[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[Senate]
[Pages S6587-S6588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 3475

  Mr. COONS. Mr. President, I thank my colleagues, Senator Wyden and 
Senator Daines. They have worked tirelessly to address this pressing 
issue of the pending change to privacy protections contained in a 
proposed change to the Federal Rules of Criminal Procedure.
  As you have heard, if Congress fails to act today and thoroughly 
consider and debate these rule changes, they will go into effect at 
midnight tonight. They will take effect tomorrow, December 1. I believe 
it is essential that these rules strike a careful balance, giving law 
enforcement the tools they need to investigate cyber attacks and cyber 
crimes to keep us safe while also protecting Americans' constitutional 
rights to freedom from unreasonable searchs, our right to privacy.
  Neither the Senate nor House has held a single hearing or markup to 
evaluate these changes to the Federal Rules of Criminal Procedure. The 
body of government closest to the people has utterly failed to weigh in 
on an issue that can immediately and directly impact our constituents--
our citizens. While the proposed changes are not necessarily bad or 
good, they are serious and present significant privacy concerns that 
warrant careful consideration and debate.
  All Americans should want criminal investigations to proceed quickly 
and thoroughly, but, as I have said, I am concerned that these changes 
would remove important judicial safeguards by having one judge decide 
on a search that would give our government the ability to search and 
possibly alter thousands of computers owned by innocent and unknowing 
American citizens all over our country.
  Members of Congress should have an opportunity to consider this 
information seriously. We should carefully evaluate the merits of these 
proposed changes and their ramifications. I think it is our duty to 
have a frank and open discussion so we can think about the unintended 
consequences and protect our constituents' rights. Two weeks ago, I 
introduced legislation that would give Congress the time to have that 
conversation. The Review the Rule Act, or S. 3475, would delay the 
changes to rule 41 until July 1, 2017. That bill is cosponsored by 
Senators Wyden, Leahy, Baldwin, and Franken, as well as Republican 
Senators Daines, Lee, and Paul. That list of Senators from every part 
of our ideological spectrum is just a reminder that this is not a 
partisan issue. This is a bipartisan group of Senators raising 
questions and challenges to a proposal by the Obama administration's 
Justice Department.
  I think it is important to remind anyone watching or listening that 
we want to ensure that the American people are kept safe from hackers 
and online criminal activity. We want law enforcement to have the tools 
to investigate and address potential threats, but we shouldn't have to 
sacrifice our rights to privacy and protection from unreasonable 
searches and seizures just to achieve that protection.
  I encourage my colleagues to join me in supporting this legislation 
and

[[Page S6588]]

working together to evaluate these changes to the Federal Rules of 
Criminal Procedure.
  Mr. President, I ask unanimous consent that the Judiciary Committee 
be discharged from further consideration of S. 3475 and that the Senate 
proceed to its immediate consideration. I further ask that the bill be 
read a third time and passed and the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The majority whip.
  Mr. CORNYN. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. CORNYN. Mr. President, I understand that the Senator from Montana 
will not be offering a unanimous consent request, so if it is all right 
with my colleagues, I wish to explain why I have objected.
  Excuse me. I will yield back to the Senator from Oregon.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, I will still be offering a third proposal, 
so I ask my colleague if he wishes to speak now or after the third 
request.
  Mr. CORNYN. Mr. President, I appreciate the courtesy of my friend and 
colleague from Washington--excuse me, Oregon, but I will reserve my 
remarks until after he makes the next UC request.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, when the Oregon Ducks go to the NCAA title 
game in basketball, I will invite my friend to sit with me and he will 
see Oregon in action.

                          ____________________