THE PROVISIONS OF THE PATRIOT ACT, EXPANDING OR EXTENDING THE PROVISIONS AND FORCE THE EXPIRATION, WHICH WILL BED A MIDNIGHT TONIGHT UNLESS A DEAL CAN BE REACHED. NOW THE SENATE FLOOR HERE ON C-SPAN2. THE PRESIDENT PRO TEMPORE: THE SENATE WILL COME TO ORDER. THE CHAPLAIN, DR. BARRY BLACK, WILL LEAD THE SENATE IN

PRAYER. THE CHAPLAIN: LET US PRAY. O GOD, OUR ROCK AND OUR FORTRESS, THANK YOU FOR GUIDING OUR

LIVES. WITHOUT THE UNFOLDING OF YOUR LOVING PROVIDENCE, WE WOULD MISS LIFE'S MUSIC. LORD, YOU HAVE SET OUR FEET ON SOLID GROUND AND DELIVERED US FROM OUR ENEMIES. YOU HAVE KEPT US FROM SORROW AND SIGHING, FOR WE TRUST YOU EVEN IN LIFE'S STORMS. EMPOWER OUR LAWMAKERS TO BE INSTRUMENTS OF YOUR WILL. REMIND THEM THAT THEIR TIMES ARE IN YOUR HANDS, AS YOU SAVE THEM IN YOUR STEADFAST LOVE. GIVE THEM SERENITY TO ACCEPT WHAT THEY CANNOT CHANGE AND COURAGE TO CHANGE WHAT THEY CAN. WE PRAY IN YOUR HOLY NAME. AMEN. THE PRESIDENT PRO TEMPORE: PLEASE JOIN ME IN RECITING THE PLEDGE OF ALLEGIANCE TO OUR FLAG. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE

REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MR. McCONNELL: MR. PRESIDENT? THE PRESIDENT PRO TEMPORE: THE MAJORITY LEADER. MR. McCONNELL: I'LL HAVE MORE TO SAY ABOUT THE BUSINESS BEFORE THE SENATE LATER, BUT AT THIS TIME I'D JUST LIKE TO EXPRESS MY

SINCERE CONDOLENCES TO THE ENTIRE

BIDEN

FAMILY IN THEIR MOMENT OF SUCH DEEP AND PROFOUND LOSS. BEAU BIDEN WAS KNOWN TO MANY AS A DEDICATED PUBLIC SERVANT, A LOVING FATHER OF TWO, AND A DEVOTED PARTNER TO THE WOMAN HE LOVED. HALLIE. I'VE KNOWN THE VICE PRESIDENT FOR MANY YEARS, AND I.T. HARD TO THINK OF ANYTHING MORE IMPORTANT TO HIM THAN HIS FAITH AND HIS FAMILY. I HOPE HE WILL FIND COMFORT IN THE FORMER, AS HE GRIEVES SUCH A TERRIBLE LOSS. THE SENATE OFFERS ITS PRESIDING OFFICER AND EVERY MEMBER OF HIS FAMILY OUR PRAYERS AND OUR SYMPATHY. NOW, MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE TIME UNTIL 5:00 P.M. BE EQUALLY DIVIDED IN THE USUAL FORM AND THE SENATE RECESS AT 5:00 P.M. SUBJECT TO THE CALL OF THE CHAIR. THE PRESIDENT PRO TEMPORE: WITHOUT

OBJECTION. MR. REID: MR. PRESIDENT? THE PRESIDENT PRO TEMPORE: THE MINORITY LEADER. MR. REID: I JOIN IN MY FEELINGS ABOUT THE

JOE

BIDEN FAMILY. I WAS SADDENED REALLY BEYOND

WORDS TO FIGURE OUT, UNDERSTAND THE PASSING OF BEAU, WHO WAS SUCH A FINE YOUNG MAN. HE WAS A DEVOTED HUSBAND, FATHER, SON, A DEDICATED SERVANT TO THE PEOPLE OF DELAWARE, AND IF A FAITH FACILITATE, HONORABLE VETERAN -- FAITHFUL, HONORABLE VETERAN OF THE UNITED STATES, HAVING SERVED IN THE MIDDLE EAST IN IRAQ. I, OF COURSE, HAVE -- EXTEND ALL THE SYMPATHY I'M CAPABLE OF EXTENDING TO HIS FAMILY DURING THIS VERY DIFFICULT TIME. BEAU LEFT US FAR TOO SOON, 46 YEARS OLD. I'M CERTAIN HIS FAMILY WILL TAKE SOLACE KNOWING HE LIVED A SELFLESS, NOBLE LIFE. FOR MY FRIEND, JOE BIDEN, WHO I SERVED IN CONGRESS WITH FOR SO MANY, MANY YEARS, I EXTEND MY DEEPEST THOUGHTS AND CONDOLENCES TO YOU, JOE. THERE'S A SONG, "A MAN OF CONSTANT SORROW," THAT CERTAINLY IF THAT EVER APLAYED APPLIED TO SOMEONE, IT WOULD BE OUR FRIEND JOE BIDEN. NOT HAVING EVEN BEEN SWORN IN TO THE SENATE, THE TRAGIC LOSS OF HIS WIFE AND LITTLE GIRL, AND THEN HIS TWO SONS, BEAU AND HUNTER, HE SPENT TIME ON TRAIN GOING BACK AND FORTH TO DELAWARE VIRTUALLY EVERY NIGHT TAKING CARE OF THOSE TWO FINE YOUNG MEN UNTIL HE WAS FORTUNATE ENOUGH TO MEET JILL BIDEN, HIS BEAUTIFUL WIFE. SO, MR. PRESIDENT, I'M VERY, VERY SORRY THAT JOE HAS HAD TO GO THROUGH THIS TERRIBLE ORDEAL OF LOSING A SON NOW, AFTER HAVING LOST A DAUGHTER. BUT THERE'S NO QUESTION THAT, I REPEAT, THAT DELAWARE IS A BETTER PLACE BECAUSE OF BEAU, OUR COUNTRY IS A BETTER PLACE BECAUSE OF BEAU, THAT THE WORLD IS A BETTER PLACE BECAUSE OF BEAU BIDEN. I AND THE ENTIRE SENATE FAMILY, AS SENATOR McCONNELL HAS INDICATED, UNDERSTAND IS OUR DEEPEST CONDOLENCES AS THEY GRIEVE DURING THIS TRAGIC TIME. MR. PRESIDENT, I WOULD ASK THAT THE NEXT PART OF MY REMARKS APPEAR AT A SEPARATE PLACE IN THE RECORD. THE PRESIDENT PRO TEMPORE: WITHOUT OBJECTION. MR. REID: MR. PRESIDENT, WE ARE HERE NOW FACING YET ANOTHER MANUFACTURED

CRISIS. WITH THEVITE LILY IMPORTANT PATRIOT ACT PROVISIONS SET TO EXPIRE IN A MATTER OF

HOURS, IN A MATTER OF HOURS. N. IN FACT, IN LESS THAN EIGHT HOURS, BEFORE THE EXPIRATION OF THIS CRITICAL NATIONAL SECURITY PROGRAM, THAT'S WHAT WE'RE FACED WITH. TONIGHT'S DEADLINE BUT IS CERTAINLY NO SURPRISE. AS THE JUNIOR SENATOR FROM UTAH, REPUBLICAN, NOTED, "WE'VE KNOWN FOR FOUR YEARS THAT THIS DEADLINE WAS APPROACHING." CLOSE QUOTE. LIKE SO MANY OTHER OCCASIONS IN WHICH BRINKMANSHIP HAS PUSHED THE SENATE AND OUR NATION TO THE PRECIPICE, THE DILEMMA WE NOW FACE WAS COMPLETELY AVOIDABLE. THE JOB OF THE LEADER IS TO HAVE A PLAN. IN THIS CASE, IT IS CLEAR THAT THE MAJORITY LEADER SIMPLY DIDN'T HAVE A PLAN. THE MAJORITY LEADER HAD FIVE MONTHS TO INTRODUCE A BILL FROM COMMITTEE THAT WOULD REFORM AND EXTEND THE EXPIRING PATRIOT ACT PROVISIONS, BUT INSTEAD HE BYPASSED THE COMMITTEES ALTOGETHER AND BROUGHT THIS TO THE FLOOR UNILATERALLY, NO COMMITTEE HEARING, NONE. THE MAJORITY LEADER RECENTLY SAID, NO MORE RULE 14'S. TBHAWBUT THAT PLEDGE HASN'T LASTED VERY LONG, HAS IT? THE MAJORITY LEADER HAS, I REPEAT, FIVE MONTHS -- IN FACT, SPEAKING TO MY FRIEND, THE RANKING MEMBER OF THE JUDICIARY COMMITTEE, THE DEAN OF THE SENATE, HE SAID THIS COULD HAVE PASSED SO EASILY THE LAST TWO YEARS. THE MAJORITY LEADER, THOUGH, HAD FIVE MONTHS DURING THE TIME HE'S BEEN MAJORITY LEADER TO COORDINATE WITH THE HOUSE, WHICH PASSED FISA REFORM WEEKS AGO, BUT INSTEAD HE WENT IT ALONE. IN FACT, IT APPEARS AS IF HOUSE AND SENATE REPUBLICAN LEADERS ARE ON COMPLETELY DIFFERENT PAGES. EVERYONE SAW THIS COMING, EVERYONE SAW THIS COMING. WEEKS AGO IT WAS CLEAR THAT THE SENATE DIDN'T HAVE THE ADEQUATE TIME TO CONSIDER TRADE LEGISLATION, THE SURVEILLANCE LEGISLATION, AND OF COURSE THE HIGHWAY BILL BEFORE THE MEMORIAL DAY RECESS. I SAID THAT, OTHERS SAIDED THAT. LISTEN TO WHAT ONE HOUSE REPUBLICAN -- ONE REPUBLICAN CONGRESSMAN SAID. HIS NAME IS REED RIBBEL. "THE MAJORITY LEADER'S HANDLING OF THIS BILL IS, I QUOTE, "COULD HAVE HANDLED IT IN A BETTER WAY WAY BY BEING MORE PREPARED IN ADVANCE SMS THEY RAN OUT THE CLOCK BASICALLY BY WORKING ON TRADE FIRST. HE PROBABLY SHOULD HAVE RAN THE CLOCK OUT ON SURVEILLANCE INSTEAD. II DON'T KNOW WHAT HIS STRATEGY IS HERE. I'M A LITTLE BIT FLUMMOXED." CLOSE QUOTE. I SAY TO MY FRIEND, THE CONGRESSMAN, HE'S NOT ONLY FLUMMOXED, BUT SO ARE WE. IN SPITE OF THE OLOGY THE WARNING SIGNS, THE SENATE MAJORITY LEADER SET UP A COLLISION COURSE WITH NO PLAN ON HOW TO RESOLVE IT. IT SEEMS THAT THE ONLY PLAN THE MAJORITY LEADER HAD ON FISA WAS TO JAM IT THROUGH LAST FRIDAY NIGHT. THIS DESPITE THE FACT AN OVERWHELMING MAJORITY OF THE HOUSE MEMBERS OPPOSE AN EXTENSION. THE PRESIDENT OPPOSES AN EXTENSION, AND A DOZEN SENATE REPUBLICANS OPPOSE THE EXTENSION AND SO VOTED LAST THURSDAY -- I'M CORK LAST SORRY, LAST FRY FRIDAY, MR. PRESIDENT. IS IT ANY WONDER THAT EVEN THE SENATE'S OWN MAJORITY MEMBERS FELT THE NEED TO TAKE IT INTO THEIR OWN HANDS. REFUSED TO ALLOW THE SENATE TO EXTEND THE PROVISION. BUT AGAIN THE JUNIOR SENATOR FROM KENTUCKY DIDN'T HIDE HIS THOUGHTS. HE CAME AND WAS HERE ON THE FLOOR FOR TEN HOURS OR SO. I DISAGREE WITH THE JUNIOR SENATOR FROM KENTUCKY, BUT WE'RE NOT IN THE MESS TODAY BECAUSE OF THE JUNIOR SENATOR FROM KENTUCKY. WOULDER IN THE MESS WE ARE TODAY BECAUSE OF THE MAJORITY LEADER. THE MAJORITY LEADER SHOULD HAVE SEEN THIS COMING. EVERYONE ELSE DID. EVEN THOSE IN HIS OWN PARTY. MEANWHILE, THE REPUBLICAN LEADER HAS REPEATEDLY LECTURED THIS BODY AS TO HOW IT SHOULD FUNCTION, BUT HIS ACTIONS HAVE HELPED THE SENATE NOT TO FUNCTION. WE CAN DO WITHOUT MORE LECTURES AND DEFIANCE STATEMENTS. WE CAN DO FOR SOME MORE STRATEGY, PLANNING, AND OPEN LINES OF COMMUNICATION. BECAUSE THE MAJORITY LEADER'S JOB TO HAVE A PLAN MUST GET DONE OVER WHAT IT WOULD LIKE TO GET DONE. IN THIS CASE, MY FRIEND FROM KENTUCKY SUMLY DIDN'T HAVE A PLAN. THAT'S WHY WE'RE HERE STARING DOWN THE BARREL OF YET ANOTHER UNNECESSARY MANUFACTURED CRISIS THAT THREATENS OUR NATIONAL SECURITY. THIS IS BIG-TIME STUFF, MR. PRESIDENT. WE'VE HEARD WHAT THE HEAD OF THE C.I.A. SAID TODAY ON THE SUNDAY SHOW. HE'S AFRAID THAT SOMETHING IS GOING TO HAPPEN WHEN THIS ACT EXPIRES. AND THAT'S NOT JUST MY ASSESSMENT OF THE SITUATION OR THE HEAD OF THE C.I.A. EVEN SENATE REPUBLICANS FEEL THE SAME WAY. THE REPUBLICAN JUNIOR SENATOR FROM MONTANA SAID YESTERDAY, "WE COULD HAVE DONE THIS A WEEK AGO. THIS IS THE NATURE OF WASHINGTON. ALWAYS MANUFACTURING BY CRISIS." CLOSE QUOTE. FORTUNATELY, THERE IS A CLEAR WAY OUT. PASS THE U.S.A. FREEDOM ACT WHICH THE HOUSE OVERWHELMINGLY PASSED WITH 338 VOTES ON A TOTALLY BIPARTISAN BASIS. ALL WE NEED IS A FEW MORE REPUBLICAN SENATORS TO VOTE WITH DEMOCRATS AND THE BILL WILL PASS. JUST THREE, MAYBE FOUR, MAYBE FIVE, BUT A FEW SENATORS. ALL WE NEED TO BRING THIS UNNECESSARY CRISIS TO A SCREAMING HALT. I'M CONFIDENT WE CAN PASS THIS BILL IF THE MAJORITY LEADER WOULD BRING IT TO THE FLOOR FOR A FAIR VOTE. NOW, PROCEDURALLY, MR. PRESIDENT, IT'S GOING TO BE EXTREMELY DIFFICULT TO NOT HAVE THIS BILL -- LAW EXPIRE -- NOT A BILL, THIS LAW EXPIRE. ANY OTHER COURSE IN JUST PASSING THIS BILL -- THAN JUST PASSING THIS BILL WOULD REQUIRE THE HOUSE TO ACT BEFORE MIDNIGHT. THEY'RE NOT HERE. SO IT'S NOT GOING TO HAPPEN. THERE'S NOT A QUORUM OF HOUSE MEMBERS AND THERE ARE HOUSE MEMBERS THAT WILL TO BE ANY UNANIMOUS CONSENT REQUEST ANYWAY. PASSING THE U.S.A. FREEDOM ACT IS THE ONLY WAY THAT I CAN FORESEE THAT THE PATRIOT ACT PROVISIONS DO NOT EXPIRE. NOW IS THE TIME FOR THE MAJORITY LEADER TO DO WHAT'S RIGHT FOR THE PRIVACY AND SECURITY OF ALL AMERICANS. I YIELD THE FLOOR. MR. LEAHY: MR. PRESIDENT? THE PRESIDENT PRO TEMPORE: THE SENATOR FROM VERMONT. A SENATOR: MR. PRESIDENT? MR. COATS: MR. PRESIDENT? THE PRESIDING OFFICER: BOTH SENATORS WILL HOLD. UNDER THE PREVIOUS ORDER, THE

LEADERSHIP TIME IS

LESSED. -- IS RESERVED. UNDER THE PREVIOUS ORDER, THE SENATE WILL RESUME CONSIDERATION OF THE MOTION

TO PROCEED

TO H.R. 2048, WHICH THE CLERK WILL REPORT. UNDER THE PREVIOUS ORDER -- THE CLERK: MOTION TO PROCEED TO THE CONSIDERATION OF H.R. 2048, AN ACT TO REFORM THE AUTHORITIES OF THE FEDERAL GOVERNMENT TO REQUIRE THE PRODUCTION OF CERTAIN BUSINESS RECORDS AND SO FORTH AND

FOR OTHER PURPOSES. MR. REID: MR. PRESIDENT? THE PRESIDENT PRO TEMPORE: THE MAJORITY LEADER -- THE MINORITY LEADER. MR. LEAHY: MR. PRESIDENT, WOULD THE DEMOCRATIC LEADER YIELD TO ME FOR A COMMENT? MR. REID: I WOULD BE HAPPY

TO YIELD TO THE SENATOR FOR

A

COMMENT. MR. LEAHY: MR. PRESIDENT, I WAS STRUCK BY WHAT THE DEMOCRATIC LEADER SAID. AND OF COURSE HE LAID OUT THE HISTORY

OF THIS. WE ARE HERE IN

A MANUFACTURED, UNNECESSARY CRISIS. IT'S A MANUFACTURED, UNCRISIS. LAST YEAR, BY ON OVERWHELMING MAJORITY, WE PASSED IMPROVEMENTS TO THE PATRIOT ACT, DID AWAY WITH THE PARTS THAT HAVE NOW BEEN DECLARED I ILLEGAL. WE DID THAT BUT COULD NOT GET PASSED A FILIBUSTER. 58 VOTES. NORMALLY YOU THINK OF 51 VOTES BEING YOU HAVE TO PASS SSMGHT AND THE LEADER RECALLED HOW HARD HE WORKED TO TRY TO GET THAT THROUGH. THE REPUBLICAN LEADER SAID NO, WE'LL WAIT UNTIL NEXT YEAR. WELL, NEXT YEAR CAME. WE HAVE WASTED SO MUCH TIME. THERE'S NOT BEEN A SINGLE HEARING. THERE'S NOT BEEN ANYTHING ON AN ALTERNATIVE. BUT I SAY TO MY FRIEND FROM NEVADA, HE'S ABSOLUTELY RIGHT WHEN HE SAYS THE HOUSE PASSED THIS TWO-TO-ONE, OVERWHELMING, REPUBLICANS AND DEMOCRATS TOGETHER, TO GET RID OF THE ILLEGAL PARTS OF THE PATRIOT, TO PASS AN IMPROVEMENT. WE OUGHT TO JUST TAKE IT UP AND PASS IT. IF WE WERE ALLOWED TO HAVE A STRAIGHT UP-OR-DOWN VOTE IN THIS BODY, I GUARANTEE YOU A MAJORITY OF SENATORS, BOTH PARTIES, WOULD VOTE FOR IT. SO, I JUST WANT TO SAY THAT WHILE THE LEADER IS ON THE FLOOR, AND I'D ASK RECOGNITION IN MY OWN RIGHT. A SENATOR: MR. PRESIDENT? THE PRESIDING OFFICER: THE SENATOR FROM VERMONT. MR. LEAHY: MR. PRESIDENT, BEFORE I BEGIN MY COMMENTS

ON THE U.S.A. FREEDOM ACT, I'M GOING TO SPEAK FOR A MOMENT ON A

PERSONAL MATTER. MARCEL AND I HAVE KNOWN BEAU BIDEN SINCE HE WAS A CHILD. I'M THE LONGEST-SERVING MEMBER OF THIS SENATE. WHEN I CAME HERE, THERE WAS ONE SENATOR WHO WAS ONE TERM SENIOR TO ME. THAT WAS JOE BIDEN. I KNEW THE TRAGEDY HIS FAMILY HAD GONE THROUGH, AND I CHERISHED TIME, WITH HIS OFFICE NEAR MINE, WHEN HIS SONS BEAU AND HUNTER WOULD BE THERE WITH HIM. I WATCHED THEM GROW UP. I SAW BEAU BIDEN BECOME THE EPITOME OF WHAT A, WHAT A STATE'S ATTORNEY GENERAL SHOULD BE. THAT'S A MODEL THAT ALL ATTORNEYS GENERAL THROUGHOUT THE COUNTRY COULD HAVE FOLLOWED. PROGRESSIVE, WORRIED ABOUT IMPROVING THE LAW, IMPROVING PEOPLE'S LIVES; HE DID THAT. I KNOW HOW MUCH WE APPRECIATE WHEN WE SEE HE AND HALLIE AT AN EVENT. WHEN WE GET A CHANCE, MARCEL AND I CAN TALK WITH THEM. IT IS LIKE PICKING UP A CONVERSATION THAT ENDED JUST IF A FEW MINUTES BEFORE. I REMEMBER ONE THING ESPECIALLY ABOUT HIM. I WAS IN IRAQ DURING THE WAR. IT WAS A DAY WHEN IT WAS WELL OVER 100 DEGREES OUT. I WAS BEING BROUGHT TO A PLACE WHERE THERE WAS GOING TO BE A BRIEFING, I WAS BEING ZIPPED INTO THIS BUILDING. THERE WERE A NUMBER OF SOLDIERS WEARING T-SHIRTS, SHORTS AND IDENTIFY -- PLAYING IN THE 100 100-DEGREE HEAT. ONE WITH HIS ARM BLOCKING HIS FACE, I WASN'T SURE WHO IT WAS BUT I WAVED BACK. HE CAME TO THE DOOR. IT WAS BEAU BIDEN. WE GAVE EACH OTHER A BIG HUG. HE WAS THERE AS A CAPTAIN OF THE DELAWARE RESERVES, DECORATED FOR HIS SERVICE. WE TALKED ABOUT WHAT HE WAS DOING. HE WAS PRAISING THE MEN AND WOMEN WHO WORKED THERE. NOTHING ABOUT ANYTHING THAT HE MIGHT DO. HE WAS PRAISING EVERYBODY ELSE. IT WAS SUCH A REFRESHING MOMENT BEING WITH HIM. AND IT WAS SO TYPICAL OF WHAT HE IS AS A PERSON. I TOLD HIM THAT I HAVE A PROCEDURE THAT IF I'M IN ANOTHER COUNTRY AND I'M WITH OUR MILITARY, IF THERE ARE VERMONTERS THERE, I ALWAYS STATE THEIR NAMES. ASK IF THEY HAVE FAMILY BACK HOME IN VERMONT. MOST OF THEM DO. I GET THEIR PHONE NUMBER. AS SOON AS I GET BACK, I CALL THEIR MOTHER OR THEIR FATHER, THEIR HUSBAND, THEIR WIFE, BROTHER OR SISTER, WHOEVER IT MIGHT BE, AND SAY I SAW A MEMBER OF YOUR FAMILY. HERE'S WHAT THEY'RE DOING. THEY LOOK WELL, AND ALL THAT. I TOLD BEAU, LOOK, I'VE KNOWN YOU SINCE YOU WERE A YOUNGSTER. I'LL CALL YOUR FATHER AS SOON AS I CAN AND TELL HIM YOU'RE BEHAVING YOURSELF, YOU'RE DOING A GOOD JOB. AND WE LAUGHED AT THAT. SHORTLY THEREAFTER I GOT ON THE PHONE THAT WE HAD AVAILABLE TO US TO GO TO THE WHITE HOUSE, WHICH THE SWITCHBOARD REACHED THE VICE PRESIDENT AND I STARTED TO SAY, WITH THE PROCEDURE I HAVE, ABOUT JOE BIDEN'S SON. WE STARTED TO LAUGH. I SAID I GOT AN E-MAIL FROM BEAU THAT HE HAD SEEN YOU THERE. WE TALKED ABOUT WHAT BEAU WAS DOING. YOU COULD HEAR THE PRIDE IN HIS FATHER'S VOICE. YOU COULD HEAR HIS PRIDE. IT WAS A PRIDE THAT WAS DESERVED. I REMEMBER JOE SAYING, WHEN WE WERE FIRST HERE IN THE SENATE, THE TWO OF US, HE WAS GOING HOME EVERY NIGHT AND BE ON THE TRAIN HEADING HOME. WHY? NOT AS MUCH EVEN THAT THE KIDS NEEDED HIM, BUT HE NEEDED THEM. FINALLY, WHEN HE MET JILL AND THE BOYS WERE TELLING HIM HE SHOULD MARRY HER. SO I GRIEVE FOR THEM. MARCEL AND I SAT THERE AND CRIED LAST NIGHT WHEN WE HEARD THE NEWS. I THINK WHAT A WONDERFUL FAMILY. I THINK ABOUT LIFE CUT TOO SHORT, FAR TOO SHORT. NOW, MR. PRESIDENT, I CAN AND WILL SAY MORE LATER. BUT ON THE MATTER THE DISTINGUISHED REPUBLICAN LEADER IS TALKING ABOUT -- THE U.S.A. FREEDOM ACT -- WHY DON'T WE JUST TAKE IT UP AND PASS IT. OPPONENTS OF THIS BIPARTISAN COMMONSENSE LEGISLATION HAVE RUN OUT OF EXCUSES. THIS IS A MANUFACTURED CRISIS. AND IT IS. THIS MATTER SHOULD HAVE BEEN TAKEN UP AND VOTED ON UP OR DOWN A MONTH AGO. AND THERE IS ONLY ONE VIABLE AND RESPONSIBLE PATH REMAINING. PASS THE U.S.A. FREEDOM ACT THAT PASSED OVERWHELMINGLY IN THE HOUSE OF REPRESENTATIVES. PASS IT AND SEND IT TO THE PRESIDENT'S DESK AND HE WILL SIGN IT. IF WE DON'T PASS IT, THOSE PARTS OF THE PATRIOT ACT THAT WE, MOST OF US AGREE ON ARE GOING TO EXPIRE AT MIDNIGHT. AND THE IRONY OF IT IS THE U.S.A. FREEDOM ACT OF 2015 IS A CAREFULLY CRAFTED BIPARTISAN COMPROMISE THAT BOTH PROTECTS AMERICA'S PRIVACY BUT ALSO KEEPS THIS COUNTRY SAFE. BEFORE THEY TALK ABOUT WE'RE GOING TO KEEP THE COUNTRY SAFE, BUT AMERICA'S PRIVACY NOT SO MUCH. THIS IS A BILL THAT DOES BOTH. THE LEGISLATION WOULD END THE S.N.A. BULK COLLECTION OF AMERICA'S PHONE RECORDS. IT HAS SIGNIFICANT NEW REFORMS THAT WOULD LIMIT GOVERNMENT, TO INCREASE TRANSPARENCY BUT ALSO PROMOTE GREATER ACCOUNTABILITY AND OVERSIGHT, SOMETHING THE PATRIOT ACT DID NOT HAVE. AND THE BILL IS THE PRODUCT OF COUNTLESS HOURS OF PAINSTAKING NEGOTIATIONS WITH KEY MEMBERS OF BOTH REPUBLICANS AND DEMOCRATIC PARTIES IN THE HOUSE AND SENATE, MEN AND WOMEN I RESPECT SO MUCH BECAUSE THEY WANT TO DO WHAT'S BEST FOR THE COUNTRY, THEY NEGOTIATED WITH THE N.S.A., THE F.B.I., THE JUSTICE DEPARTMENT. PRIVACY AND CIVIL LIBERTIES GROUP, THE TECHNOLOGY INDUSTRY, OTHER KEY STAKEHOLDERS, BROUGHT EVERYBODY TOGETHER. WHEN WE BEGAN, WE WONDERED IF THAT WOULD BE POSSIBLE. WE DID IT. AND THAT'S WHY THE U.S.A. FREEDOM ACT HAS GOT SUCH STRONG SUPPORT. IT GOES ACROSS SUCH GROUPS AS DIVERSE AS THE NATIONAL RIFLE ASSOCIATION AND THE CENTER FOR AMERICAN PROGRESS. THIS BROAD CONSENSUS SAW OVERWHELMING SUPPORT IN THE HOUSE. THEY PASSED IT BY A VOTE OF 338-88. SOME IN THIS COUNTRY SAY THAT NO BRANCH OF GOVERNMENT COULD HAVE A VOTE THAT STRONG TO SAY THE SUN RISES IN THE EAST. CERTAINLY THERE'S BEEN NO MAJOR PIECE OF LEGISLATION IN YEARS. WE'VE SEEN A VOTE OF THAT, 338-88. BUT NOW A MINORITY OF THE SENATE HAS TWICE BLOCKED THE U.S.A. FREEDOM ACT FROM EVEN GETTING A DEBATE ON THE SENATE FLOOR. WE WERE SENT HERE NOT TO VOTE "MAYBE" BUT TO VOTE "YES" OR "NO." LAST NOVEMBER, EVEN THOUGH WE HAD HAD ALL KINDS OF COMMITTEE HEARINGS ON THIS, WE HEARD COMPLAINTS THERE HADN'T BEEN ENOUGH OF A COMMITTEE PROCESS ON THE BILL, AND THE SENATE SHOULD WAIT TO ADDRESS SECTION 215 UNDER THE NEW REPUBLICAN LEADERSHIP. SO THE REPUBLICAN LEADER LED A SUCCESSFUL FILIBUSTER AGAINST A BILL WHICH STILL LAD A MAJORITY OF MEMBERS IN THIS BODY VOTING FOR IT. BUT WHAT'S HAPPENED THIS CONGRESS? NOT A SINGLE PUBLIC HEARING ON THIS ISSUE. NO COMMITTEE PROCESS. THEN LAST WEEKEND THE SENATE WAS PREVENTED FROM DEBATING AND THE OPPONENTS WAS UNABLE TO PRODUCE ALTERNATIVES TO THE BIPARTISAN ACT, THE BILL WHICH CLEARS UP PROBLEMS OF THE PATRIOT ACT. THEY HAVE COME UP WITH NO LEGISLATIVE ALTERNATIVE TO THAT OTHER THAN TO CREATE AN EXTENSION WHICH OF COURSE MAKES NO DIFFERENCE BECAUSE AT MIDNIGHT THE LAW IS BEING SOUGHT. THE TIME FOR INACTION HAS PASSED. THE AMERICAN PEOPLE, THE COMMUNITY OF INTELLIGENCE OFFICIALS DESERVE BETTER. WE HAVE A FEW HOURS REMAINING TO WORK THINGS OUT AND PASS THE U.S.A. FREEDOM ACT, BUT THERE IS NO ROOM FOR ERROR. THERE'S VERY LITTLE TIME. AGAIN, I SAY A MANUFACTURED CRISIS. THE DEADLINE TO ACT IS MIDNIGHT TONIGHT. THE HOUSE WILL NOT RETURN TO THE CAPITOL UNTIL TOMORROW AFTER THE DEADLINE HAS PASSED. WE CAN TALK ABOUT PASSING A 100-YEAR EXTENSION IF WE WANT. IT MAKES NO DIFFERENCE BECAUSE THE TIME WILL PASS. SO IF THE SENATE DOES NOT PASS THE HOUSE-PASSED U.S.A. FREEDOM ACT OR IF WE AMEND IT IN ANY WAY, THE AUTHORITIES ARE GOING TO EXPIRE. I'VE SAID REPEATEDLY MY COSPONSOR OF THE U.S.A. FREEDOM ACT AGREE WITH ME, WE -- SENATOR LEE OF UTAH -- AGREES WITH ME THAT WE'D LIKE TO HAVE A DEBATE ON OUR BILL AND CONSIDER AMENDMENTS BECAUSE OANTS -- OPPONENTS OF REFORM HAVE JAMMED THE CLOCK, WE'RE NOT LEFT WITH VERY MUCH TIME. LET'S GET THIS DONE TODAY. WE PASS THE U.S.A. FREEDOM ACT, THE PRESIDENT CAN SIGN IT TONIGHT, THE INTELLIGENCE COMMUNITY CAN MOVE FORWARD WITH THE CERTAINTY IT NEEDS TO PROTECT THE AMERICAN PEOPLE. SOME MAY ARGUE IF YOU HAD A SHORT-TERM EXTENSION, WHICH OF COURSE WE DON'T HAVE, THEY SAID MAYBE WE COULD WORK OUT A, SOME KIND OF A BILL. LET THERE BE NO MISUNDERSTANDING, THE U.S.A. FREEDOM ACT IS A SOLID, CAREFULLY NEGOTIATED COMPROMISE. FOR ALL THOSE SENATORS ON EITHER SIDE OF THE AISLE, HAVING SPENT THE HOURS AND HOURS AND HOURS THAT SENATOR LEE AND I AND OUR STAFF HAVE SPENT, MAYBE THEY DON'T KNOW THE WORK THAT WENT INTO THIS. AGAIN, HOW YOU GET GROUPS FROM THE LEFT TO THE RIGHT SUPPORTING IT. IT WOULD BE IRRESPONSIBLE TO KICK THE CAN DOWN THE ROAD ONCE AGAIN, RELYING ON THE FALSE HOPE THE HOUSE WILL AGREE TO PASS A SHORT-TERM EXTENSION, SOMETHING THEY SAID THEY WON'T DO. AND THAT WE'LL SOMEHOW BE ABLE TO AGREE TO A HALF-BAKED ALTERNATIVE THAT'S YET TO BE INTRODUCED IN EITHER BODY AND MOST ASSUREDLY WON'T PASS THE HOUSE. DON'T BE FOOLED BY THE PROBLEMS OF A SHORT-TERM EXTENSION. THAT WOULD GUARANTEE NOTHING. WAIT A MINUTE, I TAKE THAT BACK. PASSING A SHORT-TERM EXTENSION DOES GUARANTEE SOMETHING. IT GUARANTEES EXPIRATION OF THE BILL AT MIDNIGHT TONIGHT. IT GUARANTEES MORE UNCERTAINTY, MORE LITIGATION, MORE RISK FOR THE INTELLIGENCE COMMUNITY, AND A REPEAT OF THE CHAOTIC BRINKMANSHIP LATER ON DOWN THE ROAD WITH ANOTHER MANUFACTURED CRISIS. NOW I KNOW THERE ARE SOME WHO WORRY THE BILL DOES NOT GO FAR ENOUGH WHEN IT COMES TO REFORM. WELL, WHERE WERE THEY WITH COMING UP WITH BETTER IDEAS? IF THEY PASSES THE U.S.A. FREEDOM ACT WOULD BE THE MOST SIGNIFICANT SET OF REFORMS OF GOVERNMENT SURVEILLANCE, SOMETHING NEEDED SINCE THE PATRIOT ACT WAS ENACTED. AND THE REASON WE'RE HERE TO EVEN DEBATE IT IS THAT THEN-MAJORITY LEADER DICK ARMEY IN THE HOUSE, AND I PUT IN SUNSET PROVISIONS SO WE WILL HAVE TO SHOW RESPONSIBILITY AND VOTE, AS THE HOUSE DID, THE HOUSE DID BY A FOUR-TO-ONE MARGIN. OUR BILL, SENATOR LEE'S BILL AND MINE WOULD NOT JUST END THE N.S.A.'S BULK COLLECTION OF SECTION 215, IT WOULD ADD NEW TRANSPARENCY TO OVERSIGHT REFORMS TO OTHER SURVEILLANCE AUTHORITIES. AND IT WOULD BE A SOLID FOUNDATION UPON WHICH WE CAN BUILD OUR FUTURE REFORM EFFORTS. I'VE BEEN IN THE UNITED STATES SENATE FOR MORE THAN 40 YEARS. I'VE LEARNED THAT WHEN THERE'S A CHANCE TO MAKE REAL PROGRESS, WE OUGHT TO SEIZE IT. BUT I ALSO KNOW WE CANNOT LET THIS BE THE END OF OUR FIGHT FOR GREATER PRIVACY PROTECTIONS, TRANSPARENCY AND ACCOUNT ACT. I REMEMBER COMMITTED TO FIGHTING THAT FIGHT ON BEHALF OF VERMONTERS AND ALL AMERICANS. SO THE CHOICES BEFORE US THIS EVENING ARE CLEAR -- EITHER LET THESE AUTHORITIES EXPIRE COMPLETELY OR PASS THE U.S.A. FREEDOM ACT. THERE'S NO MORE TIME FOR POLITICAL MANEUVERING OR FEARMONGERING OR SCARE TACTICS. IT'S TIME FOR US TO DO OUR JOBS, DEBATE AND THEN TO VOTE. DON'T DUCK THE VOTE. DON'T DUCK THE VOTE. VOTE UP OR DOWN ON THE BILL THE HOUSE GAVE US. STAND UP AND BE COUNTED EITHER FOR OR AGAINST IT. AS SENATORS, LET'S HAVE THE COURAGE TO DO THAT. THE U.S.A. FREEDOM ACT IS A REASONABLE, RESPONSIBLE WAY FORWARD. WE SHOULD PASS IT TONIGHT. BUT DON'T DUCK BEHIND NOT DOING ANYTHING AND THEN PRETEND THAT'S A SOLUTION. I DON'T THINK THERE'S A SINGLE AMERICAN, REPUBLICAN OR DEMOCRAT IC, WHO WOULD BELIEVE THAT WAS A RESPONSIBLE SOLUTION. MR. PRESIDENT, I YIELD THE FLOOR. THE PRESIDING OFFICER: THE SENATOR FROM INDIANA IS RECOGNIZED. MR. COATS: MR. PRESIDENT, I REGRET ALSO THAT WE ARE WHERE

WE ARE AND WOULD ALSO LIKE TO DEFER FOR JUST A MOMENT BEFORE I MAKE MY REMARKS I CAME DOWN

TO MAKE IN ADDING MY CONDOLENCES TO VICE PRESIDENT BIDEN, HIS WIFE, HIS FAMILY. I JUST LEARNED THE TRAGIC NEWS THIS MORNING. SOME MAY HAVE KNOWN THAT BEAU WAS DEALING WITH A FORM OF CANCER. I DID NOT KNOW THAT. IT CAME AS A SHOCK TO HEAR THAT INFORMATION. HAVING SERVED WITH THE CURRENT VICE PRESIDENT IN THE UNITED STATES SENATE, HAVING GOTTEN TO KNOW HIM AND HIS FAMILY, ESTABLISHING A RELATIONSHIP AND -- PROFESSIONAL RELATIONSHIP BUT ALSO A FRIENDSHIP, I STILL CANNOT BEGIN TO COMPREHEND THE GRIEF THAT COMES FROM THE LOSS OF A CHILD. I KNOW THERE ARE MEMBERS IN THIS BODY WHO HAVE EXPERIENCED THAT. I'M FORTUNATE THAT MARCIA AND I HAVE NOT EXPERIENCED THAT. BUT ANY PARENT'S PERHAPS DEEPEST FEAR IS THAT THEY WILL OUTLIVE THEIR CHILDREN. NOW, THAT'S NOT THE NATURAL ORDER OF THINGS. IT'S NOW HOW WE THINK. AND THE GRIEF THAT COMES FROM THE DEATH OF A CHILD, THE DEATH OF A SON OR A DAUGHTER, IS TRULY DEEP AND HAS SIGNIFICANT IMPACT. IT WAS IMPOSSIBLE NOT TO FEEL THE EMOTION AND SHED THE TEARS. THIS MORNING IN INDIANAPOLIS IN OUR HOME EARLY THIS MORNING WHEN WE HEARD THE NEWS. AND OUR CONDOLENCES AND DEEP SHARING OF SOMETHING THAT WE CAN'T EVEN BEGIN TO FULLY COMPREHEND BECAUSE WE HAVEN'T HAD TO DEAL WITH IT. ALL OF THAT COMES ACROSS. AND I THINK EVERY MEMBER OF THIS BODY REACHES OUT TO THEM WITH OUR THOUGHTS AND OUR PRAYERS AS THEY GO THROUGH THIS VERY TRAGIC SITUATION. MR. PRESIDENT, I'M A LITTLE SURPRISED JUST TO HEAR THE SENATOR FROM VERMONT TALKING ABOUT HOW THE UNITED STATES SENATE OUGHT TO JUST COMPLETELY CONCEDE TO WHATEVER THE HOUSE PASSES OVER HERE. THE FACT OF THE MATTER IS, WE HAD A VERY SIGNIFICANT DISCUSSION AND DEBATE ON THIS ISSUE ALL OF THE WEEK BEFORE THE MEMORIAL DAY BREAK AND IT HAD GONE ON MONTHS, IF NOT YEARS BEFORE WITHIN THE INTELLIGENCE COMMITTEE, ON WHICH I SERVE, AND AMONG MEMBERS. THIS IS ONE OF THE MOST IMPORTANT PIECES OF LEGISLATION THAT WE'LL HAVE TO DEAL WITH. IT WAS DRAFTED AND SPAWNED AS A RESULT OF 9/11 WHEN THE AMERICAN PEOPLE SAID, ARE WE DOING EVERYTHING WE POSSIBLY CAN TO PREVENT SOMETHING LIKE THIS FROM HAPPENING AGAIN? AND CONGRESS DEBATED EXTENSIVELY THE PATRIOT ACT AND THE TOOLS THAT THE INTELLIGENCE COMMUNITY HAD SUGGESTED THAT WE GIVE THEM THE AUTHORITY TO USE TO TRY TO PREVENT THAT CATASTROPHE FROM EVER HAPPENING AGAIN AND DOING EVERYTHING WE COULD TO PREVENT TERRORIST ATTACKS. ALONG THE WAY, THERE HAVE BEEN MODIFICATIONS, THERE HAVE BEEN CHANGES. RECENTLY THERE IS SIGNIFICANT NATIONAL DEBATE OVER WHETHER ONE OF THESE MANY ESSENTIAL TOOLS THAT HELPS US GATHER THE INTELLIGENCE TO TRY TO PREVENT AND TO UNDERSTAND THE NATURE OF THE THREAT ARE USED. AND THERE CLEARLY IS A DIFFERENT OF OPINION. SO WHEN THE SENATOR -- AMONG MEMBERS HERE IN THE SENATE AND EVEN IN THE HOUSE OF REPRESENTATIVES. AND, YES, THE SENATE DID PASS A REFORM MEASURE THAT I THINK IS FLAWED PERSONALLY. I THINK IT DIMINISHES -- IT DOESN'T ELIMINATE BUT IT DIMINISHES AND SOME EVEN BELIEVE IT ELIMINATES THE USEFULNESS OF THIS PARTICULAR PROGRAM. AND SO WE WENT BACK AND FORTH ON THAT FOR THE ENTIRE SIGNIFICANT PART OF THE WEEK BEFORE WE ADJOURNED. AND THE SENATOR FROM VERMONT COMES DOWN AND BASICALLY SAYS, LOOK, THE HOUSE PASSED THIS SO, THEREFORE, WE OUGHT TO JUST GO AHEAD AND PASS IT. HE SAID THERE WAS NO OTHER ALTERNATIVE PRESENTED. BUT THAT WAS NOT THE CASE. WE HAD A VOTE ON THE HOUSE BILL AND WE HAD A PROCEDURAL VOTE ON THE HOUSE BILL AND WE HAD A VOTE ON -- ON THE BILL TO EXTEND THIS SO WE COULD COME -- SPEND A LITTLE MORE TIME TRYING TO FIGURE OUT HOW BEST TO DEAL WITH THIS ISSUE. NEITHER OF THOSE PASSED. INDICATING THAT THE SENATE DID NOT HAVE THE SAME CONSENSUS THAT THE HOUSE REACHED, WHICH WAS PARTIAL CONSENSUS, AND, THEREFORE -- THAT'S WHAT THE SENATE IS ALL ABOUT. WE'RE NOT JUST A RUBBER STAMP FOR THE HOUSE. WHAT'S REALLY IRONIC IS THAT FOR FOUR YEARS UNDER DEMOCRAT LEADERSHIP OF THIS SENATE, THE HOUSE UNDER REPUBLICAN LEADERSHIP, THEY SENT US HUNDREDS OF PIECES OF LEGISLATION AND IF WE FOLLOWED THE SENATOR FROM VERMONT'S ADMONITION TO US, WE WOULD HAVE JUST RUBBER-STAMPED THOSE. I MEAN, THE HOUSE PASSED IT SO WHY WOULDN'T WE GO FORWARD? SO I DON'T THINK THAT ARGUMENT MAKES -- MAKES A LOT OF SENSE. SENATORS ARE HERE TO ADDRESS ISSUES IN THE UNITED STATES SENATE. ARE THERE MANY THINGS THE HOUSE PASSES THAT I AGREE WITH? YES. MY PARTY CONTROLS THE HOUSE. ARE THERE THINGS HERE THAT I DON'T AGREE WITH THAT THEY'VE PASSED? YES, BUT WE AS SENATORS ACT OUR PREROGATIVE IN TERMS TO WEIGH IN ON TERMS OF WHERE WE STAND AND ULTIMATELY WE TAKE A VOTE AND WE EITHER WIN OR LOSE. SOMETIMES IT COORDINATES WITH THE HOUSE OF REPRESENTATIVES AND OTHER TIMES IT DOESN'T BUT THEN WE GO TO CONFERENCE IF WE PASS AN ALTERNATIVE. BUT TO SAY THAT THERE HASN'T BEEN DEBATE RELATIVE TO THIS PROGRAM AND THE PROGRAM THAT THE HOUSE PASSED IS JUST SIMPLY NOT -- NOT TRUE. THERE HAS BEEN SUCH A SIGNIFICANT, UNFORTUNATE MISREPRESENTATION OF WHAT THIS PROGRAM IS AND WHAT THIS PROGRAM ISN'T AND THAT HAS CAUSED A LOT OF ANGST IN WHICH WE'RE TRYING TO DEAL WITH THIS. MUCH OF THE PUBLIC -- AT LEAST SOME PORTION OF THE PUBLIC IS CONVINCED THAT THE GOVERNMENT IS LISTENING TO EVERY PHONE CALL THAT THEY MAKE. IT'S BEEN SAID ON THIS FLOOR THAT THEY'RE LISTENING TO ALL YOUR CALLS, THAT THEY'RE COLLECTING ALL KINDS OF -- THEY KNOW EVERYTHING ABOUT YOU. THAT IS THE FURTHEST FROM THE POINT OF THE PROGRAM AND THE OPERATION OF THIS PROGRAM THAT YOU CAN CONCEIVE OF AND YET A PORTION OF THE PUBLIC HAS BEEN LED TO BELIEVE THAT BIG GOVERNMENT IS IN THEIR BEDROOM, IS IN THEIR HOUSE, IT'S IN THEIR CAR, IT'S IN THEIR PHONE, IT TRACKS THEM WHEREVER THEY GO, THEY'RE COLLECTING EVERYTHING ABOUT YOURSELF, WHAT YOU BUY AT COSTCO, THE MOVIES THAT YOU RENT THROUGH NETFLIX. NOW, THERE ARE PRIVATE INDUSTRY THAT DOES COLLECT THAT KIND OF STUFF BUT IT'S NOT THE GOVERNMENT AND IT'S NOT UNDER THIS PROGRAM. AND THIS PROGRAM, AS A MEMBER OF THE INTELLIGENCE COMMITTEE, I CAN TELL YOU WE HAVE SPENT HUNDREDS OF HOURS, HUNDREDS OF HOURS DEALING WITH THIS PROGRAM TO ENSURE THAT IT DOESN'T VIOLATE ANYONE'S PRIVACY. IT HAS MORE OVERSIGHT THROUGH ALL THREE BRANCHES OF GOVERNMENT GOVERNMENT -- THE EXECUTIVE BRANCH, THE JUDICIAL BRANCH AND THE LEGISLATIVE BRANCH -- OVERSEE THIS. THERE ARE SIX LAYERS WITHIN N.S.A. ITSELF THAT IT HAS TO GO THROUGH, THAT ATTORNEYS HAVE TO LOOK AT, THAT LEGAL EXPERTS HAVE TO LOOK AT BEFORE THEY CAN EVEN PROCEED TO SUSPECT AND TAKE SOMETHING TO A COURT TO HAVE A JUDGE SAY, YEAH, YOU MIGHT HAVE SOMETHING HERE. NOW, IT'S BEEN SAID AND IT IS TRUE THAT UNLESS YOU ARE -- YOUR PHONE NUMBER IS IN COMMUNICATION WITH A FOREIGN PHONE NUMBER, NO ONE -- OR AT LEAST STRONGLY SUSPECTED -- AND ULTIMATELY THE COURT HAS TO MAKE THAT DECISION -- BELONGING TO A TERRORIST ORGANIZATION, A MEMBER OF AL QAEDA, ISIS OR SOME GROUP OVERSEAS THAT IS ATTEMPTING TO DO HARM TO THE UNITED STATES. WHY IS THIS PARTICULAR PHONE NUMBER -- NOT THE NAME WHO OWNS THIS PHONE NUMBER -- BUT WHY IS THIS PARTICULAR PHONE NUMBER BEING CALLED BY SOMEONE IN YEMEN OR BEING CALLED BY WHAT WE SUSPECT STRONGLY IS A FOREIGN OPERATIVE, THROUGH ISIS, AL QAEDA, YEMEN, OTHER POINTS WHERE WE KNOW TERRORIST ACTIVITY IS RAMPANT. THERE'S A SIGNAL THAT COMES UP THAT MATCHES PHONE NUMBERS AND THEY SAY, WE BETTER LOOK INTO THIS. BUT BEFORE THEY CAN LOOK INTO IT, IT HAS TO BE VETTED BY A COURT, IT HAS TO BE TAKEN TO A FISA COURT, FOREIGN INTELLIGENCE COURT, AND JUDGED BY THAT COURT AS SOMETHING VIABLE TO PURSUE. AT THAT POINT, IT'S SIMILAR TO WHAT A COURT WOULD ORDER AS A WARRANT TO GO AND FIND MORE INFORMATION TO SEE WHETHER OR NOT THIS SUSPICION ACTUALLY IS REALITY. NOW, WE READ ABOUT EVERY DAY AND WE WATCH ON TELEVISION, "LAW AND ORDER" AND ALL THE SHOWS AND SO FORTH HOW THE -- THE LAW ENFORCEMENT SUSPECTS THAT THIS PARTICULAR ACTIVITY IS A CRIMINAL ORGANIZATION OR THIS IS A DRUG HOUSE OR WE HAVE REASON TO BELIEVE THAT THE PERPETRATOR OF THE CRIME IS THIS INDIVIDUAL. THEY CAN'T GO RAIDING THEIR HOUSE. THEY CAN'T GO DOWNLOADING THEIR INFORMATION ABOUT THEM UNTIL THEY GO TO A COURT AND RECEIVE APPROVAL FROM A JUDGE THAT, YES, HERE YOU ARE, HERE'S YOUR WARRANT, YOU CAN GO CHECK THIS OUT. WELL, THIS INTELLIGENCE PROGRAM IS BASED ON THE SAME PRINCIPLE AND THAT IS, NOBODY CAN GO AND COLLECT ANY INFORMATION ON ANYBODY UNLESS THAT COURT APPROVES THAT OPERATION. AND THEN IT'S TURNED OVER TO THE F.B.I. AND THEY LOOK TO SEE IF IT'S THE REAL THING. IT IS A TOOL THAT HAS BEEN OF IMPORTANCE AND BEEN A CONTRIBUTION TO OUR ABILITY TO ADDRESS THE POTENTIAL OF TERRORIST THREATS AND TO THWART THEM BEFORE IT HAPPENS. IT'S ALSO BEEN USED AS A WAY OF PROVING THE NEGATIVE AND THAT IS THAT, NO, THIS IS OKAY, WE DON'T NEED TO FOLLOW UP ON THIS. AND THE BEST CASE OF THAT IS THE BOSTON BOMBING. WHEN THE BROTHERS' PHONE WAS ACCESSED AND IT WAS RUN AGAINST THE NUMBERS, THERE WAS SOME SUSPICION THAT THEY WERE -- THERE WERE -- THAT ADDITIONAL TERRORIST ACTIVITY WOULD TAKE PLACE IN NEW YORK AND IT PROVED THAT WAS NOT THE CASE BECAUSE THERE WEREN'T THE CONNECTIONS CAME. AND IT WAS A VALUABLE TOOL IN THAT REGARD. INSTEAD OF SHUTTING DOWN NEW YORK AND PUTTING NEW YORK ON A HIGH TERRORIST ALERT -- PERHAPS THE NATION'S LARGEST ECONOMY IN OPERATION THERE -- THEY WERE ABLE TO QUICKLY DETERMINE THAT THAT WASN'T THE CASE. RELATIVE TO -- YOU KNOW, TO THOSE THAT BASICALLY SAY, THIS HAS NEVER STOPPED A TERRORIST ATTACK. TWO THINGS. NUMBER ONE, THIS IS ONE OF THE VERY MANY METHODS THAT WE USE TO COLLECT THE THREADS OF INTELLIGENCE THAT COME FROM DIFFERENT SOURCES IN TRYING TO PUT TOGETHER THE MOSAIC OR THE PUZZLE AS TO WHETHER OR NOT THIS IS SOMETHING THAT WE NEED TO DEAL WITH AND TAKE IT SERIOUSLY. IT'S A MAJOR PIECE OF THAT PUZZLE THAT WE OBTAIN FROM THE 215 PROGRAM WHICH IS THE COLLECTION OF PHONE NUMBERS -- NOT THE NAMES OF WHO OWNS THOSE NUMBERS -- IT IS THE COLLECTION OF -- OF WHAT'S CALLED METADATA AND IT'S BEEN DESCRIBED AS SIMPLY THE SAME THINGS THAT'S ON YOUR TELEPHONE BILL THAT THE SUPREME COURT HAS SAID IS NOT A BREACH OF THE FOURTH AMENDMENT AND IS NOT PRIVILEGED FOR PRIVACY PURPOSES. IT IS THE DATE THE CALL WAS MADE IT WAS THE DURATION OF THE CALL. IT WAS THE NUMBER THAT WAS CALLED. AND THAT IS IT. THAT'S THE COLLECTION. AND THOSE NUMBERS ARE PUT INTO A SYSTEM WHEREBY WE CAN CHECK AGAINST THAT A NUMBER THAT SUSPICIOUSLY IS TALKING TO A FOREIGN OPERATIVE IN A FOREIGN COUNTRY. AND THAT THEN TRIGGERS -- AUTOMATICALLY TRIGGERS, YOU BETTER LOOK AT THIS. IT'S KIND OF A PING. YOU BETTER LOOK AT THIS ONE. NOBODY HAS ACCESS AT THIS POINT TO ANY CONTENT RELATED TO THAT OR EVEN THE NAME OF THE INDIVIDUAL UNTIL IT REACHES THE LEVEL OF SUSPICION THAT IS VETTED THROUGH SIX LAYERS OF OVERSIGHT AND THEN SENT TO A COURT WHICH LOOKS AT IT TO SAY WE AGREE OR WE DON'T AGREE WITH YOU. AND IF WE AGREE WITH YOU, THEN IT IS -- THE F.B.I. IS ALERTED AND THEY SAY, YOU BETTER LOOK INTO THIS. NOW, THERE HAS NEVER BEEN A TIME SINCE 9/11 WHEN WE HAVE DEALT WITH A HIGHER THREAT THRESHOLD THAN WE CURRENTLY ARE DEALING WITH. YOU HEAR ABOUT IT EVERY DAY, YOU READ ABOUT IT EVERY DAY. ISIS HAS RECRUITED MORE THAN 20,000, IT IS ESTIMATED, SIGNIFICANTLY MORE THAN THAT OF THOSE FROM FOREIGN -- 90 DIFFERENT FOREIGN COUNTRIES. IT HAS MADE A DIRECT THREAT TOWARD THE UNITED STATES AND ITS CITIZENS. IT IS SPONSORING AND ENCOURAGING INDIVIDUALS TO NOT ONLY COME OVER AND TRAIN AND JOIN ISIS AND THEN COME BACK HERE AND WREAK HAVOC ON THE AMERICAN PEOPLE, IT ALSO IS INSPIRING THOSE, SAYING IF YOU DON'T WANT TO TRAVEL OVER HERE, JUST GO OUT AND KILL SOMEBODY. JOIN THE JIHAD FROM AFAR. YOU CAN BE PART OF WHAT WE'RE TRYING TO ACCOMPLISH SIMPLY BY DOING YOUR OWN THING. WE SAW THAT HAPPEN DOWN IN TEXAS. WE'RE GOING TO SEE THAT HAPPEN IN OTHER PLACES AS PEOPLE ARE INSPIRED THROUGH ISIS TO, FOR WHATEVER SICK REASON, TO TAKE UP ARMS, TO CAUSE DESTRUCTION AND TO RANDOMLY KILL AND WREAK HAVOC ON THE AMERICAN PUBLIC. IT'S BEEN OFFERED THAT THE HOUSE FIX THE REFORM WHICH DID HAVE BIPARTISAN SUPPORT AND DID PASS THE HOUSE WITH NOT A LOT OF -- WITHOUT A LOT OF DEBATE. IT IS THE SOLUTION TO THIS PROBLEM. SOME AGREE THAT IT GOES TOO FAR. SOME AGREE THAT IT DOESN'T GO FAR ENOUGH. BUT THERE ARE PROBLEMS WITH THAT PARTICULAR FREEDOM ACT, WHICH THE SENATOR FROM VERMONT SAYS IS THE GOLDEN GRAIL HERE AND WILL SOLVE ALL THE PROBLEMS, IT IS CLEAR AND AS THE SYSTEM THAT WE HAVE RECEIVED FROM NUMEROUS OFFICIALS IN THE COUNTERTERRORISM BUSINESS AND IN THE INTELLIGENCE BUSINESS, IT IS CLEAR THAT THERE ARE ISSUES WITH THIS SO-CALLED FREEDOM ACT FIX THAT COULD RENDER -- WELL, NUMBER ONE, DO RENDER THE PROGRAM LESS EFFECTIVE AND COULD RENDER IT TOTALLY INOPERATIVE. THE FACT THAT THE N.S.A. HAS NOT YET BEEN ABLE TO COME UP WITH A PROGRAM WHICH WOULD ENSURE THAT WE COULD HAVE THE KIND OF COLLECTION WE NEED ON THE TIME FRAME THAT WE NEED IT, SOME OF THIS IS URGENT AND SOME OF THIS IS PENDING AND SOME OF THIS IS IMMINENT AND IT ALREADY GOES THROUGH LAYERS THAT DELAY COMING TO A CONCLUSION AND THIS ADDS MORE, BUT IT ALSO MAY HAVE INDICATED THAT THIS SYSTEM IS UNTESTED AND EXISTS ONLY IN NAME ONLY. WE DON'T KNOW HOW THE NEW PROGRAM WOULD BE IMPLEMENTED AND WE DON'T KNOW HOW IT WOULD BE OPERATED, AND THAT'S WHY MANY OF US SAID LOOK, FOR WHATEVER REASON WE'RE AT THIS POINT AND YET IT EXPIRES AT MIDNIGHT, BUT WHAT WE WERE TRYING TO DO BEFORE WE LEFT WAS GET A SHORT-TERM EXTENSION. WE WERE NEGOTIATING -- WE THINK IT SHOULD HAVE BEEN FOR A SIGNIFICANT AMOUNT OF TIME UNTIL N.S.A. COULD TEST OUT ITS PROGRAM, BUT WE'RE WILLING TO GO MUCH LESS THAN THAT SO WE WOULD HAVE THE OPPORTUNITY TO COME BACK AND DEBATE THIS FURTHER AND GET TO SOME OF THE BOTTOM OF SOME OF THE MISREPRESENTED INFORMATION THAT HAS BEEN SENT OUT TO THE AMERICAN PEOPLE AND HAVE AN OPPORTUNITY TO COUNTER THAT, AND ALSO WORK TOGETHER TO FIND WAYS THROUGH WORKING WITH THE HOUSE OF REPRESENTATIVES TO COME UP WITH A MORE EFFECTIVE BILL THAT WOULDN'T PUT THE COUNTRY AT MORE JEOPARDY OR AS SOME EXPERTS HAVE SAID UNDERMINE THE ENTIRE PROGRAM. WE WILL OBVIOUSLY BE LESS AGILE WITH THE HOUSE BILL. IT REQUIRES AN EXPANSIVE REGULATORY SYSTEM TO MASK THE LEVEL OF OVERSIGHT UNDER THE CURRENT PROGRAM. I THINK THE REAL PROBLEM HERE IS IT REQUIRES NO RETENTION -- DATA RETENTION MANDATE. THE U.S.A. FREEDOM ACT DOES NOT REQUIRE COMPANIES TO HOLD THE DATA SOUGHT BY THE GOVERNMENT, AND THEREFORE THE U.S. FREEDOM ACT COULD BE OPERATIONALLY USELESS AS COMPANIES UPDATE THEIR BUSINESS MODEL IN RESPONSE TO CHANGES IN TECHNOLOGY OR MARKET DEMAND. THE TELEPHONE COMPANIES, ALL 1,400 OF THEM, MANY DON'T WANT TO GO THROUGH THE EXPENSIVE PROCESS, THROUGH THE OVERSIGHT THAT THEY NEED TO HAVE PROCESS. THEY WANT TO SELL PHONES. THEY ARE HEARING A LOT FROM CUSTOMERS THAT BASICALLY SAY I DON'T WANT TO BUY YOUR PHONE IF IT'S GOING TO BE SUBJECT TO THEM LISTENING TO WHATEVER I DO AND SAY IS COLLECTED. WELL, FIRST OF ALL, THAT IS FACTUALLY WRONG BUT IT'S A NARRATIVE THAT HAS BEEN SAID OVER AND OVER ON THIS FLOOR BY SOME MEMBERS THAT IS ABSOLUTELY WRONG. IT'S JUST FALSE. WE NEED TO HAVE -- IF WE'RE GOING TO GO FORWARD HERE, WE NEED SOME INTELLECTUAL HONESTY ABOUT WHAT THE PROGRAM IS AND WHAT IT ISN'T, AND IT SHOULDN'T BE LABELED AS SOMETHING THAT IT ISN'T. I CAN -- I WILL ADDRESS THAT AT A LATER POINT IN TIME. BUT THE FREEDOM ACT BY NOT ALLOWING RETENTION FOR A FIXED PERIOD OF TIME ALSO LESSENS OUR ABILITY TO MAKE THIS PROGRAM EFFECTIVE. SO, MR. PRESIDENT, THIS IS -- I HAVE MUCH MORE TO SAY ON THIS. I KNOW WE'RE GOING INTO A CAUCUS AS A PART TO SEE HOW WE MIGHT GO FORWARD HERE. GIVEN WHERE WE ARE. IT WAS NOT NECESSARY THAT WE BE HERE ON A SUNDAY WITH THE CLOCK TICKING TOWARD MIDNIGHT. WE COULD HAVE CONTINUED OR WE COULD HAVE GONE FORWARD WITHOUT GETTING TO THIS PARTICULAR POINT IN TIME, BUT NOW WE'LL HAVE THE OPPORTUNITY AND UNFORTUNATELY WHAT IT LOOKS LIKE IS WE'LL HAVE THE OPPORTUNITY TO DEBATE THIS WHILE THE PROGRAM EXPIRES. THAT IS A BET I DIDN'T WANT TO TAKE, THE BET BEING NOTHING WILL HAPPEN IF WE DON'T HAVE THIS TOOL IN THE AMOUNT OF TIME THAT'S GOING TO BE TAKEN TO NOW ADDRESS THIS. THAT'S RUNNING A RISK, AND I'M NOT SURE -- THAT I'M NOT SURE MEMBERS WANT TO TAKE. I DON'T WANT TO BE PART OF SOMEBODY WHO SAYS WELL, THIS ISN'T IMPORTANT ENOUGH, AND THEREFORE WE'LL JUST LET IT EXPIRE AND WE WON'T EXTEND IT FOR A DAY, AN HOUR, A MONTH, A SUFFICIENT AMOUNT OF TIME TO COME TO A REASONABLE CONCLUSION AS TO HOW WE WOULD RETAIN THIS VERY IMPORTANT INTELLIGENCE-GATHERING TOOL. JUST KEEP US SAFE FROM TERRORISTS. BUT TO GO DARK ON THIS IS A RISK OF AMERICANS' LIVES. IT'S A RISK THAT WE ARE TAKING, THAT WE'RE GOING TO BE RESPONSIBLE FOR OUR VOTE, WHATEVER THAT VOTE IS. I PERSONALLY DON'T WANT THE RESPONSIBILITY OF SAYING OH, DON'T WORRY, NOTHING'S GOING TO HAPPEN OUT THERE. THE HUNDREDS OF HOURS THAT I SPEND IN THE INTELLIGENCE COMMITTEE TELLS ME THERE'S A LOT THAT COULD HAPPEN OUT THERE. AND MEMBERS HAVE EVERY RIGHT IF THEY ARE NOT ON THAT COMMITTEE, EVERY RIGHT TO ACCESS WHAT WE ACCESS. WE'VE INVITED PEOPLE DOWN TO COME AND SEE IT FOR THEMSELVES SO THAT THEY AT LEAST UNDERSTAND WHAT IT IS AND WHAT IT ISN'T. TO MY KNOWLEDGE, ONLY TWO HAVE TAKEN US UP ON THAT. THERE MAY BE MORE THAT I HAVE MISSED. BUT SOME OF THOSE WHO HAVE STATED THIS PROGRAM IN A TOTALLY FALSE WAY HAVE THE SIREN SONG TO PEOPLE OUT THERE THAT THINK BIG GOVERNMENT IS IN THEIR BEDROOM, BIG GOVERNMENT IS TAKING EVERY PIECE OF INFORMATION THAT THEY HAVE ABOUT THEMSELVES, BIG GOVERNMENT IS STORING THIS AND -- QUOTE -- LISTENING TO ALL YOUR PHONE CALLS, IS A BUNCH OF HOKUM AND IT'S WRONG, AND FOR THOSE WHO REFUSE TO STAND UP AND ACKNOWLEDGE THAT BECAUSE THEY HAVE HAD ACCESS TO THE PROGRAM BUT REFUSE TO TAKE THAT ACCESS HAVE TO BEAR THE RESPONSIBILITY OF SOWING THIS WILD THEORY AND IDEA ABOUT BIG GOVERNMENT IN YOUR BEDROOM, BIG GOVERNMENT IN YOUR CAR, BIG GOVERNMENT ON YOUR PHONE, BIG GOVERNMENT COLLECTING YOUR EMAILS AND BIG GOVERNMENT DOING EVERYTHING AND STORING IT UNTIL THE TIME WHEN BIG GOVERNMENT TAKES AWAY EVERYTHING FROM YOU. I DIDN'T COME HERE TO DO THAT AND THIS SENATE DIDN'T COME HERE TO DO THAT AND WE WILL NOT DO THAT, AND THAT'S WHY THIS PROGRAM HAS MORE OVERSIGHT THAN ANY OTHER PROGRAM IN THE ENTIRE UNITED STATES GOVERNMENT, AND WE WILL PUT MORE OVERSIGHT ON THERE IF THAT'S NECESSARY. I'LL STAY UP ALL NIGHT AND STAND OVER THE N.S.A. AND MAKE SURE THEY'RE NOT LISTENING TO YOUR PHONE CALL. BUT IT'S IRRESPONSIBLE, IT IS MISREPRESENTATION, IRRESPONSIBLE MISREPRESENTATION TO FACTUALLY STATE A FALSITY AND NOT TELL THE TRUTH, AND IT'S TIME WE -- IT'S TIME WE TOLD THE TRUTH AND IT'S TIME WE STOOD UP TO THIS THING AND MADE SURE THAT WE'RE DOING EVERYTHING WE CAN TO PROTECT AMERICANS FROM THREATS OF A LOT OF PEOPLE AND A LOT OF ORGANIZATIONS THAT WANT TO KILL US ALL, THAT WOULD LIKE TO SEE US -- SEE OUR HEADS ON THE CHOPPING BLOCK. AND THIS IS REAL IN OUR COUNTRY AS MEMBERS NOT ONLY FLOCK -- PEOPLE NOT ONLY FLOCK BACK FROM SYRIA TRAINED BY ISIS BUT THEY INSPIRE PEOPLE HERE TO PICK UP WEAPONS AND DO AND HARM THE AMERICAN PEOPLE. I KNOW THE SENATOR HAS A QUESTION. MR. PAUL: MR. PRESIDENT. MR. PRESIDENT. MR. COATS: MR. PRESIDENT, I HAVE NOT YIELDED THE FLOOR. MR. PAUL: MR. PRESIDENT, I WANT --

MR. McCAIN: I

WANT REGULAR ORDER. THE SENATOR FROM KENTUCKY NEEDS TO LEARN THE RULES OF THE SENATE. MR. COATS: I WOULD BE HAPPY TO YIELD TO THE SENATOR FROM

ARIZONA FOR A QUESTION. MR. McCAIN: MAYBE THE SENATOR FROM KENTUCKY SHOULD KNOW THE RULES OF THE SENATE THAT A GENTLEMAN HAS THE

FLOOR AND IS OPEN TO A RESPONSIVE QUESTION.

MY QUESTION IS TO THE SENATOR FROM INDIANA AND I WANT TO SAY THAT HIS WORDS ARE POWERFUL AND ACCURATE. MR. PAUL: MR. PRESIDENT, HOW MUCH TIME REMAINS ON THE CLOCK ON THE REPUBLICAN SIDE? MR. McCAIN: I ASK THE SENATOR FROM INDIANA IF HE HAS SEEN -- MR. PAUL: MR. PRESIDENT, HOW MUCH TIME IS REMAINING? MR. McCAIN: I ASK

FOR THE REGULAR ORDER, MR. PRESIDENT. THE PRESIDING OFFICER: I THINK THE CHAIR HAS

MADE VERY CLEAR THAT THE SENATOR FROM INDIANA HAS

THE FLOOR. MR. COATS: MR. PRESIDENT, I THANK YOU. I

KNOW THE SENATOR FROM KENTUCKY UNDERSTANDS THAT WHEN

A SENATOR HAS THE FLOOR, THEY ARE ENTITLED TO SPEAK. MR. McCAIN: TWICE THE SENATOR FROM

KENTUCKY HAS NOT OBSERVED THE RULES OF THE SENATE. I WOULD ASK YOU, THE SENATOR FROM INDIANA, YOU HAVE SEEN THE EVENTS

LATELY THAT ARE TRANSPIRING. ISIS HAS TAKEN PALMYRA. THEY ARE IN THE STREETS BURNING BODIES, KILLING PEOPLE, GOING TO DESTROY 2,000-YEAR-OLD AN ANTIQUITIES. AT THE SAME TIME, RAMADI HAS FALLEN WITH THOUSANDS OF INNOCENT MEN, WOMEN AND CHILDREN BEING MASSACRED. AND AT THIS TIME ISN'T THIS PROGRAM AS CRITICAL AS IT'S EVER BEEN SINCE ITS INCEPTION, GIVEN THE FACT THAT THE MIDDLE EAST IS LITERALLY ON FIRE AND WE ARE LOSING EVERYWHERE? MR. COATS: IT IS MORE ESSENTIAL THAN EVER, IN RESPONSE TO THE QUESTION OF THE SENATOR FROM ARIZONA. IT IS MORE NECESSARY THAN EVER AS WE HAVE SEEN A HIGHER THREAT LEVEL

SINCE 9/11. OF COURSE, WE DIDN'T KNOW WHAT THE THREAT WAS IN 9/11, SO I DON'T KNOW HOW FAR WE HAVE TO GO BACK, BUT OUR INTELLIGENCE TODAY , WHETHER IT'S ANY ASPECT OF ANY OF OUR INTELLIGENCE AGENCIES, ARE SOUNDING THE ALARM THAT WE NEED TO BE AS VIGILANT AS POSSIBLE. WE NEED TO WITHIN THE LAW AND WE ARE OPERATING WITHIN THE LAW USE EVERY TOOL POSSIBLE TO TRY TO STOP AN ATTACK ON THE AMERICAN PEOPLE. 9/11 WAS A CATASTROPHE THAT NONE OF US COULD HAVE COMPREHENDED. 9/11 IN THE POSSESSION OF NUCLEAR RADIOACTIVE, BIOLOGICAL OR CHEMICAL WEAPONS WOULD MAKE NEW YORK LOOK LIKE JUST A SMALL INCIDENT. THERE WOULD BE THREE MILLION PEOPLE INSTEAD OF 3,000 PEOPLE. I THINK WE HAVE AN OBLIGATION HERE TO DO WHAT WE CAN WITHOUT INVADING ANYONE'S PRIVACY. WHAT WE'RE TRYING TO FIND HERE IS THIS BALANCE BETWEEN PROTECTING PRIVACY AND PROTECTING OURSELVES FROM TERRORIST ATTACKS AND PROTECTING AMERICANS FROM TERRORIST ATTACKS, AND WE HAVE DONE THAT WITH THIS PROGRAM. NOW, IF WHAT HAS BEEN SAID ABOUT THIS PROGRAM WAS TRUE, THAT THE FALSEHOODS THAT HAD BEEN SAID WERE TRUE, I WOULD BE THE FIRST TO LINE UP AND SAY NO, WE CAN'T BREACH THE PRIVACY OF THE AMERICAN PEOPLE BY DOING WHAT THEY'RE DOING, BUT THE FACT IS NONE OF IT'S TRUE. THERE HAS NOT BEEN ONE, ONE ACT OF ABUSE OF THIS PROGRAM OVER THE YEARS IT'S BEEN IN PLACE. IT HAS MORE OVERSIGHT AND LAYERS OF OVERSIGHT. AS THE FORMER ATTORNEY GENERAL MUKASI SAID WELL, FOR THE GOVERNMENT TO BYPASS THIS, IT WOULD MAKE WATERGATE LOOK LIKE KINDERGARTEN ACTIVITY. IT WOULD BE A CONSPIRACY THAT WOULD INCLUDE HUNDREDS OF PEOPLE, AND THEY WOULD ALL HAVE TO SWEAR THAT THEY WOULD NOT BREACH THEIR CONSPIRATORIAL PROCESS HERE. AND SO A PROGRAM THAT IS OVERSEEN BY THE JUDICIARY COMMITTEE, BY THE SENATE INTELLIGENCE COMMITTEE, THE HOUSE INTELLIGENCE COMMITTEE, THE BODY OF THE SENATE ACCESS TO THIS, THE BODY OF THE HOUSE, THAT'S 535 PEOPLE, BY THE EXECUTIVE BRANCH, A PROGRAM THAT WAS ENDORSED BY BARACK OBAMA, UNTIL HE CHANGED HIS MIND, APPARENTLY, BECAUSE THE PUBLIC WAS GOING THE OTHER WAY BASED ON FALSE INFORMATION. WHY PEOPLE ARE OUT HERE BASICALLY MAKING THE ACCUSATION THAT IS THEY ARE MAKING AND TRYING TO TAKE THIS DOWN, AND ALL WE'RE TRYING TO DO IS WORK WITH THE HOUSE TO TRY TO FIND A REASONABLE WAY OF KEEPING THIS TOOL ALIVE, KEEPING AMERICANS SAFE. SO THAT'S MY RESPONSE TO THE SENATOR. MR. McCAIN: WOULD THE SENATOR YIELD FOR A FURTHER QUESTION? THE PRESIDING OFFICER: WOULD THE SENATOR SUSPEND? UNDER PREVIOUS ORDER, ALL TIME FOR DEBATE HAS EXPIRED. MR. PAUL: MR. PRESIDENT, MY UNDERSTANDING

IS THERE IS STILL FIVE MINUTES REMAINING ON THE OPPOSITION SIDE, AND I REQUEST

THAT TIME. MR.

COATS: MR. PRESIDENT. THE PRESIDING OFFICER: IS THERE OBJECTION? MR. McCAIN: I OBJECT. MR. PAUL: HOW CAN WE HAVE AN OBJECTION WHEN WE ALREADY HAVE A CONSENT AGREEMENT THAT SAYS WE HAVE 30 MINUTES OF EQUALLY DIVIDED

TIME AND YOU STILL

HAVE FIVE MINUTES REMAINING ON THE OPPOSITE

SIDE, MR. PRESIDENT? THE PRESIDING OFFICER: THE TIME WAS DIVIDED IN THE USUAL FORM AND THE TIME FOR DEBATE HAS EXPIRED. MR. PAUL: THE TIME COULDN'T HAVE

BEEN DIVIDED EQUALLY BECAUSE SOMEBODY MUST HAVE GIVEN ONE SIDE MORE TIME THAN THE

OTHER. THE PRESIDING OFFICER: THE FIVE MINUTES OF TIME THAT WAS ALLOTTED TO THE DEMOCRAT SIDE WAS UNUSED AND IT WAS DIVIDED AT 23 MINUTES

APIECE. MR. PAUL: MR. PRESIDENT, I WAS HERE FOR 30 MINUTES OF THE REPUBLICAN SIDE SPEAKING. I SAT IN MY SEAT FOR 30 MINUTES. IT WAS NOT

23 MINUTES OF EQUALLY DIVIDED TIME. MR. McCAIN: REGULAR ORDER. OBVIOUSLY PEOPLE DON'T KNOW THE RULES OF THE SENATE. MAYBE THEY SHOULD RULE -- MR. PAUL: I WOULD REQUEST THE REMAINING FIVE MINUTES OF

TIME ON THE OPPOSITE SIDE. THE PRESIDING OFFICER: IS THERE OBJECTION TO THE REQUEST OF THE SENATOR FROM KENTUCKY? A SENATOR: I

OBJECT. MR. PAUL: I CHALLENGE THE RULING OF THE CHAIR

AND REQUEST THE YEAS AND NAYS. THE PRESIDING OFFICER: IS

THERE A SUFFICIENT SECOND? THERE IS NOT A SUFFICIENT SECOND. MR. PAUL: MR. PRESIDENT, I

REQUEST A LIVE QUORUM CALL. THE PRESIDING OFFICER: THE CLERK WILL CALL THE

ROLL.

QUORUM CALL: MR. PAUL: MR. PRESIDENT? THE PRESIDING OFFICER: THE SENATOR FROM KENTUCKY. MR. PAUL: I ASK UNANIMOUS CONSENT TO CALL OFF THE LIVE QUORUM CALL AND TO SPEAK FOR FIVE MINUTES REMAINING AS WAS REQUESTED

PREVIOUSLY AND

AS WAS UNDER THE

CONSENT. THE PRESIDING OFFICER: THE CONSENT IS NOT IN ORDER IN A QUORUM CALL. MR. PAUL: MR. PRESIDENT, I ASK CONSENT TO CALL

OFF THE QUORUM CALL. THE PRESIDING OFFICER: IS THERE OBJECTION? WITHOUT OBJECTION. YOU MAY

PROCEED. MR.

PAUL: MR. PRESIDENT, I ASK CONSENT TO SPEAK FOR FIVE MINUTES, THE FIVE MINUTES THAT WAS REMAINING ON THE OPPOSITION SIDE. THE PRESIDING OFFICER: IS THERE OBJECTION? NONE HEARD.

THE SENATOR FROM KENTUCKY CAN PROCEED. MR. PAUL: LET US BE VERY CLEAR WHY WE'RE HERE THIS EVENING. WE ARE HERE THIS EVENING

WAS THIS IS AN IMPORTANT DEBATE. THIS IS A DEBATE OVER THE BILL OF RIGHTS. THIS IS

A DEBATE OVER THE FOURTH AMENDMENT. THIS IS A DEBATE OVER YOUR RIGHT TO BE LEFT ALONE. JUSTICE BRANDEIS SAID THAT THE RIGHT TO BE LEFT ALONE IS THE MOST CHERISHED OF RIGHTS. THE RIGHT TO BE LEFT ALONE IS THE MOST PRIZED TO CIVILIZED MEN. LET US BE CLEAR, WE ARE HERE TONIGHT BECAUSE THE PRESIDENT CONTINUES TO CONDUCT AN ILLEGAL PROGRAM. THE PRESIDENT HAS BEEN REBUKED BY THE COURT, THE PRESIDENT HAS BEEN TOLD IN NO -- IN EXPLICIT TERMS, THE PRESIDENT HAS BEEN TOLD THAT THE PROGRAM HE IS CONDUCTING IS ILLEGAL. NOW, THE PRESIDENT OWE PINES ON -- OPINES ON TELEVISION, HE SAYS ANYBODY BUT ME. BUT YOU KNOW WHAT? THE PRESIDENT STARTED THIS PROGRAM WITHOUT CONGRESSIONAL PERMISSION. EVEN THE AUTHORS OF THE PATRIOT ACT SAY THE PATRIOT ACT IN NO WAY GIVES AUTHORITY TO THE PRESIDENT TO COLLECT ALL OF YOUR PHONE RECORDS ALL OF THE TIME. IF THERE EVER WAS A GENERAL WARRANT, IF THERE EVER WAS A GENERALIZED COLLECTION OF INFORMATION FROM PEOPLE TO WHICH THERE IS NO SUSPICION, THIS IS IT. WE ARE NOT COLLECTING THE INFORMATION OF SPIES. WE ARE NOT COLLECTING THE INFORMATION OF TERRORISTS. WE ARE COLLECTING ALL AMERICANS CITIZENS' RECORDS ALL OF THE TIME. THIS IS WHAT WE FOUGHT THE REVOLUTION OVER. ARE WE GOING TO SO BLITHELY GIVE UP OUR FREEDOM, ARE WE GOING TO SO BLITHELY GO ALONG AND JUST SAY TAKE IT? WELL, I'M NOT GOING TO TAKE IT ANYMORE. I DON'T THINK THE AMERICAN PEOPLE ARE GOING TO TAKE IT ANYMORE. 80% OF THOSE UNDER 40 SAY WE'VE GONE TOO FAR. THAT THIS WHOLE COLLECTION OF ALL OF OUR RECORDS ALL THE TIME IS TOO MUCH. THE COURT HAS SAID HOW CAN RECORDS ARE RELEVANT TO AN INVESTIGATION THAT HASN'T STARTED? THE COURT HAS SAID THAT EVEN UNDER THESE LOWER STANDARDS, EVEN UNDER THESE STANDARDS OF SAYING IT WOULD BE RELEVANT, THAT ALL OF THE STUFF THEY'RE COLLECTING IS PRECISELY IRRELEVANT. NOW, PEOPLE SAY, WELL, THEY'RE NOT LOOKING AT IT. THEY'RE NOT LISTENING TO IT. IT'S THE TIP OF THE ICEBERG WHAT WE'RE TALKING ABOUT HERE. AND REALIZE THAT THEY WERE DISHONEST ABOUT THE PROGRAM UNTIL WE CAUGHT THEM. THEY KEPT SAYING OVER AND OVER AGAIN WE'RE NOT DOING THIS, WE'RE NOT COLLECTING YOUR RECORDS, AND THEY WERE. THE HEAD OF THE INTELLIGENCE AGENCY LIED TO THE AMERICAN PEOPLE, AND HE STILL WORKS HERE. WE SHOULD BE UPSET, WE SHOULD BE MARCHING IN THE STREETS AND SAYING HE'S GOT TO GO. WE CAN'T ALLOW THIS. WE CAN'T ALLOW THE RULE OF LAW TO BE SO TROD UPON THAT WE LIVE IN AN ARBITRARY GOVERNMENTAL WORLD WHERE THEY COLLECT ANYTHING THEY WANT, ANY TIME THEY WANT. THIS IS THE TIP OF THE ICEBERG. THEY'RE COLLECTING RECORDS THROUGH EXECUTIVE ORDER. THEY'RE COLLECTING RECORDS THROUGH SECTION 702. PEOPLE SAY HOW WILL WE PROTECT OURSELVES WITHOUT THESE PROGRAMS? WHAT ABOUT USING THE CONSTITUTION? WHAT ABOUT USING JUDICIAL WARRANTS? THE BOSTON BOMBER, THEY SAY HOW WILL WE LOOK AT HIS PHONE RECORDS? GET A WARRANT. PUT HIS NAME ON IT. YOU CAN GET A WARRANT. THERE'S NO REASON IN THE WORLD, THE GUY HAD ALREADY BOMBED US. DO YOU THINK ANYBODY WAS GOING TO TURN DOWN A WARRANT? WE SHOULD HAVE GOTTEN A WARRANT BEFORE. GET WARRANTS ON PEOPLE WE HAVE SUSPICION ON. THE SIMPSON GUY WHO WAS SHOT IN GARLAND, HE HAD ALREADY BEEN ARRESTED. WE HAD SUSPICION. LET'S HIRE A THOUSAND MORE F.B.I. AGENTS. LET'S HIRE PEOPLE TO DO THE INVESTIGATION AND QUIT WASTING TIME ON INNOCENT AMERICAN PEOPLE. LET'S BE VERY CLEAR WHY WE'RE HERE. PRESIDENT OBAMA SET THIS PROGRAM UP, THE PRESIDENT OBAMA WHO ONCE WAS AGAINST THE PATRIOT ACT, THE PRESIDENT OBAMA WHO SAID YOU KNOW WHAT, WE SHOULD HAVE JUDGES WRITE WARRANTS. THE PRESIDENT WHO ONCE BELIEVED IN THE FOURTH AMENDMENT IS THE PRESIDENT NOW SCOOPING UP ALL YOUR RECORDS ILLEGALLY AND THEN HE FEIGNS CONCERN AND SAYS WE NEED TO PASS THIS NEW BILL. HE COULD STOP IT NOW. WHY WON'T SOMEONE ASK THE PRESIDENT WHY DO YOU CONTINUE? WHY WON'T YOU STOP THIS PROGRAM NOW? THE PRESIDENT HAS EVERY ABILITY TO DO IT. WE HAVE EVERY ABILITY TO MAKE OUR NATION SAFE AND I INTEND ON PROTECTING THE CONSTITUTION. THE PRESIDING OFFICER: TIME HAS EXPIRED. UNDER THE PREVIOUS ORDER, THE SENATE STANDS IN RECESS SUBJECT TO THE CALL OF

THE PROVISIONS