[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. ____________________