[Congressional Record Volume 161, Number 62 (Tuesday, April 28, 2015)]
[Senate]
[Pages S2476-S2480]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEE (for himself, Mr. Leahy, Mr. Heller, Mr. Durbin, Mr.
Cruz, Mr. Franken, Ms. Murkowski, Mr. Blumenthal, Mr. Daines,
and Mr. Schumer):
S. 1123. A bill 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; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, almost 2 years ago, Vermonters and the
American people learned for the first time the shocking details of the
National Security Agency's dragnet collection program. Relying on a
deeply flawed interpretation of section 215 of the USA PATRIOT Act, the
NSA has been indiscriminately sweeping up Americans' private telephone
records for years.
It is long past time to end this bulk collection program. Americans
have made clear that they will not tolerate such intrusion into their
private lives. The President has called for an end to bulk collection
under section 215. The Director of National Intelligence and the
Attorney General supported legislation last year that would have shut
this program down. National security experts have testified that the
program is not necessary, and the American technology industry has
called for meaningful reform of this program because it has lost
billions to competitors in the international marketplace due to a
decline in the public's trust.
Yet in the face of this overwhelming consensus, Congress has failed
to act. Last year, when we had an opportunity to pass my bipartisan
legislation to end this program and reform other surveillance
authorities, some Members of this body chose to play political games
rather than engage in constructive debate.
The time for posturing and theatrics is over. It is time for Congress
to answer to the American people.
Today, I--along with Senator Mike Lee--introduce the USA FREEDOM Act
of 2015. This bipartisan bill is also being introduced in the House
today by Congressman Jim Sensenbrenner, House Judiciary Committee
chairman Bob Goodlatte, ranking member John Conyers, and a large
bipartisan group of House Judiciary Committee members.
If enacted, our bill will be the most significant reform to
government surveillance authorities since the USA PATRIOT Act was
passed nearly 14 years ago. Most importantly, our bill will
definitively end the NSA's bulk collection program under section 215.
It also guarantees unprecedented transparency about government
surveillance programs, allows the FISA Court to appoint an amicus to
assist it in significant cases, and brings the national security letter
statutes in line with the First Amendment.
The bipartisan, bicameral bill we introduce today is the product of
intense and careful negotiations. It enacts strong, meaningful reforms
while ensuring that the intelligence community has the tools it needs
to keep this country safe.
Some will say that this bill does not go far enough. I agree. But in
order to secure broader support for reform legislation that can pass
both the House and Senate and be signed into law, changes had to be
made to the bill that I introduced last year. This new bill
[[Page S2480]]
does not contain all the reforms that I want. It contains some
provisions I believe are unnecessary but that were added to secure
support from the House Intelligence Committee. But we should pass it
and continue fighting for more reform.
I have been in the Senate for more than 40 years--and I have learned
that when there is a chance to make real progress, we have to seize it.
This is not my first fight and certainly will not be my last. I have a
responsibility to Vermonters and the American people to do everything I
can to end the dragnet collection of their phone records under section
215. And I know for a fact that the upcoming June 1 sunset of section
215 is our best opportunity for real reform. We cannot squander it.
Last year, a broad and bipartisan coalition worked together to craft
reasonable and responsible legislation. Critics resorted to scare
tactics. They would not even agree to debate the bill. I hope that we
do not see a repeat of that ill-fated strategy again this year. The
American people have had enough of delay and brinksmanship. Congress
now has an opportunity to show leadership and govern responsibly.
The intelligence community is deeply concerned about the possibility
of a legislative standoff that could result in the expiration of
section 215 altogether. The USA FREEDOM Act is a path forward that has
the support of the administration, privacy groups, the technology
industry--and most importantly, the American people. I urge
congressional leaders to take up and swiftly pass the USA FREEDOM Act
of 2015--because I will not vote for reauthorization of section 215
without meaningful reform.
____________________