then I think the FAA is clear on ments Act has a provision for dealing that is on the floor and, if passed, it that point. Since the ODNI is author- with that so that we have what we call will require a conference with the ized to acquire or receive foreign intel- minimization provisions in place that House of Representatives. It is Decem- ligence information, the ICIG can con- immediately do not allow the use of ber 27, and the House is not coming duct these reviews to the same extent any information collected on a U.S. back until the December 30. There sim- as any other inspector general of an citizen in an unlawful manner. ply is not time, even if the amendment element of the intelligence commu- The FISA Court is very tough, they was substantive enough that it ought nity. He doesn’t need redundant statu- are very strict, and they don’t just to be considered for passage, to get tory authorization. grant an authority to allow our intel- that conferenced with the House and It is important to understand that ligence community to gather informa- get this bill on the desk of President by the word ‘‘acquire’’ as used here tion on foreign suspects or foreign enti- December 31, which is when these pro- doesn’t mean acquisition in the actual ties or somebody who is working for a visions expire. physical collection of foreign intel- foreign power in any kind of household The first change the Leahy amend- ligence information. Rather, ‘‘acquir- manner. They are very strict in their ment makes is to reduce the extension ing’’ here simply means to come into requirements of what must be shown in sunset from December 31, 2017, back to possession or control of, often by un- order to be able to collect. So in the December 1, 2015. That date coincides specified means. We know this because rare times there is a U.S. citizen on the with the expiration of certain other in the annual review provision in the other end of the line, the minimization FISA provisions; namely, the roving very next paragraph sought to be provisions kick in, and they work. wiretap authority, the business records amended, the FAA uses the more pre- They work very well. The Leahy sub- court orders, and the lone wolf. cise conducting and acquisition termi- stitute simply will not allow the com- It may seem like it ought to make nology which clearly indicates that it munity to do the job we need to get sense that we have all of these expiring affects only those elements that are ac- done. at that time but, frankly—having been tually collecting foreign intelligence Secondly, I wish to address the involved in the intelligence community information. Merkley amendment. Again, I oppose for the last 12 years—it actually works This same annual review provision this amendment. When Congress cre- in reverse from that and it would have would also be modified by section 4 of ated the FISA Court back in 1978, it a negative influence on the community Senator LEAHY’s amendment. His was understood that this court would itself. changes would expand the agency have to operate behind closed doors If we match the FAA sunset with the heads responsible for conducting these given the sensitivity of the national se- PATRIOT Act and IRPTA sunsets, it annual reviews to any agency with tar- curity matters the court considers. provides no real benefit to congres- geting or minimization procedures as Each time FISA has been amended, sional oversight and could actually in- opposed to the current law, which ap- whether it is section 501 dealing with crease the risk that all these authori- plies to only those agencies that are business records or 702 relating to tar- ties will expire at the same time. If actually responsible for conducting an geting foreign terrorists overseas, Con- they all expired at the same time, the acquisition; that is, the physical col- gress has maintained the same high community would certainly be at a lection of foreign intelligence informa- level of protection for the court’s deci- real disadvantage from an operational tion. sions. The Merkley amendment would standpoint. Right now, any IC element that re- make those decisions public. The Leahy amendment also makes a ceives downstream FISA collection Section 601 of FISA already requires number of modifications to the execu- must comply with FISA’s retention, the Attorney General to provide copies

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So there are some reporting re- vestigative authorities. amendment says it can never be used quirements right now in place. This amendment sets a dangerous in a criminal prosecution. The message The Merkley amendment would fur- precedent and would undermine some here to banks, hotels, shipping compa- ther require the Attorney General to of our most sensitive investigations nies, fertilizer stores, you name it: declassify and make available to the and investigative techniques. Passing Don’t bother being Good Samaritans public any of those decisions that re- it would also impede our chances of and give law enforcement tips about late to section 501 business record getting a clean FAA extension to the suspicious activities. We will just take court orders or section 702 overseas President, as I mentioned earlier in my our chances and hope we get enough targeting provisions. comments. probable cause in time to stop what- I believe the American people under- Lastly, I wish to quickly mention the ever crime or terrorist act may be stand there are certain matters that Paul amendment. Again, I am going to planned. simply do not need to be made public, oppose this amendment because it is Simply stated, this amendment is particularly when it comes to dealing inconsistent with the Constitution and contrary to case law and contrary to with bad guys around the world, men it contradicts decades of established constitutional provisions. who get up every morning and think Supreme Court precedent and Federal I urge all of my colleagues to vote about ways they can harm and kill law. Contrary to what this amendment against the Paul amendment, the Americans. Our folks in the intel- says, there is no fourth amendment Merkley amendment, as well as the ligence community are doing a darn violation when the government gets in- Leahy amendment when we begin vot- good job of gathering information on formation from a third party about a ing at 5:30. those types of individuals. Those are person who has voluntarily given that The PRESIDING OFFICER. The Sen- ator from Oregon. not the types of FISA Court orders, information to the third party. The Mr. MERKLEY. Mr. President, will given by the court to gather that infor- Paul amendment would limit the abil- ity of our intelligence community and my colleague from Georgia yield for a mation that ought to be made public. question? our prosecutors to take information In matters concerning the FISA Mr. CHAMBLISS. Sure. I would be that a bad guy has given to a third Court, the congressional Intelligence happy to. and Judiciary Committees serve as the party, and we get that information Mr. MERKLEY. I thank the Chair, eyes and ears of the American people. from a third party, from that informa- and I thank my colleague. Through this oversight, which includes tion being used in a prosecution My colleague did address issues re- being given all significant decisions, against that bad guy. garding the Merkley-Lee amendment, orders, and opinions of the court, we In the U.S. v. Miller 1976 Supreme which has three stages in it designed to can ensure that the laws are being ap- Court case, the Court stated that it be sensitive to national security. It plied and implemented as Congress in- ‘‘has repeatedly held that the Fourth says that if the Attorney General de- tended. Amendment does not prohibit the ob- termines that an opinion is not dan- If a significant FISA Court decision taining of information revealed to a gerous to national security, it asks raises concerns, the Intelligence and third party and conveyed by him to them to release it to the public. It says Judiciary Committees will ask ques- Government authorities, even if the in- that if the Attorney General finds that tions—and we have done that from formation is revealed on the assump- it is sensitive to national security, to time to time. We hold hearings, we get tion that it will be used only for a lim- release only a summary so written as briefings, we receive notifications and ited purpose and the confidence placed to protect national security. Then it semiannual reports—all designed to in the third party will not be be- goes even further to say that if, in the give Congress good insight into the trayed.’’ Clearly, that is language di- Attorney General’s opinion, that is not real-life applications and interpreta- rectly contrary to the Paul amend- possible, then please just give us a re- tions of the FISA Act. This amendment ment. The Paul amendment says the port on the process the executive does nothing to advance that over- government would always have to ei- branch has already said they are doing, sight, but it could cause real oper- ther have consent or a search warrant which is to go through a systematic ational problems. If we put in the pub- to get information held by the third process of determining what they feel lic domain declassified opinions or un- party in a system of records. should be released independent of any classified summaries of the most sig- This amendment would have a sig- advice we in the Senate might have. nificant court orders, we would give nificant impact not just on criminal So in these three stages, national se- our enemies a roadmap into our collec- cases, from drugs to violent crime to curity is given full consideration at tion priorities and capabilities. child offenses, but on national security each step. What it means is that in a I know one of the responses is going matters. Often, the information ob- situation where we have language such to be that the specific intelligence tained from a system of records as de- as ‘‘the government can collect infor- sources and methods could be redacted, scribed in this amendment is what we mation relevant to an investigation,’’ but that only solves part of the prob- call building-block information. It is and the public wonders, well, is that in- lem. These guys we are dealing with, the basic information the law enforce- vestigation any investigation in the these bad guys around the world are ment and intelligence communities use world, is it—what does ‘‘relevant’’ smart guys. They are not idiots. When to build an investigation long before mean? What does ‘‘tangible informa- they look at a declassified piece of in- there may be probable cause. This type tion’’ mean? There are decisions that telligence information that has re- of information can be used not just to may confirm that the plain language dacted portions, they are able to piece build cases but to rule out people as operates in a fashion that protects the the puzzle back together again and fig- suspects—in short, ensuring they won’t fourth amendment or those interpreta- ure out exactly who those sources are be subjected to more intrusive and in- tions of FISA may, in fact, stand the and what their methods are, which is vestigative measures such as search statute on its head and open a door going to put our intelligence gatherers warrants. Yet this amendment elevates that was meant to be, by what we did in jeopardy from a national security building-block information in the when we passed it here, open just a slit, standpoint. hands of a third party to the equiva- to be turned into a wide-open gate. There is already substantial over- lent of privately held information in So with those provisions to carefully sight of sections 501 and 702 by the which there is reasonable expectation protect national security, as the Sen- FISA Court, the Department of Jus- of privacy. Even though a person vol- ator so rightly pointed out is nec- tice, the intelligence community, and untarily hands over information to a essary, can I perhaps win the Senator’s the Congress. I can’t think of any two third party, this amendment says we support?

VerDate Mar 15 2010 02:47 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.053 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8423 Mr. CHAMBLISS. Well, here is my goodness. What was intended to be a or small, I believe we must enforce problem with that provision, and it is door open 1 inch is a door flung open meaningful protections for cir- twofold. First of all, there is the pro- like a barn gate, and the fourth amend- cumstances when the government verbial elephant’s nose under the tent ment is in serious trouble. That should searches through its database of cap- theory, that this is the beginning of be debated here. tured communications looking for in- opening other things down the road. I Certainly, the amendment Senator formation on individual American citi- think that in this world in which we LEE and I have put forward is very sen- zens; otherwise, by means of these so- operate, this cloak-and-dagger world of sitive to the concerns my colleague has called backdoor searches, the govern- the intelligence community—and we presented. I do appreciate his view- ment may conduct significant don’t often like to think about the fact points. But, Mr. President, through you warrantless surveillance of American that it is necessary in modern times, I ask my colleagues to weigh in on the persons. I believe this current practice but it is more necessary today than side that the American people have a is inconsistent with core fourth amend- ever before because of the enemy we right to know what the plain language ment privacy protections and needs to face—I think there is a real danger in of the statute actually means after be reformed. beginning to open any of those opin- being interpreted by a court. During consideration of FISA in the ions. Thank you. Judiciary Committee, Senator DURBIN The second part of it is kind of tied I suggest the absence of a quorum. and I offered a bipartisan amendment to that as well. As I said earlier, these The PRESIDING OFFICER. The to address this very problem. The lan- folks we are dealing with are very clerk will call the roll. guage of our amendment is identical to smart individuals. These bad guys The legislative clerk proceeded to that offered by Senators WYDEN and carry laptops, they communicate with call the roll. UDALL during consideration of FISA by encrypted messages that we have to Mr. LEE. Mr. President, I ask unani- the Select Committee on Intelligence. try to pick up on with the right kinds mous consent that the order for the The amendment clarifies that section of authorizations that the FISA Court quorum call be rescinded. 702 does not permit the government to gives us and do our best to figure out The PRESIDING OFFICER. Without search its database of FISA materials what they are doing in advance of them objection, it is so ordered. to identify communications of a par- taking any action. And while we may Mr. LEE. Mr. President, no one dis- ticular U.S. person. In effect, it would require the govern- not think about a provision in an opin- putes the vital importance of our na- ment to obtain a warrant before per- ion coming out of the FISA Court tional security. Indeed, in Federalist forming such queries involving an being a tipoff to bad guys about what No. 41, James Madison noted that American person’s communications. we are doing or, more significantly, ‘‘[s]ecurity against foreign danger is The amendment is limited in scope. It what they are doing that is alerting us, one of the primitive objects of civil so- excludes from the warrant requirement you better believe those guys are going ciety,’’ and he emphasized that such se- instances where the government has to be examining every one of these curity ‘‘is an avowed and essential ob- ject of the American Union.’’ Govern- obtained an emergency authorization, opinions that we make public, and they circumstances when the life or physical are going to be reviewing those opin- ment officials have a solemn duty, par- ticularly in the age of global terrorism, safety of the American person targeted ions, and they are going to, at some by the search is in danger and the to help ensure that the American peo- point in time, pick up on some small search is for the purpose of assisting piece of information that is going to ple are safe and secure. Yet at the same time, the govern- that same person, and in instances give them a shortcut next time they where the person has consented to the ment also exists to do a lot more than plan an attack against America or search. just promote security. Its most funda- Americans. Moreover, the warrant requirement So I think for us to say that it is the mental purpose is to protect our nat- would apply only to deliberate searches personal opinion of the Attorney Gen- ural and inalienable liberties. Safe- for American communications and eral that, well, maybe this does not in- guarding individual rights and liberties would not prevent the government volve national security, but maybe it is the bedrock of American Govern- from reviewing, analyzing, or dissemi- does, and we ought to go through those ment. In the words of our Nation’s nating any American communications other steps that the Senator alluded founding document, the Declaration of collected under FISA and discovered to—those bad guys are going to be Independence, it is ‘‘to secure these through other types of analysis. looking at every single one of those, rights [that] Governments are insti- FISA rightly requires that the gov- and at some point in time it is going to tuted among Men.’’ ernment obtain a warrant anytime it come back to haunt us. In our quest for ever-greater secu- seeks to conduct direct surveillance on Mr. MERKLEY. I thank my colleague rity, we must be mindful not to sac- a U.S. person. Indirect surveillance of for sharing his insights. And certainly rifice the very rights and liberties that U.S. persons by means of backdoor national security is extremely impor- make our safety valuable. As Benjamin searches should be no different. No one tant. I obviously reach a different con- Franklin put it, ‘‘Those who would give disputes that the government may clusion. up essential liberty to purchase a little have a legitimate need to search its I encourage my colleagues to support temporary safety, deserve neither lib- FISA database for information about a the amendment that Senator LEE and I erty nor safety.’’ U.S. person, but there is no legitimate have put forward because it appro- I worry that in seeking to achieve reason why the government ought not priately balances national security temporary safety, some of the authori- first obtain a warrant, while articu- concerns against issues of privacy and ties we have given the government lating and justifying the need for its the fourth amendment. It says simply under FISA may compromise essential intrusion on the privacy of U.S. per- that where national security is not af- rights and liberties. In particular, I am sons. Our constitutional values demand fected, the public should be able to see concerned about the government’s abil- nothing less. these interpretations of what the stat- ity, without a warrant, to search Unfortunately, we will not be voting utes we write in this Chamber mean so through FISA materials for commu- on such an amendment later today, so the public can weigh in on whether nications involving individual Amer- our reauthorization of FISA will in- they feel comfortable with where the ican citizens. I worry that this author- clude a grant of authority for the gov- secret court has taken us and so we can ity is inconsistent with and diminishes ernment to perform backdoor searches, weigh in, so we can have a debate on the essential constitutional right each seeking information on individual this floor not about our best guess of us has ‘‘to be secure . . . against un- American citizens without a warrant. I about what possible implications might reasonable searches and seizures.’’ believe such searches are inconsistent occur from some secret court opinion, We do not know the precise number with fundamental fourth amendment but we can actually share a situation of communications involving American principles. For this reason, I cannot where national security is not affected. citizens that the government collects, support the FISA reauthorization, and Well, here is how related to investiga- stores, and analyzes under section 702 I urge my colleagues to oppose the bill tions it has been interpreted: Oh my of FISA. Whether this number is large in its current form.

VerDate Mar 15 2010 02:47 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.054 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8424 CONGRESSIONAL RECORD — SENATE December 27, 2012 I would like next to speak about a lance. The FISA Amendments Act of tangible things. The explosion of data few amendments I think would make 2008 gave the government broad au- sharing and data storage has made our some improvements to this legislation, thority to surveil phone calls and e- economy more responsive and more ef- nonetheless. I would like to first speak mails of people reasonably believed to ficient, but it also creates the potential on the Merkley-Lee amendment, which be foreigners outside the United for government abuse. would require declassification of sig- States. Despite the intent that this au- Congress has a fundamental responsi- nificant FISA Court opinions. thority be directed at noncitizens who bility to protect the individual lib- The FISA Court is authorized to are located abroad at the moment the erties of Americans by ensuring that oversee requests for surveillance both surveillance is collected, officials have the Constitution’s core fourth amend- inside and outside of the United States. acknowledged that communications by ment protections are not eroded by the Given the sensitive nature of these re- Americans may be swept up in the gov- operation of changed circumstances, by quests, it is necessarily a secret court, ernment collection of those same ma- new techniques that are made possible a court whose rulings, orders, and terials. and in some cases made necessary by other deliberations are and remain I believe it is critical for both Con- new technology. But Congress has classified. Yet, although much of the gress and the public to have access to failed to do this. court’s work must properly be kept information about the impact of these Some court rulings have likewise confidential, it must not operate with- FISA authorities on the privacy of in- fallen short of protecting the full out meaningful oversight. dividual Americans. Only with such scope, the full spirit of the fourth Beyond the straightforward applica- knowledge can we reasonably assess amendment as it applies to our world tion of the law to specific and some- whether existing privacy protections of complex data sharing. Courts have times highly classified circumstances, are sufficient or whether reforms attempted in good faith to determine FISA Court rulings may include sub- might be needed. Yet senior intel- whether individuals have a reasonable stantive interpretations of governing ligence officials have declined to pro- expectation of privacy in different legal authorities. As is true in every vide in a public forum the necessary in- kinds of information that they might court called on to construe statutory formation to such discussion and such share with third parties, sometimes on- text, FISA Court interpretations and analysis. line, but the results of many of these applications are influential in deter- In particular, it is essential that we rulings are a varied and unpredictable mining the contours of the govern- learn the extent to which Americans’ legal landscape in which many do not ment’s surveillance authorities. Unlike communications are collected under know and cannot figure out whether specific sources of information or par- FISA, whether this includes any whol- they can rely on the fourth amendment ticular methods of surveillance collec- ly domestic communications, and to protect sensitive information they tion, which are properly classified in whether government officials subse- routinely share with others for a lim- many instances, I believe the FISA quently searched through those com- ited business purpose. Court’s substantive legal interpreta- munications and conducted Congress needs to act to preserve the tion of statutory authorities should be warrantless searches of phone calls and fourth amendment’s protections as made public. e-mails related to specific American they apply to everyday uses, including A hallmark of the rule of law which persons. This modest compromise in routine use of the Internet, use of cred- is a bedrock principle upon which our this modest, commonsense amendment it cards, libraries, and banks. Absent Nation is founded is that the require- requires the Director of National Intel- such protections, individuals may in ments of law must be made publicly ligence to provide this information and time grow wary of sharing information available—available for review, avail- report back to Congress regarding the with third parties. able for the scrutiny of the average privacy impact of the FISA Amend- I am cognizant that this area of the American. ments Act. Given the sensitive nature law is complex. It is full of changes. It The Merkley-Lee amendment estab- of this information, our amendment is full of instances in which we have to lishes a cautious and reasonable proc- provides for necessary redactions to undertake a very delicate balancing ess for declassification consistent with protect core national security interests act. Nevertheless, much work remains the rule of law. Its procedures are lim- that would be important to our coun- to be done to ensure that the fourth ited in three key respects: try and help keep us safe. amendment protections are here and First, the pathway for declassifica- Providing Congress with answers to that they are real and that they ben- tion applies only to the most impor- these critical questions should be a rel- efit Americans and they do so in a way tant decisions that include significant atively uncontroversial exercise. It that does not interfere with legitimate instruction or interpretation of the should be a no-brainer. Only with such law enforcement and national security law. information can we do our job of ensur- activities. We must not shy away from Second, declassification must pro- ing a proper balance between intel- the task simply because it is hard. It is ceed in a manner consistent with the ligence efforts on the one hand and the daunting, but it is possible and it is protection of national security, intel- protection of fundamental individual necessary. Congress must act to pre- ligence sources and methods, and other rights and liberties on the other hand. serve Americans’ constitutional right properly classified and sensitive infor- Finally, I would like to speak on the to be secure in their persons, their pa- mation. Paul amendment, the Fourth Amend- pers, and effects against unreasonable Third, the process contemplates in- ment Preservation and Protection Act. searches and seizures. stances where the Attorney General de- The fourth amendment protects the The PRESIDING OFFICER (Mr. termines declassification is not pos- right of the people to be secure in their FRANKEN.) The Senator from Montana. sible in a manner that protects na- persons, papers, and effects against un- Mr. TESTER. I would like to talk tional security. In such cases, the proc- reasonable searches and seizures. At its about the FISA Amendments Act. I ess requires only an unclassified sum- core the Constitution protects our thank Senator WYDEN for his leader- mary opinion or a report on the opin- right to be free from unwarranted gov- ship on this issue and for offering an ion that happened to remain classified. ernment intrusion in our affairs absent amendment to this act that I have co- This modest and bipartisan amend- probable cause, which the government sponsored and will speak on in just a ment will help ensure that we are gov- must set forth with specificity to a minute. erned by the rule of law, that govern- court in an application for a warrant. On our vote tomorrow, I will say that ment activities are made by applying It is undisputed that absent exigent I will reluctantly plan to oppose the legal standards known to the public, circumstances, consent, or a warrant, vote on the FISA Amendments Act and that we remain, in John Adams’ fa- the government may not intrude upon when we get to final passage. There are mous formulation, ‘‘a government of a person’s home and search through his many reasons for that. I am not naive. laws and not of men.’’ papers and personal effects. But we no I do understand there are people out I would like next to speak on the longer keep our most sensitive infor- there who want to do harm to our Na- Wyden amendment to require a report mation solely in the form of physical tion. I very much appreciate the folks on the privacy impact of FISA surveil- papers, physical documents, and other in the intelligence community who do

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There is $56 million simply extending current law for 5 effect. for tsunami cleanup on the west coast, more years is irresponsible, and it is The PRESIDING OFFICER. Without which, of course, does not relate to not a reflection of our values. objection, it is so ordered. Sandy. There is a lot of new author- izing language for reform of disaster There are a few ways this bill falls f short. I am especially concerned about relief programs, which I would support the practice of reverse-targeting. The DEPARTMENT OF DEFENSE through the regular process. But with- deputy majority leader talked about it APPROPRIATIONS ACT—Resumed out having gone through the author- about an hour ago. The PRESIDING OFFICER. The Sen- izing committee, I don’t think that is a The intelligence community does not ate will proceed to the consideration of good idea. need a warrant to conduct surveillance H.R. 1, which the clerk will now report Our proposed alternative provides on someone located overseas. I think by title. $23.8 billion in funding for the next 3 months. We are not saying this is the we can all agree there is no problem The legislative clerk read as follows: there. The problem comes when the in- be-all and end-all of what Congress will A bill (H.R. 1) making appropriations for ultimately fund to meet the needs of telligence community conducts sur- the Department of Defense and the other de- veillance on someone overseas where partments and agencies of the Government those who have been impacted by the real purpose is to gain information for the fiscal year ending September 30, 2011, Sandy. We are simply saying that be- about someone right here in America. and for other purposes. fore rushing to a number, which has That can happen without a warrant, Pending: not been fully scrubbed, fully looked at, plans haven’t been fully developed and we should not let that happen Reid amendment No. 3395, in the nature of yet—and that is understandable—we without a warrant. a substitute. think it most important we provide Our national security is not threat- AMENDMENT NO. 3391 TO AMENDMENT NO. 3395 ened if we require this information to emergency funding for those in imme- (Purpose: In the nature of a sub- diate need over the next 3 months. be tagged and sequestered and subject stitute.) We have carefully worked with to judicial review. It would merely en- Mr. COATS. Mr. President, I call up FEMA Director Fugate and we have sure that the information intercepted amendment No. 3391. worked with Secretary Donovan at overseas in the form of communica- The PRESIDING OFFICER. The HUD. We have worked through the Ap- tions to or from an American citizen clerk will report. propriations Committee to identify would have to be overseen by the The legislative clerk read as follows: those specific needs that get to the courts. Current law is supposed to pro- emergency situations under which this hibit this practice, but there really is The Senator from Indiana [Mr. COATS] pro- poses an amendment numbered 3391. bill is titled. It provides funding for no way to enforce the prohibition. That (The amendment is printed in the States to allow them to begin to re- leaves the door open for abuse. That is build but also leaves us time to review simply unacceptable. RECORD of December 17, 2012, under ‘‘Text of Amendments.’’) what additional funds might be needed. Unfortunately, neither Senator So rather than throwing out a big WYDEN nor I are able to offer our The PRESIDING OFFICER. The Sen- ator from Indiana. number and simply saying let us see amendments that would address this what comes in under that number, let Mr. COATS. Mr. President, I am cog- hole in our privacy rights. us look at the most immediate needs nizant of the fact that we will have a We can do better. We can also do bet- that have to be funded now and provide series of votes beginning in just 15 min- ter when it comes to transparency. The a sufficient amount of funds in order to utes, and so even though the unani- simplest amendment the Senate can do that. In fact, the amount we are mous consent request on this amend- approve today is the one I am proud to providing would extend, in terms of ment is for 30 minutes equally divided, consponor. It is the Wyden amendment outlays, far beyond March 27, but we I am going to try to judiciously use to require the Director of National In- want those mayors and we want those this time between myself and Senator telligence to report to Congress on the Governors to be able to begin the plan- ALEXANDER to explain why we are of- impact of FISA amendments on the ning process of looking how they would privacy of American citizens. It is a fering this amendment, and hopefully go forward. We also want, in respect to commonsense amendment. our colleagues will be persuaded to sup- our careful need, to carefully look at The report could be classified but port us when we vote on this probably how we extend taxpayer dollars. would no longer allow the intelligence tomorrow. We want to allow this 3-month period community to ignore requests for in- We are all, of course, sensitive to the of time for which the relevant commit- formation from Congress. Why in the pain and damage inflicted by Mother tees in the Senate and the House of world do we not require the intel- Nature in the Northeast. In fact, some Representatives can look at these ligence community to be accountable of the Northeast is getting some more plans, can document the request, can to us for its actions? It is our responsi- of that pain with a storm up there examine the priorities that might be bility in Congress to hold the entire ex- today. needed and then put a sensible plan in ecutive branch accountable. If we do No State or region in our country place that hopefully will be an efficient not ask these questions, we are simply should be left to fend for itself after a and effective use of taxpayer dollars. not doing our job. That is true whether storm as devastating as Hurricane Therefore, we have struck from the it is President Obama, President Bush, Sandy. It is important to understand Democratic proposal all moneys that or some other President. that many things have overwhelmed would go to mitigation funding, not I hope we can adopt the Wyden the ability of the States and local com- saying mitigation funding isn’t nec- amendment to improve the reporting munities to deal with some of the ef- essary but simply saying it doesn’t requirements of FISA. I urge my col- fects of this, and that is why the Sandy meet the emergency need this first 3- leagues to support this commonsense emergency supplemental is before us month proposal addresses. This will amendment. attached to H.R. 1 and why we will be give States time to begin to rebuild but I yield the floor. voting on that, I assume, tomorrow. also allow us time to review what addi- The PRESIDING OFFICER. The Sen- There are two versions before us; one tional funds are needed for that re- ator from Indiana. is the Senate Democrats’ emergency building. Mr. COATS. Mr. President, I ask supplemental proposal. That totals We don’t allow authorizing language unanimous consent the Senate proceed $60.4 billion. It includes nearly $13 bil- because we don’t believe in authorizing to the immediate consideration of H.R. lion in mitigation funding. That goes something on an emergency appropria- 1, for the purpose of calling up and de- for the next storm, not this storm. tions bill that ought to go through the

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There is $9.7 The last thing I would say is this. working with me. I would say our Ap- billion for flood insurance. If you have When there is an emergency, Congress propriations Committee, our Repub- flood insurance, the Federal Govern- has always acted. We don’t always do lican staff, has gone through this very ment will be able to pay your claim. everything in the first week or second carefully and tried to identify how we There is $3.4 billion to repair roads and or third week because we already have can get money for the essential needs bridges. There is $2 billion for commu- money in the bank for those needs. But to those people, to those communities nity development block grants. We in Katrina, for example, there were that need them now. We want to be re- found in Tennessee that is especially nine different supplemental appropria- sponsible in terms of spending taxpayer flexible money, which is very helpful. tions bills over time. The next wave of dollars by having a period of time in That is $2 billion between now and appropriations requests can come to which we can look at the plans for the March. There is also $500 million for us, and we will go to work on them in future and see what additional funds the Small Business Administration. a few weeks. We can get to work in the might be needed. So what is not included in the pro- committee right away, for example, With that, I yield for the Senator posal we are offering. It doesn’t include and Senator FEINSTEIN and I could from Tennessee. items that are not related to Hurricane work on it a few weeks after that. Then The PRESIDING OFFICER. The Sen- Sandy. This is supposed to be about the majority leader will bring the bills ator from Tennessee. Hurricane Sandy. It doesn’t make to the floor—which he did not last Mr. ALEXANDER. Mr. President, I changes to the Stafford Act. What that year—and we can vote on them and am here to join the Senator from Indi- means is we don’t go in, in this emer- have the second round of funding. ana, and I think I can presumptively gency appropriations bill for the next 3 So I thank the Senator from Indiana, speak for everybody in this body. We months, and make wholesale changes Mr. COATS, for his hard work on this. want to help the people in New York, in the law, make things permanent We want the people of New York and New Jersey, and other Northeastern that are temporary, and streamline New Jersey to know we want to help States that were hurt by Sandy. We regulations. They all may be good them, we are helping them, and will have had some pretty tough disasters things to do, but we have a process for continue to be interested in the things in Tennessee as well. We had a 1,000- making legislative changes. that need to be done. It will not make year flood 2 years ago—not a 100-year We don’t include $13 billion for un- them whole, but it will help them get flood but a 1,000-year flood. We knew specified future projects. They may be on their feet, just as we have in Ten- the Federal Government wasn’t going good projects, but if they are, we have nessee and just as we have in other to make us whole. We had billions of a process to consider those projects. States across the country after large dollars of damage, 52 counties hurt, but The distinguished Senator from Cali- disasters. we knew the Federal Government could fornia and I are the ranking members The PRESIDING OFFICER. The Sen- ator from Indiana. help and it did help and it helped swift- of one of the subcommittees that does Mr. COATS. Mr. President, may I in- ly and that is what we want to do in some of that. We expect to do that next quire as to how much time is still year. So we are filling the accounts this case. available before the call up of the vote With all the talk about the money we that are already being used to help on the FISA legislation? are about to appropriate, I think it is many people. The PRESIDING OFFICER. The Sen- important to remind those who live in Finally, if I may say something ator from Indiana has approximately 2 New York, New Jersey, and Con- about process—which I think would be minutes remaining. necticut what is already being done more interesting to the Senators than Mr. COATS. Mr. President, I would with money we have already appro- to the people of New York and New like to use those 2 minutes, if I could, priated. For example, there are 4,402 Jersey—but it is important to know to sum up. FEMA personnel working in those this bill came to the floor in record I thank the Senator from Tennessee States. There are 514,343 citizens of time. No one objected to its coming to for his support throughout this whole those States who have already filed in- the floor. process. He has been instrumental in dividual assistance applications. This It was virtually unanimous, before helping us work through this to find is when your home is gone and you we even started voting on amendments, what we believe is a reasonable way to need money for rent or you need money that we agreed to invoke cloture and to move forward and provide that imme- to rebuild. Those applications are in. have a final vote of 51 votes so the bill diate emergency help that is so badly Already $1.13 billion has been paid. in some form will pass. In return for needed up in the Northeast. There are 24 disaster recovery centers that, those of us on the minority side, Let me just give one example of how in New York, 24 in New Jersey and 1 in so far as I know, got the amendments we came to these numbers. We do pro- Connecticut. $150 million in disaster we wanted. vide, through the Transportation, loans have already been approved by I simply want to say to my col- Housing and Urban Development ap- the Small Business Administration, leagues that it is still far from a per- propriations, $32 million for repairs of and more than 360,000 applications have fect process in our effort to continue to Amtrak’s infrastructure, dewatering of been sent out. improve the way the Senate works. tunnels, electrical systems, overhead The important fact to know is that The bill should have gone to com- wires. These are immediate needs, and help for victims of Hurricane Sandy mittee to begin with. It did not. It we want to provide funding for them. doesn’t depend on what we are about to could have been amended there. When There is funding for highway emer- do tonight. We already have money in it came to the floor on Monday, and we gency relief directly related to Sandy. the bank. We already have FEMA peo- said come right on, no one objected to We fund for that. We fund for public ple on the ground. There is already that, we should have started voting. transportation infrastructure, imme- help available. In my experience in our We could have voted for 3 days on this diate needs between now and March. Tennessee disasters, that help comes in bill: Tuesday, Wednesday, Thursday, Again, we are not saying there might a matter of days, in most cases. instead of running around trying to see not be need for more funding after this, So what are we about to do? As Sen- who had amendments. Let us just put but we will at least have had the oppor- ator COATS said—and I wish to con- them up and vote on them. Then we tunity to vet that and look to ensure gratulate him for making a very sen- should have had the cloture vote that the money is correctly spent. sible approach toward this—what we which, as I said, was done with, I think, What we didn’t do under that appro- are about to say is this is $24 billion only one dissenting objection. priations was $30 million of damages

VerDate Mar 15 2010 04:03 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.077 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8427 that come under the FAA existing I yield the floor. Mr. REID. Mr. President, we are budget, the funding for highway The PRESIDING OFFICER. The going to have two more votes tonight. projects not related to Sandy that are question is on agreeing to the Leahy They will both be 10 minutes in dura- in the Democratic bill and mitigation amendment. tion in addition to the debate time projects unrelated to Sandy. Mrs. FEINSTEIN. I ask for the yeas that has already been established. Again, we are not against mitigation, and nays. Then we are going to move in a very di- but we are saying let us focus on The PRESIDING OFFICER. Is there a rect way to complete as much of the Sandy. Let us get the emergency help sufficient second? debate time as possible on the amend- to those who need it now. Let us get it There appears to be a sufficient sec- ments on the supplemental. It is ex- there in an ample amount of time and ond. There is a sufficient second. tremely important that we get this de- money for them. Then let us take up, The clerk will call the roll. bate completed tonight so we can start through the regular process and we The assistant legislative clerk called voting in the morning. We have already carefully examine how we spend the the roll. set up that we will have some votes in taxpayers’ money, providing those Mr. DURBIN. I announce that the the morning. We are going to come in needed funds for the real emergency Senator from California (Mrs. BOXER), probably about 9:30 and start voting. but not using this as a bill to lard up the Senator from Ohio (Mr. BROWN), We have a lot to do. with all kinds of excessive spending the Senator from New York (Mrs. It would really be good if people who that isn’t needed for this particular GILLIBRAND), the Senator from Iowa have amendments on the supplemental emergency. (Mr. HARKIN), the Senator from New use their debate time tonight. We are With that, I yield back the remainder Jersey (Mr. LAUTENBERG), and the Sen- going to have no more votes tonight, of my time. ator from Vermont (Mr. SANDERS) are but tomorrow there will be a limited f necessarily absent. amount of debate time. Senator MIKUL- Mr. KYL. The following Senators are SKI will be here tonight, Senator SCHU- FISA AMENDMENTS ACT REAU- necessarily absent: the Senator from MER will be here tonight, and Senator THORIZATION ACT OF 2012—Con- South Carolina (Mr. DEMINT), the Sen- MENENDEZ will be here tonight to help tinued ator from Oklahoma (Mr. INHOFE), the move this, in addition, of course, to the The PRESIDING OFFICER. Under Senator from Illinois (Mr. KIRK), and managers of the bill on the other side. the previous order, the Senate will re- the Senator from Alaska (Ms. MUR- We hope people will work hard to get sume consideration of H.R. 5949. KOWSKI). debate out of the way tonight so we AMENDMENT NO. 3437 The PRESIDING OFFICER. Are there can vote tomorrow. We have a lot of Under the previous order, there will any other Senators in the Chamber de- votes tomorrow. I am led to believe now be 2 minutes of debate equally di- siring to vote? there are a number of amendments the vided prior to a vote in relation to The result was announced—yeas 38, managers of this bill will pass either by amendment No. 3437 offered by the Sen- nays 52, as follows: voice or some other quick fashion. ator from Vermont. [Rollcall Vote No. 232 Leg.] The PRESIDING OFFICER. The Sen- The Senator from Vermont. YEAS—38 ator from Maryland. Mr. LEAHY. Mr. President, this is a Ms. MIKULSKI. Mr. President, fol- Akaka Franken Reed matter I care a great deal about. I am Baucus Johnson (SD) Reid lowing up Leader REID’s comments, to concerned that we are rushing to Begich Klobuchar Schatz my colleagues on both sides of the rubberstamp a House bill that is going Bennet Kohl Schumer aisle, if you have these amendments, Bingaman Leahy to extend the surveillance authorities Shaheen Senator SCHUMER and I would like to Blumenthal Lee Stabenow of the FISA Amendments Act for an- Cantwell Levin Tester know. We will stay here to offer and other 5 years. My amendment would Cardin Manchin Udall (CO) debate them, as you were accorded Carper Menendez allow the authorities to continue, but Udall (NM) under the unanimous consent agree- Casey Merkley Webb it would give a lot better and more Conrad Murray ment. If you come up and tell Senator Whitehouse timely oversight. Coons Nelson (NE) SCHUMER and me now, we can get an Wyden We passed this—and it was not on a Durbin Paul order and sequence and tell you when last-minute thing—out of the Senate NAYS—52 we will call you up. Instead of every- Judiciary Committee in July. We acted Alexander Grassley Moran body standing around, we would actu- quickly so that we would not be acting Ayotte Hagan Nelson (FL) ally get a regular order and you would in this last-minute manner. Barrasso Hatch Portman know when your amendments are com- This has no operational impact on Blunt Heller Pryor Boozman Hoeven ing up and what order you are coming the intelligence community, but it Risch Brown (MA) Hutchison Roberts up so that you could plan your evening. does ensure the strongest of oversight. Burr Isakson Rockefeller Please see Senator SCHUMER and me, I hope Senators will support it. Chambliss Johanns Rubio and we will work with you to accom- Coats Johnson (WI) Sessions I yield the floor. Coburn Kerry plish this. Shelby The PRESIDING OFFICER. The Sen- Cochran Kyl Mr. President, I yield the floor. Snowe ator from California. Collins Landrieu Thune The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. Mr. President, I Corker Lieberman ator from Oregon. Cornyn Lugar Toomey rise to oppose this amendment and to Crapo McCain Vitter Mr. MERKLEY. Mr. President, is it indicate that the administration op- Enzi McCaskill Warner time to speak to amendment No. 3435? poses the amendment as well. Feinstein McConnell Wicker The PRESIDING OFFICER. Yes. We have just 4 days to reauthorize Graham Mikulski Mr. MERKLEY. Mr. President, I rise this critical intelligence tool before it NOT VOTING—10 in support of the Merkley-Lee amend- expires. That is the reason for having Boxer Harkin Murkowski ment. I thank him for being lead co- the House bill before us today. The Brown (OH) Inhofe Sanders sponsor. House bill is a clean bill. It extends the DeMint Kirk I say to my colleagues, this is all Gillibrand Lautenberg program to 2017, when it would sunset about supporting the fourth amend- and would need another reauthoriza- The PRESIDING OFFICER. Under ment and opposing secret law. As we tion. I believe we must pass the House the previous order requiring 60 votes all know, in this Nation law consists of bill now. I believe 2017 is the appro- for the adoption of this amendment, both the plain language and the court priate date. the amendment is rejected. interpretations of what the plain lan- I am very worried that if we do any- AMENDMENT NO. 3435 guage means. In the case of the FISA thing else, if we pass any one of these Under the previous order, there will rulings, the public never finds out the amendments, we will jeopardize the be 2 minutes of debate equally divided second half and therefore doesn’t really continuation of what is a vital intel- prior to the vote in relation to amend- know when information will be col- ligence tool. So regretfully, I oppose ment No. 3435, offered by the Senator lected, if you will, that is relevant to the Leahy amendment. from Oregon, Mr. MERKLEY. an investigation. No one ever knows

VerDate Mar 15 2010 03:09 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.078 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8428 CONGRESSIONAL RECORD — SENATE December 27, 2012 what that means. The public should be Levin Pryor Tester administration talking points received able to know and should be able to Manchin Reed Udall (CO) this afternoon: The amendment would Menendez Reid Udall (NM) weigh in. Merkley Schatz Webb severely limit the effectiveness of law This amendment is constructed so it Murray Schumer Wyden enforcement authorities at all levels of protects national security. It says this Nelson (NE) Shaheen government and will effectively repeal Paul Stabenow will only happen in cases when it is the FISA Amendments Act. compatible with national security to NAYS—54 I urge a ‘‘no’’ vote. release the FISA findings, and, second, Alexander Graham McConnell The PRESIDING OFFICER. The you can do summaries instead, and if Ayotte Grassley Mikulski Barrasso Hagan Moran question is on agreeing to the amend- summaries are still causing a national Blunt Hatch Nelson (FL) ment. security problem, a schedule is suffi- Boozman Hoeven Portman Mr. REID. Mr. President, I ask for cient as to how the administration is Brown (MA) Hutchison Risch Burr Isakson Roberts the yeas and nays. reviewing these. It balances national Casey Johanns Rockefeller security while it fights for the fourth Chambliss Johnson (SD) Rubio The PRESIDING OFFICER. Is there a amendment. Coats Johnson (WI) Sessions sufficient second? The PRESIDING OFFICER. The Sen- Coburn Kerry Shelby There appears to be a sufficient sec- Cochran Kohl Snowe ator from California. Collins Kyl Thune ond. The clerk will call the roll. Mrs. FEINSTEIN. Mr. President, the Corker Landrieu Toomey The legislative clerk called the roll. vice chairman of the committee op- Cornyn Lieberman Vitter Crapo Lugar Warner Mr. DURBIN. I announce that the poses this amendment, as does the ad- Enzi McCain Whitehouse Senator from California (Mrs. BOXER), ministration. We have only 4 days to Feinstein McCaskill Wicker the Senator from Ohio (Mr. BROWN), authorize this intelligence tool before NOT VOTING—9 the Senator from Iowa (Mr. HARKIN), it expires. Sending this legislation to Boxer Harkin Lautenberg the Senator from New Jersey (Mr. LAU- the President without amendment is Brown (OH) Inhofe Murkowski TENBERG), and the Senator from the only sure way to do it. DeMint Kirk Sanders Vermont (Mr. SANDERS) are necessarily The Director of National Intelligence The PRESIDING OFFICER. Under absent. is engaged in an ongoing process to de- the previous order requiring 60 votes Mr. KYL. The following Senators are classify significant FISA Court opin- for the adoption of this amendment, necessarily absent: the Senator from ions where it is possible to do so. I have the amendment is rejected. South Carolina (Mr. DEMINT), the Sen- agreed to work with Senator MERKLEY AMENDMENT NO. 3436 ator from Oklahoma (Mr. INHOFE), the to get summaries of FISA Court deci- The PRESIDING OFFICER. Under Senator from Illinois (Mr. KIRK), and sions that can be made public. the previous order, there will be 2 min- the Senator from Alaska (Ms. MUR- In sum, the intelligence community utes of debate equally divided prior to KOWSKI). strives to be as transparent as possible the vote in relation to amendment No. The PRESIDING OFFICER (Mr. with the public, but legislation that 3436 offered by the Senator from Ken- MERKLEY). Are there any other Sen- would force its hand and potentially tucky, Mr. PAUL. ators in the Chamber desiring to vote? risk the exposure of classified informa- Mr. PAUL. Mr. President, I rise tion is both unnecessary and unwise. The result was announced—yeas 12, today to support the Fourth Amend- I urge my colleagues to oppose this nays 79, as follows: ment Protection Act. The fourth amendment. [Rollcall Vote No. 234 Leg.] amendment guarantees that people The PRESIDING OFFICER. All time should be secure in their persons, YEAS—12 has expired. The question is on agree- houses, and papers against unreason- Baucus Lee Tester ing to the Merkley amendment. able searches and seizures. Somewhere Begich Merkley Udall (NM) Mr. REID. Mr. President, I ask for Cantwell Paul Webb along the way we became lazy and hap- Heller Stabenow Wyden the yeas and nays. hazard in our vigilance. We allowed The PRESIDING OFFICER. Is there a Congress and the courts to diminish NAYS—79 sufficient second? There appears to be our fourth amendment protections, Akaka Franken Moran a sufficient second. particularly when papers were held by Alexander Gillibrand Murray Ayotte Graham The clerk will call the roll. third parties. Nelson (NE) The legislative clerk called the roll. Barrasso Grassley Nelson (FL) I think most Americans would be Bennet Hagan Portman Mr. DURBIN. I announce that the shocked to know that the fourth Bingaman Hatch Pryor Senator from California (Mrs. BOXER), amendment does not protect their Blumenthal Hoeven Reed the Senator from Ohio (Mr. BROWN), Blunt Hutchison Reid records if they are banking, Internet, Boozman Isakson Risch the Senator from Iowa (Mr. HARKIN), Brown (MA) Johanns or Visa records. A warrant is required Roberts the Senator from New Jersey (Mr. LAU- Burr Johnson (SD) to read their snail mail and to tap Rockefeller TENBERG), and the Senator from Cardin Johnson (WI) their phone, but no warrant is required Carper Kerry Rubio Vermont (Mr. SANDERS) are necessarily to look at their e-mail, text, or Inter- Casey Klobuchar Schatz absent. net searches; they can be read without Chambliss Kohl Schumer Sessions Mr. KYL. The following Senators are a warrant. Why is a phone call more Coats Kyl necessarily absent: the Senator from Coburn Landrieu Shaheen deserving of privacy protection than an Cochran Leahy Shelby South Carolina (Mr. DEMINT), the Sen- e-mail? Collins Levin Snowe ator from Oklahoma (Mr. INHOFE), the This amendment would restore the Conrad Lieberman Thune Senator from Illinois (Mr. KIRK), and Coons Lugar Toomey fourth amendment protections to Corker Manchin the Senator from Alaska (Ms. MUR- Udall (CO) third-party records, and I recommend a Cornyn McCain Vitter KOWSKI). ‘‘yes’’ vote. Crapo McCaskill Warner The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- Durbin McConnell Whitehouse any other Senators in the Chamber de- Enzi Menendez Wicker ator from California. Feinstein Mikulski siring to vote? Mrs. FEINSTEIN. Mr. President, I The yeas and nays resulted—yeas 37, oppose this amendment, as does the NOT VOTING—9 nays 54, as follows: vice chairman and the administration. Boxer Harkin Lautenberg [Rollcall Vote No. 233 Leg.] Brown (OH) Inhofe Murkowski This amendment is not germane to DeMint Kirk Sanders YEAS—37 FISA. It has not been reviewed by the Akaka Cantwell Franken Judiciary Committee, which would The PRESIDING OFFICER. Under Baucus Cardin Gillibrand have jurisdiction over this matter. It the previous order requiring 60 votes Begich Carper Heller seeks to reverse 30 years of Supreme for the adoption of this amendment, Bennet Conrad Klobuchar the amendment is rejected. Bingaman Coons Leahy Court precedence of interpreting the Blumenthal Durbin Lee fourth amendment. According to the The Senator from Maryland.

VerDate Mar 15 2010 04:03 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.081 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8429 DEPARTMENT OF DEFENSE passed this body at $6.5 million, made votes tomorrow rather than this APPROPRIATIONS ACT—Continued permanent. So there is no need to in- evening, and I would ask, through the Ms. MIKULSKI. I ask unanimous clude this provision in the supple- Chair, the chairwoman of the com- consent that the Senate now resume mental appropriations bill. mittee if my understanding is correct. consideration of H.R. 1, the legislative I know of no controversy on this The PRESIDING OFFICER. The Sen- vehicle for the Hurricane Sandy supple- amendment. We do not need any debate ator from Maryland. mental. time. I am hopeful we will clear this Ms. MIKULSKI. Replying to the Sen- The PRESIDING OFFICER. Is there for a voice vote tomorrow. ator from Oklahoma, for those amend- objection? I wish to thank Senator LANDRIEU for ments we know we have cleared on Without objection, it is so ordered. her work and Senator SNOWE on the both sides of the aisle that we can do The bill has been reported. Small Business Committee and thank by voice votes or by consent, we are Ms. MIKULSKI. Mr. President, I Senator MIKULSKI for her work. going to get those done this evening. would like to give a sense of the order The Small Business Administration’s Does the Senator have an objection of amendments so Senators may plan surety bond program provides a guar- to that? their time. antee on surety bonds, which are issued Mr. COBURN. I would on this par- We are now back on the supplemental by contractors to assure customers ticular—I think we ought to have a re- bill, and we have great cooperation in that contract work will be completed. corded vote on this. That would be my getting the pending amendments and The surety bond program gives small request. debate done this evening so we could businesses critical support to secure Ms. MIKULSKI. Senator CARDIN’s actually start voting tomorrow morn- work, which will be especially impor- amendment No. 3393 will be voted on ing. tant during recovery and rebuilding ef- tomorrow. So that Senators can have an under- forts after Superstorm Sandy. The PRESIDING OFFICER. The Sen- standing of how we will start our work The underlying bill contains a provi- ator from Montana. this evening, I want to lay out a bit of sion, requested by the administration, AMENDMENT NO. 3350 TO AMENDMENT NO. 3395 the schedule. This is not a unanimous which would increase the maximum Mr. TESTER. Mr. President, I call up consent request. It is kind of an out- surety bond guaranteed by SBA from $2 amendment No. 3350. line. million to $5 million. The PRESIDING OFFICER. Without Our intention is to have the fol- The Defense authorization conference objection, the clerk will report. lowing amendments called up after I agreement contains a provision that The legislative clerk read as follows: yield the floor: Senator CARDIN to be would raise the maximum to $6.5 mil- The Senator from Montana [Mr. TESTER], recognized to call up his amendment lion. for himself, Mr. UDALL of Colorado, Mr. No. 3393; Senator TESTER to be recog- The amendment strikes the provision UDALL of New Mexico, Mr. WYDEN, Mr. BAU- nized for up to 2 minutes to call up his in the supplemental related to SBA CUS, and Mr. JOHNSON of South Dakota, pro- surety bonds in order to avoid con- poses an amendment numbered 3350 to amendment No. 3350; Senator LANDRIEU amendment No. 3395. to be recognized for up to 2 minutes to flicting with the House and Senate’s call up her amendment No. 3415; Sen- conference agreement in the Defense The amendment is as follows: ator COBURN to be recognized for up to authorization bill. (Purpose: To provide additional funds for 30 minutes to call up his six amend- This amendment is a simple but im- wildland fire management) ments: Nos. 3368; 3369; 3370, as modified; portant technical fix supported by On page 76, between lines 4 and 5, insert 3371; 3382; and 3383; following that, Sen- Chairwoman LANDRIEU and Ranking the following: ator MERKLEY to be recognized for up Member SNOWE of the Small Business WILDLAND FIRE MANAGEMENT to 5 minutes to call up his amendment Committee. For an additional amount for ‘‘Wildland No. 3367; and then I have a few I will I urge my colleagues to support this Fire Management’’, $653,000,000, to remain call up on behalf of other Senators. amendment. available until expended: Provided, That such amount is designated by Congress as being I yield the floor. Mr. TESTER addressed the Chair. The PRESIDING OFFICER. The Sen- for an emergency requirement pursuant to The PRESIDING OFFICER. The Sen- section 251(b)(2)(A)(i) of the Balanced Budget ator from Maryland. ator from Montana. Ms. MIKULSKI. Mr. President, wait. and Emergency Deficit Control Act of 1985 (2 AMENDMENT NO. 3393 TO AMENDMENT NO. 3395 U.S.C. 901(b)(2)(A)(i)); Provided further, That, Before the Senator from Montana Mr. CARDIN. Mr. President, I call up not later than December 31, 2013, the Comp- speaks, why don’t we voice vote the the Cardin amendment that was made troller General of the United States shall amendment now. in order, amendment No. 3393. submit to the Committees on Appropriations Mr. CARDIN. Fine. I know of no fur- of the House of Representatives and the Sen- The PRESIDING OFFICER. The ther requests for time and I am pre- ate a report on new models or alterations in clerk will report. pared for a vote. the model that may be used to better project The legislative clerk read as follows: I yield the floor. future wildfire suppression costs. The Senator from Maryland [Mr. CARDIN], The PRESIDING OFFICER. If there Mr. TESTER. Mr. President, Senator for himself and Ms. LANDRIEU, proposes an is no further debate, the question is on UDALL of Colorado and I are offering amendment numbered 3393 to amendment this amendment to provide the Forest No. 3395. agreeing to the amendment. Ms. MIKULSKI. Would the Chair Service with sufficient resources to The amendment is as follows: withhold? meet the demands of wildfire fighting (Purpose: To strike section 501) There seems to be—Mr. President, if this fiscal year. Strike section 501. we could have order, I think it would Our amendment to the Sandy supple- Mr. CARDIN. Mr. President, this be helpful for us. mental would close the gap between amendment is totally noncontrover- The PRESIDING OFFICER. The Sen- the budget request and the actual ex- sial. In the bill, they increase the sur- ate will come to order. pected need for wildfire management ety bond limits for small businesses Ms. MIKULSKI. The Senator from this year. Over the last 15 years, the from $2 million to $5 million. It was an Maryland may proceed. cost of wildfire suppression has in- amendment I worked with Senator Mr. CARDIN. I have no further de- creased fivefold, but the Forest Serv- LANDRIEU on in the Small Business bate. I am prepared to let it go on a ice’s budget certainly has not. The rea- Committee. It was included in the Re- voice vote. son we have had wildfire suppression covery Act. It expired. It has been very The PRESIDING OFFICER. Is there increasing by fivefold is because the successful. It has generated a lot more any further debate on the amendment? frequency and severity of fires have contracts than anticipated. Making the Mr. COBURN. Inquiry of the Chair, both increased. limit permanent has no cost. Mr. President. The Forest Service, instead, has had This amendment would strike the The PRESIDING OFFICER. The Sen- to borrow money set aside for nonfire provision from this bill since it has al- ator from Oklahoma. purposes, cutting into important pro- ready been included in the National Mr. COBURN. It was my under- grams such as timber production and Defense Authorization Act, which has standing we were going to have ordered watershed restoration. Borrowing

VerDate Mar 15 2010 03:09 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.083 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8430 CONGRESSIONAL RECORD — SENATE December 27, 2012 against other accounts is occasionally ers can be reimbursed for wages during Hurricane Sandy (H.R. 1). This amendment is unavoidable, but it is generally bad a disaster response. But it does not technical in nature, but serves an important policy. We have a chance to avoid this change the conditions of reimburse- purpose. situation by adopting my amendment ment that already aid an effective dis- The national emergency response system is based on mutual aid agreements in which No. 3350. aster response. neighboring fire departments help a commu- The West experienced its worst fire We do want to reinforce that both nity that requires assistance in its response season in decades this past year. Over 1 the International Association of Fire to a disaster. These mutual aid agreements million acres burned in Montana and Fighters and the International Asso- can be local-to-local, intra-state, or inter- over 9 million acres burned across the ciation of Fire Chiefs support this state. Many of these agreements include pro- country. Three States had major emer- amendment. visions to ensure that the aiding jurisdic- gency disaster declarations due to fire. At such time a vote is taken, I will tions will be reimbursed for their emergency We cannot afford to get caught unpre- urge a ‘‘yes’’ vote. response activities. Because many localities Ms. LANDRIEU. Mr. President, I are facing shrinking emergency response pared this coming summer. Nearly one- budgets, it is important that they be reim- fifth of the West remains in extreme or would like to call up the amendment, if bursed soon after they provide assistance exceptional drought, and over 60 per- I could. The staff reminds me I did not through a mutual aid agreement. cent of the High Plains remains in ex- do that. This amendment makes it clear that the treme or exceptional drought. Let’s be The PRESIDING OFFICER. Without reimbursement provisions in H.R. 1 will not prepared. Let’s be responsible. I would objection, the clerk will report. affect these mutual aid agreements. The urge a ‘‘yes’’ vote on this amendment The legislative clerk read as follows: amendment also will ensure that local juris- tomorrow. The Senator from Louisiana [Ms. LAN- dictions receive some assistance for the ex- traordinary measures that they take to pro- With that, I yield the floor. DRIEU] proposes an amendment numbered 3415 to amendment No. 3395. vide aid to their citizens during a disaster. In The PRESIDING OFFICER. The Sen- many cases, the local taxpayers cannot af- ator from Maryland. The amendment is as follows: ford these costs on their own. Ms. MIKULSKI. Mr. President, I rise (Purpose: To clarify the provision relating to Thank you for offering this amendment in support of amendment No. 3350 pro- emergency protective measures) that will help many jurisdictions around the posed by Senator TESTER. These funds On page 51, strike lines 8 through 23 and in- nation provide an effective response to disas- are needed because the agency predicts sert the following: ters in their communities. On behalf of the it will spend more to fight these fires ‘‘(1) IN GENERAL.—If the President declares leadership of America’s fire and emergency a major disaster or emergency for an area in fiscal year 2013, causing severe hard- services, I urge the Senate to adopt this within the jurisdiction of a State, tribal, or amendment. ship on the agency. local government, the President may reim- Sincerely, The PRESIDING OFFICER. The Sen- burse the State, tribal, or local government CHIEF HANK C. CLEMMENSEN, ator from Louisiana. for costs relating to— President and Chairman of the Board. AMENDMENT NO. 3415 TO AMENDMENT NO. 3395 ‘‘(A) basic pay and benefits for permanent Ms. LANDRIEU. Mr. President, I rise employees of the State, tribal, or local gov- INTERNATIONAL ASSOCIATION OF to discuss amendment No. 3415. It is ernment conducting emergency protective FIRE FIGHTERS, my understanding there is no opposi- measures under this section, if— Washington, DC., December 27, 2012. ‘‘(i) the work is not typically performed by tion to this amendment. We may be Hon. MARY LANDRIEU, the employees; and U.S. Senate, able to voice vote it tonight. But let ‘‘(ii) the type of work may otherwise be Washington, DC. me take 1 minute to explain it. carried out by contract or agreement with DEAR SENATOR LANDRIEU: On behalf of the This is a technical correction to an private organizations, firms, or individuals; nation’s nearly 300,000 professional fire fight- underlying provision that is already in or ers and emergency medical personnel, I am the bill we will be voting for. ‘‘(B) overtime and hazardous duty com- writing to express our support for your In the current law, there is a per- pensation for permanent employees of the amendment to the Disaster Relief Supple- verse incentive for local governments, State, tribal, or local government con- mental Appropriation which is scheduled for when they are recovering, to hire out- ducting emergency protective measures consideration by the full Senate. under this section. Super Storm Sandy jeopardized the safety side contractors as opposed to maybe ‘‘(2) OVERTIME.—The guidelines for reim- of thousands of Americans and required an working with the workers who are al- bursement for costs under paragraph (1) shall extraordinary response from emergency ready on the payroll—firefighters and ensure that no State, tribal, or local govern- workers throughout the region. The costs as- police officers. It was not intended to ment is denied reimbursement for overtime sociated with this response cannot and be that way. But because FEMA only payments that are required pursuant to the should not be borne solely by the taxpayers reimburses for contractors and not for Fair Labor Standards Act of 1938 (29 U.S.C. of the affected jurisdictions. the local police or firefighters under 201 et seq.). Senate Amendment #3415 would ensure certain circumstances, we believe and ‘‘(3) NO EFFECT ON MUTUAL AID PACTS.— that municipalities are eligible to seek reim- Nothing in this subsection shall effect the bursement for costs associated with emer- FEMA believes it is actually spending ability of the President to reimburse labor gency response operations directly related to more money. force expenses provided pursuant to an au- Super Storm Sandy. The amendment also So the essence of this amendment is thorized mutual aid pact.’’. builds in protections that prevent federal tax to save money, being neutral in the Ms. LANDRIEU. Mr. President, I ask dollars from being used for costs that would law, so the local officials can make the unanimous consent that two letters— have normally been incurred by state and best decisions whether they want to one from the International Association local jurisdictions. This careful balance serves the best interests of both commu- hire either contractors, if it makes of Fire Chiefs and one from the Inter- sense, or their own people, if it makes nities impacted by the storm and American national Association of Fire Fighters— taxpayers. sense, so the recovery can go more effi- be printed in the RECORD. We greatly appreciate your diligent efforts ciently and, hopefully, save money. There being no objection, the mate- to address this important issue, and look for- FEMA supports it. The firefighters rial was ordered to be printed in the ward to working with you to see S. Admt. support it. It is technical in nature, RECORD, as follows: 3415 become law. which is why I asked the chairwoman Sincerely, INTERNATIONAL ASSOCIATION OF BARRY KASINITZ, tonight if we could voice vote it. I do FIRE CHIEFS, Director of Governmental Affairs. not think there is any opposition. Fairfax, Va., December 27, 2012. Ms. MIKULSKI. I say to the Senator, Hon. MARY LANDRIEU, The PRESIDING OFFICER. The Sen- we have been advised that we will not Chairman, Subcommittee on Homeland Security, ator from Oklahoma. be voice voting amendments tonight. U.S. Senate Committee on Appropriations, Mr. COBURN. Mr. President, I ask, But I want to just comment that we Dirksen Senate Office Building, Wash- through the Chair, if the chairwoman support the Landrieu amendment No. ington, DC. of the Appropriations Committee 3415, which clarifies the intent of sec- DEAR CHAIRMAN LANDRIEU: On behalf of the would like for me to begin calling up nearly 12,000 members of the International tion 609(e) of the pending amendment Association of Fire Chiefs, I would like to ex- amendments. to provide FEMA reimbursements for press our support for S.A. 3415, an amend- Ms. MIKULSKI. Yes. I wish to thank the first responders. This amendment ment to the supplemental appropriations bill the Senator from Oklahoma for being clarifies the intent that first respond- for the relief of communities affected by willing to debate these amendments

VerDate Mar 15 2010 03:09 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.087 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8431 this evening. I know he has a pressing What the underlying bill states is sessments by States and total taxable re- engagement, and he may proceed in that 3 days before any grants are made sources available within States for disaster whatever order he so chooses. under this process that the Appropria- recovery and response. Mr. COBURN. I thank the chair- tions Committee will be notified—not (c) As used in this section, the term ‘‘State’’ means— woman. the whole Congress, not the American (1) a State; Mr. President, a little perspective be- people but the Appropriations Com- (2) the District of Columbia; fore I offer these amendments. mittee. The reason for that is so the (3) the Commonwealth of Puerto Rico; We have before us a $60 billion-plus Members of the Appropriations Com- (4) any other territory or possession of the bill. There is no question there is great mittee can then put out the informa- United States; and need in response to the devastation tion to the constituencies who are (5) any land under the jurisdiction of an In- that occurred from Sandy. But what going to benefit from the grants that dian tribe, as defined in section 4 of the In- the American people need to know as come through this. dian Self-Determination and Education As- sistance Act (25 U.S.C. 450b). this bill goes through the Senate is Actually, the American people need this bill is not going to be paid for. to know the grants that are going to be Mr. COBURN. This is another good There is no amendment that has been granted through this process, the government amendment. approved that will allow offsets for this money that is going to be spent. So all One of the things that has happened bill. this amendment does is change it to since FEMA was set up is that what So as we clear this bill through the where the American people get notified has occurred has created a disparity Senate—the $60-some billion we are of the grants that are going to be between the States. Let me outline, in going to clear—we are actually going placed as a result of this bill. the last 6 years the State with the to borrow that money. That is indis- This is about good government. This most disasters—most of you would not putable. I have spent the last 8 years is about transparency. This is about realize—is Oklahoma. We have had 25 outlining the waste, the duplication, letting all the Americans, who are ac- certified disasters in my State. Now, how did that happen? It has and the fraud in the Federal Govern- tually going to pay for these grants, happened because the per capita dam- ment. Those amendments were not know what is going on, when it is going age calculation has not been updated made in order that would offset and ac- on, and how it is going on, who is going through inflation on a regular basis. So tually pay for this by eliminating pro- to get the money, and how much what is the effect of that? The effect of grams of the Federal Government that money they are going to get. that is a State such as New York or do not actually do anything to actually It is straightforward, very simple. It California or Texas can have exactly better the lives of Americans. just says let everybody know—not a se- the same disaster as Oklahoma, but it I am very appreciative of the oppor- lect group of Senators or House Mem- will not be declared a disaster because tunity to offer these amendments. I bers but everybody in this country who Oklahoma has less than 4 million peo- would also note we could have done is footing the bill ought to know where ple but we have X amount of dollars, these last week had we had an open and this money is going to be spent. They but because we have such a smaller moving amendment process. We would ought to know it at the same time any- population, we qualify for a disaster not be here today working on Sandy. body else knows. It is just a trans- declaration, whereas if the same thing We would have finished it last week, parency amendment so we all know happened in any of those three larger but we chose not to do that. where the money is spent, and we know populated States, they would not qual- AMENDMENT NO. 3369 TO AMENDMENT NO. 3395 it at the same time. ify. Mr. President, I ask that amendment AMENDMENT NO. 3371 TO AMENDMENT NO. 3395 So this is actually an amendment No. 3369 be called up. Mr. President, I ask unanimous con- that will not be beneficial to my State The PRESIDING OFFICER. Without sent that amendment be set aside and but is beneficial to us as American citi- objection, the clerk will report. call up amendment No. 3371. zens to create equality in how we de- The assistant legislative clerk read The PRESIDING OFFICER. Without scribe and how we grant disaster dec- as follows: objection, the clerk will report. larations. The Senator from Oklahoma [Mr. COBURN] The assistant legislative clerk read So all I am doing is saying that be- proposes an amendment numbered 3369 to as follows: tween now and 2016, FEMA has to up- amendment No. 3395. The Senator from Oklahoma [Mr. COBURN] date. It will not have any application Mr. COBURN. Mr. President, I ask for himself and Mr. MCCAIN, proposes an to what we are doing today, but it is a unanimous consent that reading of the amendment numbered 3371 to amendment good-government amendment so that amendment be dispensed with. No. 3395. we will actually have a uniform process The PRESIDING OFFICER. Without The amendment is as follows: throughout the country so that dis- objection, it is so ordered. (Purpose: To ensure that Federal disaster as- aster declarations are appropriately The amendment is as follows: sistance is available for the most severe granted to States that appropriately (Purpose: To reduce the amount that trig- disasters, and for other purposes) need the Federal Government’s help. gers the requirement to notify Congress of At the appropriate place insert the fol- Remember, our definition on this is the recipients of certain grants and to re- lowing: quire publication of the notice) when we have overwhelmed local re- SEC. 52007. (a) Not later than 180 days after sources. That is the key. Then we use a Strike section 1003 and insert the fol- the date of enactment of this Act, the Ad- lowing: ministrator of the Federal Emergency Man- per capita damage assessment to grant SEC. 1003. None of the funds provided in agement Agency (in this section referred to the declaration of emergency. So what this title to the Department of Transpor- as the ‘‘Administrator’’) shall review the I am trying to do is to create some tation or the Department of Housing and public assistance per capita damage indi- clarity and also equality among the Urban Development may be used to make a cator and shall initiate rulemaking to up- States so that everybody is treated grant unless the Secretary of such Depart- date such damage indicator. Such review and equally. Right now, they are not. Quite ment notifies the House and Senate Commit- rulemaking process shall ensure that the per frankly, my State is much advantaged, tees on Appropriations and posts the notifi- capita indicator is fully adjusted for annual to the detriment of the larger States, cation on the public website of that agency inflation for all years since 1986, by not later not less than 3 full business days before ei- than January 1, 2016. because of our lower population, with ther Department (or a modal administration (b) Not later than 365 days after the date of the same amount of damage. of either Department) announces the selec- enactment of this Act, the Administrator I would ask for concurrence on that tion of any project, State or locality to re- shall— amendment. ceive a grant award totaling $500,000 or more. (1) submit a report to the committees of AMENDMENT NO. 3382 TO AMENDMENT NO. 3395 Mr. COBURN. Mr. President, this is a jurisdiction in Congress on the initiative to Mr. President, I ask unanimous con- fairly straightforward amendment, and modernize the per capita damage indicator; and sent that amendment 3382 be called up. this is not to be construed as an (2) present recommendations for new meas- The PRESIDING OFFICER. Without amendment against the appropriators ures to assess the capacities of States to re- objection, the pending amendment is but, rather, an amendment for trans- spond and recover to disasters, including set aside. parency. threat and hazard identification and risk as- The clerk will report.

VerDate Mar 15 2010 03:09 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.089 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8432 CONGRESSIONAL RECORD — SENATE December 27, 2012 The assistant legislative clerk read Through five layers of contracting, the Mr. COBURN. This amendment at- as follows: people who actually did the debris re- tacks one of the features of this bill The Senator from Oklahoma [Mr. COBURN] moval in Katrina were paid $9 a cubic that I think steals from the author- proposes an amendment numbered 3382 to yard. So we paid six times what it ac- izing committees the authority they amendment No. 3395. tually cost to get the debris removal need to have on authorizing projects. Mr. COBURN. Mr. President, I ask done because we did not have competi- Let me quote the language in the bill: unanimous consent that the reading of tive bidding and we had multiple layers Provided further that any project that is the amendment be dispensed with. coming from the Corps of Engineers to under study by the Corps of Engineers for re- The PRESIDING OFFICER. Without national contractors, to regional con- ducing flooding and storm damage risks in objection, it is so ordered. tractors, to local contractors, to the the future and that the Corps studies dem- The amendment is as follows: actual guy with a backhoe and with a onstrate will cost effectively reduce those risks is hereby authorized. (Purpose: To require merit-based and com- scoop and a dump truck. So we paid petitive awards of disaster recovery con- five to six times what it should have With one sentence, we have just tracts) cost to actually get the debris removal taken away the total capability of the After section 1105, insert the following: taken care of. The same thing is going authorizing committee to hold the SEC. 1106. (a) PROHIBITION ON USE OF FUNDS on in New Jersey right now. Right now. Corps accountable. All I am saying is FOR FUTURE DISASTER RECOVERY CONTRACTS So requiring competitive bidding— that we at least ought to have author- NOT COMPETITIVELY AWARDED.—Amounts ap- can there be exceptions to it? Yes. Are izers say whether this is a priority. It propriated or otherwise made available by does not mean they need to stop it, but this Act may not be obligated or expended there times when you cannot do that? Yes. But as a general rule, especially they ought to at least be informed, and for any contract awarded after the date of the authorization of that ought to go the enactment of this Act in support of dis- since we are borrowing this money, we aster recovery if such contract was awarded ought to be the best stewards of it that through a committee. using other than competitive procedures as we can be. All this says is that we In this bill, 64 percent of the money otherwise required by chapter 33 of title 41, ought to require competitive bidding is not going to even be started to be United States Code, section 2304 of title 10, on these types of contracts to make spent until 2 years from now, so there United States Code, and the Federal Acquisi- sure we get value. is plenty of time for us to create the tion Regulation. Why did New Jersey choose the more authorization process rather than to (b) CURRENT NO-BID CONTRACTS.— deem the Corps of Engineers their own (1) REVIEW OF CONTRACTS.—Not later than expensive contractor? Because the Fed- eral Government is paying for it. This order and desire in terms of projects 60 days after the date of the enactment of they wish to do. It is about good gov- this Act, Federal agencies shall conduct a re- was a contract that was set that had view of all contracts to support disaster re- been executed once in Connecticut. Be- ernment. It is about good input. It is covery that were awarded before the date of cause the Federal Government is pay- about good oversight. Allowing the the enactment of this Act using other than ing for it, there is less decisionmaking Corps just to deem something author- competitive procedures in order to deter- about prudence and efficiency and ef- ized without the input of the appro- mine the following: priate committee of this Senate I think (A) Whether opportunities exist to achieve fectiveness because there is not State money paying for it. is inherently wrong and potentially cost savings under such contracts. very wasteful. (B) Whether the requirements being met by So what has happened is what was such contracts can be met using a new or ex- easiest, what was well-connected, what AMENDMENT NO. 3368 TO AMENDMENT NO. 3395 isting contract awarded through competitive was well-heeled got the contract, and Mr. COBURN. Mr. President, I ask procedures. the one that would have cost consider- unanimous consent that that amend- (2) COMPETITIVE AWARD OF CONTRACTS.—If a ably less did not get the contract. I ment be set aside. Federal agency determines pursuant to the would be happy to demonstrate for any The PRESIDING OFFICER. Without review under paragraph (1) that either sub- of my colleagues showing them the dif- objection, it is so ordered. paragraph of that paragraph applies to a con- ference between these two contracts on Mr. COBURN. I ask unanimous con- tract awarded using other than competitive sent that Amendment No. 3368 be procedures, the agency shall take appro- debris removal in New Jersey. So the same thing that happened in Katrina called up. priate actions with respect to the contract, The PRESIDING OFFICER. The whether to achieve cost savings under the we are not learning from. contract, to use a new or existing contract I agree that the debris needs to be clerk will report. awarded through competitive procedures to picked up. We need to do it expedi- The assistant legislative clerk read meet applicable requirements, or otherwise tiously. We had great opportunity to as follows: to discontinue of the use of the contract. do that with both contractors, except The Senator from Oklahoma [Mr. COBURN] Mr. COBURN. This is an amendment proposes an Amendment numbered 3368 to we are going to pay a lot more because Amendment No. 3395. some people do not like, I will grant we chose to go a way that greased the you that. But I have some specific ex- sleds for those who were well con- Mr. COBURN. I ask unanimous con- amples that are going on in New Jersey nected. sent that the reading of the amend- ment be dispensed with. right now on why this amendment is AMENDMENT NO. 3383 TO AMENDMENT NO. 3395 needed. We have multiple contracts The PRESIDING OFFICER. Without Mr. COBURN. Mr. President, I ask objection, it is so ordered. that were available that could have unanimous consent that that amend- been utilized in New Jersey for debris The amendment is as follows: ment be set aside and amendment No. (Purpose: To clarify cost-sharing require- removal. The company that got the 3383 be called up. contract actually is going to charge in ments for certain Corps of Engineers ac- The PRESIDING OFFICER. Without tivities) excess of 20 percent more to the Fed- objection, it is so ordered. In title IV, under the heading ‘‘CONSTRUC- eral Government for doing the same The clerk will report. TION (INCLUDING TRANSFER OF FUNDS)’’ under thing another competitive bid would The assistant legislative clerk read the heading ‘‘CORPS OF ENGINEERS–CIVIL’’ have done. So we are going to spend at as follows: under the heading ‘‘DEPARTMENT OF THE least 20 percent more on the contract The Senator from Oklahoma [Mr. COBURN] ARMY’’ under the heading ‘‘DEPARTMENT for debris removal in New Jersey than proposes an amendment numbered 3383 to OF DEFENSE–CIVIL’’ strike ‘‘Provided fur- we need to. That is because competi- Amendment No. 3395. ther, That cost sharing for implementation tive bidding was not a requirement of Mr. COBURN. I ask unanimous con- of any projects using these funds shall be 90 Federal funds. percent Federal and 10 percent non-Federal sent that the reading of the amend- exclusive of LERRDs:’’ and insert ‘‘Provided Here is some history. During ment be dispensed with. further, That the Secretary shall determine Katrina, we know that $11 billion of The PRESIDING OFFICER. Without the Federal and non-Federal cost share for U.S. taxpayer money was either de- objection, it is so ordered. implementing any project using these funds frauded or wasted. Let me say that The amendment is as follows: in accordance with section 103 of the Water again—$11 billion. Let me give the (Purpose: To strike a provision relating to Resources Development Act of 1986 (33 U.S.C. prime example of that. The Corps of certain studies of the Corps of Engineers) 2213):’’. Engineers was paid $62 per cubic yard On page 16, strike lines 17 through 20 and Mr. COBURN. Mr. President, the to manage debris removal in Katrina. insert ‘‘Provided’’. Sandy supplemental bill provides the

VerDate Mar 15 2010 03:09 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.092 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8433 U.S. Army Corps of Engineers $3.5 bil- amendment numbered 3370, as modified, to have families who are hurting. We have lion in funding for new construction amendment No. 3395. businesses that are belly-up. We have projects. Of that, $3 million from this Mr. COBURN. I ask unanimous con- homes that are destroyed. We have account is directed toward future miti- sent that the reading of the amend- lives that are never going to be put gation projects, future flood risks for ment be dispensed with. back together no matter how much areas associated with large-scale flood The PRESIDING OFFICER. Without money we spend. and storm events, and areas along the objection, it is so ordered. But there are people in our country Atlantic coast within the boundaries of The amendment is as follows: who do not play by the rules. This the North Atlantic Division of the At the appropriate place, insert the fol- amendment is specifically designed to Corps that were affected by Hurricane lowing: not grant any of this $60 billion to true Sandy. SEC. 1106. PROHIBITION ON EMERGENCY SPEND- tax cheats. That does not mean some- The legislation also increases the ING FOR PERSONS HAVING SERIOUS thing that is under discussion or under Federal cost share for these projects DELINQUENT TAX DEBTS. litigation; that is the ones who have al- (a) DEFINITION OF SERIOUSLY DELINQUENT that are funded with this appropria- ready been deemed tax cheats. And the TAX DEBT.—In this section: tion. It changes it from 65 percent to 90 (1) IN GENERAL.—The term ‘‘seriously delin- second thing is to not pay money to percent. The purpose of this amend- quent tax debt’’ means an outstanding debt people who are deceased already. ment is to bring that back to 65 per- under the Internal Revenue Code of 1986 for What did we learn from Katrina? We cent. It is not about being a miser. It is which a notice of lien has been filed in public learned that nearly $1 billion of not about wanting to save money. It is records pursuant to section 6323 of that Code. Katrina money went to people who about prudence. It is about sound judg- (2) EXCLUSIONS.—The term ‘‘seriously de- owed billions of dollars to the Federal ment. It is about common sense. linquent tax debt’’ does not include— Government. These were not disputable What do we know from the 1988 Staf- (A) a debt that is being paid in a timely facts, these were real facts. We also ford Act? Here is what we know. What manner pursuant to an agreement under sec- learned that we spent significantly tion 6159 or 7122 of Internal Revenue Code of we know is that when we changed the 1986; and over $100 million giving grants and cost share to an appropriate level so (B) a debt with respect to which a collec- money to people who were deceased. So that we did not get things done on the tion due process hearing under section 6330 all we are saying is, on this bill, let’s Federal Government’s, the taxpayers’ of that Code, or relief under subsection (a), learn from our mistakes and let’s not dime without significant participation (b), or (f) of section 6015 of that Code, is re- do the same thing. of local input, what the studies show is quested or pending. So this puts a prohibition on money that during that 1-year period, the Fed- (b) PROHIBITION.—Notwithstanding any going to people who have a legitimate, eral Government saved $3 billion be- other provision of this Act or an amendment adjudicated claim by the IRS that they cause projects did not get funded that made by this Act, none of the amounts ap- are not paying taxes that are due to propriated by or otherwise made available were not priorities because of the 65 under this Act may be used to make pay- the Federal Government; that they, in percent Federal contribution and the ments to an individual or entity who has a fact, will not participate because they 35-percent cost share. So what this seriously delinquent tax debt during the did not participate. does is reintroduce the 65-percent Fed- pendency of such seriously delinquent tax The second thing is if, in fact, you eral payment and the 35-percent cost debt. really don’t exist any more in life, you share to do that. Again, most of these SEC. 1107. PROHIBITION ON EMERGENCY SPEND- really shouldn’t be collecting money projects are not going to start until ING FOR DECEASED INDIVIDUALS. off our kids to pay for something that 2015. So priorities are important. None of the amounts appropriated by or isn’t a real need. So we are borrowing $60 billion—and otherwise made available under this Act may The final point of it is to really focus be used for any person who is not alive when this is just the first bill, I am told, and this on the Sandy supplemental, and the amounts are made available. This does that is the division on which we will I am sure we are going to have to spend not apply to funeral costs. have a separate vote, is for funding more, but shouldn’t we be more pru- SEC. 1108. PROHIBITION ON EMERGENCY SPEND- dent with how we spend dollars that ING FOR FISHERIES. fisheries. I have no problem with fund- are going to be borrowed against our None of the funds appropriated or made ing fisheries. I have a big problem with children’s future? All this says is re- available in this Act may be used for any borrowing from my kids to fund those vert it back to what has been done. commercial fishery that is located more very fisheries. The second point I would make is than 50 miles outside of the boundaries of a It is about priorities. We refuse to that this is the first time in recent his- major disaster area, as declared by the Presi- make priorities, and now that we have tory where we have said—the people of dent under the Robert T. Stafford Disaster a bill that we don’t have to cut spend- Relief and Emergency Assistance Act (42 ing anywhere from—we are going to Louisiana had a 65-percent cost share U.S.C. 5170 et seq.), for Hurricane Sandy. to the Federal Government, the people borrow it all—we decide that we are of Texas, the people of Mississippi, the Mr. COBURN. Per the further request going to add everything into it we can. people of Alabama, and all of a sudden, of Senator SCHUMER, I put a division in I am not saying there is not a need in we are now going to say: No, that does this amendment so we would have two Alaska or on the west coast for this. not apply to the people in the North- votes on it, separating out the fish- What I am saying is there is a need for east. So it is unfair to the other areas eries. Because he felt that was impor- us to start making choices. The choice that had major catastrophes that now tant, I was glad to accommodate his has to be not whether we will pay for all of a sudden, in time of extremis in needs. it, it is what is a lower priority than terms of our debt and deficit, we are Mr. SCHUMER. Would the Senator funding the fishery? We tend to want going to all of a sudden change that. yield? to not want to make those choices. I Why are we changing that, especially Mr. COBURN. I would be happy to am saying, in this amendment, that we since most of this money is not going yield. ought to have to. to be spent—is not even going to be Mr. SCHUMER. I thank the Senator. We will see what the will of the Sen- initialized—for at least 2 years? The Senator was gracious. There are ate is. I probably already know the an- two separate issues here, one of which AMENDMENT NO. 3370, AS MODIFIED, TO swer to it. But the fact is that all we AMENDMENT NO. 3395 I think most of us on this side would are doing is stealing from our kids. All Mr. COBURN. I ask unanimous con- accept. The other we could not. To of you know I can document over $200 sent that that amendment be set aside lump them together would have tied billion a year in duplication, fraud, and and amendment No. 3370 be called up. two issues together that were not fair. waste in the Federal Government. We The PRESIDING OFFICER (Mr. The Senator from Oklahoma was ex- are not offering any of that to elimi- CASEY.) Without objection, it is so or- tremely gracious. He said right away: nate to be able to pay for this. dered. We will divide them. He did not have to So if we are going to do the $150 mil- The clerk will report. do that. I very much appreciate that. lion for fisheries, ought we not to cut The assistant legislative clerk read Mr. COBURN. I am happy to do that. spending somewhere else to pay for it? as follows: Let me tell you what crux of this That is the whole point of this. The Senator from Oklahoma [Mr. COBURN], amendment is. When we have disasters, I would ask unanimous consent that for himself and Mr. MCCAIN, proposes an we have real, legitimate needs. We amendment be set aside.

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.095 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8434 CONGRESSIONAL RECORD — SENATE December 27, 2012 The PRESIDING OFFICER. Without rity, of which FEMA is a member—I liked to have had 5 minutes. I have to objection, it is so ordered. presume she would want to comment be somewhere at 7:30. I came down Mr. COBURN. I believe I am through, on the Senator’s amendment. here, but I wanted to make some points Mr. Chairman, and I would make the The PRESIDING OFFICER. The Sen- before I leave. I was trying to sum up. following point— ator from Louisiana. Mr. SCHUMER. Then I will go after The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Mr. President, I the Senator from Oklahoma as well. ator from Maryland. would like to just say a word broadly Mr. COBURN. That is fine. Ms. MIKULSKI. Again, I wish to in response to Senator COBURN’s state- Ms. MIKULSKI. Did I inadvertently thank the Senator from Oklahoma for ment and his offering of several amend- interrupt you? offering all those amendments. ments to substantially in some cases Mr. COBURN. That is fine. I have to I would like to comment on Coburn and in other cases not so substantially leave, but I want to make some points. 3370, division 1 on the tax cheats. I cer- change this bill. Mr. SCHUMER. Let me ask unani- tainly want to compliment him on that I thank the Senator from Michigan mous consent that first, for 5 minutes, amendment. Every single Senator for yielding just a minute, and I know the Senators from Michigan and Or- wants to prevent tax cheaters from re- the Senator from New York wants to egon introduce their amendment, then ceiving any funding in this bill. I am respond as well. the Senator from Oklahoma sums up, for all of those prohibitions on tax Generally, I would like to say that I and then that I be given time to rebut cheats. I carry a similar provision in know the Senator from Oklahoma is their amendments. my usual customary Commerce-Justice very sincere. Literally no one in this Mr. MENENDEZ. Reserving the right bill. Chamber has worked harder to try to to object—I am not going to object, but The Senator from Oklahoma also was get more reform and eliminate duplica- I would like to amend the request so very tentative about modifying it, but tion. But I just wish to say one thing in that I would be recognized after him. he still covers the tax cheats, and also response. When we have emergencies in Mr. SCHUMER. No problem. dead people can’t get Federal funds. this country, like when we go to war, Mr. MENENDEZ. After the Senator The Senator modified it to cover fu- no one comes to the floor to debate from New York. neral expenses. But we are also being how we are going to offset $1.4 trillion The PRESIDING OFFICER. Without told that this—by the Finance Com- worth of expense for two wars, Iraq and objection, it is so ordered. Afghanistan. When we came to the mittee—that this amendment is not a AMENDMENT NO. 3367 TO AMENDMENT NO. 3395, AS floor a couple of years ago to vote for blue slip issue. FURTHER MODIFIED tax cuts, many of us claimed and said I support the Senator’s amendment, Mr. MERKLEY. Mr. President, I call at the time there would not be enough and if it is agreeable with the Senator up amendment No. 3367 and ask that it money to cover them, we had to borrow from Oklahoma, on this side, we would be further modified with the changes at money to do that. The other side sat like to take his amendment tonight. the desk. quietly and didn’t say a word. Why is it Mr. COBURN. I am happy to have Mr. MERKLEY. Mr. President, I ask that when Americans—when a building you take it. I have no objection. that Senator BLUNT be added as a co- is blown up in Oklahoma or when the Ms. MIKULSKI. Now on the fisheries sponsor. levees break in Louisiana or when the part, we don’t take the fisheries part. The PRESIDING OFFICER. Without worst storm in 50 years comes, we have Mr. COBURN. I understand that. objection, it is so ordered. Ms. MIKULSKI. I oppose the division to debate an offset? Now, this bill is not going to be off- The clerk will report the amendment, 2, the fisheries amendment. I under- set; it is going to pass, I hope. And I as further modified. stand the Senator’s intention, but his The assistant legislative clerk read understand Senator COBURN’s com- point is that he tries to say that fish- ments, but I want to say that when as follows: ery disaster funding should be for com- Americans are hurting, people can re- The Senator from Oregon [Mr. MERKLEY] munities affected primarily by Stafford cover if we give them the adequate re- proposes an amendment numbered 3367, for Act requirements. The Stafford Act himself, Mrs. STABENOW, Mrs. MCCASKILL, sponse early enough in the disaster. Mr. BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. covers FEMA-certified disasters. So in Secondly, and then I am going to sit order to get help from FEMA, which is JOHNSON of South Dakota, Mr. UDALL, and down, the thresholds, the debris, and Mr. BLUNT, as further modified. governed by the Stafford Act, it has to the contracting—there are some legiti- The amendment is as follows: be certified by the President. mate concerns, but there are reforms Fisheries are different because fish- in the underlying bill that will help to At the end of title I, add the following: eries are covered under an agency do better contracting, better debris re- GENERAL PROVISIONS—THIS CHAPTER called NOAA, the National Oceanic and moval, and more efficient cleanup and SEC. 101. SUPPLEMENTAL AGRICULTURAL DIS- Atmospheric Agency. It is under the recovery after a disaster. ASTER ASSISTANCE PROGRAMS. Department of Commerce. So if you So I ask the Senator, please, I under- (a) DEFINITIONS.—In this section: think you have a fisheries disaster, you stand we have a big budget issue, but (1) ELIGIBLE PRODUCER ON A FARM.— (A) IN GENERAL.—The term ‘‘eligible pro- take that to the Secretary of Com- this is not the time to debate the cost merce, who has an explicit criteria in ducer on a farm’’ means an individual or en- of this bill. What it is time to debate is tity described in subparagraph (B) that, as order to qualify. You just can’t say: what should be in it and what determined by the Secretary, assumes the Well, I don’t have the fish I used to. shouldn’t, and I think the Senator production and market risks associated with Oh, my lobster pots are a little rusty. from New York has more specifics the agricultural production of crops or live- No. You have to have real criteria that about some of the recommendations. stock. you have been hit. Therefore, you can- But I thank the chairlady from (B) DESCRIPTION.—An individual or entity not get fisheries assistance unless a Maryland for organizing this effort to- referred to in subparagraph (A) is— fishery disaster has been declared by (i) a citizen of the United States; night, and I will submit more for the (ii) a resident alien; the Secretary of Commerce. record in the morning. Fishery disasters are necessary and (iii) a partnership of citizens of the United The PRESIDING OFFICER. The Sen- States; or urgent. Coastal fisheries, our coastal ator from New York. (iv) a corporation, limited liability cor- communities—our fisheries are part of Mr. SCHUMER. I have a lot I want to poration, or other farm organizational struc- their identity, and they are certainly say in reference to my good friend from ture organized under State law. part of our economy. They certainly Oklahoma, but I know my colleagues (2) FARM.— are in my State. And those are the dis- from Oregon and Michigan have a time (A) IN GENERAL.—The term ‘‘farm’’ means, asters that are covered here. So I hope commitment, so I am just going to ask in relation to an eligible producer on a farm, the amendment of the Senator from unanimous consent that they be al- the total of all crop acreage in all counties Oklahoma is defeated. that is planted or intended to be planted for lowed to offer their amendment and harvest, for sale, or on-farm livestock feed- His other amendments, I could com- then I, using our time on this amend- ing (including native grassland intended for ment upon, but I didn’t know if the ment. haying) by the eligible producer. gentlelady from Louisiana, who chairs Mr. COBURN. I would object to that (B) AQUACULTURE.—In the case of aqua- the Subcommittee on Homeland Secu- at this point in time. I would have culture, the term ‘‘farm’’ means, in relation

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(IV) entered into a contract to purchase; (I) is native or improved pastureland with (C) HONEY.—In the case of honey, the term (V) was a contract grower; or permanent vegetative cover; or ‘‘farm’’ means, in relation to an eligible pro- (VI) sold or otherwise disposed of due to an (II) is planted to a crop planted specifically ducer on a farm, all bees and beehives in all eligible forage loss during— for the purpose of providing grazing for cov- counties that are intended to be harvested (aa) the current production year; or ered livestock. for a honey crop for sale by the eligible pro- (bb) subject to paragraph (4)(B)(ii), 1 or (ii) EXCLUSIONS.—An eligible livestock pro- ducer. both of the 2 production years immediately ducer may not receive assistance under this (3) FARM-RAISED FISH.—The term ‘‘farm- preceding the current production year. paragraph for eligible forage losses that raised fish’’ means any aquatic species that (ii) EXCLUSION.—The term ‘‘covered live- occur on land used for haying or grazing is propagated and reared in a controlled en- stock’’ does not include livestock that were under the conservation reserve program es- vironment. or would have been in a feedlot, on the begin- tablished under subchapter B of chapter 1 of (4) LIVESTOCK.—The term ‘‘livestock’’ in- ning date of the eligible forage loss, as a part subtitle D of title XII of the Food Security cludes— of the normal business operation of the eligi- Act of 1985 (16 U.S.C. 3831 et seq.), unless the (A) cattle (including dairy cattle); ble livestock producer, as determined by the land is grassland eligible for the grassland (B) bison; Secretary. reserve program established under sub- (C) poultry; (B) DROUGHT MONITOR.—The term ‘‘drought chapter D of chapter 2 of subtitle D of title (D) sheep; monitor’’ means a system for classifying XII of the Food Security Act of 1985 (16 (E) swine; drought severity according to a range of ab- U.S.C. 3838n et seq.). (F) horses; and normally dry to exceptional drought, as de- (B) MONTHLY PAYMENT RATE.— (G) other livestock, as determined by the fined by the Secretary. (i) IN GENERAL.—Except as provided in Secretary. (C) ELIGIBLE FORAGE LOSS.—The term ‘‘eli- clause (ii), the payment rate for assistance (b) LIVESTOCK INDEMNITY PAYMENTS.— gible forage loss’’ means 1 or more forage for 1 month under this paragraph shall, in (1) PAYMENTS.—For fiscal year 2012, the losses that occur due to weather-related con- the case of drought, be equal to 60 percent of Secretary shall use such sums as are nec- ditions, including drought, flood, blizzard, the lesser of— essary of the funds of the Commodity Credit hail, excessive moisture, hurricane, and fire, (I) the monthly feed cost for all covered Corporation to make livestock indemnity occurring during the normal grazing period, livestock owned or leased by the eligible payments to eligible producers on farms that as determined by the Secretary, if the for- livestock producer, as determined under sub- have incurred livestock death losses in ex- age— paragraph (C); or cess of the normal mortality, as determined (i) is grown on land that is native or im- (II) the monthly feed cost calculated by by the Secretary, due to— proved pastureland with permanent vegeta- using the normal carrying capacity of the el- (A) attacks by animals reintroduced into tive cover; or igible grazing land of the eligible livestock the wild by the Federal Government or pro- (ii) is a crop planted specifically for the producer. tected by Federal law, including wolves; or purpose of providing grazing for covered live- (ii) PARTIAL COMPENSATION.—In the case of (B) adverse weather, as determined by the stock of an eligible livestock producer. an eligible livestock producer that sold or Secretary, during the calendar year, includ- (D) ELIGIBLE LIVESTOCK PRODUCER.— otherwise disposed of covered livestock due ing losses due to hurricanes, floods, bliz- (i) IN GENERAL.—The term ‘‘eligible live- to drought conditions in 1 or both of the 2 zards, disease, wildfires, extreme heat, and stock producer’’ means an eligible producer production years immediately preceding the extreme cold. on a farm that— current production year, as determined by (2) PAYMENT RATES.—Indemnity payments (I) is an owner, cash or share lessee, or con- the Secretary, the payment rate shall be 80 to an eligible producer on a farm under para- tract grower of covered livestock that pro- percent of the payment rate otherwise cal- graph (1) shall be made at a rate of 65 per- vides the pastureland or grazing land, includ- culated in accordance with clause (i). cent of the market value of the applicable ing cash-leased pastureland or grazing land, (C) MONTHLY FEED COST.— livestock on the day before the date of death for the covered livestock; (i) IN GENERAL.—The monthly feed cost of the livestock, as determined by the Sec- (II) provides the pastureland or grazing shall equal the product obtained by multi- retary. land for covered livestock, including cash- plying— (3) SPECIAL RULE FOR PAYMENTS MADE DUE leased pastureland or grazing land that is (I) 30 days; TO DISEASE.—The Secretary shall ensure that physically located in a county affected by an (II) a payment quantity that is equal to payments made to an eligible producer under eligible forage loss; the feed grain equivalent, as determined paragraph (1) are not made for the same live- (III) certifies the eligible forage loss; and under clause (ii); and stock losses for which compensation is pro- (IV) meets all other eligibility require- (III) a payment rate that is equal to the vided pursuant to section 10407(d) of the Ani- ments established under this subsection. corn price per pound, as determined under mal Health Protection Act (7 U.S.C. 8306(d)). (ii) EXCLUSION.—The term ‘‘eligible live- clause (iii). (c) LIVESTOCK FORAGE DISASTER PRO- stock producer’’ does not include an owner, (ii) FEED GRAIN EQUIVALENT.—For purposes GRAM.— cash or share lessee, or contract grower of of clause (i)(II), the feed grain equivalent (1) ESTABLISHMENT.—There is established a livestock that rents or leases pastureland or shall equal— livestock forage disaster program to provide grazing land owned by another person on a (I) in the case of an adult beef cow, 15.7 1 source for livestock forage disaster assist- rate-of-gain basis. pounds of corn per day; or ance for weather-related forage losses, as de- (E) NORMAL CARRYING CAPACITY.—The term (II) in the case of any other type of weight termined by the Secretary, by combining— ‘‘normal carrying capacity’’, with respect to of livestock, an amount determined by the (A) the livestock forage assistance func- each type of grazing land or pastureland in a Secretary that represents the average num- tions of— county, means the normal carrying capacity, ber of pounds of corn per day necessary to (i) the noninsured crop disaster assistance as determined under paragraph (4)(D)(i), that feed the livestock. program established by section 196 of the would be expected from the grazing land or (iii) CORN PRICE PER POUND.—For purposes Federal Agriculture Improvement and Re- pastureland for livestock during the normal of clause (i)(III), the corn price per pound form Act of 1996 (7 U.S.C. 7333); and grazing period, in the absence of an eligible shall equal the quotient obtained by divid- (ii) the emergency assistance for livestock, forage loss that diminishes the production of ing— honey bees, and farm-raised fish program the grazing land or pastureland. (I) the higher of— under section 531(e) of the Federal Crop In- (F) NORMAL GRAZING PERIOD.—The term (aa) the national average corn price per surance Act (7 U.S.C. 1531(e)) (as in existence ‘‘normal grazing period’’, with respect to a bushel for the 12-month period immediately on the day before the date of enactment of county, means the normal grazing period preceding March 1 of the year for which the this Act); and during the calendar year for the county, as disaster assistance is calculated; or (B) the livestock forage disaster program determined under paragraph (4)(D)(i). (bb) the national average corn price per under section 531(d) of the Federal Crop In- (3) PROGRAM.—For fiscal year 2012, the Sec- bushel for the 24-month period immediately surance Act (7 U.S.C. 1531(d)) (as in existence retary shall use such sums as are necessary preceding that March 1; by on the day before the date of enactment of of the funds of the Commodity Credit Cor- (II) 56. this Act). poration to provide compensation under (D) NORMAL GRAZING PERIOD AND DROUGHT (2) DEFINITIONS.—In this subsection: paragraphs (4) through (6), as determined by MONITOR INTENSITY.— (A) COVERED LIVESTOCK.— the Secretary for eligible forage losses af- (i) FSA COUNTY COMMITTEE DETERMINA- (i) IN GENERAL.—Except as provided in fecting covered livestock of eligible live- TIONS.— clause (ii), the term ‘‘covered livestock’’ stock producers. (I) IN GENERAL.—The Secretary shall deter- means livestock of an eligible livestock pro- (4) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES mine the normal carrying capacity and nor- ducer that, during the 60 days prior to the DUE TO DROUGHT CONDITIONS.— mal grazing period for each type of grazing beginning date of an eligible forage loss, as (A) ELIGIBLE FORAGE LOSSES.— land or pastureland in the county served by determined by the Secretary, the eligible (i) IN GENERAL.—An eligible livestock pro- the applicable Farm Service Agency com- livestock producer— ducer of covered livestock may receive as- mittee.

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(II) CHANGES.—No change to the normal (i) IN GENERAL.—Subject to clause (ii), an (1) DEFINITIONS.—In this subsection: carrying capacity or normal grazing period eligible livestock producer shall be eligible (A) ELIGIBLE ORCHARDIST.—The term ‘‘eli- established for a county under subclause (I) to receive assistance under this paragraph gible orchardist’’ means a person that pro- shall be made unless the change is requested for the period— duces annual crops from trees for commer- by the appropriate State and county Farm (I) beginning on the date on which the Fed- cial purposes. Service Agency committees. eral agency excludes the eligible livestock (B) NATURAL DISASTER.—The term ‘‘natural (ii) DROUGHT INTENSITY.— producer from using the managed rangeland disaster’’ means plant disease, insect infesta- (I) D2.—An eligible livestock producer that for grazing; and tion, drought, fire, freeze, flood, earthquake, owns or leases grazing land or pastureland (II) ending on the last day of the Federal lightning, or other occurrence, as deter- that is physically located in a county that is lease of the eligible livestock producer. mined by the Secretary. rated by the U.S. Drought Monitor as having (ii) LIMITATION.—An eligible livestock pro- (C) NURSERY TREE GROWER.—The term a D2 (severe drought) intensity in any area ducer may only receive assistance under this ‘‘nursery tree grower’’ means a person who of the county for at least 8 consecutive paragraph for losses that occur on not more produces nursery, ornamental, fruit, nut, or weeks during the normal grazing period for than 180 days per year. Christmas trees for commercial sale, as de- the county, as determined by the Secretary, (6) ASSISTANCE FOR ELIGIBLE FORAGE LOSSES termined by the Secretary. shall be eligible to receive assistance under DUE TO OTHER THAN DROUGHT OR FIRE.— (D) TREE.—The term ‘‘tree’’ includes a this paragraph in an amount equal to 1 (A) ELIGIBLE FORAGE LOSSES.— tree, bush, and vine. monthly payment using the monthly pay- (i) IN GENERAL.—Subject to subparagraph (2) ELIGIBILITY.— ment rate determined under subparagraph (B), an eligible livestock producer of covered (A) LOSS.—Subject to subparagraph (B), for (B). livestock may receive assistance under this fiscal year 2012, the Secretary shall use such (II) D3.—An eligible livestock producer paragraph for eligible forage losses that sums as are necessary of the funds of the that owns or leases grazing land or occur due to weather-related conditions Commodity Credit Corporation to provide pastureland that is physically located in a other than drought or fire on land that— assistance— county that is rated by the U.S. Drought (I) is native or improved pastureland with (i) under paragraph (3) to eligible orchard- Monitor as having at least a D3 (extreme permanent vegetative cover; or ists and nursery tree growers that planted drought) intensity in any area of the county (II) is planted to a crop planted specifically trees for commercial purposes but lost the at any time during the normal grazing pe- for the purpose of providing grazing for cov- trees as a result of a natural disaster, as de- riod for the county, as determined by the ered livestock. termined by the Secretary; and Secretary, shall be eligible to receive assist- (ii) EXCLUSIONS.—An eligible livestock pro- (ii) under paragraph (3)(B) to eligible or- ance under this paragraph— ducer may not receive assistance under this chardists and nursery tree growers that have (aa) in an amount equal to 3 monthly pay- paragraph for eligible forage losses that a production history for commercial pur- ments using the monthly payment rate de- occur on land used for haying or grazing poses on planted or existing trees but lost termined under subparagraph (B); under the conservation reserve program es- the trees as a result of a natural disaster, as (bb) if the county is rated as having a D3 tablished under subchapter B of chapter 1 of determined by the Secretary. (extreme drought) intensity in any area of subtitle D of title XII of the Food Security (B) LIMITATION.—An eligible orchardist or the county for at least 4 weeks during the Act of 1985 (16 U.S.C. 3831 et seq.), unless the nursery tree grower shall qualify for assist- normal grazing period for the county, or is land is grassland eligible for the grassland ance under subparagraph (A) only if the tree rated as having a D4 (exceptional drought) reserve program established under sub- mortality of the eligible orchardist or nurs- intensity in any area of the county at any chapter D of chapter 2 of subtitle D of title ery tree grower, as a result of damaging time during the normal grazing period, in an XII of the Food Security Act of 1985 (16 weather or related condition, exceeds 15 per- amount equal to 4 monthly payments using U.S.C. 3838n et seq.). cent (adjusted for normal mortality). the monthly payment rate determined under (B) PAYMENTS FOR ELIGIBLE FORAGE (3) ASSISTANCE.—Subject to paragraph (4), subparagraph (B); or LOSSES.— the assistance provided by the Secretary to (cc) if the county is rated as having a D4 (i) IN GENERAL.—The Secretary shall pro- eligible orchardists and nursery tree growers (exceptional drought) intensity in any area vide assistance under this paragraph to an for losses described in paragraph (2) shall of the county for at least 4 weeks during the eligible livestock producer for eligible forage consist of— normal grazing period, in an amount equal losses that occur due to weather-related con- (A)(i) reimbursement of 65 percent of the to 5 monthly payments using the monthly ditions other than— cost of replanting trees lost due to a natural rate determined under subparagraph (B). (I) drought under paragraph (4); and disaster, as determined by the Secretary, in (iii) ANNUAL PAYMENT BASED ON DROUGHT (II) fire on public managed land under excess of 15 percent mortality (adjusted for CONDITIONS DETERMINED BY MEANS OTHER paragraph (5). normal mortality); or THAN THE U.S. DROUGHT MONITOR.— (ii) TERMS AND CONDITIONS.—The Secretary (ii) at the option of the Secretary, suffi- (I) IN GENERAL.—An eligible livestock pro- shall establish terms and conditions for as- cient seedlings to reestablish a stand; and ducer that owns grazing land or pastureland sistance under this paragraph that are con- (B) reimbursement of 50 percent of the cost that is physically located in a county that sistent with the terms and conditions for as- of pruning, removal, and other costs incurred has experienced on average, over the pre- sistance under this subsection. by an eligible orchardist or nursery tree ceding calendar year, precipitation levels (7) NO DUPLICATIVE PAYMENTS.—An eligible grower to salvage existing trees or, in the that are 50 percent or more below normal livestock producer may elect to receive as- case of tree mortality, to prepare the land to levels, according to sufficient documentation sistance for eligible forage losses under ei- replant trees as a result of damage or tree as determined by the Secretary, may be eli- ther paragraph (4), (5), or (6), if applicable, mortality due to a natural disaster, as deter- gible, subject to a determination by the Sec- but may not receive assistance under more mined by the Secretary, in excess of 15 per- retary, to receive assistance under this para- than 1 of those paragraphs for the same loss, cent damage or mortality (adjusted for nor- graph in an amount equal to not more than as determined by the Secretary. mal tree damage and mortality). 1 monthly payment using the monthly pay- (8) DETERMINATIONS BY SECRETARY.—A de- (4) LIMITATIONS ON ASSISTANCE.— ment rate under subparagraph (B). termination made by the Secretary under (A) DEFINITIONS OF LEGAL ENTITY AND PER- (II) NO DUPLICATE PAYMENT.—A producer this subsection shall be final and conclusive. SON.—In this paragraph, the terms ‘‘legal en- may not receive a payment under both (d) EMERGENCY ASSISTANCE FOR LIVESTOCK, clause (ii) and this clause. HONEY BEES, AND FARM-RAISED FISH.— tity’’ and ‘‘person’’ have the meaning given (5) ASSISTANCE FOR LOSSES DUE TO FIRE ON (1) IN GENERAL.—For fiscal year 2012, the those terms in section 1001(a) of the Food Se- PUBLIC MANAGED LAND.— Secretary shall use not more than $5,000,000 curity Act of 1985 (7 U.S.C. 1308(a)). (A) IN GENERAL.—An eligible livestock pro- of the funds of the Commodity Credit Cor- (B) AMOUNT.—The total amount of pay- ducer may receive assistance under this poration to provide emergency relief to eligi- ments received, directly or indirectly, by a paragraph only if— ble producers of livestock, honey bees, and person or legal entity (excluding a joint ven- (i) the eligible forage losses occur on farm-raised fish to aid in the reduction of ture or general partnership) under this sub- rangeland that is managed by a Federal losses due to disease, adverse weather, or section may not exceed $100,000 for any crop agency; and other conditions, such as blizzards and year, or an equivalent value in tree seed- (ii) the eligible livestock producer is pro- wildfires, as determined by the Secretary, lings. hibited by the Federal agency from grazing that are not covered under subsection (b) or (C) ACRES.—The total quantity of acres the normal permitted livestock on the man- (c). planted to trees or tree seedlings for which a aged rangeland due to a fire. (2) USE OF FUNDS.—Funds made available person or legal entity shall be entitled to re- (B) PAYMENT RATE.—The payment rate for under this subsection shall be used to reduce ceive payments under this subsection may assistance under this paragraph shall be losses caused by feed or water shortages, dis- not exceed 500 acres. equal to 50 percent of the monthly feed cost ease, or other factors as determined by the (f) PAYMENT LIMITATIONS.— for the total number of livestock covered by Secretary. (1) DEFINITIONS OF LEGAL ENTITY AND PER- the Federal lease of the eligible livestock (3) AVAILABILITY OF FUNDS.—Any funds SON.—In this subsection, the terms ‘‘legal en- producer, as determined under paragraph made available under this subsection shall tity’’ and ‘‘person’’ have the meanings given (4)(C). remain available until expended. those terms in section 1001(a) of the Food Se- (C) PAYMENT DURATION.— (e) TREE ASSISTANCE PROGRAM.— curity Act of 1985 (7 U.S.C. 1308(a)).

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(2) AMOUNT.—The total amount of disaster ance Act (7 U.S.C. 1508) that does not exceed (1) section 251(b)(2)(A)(i) of the Balanced assistance payments received, directly or in- 65 percent, computed by multiplying— Budget and Emergency Deficit Control Act directly, by a person or legal entity (exclud- ‘‘(A) the quantity that is less than 50 to 65 of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and ing a joint venture or general partnership) percent of the established yield for the crop, (2) section 4(g) of the Statutory Pay-As- under this section (excluding payments re- as determined by the Secretary, specified in You-Go Act of 2010 (Public Law 111-139; 2 ceived under subsection (e)) may not exceed increments of 5 percent; U.S.C. 933(g)). $100,000 for any crop year. ‘‘(B) 100 percent of the average market Mr. MERKLEY. Mr. President, I (3) DIRECT ATTRIBUTION.—Subsections (d) price for the crop, as determined by the Sec- would like to thank very much Senator and (e) of section 1001 of the Food Security retary; and BLUNT and Senator STABENOW, who Act of 1985 (7 U.S.C. 1308) or any successor ‘‘(C) a payment rate for the type of crop, as provisions relating to direct attribution determined by the Secretary, that reflects— have worked so hard to bring together shall apply with respect to assistance pro- ‘‘(i) in the case of a crop that is produced a common vision in how we can address vided under this section. with a significant and variable harvesting the terrible disasters of drought and (g) EMERGENCY DESIGNATION.—This section expense, the decreasing cost incurred in the wildfires that ravaged many parts of is designated by Congress as being for an production cycle for the crop that is, as ap- emergency requirement pursuant to— the country this last summer. plicable— (1) section 251(b)(2)(A)(i) of the Balanced Now, we are no longer in the sum- ‘‘(I) harvested; Budget and Emergency Deficit Control Act mer, so we are months late but better ‘‘(II) planted but not harvested; or of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and now than to wait a single additional (2) section 4(g) of the Statutory Pay-As- ‘‘(III) prevented from being planted be- day. cause of drought, flood, or other natural dis- You-Go Act of 2010 (Public Law 111-139; 2 With that, I yield to Senator STABE- U.S.C. 933(g)). aster, as determined by the Secretary; or ‘‘(ii) in the case of a crop that is produced NOW from Michigan and thank her so SEC. 102. NONINSURED CROP ASSISTANCE PRO- much for working so hard and well on GRAM. without a significant and variable harvesting (a) IN GENERAL.—Section 196 of the Federal expense, such rate as shall be determined by this. Agriculture Improvement and Reform Act of the Secretary. The PRESIDING OFFICER. The Sen- 1996 (7 U.S.C. 7333) is amended— ‘‘(2) PREMIUM.—To be eligible to receive a ator from Michigan. (1) in subsection (a)— payment under this subsection, a producer Ms. STABENOW. I first wish to shall pay— (A) by striking paragraph (1) and inserting thank Senator MERKLEY, who has been ‘‘(A) the service fee required by subsection the following: tireless in bringing forward the issues ‘‘(1) IN GENERAL.— (k); and of farmers and ranchers in Oregon. And ‘‘(A) COVERAGES.—In the case of an eligible ‘‘(B) a premium for the applicable crop crop described in paragraph (2), the Sec- year that is equal to— to my colleagues who are here on the retary of Agriculture shall operate a non- ‘‘(i) the product obtained by multiplying— floor from New York and New Jersey, I insured crop disaster assistance program to ‘‘(I) the number of acres devoted to the eli- had the opportunity to be in New Jer- provide coverages based on individual yields gible crop; sey with Senator MENENDEZ and to see (other than for value-loss crops) equivalent ‘‘(II) the yield, as determined by the Sec- firsthand, also with Senator LANDRIEU retary under subsection (e); to— and Senator TESTER. It is very, very ‘‘(III) the coverage level elected by the pro- ‘‘(i) catastrophic risk protection available clear that this is a horrific situation under section 508(b) of the Federal Crop In- ducer; surance Act (7 U.S.C. 1508(b)); or ‘‘(IV) the average market price, as deter- and deserves our attention and sup- ‘‘(ii) additional coverage available under mined by the Secretary; and port. subsections (c) and (h) of section 508 of that ‘‘(ii) 5.25-percent premium fee. What we are doing with this amend- Act (7 U.S.C. 1508) that does not exceed 65 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO- ment, as modified—and I want to percent. CIALLY DISADVANTAGED FARMERS.—The addi- thank Senator BLUNT for working with ‘‘(B) ADMINISTRATION.—The Secretary shall tional coverage made available under this us and cosponsoring the amendment— carry out this section through the Farm subsection shall be available to limited re- is to basically take what we have done source, beginning, and socially disadvan- Service Agency (referred to in this section as and already passed in the farm bill and the ‘Agency’).’’; and taged producers, as determined by the Sec- (B) in paragraph (2)— retary, in exchange for a premium that is 50 putting it into this very important dis- (i) in subparagraph (A)— percent of the premium determined for a aster assistance bill. (I) in clause (i), by striking ‘‘and’’ after the producer under paragraph (2). In the spring, we experienced late semicolon at the end; ‘‘(4) ADDITIONAL AVAILABILITY.— freezes that wiped out many fruit crops (II) by redesignating clause (ii) as clause ‘‘(A) IN GENERAL.—As soon as practicable in a number of States, including Michi- (iii); and after October 1, 2013, the Secretary shall gan, New York, and Pennsylvania. In (III) by inserting after clause (i) the fol- make assistance available to producers of an my home State, we had a 98-percent otherwise eligible crop described in sub- lowing: loss of cherry crops, and they don’t ‘‘(ii) for which additional coverage under section (a)(2) that suffered losses— subsections (c) and (h) of section 508 of that ‘‘(i) to a 2012 annual fruit crop grown on a have access to any crop insurance. We Act (7 U.S.C. 1508) is not available; and’’; and bush or tree; and are talking about those who don’t have (ii) in subparagraph (B)— ‘‘(ii) in a county covered by a declaration that option to be able to help mitigate (I) by inserting ‘‘(except ferns)’’ after ‘‘flo- by the Secretary of a natural disaster for their losses. ricultural’’; production losses due to a freeze or frost. In the summer, we saw the worst (II) by inserting ‘‘(except ferns)’’ after ‘‘or- ‘‘(B) ASSISTANCE.—The Secretary shall drought since 1956. It left crops with- namental nursery’’; and make assistance available under subpara- ering in the field. All across our coun- graph (A) in an amount equivalent to assist- (III) by striking ‘‘(including ornamental try, over 80 percent of the contiguous fish)’’ and inserting ‘‘(including ornamental ance available under paragraph (1), less any fish, but excluding tropical fish)’’; fees not previously paid under paragraph United States experienced drought con- (2) in subsection (d), by striking ‘‘The Sec- (2).’’. ditions. Eleven States still have excep- tional drought conditions, and there retary’’ and inserting ‘‘Subject to subsection (b) TERMINATION DATE.— (l), the Secretary’’; (1) IN GENERAL.—Effective October 1, 2017, are 17 States with severe drought con- (3) in subsection (k)(1)— subsection (a) and the amendments made by ditions. (A) in subparagraph (A), by striking ‘‘$250’’ subsection (a) (other than the amendments I can’t imagine having a disaster as- and inserting ‘‘$260’’; and made by clauses (i)(I) and (ii) of subsection sistance bill come through this Senate (B) in subparagraph (B)— (a)(1)(B)) are repealed without including help for our farmers (i) by striking ‘‘$750’’ and inserting ‘‘$780’’; (2) ADMINISTRATION.—Effective October 1, and and ranchers who have been hit so very 2017, section 196 of the Federal Agriculture hard this year. (ii) by striking ‘‘$1,875’’ and inserting Improvement and Reform Act of 1996 (7 ‘‘$1,950’’; and U.S.C. 7333) shall be applied and adminis- I urge my colleagues to support our (4) by adding at the end the following: tered as if subsection (a) and the amend- amendment and thank my colleague ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL ments made by subsection (a) (other than very much for allowing us to offer it. COVERAGE.— the amendments made by clauses (i)(I) and The PRESIDING OFFICER. The Sen- ‘‘(1) IN GENERAL.—The Secretary shall (ii) of subsection (a)(1)(B)) had not been en- ator from Oklahoma. make available to a producer eligible for acted. noninsured assistance under this section a Mr. COBURN. I am sorry that the payment equivalent to an indemnity for ad- (c) EMERGENCY DESIGNATION.—This section Senator from Louisiana has left the ditional coverage under subsections (c) and is designated by Congress as being for an floor because if she would have checked (h) of section 508 of the Federal Crop Insur- emergency requirement pursuant to— my voting records, I have not voted for

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.036 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8438 CONGRESSIONAL RECORD — SENATE December 27, 2012 extending the Bush tax cuts because trillion-dollar deficits as far as the eye If the local cost share were to go to they weren’t paid for. I said that on the can see. We are totally disconnected 35 percent—we don’t have just one big floor. I have not voted to fund the wars from reality. State government, we have lots of lit- in Iraq and Afghanistan because they So I am not going to win. I under- tle localities. Take Long Beach, a city weren’t paid for. stand that. I understand there is a of 35,000. It was wiped out—gone, basi- So when we hear blanket statements need, and I want to supply that need, cally. If they were to have to come up that the other side—‘‘the other side’’ but how we do it is important for the with 35 percent of the project, it would does not tow the line, as would be ex- future of this country. It is also impor- be hopeless. pected by the Senator from Louisiana, tant for our kids. Now, Katrina got 100 percent. We are I have to object. The fact is, I have So we can rationalize and say that not even asking for that. But the 90 been very consistent on those issues. we have always done it this way, that percent that has traditionally been I don’t think you give a tax cut with- this is the way the rules work, but given to Army Corps projects when the out cutting spending in the Federal there is going to be a very big price to damage is so large that it is realized Government. That is what the debate pay, and when that price comes, those the locality cannot pay for it alone is all about. who are sitting in opposition to my makes eminent sense. The village of The reason we are here tonight—and amendments are going to see the con- Lindenhurst, the village of we have a $60 billion bill that is not sequences of that opposition played out Massapequa, the villages on Fire Island going to be paid for except by our in the worst possible way. all do not have the wherewithal. grandkids, with interest, which is The debt bomb in this country is If we were to pass the amendment of going to become $120 billion by the going to explode, and we are going to the Senator from Oklahoma, we would time it is ever paid back—is because we be held accountable for it whether we get no Army Corps relief. Then when don’t have the courage to actually go are still here or not. Our lineage, our storms much smaller than Sandy come through and make hard choices about reputation, our history as Senators in along, we would be wiped out again. So what works and what doesn’t, what is a this Congress is going to come back to it doesn’t make sense. The Long Beach priority and what is not. us that we weren’t up to the task of Storm Damage Reduction Project, for Now, I don’t have any illusions about making the hard decisions that would instance, has a local cost share of $35 my amendments passing. I am very actually save this country, that would million. That is more than a quarter of thankful that a couple of them have fix the problems and put us on track to the entire city’s annual budget. If they been accepted. But the real problem grow again and be the America we can had to pay this share, it wouldn’t get that America sees at the end of this be. built. The same thing for the little vil- I thank the Presiding Officer for the year is a problem with us, that we lage of Asharoken, which was terribly time and the chairwoman for her con- think we can continue to do business damaged. sideration. I thank Senator SCHUMER the way we have always done it. You Again, in the past, when there has for his consideration on the amend- know what. We can’t. been large damage, the Army Corps has We are going to pass this bill, and it ments. I yield the floor. paid 90 percent, localities 10 percent. is going to die because the House isn’t The PRESIDING OFFICER. The Sen- To change those rules now for New going to take it up this year, and we ator from New York. York, after New York taxpayers and are going to have to come back and do Mr. SCHUMER. I thank my colleague New Jersey taxpayers paid hundreds of it again. Hopefully, we are going to do and very much appreciate my col- millions of dollars toward projects on it in the best way that helps the most league from Oklahoma. He has left, but the Mississippi or the Missouri River or people in New York and New Jersey we do have a friendship. I do believe he down in the gulf at a 90–10 percent and everybody else who was involved is a person of integrity. His views ratio, would be totally unfair. there. about government and politics are This amendment would be a crippling Right now, the FEMA money is flow- quite different from mine. He has put amendment, and I strongly urge its re- ing, and we need to increase the his money where his mouth is in a jection. money. I am all for that. We need to number of places when he has not On fisheries, again, my colleague make sure the flood insurance money asked to pay for things that many on from Maryland, our wonderful new goes out right away. But we better get the other side did, et cetera. So I thank chair—off to a great start, and I might hold of ourselves as a Senate and as a him. say, Madam Chair, this being your first nation. We can say we have always I don’t agree with almost anything— bill, you are going like gangbusters, done it this way. We can say we can well, I agree with maybe one or two of but we didn’t expect anything less—has spend $60 billion and not pay for it. We his amendments. And Senator MIKUL- laid out the arguments for those fish- can add all sorts of things. We have a SKI summed up the amendment on fish- eries. The only thing I would say about crop insurance program for apples, but eries very well, so I will talk about them is, hey, that is a disaster too. As we are not going to cover it. We are some of the other amendments and she said, this is not just a case of need- going to go—even the people who why we object to them. It will take a ing new lobster pots, this is a disaster, weren’t covered are going to get cov- few minutes, but I think it is impor- and traditionally we have funded dis- ered even though they didn’t partici- tant to set the record straight. aster relief in supplemental bills, and pate. Under this bill, they are going to Let me take them in numerical it doesn’t have to be just one area. get covered. So what we are going to do order—first, amendment No. 3368, to So I thank my colleagues, particu- is actually undermine the crop insur- strike enhanced cost share for the larly those from Maine and from Alas- ance program for apples. Army Corps. Well, Mr. President, in ka, who put such good work into this, But the point is that we are doing the past supplementals we established an and I also again thank Senator COBURN same thing that got us into the trouble important precedent for local cost for separating out the tax cheat provi- we are in. We are at $16.4 trillion in share on Army Corps projects that this sions. Nobody behind in their taxes debt. When you include all the debt the amendment will strike. We have cru- should get Federal aid. That is a provi- country has in terms of municipalities cial projects with the Army Corps. As sion I can accept and I think most of us and States, that is how you compare my colleague from New York, Senator on this side will accept. apples to apples with everybody else. GILLIBRAND, knows, and Senators Amendment No. 3371 is the Coburn We are at 120 percent debt to GDP MENENDEZ and LAUTENBERG from New amendment on the per capita damage ratio. It is killing our economy right Jersey, we are naked in heavily popu- thresholds. The amendment would re- now. Multiple studies show that it is lated areas after the storm. This storm quire FEMA to actually change the in- probably hurting our GDP by 1.5 per- was huge. But you would have to be dicator by which FEMA determines the cent. That is 1.5 million jobs every foolish to think there won’t be another locality’s eligibility for FEMA public year, and we are sitting here talking one, and we need the Army Corps. They assistance. It would make it much about we are in a different time, that are brilliant in the way they are able harder for States and local govern- we don’t have $16 trillion worth of to protect our coasts. So this needs to ments in the future to get Federal aid debt, that we are not going to have be done. after a disaster. It sounds benign, but

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.099 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8439 this is a choke hold on FEMA for many sets of them? And sometimes the America. We have said: We know any localities and particularly for larger States and localities have to waive locality, even large localities such as States, such as those we represent. them when there are true emergencies. New York, New Jersey, and Maryland, As my colleagues know, the current So sometimes our colleagues are won’t be able to handle that sort of dis- per capita damage thresholds are placing us in a catch-22. They say: You aster relief on its own. And in wisdom, pegged to the Consumer Price Index, don’t spend disaster relief fast enough; we have said: We are one united people. and CPI measures the average change you stretch it out over such long peri- And the people of the other regions, over time in the prices paid by urban ods of time. Then they impose require- the other States, will come to the aid consumers for a specific market of bas- ments that make sure we don’t spend of this area that has been crippled. We ket goods. the money fast enough. It doesn’t can’t change the rules now. For New York, the per capita thresh- make sense. Those of us from New York and New old that has to be reached for a county If the amendment by Senator COBURN Jersey say: Aha. Some of my constitu- to be declared a major disaster area is passes, it will guarantee disaster aid ents and I am sure some of the con- $1.37. The amendment of my colleague could be delayed for months and years, stituents of Senator MENENDEZ are say- would peg the per capita threshold and the consequences of that—the eco- ing: Aha—now that it is New York and starting at the timeline of 1986. There nomic cost, the danger to our coast- New Jersey, they are changing the would have to be such enormous dam- lines, our localities, our small busi- rules. Not fair. We have been there. We age in so many localities to get money, nesses, and the human cost—would be a have been there for our colleagues and in effect it would double the per terrible, terrible way to go. I believe whenever they have had disasters, and damage threshold needed to be de- this is a Trojan horse that will cripple praise God, we haven’t had that many clared a disaster area. efforts to bring quick, efficient, and until recently, but we need you. In every State, we have watched as honest disaster aid to our localities, You will need us. Given all the disasters occurred and kept our fingers and I urge its defeat. changes in the world, there will be dis- crossed to see if the Federal Govern- Amendment No. 3383. This strikes asters that strike everywhere else. We ment would declare that area a dis- ACOE studies and authorization. Now, want to be with you, and we don’t want aster. It is based on a formula. The for- again, we don’t want the rules changed to see the process so encumbered and mula is not easy to reach. I have had on us. Sometimes we have improved so weighted down that relief cannot countless counties disappointed, asking the rules to make sure we learn from come. The sum total of these amend- me: Why didn’t we meet the threshold? the mistakes of past disasters, but to ments would be to do that. But to now make the threshold almost just change the rules from past I strongly urge my colleagues, hope- doubly hard to meet wouldn’t work. supplementals makes no sense. fully in a bipartisan vote, to reject I say to my good friend from Okla- As many of us here know, the project them. homa—and I know this may not change of getting coastal protection built by I yield the floor to my colleague from his view on the amendment because, as the Army Corps can be mired in red- New Jersey. I said, he is a person of integrity—for tape and delays. Every one of us has The PRESIDING OFFICER. The Sen- the six major disaster declarations de- experience there. What is taking you so ator from New Jersey. clared in Oklahoma over the last 2 long, Army Corps? The provision being Mr. MENENDEZ. First, I wish to years, the damage per person would struck by amendment No. 3383 is de- thank the distinguished chairwoman of have had to be double its current level. signed to accelerate critical protection the Appropriations Committee for the I imagine those in Oklahoma who were projects and get rid of the redtape. work she and her staff have put to- impacted by severe winter storms, tor- I know my colleague from Oklahoma gether. It is remarkable considering nadoes, and floods wouldn’t be happy believes in less bureaucracy and more the timeframe they were in. Of course, to hear it is harder now—if this amend- efficiency. Well, if this passed, we the late Senator Inouye, with his staff ment were to pass—to repair roads, re- would be giving the people of Staten Is- as well that the chairwoman has inher- move debris, and support emergency land or Massapequa more bureaucracy. ited, did an exceptional amount of response efforts. For a decade, for instance, the Corps work along with Senator LANDRIEU. So I would say to every one of my had delayed a protection project for Certainly the people of the Northeast colleagues in every State, if you want the South Shore of Long Island due to thank you very much. to pull back on Federal disaster assist- lack of funding and authorizations I think Senator SCHUMER has done a ance by changing to an arcane formula from Congress. They decided and they good job overall of talking about our when there is substantive damage, sup- said it made sense, but they didn’t get concerns about these amendments, but port this amendment. I hope we will re- it done. Had these seawalls been built, I want to give a little greater depth ject it. it is almost certain lives would have and certainly a New Jersey perspective The next amendment is No. 3382, and been saved and millions of dollars in to them. I urge my colleagues to vote no on this. property damage avoided. I do not question the motives of our This would place a lot more bureau- So in this bill, such as with Katrina, distinguished colleague from Okla- cratic redtape between disaster victims we are accelerating the ability to do homa. He has been consistent in that. I and the Federal assistance they de- that. We are accelerating it in Long don’t question his consistency. Even serve. Beach. In 2005 Long Beach rejected a though I haven’t checked the record, I Our good friend from Louisiana project I helped to push to build dunes will take his word that even on tax coached Senator MENENDEZ, Senator to protect that flat, low-lying area cuts and war spending he has been con- GILLIBRAND, Senator LAUTENBERG, and with low-lying homes from storms. The sistent. But I do question the con- myself about what went wrong with Army Corps has done the study. The sequences of some of his amendments— Katrina, and one of those things was Army Corps has said: Here is what is consequences to the people of the that the contracting procedure had be- right; let’s move forward. Under the Northeast, consequences to the people come so arcane and so rigid and so dif- amendment of my friend, we could not, of New Jersey, consequences in the fu- ficult that contracts either never hap- even though all the preliminary work ture as it relates to other disasters. pened or they took much too long to has been done. At one point, he talked about cour- do. Now, should we expect every con- So I urge a ’’no’’ vote on this amend- age in a fiscal sense. Let me tell you, tract to be competitively bid? What ment. courage is what people in New Jersey about emergency contracts? Do we OK, I think I have addressed the are looking at each and every day when want to have a 6-month bidding process major amendments to which I object. they find their businesses closed and when the damage needs correction in 90 As I said, I don’t object to every one of are trying to sum up the courage to days—picking up debris, building back my colleagues’ amendments, but I ob- open again. Courage is those who have a beach that might face a storm in 30 ject to the major ones, and I hope we lost their homes and are trying to re- days? Second, we in New York have our can have a bipartisan amendment. open their homes, which they could not own competitive bidding requirements. Mr. President, for 100 years, when even do for the holidays. They were Those can suffice. Why have double disaster has struck, we have been one certainly not home for Christmas.

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.100 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8440 CONGRESSIONAL RECORD — SENATE December 27, 2012 Courage is looking at that every day repetitive-loss damages, and we will think I heard 2015, is simply not the and trying to figure how you move for- lose lives as we lost in New Jersey. I case. Whether it be Army Corps of En- ward. Courage is many of the small want to save lives and I want to save gineers projects that have already been municipalities, many that lost their property and I want to save the Fed- approved and authorized but not fund- police and fire departments and are eral Government from paying repet- ed that are critical to our defenses, working with others to create public itive losses. That is why that amend- those are ready to go. They just need safety as they rebuild the very essence ment is certainly not one we can ac- money. The flexibility we have sought of their departments. That is courage, cept by any stretch of the imagination. in this bill, working with an incredible real courage in the face of incredible It is unfair to the people of the North- insight from what happened in Hurri- challenge. east because it changes the rules of the cane Katrina and what worked and did Two of the amendments dealing with game, and it is unfair in terms of our not work, that flexibility will allow the Army Corps go straight to that obligation to the public safety. I, for money to flow to business people are at courage. I came to the floor over the one, do not want to be casting a vote the crucial point of trying to decide: last 2 weeks several times and showed that ultimately leaves my fellow New Can I open? Because I need to know a host of visuals to our colleagues to Jerseyans or fellow Americans at risk what the government is going to do for understand that we are at the lowest when I could have saved their lives. I me, as part of my equation as to level of protection. It is akin to an in- am certainly not going to do that, and whether I open this business. Because dividual whose immune system is vir- I hope this Chamber is not going to do low-interest loans from the SBA, even tually gone. I said then, all we need is that. a long-term proposition, is still more a nor’easter to come through and we Secondly, with reference to the other debt. Many of these businesspeople will see the consequences of having no Army Corps of Engineers amendment, that I have met up and down New Jer- defenses. which would suggest that those sey have told me: Senator, I took out Unfortunately, yesterday we suffered projects that are already well under- money to start this business. I took a a nor’easter. It wasn’t the worst of way to being determined and that, in debt to start this business. I took out what we could have received, but for fact, are cost-effective and can save further debt through the great reces- several parts of New Jersey it was cer- lives and save property and save sion. More debt doesn’t necessarily tainly bad news because those commu- ratables and save repetitive losses can- mean I will succeed, but a grant, as we nities that are defenseless as a result of not be approved, would be, in essence, authorize through CDBG block grants, not having Army Corps-engineered to guarantee that at the lowest rate of can very well make the difference be- beaches caught the worst of it again. In our defenses we will just suffer an en- tween me reopening and not and hiring Sea Bright and Mantoloking and a host tire winter of incredible misery, no, we back people and being able to have and of other communities along the Jersey cannot have that amendment pass. be part of that ratable base and paying shore, they caught the worst of it again Thirdly, with reference to the ques- toward the greater good of the State and all the fears and all the nightmares tion of acquisition, the Governor of and the Nation. That is what is at of what they went through under New Jersey made that decision. I can’t stake as well. That money is going to Sandy were relived once again. speak for him, but my understanding is flow if we do this the right way as this When you talk about changing the he made that decision from FEMA-ap- bill envisions. So this suggestion that rules on the Army Corps’ participation proved contracts. If FEMA needs a bet- it is going to take years down the road in terms of what he wants as a 90–10 ter process to go ahead and negotiate is simply not true. split, No. 1, that changes the rules. and/or bid in advance of a generic con- Secondly, I think we lose sight that Just to make sure I was right about tract, so be it. But a delayed recovery while, yes, this is about New Jersey this, I asked Senator LANDRIEU of Lou- is a failed recovery. I want my col- and New York and Connecticut, it is isiana: Wait a minute. In Katrina, about a region—a region that employs wasn’t there a 90–10 split? She said, leagues to remember that 10 days after 10 percent of the Nation’s workforce Yes; and in some cases up to 100. Hurricane Katrina, this Chamber The people of the Northeast, the peo- passed two separate bills amounting to and accounts for 11 percent of the en- ple of New Jersey and New York, de- $60 billion. It has been nearly 2 months tire Nation’s GDP. That is 12.7 million serve no less in their disaster. There since we had Superstorm Sandy and workers and $1.4 trillion in produc- are a whole host of communities even nothing has passed. Who among us tivity. If we want to see that region with a 90–10 split that are going to find would be content with the counsels of continue to contribute to the gross do- it incredibly difficult—when 20 or 25 patience and delay if, in fact, we were mestic product growth of this country, percent of their ratable base is gone— shivering in the cold; if, in fact, our to continue to contribute to the em- to fund the 10 percent that we are ask- families had no home; if, in fact, they ployment, to continue to contribute to ing them. We believe they should have had been displaced from their schools; the Federal coffers, we need to help it skin in the game. But even at that 10 if, in fact, their businesses that they to be able to help themselves, not to percent, they are going to have enor- worked a lifetime and took out debt turn our back on them. That is what is mous difficulties funding that 10 per- and now are closed may never open, at stake. cent to get the lifesaving, property- who among us would be happy with the Finally, I would just say there is a saving, fiscally responsible solution in counsels of patience and delay? So we whole host of other disasters, and the having Army Corps-engineered beach- cannot have a set of circumstances committee has been very focused on es. that creates a series of delays. saying nothing goes into this bill that So 90–10 is still a challenge to a I am all for the good governing isn’t disaster related, one disaster or whole host of communities. Go to the amendments of saying to those who are another. Because there has been no proposition that our colleague from in debt to the Nation that they, in fact, other disaster funding that there has Oklahoma has, and we basically nullify cannot receive any benefits or those been a vehicle for, whether it be their ability to protect their citizens. I who are deceased. Of course, they wildfires or crop disasters—I personally always thought the No. 1 priority of should not receive any benefits. But welcome that, because as I have said any government—Federal, State or the rest of this is about creating delay many times, this is the United States local—was to protect their citizens. after delay that is in the midst of a bit- of America. There is a reason we call it Certainly, the Senate should be pro- ing winter. We just had the first the United States of America. It is so tecting its citizens, whether it is nor’easter yesterday. We cannot ulti- we are all in this together. So I wel- abroad or at home. In this respect, we mately accept those types of changes come the fact that we can help other cannot protect our citizens along the that put us in a process in which, in fellow Americans through this vehicle, New Jersey coastline if, in fact, we fact, we will not be able to successfully whether it be about wildfires or crop cannot have these engineered beaches move the elements of being able to re- disasters or estuaries and fisheries that and if, in fact, we cannot afford to have cover. were hurt in other parts of the country those engineered beaches. This constant reference that a great at different times. So be it. Because So talk about being fiscally respon- part of the money—the overwhelming that is what being the United States of sible. Instead, we will pay billions in part of the money will not be spent, I America is all about.

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.102 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8441 But we need to pass this bill tomor- tionable. Unfortunately, it is loaded be achieved or whether a new contract row. We need to reject these amend- down with at least two provisions that should be pursued would pose a signifi- ments—particularly the ones that I make it impossible to support related cant burdensome and disruptive task. and Senator SCHUMER have talked to FEMA efforts to aid disaster victims The amendment would require hiring about—because they will fail us in our and help communities rebuild. up additional contracting staff to han- recovery. It will undermine our ability First, returning funds appropriated dle the ‘‘looking back review’’ and po- to protect our people. in this bill that have not been obli- tential ‘‘re-competition’’ envisioned in Finally, I would just simply say we gated and spent within two years to order for the current staff to contract need to pass it so the House can con- the Treasury is unreasonable. FEMA for the supplies and services needed to sider this bill as its vehicle when they will of course obligate the funds pro- respond to and recover from Hurricane come back on Sunday. This bill has vided in this bill in less than two years. Sandy. Since there is a limited number been out there for weeks. The Presi- However, spending the funds to com- of contracting officers available to dent’s proposal has been out there for plete the rebuilding of schools, hos- Federal agencies, complying with this over 1 month. Everybody knows what pitals, police stations, surge barriers, provision, should it be enacted, has the has been asked. Everybody knows what floodgates, and levees will take longer. very real potential to limit DHS’s abil- is involved. Everybody has seen that Communities will need time to do the ity to meet ongoing mission require- the Senate already voted for cloture; proper planning, competently bid for ments. therefore, there is going to be a bill projects, fulfill State action plans, do Furthermore, no date or parameters here at the end of the day. There is no site selection and development, com- are established for conducting and reason why the House cannot seek to plete audits and then request for the completing these reviews, so agencies pass this and respond to our fellow citi- federal government to reimburse the would not know how far back to re- zens in the Northeast. That is what eligible costs in the right amount. To view. One could assume the amend- being the United States of America is do this responsibly and within the ment means only those currently oper- all about. bounds of proper oversight, it will take ating contracts, but it does not specify. I yield the floor. more than two years to reimburse the For those agencies in the midst of re- The PRESIDING OFFICER. The Sen- eligible expenditures. covery efforts for Hurricane Sandy, is ator from Maryland. On the one hand, the Senator wants the intent that they stop ongoing ef- Ms. MIKULSKI. Mr. President, I seek FEMA to spend the money faster while forts (to include obligating those addi- recognition to rebut the Coburn on the other hand he imposes more re- tional funds that are coming) to under- amendment and also to offer two strictive and time consuming Federal take such a review? How can the work- amendments. But before I do, I just standards for competition. force still supporting the disaster be wish to thank my colleagues, particu- The second objectionable provision in handling the ongoing efforts to support larly those who have amendments. I this amendment is to cap FEMA’s re- the disaster and at the same time be wish to thank them for their coopera- covery assistance to States at 75 per- reviewing what they did in November? tion and being willing to offer them cent of the costs of damages. This ties Complying with this mandate, should and speak tonight, on both sides of the the hands of the Nation to support the it be enacted, has the very real poten- aisle. needs of the victims of the most severe tial to adversely impact the Govern- I would also note the Senator from disasters. ment’s ability to meet their ongoing New York and the Senator from Con- The Stafford Act currently requires disaster recovery missions. necticut also wish to speak. Senators that FEMA provide assistance at 75 This amendment requires agencies to whose States have been very hard hit percent of the cost of the recovery. terminate contracts if cost savings can should have the opportunity to speak, However, in cases where damages have be realized. The burden of the analysis and I am going to take my rebuttal of proven to be extremely severe FEMA alone would be daunting especially the Coburn amendments and just ab- can increase its share to 90 percent. since no threshold is specified. This breviate them. The adjustment to 90 percent is based amendment would require agencies to With the exception of being willing on an objective formula that considers review even purchase card orders. Ter- to accept the amendment where you per capita damage, which must reach minating contracts for convenience is cannot get emergency assistance if you over $131 per person. The threshold is not inexpensive—there significant ad- are a tax cheater or if you passed away, difficult for states to reach unless they ministrative costs, and it is labor-in- with the exception of a funeral benefit, experience a severe event. tensive. I object to the Coburn amendments. I oppose this amendment. This amendment would be onerous My objections have been so well articu- AMENDMENT NO. 3382 and costly and will hinder the recovery lated by the Senator from New York, This amendment would require and repair effort. Therefore, Mr. Presi- Mr. SCHUMER, and by the Senator from merit-based and competitive awards of dent, I recommend that this amend- New Jersey, Mr. MENENDEZ. disaster recovery contracts. This ment be opposed. Mr. President, I rise in opposition to amendment would prohibit the use of AMENDMENT NO. 3383 the Coburn amendment No. 3369. This any disaster funds for contracts not Mr. President, I rise in opposition to amendment makes no sense. It would competitively awarded pursuant to the amendment No. 3383. The proviso that require the Departments of Transpor- Federal Acquisition Regulation FAR. my friend proposes to strike authorizes tation and Housing and Urban Develop- This would appear unnecessary, be- projects for the Corps to construct that ment to make public any grant an- cause the FAR already limits non-com- would reduce the impacts from flood- nouncement three days before either petitive contracts to one year, in gen- ing and provide storm damage reduc- department announces the grant. In eral. tion. I agree with my friend that the other words, do something three days The amendment would also require a provision that he proposed to strike before you are going to do it. review of disaster recovery contracts could be read as overly broad and au- I understand the Senator’s intent, that were awarded prior to enactment thorized projects for construction that which is to eliminate the ability of of the Supplemental that weren’t com- were not intended nor could they be Members to have a brief advance notice petitively bid. For any contracts not constructed with the amount of fund- of pending grant announcements. How- competitively bid, agencies would be ing that was provided. ever, in trying to weaken Congress’ le- required to achieve cost savings or to Senators FEINSTEIN and BOXER have gitimate oversight role, the amend- award a new competitive contract, and addressed the shortcoming of that pro- ment overreaches. More importantly, I discontinue the original contract. vision by striking it with an earlier don’t agree with this effort to cede The requirement for retroactive re- amendment—No. 3421 and replacing it Congress’ role in these notifications. view of contracts that were awarded with new text. This new text no longer Therefore, I ask my colleagues to vote before the date of enactment for which authorizes an undefined set of projects. against this amendment. other than competitive procedures Rather, it directs funding to be utilized Mr. President, not everything in the were used for the purpose of deter- to construct projects in areas that suf- Senator’s amendment No. 3371 is objec- mining if additional cost savings can fered direct inundation impacts from

VerDate Mar 15 2010 04:21 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.103 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8442 CONGRESSIONAL RECORD — SENATE December 27, 2012 Hurricanes Sandy and Isaac. This pro- The amendment is as follows: The amendment is as follows: vides a defined scope for the work that (Purpose: To provide authority to transfer (Purpose: To make a technical correction) the Corps can construct with the funds previously appropriated funds to increase On page 81, strike lines 9 through 13 and in- provided. security at United States embassies and sert the following: ‘‘Provided further, That The provision requires that the other overseas posts) obligations incurred for the purposes pro- projects to be undertaken must be cost At the appropriate place, insert the fol- vided herein prior to the enactment of this effective, technically feasible and envi- lowing: Act may be charged to this appropriation: ronmentally acceptable. I think my SEC. lll. INCREASED EMBASSY SECURITY. Provided further, That funds appropriated in Funds appropriated under the heading friend would agree that should be the this paragraph may be used to make grants ‘‘Administration of Foreign Affairs’’ under for renovating, repairing, or rebuilding non- goal of all of the Corps projects that we Title VIII of Division I of Public Law 112–74 Fed-’’. fund. Voting for this amendment would and as carried forward under Public Law 112– Ms. MIKULSKI. Mr. President, this undo the defined requirements and 175, may be transferred to, and merged with, amendment makes two very technical scope for these projects that we pre- any such other funds appropriated under corrections that are necessary for prop- viously voted for. such title and heading: Provided, That such transfers shall be subject to the regular noti- er implementing of funding for the De- I urge my colleagues to vote against fication procedures of the Committees on partment of Health and Human Serv- this amendment. Appropriations. ices in the supplemental. First, it de- AMENDMENT NO. 3370 Ms. MIKULSKI. Mr. President, this letes the term ‘‘response activities for Mr. President, I oppose Division 2 of amendment simply provides authority hurricane Sandy’’ and replaces it with amendment No. 3370. Division 2 of this to the State Department to transfer up ‘‘the purposes provided herein.’’ That is amendment tries to steer fishery dis- to approximately $1 billion in Overseas a small verbal change but ‘‘response aster funding for communities only af- Contingency Operations funds appro- activities’’ has a limited meaning. This fected by Hurricane Sandy by citing priated in Fiscal Year 2012 for oper- change does clarify that funds may Stafford Act requirements and limiting ations. in Iraq, which are no longer also be used to cover additional recov- 1 funding for area within ⁄2 mile from needed in Iraq due to reduced oper- ery and related costs connected to Hur- shore. ations there, and to use these funds for ricane Sandy. Second, it adds the But the Stafford Act overseas disas- increased security at U.S. embassies phrase ‘‘to make grants’’ to clarify ters on land. The Act has absolutely no and other overseas posts identified in that the Department of HHS has spe- bearing on fishery disasters, fishery the Department’s security review after cific grant-making authority for ren- disasters are declared by the Secretary the Benghazi attack. ovating, repairing, and rebuilding non- of Commerce according to Federal Making additional funds available for Federal facilities involved in NIH re- Fishery and Commerce laws at the re- these purposes is one of the rec- search. For example, an academic cen- quest of the State Governors. ommendations of the Accountability ter of excellence, well known for its Fishery disaster needs are necessary, Review Board chaired by Ambassador work, particularly in cancer research, urgent, unanticipated and these coast- Pickering and Admiral Mullen. will have the opportunity to rebuild. al fisheries are not bound by some arbi- The amendment permits the transfer I recommend support of this amend- 1 trary ⁄2 mile boundary. of funds between the Diplomatic and ment. Senator SHELBY has signed off on Under this amendment all federally Consular Programs and Embassy Secu- it. I believe it is not controversial. CBO declared fishery disasters would miss rity Construction and Maintenance ac- says it does not score at all, and I un- out on much needed financial assist- counts, which would otherwise be pre- derstand the minority staff on the ance, even those communities affect by cluded due to percentage limitations Labor-HHS Appropriations Committee Hurricane Sandy. Fishery disaster on such transfers. has also signed off on those changes. According to CBO the amendment funding is not just about fixing dam- Mr. President, that amendment, too, has no outlay scoring impact. aged boats and waterfronts. It is about will be voted on tomorrow if not ac- We all want to do what we can to pre- rebuilding smarter fisheries so that cepted. Tonight we are just not accept- vent another tragedy like what oc- businesses and coastal communities ing amendments and we are not voice curred in Benghazi. The State Depart- stand a better shot of avoiding future voting them. ment has done a review, and these disasters. I strongly urge my col- I also want to note we have two funds will be used to expedite construc- leagues to oppose this amendment. Members on the floor whose States tion of Marine security guard posts at Mr. President, in the interest of were hard hit. One is the Senator from overseas posts, and to build secure em- time, I think we all agree why the very New York about whom Senator SCHU- bassies in Beirut, Lebanon and Harare, intent to save money by adding delay MER has spoken. I know Senator GILLI- and bureaucracy will cost money and Zimbabwe. There is nothing controversial about BRAND wishes to speak. The order we will cost time, in terms of getting peo- will follow is Senator GILLIBRAND will ple back on their feet, both in their this amendment. These are existing funds. There is no new appropriation. speak for such time as she may con- home and in their livelihood. Remem- sume to be followed by the Senator ber what we seek: helping people get The amendment has no scoring impact. It is simply a matter of allowing unob- from Connecticut and such time as he their life back and helping them get may consume in speaking on behalf of their livelihood back. I think that has ligated, prior year funds to be used for a different purpose of higher priority— the bill. been very well articulated. Before the Senator speaks, though, a I would now also like to take the op- protecting our diplomats stationed in dangerous places around the world. word to the Senator from Connecticut. portunity to call up and dispose of two Connecticut has been hit twice—first amendments. That amendment will be voted on to- morrow. by the hurricane and then by what hap- AMENDMENT NO. 3403 AMENDMENT NO. 3426 TO AMENDMENT NO. 3395 pened at Sandy Hook Elementary. For I call up, on behalf of Senator LEAHY, Ms. MIKULSKI. Mr. President, I have those of us who join with you, we just amendment No. 3403. an amendment on behalf of Senator want the people of Connecticut to The PRESIDING OFFICER (Mr. HARKIN. I call up amendment No. 3426. know they are not alone. As the Sen- BEGICH). The clerk will report. The PRESIDING OFFICER. The ator from New Jersey who spoke ear- The assistant legislative clerk read clerk will report. lier said, you know we are the United as follows: The legislative clerk read as follows: States of America. Where there was a The Senator from Maryland [Ms. MIKUL- The Senator from Maryland [Ms. MIKUL- disaster in one State, we all have to re- SKI], for Mr. LEAHY, proposes an amendment SKI], for Mr. HARKIN, proposes an amendment spond as if it were a disaster in all numbered 3403. numbered 3426. States. The attack on one child in Con- Ms. MIKULSKI. I ask unanimous Ms. MIKULSKI. I ask unanimous necticut—we have to protect all chil- consent the reading of the amendment consent the reading of the amendment dren, in Connecticut and in every sin- be dispensed with. be dispensed with. gle State in this Union. I hope, as we The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without find those solutions, we do act as a objection, it is so ordered. objection, it is so ordered. union, the United States of America.

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.038 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8443 Once again, our sympathy and condo- are going without—without a warm other States of the region that were lences, and I yield the floor to these home, without that loved one who has hammered and pummeled by very able Senators. been lost. We know from this disaster Superstorm Sandy on the night it hit The PRESIDING OFFICER. The Sen- children were taken, grandparents were our area. The scope and scale of de- ator from New York. taken, husbands and wives were lost. struction made it one of the largest Mrs. GILLIBRAND. Mr. President, I So the least we can do is help a com- natural disasters to affect our Nation. thank the chairwoman for her leader- munity rebuild from that devastation. It left millions of people without ship on this essential bill. I can’t thank It starts with homes. We saw so much homes or electricity, and it cost tens of her enough for her tenacity and deter- loss in our State. We worked out that billions of dollars in damages to gov- mination to meet the needs of so many we needed about $17 billion to rebuild ernments, businesses, and residents. affected families in our State. the homes in New York and we asked The sweep and depth of destruction in I also thank Senator LANDRIEU for for a community development block human impact and financial effect was her leadership to help craft this bill in grant to cover that. Our colleagues on simply staggering. Our response should a way that has transparency and ac- the other side of the aisle will have a match its historic magnitude. We must countability and to learn from the mis- substitute bill, a substitute bill that think big, act big, and go forward with takes of the past with Hurricane will cut funding drastically. It is akin a vision to meet the needs of the people Katrina. She has worked overtime to to, if you have 5-alarm fire, you are in America. make this bill a reality and I thank just sending one firetruck because that As has been said, we are the United her. is all you want to pay for today. States of America. We meet catas- Of course, I thank my colleague Sen- They have cut that money for hous- trophe with the resources and commit- ator SCHUMER for his extraordinary ing from $17 billion to $2 billion, so ment that is necessary to make sure leadership and Senators MENENDEZ and what you are saying to the families in people are treated fairly. Delay or re- LAUTENBERG on behalf of their State. It New York, New Jersey, and Con- duction in resources is unfair. In effect, makes a huge difference. But I do want necticut in the region: We are just not delay is denial, just like justice de- to start where Senator MIKULSKI left going to rebuild your house. layed is justice denied. It would be un- off and give recognition to Senator FEMA right now provides individual just to delay the resources by the kinds BLUMENTHAL. assistance up to $31,000 for each home- of amendments and proposals that have During the holidays, we often reflect owner. You cannot rebuild a home for been offered and in effect reduce the on our blessings. We think about what $31,000—particularly not in New York. amount of resources that can be avail- is going well in our lives. We are very If you did not have insurance that cov- able. thankful for what has been given to us, ered or your insurance claims didn’t The estimates about the disaster can whether it is the health of our chil- pay out or your insurance companies occupy much time on this floor, and I dren, being in a safe, warm home, said, sorry, it was a flood, you are not am going to be brief in describing what whether it is having a good job, wheth- covered, what are you supposed to do? I think is necessary because I have spo- er it is having a business that is profit- You are homeless. You have nowhere ken previously before committees of able—whatever those blessings are, to go with your family. this body. Suffice it to say that right that is what the holidays are about, That is what we have to address in away we need to redouble our efforts to being grateful for them. this bill. We have to provide the re- This holiday will be a very difficult reduce the personal costs and property sources for these families to rebuild. damage from this storm and also to time for so many families in New York The businesses are suffering. I can tell and New Jersey and Connecticut. There prevent that kind of damage in future you, I saw many businesses where the storms. We can invest now or pay later. were many loved ones lost during Hur- structures were in rubble, but every ricane Sandy. There were many chil- We will pay much more later if we fail business owner I talked to said to me: to invest now. dren lost in Connecticut. When a loved I am a New Yorker. I am going to re- The path toward enlightened protec- one is no longer around the dining build. I am going to rebuild better. I tion and preparation must include in- room table, when there are gifts that was born here. I am going to stay here. were bought that were not able to be That determination and that grati- frastructure improvements for given, it is a very sad time for our tude for what they have and what they Stamford’s floodgate, the efforts on the country. will have is what is going to make the Housatonic River to stop flooding, and What I am urging my colleagues to difference. electricity security measures such as remember is what that loss feels like in I thank you, Mr. President, for giving the establishment of microgrids and in- their own States. We have seen so us a chance to advocate on behalf of creased availability of generators for many tragedies this last year. We have our families. We do need the help of ev- senior citizen housing. These are exam- seen so many disasters over the last eryone in this Chamber to do the right ples of what can be done if we invest several years. As Senator MIKULSKI has thing, to stand by others in their wisely now, and that is part of what said and Senator SCHUMER has said: gravest time of need. That is what we this supplemental can do. This country always stands together in have always done and that is what we It is vitally necessary that we are these times of disaster and grave need. must do now. prepared because these kinds of disas- When it was Hurricane Katrina, we I yield the floor. ters are, in fact, becoming the new nor- stood by that State, that region; imme- The PRESIDING OFFICER. The Sen- mal. This storm is the fourth major diately, within 10 days, we delivered $60 ator from Connecticut. disaster for the State of Connecticut in billion of aid and relief to the families Mr. BLUMENTHAL. Mr. President, I the past 19 months, and it is the fourth in need. We did the same thing for wish to begin by thanking my col- major disaster declaration for our Florida. Hurricane Andrew left devas- league from Maryland, Senator MIKUL- State in that time. There was record tation in its wake. We did the same SKI, for her kind and generous words snowfall in January of 2011, and later thing when tornadoes hit Joplin, MO, about the recent tragedies we suffered in 2011 Tropical Storm Irene hit our and Tuscaloosa, AL. We stand by fami- in Connecticut and her sense of com- State, as well as a highly unusual Oc- lies in times of need. It is the job of the passion and kindness. I also thank her tober snowstorm. Now we have Federal Government to keep our fami- for her vision, courage, and leadership Superstorm Sandy. These kinds of nat- lies and communities safe. It is what on the legislation that is before us. ural disasters demand the kind of re- we do. It is that gratitude we have I want to associate myself with the sponse that the Senate can do if it ap- when others come to our side in that very eloquent and powerful remarks proves this measure without these moment of great need that draws this made by both Senators from New York amendments that restrict and delay body together. and the Senator from New Jersey these efforts. What I am urging most is that we all today. We are building our infrastructure to do count our blessings during these I strongly oppose the amendments 100-year storm levels, but unfortu- holidays, we do look to what we have that would constrict and delay aid that nately 100-year storms are happening and know there are many families who is as vital to Connecticut as it is to the just about every year. We have to be

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.107 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8444 CONGRESSIONAL RECORD — SENATE December 27, 2012 prepared for the new normal by hard- being able to attack these blazes. The And I want to remind my colleagues ening critical infrastructure and tak- Udall-Tester amendment would address that Congress has historically provided ing time and spending money to con- this critical issue and provide $653 mil- Emergency Watershed Protection (or struct an infrastructure assessment lion to close the budget gap between EWP) assistance for earlier disasters that will allow States and municipali- what the Forest Service has and what before moving on to confront the needs ties to know what infrastructure is at they absolutely need. This is nothing created by subsequent events. As of De- risk and what needs to be done to miti- to sneeze at, but for perspective this cember 10, 2012, an estimated $47 mil- gate that risk. Failing to meet the im- amounts to only one percent of the lion is needed to mitigate damaged wa- mediate needs of these areas is not emergency funds that would be sent to tersheds in the aftermath of other only unkind, it is unwise. support Hurricane Sandy recovery. presidentially-declared Stafford-Act As the Senator from New York just These funds will enable pre-posi- disaster areas in Arizona, Colorado, remarked, sending one firetruck to a 5- tioning of ground crews, hot shots, and Louisiana, Florida, Minnesota, Mis- alarm fire is not only unkind, it is un- air support in places where wildfire sissippi, New York, Utah, and Wis- wise. Rebuilding a house for a family risk is very high. This is a smart in- consin. This is in addition to the $40 that had three bedrooms and restrict- vestment because early attack is crit- million needed for communities af- ing it to one bedroom or no bedrooms ical to stop fires from becoming mega- fected by Hurricane Sandy. We cannot is unkind and unwise because it will fires that devastate communities, take leave these communities behind to suf- fail to provide housing for that family. lives and property, and threaten water fer the effects of less recent disasters— I urge this body to provide the fund- supplies. It also helps ensure that the whether they faced disaster from wild- ing that Connecticut, New York, and Forest Service doesn’t have to rob fire, hurricane or flood. New Jersey need to mitigate flooding other accounts such as timber, water- Mr. President, Coloradans unfortu- and other damage from this storm and shed, and wildlife programs. Raiding nately have already experienced some from future storms and make sure other Forest Service funds is robbing of these effects. For example, the usu- these States receive the kind of aid Peter to pay Paul: These other funds ally crystal-clear Poudre River has that is necessary so we can not only re- help eliminate dead wood and other been flowing black due to ash and run- pair and rebuild but also prepare and fuels in our national forests, thus re- off from the fire. This forced the down- prevent this kind of catastrophe in the ducing future fire risks. stream city of Fort Collins to shut off future. And the risks wildfires pose persist their water intake for over 100 days. Again, I thank all of my colleagues long after the final embers are extin- Further downstream, the city of Gree- who have been so instrumental in guished. That is why we also are seek- ley shut off their water intakes for 36 ing to fully fund the Emergency Water- reaching this point. I urge my col- days and are still only able to take a shed Protection Program. Commu- leagues to come together in the spirit small fraction of their normal intake. that the United States has always done nities across this country—including This photo shows a water main that when it has faced these kinds of catas- many impacted by Hurricane Sandy— supplies 75 percent of the backup trophes. We have always done the right are at risk of catastrophic flooding and drinking water supply for the City of thing even in the face of fiscal aus- contaminated drinking water. This in- Colorado Springs—our second largest terity for regions and areas of our vestment of $125 million in the bill be- city. This pipe used to be buried 8 feet fore us is critical to help ensure that country that have been hard hit deep but is now exposed due to runoff these communities do not face further through no fault of their own and that from the fire area. need this kind of immediate relief. debilitating and life-threatening im- How much more of an emergency do Mr. UDALL of Colorado. Mr. Presi- pacts from these recent disasters. we need, when our most basic re- In my state, the Emergency Water- dent, I rise to speak in favor of two source—drinking water supplies for shed Protection Program is essential critical issues for my state—much- three of Colorado’s largest cities and to protecting and restoring critical wa- needed Emergency Watershed Protec- its families and businesses—is threat- tersheds that are damaged by wildfires. tion Funds in the Supplemental Appro- ened? This is especially true of the most dev- priation for Disaster Assistance and a I’ll give you one more example. The astating wildfires in Colorado’s history Udall-Tester amendment that would flood potential in the burned areas is last summer—which, if left add $653 million for U.S. Forest Service now 20 times higher than before the unaddressed, could cause serious flood- firefighting and wildfire prevention. fire, which means that areas are expe- ing, landslide and other risks that Let me begin by making one point riencing 100-year floods from the same threaten the lives of residents in my absolutely clear: this is an emergency. amount of rainfall that would have state. Some have questioned the need for this The High Park and Waldo Canyon caused a 5-year flood before the funding and have asked why we fires tragically took lives, burned more wildfires. wouldn’t limit dollars just to Hurri- than 100,000 acres, and led to cata- Look at this photo. This is Highway cane Sandy areas. The short answer is strophic loss of property, including 14, which is the major east-west artery that it is the smart thing to do, the well over 300 homes in Colorado’s sec- through northern Colorado. This right thing to do and the fair thing to ond-largest city. But the initial impact mudslide is one of many that occurred do. I know these fires may seem like could pale in comparison to the long- during one very minor rainstorm after just another story on CNN for some term impacts. the High Park fire. These mudslides on folks, but they have had devastating Without rehabilitation and restora- our major roads put people, property, impacts in my state and throughout tion, the watersheds that provide mu- and commerce at risk. Already, fami- the west. Wildfires destroy commu- nicipal and agricultural water supplies lies in the Colorado Springs vicinity nities and their devastation persists for are at risk from landslides, flooding have received at least four flash-flood decades. and erosion, which could result in seri- warnings since the Waldo Canyon fire. The country faced the third worst ous infrastructure damage, water sup- The need for stabilizing this ground wildfire season in the nation’s history ply disruptions and even loss of life. and restoring the burned areas on both last year, with more than 9.2 million Stabilizing and protecting these com- federal and private land is critical to acres burned—including the Waldo munities’ watersheds is not only the public safety, public health and the Canyon and High Park fires, the two right thing to do, it is also fiscally re- prevention of another disaster. most destructive fires in Colorado his- sponsible. I stand to support the recovery of the tory. Next year is projected to be much If we do not quickly address these communities devastated by Hurricane worse, yet the U.S. Forest Service will watersheds, taxpayers could face hun- Sandy. But, I want to ensure that my enter the 2013 fire season with a pro- dreds of millions of dollars in costs colleagues here understand the gravity jected budget shortfall for preparing from what otherwise would have been a of the situation we’re facing in Colo- for and fighting these fires. They will minor storm. rado and other states that are also con- also have only eight large air tankers We need to fix what is wrong, and fronting disaster needs. If we do not compared to 44 in 2000—which puts give these communities the peace of act right away, communities across them at a serious disadvantage in mind they deserve. this nation will see unnecessary flood

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.111 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8445 risks, contaminated water supplies, the funds in this supplemental as soon divided prior to the vote in relation to and even tragic deaths caused by our as possible. the McCain amendment No. 3355; and 10 inaction. I also want to note that the bill also minutes equally divided prior to the So when someone asks whether EWP provides $78 million for immediate re- vote in relation to the Lee amendment; is necessary or critical, the answer em- construction and recovery needs for and that all other provisions of the pre- phatically is yes! For many of our com- the more than 30 wildlife refuges that vious order remain in effect. munities in Colorado, this is their #1 also sustained tremendous damage dur- The PRESIDING OFFICER. Without priority in Congress and I’m not going ing the storm. objection, it is so ordered. to let their critical needs go unmet. I These funds will be used for emer- Mr. SCHUMER. I said December 1— ask each of my colleagues to support gency stabilization needs, to replace or wishful thinking. The order should say this important funding in the bill be- reconstruct facilities, roads, and trails, Friday, December 28. fore us today. and to fund improvements needed to The PRESIDING OFFICER. Without I thank you for your attention and lessen anticipated damage from future objection, it is so ordered. request that my statement appear in storms. I note the absence of a quorum. the appropriate place in the RECORD. The bill also provides $810 million for The PRESIDING OFFICER. The Mr. REED. Mr. President, I rise in the EPA State Revolving Fund pro- clerk will call the roll. support of the Emergency Supple- grams, including $700 million for clean The legislative clerk proceeded to mental Appropriations bill for Hurri- water needs and $110 million for drink- call the roll. cane Sandy. This is a critically impor- ing water needs, for States that faced Mr. SCHUMER. Mr. President, I ask tant bill for the States that were af- the greatest impact from Hurricane unanimous consent that the order for fected by this storm—not only New Sandy. These funds will complement the quorum call be rescinded. York and New Jersey, which saw al- funds from other Federal agencies and The PRESIDING OFFICER. Without most unimaginable devastation and provide targeted funding to upgrade objection, it is so ordered. loss of life, but States like my home water infrastructure to protect against f State of Rhode Island, which experi- future flooding, storm damage, and enced significant damage. other natural disasters. MORNING BUSINESS There has been a long tradition in Already, there is a huge estimated Mr. SCHUMER. Mr. President, I ask the Senate in working together to re- need for these funds. In fact, EPA esti- unanimous consent that the Senate spond to major disasters in our States. mates that there are approximately 700 proceed to a period of morning busi- The Appropriations Committee has drinking water and wastewater facili- ness, with Senators permitted to speak been an important venue for the kind ties in States affected by Sandy that therein for up to 10 minutes each. of bipartisan cooperation that has need to make infrastructure upgrades The PRESIDING OFFICER. Without made these efforts possible. In large that will make them less susceptible to objection, it is so ordered. part that has been the result of the ef- flooding and extreme weather events. forts of members like our late-Chair- This is exactly the kind of work that f man Dan Inouye who created, by his needs to be undertaken so that we can TRIBUTES TO DEPARTING example, an environment of comity get ahead of the curve and prepare for SENATORS and respect. That has been the unique the next storm or natural disaster. I ethos of our committee. Under the understand that there are some who DANIEL AKAKA leadership of our new chairwoman, believe that some of these investments Mr. LEAHY. Mr. President, the great Senator MIKULSKI, it will continue. do not constitute an emergency, but as State of Hawaii has been represented in As chairman of the Subcommittee on those who lived in the path of storms the United States Senate by two of the the Interior, Environment, and Related from Andrew to Katrina to Sandy can longest serving Senators, and they hap- Agencies, I also want to take a mo- attest, there is no time to waste or pen to have shared the name Daniel. ment to talk about the $1.45 billion in- wait. I hope that this chamber can This year, Senator AKAKA—with more cluded in the bill for environmental re- move swiftly to pass this supplemental than 3 decades of service in Congress— covery and restoration needs. appropriations bill. now the Senior Senator from Hawaii We must fund recovery efforts and re- I yield the floor and note the absence will return to his native State and build public facilities that were dam- of a quorum. enjoy retirement. aged. But we also need to look ahead to The PRESIDING OFFICER. The Senator AKAKA has represented the projects that will allow our commu- clerk will call the roll. people of Hawaii in a variety of ways. nities and our public lands to with- The legislative clerk proceeded to Most recently, as Chairman of the stand future storms and natural disas- call the roll. Committee on Indian Affairs, he has ters. I am pleased that the Interior sec- The PRESIDING OFFICER. The Sen- worked tirelessly to support vital pro- tion of this bill addresses both needs. ator from New York. grams that provided education, The bill contains $435 million in es- Mr. SCHUMER. Mr. President, I ask healthcare, housing and other basic sential funding to rebuild national unanimous consent that the order for services for tribes across the country. parks, wildlife refuges, national for- the quorum call be rescinded. Having attended college on the GI bill, ests, and other public facilities dam- The PRESIDING OFFICER. Without he has been an advocate for improving aged by Hurricane Sandy. objection, it is so ordered. education for all students. He also has I particularly want to call attention Mr. SCHUMER. Mr. President, I ask been a strong supporter of veterans and to the $348 million included to fund im- unanimous consent that on Friday, De- a proponent of protections for whistle- mediate construction needs at more cember 1, when the Senate resumes blowers seeking to expose waste, fraud than 25 Park Service units that were consideration of H.R. 1, the legislative and abuse in government. damaged during the storm. These funds vehicle for the Sandy supplemental, On a personal note, I have always ap- will help the Park Service take nec- the Senate proceed to vote in relation preciated Senator AKAKA’s strong sup- essary steps to reopen a number of to the amendments to the bill under port for the National Guard, and in heavily visited units to the public—in- the previous order; that all remaining particular the Hawaii Guard. His mili- cluding the Statue of Liberty and Ellis time under the previous order with re- tary roots go back to his own distin- Island, which suffered extensive dam- spect to the amendments be yielded guished service in World War II. But he age during the storm. back; that there be 2 minutes equally was one of the earliest and most senior We need to get this work started now divided prior to each vote, with the ex- adopters of the Guard empowerment so that we can get these parks re- ception of the following: 4 minutes legislation when I teamed with Senator opened. And because the need is so equally divided prior to each of the Bond, Senator GRAHAM, and so many great—the amount requested by the votes in relation to the Coburn amend- others to enact. Senator AKAKA stood President is nearly five times the an- ments; 10 minutes equally divided prior with the men and women of the Na- nual line-item construction budget— to the votes in relation to each of the tional Guard in demanding representa- it’s imperative that we give the service Paul amendments; 8 minutes equally tion among the Nation’s most senior

VerDate Mar 15 2010 04:45 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.067 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8446 CONGRESSIONAL RECORD — SENATE December 27, 2012 military advisory body. This stand was by his support for Vermont in the wake worked hard to expand conservation not an easy one to take. He was, in of Tropical Storm Irene. and end tax breaks for big oil compa- fact, the most senior Democrat on the Senator CONRAD has been one of the nies. I was proud to work with him on Senate Armed Services Committee to most important voices in the United legislation to increase the production co-sponsor the Leahy-Graham bill, and States Senate for the past 25 years. He of biofuels and to modernize the Fed- his support sent a powerful statement is one of the giants of the Chamber eral Government’s approach to pro- that some of our most knowledgeable today. We will miss his expertise, but tecting the environment. As chairman Senators with the specific responsi- we know our friendships will continue. of the Senate’s Energy and Natural Re- bility of overseeing our armed services Both Marcelle and I wish our friends sources Committee, he has worked tire- recognized that it was time to give the KENT and his wife, Lucy, the best. lessly to advance energy independence, Guard a stronger voice. Among his JOE LIEBERMAN an issue so important to many, includ- many other achievements, Senator Mr. President, a Senator of 24 years, ing those in New Mexico. AKAKA will be remembered for his Senator JOE LIEBERMAN this year re- A supporter of a comprehensive ap- strong support of and friendship with tires from this Chamber. He has rep- proach to reforming our immigration the Guard. resented the people of Connecticut for system, Senator BINGAMAN has sup- Senator AKAKA has brought a calm years, first as a State Senator, and ported a responsible and thoughtful ap- and insightful presence to his work and then as the State’s Attorney General. proach to protecting our Nation’s bor- the people of Hawaii are fortunate to Senator LIEBERMAN has been a con- ders. Like me, he opposed ill-advised have had such a great representative in stant voice in national security mat- legislation which was regrettably en- both the House and the Senate. I wish ters. I worked with him in the after- acted in 2006 to build electronic and Senator AKAKA and his family the best math of the terrorist attacks of Sep- other forms of surveillance along every in his retirement from Congress. tember 11, 2001, to establish the De- land and maritime border. A Senator of KENT CONRAD partment of Homeland Security, and a southern State, Senator BINGAMAN Mr. President, for more than 2 dec- since then, he has served as the top opposed the effort to construct a costly ades, Senator KENT CONRAD has rep- Democrat on the Homeland Security fence along our southern border. resented the people of North Dakota in and Government Affairs Committee. He Senator BINGAMAN has been a force here in Washington, but he has never the United States Senate. has worked to strengthen the Federal I have had the privilege to serve with Emergency Management Agency in the lost sight of the needs of the constitu- several hundred senators since I came aftermath of disasters, including Hurri- ents at home that he represents. He has to the Senate nearly 38 years ago. The canes Katrina and Rita. worked to secure Federal funds for list is short for those who are extraor- I worked with Senator LIEBERMAN in critical needs in New Mexico, and for dinary both for their talents, and for 2002 on the E-Government Act, a key education development and transpor- privacy law that required the govern- tation improvements. their personal friendship. KENT CONRAD JEFF’s moderate temperament has is on that list. In fact, he defines it in ment to improve access to information on the Internet. A chief architect of led to many successes both in the halls many ways. Senator CONRAD has that bill, it has become an important of Congress, and in his home State. I reached across the aisle and dem- transparency law and a valuable tool in wish him and his wife Anne all the best onstrated what bipartisanship truly protecting individual privacy protec- in retirement. means. Rooted in his days as a tax commis- tions. HERB KOHL Senator LIEBERMAN has been a dedi- Mr. President, the people of Wis- sioner in North Dakota, Senator CON- cated proponent of examining the im- consin have elected and reelected Sen- RAD has been a leading voice in Con- pacts of climate change. He has worked ator HERB KOHL to represent them in gress in difficult and complex budget to find a compromise to move the Sen- the United States Senate four times. debates. His floor charts are legendary, ate forward on meaningful climate Since coming to the Senate in 1989, I explaining complicated fiscal matters change and cap-and-trade legislation. have been honored to serve with him in terms many others can understand. And, despite Connecticut’s small dairy on the Senate Judiciary Committee, As Chairman of the Budget Committee, industry, Senator LIEBERMAN has been where his commitment to matters in- and as a senior member of the Finance a true partner in advancing the needs volving antitrust, juvenile justice, and Committee, he has been a key player in of dairy farmers in Vermont and across technology has afforded us many op- the fiscal debates that have dominated the country. portunities to work together. We have the discourse in Washington as the Senator LIEBERMAN has earned the partnered in other important areas, too country has recovered from the Great respect of both Democrats and Repub- from our states’ shared interest in a vi- Recession. He has led bipartisan efforts licans. Like so many other retiring brant and supported dairy industry, to to reduce the deficit, and helped create Senators, he has urged the Senate to important housing assistance. the 2007 taskforce with Republican pursue avenues of bipartisanship. The Everyone likes Senator KOHL. He is a Senator Judd Gregg to address long- bipartisan legacy he leaves is one ex- consensus builder, and is always seek- term fiscal challenges. Senator CONRAD ample we can all follow moving for- ing a bipartisan solution. That ap- has also been dedicated to advancing ward. I wish him and his wife, Hadas- proach led to a bipartisan investigation American interests abroad. I have been sah, the best in his retirement. in the Judiciary Committee over Ruby fortunate to travel with Senator CON- JEFF BINGAMAN Ridge. It led to enactment of the Juve- RAD and his wife overseas, most re- Mr. President, born in Texas and nile Justice and Delinquency Preven- cently to the Eurozone, where he again raised in New Mexico, Senator JEFF tion Reauthorization Act, and eco- brought his expertise in economic, BINGAMAN for nearly 30 years has rep- nomic espionage bills. budgetary and fiscal policies to the resented the State he has been proud to Senator KOHL has been a constant table as we discussed the potential U.S. call home. Lawyer, advocate, environ- champion for the nation’s dairy farm- impacts of the European Union’s finan- mental stalwart these are just a few of ers from those in Wisconsin to those in cial crisis. the terms that can be used to describe Vermont. His Superb Milk House at the He has always put North Dakota Senator BINGAMAN. Wisconsin State Fair is a hit every first, but Senator CONRAD has never ne- A longtime public servant, Senator year. A tradition he began in 1990, it glected the needs of other parts of the BINGAMAN has served his Nation in the still sells glasses of milk for just 25 country. He is a champion of the farm Army Reserves, in his State as an At- cents. I was delighted to hear he in- bill, and understands the details and torney General, and, since 1983, has tends to keep the Milk House running nuances of agriculture commodity pro- served the people of New Mexico in the even after he leaves the Senate. Wis- grams perhaps better than any other United States Senate. Along the way, consin and Vermont dairy farmers have member of the Senate Agriculture he has earned a reputation for being not always agreed on how best to sup- Committee. Whether fighting for North fair and bipartisan no small feat in to- port the industry, but Senator KOHL’s Dakota’s farmers, or fighting for the day’s polarized Congress. commitment has never wavered. Nation’s fiscal health, he has been a Senator BINGAMAN has been a fierce As chairman of the Special Com- great partner. I was particularly moved advocate for the environment, and has mittee on Aging, Senator KOHL has

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And emphasis on the poorest of the poor has among the legislative issues on which we have worked together on issues re- been steadfast, and I was pleased to Senator NELSON has had an impact lating to National security and border work with him to ensure that in an age since he came to the Senate in 2001. security. without earmarks, this important As a member of the Committee on Fewer Senators are more hard work- council was qualified to compete for Agriculture, Nutrition and Forestry, ing than JON KYL. He is a constant Federal financial support. He has been Senator NELSON has been an active par- presence in the Judiciary Committee, a longtime partner in rural housing ticipant as we have tried to move the where he has served as the top Repub- issues a partnership I will miss. 2012 Farm Bill through Congress. One lican on the Crime and Terrorism Sub- Senator KOHL has worked tirelessly of the most pressing pieces of legisla- committee. He is active in the Finance for the people of Wisconsin both as a tion before us today, he has fought Committee. And of course, he holds a Senator and as a philanthropist. Since tirelessly for Nebraska’s interests in key position within his caucus, serving 1990, he has provided annual grants to- that bill, as well as the interests of the as the Republican Whip. taling $400,000 to Wisconsin students, Nation’s agricultural industry as a I have, of course, most closely teachers, and schools through the HERB whole. worked with Senator KYL in his nearly KOHL Educational Foundation Achieve- While he has worked on a number of 2 decades of service on the Judiciary ment Award Program. legislative matters in the last decade, I Committee. There, he has championed When Senator KOHL announced his particularly appreciated Senator NEL- a number of important issues, from retirement, he stated that he never be- SON’s support for my effort to give the crime victims’ rights to antiterrorism lieved it was his Senate seat, but that National Guard a seat at the table of legislation. We have been close part- it belonged to the people of Wisconsin, the Joint Chiefs of Staff as a former ners on intellectual property legisla- and that is just who HERB KOHL is. Governor. He understood that this tion, from patent reform to copyright Even in retirement, I have no doubt he multi-year effort was done to recognize and trademark protections. And, even will remain dedicated to the people of that the men and women of the Na- in the most contentious of national se- Wisconsin. Serving with him for more tional Guard serve our country with curity issues, we have worked to find than two decades has been an honor unmatched loyalty and that they and common ground on such issues as the and a privilege. The Senate will miss their families make sacrifices every PATRIOT Act. him. day. He recognized that they are indeed On Capitol Hill, Senator KYL is JIM WEBB deserving of full representation at the known throughout the Senate for his Mr. President, although he has highest levels of the Pentagon. In 2010, dedication and work ethic. He is a served just one term in the U.S. Sen- Senator BEN NELSON was awarded the great ally and a formidable adversary; ate, retiring Senator JIM WEBB is no Harry S. Truman Award for his com- in Congress, there is often no higher stranger to public service. A highly mendable work with the Guard. Since praise. He is a good personal friend decorated combat veteran of Vietnam, the National Guard has taken on an in- and, I wish him and his family all the JIM WEBB’s prior public service as an creased role in overseas conflicts, Sen- best as he takes on his next challenge. Assistant Secretary of Defense and a ators like BEN NELSON have stepped up RICHARD LUGAR former Secretary of the Navy uniquely to give them the recognition and sup- Mr. President, I have served with suited him as a fierce defender of our port they deserve. hundreds of Senators in my nearly 38 troops serving overseas, and when they I commend BEN’s loyalty to Nebraska years representing Vermont in Wash- come back home. and to economic sustainability across ington. Few embody the statesmanship Senator WEBB has been a positive the country. His dedication to sustain- that you find in Senator RICHARD force on a number of issues, and par- able energy is rare in our modern polit- LUGAR. For more than 36 years, Sen- ticularly through his roles on the For- ical climate. Rather than folding to the ator LUGAR has represented the State eign Relations Committee, the Armed issues that divide us and ignoring the of Indiana in the United States Sen- Services Committee, and the Veterans’ future of our farms and environment, ate—the longest-serving Republican Affairs Committee. His commitment to Senator NELSON has taken a strong Senator here today. It has been an our Nations’ veterans and to sup- stance on controversial and difficult honor, a privilege and a joy to work porting and strengthening our military issues and has managed to open the with him to advance so many impor- has been a cornerstone of his Senate minds of many of his colleagues with tant legislative issues. career. time, bringing people together around Senator LUGAR exemplifies the ideal I worked with Senator WEBB on a the possibility of creating positive of bipartisanship that is too often lack- number of issues in the last 6 years, es- change. Through it all, he has kept the ing today in Washington. Although we pecially on prison reform and the needs of his State in mind, even as he come from different political views, criminal justice commission. His ini- has worked to create a brighter future Senator LUGAR and I worked shoulder- tiative is something the Senate and for the entire country. to-shoulder to reach across the aisle to our judicial system, should follow and Senator NELSON is an honest man, a find compromise and common ground set as a guide. level-headed public servant, and a on two Farm Bills—the Leahy-Lugar Senator WEBB brought a unique per- friend to many. True to his roots, he bill, and the Lugar-Leahy bill. That spective to the Senate based on his has built a legacy in the Senate that collaborative effort, which led to re- years of dedicated public service. He will last after he has moved on from forms at the Department of Agri- has been a powerful advocate for mili- the halls of the Capitol. I wish him the culture resulting in the savings of bil- tary and veterans’ issues and criminal best in his retirement from Congress. lions of dollars, is an example of how justice reform, all while promoting JON KYL well the Senate can function when bi- Virginia’s best interests. I wish him Mr. President, there are many times partisanship is the order of business. and his family the very best in the fu- when those of us in the Senate dis- Whether he chaired the Agriculture ture. agree. It is when we can find ways to Committee, or I did, we always found a BEN NELSON work together, across party lines, to way to work together. Mr. President, as a Senator from a advance meaningful legislation that we Perhaps Senator LUGAR is most well- rural State, supporting our Nation’s can really make a difference. One of known for yet another bipartisan ef- farmers is something close to my the things I have always appreciated fort, the 1991 Nunn-Lugar Cooperative heart. Senator BEN NELSON shares that about Senator JON KYL is his commit- Threat Reduction. Nunn-Lugar was en- commitment, and has been a long-time ment to his word. This year will mark acted to protect Americans from the champion of legislation to protect his last in the U.S. Senate. I have wel- threat of nuclear weapons in the

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.065 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8448 CONGRESSIONAL RECORD — SENATE December 27, 2012 former Soviet Union. Ever since it be- Just the 23rd woman to serve in the State, her record of public service came law, Senator LUGAR has contin- United States Senate, Senator SNOWE began long before she came to Wash- ued his efforts to reduce the threat of has risen through the ranks in her ten- ington. nuclear annihilation. In 2007, after a ure in this body, most recently serving Senator HUTCHISON’s dedication to trip to Russia, Azerbaijan, and as the top Republican on the Small her constituents, and to the advance- Ukraine, Senator LUGAR and then-Sen- Business and Entrepreneurship Com- ment of the Nation, has been easy to ator Barack Obama crafted the Lugar- mittee. There she has focused on pro- see. When she helped to establish the Obama Proliferation and Threat Re- moting women in small business. She duction Initiative to decrease the num- was instrumental in establishing Wom- Academy of Medicine, Engineering, and ber of hidden traditional weapons en’s Business Centers through the Science of Texas, TAMEST in 2004, she around the world. Senator LUGAR’s Small Business Administration, a net- put a spotlight on the importance of ability to build strong relationships work of nearly 100 centers designed to encouraging advancements in science with party opposites such as President level the playing field for women look- and of supporting research and develop- Obama resulted in legislation that ben- ing to start a small business. Most re- ment. She has understood that pro- efits citizens of Indiana, but also the cently, she has worked to advance leg- tecting our Nation’s ability to inno- entire Nation. islation to establish a task force spe- vate is as vital to our economic secu- As a leading member and former cifically devoted to women entre- rity as anything else. Chairman of the Senate Foreign Rela- preneurs. I am proud to have worked with Sen- tions Committee, Senator LUGAR has Senator SNOWE has been a great ator HUTCHISON on a variety of pieces championed human rights around the friend to the environment as well. She of legislation over the years, having world. Most recently he advocated ag- has worked closely with me to protect served with her on several subcommit- gressively for ratification of the bipar- our national forests and environment. tees of the Senate Appropriations Com- tisan Convention on the Rights of Per- She has partnered with me to strength- sons with Disabilities. A recognized mittee. Among our greatest achieve- en the Forest Legacy Program—impor- ments, I believe was our partnership on leader in international affairs, Senator tant to both Vermont and Maine—as LUGAR has supported causes eradi- federal AMBER Alert legislation, well as the Land and Water Conserva- which won unanimous support in the cating hunger, to combatting terrorism tion Fund. She has been a stalwart ad- wherever it occurs. He has promoted Senate and which was enacted in 2003. vocate for the Community Develop- The AMBER Alert Act was a signature sound, reasonable immigration reforms ment Block Grant program, and for to encourage the best and brightest to achievement, and an example of what years, she and I teamed together to can be done when partisanship is cast come to America. And he has warned of protect this important community de- the catastrophic risks of climate aside, and we work together. velopment program. Senator SNOWE change. has been a strong supporter of the Low Senator HUTCHISON has worked tire- Earlier this year, Senator LUGAR and lessly to advocate for her State and for I reached a pair of milestones together. Income Home Energy Assistance Pro- gram, LIHEAP. The shared challenges the good of the Nation. I wish her and I was honored to cast my 14,000th vote her family all the best. in the United States Senate. I was de- of our States—rural, New England lighted that Senator LUGAR, on the States have given us many reasons to SCOTT BROWN same vote, reached the 13,000 marker. work together, and our partnership in Mr. President, Senator SCOTT BROWN Ours has been a partnership of more these issues is one that I will miss. came to the Senate in an untraditional than three decades, and to share this Notably, Senator SNOWE, at a time when so many simply tow the party manner: winning a special election to milestone with Senator LUGAR was a fill the seat left by one of the giants of memory I will cherish. line, never feared voting her conscience the Senate, Ted Kennedy. While his A couple of years ago, DICK and I over her political affiliation. Her sup- found ourselves sitting down together port for the American Recovery and tenure has been just 3 years, I have ap- in the Senate Judiciary Committee Reinvestment Act, which spurred de- preciated Senator BROWN’s willingness hearing room, speaking with a reporter velopment amid the worst economic to work across the aisle on two very about the importance of bipartisanship crisis since the Great Depression, was important issues: reauthorizing the Vi- in Congress. We both recalled with instrumental in funneling necessary re- olence Against Women Act, and work- fondness our earliest days in the Sen- sources to the States. She supported ing to end human trafficking. ate, sitting on the farthest ends of the advancing comprehensive health care It happens that I have authored legis- dais, and struggling to hear what the reform legislation to the Senate floor, lation to address these two very issues, most senior members of the panel were so the Senate as a whole could debate and so it has been through the Violence saying. We suspected—no doubt cor- the issue. And she has stood up for Against Women Reauthorization Act rectly—that this was not happening by women in important health care and the Trafficking Victims Protection accident. From those days sitting to- choices. Reauthorization Act that I have seen When Senator SNOWE announced ear- gether was born a friendship that has Senator BROWN take a dedicated ap- lier this year that she intended to re- spanned three decades. In his farewell proach to protecting victims of vio- tire, she lamented the partisan shift in this Chamber, Senator LUGAR cau- lence. He is a cosponsor of both these she has seen in Congress. During her tioned that many in Congress ‘‘have bills, a strong supporter of the goals long career in public service, Senator not lived up to the expectations of our behind them, and a vocal proponent of SNOWE put her State and the Nation constituents to make excellence in their enactment. governance our top priority.’’ Every first. It’s a lesson we can all follow. I day in this Chamber, DICK LUGAR made wish OLYMPIA the best in her retire- Senator BROWN has also been a friend excellence his top priority. He is a pil- ment and I will truly miss serving with of National Guard. Himself a Guards- lar of the Senate, a mentor to many, her. Her farewell speech to the Senate man for over 30 years, he was one 68 co- and a role model to those to come. And should be required reading in every sponsors of my Guard Empowerment I will miss my friend. High School and college—civics and Act, to give the head of the National OLYMPIA SNOWE government classes. Guard a seat with the Joint Chiefs of Mr. President, in today’s U.S. Sen- KAY BAILEY HUTCHISON Staff, where decisions are made every ate, moderates are few. At the end of Mr. President, when the 112th Con- day about our Nation’s military, in- this Congress, we will lose another: gress adjourns, Senator KAY BAILEY cluding the National Guard and Re- Senator OLYMPIA SNOWE, who has HUTCHISON will retire, having been the serve. As a Guardsman himself, he un- served the State of Maine in the U.S. 22nd woman to serve in the United derstands the strains placed on fami- Senate for nearly 2 decades. She has States Senate. With nearly 20 years of lies here at home when the Guard, like spent nearly her entire adult life in service to this Chamber, Senator any unit of the military, is deployed, public service, and the people of Maine HUTCHISON has been a pioneer in her as has happened so many times in the have revered her dedication to her home State of Texas. The first woman last decade. I appreciated Senator home State and to civic engagement. elected to the U.S. Senate from that BROWN’s support on this important law.

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.061 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8449 Senator BROWN has charted his own people in the aftermath of major trage- for the Navy during World War II and path in his short time here in the Sen- dies such as Hurricane Sandy and the thereafter. He instilled in Chris the ate, and I expect the ventures he un- tornado that hit Joplin, MO. value of patriotism and service to dertook while serving here will con- When the K–9 comfort dogs are not country that she so exemplifies in her tinue. I wish him and his family the responding to a tragedy, they visit peo- life. best. ple in hospitals, nursing homes, and During her service to the Committee, f parks. Each dog has a Facebook page, she served as mentor, confidant and ad- Twitter account, and email so those visor to the staff as they experienced THANKING LUTHERAN CHURCH who meet the dogs can keep in touch. weddings, divorces, births and deaths. CHARITIES The unconditional love of comfort Chris has been a rock for the Com- Mr. DURBIN. Mr. President, this past dogs has helped countless children and mittee, and I know I speak for all of week we have all watched, grief-strick- adults to cope with tragedy and begin the members and staff when I say, en, the terrible school shooting in New- to heal from their suffering. On behalf ‘‘Chris, thank you for your service to town, CT, and the heart-breaking fu- of a heartbroken but grateful Nation, I the Armed Services Committee, to the nerals of those beautiful little chil- want to express my heartfelt thanks to Senate and to the country. You have dren. There are no words to adequately all of the comfort dogs of Lutheran set a standard of dedication and profes- express our sorrow for those touched Church Charities especially Abbi, Bar- sionalism for all of us, and we will miss by this tragedy. But there is an organi- nabas, Chewie, Chloe, Hannah, Luther, you!’’ zation that is helping to bring comfort Prince, Ruthie, and Shami—and to f and healing to Newtown in a way that their handlers. BALANCED BUDGET requires no words. I yield the floor. One day after the massacre at Sandy f Mr. SESSIONS. Mr. President, I rise Hook Elementary School, a group of today to discuss our Nation’s need to golden retrievers from the Chicago TRIBUTE TO CHRIS COWART adopt a balanced budget amendment area made a cross-country journey to Mr. LEVIN. Mr. President, I rise to and to bring the Senate’s attention to provide solace to the Newtown commu- pay tribute to a staff member of the the Alabama Legislature’s recent call nity. The Lutheran Church Charities Senate Armed Services Committee who for Congress to send such an amend- sent five of their ‘‘comfort dogs’’ to will be retiring at the end of this ses- ment to the States for ratification. help console grieving family members sion of Congress. Her name is Christine This is a thoughtful and well-reasoned and others touched by the Sandy Hook Cowart, and for the past 6 years, she resolution. Many other States have Elementary School shooting. Accom- has served as the Chief Clerk of the made similar resolutions. Our Nation is panying these special dogs are handlers Committee. She had previously served on the precipice of the most predict- who are trained to speak or pray with a term of 8 years as Chief Clerk under able fiscal disaster in our history and mourners or simply to sit quietly with Senator Sam Nunn. Congress has failed to act to remove them. I know that 14 years sounds like a lot the danger. U.S. gross Federal debt is In all, nine comfort dogs from Lu- of time to most people, but that barely now over $16.3 trillion; U.S. debt per theran Church Charities have helped to scratches the surface of Chris’ service person is over $53,000, higher than that comfort Newtown residents. Some of to the Senate. In fact, Chris holds a of Greece; and for the fourth straight these remarkable dogs attended Presi- special place in the record books. In an year, our Nation’s deficit will exceed $1 dent Obama’s speech at an interfaith organization like the Senate, known trillion. The Federal Government can- gathering at Newtown High School, an- for some long-serving members, Chris not continue spending more than it other comforted mourners at New- would fall within the top ten list of takes in, and the people of Alabama town’s Christ the King Lutheran longevity for senators, and no member clearly know that. Church, the location of funerals for two currently serving has been here in the The American people understand the of the slain children. The dogs even Senate longer than Chris. necessity of living within one’s means made an appearance on CNN with host The mere fact that she will be com- and balancing budgets. We see that as Don Lemon. pleting almost 41 years of service to American families across the Nation This is how Tim Hetzner, president of the Senate is truly a remarkable ac- are working to pay off their debt. In Lutheran Church Charities, explained complishment, especially in today’s fact, American families have improved the dogs’ healing powers: ‘‘Dogs are world where changing jobs has become their balance sheets by reducing their nonjudgmental,’’ he says, ‘‘They are the norm. And if that were all of her outstanding credit card debt by 17 per- loving. They are accepting of anyone. record, that would be amazing. But cent since 2008, over $150 billion. The It creates the atmosphere for people to that is only part of the story. Chris people expect no less of their State share.’’ made invaluable contributions to get- governments. Forty-three of the 50 That is exactly what they have done ting each of 41 of the 51 total National States, including my home State of in Newtown. Defense Authorization Acts we have Alabama, have balanced budget re- A woman visiting a Newtown memo- done annually since 1961. As Chief quirements. rial told one reporter: ‘‘It’s a very sol- Clerk, it was her duty to shepherd the Unfortunately, as States and families emn time. With the dogs here, it seems Armed Services Committee’s annual across the Nation cut spending and bal- like it’s a little ray of sunshine.’’ set of hearings, meetings, and briefings ance budgets, the Federal Government A child from Newtown said simply that lead up to the DOD Authorization continues to spend more and has in- that the dogs ‘‘help you get over how Act each year. Her duties also included creased its debt by more than $4 tril- sad it is.’’ showing the ropes to new senators and lion since 2008. This spending course Sadly, the comfort dog program new staffers alike. will at some point wreck our economy, began after another gun tragedy. In Chris took to heart the ideals of serv- just as it has wrecked that of Greece, 2008, after a gunman killed five stu- ice she dedicated almost all of her Spain, and Italy. Now, more than ever, dents at Northern Illinois University, a adult life to service to her country and it is crucial that Congress adopt a bal- group of dog caretakers associated to the Senate. I remember Chris re- anced budget amendment and send it with Lutheran Church Charities visited counting how her father had escorted to the States for ratification. The surg- the NIU campus in hopes of offering a her here to the Russell Senate Office ing debt crisis we face is so significant healing distraction to students. The Building for her first interview with that we must have a balanced budget trip was so successful that a few weeks the Committee in the summer of 1972, constitutional amendment. It has come later students petitioned university shortly after she graduated from col- close to passing before. When Senators leaders to bring the comfort dogs back. lege. She said she didn’t have any dif- and Congressmen have no alternative The initiative has since grown from a ficulty in deciding what to do after her but to live within their means, like so handful of dogs in the Chicago area to father told her, ‘‘Take the job.’’ many of our States, they will figure 60 dogs in 6 states. Comfort dogs have Chris’ father was a career Navy man, out a way to do it. But if Congress is traveled across the Nation to console having flown maritime patrol aircraft not required by the Constitution to

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.064 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8450 CONGRESSIONAL RECORD — SENATE December 27, 2012 budget responsibly, then history has Mr. President, I ask unanimous con- tional amendment requiring a balanced shown that Congress will not act re- sent to have printed in the RECORD this budget, but Congress has proven to be unre- sponsibly. resolution adopted by the Alabama sponsive; anticipating situations in which The people of Alabama understand Legislature and signed by Governor Congress at times could fail to act, the draft- these issues and the importance of bal- ers of the United States Constitution had the Robert Bentley urging the United foresight to adopt the language in Article V ancing the budget. That is why the States Congress to submit a balanced that establishes that on application of the Alabama State Legislature has passed budget amendment to the States or to Legislatures of two-thirds of the several a resolution urging Congress to send a call a convention to propose such an states, Congress shall call a convention for balanced budget amendment to the amendment to the United States Con- proposing amendments; and States for ratification. The people of stitution. Whereas, in prior years the Alabama Legis- Alabama are well aware of the dangers There being no objection, the mate- lature has called on Congress to pass a Bal- we face. Introduced by Senator Arthur rial was ordered to be printed in the anced Budget Constitutional Amendment, Orr of Decatur, AL, with several of his many other states have done the same, all to RECORD, as follows: no avail; and colleagues in the legislature, this reso- Whereas, the reluctance of the federal gov- Whereas, a balanced budget amendment lution acknowledges that ‘‘the budget ernment to incur debt and other obligations would require the government not to spend deficits of the United States of Amer- was established early in American history, more than it receives in revenue and compel ica are unsustainable and constitute with deficits occurring only in relation to lawmakers to carefully consider choices substantial threat to the United States extraordinary circumstances such as war; about spending and taxes; by encouraging government.’’ The resolution calls for yet for much of the 20th century and into the spending control and discouraging deficit Congress to pass a balanced budget 21st, the United States has operated on a spending, a balanced budget amendment will budget deficit, including the 2010 budget help put the nation on the path to lasting amendment, and if the Congress fails year, which surpassed an astounding prosperity; Now therefore, be it to do so, then for Congress to call a $1,300,000,000,000, an annual deficit that ex- Resolved by the Legislature of Alabama, both constitutional convention to propose ceeded the entire gross state product of Houses thereof concurring, That the Legisla- such an amendment. I applaud Senator many of the states; and ture of the State of Alabama hereby respect- Orr and his colleagues, Senators Sco- Whereas, an exception to this pattern was fully urges the Congress of the United States field, Sanford, Holtzclaw, Williams, at the turn of the 21st century; in FY 2001, to propose and submit to the states for rati- McGill, and Beason, for bringing atten- America enjoyed a $128 billion budget sur- fication a federal balanced budget amend- tion to this issue and introducing this plus; and ment to the United States Constitution; and Whereas, since FY 2001, America has been be it further resolution. We will only see more burdened with 10 consecutive years of defi- Resolved, That, in the event that Congress grassroots movements like this to pass cits, to-wit: does not submit a balanced budget amend- a balanced budget amendment if Wash- FY 2002: $158 billion deficit ment to the states for ratification on or be- ington continues to fail to meet the FY 2003: $377 billion deficit fore December 31, 2011, the Alabama Legisla- challenges of our time. FY 2004: $413 billion deficit ture hereby makes application to the United It is not just my constituents in Ala- FY 2005: $318 billion deficit States Congress to call a convention under FY 2006: $248 billion deficit Article V of the United States Constitution bama who are upset. Recent polling has FY 2007: $161 billion deficit shown that this Congress has one of the for the specific and exclusive purpose of pro- FY 2008: $459 billion deficit posing an amendment to that Constitution lowest approval ratings in history. The FY 2009: $1.4 trillion deficit requiring that, in the absence of a national American people are becoming disillu- FY 2010: $1.3 trillion deficit emergency (as determined by the positive sioned and losing faith in their elected FY 2011: $1.5 trillion deficit (estimated); vote of such members of each house of Con- government as we fail to address the and gress as the amendment shall require), the crises of our day. Indeed, we are not Whereas, as of January 2011, America’s ac- total of all federal appropriations made by cumulated national debt exceeded $12 tril- even working openly to deal with this Congress for any fiscal year not exceed the lion now estimated at over $13 trillion: and total of all federal revenue for that fiscal great challenge. It is sad that Congress Whereas, the Congressional Budget Office cannot even perform its basic business, year; and be it further projects that, if current trends continue Resolved, That, unless rescinded by a suc- as seen in the failure of the Senate to under the White House’s proposed budget, ceeding Legislature, this application by the pass one regular appropriations bill each of the next 10 years has a projected def- Alabama Legislature constitutes a con- this year or a budget in nearly 4 years. icit exceeding $600 billion and tinuing application in accordance with Arti- The Senate is supposed to be the Whereas, the budget deficits of the United cle V of the United States Constitution until world’s great deliberative body. Unfor- States of America are unsustainable and at least two-thirds of the Legislatures of the tunately, the leader of this body and constitute a substantial threat to the sol- several states have made application for a vency of the federal government as evi- convention to provide for a balanced budget; his majority party will not even pro- denced by the comments of Standard and pose a budget to the American people. and be it further Poor’s on April 18, 2011, regarding the longer Resolved, That, in the event that Congress When I came to the Senate in 1997, I term credit outlook for the United States; does not submit a balanced budget amend- voted for a balanced budget amend- and ment to the states for ratification on or be- ment that fell one vote short of the 67 Whereas, Congress has been unwilling or fore December 31, 2011, the Alabama Legisla- it required for adoption. How much unable to address the persistent problem of ture hereby requests that the legislatures of better off would we have been today, overspending and has recently increased the each of the several states that compose the how much less debt would we have statutory limit on the public debt and en- United States apply to Congress requesting acted a variety of legislation that will ulti- Congress to call a convention to propose placed on our children and grand- mately cause the federal government to children had that amendment been such an amendment to the United States incur additional debt; and Constitution; and be it further passed? Last year, Republicans put for- Whereas, the National Commission on Fis- Resolved, That this application is rescinded ward a plan to cut, cap, and balance cal Responsibility and Reform in its report in the event that a convention to propose our Nation’s budget which would have The Moment of Truth includes recommenda- amendments to the United States Constitu- solved all our fiscal problems. But the tions to reduce the Federal deficit that have tion includes purposes other than providing Democrat majority would not let it not been considered by the United States for a balanced federal budget; and be it fur- Congress; and ther pass. Whereas, the consequences of current I applaud the members of the Ala- Resolved, That the copies of this resolution spending policies are far-reaching; United be provided to the following officials: bama legislature for adopting and Gov- States indebtedness to governments of for- 1. The President of the United States. ernor Robert Bentley for signing this eign nations continues to rise; costly federal 2. The Speaker of the United States House resolution. House Speaker Mike Hub- programs that are essentially unfunded or of Representatives. bard and Senate Pro Tempore Del underfunded; mandates to states threaten 3. The President of the United States Sen- Marsh and their members have spoken the ability of state and local governments to ate. clearly. This resolution exhibits lead- continue to balance their budgets; moreover, 4. All members of the Alabama Delegation ership and wisdom not found here in future generations of Americans inevitably to Congress with the request that this reso- face increased taxation and a weakened lution be officially entered in the Congres- Washington, DC. It is time we listen to economy as a direct result of the bloated sional Record as an application to the Con- the States and to our constituents and debt; and gress of the united States of America for a adopt a balanced budget amendment to Whereas, many states have previously re- convention to propose an amendment to pro- the United States Constitution. quested that Congress propose a constitu- vide for a federal balanced budget in the

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G27DE6.109 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8451 event that Congress does not submit such an oh such beautiful little boys and so girls . . . As against the darkest of all evils, amendment to the states for ratification on With their sweet little smiles unto us as so as onward we fight! or before December 31, 2011; and be it further unfurled . . . Rise! Resolved, That copies of this resolution be As all around them such happiness so swirls Rise Up To Heaven My Child, provided to the Secretaries of State and to ... with but tears in your eyes! the presiding officers of the Legislatures of Touching all of our hearts, As our Lord’s Littlest of Angels now so fill the other states. as was their part, the skies! these most precious boys and so girls! And do not so worry because in our Lord’s f With their little voices and so little curls arms you now lie! ADDITIONAL STATEMENTS ... Mommy! And who could so cast out such vile evil Daddy! upon as so hurled? I’m already in Heaven so don’t you so cry! Because, a child is but The Brightest of All IN MEMORY OF LOST LIVES Up here, there are candy canes to so taste, Lights! and Christmas trains to so ride! Mr. LIEBERMAN. Mr. President, I The Brightest of all Bright! And there are puppies up in heaven, rise in honor of the innocent lives that So listen on the wind, and the most beautiful of all butterflies . . . were lost in Newtown, CT, on Decem- and you will hear this my friend . . . And because you won’t ever turn seven it our Lord crying for all of them! now makes me so cry! ber 14, when a madman murdered 26 To take a child’s life, students, teachers, and administrators, And when their comes a gentle rain, but stands at the very top of evil’s darkest of your tear drops shall wash down upon your as well as his own mother. The terrible all heights! parents to so ease their pain . . . act of violence that occurred that day With all of their futures so up ahead, Until, one day up in Heaven you shall all so has left the whole Nation wounded and so very shinny and bright! meet again . . . shaken. In the wake of this tragedy, As it’s for all of them, And you won’t have to cry anymore! Mr. Albert Caswell penned the fol- we now so weep! Mothers, Fathers, Sisters, Brothers, Grand And for all of those dedicated teachers, lowing poem: Parents and all the others . . . whose very being was to so nurture our true Somehow! WE NOW SO WEEP heart’s delights! Someway! IN MEMORY OF ALL THE LOST LIVES AND THE Who so heroically towards evil so ran, Find the strength on this day! TRAGEDY AT SANDY HOOK ELEMENTARY SCHOOL ‘‘lock the doors, look the doors’’, All in what their short live’s so had to say! (By Albert Carey Caswell) as she so cried out all in her most coura- And so try! geous fight! We Now So Weep To so carry them all in your hearts out on As all of their children are but so now moth- your way! We . . . erless now! We now so weep . . . As you so wipe all of those tears from your As a young teacher who so hid her children, eyes . . . All in our hearts so very deep! to so escape past a door, And from out of all of this heartache you All in this pain to so repeat! as the evil came in she so fooled and so lured must so realize, Forever now so to keep! ... that your children and your loved ones are We now so weep! sacrificing herself . . . Angels now up in Heaven on high! And from all of this heartache! All so they could escape, And isn’t that but where we all so wish to What must we now so take! why now up in heaven she’s so adored! wake, so you and I? And what sense from all of this, Our children, Goodness! must we now so make? are but our most precious of all gifts from Evil! All so very deep, above! Darkness! deep down inside all of our souls to so create For these are our greatest gifts to our world, ... of our true loves! Light! That there is a battle! Such shear delights! Those brave hearts who evil must fight! And there is a fight! As no more joyful Christmas mornings, Together in enjoined, That which but so rages on this very night! will they so see so in sight . . . as we battle on into the darkest of all nights! Of Good Vs. Evil . . . Or Hanukkah’s, And now we so weep! Of wrong or so right! so surrounded by their families with such Amen! And that hate is hard, smiles so very bright! f as it makes me weep! Not to grow up to be so very tall! REPORTS OF COMMITTEES It makes me cry! Not to have children at all . . . When, I so see those tears in your parent’s Oh but the sad shame of it all! The following reports of committees eyes! No Weddings, No Birthdays, No Proms, or were submitted: And that our moments together upon this Graduations for one and all! By Mrs. BOXER, from the Committee on earth, As a parent’s greatest of all nightmares, Environment and Public Works, with amend- are such so very short ones there so first! has now come to call! ments: So hold your families close, To bury our children, S. 847. A bill to amend the Toxic Sub- and always remember what but means the with tears in eyes to their knees they now stances Control Act to ensure that risks most! fall! from chemicals are adequately understood All in your hearts so very deep! As out across this nation, and managed, and for other purposes (Rept. As all across this nation, we so try to so make sense of it all . . . No. 112–264). we now so weep . . . But, the answer is so very clear, By Mr. AKAKA, from the Committee on As the tears run down our faces so deep! as it’s as old as time is so here! Indian Affairs, with an amendment in the At this evil our souls so tries to defeat! It’s The Struggle! nature of a substitute: All in these our darkest hours of heartbreak, It’s The Fight! S. 1763. A bill to decrease the incidence of which now so beat . . . As out across this great nation . . . violent crimes against Indian women, to As it’s for them we now so weep! I bid to you to so hold your families close strengthen the capacity of Indian tribes to And for all of those love ones, ... exercise the sovereign authority of Indian who so lost their most precious daughters On this very night! tribes to respond to violent crimes com- and sons . . . And remember our love and time together, mitted against Indian women, and to ensure Thy Kingdom Come, but means the most! that perpetrators of violent crimes com- for heaven but lies for each of them! And that this battle is not over, mitted against Indian women are held ac- Their parent’s most precious children so to so wrap your hearts all in this clover, countable for that criminal behavior, and for keep! of all of those teachers love and courage so other purposes (Rept. No. 112–265). And for all of those educators, showed! By Mrs. BOXER, from the Committee on who were so slain so all in such grief! All in that selfless sacrifice! Environment and Public Works, without Knowing full well, Because, the darkness is no match . . . amendment: all of the pain that their loved ones must for the light in our hearts that which evil ig- S. 2251. A bill to designate the United now so keep! nites! States courthouse located at 709 West 9th The kind of pain, Goodness! Street, Juneau, Alaska, as the Robert that which only Heaven can bring such re- Evil! Boochever United States Courthouse. lief! Darkness! S. 2326. A bill to designate the new United For a child! Light! States courthouse in Buffalo, New York, as Is but the very hope of the world! Those brave hearts who evil must fight! the ‘‘Robert H. Jackson United States Court- So very innocent and so very precious, Who bring their light! house’’.

VerDate Mar 15 2010 04:21 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.040 S27DEPT1 smartinez on DSK6TPTVN1PROD with S8452 CONGRESSIONAL RECORD — SENATE December 27, 2012 INTRODUCTION OF BILLS AND SA 3437. Mr. LEAHY (for himself, Mr. DUR- section 501 or section 702 of the Foreign In- JOINT RESOLUTIONS BIN, Mr. FRANKEN, Mrs. SHAHEEN, Mr. AKAKA, telligence Surveillance Act of 1978 (50 U.S.C. and Mr. COONS) proposed an amendment to 1861 and 1881a) should be declassified in a The following bills and joint resolu- the bill H.R. 5949, supra. manner consistent with the protection of na- tions were introduced, read the first SA 3438. Mr. WYDEN (for himself, Mr. tional security, intelligence sources and and second times by unanimous con- UDALL of Colorado, Mr. LEE, Mr. DURBIN, Mr. methods, and other properly classified and sent, and referred as indicated: MERKLEY, Mr. UDALL of New Mexico, Mr. sensitive information. By Mr. BLUMENTHAL: BEGICH, Mr. FRANKEN, Mr. WEBB, Mrs. SHA- (c) REQUIREMENT FOR DISCLOSURES.— S. 3710. A bill to amend the Carl D. Perkins HEEN, Mr. TESTER, Mr. BINGAMAN, and Mr. (1) SECTION 501.— Career and Technical Education Act of 2006 LAUTENBERG) submitted an amendment in- (A) IN GENERAL.—Section 501 of the Foreign to establish a career and technical innova- tended to be proposed by him to the bill H.R. Intelligence Surveillance Act of 1978 (50 tion fund; to the Committee on Health, Edu- 5949, supra; which was ordered to lie on the U.S.C. 1861) is amended by adding at the end cation, Labor, and Pensions. table. the following: By Mr. BLUMENTHAL (for himself and f ‘‘(i) DISCLOSURE OF DECISIONS.— Mr. FRANKEN): ‘‘(1) DECISION DEFINED.—In this subsection, S. 3711. A bill to provide secondary school TEXT OF AMENDMENTS the term ‘decision’ means any decision, students with the opportunity to participate SA 3435. Mr. MERKLEY (for himself, order, or opinion issued by the Foreign Intel- in a high-quality internship program as part Mr. LEE, Mr. COONS, Mr. WYDEN, Mr. ligence Surveillance Court or the Foreign In- of a broader districtwide work-based learn- FRANKEN, Mrs. SHAHEEN, Mr. TESTER, telligence Surveillance Court of Review that ing program; to the Committee on Health, includes significant construction or interpre- and Mr. DURBIN) proposed an amend- Education, Labor, and Pensions. tation of this section. ment to the bill H.R. 5949, to extend f ‘‘(2) REQUIREMENT FOR DISCLOSURE.—Sub- the FISA Amendments Act of 2008 for ject to paragraphs (3) and (4), the Attorney ADDITIONAL COSPONSORS five years; as follows: General shall declassify and make available S. 2620 At the appropriate place, insert the fol- to the public— At the request of Mr. SCHUMER, the lowing: ‘‘(A) each decision that is required to be name of the Senator from Connecticut SEC. l. DISCLOSURE OF DECISIONS, ORDERS, submitted to committees of Congress under section 601(c), not later than 45 days after (Mr. LIEBERMAN) was added as a co- AND OPINIONS OF THE FOREIGN IN- TELLIGENCE SURVEILLANCE such opinion is issued; and sponsor of S. 2620, a bill to amend title COURT. ‘‘(B) each decision issued prior to the date XVIII of the Social Security Act to (a) FINDINGS.—Congress finds the fol- of the enactment of the llll Act that was provide for an extension of the Medi- lowing: required to be submitted to committees of care-dependent hospital (MDH) pro- (1) Secret law is inconsistent with demo- Congress under section 601(c), not later than gram and the increased payments cratic governance. In order for the rule of 180 days after such date of enactment. under the Medicare low-volume hos- law to prevail, the requirements of the law ‘‘(3) UNCLASSIFIED SUMMARIES.—Notwith- pital program. must be publicly discoverable. standing paragraph (2) and subject to para- (2) The United States Court of Appeals for graph (4), if the Attorney General makes a S. 3077 the Seventh Circuit stated in 1998 that the determination that a decision may not be de- At the request of Mr. PORTMAN, the ‘‘idea of secret laws is repugnant’’. classified and made available in a manner names of the Senator from South Da- (3) The open publication of laws and direc- that protects the national security of the kota (Mr. THUNE), the Senator from tives is a defining characteristic of govern- United States, including methods or sources Maine (Ms. COLLINS), the Senator from ment of the United States. The first Con- related to national security, the Attorney Georgia (Mr. ISAKSON), the Senator gress of the United States mandated that General shall release an unclassified sum- from Tennessee (Mr. ALEXANDER), the every ‘‘law, order, resolution, and vote mary of such decision. [shall] be published in at least three of the ‘‘(4) UNCLASSIFIED REPORT.—Notwith- Senator from Arkansas (Mr. BOOZMAN) public newspapers printed within the United standing paragraphs (2) and (3), if the Attor- and the Senator from Tennessee (Mr. States’’. ney General makes a determination that any CORKER) were added as cosponsors of S. (4) The practice of withholding decisions of decision may not be declassified under para- 3077, a bill to require the Secretary of the Foreign Intelligence Surveillance Court graph (2) and an unclassified summary of the Treasury to mint coins in recogni- is at odds with the United States tradition of such decision may not be made available tion and celebration of the Pro Foot- open publication of law. under paragraph (3), the Attorney General ball Hall of Fame. (5) The Foreign Intelligence Surveillance shall make available to the public an unclas- S. 3659 Court acknowledges that such Court has sified report on the status of the internal de- issued legally significant interpretations of liberations and process regarding the declas- At the request of Mr. CONRAD, the the Foreign Intelligence Surveillance Act of sification by personnel of Executive branch name of the Senator from Rhode Island 1978 (50 U.S.C. 1801 et seq.) that are not ac- of such decisions. Such report shall include— (Mr. REED) was added as a cosponsor of cessible to the public. ‘‘(A) an estimate of the number of deci- S. 3659, a bill to repeal certain changes (6) The exercise of surveillance authorities sions that will be declassified at the end of to contracts with Medicare Quality Im- under the Foreign Intelligence Surveillance such deliberations; and provement Organizations, and for other Act of 1978 (50 U.S.C. 1801 et seq.), as inter- ‘‘(B) an estimate of the number of deci- purposes. preted by secret court opinions, potentially sions that, through a determination by the implicates the communications of United Attorney General, shall remain classified to AMENDMENT NO. 3367 States persons who are necessarily unaware protect the national security of the United At the request of Mr. MERKLEY, the of such surveillance. States.’’. name of the Senator from Missouri (7) Section 501 of the Foreign Intelligence (2) SECTION 702.—Section 702(l) of the For- (Mr. BLUNT) was added as a cosponsor Surveillance Act of 1978 (50 U.S.C. 1861), as eign Intelligence Surveillance Act of 1978 (50 of amendment No. 3367 proposed to amended by section 215 of the USA PATRIOT U.S.C. 1881a(l)) is amended by adding at the H.R. 1, a bill making appropriations for Act (Public Law 107–56; 115 Stat. 287), author- end the following: the Department of Defense and the izes the Federal Bureau of Investigation to ‘‘(4) DISCLOSURE OF DECISIONS.— other departments and agencies of the require the production of ‘‘any tangible ‘‘(A) DECISION DEFINED.—In this paragraph, Government for the fiscal year ending things’’ and the extent of such authority, as the term ‘decision’ means any decision, interpreted by secret court opinions, has order, or opinion issued by the Foreign Intel- September 30, 2011, and for other pur- been concealed from the knowledge and ligence Surveillance Court or the Foreign In- poses. awareness of the people of the United States. telligence Surveillance Court of Review that f (8) In 2010, the Department of Justice and includes significant construction or interpre- the Office of the Director of National Intel- tation of this section. AMENDMENTS SUBMITTED AND ligence established a process to review and ‘‘(B) REQUIREMENT FOR DISCLOSURE.—Sub- PROPOSED declassify opinions of the Foreign Intel- ject to subparagraphs (C) and (D), the Attor- SA 3435. Mr. MERKLEY (for himself, Mr. ligence Surveillance Court, but more than ney General shall declassify and make avail- LEE, Mr. COONS, Mr. WYDEN, Mr. FRANKEN, two years later no declassifications have able to the public— Mrs. SHAHEEN, Mr. TESTER, and Mr. DURBIN) been made. ‘‘(i) each decision that is required to be proposed an amendment to the bill H.R. 5949, (b) SENSE OF CONGRESS.—It is the sense of submitted to committees of Congress under to extend the FISA Amendments Act of 2008 Congress that each decision, order, or opin- section 601(c), not later than 45 days after for five years. ion issued by the Foreign Intelligence Sur- such opinion is issued; and SA 3436. Mr. PAUL (for himself and Mr. veillance Court or the Foreign Intelligence ‘‘(ii) each decision issued prior to the date LEE) proposed an amendment to the bill H.R. Surveillance Court of Review that includes of the enactment of the llll Act that was 5949, supra. significant construction or interpretation of required to be submitted to committees of

VerDate Mar 15 2010 03:26 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A27DE6.018 S27DEPT1 smartinez on DSK6TPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — SENATE S8453 Congress under section 601(c), not later than ment or State or local government is using review the procedures and guidelines devel- 180 days after such date of enactment. to access the information provides express oped by the intelligence community to im- ‘‘(C) UNCLASSIFIED SUMMARIES.—Notwith- and informed consent to the search; or plement this section, with respect to the pro- standing subparagraph (B) and subject to (B) the Federal Government or State or tection of the privacy rights of United States subparagraph (D), if the Attorney General local government obtains a warrant, upon persons, including— makes a determination that a decision may probable cause, supported by oath or affir- ‘‘(i) an evaluation of the limitations out- not be declassified and made available in a mation, and particularly describing the lined in subsection (b), the procedures ap- manner that protects the national security place to be searched, and the persons or proved in accordance with subsections (d) of the United States, including methods or things to be seized. and (e), and the guidelines adopted in accord- sources related to national security, the At- ance with subsection (f), with respect to the torney General shall release an unclassified SA 3437. Mr. LEAHY (for himself, Mr. protection of the privacy rights of United summary of such decision. DURBIN, Mr. FRANKEN, Mrs. SHAHEEN, States persons; and ‘‘(D) UNCLASSIFIED REPORT.—Notwith- Mr. AKAKA, and Mr. COONS) proposed an ‘‘(ii) an evaluation of the circumstances standing subparagraphs (B) and (C), if the amendment to the bill H.R. 5949, to ex- under which the contents of communications Attorney General makes a determination tend the FISA Amendments Act of 2008 acquired under subsection (a) may be that any decision may not be declassified searched in order to review the communica- under subparagraph (B) and an unclassified for five years; as follows: tions of particular United States persons. summary of such decision may not be made Strike all after the enacting clause and in- ‘‘(C) CONSIDERATION OF OTHER REVIEWS AND available under subparagraph (C), the Attor- sert the following: ASSESSMENTS.—In conducting a review under ney General shall make available to the pub- SECTION 1. SHORT TITLE. subparagraph (B), the Inspector General of lic an unclassified report on the status of the This Act may be cited as the ‘‘FAA Sun- the Intelligence Community should take internal deliberations and process regarding sets Extension Act of 2012’’. into consideration, to the extent relevant the declassification by personnel of Execu- SEC. 2. EXTENSION OF FISA AMENDMENTS ACT and appropriate, any reviews or assessments tive branch of such decisions. Such report OF 2008 SUNSET. that have been completed or are being under- shall include— (a) EXTENSION.—Section 403(b)(1) of the taken under this section. ‘‘(i) an estimate of the number of decisions FISA Amendments Act of 2008 (Public Law ‘‘(D) REPORT.—Not later than December 31, that will be declassified at the end of such 110-261; 50 U.S.C. 1881 note) is amended by 2014, the Inspector General of the Intel- deliberations; and striking ‘‘December 31, 2012’’ and inserting ligence Community shall submit a report re- ‘‘(ii) an estimate of the number of deci- ‘‘June 1, 2015’’. garding the reviews conducted under this sions that, through a determination by the (b) TECHNICAL AND CONFORMING AMEND- paragraph to— Attorney General, shall remain classified to MENTS.—Section 403(b)(2) of such Act (Public ‘‘(i) the Attorney General; protect the national security of the United Law 110-261; 122 Stat. 2474) is amended by ‘‘(ii) the Director of National Intelligence; States.’’. striking ‘‘December 31, 2012’’ and inserting and ‘‘June 1, 2015’’. ‘‘(iii) consistent with the Rules of the SA 3436. Mr. PAUL (for himself and (c) ORDERS IN EFFECT.—Section 404(b)(1) of House of Representatives, the Standing Mr. LEE) proposed an amendment to such Act (Public Law 110-261; 50 U.S.C. 1801 Rules of the Senate, and Senate Resolution the bill H.R. 5949, to extend the FISA note) is amended in the heading by striking 400 of the 94th Congress or any successor Amendments Act of 2008 for five years; ‘‘DECEMBER 31, 2012’’ and inserting ‘‘JUNE 1, Senate resolution— as follows: 2015’’. ‘‘(I) the congressional intelligence commit- tees; and At the appropriate place, insert the fol- SEC. 3. INSPECTOR GENERAL REVIEWS. ‘‘(II) the Committees on the Judiciary of lowing: (a) AGENCY ASSESSMENTS.—Section 702(l)(2) the House of Representatives and the Senate. SEC. lll. FOURTH AMENDMENT PRESERVA- of the Foreign Intelligence Surveillance Act ‘‘(E) PUBLIC REPORTING OF FINDINGS AND TION AND PROTECTION ACT OF 2012. of 1978 (50 U.S.C. 1881a(l)(2)) is amended— CONCLUSIONS.—In a manner consistent with (a) SHORT TITLE.—This section may be (1) in the matter preceding subparagraph the protection of the national security of the cited as the ‘‘Fourth Amendment Preserva- (A), by striking ‘‘authorized to acquire for- United States, and in unclassified form, the tion and Protection Act of 2012’’. eign intelligence information under sub- Inspector General of the Intelligence Com- (b) FINDINGS.—Congress finds that the section (a)’’ and inserting ‘‘with targeting or right under the Fourth Amendment to the minimization procedures approved under munity shall make publicly available a sum- Constitution of the United States of the peo- this section’’; mary of the findings and conclusions of the ple to be secure in their persons, houses, pa- (2) in subparagraph (C), by inserting review conducted under subparagraph (B).’’. pers, and effects against unreasonable ‘‘United States persons or’’ after ‘‘later de- SEC. 4. ANNUAL REVIEWS. termined to be’’; and searches and seizures is violated when the Section 702(l)(4)(A) of the Foreign Intel- (3) in subparagraph (D)— Federal Government or a State or local gov- ligence Surveillance Act of 1978 (50 U.S.C. (A) in the matter preceding clause (i), by ernment acquires information voluntarily 1881a(l)(4)(A)), as redesignated by section striking ‘‘such review’’ and inserting ‘‘review relinquished by a person to another party for 3(b)(1), is amended— conducted under this paragraph’’; a limited business purpose without the ex- (1) in the matter preceding clause (i)— (B) in clause (ii), by striking ‘‘and’’ at the press informed consent of the person to the (A) in the first sentence— end; specific request by the Federal Government (i) by striking ‘‘conducting an acquisition (C) by redesignating clause (iii) as clause or a State or local government or a warrant, authorized under subsection (a)’’ and insert- (iv); and upon probable cause, supported by oath or ing ‘‘with targeting or minimization proce- (D) by inserting after clause (ii), the fol- affirmation, and particularly describing the dures approved under this section’’; and lowing: place to be searched, and the persons or (ii) by striking ‘‘the acquisition’’ and in- ‘‘(iii) the Inspector General of the Intel- things to be seized. serting ‘‘acquisitions under subsection (a)’’; (c) DEFINITION.—In this section, the term ligence Community; and’’. and ‘‘system of records’’ means any group of (b) INSPECTOR GENERAL OF THE INTEL- (B) in the second sentence, by striking records from which information is retrieved LIGENCE COMMUNITY REVIEW.—Section 702(l) ‘‘The annual review’’ and inserting ‘‘As ap- by the name of the individual or by some of the Foreign Intelligence Surveillance Act plicable, the annual review’’; and identifying number, symbol, or other identi- of 1978 (50 U.S.C. 1881a(l)) is amended— (2) in clause (iii), by inserting ‘‘United fying particular associated with the indi- (1) by redesignating paragraph (3) as para- States persons or’’ after ‘‘later determined vidual. graph (4); and to be’’. (d) PROHIBITION.— (2) by inserting after paragraph (2) the fol- (1) IN GENERAL.—Except as provided in lowing: paragraph (2), the Federal Government and a ‘‘(3) INSPECTOR GENERAL OF THE INTEL- SA 3438. Mr. WYDEN (for himself, State or local government is prohibited from LIGENCE COMMUNITY REVIEW.— Mr. UDALL of Colorado, Mr. LEE, Mr. obtaining or seeking to obtain information ‘‘(A) IN GENERAL.—The Inspector General DURBIN, Mr. MERKLEY, Mr. UDALL of relating to an individual or group of individ- of the Intelligence Community is authorized uals held by a third-party in a system of to review the acquisition, use, and dissemi- New Mexico, Mr. BEGICH, Mr. FRANKEN, records, and no such information shall be ad- nation of information acquired under sub- Mr. WEBB, Mrs. SHAHEEN, Mr. TESTER, missible in a criminal prosecution in a court section (a) in order to review compliance Mr. BINGAMAN, and Mr. LAUTENBERG) of law. with the targeting and minimization proce- submitted an amendment intended to (2) EXCEPTION.—The Federal Government dures adopted in accordance with sub- be proposed by him to the bill H.R. or a State or local government may obtain, sections (d) and (e) and the guidelines adopt- 5949, to extend the FISA Amendments and a court may admit, information relating ed in accordance with subsection (f), and in Act of 2008 for five years; which was or- to an individual held by a third-party in a order to conduct the review required under dered to lie on the table. system of records if— subparagraph (B). (A) the individual whose name or identi- ‘‘(B) MANDATORY REVIEW.—The Inspector At the appropriate place, insert the fol- fication information the Federal Govern- General of the Intelligence Community shall lowing:

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Service located at 600 Florida Avenue the third time, and passed, as follows: Section 702 of the Foreign Intelligence Sur- in Cocoa, Florida, as the ‘‘Harry T. and S. 3667 veillance Act of 1978 (50 U.S.C. 1881a) is Harriette Moore Post Office,’’ the bill Be it enacted by the Senate and House of Rep- amended— (H.R. 3892) to designate the facility of resentatives of the United States of America in (1) in subsection (b), by redesignating para- the United States Postal Service lo- Congress assembled, graphs (1) through (5) as subparagraphs (A) cated at 8771 Auburn Folsom Road in SECTION 1. KAY BAILEY HUTCHISON SPOUSAL through (E), respectively, and indenting such Roseville, California, as the ‘‘Lance IRA. subparagraphs, as so redesignated, an addi- Corporal Victor A. Dew Post Office,’’ The heading of subsection (c) of section 219 tional two ems from the left margin; of the Internal Revenue Code of 1986 is (2) by striking ‘‘An acquisition’’ and in- the bill (H.R. 3869) to designate the fa- amended by striking ‘‘SPECIAL RULES FOR serting the following: cility of the United States Postal Serv- CERTAIN MARRIED INDIVIDUALS’’ AND INSERT- ‘‘(1) IN GENERAL.—An acquisition’’; and ice located at 600 East Capitol Avenue ING ‘‘KAY BAILEY HUTCHISON SPOUSAL IRA’’. (3) by adding at the end the following: in Little Rock, Arkansas, as the ‘‘Sid- ‘‘(2) CLARIFICATION ON PROHIBITION ON ney ‘Sid’ Sanders McMath Post Office f SEARCHING OF COLLECTIONS OF COMMUNICA- Building,’’ the bill (H.R. 4389) to des- TIONS OF UNITED STATES PERSONS.— ignate the facility of the United States ORDERS FOR FRIDAY, DECEMBER ‘‘(A) IN GENERAL.—Except as provided in Postal Service located at 19 East 28, 2012 subparagraph (B), no officer or employee of the United States may conduct a search of a Merced Street in Fowler, California, as Mr. SCHUMER. Mr. President, I ask collection of communications acquired under the ‘‘Cecil E. Bolt Post Office,’’ the bill unanimous consent that when the Sen- this section in an effort to find communica- (H.R. 6260) to designate the facility of ate completes its business today, it ad- tions of a particular United States person the United States Postal Service lo- journ until 9 a.m. on Friday, December (other than a corporation). cated at 211 Hope Street in Mountain 28, 2012; that following the prayer and ‘‘(B) CONCURRENT AUTHORIZATION AND EX- View, California, as the ‘‘Lieutenant pledge, the Journal of proceedings be CEPTION FOR EMERGENCY SITUATIONS.—Sub- Kenneth M. Ballard Memorial Post Of- approved to date, the morning hour be paragraph (A) does not apply to a search for fice,’’ the bill (H.R. 6379) to designate communications related to a particular deemed expired, and the time for the United States person if— the facility of the United States Postal two leaders be reserved for their use ‘‘(i) such United States person is the sub- Service located at 6239 Savannah High- later in the day; that following any ject of an order or emergency authorization way in Ravenel, South Carolina, as the leader remarks, the Senate resume authorizing electronic surveillance or phys- ‘‘Representative Curtis B. Inabinett, consideration of H.R. 5949, the FISA ical search under section 105, 304, 703, 704, or Sr. Post Office,’’ and the bill (H.R. 6587) bill, under the previous order; and that 705, or title 18, United States Code, for the to designate the facility of the United following the disposition of H.R. 5949, effective period of that order; States Postal Service located at 225 the Senate resume consideration of ‘‘(ii) the entity carrying out the search has Simi Village Drive in Simi Valley, a reasonable belief that the life or safety of H.R. 1, the legislative vehicle for the such United States person is threatened and California, as the ‘‘Postal Inspector emergency supplemental appropria- the information is sought for the purpose of Terry Asbury Post Office Building,’’ tions bill, under the previous order; assisting that person; or were ordered to a third reading, were and further, that the Senate recess ‘‘(iii) such United States person has con- read the third time, and passed. from 12:30 p.m. until 2:15 p.m. to allow sented to the search.’’. f for caucus meetings. The PRESIDING OFFICER. Without f KAY BAILEY HUTCHISON SPOUSAL objection, it is so ordered. MEASURES CONSIDERED EN BLOC IRA Mr. SCHUMER. Mr. President, I ask f Mr. SCHUMER. Mr. President, I ask unanimous consent that the Com- unanimous consent that the Homeland mittee on Finance be discharged from PROGRAM Security and Governmental Affairs further consideration of S. 3667 and the Mr. SCHUMER. Mr. President, the Committee be discharged from the fol- Senate proceed to its immediate con- first vote tomorrow will be at approxi- lowing postal naming bills en bloc: sideration. mately 9:45 a.m. There will be several H.R. 2338 and H.R. 3892; that the Senate The PRESIDING OFFICER. Without rollcall votes beginning at that time in proceed to their consideration and the objection, it is so ordered. order to complete action on the FISA consideration of the following bills, en The clerk will report the bill by title. bill and on the supplemental bill. Addi- bloc, which were received from the The legislative clerk read as follows: tional rollcall votes in relation to exec- House and are at the desk: H.R., 3869, A bill (S. 3667) to rename section 219(c) of utive nominations are possible as well. H.R. 4389, H.R. 6260, H.R. 6379, and H.R. the Internal Revenue Code of 1986 as the KAY 6587. BAILEY HUTCHISON Spousal IRA. f There being no objection, the Senate There being no objection, the Senate ADJOURNMENT UNTIL 9 A.M. proceeded to consider the bills en bloc. proceeded to consider the bill. Mr. SCHUMER. I ask unanimous con- Mr. SCHUMER. Mr. President, I ask TOMORROW sent that the bills be read a third time unanimous consent that the bill be Mr. SCHUMER. Mr. President, if and passed en bloc; the motions to re- read a third time and passed, the mo- there is no further business to come be- consider be laid upon the table en bloc, tion to reconsider be laid upon the fore the Senate, I ask unanimous con- with no intervening action or debate; table, and that any statements relating sent that it adjourn under the previous and that any related statements be to the measure be printed in the order. printed in the RECORD. RECORD. There being no objection, the Senate, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without at 8:47 p.m., adjourned until Friday, objection, it is so ordered. objection, it is so ordered. December 28, 2012, at 9 a.m.

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SUPPORT FOR H.R. 1509, MEDICARE vides funding. But we must make sure that the Head Coach Jeff Chudy, Defensive Coordi- INDENTITY THEFT PREVENTION funding is sufficient and that both the Medi- nator/LB’s Reggie Bolton, and Offensive Coor- ACT OF 2011 care agency and Social Security Administra- dinator/QB’s Carl Dean. The 2012 CCCAA tion equitably access these funds. State Championship Renegade football team HON. SANDER M. LEVIN f includes: Mercy Maston, Brian Burrell, Curtis OF MICHIGAN McGregor, Franklin Simmons IV, Grant Camp- TRIBUTE TO THE BAKERSFIELD bell, Brock Martin, Robert Burns, Chris IN THE HOUSE OF REPRESENTATIVES COLLEGE RENEGADE FOOTBALL Hannible, Juan Carbajal, Kelyon Hollis, Aaron Thursday, December 27, 2012 TEAM Kolb, Austin Tijeriana, Shannon James, Mr. LEVIN. Mr. Speaker, I support H.R. Alfonzo Jackson, Jr., Cody Jones, Daniel 1509, the Medicare Identity Theft Prevention HON. KEVIN McCARTHY Cherry, Cole Murry, Chaz Adams, Hamid Act. There has been longstanding bipartisan OF CALIFORNIA Camara, Sterling Fuggett, Tyler Schleicher, support—led by Ways and Means Members IN THE HOUSE OF REPRESENTATIVES Joey Stuart, Donny Siewell, Walter Hunt, LLOYD DOGGETT and SAM JOHNSON—for re- Brock Baize, Kwame Johnson, Jalen Sykes, Thursday, December 27, 2012 moving Social Security numbers from Medi- Ryan Salinas, Salim Cleghorne, Mason Often, care beneficiary cards. A similar bill passed Mr. MCCARTHY of California. Mr. Speaker, Keith Fingers, Daviyoun Golden, Osvaldo the House all the way back in 2008, but the I rise today to honor the Bakersfield College Sombo, Jim Leathers, Bruce Volaski, Zack Senate failed to act. No progress has been Renegades, who captured the 2012 California Puente, Curtis Fainter, Brandon Tillman, John made on this issue in the intervening years. Community College Athletic Association Oglesby, Beau-Riley Pearson, Kevin Boyer, That said, I must express concern about (CCCAA) State Championship in football on Jorge Villarreal, Alex Cortez, Dominic Ruther- violating regular order in bringing this bill to December 8, 2012. ford, Brodie Scott, John Christie, Josh Ringer, the floor today. There are technical edits that Winning this championship was truly a team Braylen Lejander, Jordan Alvarez, Justin we believe are important to make before it is effort on both the offensive and defensive side Verrell, Christian Barrios, Kenneth Dunston, signed into law. Unfortunately, because it of the ball. But this thrilling victory was the Donovan Rutherford, Brandon Sarabia, Arturo didn’t move through the committee process, product of months of skill, hard work, and un- Patino, Joseph Jaurez, Julio Regla, Ricardo such changes are impossible under the sus- equivocal determination to win from every Figueroa, Justin Wallace, Christian Soto, pension of the rules. player, coach, and support staff—from sum- Hilberto Flores, Sabastian Prince, Leonel Del Removing Social Security numbers is one mer practices, to winning the first game of the Toro, Ever Mondragon, Tyler Fries, Darryle step to protecting beneficiaries from identity season against Santa Ana College, to defeat- Baker, Tim Martinez, John Palacios, Mike theft. The Social Security number is especially ing City College of San Francisco in the cham- Dunn, Ron Douglas, Stewart Bandy, Hernan valuable to identity thieves as it serves as the pionship game, 35–14. Overcoming obstacles Rocha, Thomas Hearn, Tanner Melson, Dandy key to authenticating an individual’s identity in early in the season, this team practiced con- Hannible, Clinton Carter, Onosai Sotoa, Jacob order to open accounts or obtain other bene- sistency and perseverance throughout the rest Miller, and Randy Armstrong. On behalf of our fits in the victim’s name. Identity theft can be of the season to cap off an amazing 11–2 proud community, Go Gades! particularly devastating to seniors because record, winning games by an average margin f their incomes are so modest. of over three touchdowns. HONORING ALLEN SHORT We have held hearings on these issues and This championship is also a milestone for our Members have voted for these protections Bakersfield College, winning its first CCCAA numerous times. No one can question our state championship in football and paving the HON. JEFF DENHAM commitment here. But I would urge that we road for future victories. From the first game of OF CALIFORNIA work to make sure that the Centers for Medi- the season at Memorial Stadium, our commu- IN THE HOUSE OF REPRESENTATIVES care and Medicaid Services and the Social nity has been 100% behind this football team, Thursday, December 27, 2012 Security Administration are provided appro- packing the stadium with roaring crowds, es- Mr. DENHAM. Mr. Speaker, I rise today with priate funds for such a large undertaking as its pecially the championship game at home. my colleague, Mr. Costa, to acknowledge and been the cost and complexity which has held Above all, what makes this achievement so honor Allen Short, General Manager of the up this issue for so long. special has been the players’ appreciation for Modesto Irrigation District, who is retiring on The Social Security number is printed on each other as they fought hard for victories December 31, 2012 after 22 years of service the Medicare card beneficiaries carry in their this season, never losing sight of their ultimate to the agency that provides water and power wallets. It is used for communication between goal—the CCCAA state championship. Play- to thousands of farms, homes and businesses the beneficiary and Medicare, providers billing ers often said they never lost faith and kept in the San Joaquin Valley of California. Medicare, enrollment transactions with Medi- pushing each other to ensure win after win. During the past two decades, Mr. Short also care Advantage plans and Medicare prescrip- Embodying the team concept, when running has been a leader among the Central Valley’s tion drug plans, and communications within back Jalen Sykes, the team MVP, received his other publically owned water and power agen- and between Medicare’s 50 internal informa- trophy after the title game, he handed it to an- cies, spearheading efforts to develop agree- tion systems and between Medicare and the other teammate saying, ‘‘This is for the offen- ments to meet environmental goals for the Social Security Administration. sive line.’’ San Joaquin River system and the Bay-Delta This is not as simple as printing new cards I commend Renegade head coach Jeff estuary while protecting and enhancing the as some would lead us to believe. It requires Chudy and his coaching staff for their leader- Valley’s economically critical water and power revising numerous computer systems as well ship and ability to mold this winning team. resources. as significant beneficiary and provider edu- Coach Chudy brought all the players together Modesto Irrigation District and the neigh- cation. And, there are serious risks to bene- so each one not only knew his individual re- boring Turlock Irrigation District hold some of ficiaries’ access to care and out-of-pocket sponsibilities, but also knew of the importance the oldest water rights in California. The two costs if mistakes are made. of how the sum of each player’s individual role Districts jointly own Don Pedro Dam and Res- The cost will likely be in the hundreds of cohesively formed a unit to successfully exe- ervoir on the Tuolumne River. MID provides ir- millions. Yet, the Medicare agency and Social cute play after play, to win the day and ulti- rigation water for 59,000 acres of farm land, Security Administration have been under- mately the season. electricity for more than 113,000 retail ac- funded by Republicans for years. They are As a former student at Bakersfield College, counts, and treated drinking water to the City working with minimal administrative budgets. I join our community in congratulating the of Modesto. This bill improves on the 2008 legislation coaches and players for their achievement. Prior to becoming General Manager in passed with bipartisan support because it pro- The 2012 Renegade coaching staff includes: 1993, Mr. Short joined MID as its first Chief of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 01:50 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27DE8.001 E27DEPT1 jbell on DSK7SPTVN1PROD with E2004 CONGRESSIONAL RECORD — Extensions of Remarks December 27, 2012 Domestic Water Operations in 1990 and was tric generation and resources for its member On swearing-in day, our family made a spe- named Chief—Water Resources and Rights agencies. In June, 2012, Mr. Short was invited cial trip to view the Emancipation Proclamation Officer in 1992. That position included over- by the House Committee on Energy and Com- at the National Archives, where it was on dis- seeing Irrigation Operations, Water Rights and merce to testify on behalf of M-S-R and the play only for a few days. We had to get per- Domestic Water Operations. He was respon- Southern California Public Power Authority at mission to get in before regular hours. Just the sible for overseeing the construction and oper- a hearing about implementation of Federal five of us stood in front of that document, and ation of the new domestic water facility that Clean Air Act regulations. my heart pounded. I was from his State. He MID completed in late 1994. After his retirement from MID, Mr. Short will gave his life to protect the God-given freedom He had previously held positions as water serve as Executive Director of the San Joa- of others. division manager for the City of San Luis quin Tributaries Authority, an organization (The newspaper article written about that Obispo from 1985 to 1990 and as water treat- formed in 2012 to represent local water agen- experience with the Emancipation Proclama- ment operator and treated water supervisor for cies on the Stanislaus, Tuolumne and Merced tion caught the eye of Loretta Carter Haynes, Stockton East Water District from 1978 to Rivers. whose family members generations ago were 1985. Mr. Speaker, please join Mr. Costa and me slaves in Washington, D.C. For years she had As General Manager of MID, Mr. Short has in honoring Modesto Irrigation District’s Gen- been trying to get the National Park Service to been actively involved in water policy matters eral Manager Allen Short on his retirement ring the bells in the Old Post Office in down- at the local, state and federal levels. In the and thank him for his exemplary leadership town Washington to commemorate the District late 1990s, he was instrumental in the devel- and service to the District. of Columbia emancipation act of April 16, opment of the Vernalis Adaptive Management f 1862, which predated the more famous procla- Plan (VAMP), a 12–year program intended to MY FINAL SPEECH IN CONGRESS mation by Lincoln six months later. Our office protect San Joaquin River fall-run salmon; to intervened, and today those bells ring faithfully gather information on the effect of San Joa- every April 16). quin river flows on delta environmental condi- HON. DONALD A. MANZULLO As the Speaker started the ceremony and OF ILLINOIS tions and water supply operations, and; to pro- asked us to raise our right hands and repeat IN THE HOUSE OF REPRESENTATIVES vide flows from the Tuolumne River and other the Oath, my eyes were flooded and my voice San Joaquin Tributaries to meet California’s Thursday, December 27, 2012 crackled as I tried to repeat the words of of- 1995 Water Quality Control Plan. Mr. Short Mr. MANZULLO. Mr. Speaker, it’s difficult fice, but was unable to voice them because of played a major role in the development of the for me to come to the floor today after 20 the awesomeness of the occasion. The kids San Joaquin River Agreement to provide a years in Congress and say ‘‘goodbye’’ to my looked at me then and at the next nine swear- framework for implementation of VAMP, which constituents and fellow colleagues. ing-ins, when the same thing happened every began in 2000, and he led non-federal imple- When I was 10 years old, I decided I want- time. This, perhaps, was one of those monu- mentation of the program as Coordinator of ed to be a Member of the United States ments of which Kay Cole James had spoken. the San Joaquin River Tributaries Group Au- House of Representatives. I want to thank ev- Committee Assignments are very important thority, an organization representing local erybody for making possible my boyhood in Congress, but I chose two committees that water agencies on the Stanislaus, Tuolumne, dream. After I graduated from law school, I im- many Members shy away from: Small Busi- Merced and San Joaquin Rivers. mediately settled in a town of 3,500 people, ness, because I had been raised in small busi- In 2006 and 2008, Mr. Short worked closely Oregon, Illinois, the county seat of Ogle Coun- ness my entire life and could relate to the peo- with Senator Dianne Feinstein and Members ty. I raised beef cattle on a small farm, and at ple running small businesses, and Foreign Af- of the San Joaquin Valley Delegation in the age 38 met Freda, the woman who changed fairs, where I had developed an interest in House to draft provisions for the San Joaquin my life dramatically. international relations, especially Asia, when I River Restoration Settlement Act to protect the In 1990, I ran for Congress and lost in the studied at American University in Washington water supplies and operations of ‘‘Third-Party’’ primary. I decided I would not run again, until between 1964 and 1967. Four years later, I agencies like MID during implementation of Freda encouraged me to fulfill that boyhood was also appointed to what is now known as the San Joaquin River Restoration Settlement. dream. In 1992, I won the March primary and the Financial Services Committee. He has continued to advocate for the interests the November election against incredible It’s hard to imagine the significance of my of local public water agencies in the San Joa- odds. How this unknown country lawyer, with choosing Small Business and Foreign Affairs quin River Basin as a leading member of the no political experience and who lives outside committees, especially since few Members San Joaquin River Tributaries Association. a town of 42 people, could get elected to Con- ever ask for them as their first choice. I even- Mr. Short also has been a leading voice on gress is a testament to what we call the tually became the Chairman of the Small Busi- policy matters for public owned electric utilities ‘‘American Dream.’’ ness Committee in 2001, where I expanded in the Central Valley and throughout Cali- During the Freshmen retreat in Baltimore, the services of the Small Business Administra- fornia. He is the former President of the Cali- Kay Cole James, who later became President tion while cutting unneeded personnel by 25 fornia Public Utilities Association (CMUA), an George W. Bush’s Director of the Office of percent and its budget by nearly $300 million 80-year-old organization that represents con- Personnel Management, warned us that if we dollars over the course of my six-year term. sumer-owned utilities before the California ever took for granted the magnificence of the Because of my interest in Asia and service on Legislature and regulatory bodies. While serv- great monuments in Washington—the U.S. Foreign Affairs, the Speaker appointed me as ing on the CMUA Board of Directors as its Capitol, the Lincoln, Jefferson, and Wash- the first Chairman of the US-China Inter-par- President, Mr. Short led a reorganization of ington monuments—then it was time to leave. liamentary Exchange. CMUA to improve its effectiveness in rep- Every time I’ve seen those monuments—now There was an Exchange meeting in Beijing resenting the interests of public power agen- thousands of times after 20 years—I’ve between me and President Jiang Zemin in cies. He continues to serve on the CMUA thought of Kay’s wise counsel. And I’ve never 2003. As we were discussing various issues, Board of Governors. grown tired of seeing them and what they I asked myself and prayed how I ended up Mr. Short also currently serves as Chairman stand for. with this great honor of representing the of the Transmission Agency of Northern Cali- Swearing-in day, the first week of January House of Representatives. fornia (TANC), a joint powers authority com- of 1993, was overwhelming. I saw my name People have asked what I consider to be posed of 15 public power agencies. TANC is on the voting board and saw mom and Freda the most memorable events of my career. the Project Manager and largest participant in in the gallery. Our three kids were on the floor Was it interacting with presidents? Meeting a the California-Oregon Transmission Project, a of the House with me. As the time came for certain foreign leader? No: it has been the op- 340-mile-long transmission line that brings us to raise our right hands to be sworn in, my portunity to mentor students and many of my power to California from the Pacific Northwest life paraded in front of me within a few sec- young staff. In November of this year, I re- to improve the reliability of California’s electric onds: the little 10-year-old boy dreaming of ceived a note from a constituent who also at- grid. Mr. Short joined TANC in 2003 as MID’s this very moment, the virtually unbeatable tends the same church as I do in Leaf River. Commissioner and was elected Chairman in odds to get elected, the unspeakable honor of He had helped in our 2012 primary. He wrote 2008. becoming a Member of the House of Rep- to me thanking me for a conversation I had In addition, Mr. Short is the President of M- resentatives, the lives given on battlefields to with him in November of 1999 while he at- S-R Public Power Agency, an entity organized preserve this country’s government, the peo- tended an annual Youth Conference I hosted. in 1980 by MID, Silicon Valley Power and the ple who had served from the time of the First In his letter to me, he stated: ‘‘I shared with City of Redding Electric Utility to acquire elec- Congress under the Constitution. you some of the struggles I was experiencing

VerDate Mar 15 2010 01:50 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A27DE8.003 E27DEPT1 jbell on DSK7SPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E2005 as a new Christian in a hostile high school en- that they might have a piece of the American Park, Ann Arbor, Michigan. The meadows pre- vironment. Your words of encouragement dream. They raised Susie, their first born, and serve habitat for local plants and wildlife, filter touched me deeply, and you wrote me a note her four siblings in San Antonio. Susie exhib- stormwater runoff, and serve as an edu- in my little book that I have kept for almost 13 ited her value of education throughout her ele- cational site for both children and adults. years. I scanned this note today and wanted mentary, high school, and college careers. The Buhr Park Children’s Wet Meadow is to send it to you as a way of saying thank you She parlayed this love of education and her one example of Ms. Palms’ life’s work. A life for being a mentor to me, both when I was skill at helping others into a job as a teacher committed to creating sustainable commu- just a kid in high school and now as an adult at Burbank High School in San Antonio during nities, promoting social justice, and preserving who is interested in a career in public service. the 1970–1971 academic year. our nation’s natural resources. Your model for serving the people of the In 1971, Susie obtained a summer job in the f United States as an extension of your service District Office of my father, the late U.S. Con- to God is something worthy of great respect gressman Henry B. Gonzalez. She was hired H.R. 1845, THE MEDICARE IVIG and admiration.’’ full-time to handle casework for the 20th Dis- ACCESS ACT He then attached a copy of the note I had trict of Texas and her summer job turned into written him: ‘‘November 19, 1999. Adam, con- a thirty-three-year career. Susie expressed HON. SANDER M. LEVIN tinue to believe that people who really care pride in working for my father, a notable figure OF MICHIGAN need to stay involved, even when cir- in Texas and U.S. politics. He was celebrated IN THE HOUSE OF REPRESENTATIVES cumstances dictate the opposite. Be of good in San Antonio as being a man who gave a Thursday, December 27, 2012 cheer. God Bless. Donald Manzullo, United voice to those who could not speak for them- Mr. LEVIN. Madam Speaker, I support this States Congress.’’ selves. Susie was vital to my father’s efforts in I’ve always believed that God has a purpose bipartisan legislation, H.R. 1845, but I must this endeavor because she worked in close express concern about once again violating and a plan for every life. After the 2012 pri- contact with people who could not navigate mary, Freda and I received a letter from a lady regular order in bringing this bill to the floor through the often convoluted systems of fed- today. Neither the IVIG Access Act nor the who attends our church in Leaf River: ‘‘I know eral bureaucracies by themselves. God has a plan for your lives so I’m not going Strengthening Medicare and Repaying Tax- I was blessed to be elected to represent the payers (SMART) Act went through the com- to say I’m sorry about the outcome of the 20th District of Texas in 1998. Like my father election—’cause I’m not. It’s just time to put mittee process, thus depriving Members of the before me, I recognize the value of providing opportunity to discuss these policies in an your fishing boat and nets away, and ‘Follow good constituent services to those whom I Him.’ ’’ open forum. represent. Therefore, I hired Susie to continue One consequence of this lack of dialogue is Where He leads, I don’t know. in her casework position so that she could In closing, my mind goes back to my dear, that this bill does not provide any funding to continue to provide important services for con- the Centers for Medicare and Medicaid Serv- fellow Illinois congressman, Abraham Lincoln, stituents. Her many accomplishments led me who, in his Gettysburg address, stated: ‘‘The ices to implement the new Medicare Sec- to promote her to be my District Office Direc- ondary Payer rules, something that could have world will little note, nor long remember what tor. we say here, but we can never forget what been corrected in committee were Members Additionally, Susie was a leader in our com- able to do so. This is yet another example of they did here. It is for us the living, rather to munity and an incredible advocate for Mexi- be dedicated here to the unfinished work placing additional burden on an already woe- can-American women. She was one of the fully underfunded administrative agency. which they who fought here have thus far so founding members of the Mexican American f nobly advanced.’’ Business and Professional Women’s Club of Years from now no one may remember the San Antonio. Throughout her life she fought to HONORING ROBERT NEES many times I spoke on this House floor or the help Mexican-American women achieve equity causes I championed. People might look at in the workplace and the community. HON. JEFF DENHAM my portrait hanging in the Small Business In the five and one-half years that Susie Committee hearing room and wonder, ‘‘Who is OF CALIFORNIA worked for me, she proved herself invaluable IN THE HOUSE OF REPRESENTATIVES he?’’ But the answer is simple. We all have a to me, my staff, and the constituents of the Thursday, December 27, 2012 part in Lincoln’s unfinished work. I am just one 20th District of Texas. I am sincerely proud to man, whose deep love for this country caused count myself among those who have had the Mr. DENHAM. Mr. Speaker, I rise today with him to leave his private sector job and enter opportunity to know and work with Susie. She my colleague, Mr. COSTA, to acknowledge and into a life of public service. For that great was part of the Gonzalez family. She was honor Robert Nees, Turlock Irrigation District’s honor, I will always be grateful to the citizens there not only for the ups and downs of polit- Assistant General Manager for Water Re- of the 16th Congressional District of Illinois ical life, but she also shared in our family’s sources, who is retiring on December 31, who allowed me to serve on their behalf. I en- joys and sorrows through the years. Her en- 2012; and to thank him for his dedicated 33- courage all Members to truly remember whom during dedication to serving the 20th Congres- years service to the District. they represent: not a political party; not organi- sional District will continue to set the standard Established in 1887, the Turlock Irrigation zations but people. for service to our community. Susie enriched District, TID, was the first publicly owned irri- f all of our lives and that is why we mourn her gation district in the state. In 1893, TID built La Grange Dam on the Tuolumne River in TRIBUTE TO MARY JESSIE today and will greatly miss her tomorrow. partnership with Modesto Irrigation District, GONZALEZ ROQUE f MID, to divert water into their canal systems. COMMENDATION OF JEANNINE In addition, TID operates Don Pedro Dam, HON. CHARLES A. GONZALEZ CAMPAU PALMS Reservoir and Power House, facilities that it OF TEXAS owns jointly with MID. Today, TID provides irri- IN THE HOUSE OF REPRESENTATIVES HON. HANSEN CLARKE gation water to more than 5,800 growers on Thursday, December 27, 2012 OF MICHIGAN 150,000 acres of farmland and serves elec- Mr. GONZALEZ. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES tricity to 100,000 accounts. to recognize the life of a very special woman, Mr. Nees joined TID in 1979 as the District’s Thursday, December 27, 2012 Mary Jessie Gonzalez Roque, known by her Public Information Officer and developed TID’s friends as ‘‘Susie.’’ She was an inspiring com- Mr. CLARKE of Michigan. Mr. Speaker, first legislative and public affairs program. In munity leader, a trusted staff member, and a today I honor the contributions of Jeannine 1993, Mr. Nees became TID’s Water Re- dear friend who is sadly no longer with us. Campau Palms. sources and Public Affairs Administrator, tak- As all Representatives know, good staff Ms. Palms has dedicated her life to pre- ing on responsibility for all of TID’s water-re- makes a Member, and they are essential to serving a safe and clean environment for fu- lated issues, and in 1995 he was named as the operations and effectiveness of Congress. ture generations and working towards justice TID’s Assistant General Manager of Water Re- Susie was a valued employee of mine who re- for all people. Among her many accomplish- sources and Regulatory Affairs. Mr. Nees’ cur- tired after thirty-three years of dedicated serv- ments, the creation of the Buhr Park Chil- rent title is Assistant General Manager of ice to the 20th District of Texas. dren’s Wet Meadow is particularly noteworthy. Water Resources and his responsibilities in- Susie’s parents immigrated to the United The Buhr Park Children’s Wet Meadow is a clude overseeing TID irrigation operations and States from Mexico before she was born so group of wet meadow ecosystems in Buhr working with local, state and federal agencies

VerDate Mar 15 2010 01:50 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A27DE8.004 E27DEPT1 jbell on DSK7SPTVN1PROD with E2006 CONGRESSIONAL RECORD — Extensions of Remarks December 27, 2012 on issues affecting the District’s water supply ment Plan, VAMP, and the San Joaquin River ment of TID’s municipal water treatment sys- and hydroelectric operations. Agreement, which together established and tem, including the 2000–2002 installation of an In 1995, Mr. Nees helped negotiate a settle- implemented an alternative means of meeting infiltration gallery in the river to serve both as ment agreement with the Federal Energy Reg- the San Joaquin River flow objectives con- a future diversion point for a treatment facility ulatory Commission, FERC, MID, the City and tained in the State Water Control Board’s for domestic water, and provide more river County of San Francisco, CCSF, conservation 1995 Water Quality Control Plan for the San flow in the critical portion of the Tuolumne groups and state and federal agencies. The Francisco Bay/Sacramento-San Joaquin Delta River below La Grange Dam for fish habitat. agreement included minimum stream flow Estuary. Initiated in 2000, the 12-year VAMP schedules at La Grange Dam to benefit fish; program also included protective measures for Since 2009, Mr. Nees has worked on the re- a program to monitor Chinook salmon popu- fall-run salmon and studies of how different licensing by FERC of the Don Pedro Project. lations and habitat in the Tuolumne River; and San Joaquin River flow levels affect delta re- The current hydroelectric license expires in programs and activities to enhance habitat in sources and water supply conditions. April 2016. Bob assembled a relicensing team the Tuolumne River downstream of Don Pedro Mr. Nees led TID’s voluntary effort to de- consisting of TID, MID and outside consult- Dam. velop a groundwater management plan that in- ants, and Bob has lead the team through all The following year, Mr. Nees developed and cluded mitigation of overdraft conditions, as the key steps in the relicensing process, which implemented a communications plan for TID well as conservation, recharge, and conjunc- is now nearing its conclusion. and participated in the development of the tive-use activities. When state law made the Those of us who work on California water 1996 Fourth Agreement with the City and program mandatory in 2011, Mr. Nees issues will miss Mr. Nees’ expertise and his County of San Francisco that apportioned oversaw TID’s effort to comply with the re- calm and steady hand. costs among CCSF, MID and TID arising from quirements for agriculture water use efficiency the Districts’ responsibilities as FERC licens- and improved water measurement and con- Mr. Speaker, please join Mr. COSTA and me ees for the Don Pedro Project hydroelectric fa- servation. in honoring Turlock Irrigation District’s Assist- cilities. Mr. Nees also has been TID’s lead on a va- ant General Manager for Water Resources, In 1998, Mr. Nees represented TID on the riety of other complex water supply, operations Robert Nees on his retirement and thank him San Joaquin River Group Authority during de- and environmental compliance matters for the for his exemplary leadership and service to velopment of the Vernalis Adaptive Manage- District. These include overseeing develop- the District.

VerDate Mar 15 2010 01:50 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A27DE8.006 E27DEPT1 jbell on DSK7SPTVN1PROD with Thursday, December 27, 2012 Daily Digest

HIGHLIGHTS Senator-Designate Brian Schatz, of Hawaii, was administered the oath of office by the Vice President. Senate ity of the United States Postal Service located at 600 Chamber Action East Capitol Avenue in Little Rock, Arkansas, as the Routine Proceedings, pages S8383–S8454 ‘‘Sidney ‘Sid’ Sanders McMath Post Office Building’’. Measures Introduced: Two bills were introduced, Page S8454 as follows: S. 3710–3711. Page S8452 Cecil E. Bolt Post Office: Senate passed H.R. Measures Reported: 4389, to designate the facility of the United States S. 847, to amend the Toxic Substances Control Postal Service located at 19 East Merced Street in Act to ensure that risks from chemicals are ade- Fowler, California, as the ‘‘Cecil E. Bolt Post Of- quately understood and managed, with amendments. fice’’. Page S8454 (S. Rept. No. 112–264) Lieutenant Kenneth M. Ballard Memorial Post S. 1763, to decrease the incidence of violent Office: Senate passed H.R. 6260, to designate the fa- crimes against Indian women, to strengthen the ca- cility of the United States Postal Service located at pacity of Indian tribes to exercise the sovereign au- 211 Hope Street in Mountain View, California, as thority of Indian tribes to respond to violent crimes the ‘‘Lieutenant Kenneth M. Ballard Memorial Post committed against Indian women, and to ensure that Office’’. Page S8454 perpetrators of violent crimes committed against In- Representative Curtis B. Inabinett, Sr. Post Of- dian women are held accountable for that criminal fice: Senate passed H.R. 6379, to designate the facil- behavior, with an amendment in the nature of a sub- ity of the United States Postal Service located at stitute. (S. Rept. No. 112–265) 6239 Savannah Highway in Ravenel, South Carolina, S. 2251, to designate the United States courthouse as the ‘‘Representative Curtis B. Inabinett, Sr. Post located at 709 West 9th Street, Juneau, Alaska, as Office’’. Page S8454 the Robert Boochever United States Courthouse. Postal Inspector Terry Asbury Post Office Build- S. 2326, to designate the new United States ing: Senate passed H.R. 6587, to designate the facil- courthouse in Buffalo, New York, as the ‘‘Robert H. ity of the United States Postal Service located at 225 Jackson United States Courthouse’’. Page S8451 Simi Village Drive in Simi Valley, California, as the Measures Passed: ‘‘Postal Inspector Terry Asbury Post Office Build- Harry T. and Harriette Moore Post Office: Com- ing’’. Page S8454 mittee on Homeland Security and Governmental Af- Kay Bailey Hutchison Spousal IRA: Committee fairs was discharged from further consideration of on Finance was discharged from further consideration H.R. 2338, to designate the facility of the United of S. 3667, to rename section 219(c) of the Internal States Postal Service located at 600 Florida Avenue Revenue Code of 1986 as the Kay Bailey Hutchison in Cocoa, Florida, as the ‘‘Harry T. and Harriette Spousal IRA, and the bill was then passed. Moore Post Office’’, and the bill was then passed. Page S8454 Page S8454 Measures Considered: Lance Corporal Victor A. Dew Post Office: Com- FISA Amendments Act Reauthorization Act— mittee on Homeland Security and Governmental Af- Agreement: Senate began consideration of H.R. fairs was discharged from further consideration of 5949, to extend the FISA Amendments Act of 2008 H.R. 3892, to designate the facility of the United for five years, taking action on the following amend- States Postal Service located at 8771 Auburn Folsom ments proposed thereto: Road in Roseville, California, as the ‘‘Lance Corporal Pages S8384–S8410, S8411–25, S8427–28 Victor A. Dew Post Office’’, and the bill was then Rejected: passed. Page S8454 By 38 yeas to 52 nays (Vote No. 232), Leahy Sidney ‘Sid’ Sanders McMath Post Office Build- Amendment No. 3437, in the nature of a substitute. ing: Senate passed H.R. 3869, to designate the facil- (Pursuant to the order of Friday, December 21, D1071

VerDate Mar 15 2010 05:19 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 5627 Sfmt 5627 E:\CR\FM\D27DE2.REC D27DEPT1 jbell on DSK7SPTVN1PROD with D1072 CONGRESSIONAL RECORD — DAILY DIGEST December 27, 2012 2012, the amendment having failed to achieve 60 af- requirement to notify Congress of the recipients of firmative votes, was not agreed to.) certain grants and to require publication of the no- Pages S8407–10, S8427 tice. Page S8431 By 37 yeas to 54 nays (Vote No. 233), Merkley/ Coburn/McCain Amendment No. 3371 (to Lee Amendment No. 3435, to require the Attorney Amendment No. 3395), to ensure that Federal dis- General to disclose each decision, order, or opinion aster assistance is available for the most severe disas- of a Foreign Intelligence Surveillance Court that in- ters. Page S8431 cludes significant legal interpretation of section 501 Coburn Amendment No. 3382 (to Amendment or 702 of the Foreign Intelligence Surveillance Act No. 3395), to require merit-based and competitive of 1978 unless such disclosure is not in the national awards of disaster recovery contracts. security interest of the United States. (Pursuant to Pages S8431–32, S8441 the order of Friday, December 21, 2012, the amend- Coburn Amendment No. 3383 (to Amendment ment having failed to achieve 60 affirmative votes, No. 3395), to strike a provision relating to certain was not agreed to.) Pages S8397–S8407, S8427–28 studies of the Corps of Engineers. By 12 yeas to 79 nays (Vote No. 234), Paul/Lee Pages S8432, S8441–42 Amendment No. 3436, to ensure adequate protec- Coburn/McCain Amendment No. 3368 (to tion of the rights under the Fourth Amendment to Amendment No. 3395), to clarify cost-sharing re- the Constitution of the United States. (Pursuant to quirements for certain Corps of Engineers activities. the order of Friday, December 21, 2012, the amend- Pages S8432–33 ment having failed to achieve 60 affirmative votes, Division I of Coburn/McCain Modified Amend- was not agreed to.) Pages S8407, S8428 ment No. 3370 (to Amendment No. 3395), to en- A unanimous-consent-time agreement was reached sure funding for victims of Hurricane Sandy is not providing that on Friday, December 28, 2012, there spent on tax cheats, deceased individuals, or fisheries be 30 minutes of debate, equally divided, on the outside of the affected area. Pages S8433–34 Wyden amendment, prior to a vote on or in relation Division II of Coburn/McCain Modified Amend- to the amendment; that there be no amendments in ment No. 3370 (to Amendment No. 3395), to en- order to the amendment prior to the vote; and that sure funding for victims of Hurricane Sandy is not upon disposition of the amendment, Senate vote on spent on tax cheats, deceased individuals, or fisheries passage of the bill, as amended, if amended; pro- outside of the affected area. Pages S8434, S8442 vided further, that there be a 60 affirmative vote threshold for the amendment, and for passage of the Merkley Further Modified Amendment No. 3367 (to Amendment No. 3395), to extend certain supple- bill. Pages S8417–18 A unanimous-consent agreement was reached pro- mental agricultural disaster assistance programs. viding for further consideration of the bill at ap- Page S8434 proximately 9:00 a.m., on Friday, December 28, Mikulski (for Leahy) Amendment No. 3403 (to Amendment No. 3395), to provide authority to 2012. Page S8454 transfer previously appropriated funds to increase se- Full-Year Continuing Appropriations Act— curity at United States embassies and other overseas Agreement: Senate resumed consideration of H.R. posts. Page S8442 1, making appropriations for the Department of De- Mikulski (for Harkin) Amendment No. 3426 (to fense and the other departments and agencies of the Amendment No. 3395), of a perfecting nature. Government for the fiscal year ending September 30, Pages S8442–45 2011, taking action on the following amendments A unanimous-consent-time agreement was reached proposed thereto: Pages S8425–27, S8429–45 providing that on Friday, December 28, 2012, when Pending: the Senate continues consideration of the bill, Senate Reid Amendment No. 3395, in the nature of a vote on or in relation to the amendments to the bill substitute. Page S8425 under the order of Friday, December 21, 2012; that Coats/Alexander Amendment No. 3391 (to all remaining time under the previous order with re- Amendment No. 3395), in the nature of a sub- spect to the amendments be yielded back; that there stitute. Pages S8425–27 be two minutes equally divided prior to each vote Cardin/Landrieu Amendment No. 3393 (to with the exception of the following: 4 minutes Amendment No. 3395), of a perfecting nature. equally divided prior to each of the votes on or in Page S8429 relation to the Coburn amendments and divisions; Tester Amendment No. 3350 (to Amendment 10 minutes equally divided prior to the votes on or No. 3395), to provide additional funds for wildland in relation to each of the Paul amendments; 8 min- fire management. Pages S8429–30 utes equally divided prior to the vote on or in rela- Landrieu Amendment No. 3415 (to Amendment tion to McCain Amendment No. 3355; and 10 min- No. 3395), to clarify the provision relating to emer- utes equally divided prior to the vote on or in rela- gency protective measures. Pages S8430–31 tion to the Lee amendment; and that all other provi- Coburn Amendment No. 3369 (to Amendment sions of the previous order remain in effect. No. 3395), to reduce the amount that triggers the Page S8445

VerDate Mar 15 2010 05:19 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 5627 Sfmt 5627 E:\CR\FM\D27DE2.REC D27DEPT1 jbell on DSK7SPTVN1PROD with December 27, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1073 A unanimous-consent agreement was reached pro- Record Votes: Three record votes were taken today. viding for further consideration of the bill upon dis- (Total—234) Pages S8427–28 position of H.R. 5949, to extend the FISA Amend- Adjournment: Senate convened at 10 a.m. and ad- ments Act of 2008 for five years. Page S8454 journed at 8:47 p.m., until 9 a.m. on Friday, De- Swearing-In of Senator Schatz: The Chair laid be- cember 28, 2012. (For Senate’s program, see the re- fore the Senate the certificate of appointment of Sen- marks of the Acting Majority Leader in today’s ator-designate Brian Schatz, of the State of Hawaii, Record on page S8454.) and the oath of office was then administered as re- quired by the U.S. Constitution and prescribed by law. Page S8411 Committee Meetings Additional Cosponsors: Page S8452 (Committees not listed did not meet) Additional Statements: Page S8451 Amendments Submitted: Pages S8452–54 No committee meetings were held. h House of Representatives Senate Message: Message received from the Senate Chamber Action by the Clerk and subsequently presented to the Public Bills and Resolutions Introduced: 10 pub- House today appears on page H7434. lic bills, H.R. 6706–6715 were introduced. Senate Referral: S. 3709 was referred to the Com- Pages H7435–36 mittee on Financial Services. Page H7434 Additional Cosponsors: Page H7436 Quorum Calls—Votes: There were no Yea and Nay Reports Filed: Reports were filed today as follows: votes, and there were no Recorded votes. There were Report on the Activity of the Committee on no quorum calls. Small Business, 112th Congress (H. Rept. 112–729); Adjournment: The House met at 2 p.m. and ad- Report on Legislative and Oversight Activities of journed at 2:09 p.m. the House Committee on Homeland Security for the 112th Congress (H. Rept. 112–730); Committee Meetings H.R. 3893, to amend the Small Business Act with No hearings were held. respect to subcontracting and insourcing, and for other purposes, with an amendment (H. Rept. Joint Meetings 112–731, Pt. 1); and No joint committee meetings were held. H.R. 4203, to amend the Small Business Act with respect to the procurement program for women- f owned small business concerns, and for other pur- COMMITTEE MEETINGS FOR FRIDAY, poses (H. Rept. 112–732). Page H7435 DECEMBER 28, 2012 Speaker: Read a letter from the Speaker wherein he (Committee meetings are open unless otherwise indicated) appointed Representative LaTourette to act as Speak- Senate er pro tempore for today. Page H7433 No meetings/hearings scheduled. Meeting Hour: Agreed that when the House ad- journs today, it adjourn to meet at 2 p.m. on Mon- House day, December 31st. Page H7434 No hearings are scheduled.

VerDate Mar 15 2010 05:19 Dec 28, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 5627 Sfmt 5627 E:\CR\FM\D27DE2.REC D27DEPT1 jbell on DSK7SPTVN1PROD with D1074 CONGRESSIONAL RECORD — DAILY DIGEST December 27, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, December 28 2 p.m., Sunday, December 30

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Sunday: To be announced. of H.R. 5949, FISA Amendments Act Reauthorization Act, with votes on or in relation to the Wyden amend- ment, and passage of the bill. Following disposition of H.R. 5949, Senate will con- tinue consideration of H.R. 1, Full-Year Continuing Ap- propriations Act, with a series of votes on amendments and on passage of the bill. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extension of Remarks, as inserted in this issue

HOUSE

Clarke, Hansen, Mich., E2005 Denham, Jeff, Calif., E2003, E2005 Gonzalez, Charles A., Tex., E2005 Levin, Sander M., Mich., E2003, E2005 McCarthy, Kevin, Calif., E2003 Manzullo, Donald A., Ill., E2004

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