[Congressional Record Volume 161, Number 77 (Tuesday, May 19, 2015)]
[Senate]
[Pages S3009-S3010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
USA FREEDOM ACT
Mr. REID. Mr. President, 2 years ago the American people first became
aware that the National Security Agency was collecting private
information about their phone calls. This is called the Snowden
revelation.
[[Page S3010]]
Under the banner of national security, the National Security Agency
was mining information about home phone calls and how long they lasted.
They found out whom they were calling--and not only that. They found
out whom the call was between. They also determined how long that call
lasted.
NSA essentially was conducting a dragnet, without first attempting to
determine whether that information was relevant to a national security
problem. NSA ran this program under the authorities granted to them by
section 215 of the PATRIOT Act, which expires on June 1 of this year.
The American people were outraged by these revelations and Congress
rightly acted.
Last year, the House passed a bill by a vote of 303 to 121 to end the
NSA's so-called bulk metadata collection program and reform and extend
the authority for this program.
I brought a similar bill to the floor authored by Senators Leahy and
Lee. There was a bipartisan group of Senators who joined them to call
for its passage. But sadly, the majority leader--at that time the
minority leader--stood in the way of bipartisan reform. Instead of
passing meaningful reform, he led a Republican filibuster of this bill.
That was one of a couple hundred that was led by my friend.
This year, Senators Leahy and Lee worked again with the Chairman and
ranking Member of the House Judiciary Committee on the USA FREEDOM Act,
which ends the National Security Agency's bulk collection program and
extends and reforms the authorities under section 215 of the PATRIOT
Act.
There have been bipartisan and bicameral calls for the Senate to take
up that legislation. Yet again, instead of committing to bringing up
this bipartisan bill, last month the senior Senator from Kentucky
introduced a bill that would extend the authorities for the National
Security Agency's bulk collection program for 5\1/2\ years. Then the
Second Circuit, almost simultaneously--within 24 hours of that decision
by the majority leader--found the bulk collection illegal.
In reaction to the court's decision, the House last week passed the
USA FREEDOM Act by a vote of 338 to 88. By a four-to-one margin, the
House voted to end the National Security Agency's illegal bulk data
collection program and reform its practices.
But even in the face of that court's decision, the majority leader
stood once again against bipartisan reform. Instead of heeding the
Republican-controlled House's calls for reform, the majority leader
introduced a bill that would extend the authorities for the National
Security Agency's illegal program for 2 more months.
Congressman Goodlatte, the chair of the Judiciary Committee in the
House, said they will not accept a short-term extension of the bill.
This morning, Leader McCarthy, the second ranking Republican in the
House, said they will not accept any extension. That is exactly what
the Speaker, Congressman Boehner, said.
If we squander this opportunity to deliver sound reforms to this
illegal program, we are handling our duties irresponsibly here in the
Senate.
To stand in the way of reforming these practices is to ignore the
voice of the American people. Just yesterday, a new poll commissioned
by the American Civil Liberties Union showed that 82 percent of
Americans are concerned that the Federal Government is collecting and
storing the personal information of Americans, and they do not like it.
If we are unable to reform these practices, we are ignoring the
ruling of the Second Circuit, which rejected the National Security
Agency's bulk collection program, and we are not allowing the American
people's voice to be heard.
I think, most importantly, if the senior Senator from Kentucky does
not allow this commonsense reform simply with a vote on the Senate
floor about what happened in the House, they are ignoring the rare
bipartisan support that we have.
Just last week, 190 House Republicans voted to end the National
Security Agency's illegal program. There is bipartisan consensus in
favor of ending this program. Many of the Republican leader's own
colleagues have called for it as well.
Last week, Attorney General Loretta Lynch and James Clapper, Director
of National Intelligence, wrote a letter to Senator Leahy, the ranking
member of the Judiciary Committee. Both the Attorney General and the
Director of National Intelligence voiced their support for the USA
FREEDOM Act, saying:
Overall, the significant reforms contained in this
legislation will provide the public greater confidence in how
our intelligence activities are carried out and in the
oversight of those activities, while ensuring vital national
security authorities remain in place.
I agree with that statement. But sadly, the majority leader continues
to stand in the way of bipartisan reform to end these illegal
practices. As we face the June 1 expiration of these authorities, the
majority leader still offers no viable alternative.
We cannot allow this program to be extended. The majority leader
should listen to the American people because we cannot extend an
illegal act. That is what the majority leader is asking us to do.
The majority leader should listen to the American people, consider
the action of his Republican colleagues, and respect the expertise of
the intelligence community.
The Senate should act now on the USA FREEDOM Act before it leaves for
the Memorial Day recess and restore the confidence of the American
people.
____________________