[Congressional Record Volume 160, Number 81 (Wednesday, May 28, 2014)]
[Extensions of Remarks]
[Page E852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            USA FREEDOM ACT

                                 ______
                                 

                               speech of

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                         Thursday, May 22, 2014

  Mr. VAN HOLLEN. Mr. Speaker, I rise today in support of H.R. 3361, 
the USA Freedom Act.
  I want to commend Chairman Goodlatte, Chairman Rogers, Ranking Member 
Conyers, and Ranking Member Ruppersberger for crafting a compromise 
bill--and taking into account many of the recommendations offered by 
the Presidents' Review Group on Intelligence and Communications 
Technologies--that will strengthen the privacy and civil liberties of 
all Americans. At the same time, the USA Freedom Act will ensure that 
that our nation continues to have the necessary and appropriate tools 
to protect our country from those who would seek to do us harm.
  This legislation represents an important first step in reforming many 
of the powers that the National Security Agency (NSA) currently has at 
its disposal. Specifically, it would end the government's bulk 
collection of phone metadata and other tangible records through the use 
of Section 215, Foreign Intelligence Surveillance Act (FISA) pen 
registers, and National Security letters. It would also increase 
transparency and oversight within our surveillance operations by 
requiring the government to disclose the number of requests made for 
call records under the new collection process and provide Congress a 
summary of compliance records related to the use of Section 215.
  Another significant change is that for the first time, every request 
made by the NSA for specific call records must be reviewed on a case-
by-case basis by the FISA court. This improved oversight is something I 
have advocated for and I am pleased it was included in this bill.
  While this bill is an improvement over current practices, it still 
falls short of what is needed to ensure adequate privacy protections. I 
am disappointed that the bill does not establish a Citizens Advocate to 
represent citizens' privacy interests at the secret FISA Court 
proceedings. Last December, Representative Jim Jordan and I introduced 
bipartisan legislation to create such a position. I was pleased when 
the earlier versions of this bill adopted a similar provision. 
Unfortunately, Section 401 of H.R. 3361 has since been weakened and 
only provides for a panel of advisors to be employed at the discretion 
of the FISC.
  I also have concerns that last minute changes have the potential to 
create a backdoor loophole where the government can continue to collect 
vast amounts of phone metadata under certain circumstances. It is my 
hope that the Senate will strengthen the bill we voted on today by 
reinstituting the Special Advocate under Section 401, and more narrowly 
defining what constitutes a ``discrete term''.
  Despite these reservations, the USA Freedom Act represents real 
progress and a departure from the untenable status quo. It ensures that 
the intelligence and law enforcement community have the necessary tools 
they need to protect our nation, but it does so in a manner that is 
consistent with the fundamental principles in our Constitution to 
protect the civil liberties of all Americans.

                          ____________________