[Congressional Record Volume 161, Number 85 (Sunday, May 31, 2015)]
[Senate]
[Pages S3340-S3341]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        USA FREEDOM ACT OF 2015

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2048) to reform the authorities of the Federal 
     Government to require the production of certain business 
     records, conduct electronic surveillance, use pen registers 
     and trap and trace devices, and use other forms of 
     information gathering for foreign intelligence, 
     counterterrorism, and criminal purposes, and for other 
     purposes.


                           Amendment No. 1449

       (Purpose: In the nature of a substitute)

  Mr. McCONNELL. Madam President, I have a substitute amendment at the 
desk that I ask the clerk to report.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 1449.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. McCONNELL. I ask for the yeas and nays on my amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 1450 to Amendment No. 1449

  Mr. McConnell. Madam President, I have an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 1450 to amendment No. 1449.

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike Sec. 110(a) and insert the following:
       (a) In General.--The amendments made by sections 101 
     through 103 shall take effect on the date that is 12 months 
     after the date of the enactment of this Act.

  Mr. McCONNELL. I ask for the yeas and nays on my amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 1451 to Amendment No. 1450

  Mr. McCONNELL. I have a second-degree amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 1451 to amendment No. 1450.

  The amendment is as follows:

                  (Purpose: To improve the amendment)

       At the end, add the following:
       (b) Noneffect of Certain Provisions.--Section 401 of this 
     Act, relating to appointment of amicus curiae, shall have no 
     force or effect.

     SEC. 110A. APPOINTMENT OF AMICUS CURIAE.

       Section 103 (50 U.S.C. 1803) is amended by adding at the 
     end the following new subsections:
       ``(i) Amicus Curiae.--
       ``(1) Authorization.--A court established under subsection 
     (a) or (b) is authorized, consistent with the requirement of 
     subsection (c) and any other statutory requirement that the 
     court act expeditiously or within a stated time--
       ``(A) to appoint amicus curiae to--
       ``(i) assist the court in the consideration of any 
     application for an order or review that, in the opinion of 
     the court, presents a novel or significant interpretation of 
     the law; or
       ``(ii) provide technical expertise in any instance the 
     court considers appropriate; or
       ``(B) upon motion, to permit an individual or organization 
     leave to file an amicus curiae brief.
       ``(2) Designation.--The courts established by subsection 
     (a) and (b) shall each designate 1 or more individuals who 
     may be appointed to serve as amicus curiae and who are 
     determined to be eligible for access to classified national 
     security information necessary to participate in matters 
     before such courts (if such access is necessary for 
     participation in the matters for which they may be 
     appointed). In appointing an amicus curiae pursuant to 
     paragraph (1), the court may choose from among those so 
     designated.
       ``(3) Expertise.--An individual appointed as an amicus 
     curiae under paragraph (1) may be an individual who possesses 
     expertise on privacy and civil liberties, intelligence 
     collection, communications technology, or any other area that 
     may lend legal or technical expertise to the court.
       ``(4) Duties.--An amicus curiae appointed under paragraph 
     (1) to assist with the consideration of a covered matter 
     shall carry out the duties assigned by the appointing court. 
     That court may authorize the amicus curiae to review any 
     application, certification, petition, motion, or other 
     submission that the court determines is relevant to the 
     duties assigned by the court.
       ``(5) Notification.--A court established under subsection 
     (a) or (b) shall notify the Attorney General of each exercise 
     of the authority to appoint an amicus curiae under paragraph 
     (1).
       ``(6) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a non-
     reimbursable basis) the assistance of the executive branch in 
     the implementation of this subsection.
       ``(7) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, or other support of an amicus curiae 
     appointed under paragraph (1) in a manner that is not 
     inconsistent with this subsection.
       ``(j) Review of FISA Court Decisions.--Following issuance 
     of an order under this Act, a court established under 
     subsection (a) shall certify for review to the court 
     established under subsection (b) any question of law that may 
     affect resolution of the matter in controversy that the court 
     determines warrants such review because of a need for 
     uniformity or because consideration by the court established 
     under subsection (b) would serve the interests of justice. 
     Upon certification of a question of law under this 
     subsection, the court established under subsection (b) may 
     give binding instructions or require the entire record to be 
     sent up for decision of the entire matter in controversy.
       ``(k) Review of FISA Court of Review Decisions.--
       ``(1) Certification.--For purposes of section 1254(2) of 
     title 28, United States Code, the court of review established 
     under subsection (b) shall be considered to be a court of 
     appeals.
       ``(2) Amicus curiae briefing.--Upon certification of an 
     application under paragraph (1), the Supreme Court of the 
     United States may appoint an amicus curiae designated under 
     subsection (i)(3), or any other person, to provide briefing 
     or other assistance.''.


                           Amendment No. 1452

  Mr. McCONNELL. I have an amendment to the text proposed to be 
stricken.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnellL] proposes an 
     amendment numbered 1452 to the language proposed to be 
     stricken by amendment No. 1449.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. McCONNELL. I ask for the yeas and nays on my amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 1453 to Amendment No. 1452

  Mr. McCONNELL. I have a second-degree amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 1453 to amendment No. 1452.

  The amendment is as follows:

       At the end of the amendment, add the following:
       ``This Act shall take effect 1 day after the date of 
     enactment.''


                             Cloture Motion

  Mr. McCONNELL. Madam President, I have a cloture motion at the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the

[[Page S3341]]

     Standing Rules of the Senate, do hereby move to bring to a 
     close debate on H.R. 2048, an act to reform the authorities 
     of the Federal Government to require the production of 
     certain business records, conduct electronic surveillance, 
     use pen registers and trap and trace devices, and use other 
     forms of information gathering for foreign intelligence, 
     counterterrorism, and criminal purposes, and for other 
     purposes.
         Mitch McConnell, John Cornyn, Ron Johnson, Dean Heller, 
           Steve Daines, Cory Gardner, Johnny Isakson, Richard 
           Burr, Tim Scott, James Lankford, Jeff Flake, Mike Lee, 
           Lisa Murkowski, John Barrasso, Thom Tillis, Chuck 
           Grassley, Richard C. Shelby.

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