Congressional Record, Volume 157 Issue 73 (Wednesday, May 25, 2011)

[Congressional Record Volume 157, Number 73 (Wednesday, May 25, 2011)]
[Senate]
[Pages S3361-S3364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NOTICES OF INTENT TO SUSPEND THE RULES

Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 363 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 364 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 365 on the House message to S. 990.
Mr. PAUL. Mr President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 366 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 367 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 368 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 369 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordancewith rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 370 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 371 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness
requirements, for the purpose of proposing and considering amendment
No. 372 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 373 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 374 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 375 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 376 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 377 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 378 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 379 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 380 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII, including germaneness and
timeliness requirements, for the purpose of proposing and considering
amendment No. 381 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move

[[Page S3362]]

to suspend rule XXII, including germaneness and timeliness
requirements, for the purpose of proposing and considering amendment
No. 382 on the House message to S. 990.
Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the
purpose of moving to proceed to S.J. Res. 15, as follows:

S.J. Res. 15

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That--
(1) a state of war between the United States and the
Government of Libya is hereby formally declared; and
(2) the President is hereby authorized and directed--
(A) to employ the entire naval and military forces of the
United States and the resources of the United States
Government to carry on war against the Government of Libya;
and
(B) to issue to private armed vessels of the United States
commissions or letters of marque and general reprisal, in
such form as the President shall think proper, and under the
seal of the United States, against the vessels, goods, and
effects of the Government of Libya.

Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the
purpose of moving to proceed to S.J. Res. 16, as follows:

S.J. Res. 16

Whereas Article I, Section 8 of the Constitution of the
United States reserves for Congress the right to declare war;
Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.)
states that it is intended to ``fulfill the intent of the
framers of the Constitution of the United States'' in
requiring the President to seek the consent of Congress
before the introduction of the United States Armed Forces
into hostile action;
Whereas the President must seek authorization from Congress
prior to engaging the United States Armed Forces in an armed
conflict absent an imminent threat to national security;
Whereas President Barack Obama, without seeking a formal
authorization from Congress, ordered the execution of a
sustained military engagement through the enforcement of a
no-fly zone in Libya on March 19, 2011;
Whereas Congress did not consider or pass a formal
authorization for the President to initiate military
operations in Libya;
Whereas the War Powers Resolution establishes that the
President must notify Congress of the introduction of the
United States Armed Forces within 48 hours after commencing
such action;
Whereas President Obama acknowledged his obligation to
submit a notification of his actions in Libya under the War
Powers Resolution through a letter delivered on March 21,
2011, to Speaker of the House John Boehner and President Pro
Tempore of the Senate Daniel Inouye;
Whereas section 8(a) the War Powers Resolution (50 U.S.C.
1547(a)) establishes that the President may not construe
authorization from any other act or treaty unless such act or
treaty is ``implemented by legislation specifically
authorizing the introduction of the United States Armed
Forces into hostilities'';
Whereas President Obama contends that hostile engagement by
the military forces of the United States against the
Government of Libya was part of a multilateral response
authorized by United Nations Security Council Resolution 1973
(2011) and in consultation with the Arab League;
Whereas section 2(c) of the War Powers Resolution (50
U.S.C. 1541(c)) provides that no attempt by the President to
introduce the United States Armed Forces into hostile action
may be made under the War Powers Resolution unless there is
``(1) a declaration of war, (2) a specific authorization, or
(3) a national emergency created by attack upon the United
States, its territories or possessions, or its armed
forces'';
Whereas the Government of Libya, immediately prior to the
introduction of the United States Armed Forces into the
conflict on March 19, 2011, had not attacked the United
States nor declared any intent to do so;
Whereas President Obama had stated the purpose of enforcing
a no-fly zone over Libya was to ``take all necessary measures
to protect civilians and civilian populated areas under
threat of attack in Libya'' and not in response to any direct
or immediate threat to the United States;
Whereas section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)) further establishes that, in absence of
authorization from Congress, the President may not engage the
United States Armed Forces in an armed conflict for a period
longer than ``sixty calendar days'';
Whereas members of the United States Armed Forces have
remained engaged in operations in Libya since March 19, 2011;
Whereas, on May 20, 2011, the limit of sixty calendar days
placed on the President's ability to continue engagement of
the military forces of the United States against the
Government of Libya will have been exhausted under the terms
of the War Powers Resolution;
Whereas Section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)) requires that ``within sixty calendar days .
. . the President shall terminate any use of United States
Armed Forces . . . unless the Congress (1) has declared war
or has enacted a specific authorization for such use of the
United States Armed Forces, (2) has extended by law such
sixty-day period, or (3) is physically unable to meet as a
result of an armed attack upon the United States'';
Whereas President Obama reiterated on May 20, 2011, that
the military forces of the United States remain engaged in
hostilities, including ``suppression and destruction of air
defenses'' and ``precision strikes by unmanned aerial
vehicles'';
Whereas Congress has not considered or passed a formal
authorization for the President to continue military
operations in Libya; and
Whereas President Obama has not indicated any intent to
cease operations in Libya after the sixty-day limit
established by the War Powers Resolution: Now, therefore, be
it:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That
Congress--
(1) declares that, as it pertains to the continuing armed
engagement of the United States Armed Forces against the
Government of Libya, the President has exceeded the statutory
time limits placed on him by the War Powers Resolution and is
therefore in violation of the law; and
(2) calls on the President to--
(A) seek a formal authorization from Congress to continue
the mission in Libya; or
(B) cease armed engagement against the Government of Libya
until such time as further action is authorized by Congress.

S. 1070

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fourth Amendment Restoration
Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The Fourth Amendment of the United States Constitution
states ``The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.''.
(2) Prior to the American Revolution, American colonists
objected to the issuance of writs of assistance, which were
general warrants that did not specify either the place or
goods to be searched.
(3) Writs of assistance played an important role in the
events that led to the American Revolution.
(4) The Fourth Amendment of the United States Constitution
was intended to protect against the issuance of general
warrants, and to guarantee that only judges, not soldiers or
police officers, are able to issue warrants.
(5) Various provisions of the USA PATRIOT Act (Public Law
107-56; 115 Stat. 272) expressly violate the original intent
of the Fourth Amendment of the United States Constitution.

SEC. 3. LIMITATIONS ON ROVING WIRETAPS.

Section 105(c) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A)(i) the identity of the target of the electronic
surveillance, if known; or
``(ii) if the identity of the target is not known, a
description of the specific target and the nature and
location of the facilities and places at which the electronic
surveillance will be directed;
``(B)(i) the nature and location of each of the facilities
or places at which the electronic surveillance will be
directed, if known; or
``(ii) if any of the facilities or places are not known,
the identity of the target;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) in cases where the facility or place at which the
electronic surveillance will be directed is not known at the
time the order is issued, that the electronic surveillance be
conducted only for such time as it is reasonable to presume
that the target of the surveillance is or was reasonably
proximate to the particular facility or place;''.

SEC. 4. SUNSETS ON ROVING WIRETAP AUTHORITY AND ACCESS TO
BUSINESS RECORDS.

Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005

[[Page S3363]]

(Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861
note, and 50 U.S.C. 1862 note) is amended to read as follows:
``(1) In general.--
``(A) Section 206.--Effective December 31, 2013, the
Foreign Intelligence Surveillance Act of 1978 is amended so
that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such
section read on October 25, 2001.
``(B) Section 215.--Effective February 28, 2011, the
Foreign Intelligence Surveillance Act of 1978 is amended so
that sections 501 and 502 (50 U.S.C. 1861 and 1862) read as
such sections read on October 25, 2001.''.

SEC. 5. MINIMIZATION PROCEDURES.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish
minimization and destruction procedures governing the
acquisition, retention, and dissemination by the Federal
Bureau of Investigation of any records received by the
Federal Bureau of Investigation--
(1) in response to a National Security Letter issued under
section 2709 of title 18, United States Code, section 626 or
627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and
1681v), section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414), or section 802(a) of the National
Security Act of 1947 (50 U.S.C. 436(a)); or
(2) pursuant to title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Minimization and Destruction Procedures Defined.--In
this section, the term ``minimization and destruction
procedures'' means--
(1) specific procedures that are reasonably designed in
light of the purpose and technique of a National Security
Letter or a request for tangible things for an investigation
to obtain foreign intelligence information, as appropriate,
to minimize the acquisition and retention, and prohibit the
dissemination, of nonpublicly available information
concerning unconsenting United States persons consistent with
the need of the United States to obtain, produce, and
disseminate foreign intelligence information, including
procedures to ensure that information obtained that is
outside the scope of such National Security Letter or
request, is returned or destroyed;
(2) procedures that require that nonpublicly available
information, which is not foreign intelligence information
(as defined in section 101(e)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be
disseminated in a manner that identifies any United States
person, without the consent of the United States person,
unless the identity of the United States person is necessary
to understand foreign intelligence information or assess its
importance; and
(3) notwithstanding paragraphs (1) and (2), procedures that
allow for the retention and dissemination of information that
is evidence of a crime which has been, is being, or is about
to be committed and that is to be retained or disseminated
for law enforcement purposes.

SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

Section 3511 of title 18, United States Code, is amended by
adding at the end the following:
``(f) National Security Letters.--An officer or employee of
the United States may not issue a National Security Letter
under section 270 of title 18, United States Code, section
626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u
and 1681v), section 1114 of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414), or section 802(a) of the
National Security Act of 1947 (50 U.S.C. 436(a)) unless--
``(1) the National Security Letter is submitted to a judge
of the court established under section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
``(2) such judge issues an order finding that a warrant
could be issued under rule 41 of the Federal Rules of
Criminal Procedure to search for and seize the information
sought to be obtained in the National Security Letter.''.

SEC. 7. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

Section 5318(g) of title 31, United States Code, is
amended--
(1) in paragraph (1), by inserting before the period at the
end ``, subject to judicial review under paragraph (5)''; and
(2) by adding at the end the following:
``(5) Judicial review.--The Secretary may not, under this
section or the rules issued under this section, or under any
other provision of law, require any financial institution,
director, officer, employee, or agent of any financial
institution, or any other entity that is otherwise subject to
regulation or oversight by the Secretary or pursuant to the
securities laws (as that term is defined under section 3 of
the Securities Exchange Act of 1934) to report any
transaction under this section or its equivalent under such
provision of law, unless the appropriate district court of
the United States issues an order finding that a warrant
could be issued under rule 41 of the Federal Rules of
Criminal Procedure for the information sought to be obtained
by the Secretary.''.

S. 1071

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SUSPICIOUS ACTIVITY REPORTS.

Section 5318(g)(1) of title 31, United States Code, is
amended by inserting before the period at the end the
following: ``, but only upon request of an appropriate law
enforcement agency to such institution or person for such
report''.

S. 1072

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SUSPICIOUS ACTIVITY REPORTS.

Section 5318(g) of title 31, United States Code, is
amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, except as provided in paragraph (5)'';
and
(2) by adding at the end the following:
``(5) Exemption.--
``(A) In general.--A failure to submit a report with
respect to a suspicious transaction shall not be a violation
of this subsection with respect to a financial institution or
any person described in paragraph (1), in any case in which
such financial institution or person--
``(i) has in effect an established decision-making process
with respect to suspicious transactions;
``(ii) has made a good faith effort to follow existing
policies, procedures, and processes with respect to
suspicious transactions; and
``(iii) has determined not to file a report with respect to
a particular transaction.
``(B) Exception.--The exemption provided under subparagraph
(A) does not apply in any case in which the failure to submit
a suspicious transaction report is accompanied by evidence of
bad faith on the part of the financial institution or other
person described in paragraph (1).''.

S. 1073

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. MINIMIZATION PROCEDURES.

Mr. PAUL. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in

[[Page S3364]]

writing that it is my intention to move to suspend Rule XIV, paragraphs
3 and 4 for the purpose of moving to proceed to S. 1074, as follows:

S. 1074

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF
2005.

Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C.
1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is
amended to read as follows:
``(1) In general.--
``(A) Section 206.--Effective June 1, 2015, the Foreign
Intelligence Surveillance Act of 1978 is amended so that
section 105(c)(2) (50 U.S.C. 1805(c)(2)) reads as such
section read on October 25, 2001.
``(B) Section 215.--Effective May 27, 2011, the Foreign
Intelligence Surveillance Act of 1978 is amended so that
sections 501, 502, and 503 (50 U.S.C. 1861 and 1862) read as
such sections read on October 25, 2001.''.

S. 1075

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

S. 1076

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. ROVING WIRETAPS AND FISA SUNSETS.

(a) Limitation on Roving Wiretaps.--Section 105(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(c)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A)(i) the identity of the target of the electronic
surveillance, if known; or
``(ii) if the identity of the target is not known, a
description of the specific target and the nature and
location of the facilities and places at which the electronic
surveillance will be directed;
``(B)(i) the nature and location of each of the facilities
or places at which the electronic surveillance will be
directed, if known; or
``(ii) if any of the facilities or places are not known,
the identity of the target;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) in cases where the facility or place at which the
electronic surveillance will be directed is not known at the
time the order is issued, that the electronic surveillance be
conducted only for such time as it is reasonable to presume
that the target of the surveillance is or was reasonably
proximate to the particular facility or place;''.
(b) Sunsets on Roving Wiretap Authority.--Section 102(b)(1)
of the USA PATRIOT Improvement and Reauthorization Act of
2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861
note, and 50 U.S.C. 1862 note) is amended to read as follows:
``(1) In general.--
``(A) Section 206.--Effective December 31, 2013, the
Foreign Intelligence Surveillance Act of 1978 is amended so
that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such
section read on October 25, 2001.
``(B) Section 215.--Effective May 27, 2011, the Foreign
Intelligence Surveillance Act of 1978 is amended so that
sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such
sections read on October 25, 2001.''.

S. 1077

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

____________________