[Congressional Record Volume 170, Number 69 (Friday, April 19, 2024)]
[Senate]
[Pages S2921-S2928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REFORMING INTELLIGENCE AND SECURING AMERICA ACT
The PRESIDING OFFICER (Mr. King). The clerk will report the bill by
title.
The legislative clerk read as follows:
A bill (H.R. 7888) to reform the Foreign Intelligence
Surveillance Act of 1978.
The PRESIDING OFFICER. The majority leader.
Order of Business
Mr. SCHUMER. Mr. President, I ask unanimous consent that the only
amendments in order to H.R. 7888 be the following: Paul No. 1829;
Marshall No. 1834; Wyden No. 1820; Paul No. 1828; Durbin No. 1841, as
modified; Lee No. 1840; further, that upon disposition of the
amendments, the bill, as amended, if amended, be considered read a
third time and the Senate vote on passage, with 60 affirmative votes
required for adoption of the Paul amendments and on passage, as
amended, if amended, with 2 minutes for debate, equally divided, prior
to each vote, with Senator Paul permitted to speak for up to 10 minutes
prior to the vote on amendment No. 1829, all without further
intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Hearing none, without objection, it is so ordered.
Mr. SCHUMER. Mr. President, we have good news for America's national
security. Senators have reached an agreement that clears the way to
approve the FISA reauthorization tonight.
For the information of my colleagues, we will have up to seven
rollcall votes. First, we will vote on the six amendments and then
final passage.
All day long, we persisted and persisted and persisted in the hopes
of reaching a breakthrough, and I am glad we got it done. There was a
great deal of doubt that we could get this done, but now we are on a
glidepath to passing this bill.
Allowing FISA to expire would have been dangerous. It is an important
part of our national security toolkit, and it helps law enforcement
stop terrorist attacks, drug trafficking, and violent extremism. This
legislation has been carefully tailored, and I am ready to work with
colleagues on both sides of the aisle to keep strengthening protections
for American citizens.
I thank all of my colleagues on both sides of the aisle for their
good work.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kentucky.
Amendment No. 1829
Mr. PAUL. Mr. President, the title of this amendment is the ``Fourth
Amendment Is Not For Sale.''
The Fourth Amendment is no mere limitation of government power. The
Fourth Amendment is fundamental to the concept of American liberty. The
Fourth Amendment was a response to the British writs of assistance,
which served as general warrants and permitted almost limitless
searches of homes and ships of colonies. In 1761, an attorney named
James Otis forcefully attacked the writs of assistance, and John Adams
described that he was so inspired by Otis and the arguments that, then
and there, the ``child of Independence'' was born.
The Fourth Amendment prohibits these kinds of general warrants. For a
search to be reasonable, the Fourth Amendment dictates that the
government must identify the individual, the items, and the location to
be searched, but, today, all it takes to eviscerate the Fourth
Amendment is some cash. The Electronic Communications Privacy Act
already requires the government to seek a court order before compelling
service providers to disclose contents and records, but this law does
not restrict providers from voluntarily selling that information to
nongovernmental third parties.
Due to this loophole in the law, American Government has effectively
resurrected the idea of general warrants that the Founding Fathers were
so appalled by. Thankfully, the House of Representatives voted to close
that loophole. The House voted overwhelmingly this week for the Fourth
Amendment Is Not For Sale Act.
I am so glad that the Fourth Amendment Is Not for Sale Act is
popular; that Senator Schumer has been a cosponsor of this. I hope he
will vote with us tonight.
But if he chooses not to vote with us tonight, the bill has passed
the House. All he would need to do is bring it up in the next few
weeks, and we could actually put it on the books.
Leaders of both parties from across the political spectrum have come
together to say you shouldn't be able to buy your way around the Fourth
Amendment. The Senate must not prove itself to be less concerned about
the Fourth Amendment. I hope that we will take this up.
The data you transmit can reveal much about your life, such as where
you work, where you drop off your child for daycare, whether you visit
a gun range, who you associate with, your health data. Some of these
applications sell that data to third-party brokers who then sell it to
the government.
It may be concerning that some of your information is traded away,
but we should insist that the Fourth Amendment should be respected so
that individuals are not tracked and investigated without a warrant.
When law enforcement suspects you of a crime, the supreme law of the
land is clear: Officers must demonstrate to a neutral judge in an open
court that probable cause of a crime exists. In fact, if you want to
find the people in our country who respect the Fourth Amendment, meet
with any local police officer, any local sheriff. They know they don't
come into your house. What has happened is the politicized aspects of
our intel Agencies don't have the same respect for the Fourth Amendment
that local law enforcement does.
According to Professor Matthew Tokson, a professor at the University
of Utah, after the Supreme Court prohibited warrantless collection of
cell phone location data in Carpenter v. United States, the government
Agencies just began buying that information anyway. They were told not
to by the Supreme Court. So they just went and purchased it and
eviscerated a Supreme Court decision. This is something we should not
tolerate.
A recent report by the inspector general of the Department of
Homeland Security demonstrated that several DHS Agencies, including the
Secret Service, bought Americans' phone location data without a court
order. The IRS purchases location data without a court order. The FBI
purchases your location data without an order--to just name a few. The
NSA, the Defense Intelligence Agency--all have bought Americans'
location data without a court order.
The embrace of this tactic proves that the feds will zealously
exploit any loophole and test the limits of their authorities, to the
detriment of our constitutionally protected liberties.
It is time to end the use of cash to purchase general warrants that
the Fourth Amendment should have abolished over two centuries ago.
Let's ensure that the Fourth Amendment is truly not for sale.
I ask for a ``yes'' vote.
Mr. President, I call up my amendment No. 1829 and ask that it be
reported by number.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 1829.
(The amendment is printed in the Record of April 18, 2024, under
``Text of Amendments.'')
The PRESIDING OFFICER. There will now be 2 minutes to debate equally
divided on the Paul amendment No. 1829.
Ms. WARREN. Mr. President, I rise in opposition to the amendment.
Before I get to the substance, let me remind my colleague, I think, of
something we have discussed a lot.
Any amendment added to this bill at the moment is the equivalent of
killing the bill. Many have said: If we go past midnight tonight, it
doesn't really matter.
Already, telecom companies--a number--have contacted the Department
of Justice saying: If this bill expires--as it will at midnight--they
will stop complying with 702, one of the most critical components of
our intelligence backbone.
The specifics of this amendment are opposed by every law enforcement
agency in America. It also is opposed by a number of Jewish community
groups, including B'nai B'rith and the Anti-defamation League.
[[Page S2922]]
I would agree with the Senator from Kentucky: We ought to have a
debate about data brokers. But 702 is not the place to have it. As a
matter of fact, the House decided not to include this in their
discussion of 702.
If we pass this amendment, the only people who are going to be taken
out from purchasing data will be law enforcement--not foreign
companies, not foreign governments, or others.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from Kentucky.
Mr. PAUL. The idea that we don't have time is a specious one. The
only reason we wouldn't have time is because the supporters of this
bill delayed to the last hour. We have 5 years to renew this. We
delayed it until we have 4 hours left, and then we are told we can't
amend it because we don't have enough time. That is a false argument.
The House is still here. They are going to be voting tomorrow. We
should pass the good amendments today, send them to the House tomorrow.
This is an argument that has been forced upon us by the supporters of
FISA who want no debate, and they want no restrictions. They want no
warrants, and they want nothing to protect the Americans. They want to
allow whatever goes, whatever happens to happen, and to hell with the
American individual citizen and the Bill of Rights.
I say: Don't listen to the people who don't want amendments and don't
want debate, and let's pass this amendment.
Vote on Amendment No. 1829
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mr. PAUL. I ask for the yeas and nays.
The PRESIDING OFFICER. The yeas and nays have been requested.
Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Tennessee (Mr. Hagerty), the Senator from
Missouri (Mr. Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 31, nays 61, as follows:
[Rollcall Vote No. 144 Leg.]
YEAS--31
Baldwin
Braun
Cantwell
Coons
Cramer
Cruz
Daines
Durbin
Hawley
Hirono
Hoeven
Johnson
Kennedy
Lee
Lummis
Markey
Marshall
Menendez
Merkley
Murkowski
Murphy
Murray
Paul
Sanders
Sullivan
Tester
Tuberville
Van Hollen
Warren
Welch
Wyden
NAYS--61
Barrasso
Bennet
Blumenthal
Booker
Boozman
Britt
Brown
Budd
Butler
Cardin
Carper
Casey
Cassidy
Collins
Cornyn
Cotton
Crapo
Duckworth
Ernst
Fetterman
Fischer
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hyde-Smith
Kaine
Kelly
King
Klobuchar
Lankford
Lujan
McConnell
Moran
Mullin
Ossoff
Padilla
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Thune
Tillis
Warner
Whitehouse
Wicker
Young
NOT VOTING--8
Blackburn
Capito
Cortez Masto
Hagerty
Manchin
Schmitt
Vance
Warnock
The PRESIDING OFFICER. On this vote, the yeas are 31, the nays are
61.
Under the previous order requiring 60 votes for the adoption of this
amendment, the amendment is not agreed to.
The amendment (No. 1829) was rejected.
The PRESIDING OFFICER. The majority leader.
Senator Collins 9,000th Vote
Mr. SCHUMER. Mr. President, now, before we move on, I would like to
acknowledge a rare milestone that is just about to be achieved on this
coming vote in the Senate. Our dear colleague from Maine, Senator Susan
Collins, will cast her nine-thousandth consecutive rollcall vote.
(Applause, Senators rising.)
She has never--never--missed a single rollcall vote in her entire
career. Who else can claim that? Raise your hand. Even the freshmen
can't claim that.
I congratulate Senator Collins on this historic accomplishment. It
puts her in rare company in the history of the Chamber.
Senator Collins and I, of course, belong to different parties, but
she has the enormous respect of those of us on this side of the aisle
as well as her own colleagues. And I have been grateful for the chance
to work with her in recent years on many issues. So we all have
applauded her great work.
I yield the floor to my colleague and friend, Senator McConnell.
The PRESIDING OFFICER. The Republican leader.
Mr. McCONNELL. Mr. President, I would like to thank the majority
leader for his acknowledgement of this historic moment.
The senior Senator from Maine, our good friend, is about to cast, as
we all know, her nine-thousandth consecutive rollcall vote.
Quite literally, as the occupant of the Chair knows, Senator Collins
has never failed to discharge the most fundamental duty of her office.
According to the Historical Office, only one Senator in history has
managed a longer streak of consecutive votes--and let's just say,
Senator Collins is closing in on that record as well.
I hope our colleague is as proud of this accomplishment as we are of
her. One thing is for certain: She didn't reach the milestone by
accident. Senator Collins arrived as a freshman already well aware of
the obligations of public service. After all, she was raised by not one
but two smalltown mayors.
And as our colleagues know, one of those distinguished mayors--her
mother, Patricia--passed away earlier this year, right as the
government funding she had stewarded was nearing the finish line.
It was a situation that made the tension we have all felt at times
between the demands of the Senate and of family. But as always, the
example of the senior Senator from Maine was instructive: poised under
pressure, prepared for any outcome, and as determined as ever to do
right by the people she represents.
Day after day, year after year, our senior-most appropriator has
demonstrated through her dedication that if you do your homework and
show up to vote, most everything else will fall in line.
So I would like to add my congratulations to my good friend Senator
Collins on this tremendous milestone. The people of Maine are lucky to
have her.
(Applause, Senators rising.)
The PRESIDING OFFICER. The Republican whip.
Mr. THUNE. Mr. President, if I might, again, 9,000 is remarkable--the
``iron'' Senator. And she was asked by the Washington Post 12 years ago
why she had never missed a vote, why she made a decision to make every
vote. And this is what she said:
I think it's important at this time, when public confidence
in Congress is very low, to demonstrate to my constituents
that I really care about doing a good job for them.
For 27 straight years and 9,000 straight votes, she has delivered
every single day for the people of Maine, for the people of this
country. And I am grateful to have the privilege and opportunity to
serve with her, as I think every single one of us is--not only those
who are here today but those who have come before. It is a remarkable
achievement.
Senator Collins, thank you. Thank you for your record. Thank you for
your example.
(Applause.)
The PRESIDING OFFICER. And the Chair conveys his heartfelt
congratulations and pride to his colleague.
Thank you, Susan, for all you have done.
Amendment No. 1834
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MARSHALL. Mr. President, I call up my amendment No. 1834 and ask
that it be reported by number.
[[Page S2923]]
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kansas [Mr. Marshall] proposes an
amendment numbered 1834.
The amendment is as follows:
(Purpose: To strike the prohibition on political appointees being
involved in the approval of queries by the Federal Bureau of
Investigation)
On page 3, strike line 16 and all that follows through page
4, line 12, and insert the following:
(b) Requirement for Senior Leadership To Approve Federal
Bureau of Investigation Queries.--Subparagraph (D) of section
702(f)(3), as added by subsection (d) of this section, is
amended by inserting after clause (v) the following:
``(vi) Requirement for senior leadership to approve federal
bureau of investigation queries.--The procedures shall
require that the Director of the Federal Bureau of
Investigation or the Attorney General be included in the
Federal Bureau of Investigation's prior approval process
under clause (ii).''.
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, on the Marshall amendment No. 1834.
The Senator from Kansas.
Mr. MARSHALL. Mr. President, during the last administration, we saw
career, unelected bureaucrats, many of whom were FBI agents, actively
work against our Commander in Chief.
Now, in this bill, we are giving unilateral control over section 702
to those same career staff who have a record of abusing their power. As
written, section 2(b) of the bill would prohibit political appointees
from being within the process of approving section 702 queries. This
means there is no accountability for these agents by the FBI Director
or Attorney General.
Regardless of who is President, they and their politically appointed
FBI Director and Attorney General should have full control of the
Agencies and Departments they are leading.
We must make FBI and DOJ leadership accountable for eventual section
702 abuses. We should require the Attorney General and FBI Director to
sign off on 702 investigations.
As this is such a momentous vote, it would be great that it also
passed. So, with that, I urge your ``yes'' vote.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Mr. President, actually, what the bill does is it
requires, especially in cases of politically sensitive queries, that it
be approved by a supervisor to take it out of the hands of the career
individuals who in the past have or potentially have abused this
authority.
Now, there are two ways to skin this cat. The challenge of the
political appointees is twofold. The first is it is a political
appointee. There is a person who owes their job to the party in power
in the White House.
And so the thinking was that if you put someone like that in charge,
it actually might lend itself to this being abused for political use.
The second is, it is actually harder to hold political appointees
accountable. As we saw this week, the only way to get rid of, for
example, the Attorney General would be to impeach them.
In this particular case, if it is a supervisor, that supervisor could
be fired. Everyone in these Departments is ultimately accountable to
the Attorney General and/or the FBI Director.
And I would add one more point. Another reform that is in this bill
that is important to point to is that the compensation of the FBI
Director will now be directly tied to how the Department performs every
single year on the audit of compliance with 702.
So I urge this amendment be defeated.
Vote on Amendment No. 1834
The PRESIDING OFFICER. The question is on the amendment.
Mr. MARSHALL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Tennessee (Mr. Hagerty), the Senator from
Missouri (Mr. Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 17, nays 75, as follows:
[Rollcall Vote No. 145 Leg.]
YEAS--17
Braun
Daines
Grassley
Hawley
Hyde-Smith
Johnson
Kennedy
Lee
Lummis
Marshall
Mullin
Murkowski
Paul
Scott (FL)
Scott (SC)
Sullivan
Tuberville
NAYS--75
Baldwin
Barrasso
Bennet
Blumenthal
Booker
Boozman
Britt
Brown
Budd
Butler
Cantwell
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cotton
Cramer
Crapo
Cruz
Duckworth
Durbin
Ernst
Fetterman
Fischer
Gillibrand
Graham
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Kaine
Kelly
King
Klobuchar
Lankford
Lujan
Markey
McConnell
Menendez
Merkley
Moran
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Thune
Tillis
Van Hollen
Warner
Warren
Welch
Whitehouse
Wicker
Wyden
Young
NOT VOTING--8
Blackburn
Capito
Cortez Masto
Hagerty
Manchin
Schmitt
Vance
Warnock
The amendment (No. 1834) was rejected.
The PRESIDING OFFICER. The Senator from Oregon.
Amendment No. 1820
Mr. WYDEN. I call up my amendment No. 1820 and ask that it be
reported by number.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from Oregon [Mr. Wyden], for himself and Ms.
Lummis, proposes an amendment numbered 1820.
The amendment is as follows:
(Purpose: To strike section 25, relating to definition of electronic
communication service provider)
Beginning on page 87, strike line 14 and all that follows
through page 90, line 4.
The PRESIDING OFFICER. There will be 2 minutes of debate equally
divided on the Wyden amendment No. 1820.
The Senator from Oregon.
Mr. WYDEN. Mr. President, this bipartisan amendment strikes a
dangerous provision that was slipped in at the last moment in the House
of Representatives and has never been considered or examined here in
the Senate. The provision dramatically expands warrantless surveillance
by authorizing the government, for countless typical Americans and
American companies, to secretly assist in their surveillance. If there
is one thing we know, expansive surveillance authorities will always be
used and abused.
Let's do the right thing and vote aye to strike the horribly drafted,
sweeping new surveillance authorities that we will surely regret.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I oppose this amendment. When 702 was
drafted in 2008, the telecom world was very different than it is today.
Things like cloud and data centers didn't exist.
I disagree with my colleague's definition of the amendment. I have a
letter here from the Attorney General that says that under this new
definition, section 702 could never be used to target any entity inside
the United States, including, for example, business, home, or place of
worship. I will work with colleagues to further refine this definition
within the IAA bill that we take up this year.
I yield the balance of my time to Senator Rubio.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Briefly, this is actually pretty narrowly tailored even
though it is written in the way it is. It is tough to talk about in
this setting. The information is available to all the Members and has
been now for 5 or 6 days.
It is actually narrowly tailored to a very specific problem that was
identified by the court. Basically the FISA
[[Page S2924]]
Court of Review said that if there is an unintended gap in coverage
revealed by their interpretation, you have to go to Congress to fix it.
That is what this tries to do. It is important.
As I said, that information has been available to Members in the
appropriate setting for the last few days.
I hope we can defeat this amendment. It is actually a 21st-century
solution to a unique problem in an era in which telecommunications is
rapidly evolving, and so are our adversaries.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, this matter that came from the House of
Representatives has not been narrowly drafted. It is not technical. The
reason you know that is they keep coming up with exceptions. The rule
is so broad, and then they keep adding all these exceptions. This is a
deeply flawed proposal that comes from the House.
I urge my colleagues to vote yea on this.
Vote on Amendment No. 1820
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mr. WYDEN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Tennessee (Mr. Hagerty), the Senator from
Missouri (Mr. Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 34, nays 58, as follows:
[Rollcall Vote No. 146 Leg.]
YEAS--34
Baldwin
Barrasso
Booker
Braun
Brown
Cantwell
Coons
Cramer
Daines
Durbin
Hawley
Hirono
Hoeven
Johnson
Kennedy
Lee
Lummis
Markey
Marshall
Menendez
Merkley
Murphy
Murray
Padilla
Paul
Sanders
Scott (FL)
Scott (SC)
Tester
Tuberville
Van Hollen
Warren
Welch
Wyden
NAYS--58
Bennet
Blumenthal
Boozman
Britt
Budd
Butler
Cardin
Carper
Casey
Cassidy
Collins
Cornyn
Cotton
Crapo
Cruz
Duckworth
Ernst
Fetterman
Fischer
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hyde-Smith
Kaine
Kelly
King
Klobuchar
Lankford
Lujan
McConnell
Moran
Mullin
Murkowski
Ossoff
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Sullivan
Thune
Tillis
Warner
Whitehouse
Wicker
Young
NOT VOTING--8
Blackburn
Capito
Cortez Masto
Hagerty
Manchin
Schmitt
Vance
Warnock
The amendment (No. 1820) was rejected.
The PRESIDING OFFICER. There will be 2 minutes equally divided for
debate on the Paul amendment No. 1828.
The PRESIDING OFFICER. The Senator from Kentucky.
Amendment No. 1828
Mr. PAUL. I call up my amendment No. 1828.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 1828.
The amendment is as follows:
(Purpose: To prohibit the use of authorities under the Foreign
Intelligence Surveillance Act of 1978 to surveil United States persons,
to prohibit queries under such Act using search terms associated with
United States persons, and to prohibit the use of information acquired
under such Act in any criminal, civil, or administrative proceeding or
as part of any criminal, civil, or administrative investigation.)
At the end, add the following:
SEC. 26. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Foreign Intelligence Surveillance Act of 1978.--
(1) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end the following:
``TITLE IX--LIMITATIONS
``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED
STATES PERSONS, ON CONDUCTING QUERIES, AND ON
USE OF INFORMATION CONCERNING UNITED STATES
PERSONS.
``(a) Definitions.--In this section:
``(1) Pen register and trap and trace device.--The terms
`pen register' and `trap and trace device' have the meanings
given such terms in section 3127 of title 18, United States
Code.
``(2) United states person.--The term `United States
person' has the meaning given such term in section 101.
``(3) Derived.--Information or evidence is `derived' from
an acquisition when the Government would not have originally
possessed the information or evidence but for that
acquisition, and regardless of any claim that the information
or evidence is attenuated from the surveillance or search,
would inevitably have been discovered, or was subsequently
reobtained through other means.
``(b) Limitation on Authorities.--Notwithstanding any other
provision of this Act, an officer of the United States may
not under this Act request an order for, and the Foreign
Intelligence Surveillance Court may not under this Act
order--
``(1) electronic surveillance of a United States person;
``(2) a physical search of a premises, information,
material, or property used exclusively by, or under the open
and exclusive control of, a United States person;
``(3) approval of the installation and use of a pen
register or trap and trace device to obtain information
concerning a United States person;
``(4) the production of tangible things (including books,
records, papers, documents, and other items) concerning a
United States person; or
``(5) the targeting of a United States person for the
acquisition of information.
``(c) Limitation on Queries of Information Collected Under
Section 702.--Notwithstanding any other provision of this
Act, an officer of the United States may not conduct a query
of information collected pursuant to an authorization under
section 702(a) using search terms associated with a United
States person.
``(d) Limitation on Use of Information Concerning United
States Persons.--
``(1) Definition of aggrieved person.--In this subsection,
the term `aggrieved person' means a person who is the target
of any surveillance activity under this Act or any other
person whose communications or activities were subject to any
surveillance activity under this Act.
``(2) In general.--Except as provided in paragraph (3), any
information concerning a United States person acquired or
derived from an acquisition under this Act shall not be used
in evidence against that United States person in any
criminal, civil, or administrative proceeding or as part of
any criminal, civil, or administrative investigation.
``(3) Use by aggrieved persons.--An aggrieved person who is
a United States person may use information concerning such
person acquired under this Act in a criminal, civil, or
administrative proceeding or as part of a criminal, civil, or
administrative investigation.''.
(2) Clerical amendment.--The table of contents preceding
section 101 of such Act is amended by adding at the end the
following:
``TITLE IX--LIMITATIONS
``Sec. 901. Limitations on authorities to surveil United States
persons, on conducting queries, and on use of information
concerning United States persons.''.
(b) Limitations Relating to Executive Order 12333.--
(1) Definitions.--In this subsection:
(A) Aggrieved person.--The term ``aggrieved person''
means--
(i) a person who is the target of any surveillance activity
under Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), or successor order;
or
(ii) any other person whose communications or activities
were subject to any surveillance activity under such
Executive order, or successor order.
(B) Pen register; trap and trace device; united states
person.--The terms ``pen register'', ``trap and trace
device'', and ``United States person'' have the meanings
given such terms in section 901 of the Foreign Intelligence
Surveillance Act of 1978, as added by subsection (a).
(2) Limitation on acquisition.--Where authority is provided
by statute or by the Federal Rules of Criminal Procedure to
perform physical searches or to acquire, directly or through
third parties, communications content, non-contents
information, or business records, those authorizations shall
provide the exclusive means by which such searches or
acquisition shall take place if the target of the acquisition
is a United States person.
(3) Limitation on use in legal proceedings.--Except as
provided in paragraph
[[Page S2925]]
(5), any information concerning a United States person
acquired or derived from an acquisition under Executive Order
12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities), or successor order, shall not be
used in evidence against that United States person in any
criminal, civil, or administrative proceeding or as part of
any criminal, civil, or administrative investigation.
(4) Limitation on united states person queries.--
Notwithstanding any other provision of law, no governmental
entity or officer of the United States shall query
communications content, non-contents information, or business
records of a United States person under Executive Order 12333
(50 U.S.C. 3001 note; relating to United States intelligence
activities), or successor order.
(5) Use by aggrieved persons.--An aggrieved person who is a
United States person may use information concerning such
person acquired under Executive Order 12333, or successor
order, in a criminal, civil, or administrative proceeding or
as part of a criminal, civil, or administrative
investigation.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to
abrogate jurisprudence of the Supreme Court of the United
States relating to the exceptions to the warrant requirement
of the Fourth Amendment to the Constitution of the United
States, including the exigent circumstances exception.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. PAUL. Mr. President, Benjamin Franklin warned us that those who
would trade liberty for security might wind up with neither, but
somewhere along the way, we lost our courage. It takes courage to
defend the Constitution. It takes courage to defend the Fourth
Amendment. It takes courage to understand that, even when people are
guilty of crimes, we let them have lawyers. We have open courts. We
have an adversarial process.
People think: Well, gosh, a murderer gets a lawyer.
Yes, everybody in our system gets a lawyer, at least under the system
of the Fourth Amendment. But as we became fearful of terrorists, we
said: Well, we can't exist under the Constitution. We have to lower the
standard of the Fourth Amendment.
So in 1978, we set up FISA, and it went after foreigners under a
different standard. It was probable cause, not of a crime but probable
cause that you are associated with a foreign government.
And for even myself, I am fine with that for foreigners. But for
Americans, we still have the Constitution. So my amendment would simply
say this: You can investigate all the foreigners you want under 702,
under FISA, whatever you wish for foreigners, but for Americans you go
to an article III court. They work.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. PAUL. We have prosecuted over 300 terrorists in article III
courts, and we could do it.
My amendment says that FISA would only be utilized on foreigners, not
Americans.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I rise in opposition to this amendment.
This amendment would have the effect of basically destroying section
702.
Unfortunately, over the last 20 years--Anwar al-Awlaki, Robert
Hanssen, Faisal Shahzad--there have been a number of American citizens
who created terrorists acts that 702 has been used for.
As a matter of fact, many times, when you start the investigation,
you don't know if the individual is an American or a foreigner. I
respectfully ask us to defeat the amendment and give the balance of my
time to Senator Rubio.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Anwar al-Awlaki was an American-born cleric who became a
leader of al-Qaida. Syed Farook was born in America, and he murdered 14
people in a terrorist attack in San Bernardino. The brothers that
committed the Boston marathon--one was naturalized, and the other was a
lawful permanent resident. I could go on and on.
If we had suspected them of terrorism, we would not have been able
to--and none of these were prevented. But if these cases emerged today
and you suspected them of terrorism, under this amendment, you would
not have been able to surveil them to prevent the terrorist attack.
Afterward, you could have gone after them, but now it is too late to
prevent the terrorist attack. That is what this amendment would--that
is the harm that this amendment, if passed, would create, and I urge
you to vote against it.
The PRESIDING OFFICER. All time is expired.
Vote on Amendment No. 1828
The question is on agreeing to the amendment No. 1828.
Mr. PAUL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Tennessee (Mr. Hagerty), the Senator from
Missouri (Mr. Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 11, nays 81, as follows:
[Rollcall Vote No. 147 Leg.]
YEAS--11
Braun
Daines
Hawley
Johnson
Kennedy
Lee
Lummis
Marshall
Paul
Scott (FL)
Tuberville
NAYS--81
Baldwin
Barrasso
Bennet
Blumenthal
Booker
Boozman
Britt
Brown
Budd
Butler
Cantwell
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cotton
Cramer
Crapo
Cruz
Duckworth
Durbin
Ernst
Fetterman
Fischer
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Kaine
Kelly
King
Klobuchar
Lankford
Lujan
Markey
McConnell
Menendez
Merkley
Moran
Mullin
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Sanders
Schatz
Schumer
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Van Hollen
Warner
Warren
Welch
Whitehouse
Wicker
Wyden
Young
NOT VOTING--8
Blackburn
Capito
Cortez Masto
Hagerty
Manchin
Schmitt
Vance
Warnock
The PRESIDING OFFICER. On this vote the yeas are 11, the nays are 82.
Under the previous order, requiring 60 affirmative votes for the
adoption of this amendment, the amendment is not agreed to.
The amendment (No. 1828) was rejected.
The PRESIDING OFFICER. There will be two minutes for debate, equally
divided, on the Durbin amendment No. 1841, as modified.
The Senator from Illinois.
Amendment No. 1841, As Modified
Mr. DURBIN. I call up my amendment No. 1841, as modified, and ask
that it be reported by number.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin] proposes an
amendment numbered 1841, as modified.
The amendment is as follows:
(Purpose: To prohibit warrantless access to the communications and
other information of United States persons)
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON WARRANTLESS ACCESS TO THE
COMMUNICATIONS AND OTHER INFORMATION OF UNITED
STATES PERSONS.
(a) Definition.--Section 702(f) is amended in paragraph
(5), as so redesignated by section 2(a)(2) of this Act--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) The term `covered query' means a query conducted--
``(i) using a term associated with a United States person;
or
``(ii) for the purpose of finding the information of a
United States person.''.
(b) Prohibition.--Section 702(f) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)) is
amended--
[[Page S2926]]
(1) by redesignating paragraph (5), as redesignated by
section 2(a)(1) of this Act, as paragraph (8);
(2) in paragraph (1)(A) by inserting ``and the limitations
and requirements in paragraph (5)'' after ``Constitution of
the United States''; and
(3) by inserting after paragraph (4), as added by section
16(a)(1) of this Act, the following:
``(5) Prohibition on warrantless access to the
communications and other information of united states
persons.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), no officer or employee of any agency that has access
to unminimized communications or information obtained through
an acquisition under this section may access communications
content, or information the compelled disclosure of which
would require a probable cause warrant if sought for law
enforcement purposes inside the United States, acquired under
subsection (a) and returned in response to a covered query.
``(B) Exceptions for concurrent authorization, consent,
emergency situations, and certain defensive cybersecurity
queries.--Subparagraph (A) shall not apply if--
``(i) the person to whom the query relates is the subject
of an order or emergency authorization authorizing electronic
surveillance, a physical search, or an acquisition under this
section or section 105, section 304, section 703, or section
704 of this Act or a warrant issued pursuant to the Federal
Rules of Criminal Procedure by a court of competent
jurisdiction;
``(ii)(I) the officer or employee accessing the
communications content or information has a reasonable belief
that--
``(aa) an emergency exists involving an imminent threat of
death or serious bodily harm; and
``(bb) in order to prevent or mitigate the threat described
in item (aa), the communications content or information must
be accessed before authorization described in clause (i) can,
with due diligence, be obtained; and
``(II) not later than 14 days after the communications
content or information is accessed, a description of the
circumstances justifying the accessing of the query results
is provided to the Foreign Intelligence Surveillance Court,
the congressional intelligence committees, the Committee on
the Judiciary of the House of Representatives, and the
Committee on the Judiciary of the Senate;
``(iii) such person or, if such person is incapable of
providing consent, a third party legally authorized to
consent on behalf of such person, has provided consent for
the access on a case-by-case basis; or
``(iv)(I) the communications content or information is
accessed and used for defensive cybersecurity purposes,
including the protection of a United States person from
cyber-related harms;
``(II) other than for such defensive cybersecurity
purposes, no communications content or other information
described in subparagraph (A) are accessed or reviewed; and
``(III) the accessing of query results is reported to the
Foreign Intelligence Surveillance Court.
``(C) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event that
communications content or information returned in response to
a covered query are accessed pursuant to an emergency
authorization described in subparagraph (B)(i) and the
subsequent application to authorize electronic surveillance,
a physical search, or an acquisition pursuant to section
105(e), section 304(e), section 703(d), or section 704(d) of
this Act is denied, or in any other case in which
communications content or information returned in response to
a covered query are accessed in violation of this paragraph--
``(I) no communications content or information acquired or
evidence derived from such access may be used, received in
evidence, or otherwise disseminated in any investigation by
or in any trial, hearing, or other proceeding in or before
any court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof; and
``(II) no communications content or information acquired or
derived from such access may subsequently be used or
disclosed in any other manner without the consent of the
person to whom the covered query relates, except in the case
that the Attorney General approves the use or disclosure of
such information in order to prevent the death of or serious
bodily harm to any person.
``(ii) Assessment of compliance.--Not less frequently than
annually, the Attorney General shall assess compliance with
the requirements under clause (i).
``(D) Foreign intelligence purpose.--
``(i) In general.--Except as provided in clause (ii) of
this subparagraph, no officer or employee of any agency that
has access to unminimized communications or information
obtained through an acquisition under this section may
conduct a covered query of information acquired under
subsection (a) unless the query is reasonably likely to
retrieve foreign intelligence information.
``(ii) Exceptions.--An officer or employee of an agency
that has access to unminimized communications or information
obtained through an acquisition under this section may
conduct a covered query of information acquired under this
section if--
``(I)(aa) the officer or employee conducting the query has
a reasonable belief that an emergency exists involving an
imminent threat of death or serious bodily harm; and
``(bb) not later than 14 days after the query is conducted,
a description of the query is provided to the Foreign
Intelligence Surveillance Court, the congressional
intelligence committees, the Committee on the Judiciary of
the House of Representatives, and the Committee on the
Judiciary of the Senate;
``(II) the person to whom the query relates or, if such
person is incapable of providing consent, a third party
legally authorized to consent on behalf of such person, has
provided consent for the query on a case-by-case basis;
``(III)(aa) the query is conducted, and the results of the
query are used, for defensive cybersecurity purposes,
including the protection of a United States person from
cyber-related harms;
``(bb) other than for such defensive cybersecurity
purposes, no communications content or other information
described in subparagraph (A) are accessed or reviewed; and
``(cc) the query is reported to the Foreign Intelligence
Surveillance Court; or
``(IV) the query is necessary to identify information that
must be produced or preserved in connection with a litigation
matter or to fulfill discovery obligations in a criminal
matter under the laws of the United States or any State
thereof.
``(6) Documentation.--No officer or employee of any agency
that has access to unminimized communications or information
obtained through an acquisition under this section may access
communications content, or information the compelled
disclosure of which would require a probable cause warrant if
sought for law enforcement purposes inside the United States,
returned in response to a covered query unless an electronic
record is created that includes a statement of facts showing
that the access is authorized pursuant to an exception
specified in paragraph (5)(B).
``(7) Query record system.--The head of each agency that
has access to unminimized communications or information
obtained through an acquisition under this section shall
ensure that a system, mechanism, or business practice is in
place to maintain the records described in paragraph (6). Not
later than 90 days after the date of enactment of the
Reforming Intelligence and Securing America Act, the head of
each agency that has access to unminimized communications or
information obtained through an acquisition under this
section shall report to Congress on its compliance with this
procedure.''.
(c) Conforming Amendments.--
(1) Section 603(b)(2) is amended, in the matter preceding
subparagraph (A), by striking ``, including pursuant to
subsection (f)(2) of such section,''.
(2) Section 706(a)(2)(A)(i) is amended by striking
``obtained an order of the Foreign Intelligence Surveillance
Court to access such information pursuant to section
702(f)(2)'' and inserting ``accessed such information in
accordance with section 702(f)(5)''.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Throughout our history and certainly since 9/11, we have
been focused on a challenge: Can we keep America safe and still honor
our Constitution?
I have been engaged in this debate for quite a few years, and I
continue with it this evening. Over the course of our history, we have
seen section 702 misused by our government: 3.4 million American
conversations were monitored in 1 year; another, 200,000.
This modification I am suggesting, suggested by the Privacy and Civil
Liberties Oversight Board, would mean that the Agency would have to
report for warrants 80 cases a month. That is not too much when we are
dealing with hundreds of thousands of targets and millions of
conversations.
Yes, we can protect the constitutional Bill of Rights and keep our
country safe. We have got to be mindful that this requires vigilance.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Mr. President, it is illegal for the U.S. Government or
any of its Agencies to spy on American citizens. It is illegal. And
nothing in this bill changes that. The fact is, the House has passed a
reform bill which has made it far less likely for there to be abuses,
inadvertent and otherwise, and it has real accountability measures that
will punish people who abuse these necessary tools.
The fact of the matter is 702 applies to foreigners overseas, not
Americans here in the United States. And where there is incidental
collection, court after court after court has said it does not violate
the Fourth Amendment. There is no constitutional violation. And if the
intelligence Agencies want to look further at an American citizen, they
have to go to the Foreign Intelligence Surveillance Court and get a
warrant to show probable cause that a crime has been committed.
[[Page S2927]]
If we pass this requirement, it will simply benefit our foreign
adversaries--Russia, China, Iran, Hamas--just to name a few.
The PRESIDING OFFICER. The Senator's time has expired.
Vote on Amendment No. 1841, as Modified
The question is on agreeing to the amendment.
Mr. WICKER. I ask for the yeas and nays.
The PRESIDING OFFICER. The yeas and nays have been requested.
Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Tennessee (Mr. Hagerty), the Senator from
Missouri (Mr. Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 42, nays 50, as follows:
[Rollcall Vote No. 148 Leg.]
YEAS--42
Baldwin
Barrasso
Booker
Braun
Brown
Butler
Cantwell
Coons
Cramer
Cruz
Daines
Durbin
Hawley
Heinrich
Hirono
Hoeven
Johnson
Kaine
Kennedy
Lee
Lujan
Lummis
Markey
Marshall
Menendez
Merkley
Murkowski
Murphy
Murray
Padilla
Paul
Sanders
Scott (FL)
Scott (SC)
Smith
Sullivan
Tester
Tuberville
Van Hollen
Warren
Welch
Wyden
NAYS--50
Bennet
Blumenthal
Boozman
Britt
Budd
Cardin
Carper
Casey
Cassidy
Collins
Cornyn
Cotton
Crapo
Duckworth
Ernst
Fetterman
Fischer
Gillibrand
Graham
Grassley
Hassan
Hickenlooper
Hyde-Smith
Kelly
King
Klobuchar
Lankford
McConnell
Moran
Mullin
Ossoff
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Schatz
Schumer
Shaheen
Sinema
Stabenow
Thune
Tillis
Warner
Whitehouse
Wicker
Young
NOT VOTING--8
Blackburn
Capito
Cortez Masto
Hagerty
Manchin
Schmitt
Vance
Warnock
The amendment (No. 1841), as modified, was rejected.
The PRESIDING OFFICER. There will be 2 minutes of debate, equally
divided, on Lee amendment No. 1840.
The Senator from Utah.
Amendment No. 1840
(Purpose: To appropriately address the use of amici curiae in Foreign
Intelligence Surveillance Court proceedings and to require adequate
disclosure of relevant information in Foreign Intelligence Surveillance
Act of 1978 applications.)
Mr. LEE. Mr. President, I call up my amendment No. 1840, and I ask
that it be reported by number.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Utah [Mr. Lee] proposes an amendment
numbered 1840.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDING OFFICER. The Senator from Utah.
Mr. LEE. Mr. President, in 2020, 77 Members of this body voted for
this amendment, and I would love to see the same result today.
According to the IG report following the Crossfire Hurricane
investigation, there were a lot of FBI employees who appeared before
the FISA Court who had made substantial misrepresentations to the FISA
Court. It is one of the things that can happen in a nonadversarial
courtroom setting. That is why this amendment that most of us voted for
just 4 years ago does two things.
First, it beefs up the ability to have amicus curiae representation
so that there is an extra set of eyes, not individual lawyers
representing any one single person, but an extra set of eyes there to
defend the rights of individual Americans--individual Americans--about
50,000 of whom are queried without any warrant, in a typical quarter,
as recently as 2 years ago.
The second thing it does is it requires the disclosure to the court
of all material, exculpatory evidence, or impeachment evidence--what we
would call, in a courtroom, Brady and Giglio evidence--to the court.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. LEE. This is not too much. We should all be able to support this
just as 77 of us did in 2020.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Mr. President, there is some validity here, and the bill
begins to cover some of it, but there is more we can do to fix this.
In Crossfire Hurricane, particularly in the case of Carter Page, the
FBI agents lied to the court, and they inserted a dossier that proved
to be opposition research, which you no longer can do under the reforms
of this bill. You can no longer also include things like press media
accounts of the case before them.
The function of this would be, on the other hand--and this is a real
application because they would have probably brought it beyond that
setting. Manuel Rocha was a spy in the Cuban Government, working for us
as an Ambassador. Now he would have some advocate there arguing on his
behalf in the court, someone who doesn't even have to have an
intelligence background, and you may potentially even have to provide
that advocate with intelligence information as exculpatory even though
it really isn't exculpatory.
So this, as drafted, is problematic in the context of what we are
trying to fix here, especially in light of the reforms that are already
coming in as part of the bill.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, this is the last amendment. If we can get
this bill passed before 12 midnight, we will meet our goal. I commit to
working with all to make sure that we continue to review the amicus
proceedings in the next Intel authorization. So I urge Senators to
reject the amendment.
Vote on Amendment No. 1840
The PRESIDING OFFICER. All time has expired.
The question is on agreeing to the amendment.
Mr. LEE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. The yeas and nays have been called for.
Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mrs. Blackburn), the Senator from West Virginia (Mrs.
Capito), the Senator from Missouri (Mr. Schmitt), and the Senator from
Ohio (Mr. Vance).
The result was announced--yeas 40, nays 53, as follows:
[Rollcall Vote No. 149 Leg.]
YEAS--40
Baldwin
Barrasso
Booker
Braun
Britt
Brown
Cantwell
Coons
Cramer
Cruz
Daines
Durbin
Grassley
Hagerty
Hawley
Hirono
Hoeven
Johnson
Kennedy
Lee
Lummis
Markey
Marshall
Menendez
Merkley
Murkowski
Murphy
Murray
Padilla
Paul
Sanders
Scott (FL)
Scott (SC)
Sullivan
Tester
Tuberville
Van Hollen
Warren
Welch
Wyden
NAYS--53
Bennet
Blumenthal
Boozman
Budd
Butler
Cardin
Carper
Casey
Cassidy
Collins
Cornyn
Cotton
Crapo
Duckworth
Ernst
Fetterman
Fischer
Gillibrand
Graham
Hassan
Heinrich
Hickenlooper
Hyde-Smith
Kaine
Kelly
King
Klobuchar
Lankford
Lujan
McConnell
Moran
Mullin
Ossoff
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Thune
Tillis
Warner
Whitehouse
Wicker
Young
[[Page S2928]]
NOT VOTING--7
Blackburn
Capito
Cortez Masto
Manchin
Schmitt
Vance
Warnock
The amendment (No. 1840) was rejected.
The PRESIDING OFFICER. Under the previous order, the bill is
considered read a third time.
The bill was ordered to a third reading and was read the third time.
The PRESIDING OFFICER. There will now be up to 2 minutes of debate
equally divided.
The majority leader.
Mr. SCHUMER. Mr. President, in the nick of time, bipartisanship has
prevailed here in the Senate. We are reauthorizing FISA right before it
expires at midnight--20 minutes before midnight, as the time is now.
This bill now goes to the President's desk.
All day long, we persisted and persisted and persisted in trying to
reach a breakthrough. In the end, we have succeeded, and we are getting
FISA done. Democrats and Republicans came together and did the right
thing for our country's safety. It wasn't easy. People had many
different views. But we all know one thing: Letting FISA expire would
be dangerous. It is an important part of our national security to stop
acts of terror, drug trafficking, and violent extremism.
Thank you to all of my Senate colleagues on both sides of the aisle
for their good work in getting this done.
Order of Business
Now, for the information of the Senate, after this vote, we will have
no further votes this evening. We are working on an agreement for
consideration of the supplemental. Without an agreement, we will vote
on laying down the supplemental as soon as we receive it from the House
tomorrow. But we are working on the agreement now.
Mark Warner has done a great job here as chairman of the Intelligence
Committee, and I yield to him for 30 seconds.
Mr. WARNER. I thank Senator Schumer.
I just want to say I know these issues are tough. I appreciate all of
the members of the Intelligence Committee, particularly Senator Rubio.
For the areas that still need improvement, we commit to work with you
to make this incredibly important tool more efficiently and effectively
overseen as well.
I urge adoption of the bill.
The PRESIDING OFFICER. Is there further debate?
Vote on H.R. 7888
The bill having been read the third time, the question is, Shall the
bill pass?
Mr. GRASSLEY. I ask for the yeas and nays.
The PRESIDING OFFICER. The yeas and nays have been requested.
Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez
Masto), the Senator from West Virginia (Mr. Manchin), and the Senator
from Georgia (Mr. Warnock) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from West Virginia (Mrs. Capito), the Senator from Missouri (Mr.
Schmitt), and the Senator from Ohio (Mr. Vance).
The result was announced--yeas 60, nays 34, as follows:
[Rollcall Vote No. 150 Leg.]
YEAS--60
Barrasso
Bennet
Blumenthal
Boozman
Britt
Budd
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cotton
Crapo
Duckworth
Ernst
Fetterman
Fischer
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hyde-Smith
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
Lujan
McConnell
Moran
Mullin
Murkowski
Ossoff
Padilla
Peters
Reed
Ricketts
Risch
Romney
Rosen
Rounds
Rubio
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Sullivan
Thune
Tillis
Warner
Whitehouse
Wicker
Young
NAYS--34
Baldwin
Blackburn
Booker
Braun
Brown
Butler
Cantwell
Cramer
Cruz
Daines
Durbin
Hagerty
Hawley
Hirono
Hoeven
Johnson
Lee
Lummis
Markey
Marshall
Menendez
Merkley
Murphy
Murray
Paul
Sanders
Scott (FL)
Scott (SC)
Tester
Tuberville
Van Hollen
Warren
Welch
Wyden
NOT VOTING--6
Capito
Cortez Masto
Manchin
Schmitt
Vance
Warnock
The PRESIDING OFFICER. On this vote, the yeas are 60, the nays are
34.
Under the previous order requiring 60 votes for the passage of this
bill, the bill is passed.
The bill (H.R. 7888) was passed.
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