Richard Burr

Mr. BURR

Mr. BURR. Mr. President, I ask for the yeas and nays.

Mr. BURR

Mr. BURR. Mr. President, this Memorial Day weekend is the 56th anniversary of Charlotte Motor Speedway's annual tribute that brings together more than 110,000 guests to celebrate our military patriots and reflect on their service and sacrifice. This event has remained one of the largest military recognition initiatives on Memorial Day weekend for more than five decades, honoring members of our armed services, veterans, Medal of Honor recipients, and remembering our fallen. This year's celebration continues their longstanding tribute by showcasing military aircraft in a patriotic flyover, infantry and artillery exhibits, ground demonstrations of our Nation's military strength, and a 21-gun salute to our fallen. Our servicemembers courageously stand between America and those who would do us harm, volunteering to make the ultimate sacrifice to preserve freedom. I commend all of those in the racing community for their continued support and annual tribute to our men and women in uniform.

Mr. BURR

Mr. BURR. I object.

Mr. BURR

Mr. BURR. Madam President, I appreciate the question the leader has asked, and, also, I ask unanimous consent to enter into a colloquy with my Republican colleagues.

Mr. BURR. The leader raises a great question, and it is really the purpose for which section 215 was created. It is the reason the NSA looked at ways to effectively get in front of threats that take us back to 9/11 and the attacks. As we reacted, through our law enforcement tools within the United States, we used an instrument called a national security letter. They produced a national security letter. They had to go to the telecoms and ask that they search their systems for this information. The leader alluded to the fact that many looking back to pre-9/11 said that had we had the tools we have today, we might have stopped this attack. But over a series of years, Congress, the executive branch, the Justice Department, and our intelligence community worked to refine the tools we thought could effectively be used to get in front of a terrorist attack. That brings us to where we are today. Over those years, we created section 215, the ability to use bulk data. What is bulk data? Bulk data is storing telephone numbers--we have no idea to whom they belong--that are foreign and domestic. The whole basis behind this program is that as a cell phone is picked up in Syria and we look at the phone numbers that phone talked to, if it is someone in the United States, we would like to know that--at least law enforcement would like to know it--so we can understand if there is a threat against us here in the homeland or somewhere else in the world. Section 215 allows the NSA to collect, in bulk, telephone numbers with no identifier on them. We couldn't tell you who that American might be. And if for a reason they believe they need to look at that number because of an Executive order from the President, they go to a judge, and the judge is the one who gives them permission to search or query that data. If, in fact, they find a number that connects with one of a known terrorist, they have to go back to the court and prove there is reason for them to know whose number that is and the duration of time of the conversation. Further information requires further judicial action. Why are we here today? Because this expires on May 31. Some would suggest it is time to do away with it. Over the same period of time, we added something the American people have been very close to. It is called the TSA. Every time we go to an airport, we go through a security mechanism. Americans have never complained about it. Why? Because we know that when we get on the airplane, there is a high degree of likelihood that there is not a terrorist, a bomb, or some type of weapon that is going to be used against us. The leader said there has not been a single instance of a breach of privacy. Yet, those who suggest we need to change this do it 100 percent on the fact that privacy has been invaded. Let me say to all my colleagues, to the public, and to both sides of the Hill, today every American now has a discount grocery card on their key chain. They go and buy groceries and they proudly scan that card because it gets them a discount, it gets them coupons, it gets them a gas reduction. Here are the facts: Your grocery store collects 10 times the amount of data that the NSA ever thought about collecting on you. There is a big difference between the NSA and your grocery store: The NSA doesn't sell data; your grocery store does. From the data they collect, they could do a psychological profile on an individual. They could tell you how old they are, what their health is, where they live, how often they shop, therefore when they work. We are not in the business of doing that. They are. But I don't hear anybody complaining about the grocery stores' discount card because you get a discount, so you are willing to do that. What we haven't shared with the American people is, what do you get through this program? You get the safety and security of knowing we are doing everything we possibly can to identify a terrorist and the act and to stop it before it happens. So we are here today with a choice. The choice is whether we are going to reauthorize this program, which has been very effective, with the same conditions the President has in place--you have to go to a judge--and with important controls on privacy by professionals with rules, or whether we are going to roll it back to the telecoms. Make no mistake about it--the compromise legislation rolls us back to the same thing we were doing pre-9/11. So whether we let it expire or we reauthorize it, those are the two choices because this compromise bill actually forces it back to telecoms--very cumbersome, time-consuming, and, I would say, fraught with privacy issues, as the leader pointed out. It is my choice to continue the program because the program has worked. NSA only has less than three dozen people who have the authority to look at this data. I will bet there would be more people in every telecom company who are authorized to search data. Let me suggest this to my colleagues: If their argument is valid, then they should be on the floor with a similar bill eliminating the TSA. I am not sure anybody invades my privacy any more than the TSA process. When I go through, they x ray me, they look at my luggage. In some cases, they stop me and wand me and, in some cases, hand-check me. I am not sure there are any more blatant privacy concerns than that. But they are not in here suggesting we do away with TSA because they know the public understands the safety TSA provides to aviation. Our big mistake is we haven't been out here sharing with the American people why it has been so long since there has been an attack. We were lucky this week in Garland, TX--lucky because 40-some Texas law enforcement officers happened to be at a museum, and everybody there was carrying. We are not going to be lucky every time. I remind my colleagues and the public, in the same week, ISIL went on social media networks and said: America, don't think that you have got this in your rearview mirror. There are over 70 terrorists that we have in America in 15 States, and it is a matter of time before it happens. Why in the world would we think about rolling back the tools that are the only tools that put us post-9/11 versus pre-9/11? The threat is greater today domestically and around the world than it has ever been, and the argument we will be consumed with is whether we do away with tools that have been effective for law enforcement to protect America. I would suggest that we reauthorize this bill for 5.5 years as is and that we make the same commitment to the American people we do when we reauthorize and fund the TSA: No matter where you are, we have controls. We are going to keep America safe. We are not going to let it revert back to where we are susceptible to another 9/11. With that, I turn to Senator Cotton, my distinguished colleague from Arkansas, and ask whether he agrees that the collection of telephone and call data does not raise any reasonable expectations of privacy under the Fourth Amendment.

Mr. BURR. I thank the Senator from Alabama. Madam President, I ask unanimous consent for 5 additional minutes on the majority side and 5 additional minutes on the minority side.

Mr. BURR. Madam President, I am very curious to hear what my colleague Senator Rubio has to say and whether he is in agreement with what we have said on the floor to this point.

Mr. BURR. Madam President, I thank my colleagues for their participation, and I thank my colleagues on the other side of the aisle for their accommodation. I will conclude by saying that in the very near future this Congress will be presented two choices: to reauthorize a program that works or to roll back our tools to pre-9/11. I don't believe that is what the American people want, and I don't believe that is what Members of Congress want. I urge my colleagues to become educated on what this program is, what it does, and more importantly, how effective it has been implemented. I yield the floor.

Mr. BURR

Mr. BURR. Mr. President, I wish to congratulate 11 students who will be graduating tomorrow at the University of North Carolina-Greensboro. While celebrations will abound across our country for the class of 2015, I want to highlight this very special group who, I must say, stands above the rest for their achievement. The University of North Carolina at Greensboro works with its nonprofit partner Beyond Academics to provide students who have intellectual and developmental disabilities a 4-year course of study that promotes self-determination, life planning, and career development. They call it the Integrative Community Studies program. These students learn how to build their own lives through employment and self-sufficient living. I have long supported these efforts and believe that anyone who cares about outcomes for individuals with disabilities should look no further than UNC-G and Beyond Academics as an example for promoting success. This is a particularly special graduation day as it is the fifth graduating class since this course of study was created, and is the largest class to date. In sum, a total of 34 graduates are now better prepared to live self-sufficient lives that will not only make themselves better, but the community around them better as well. I couldn't be prouder of all of them. What started only about a decade ago as a community-wide effort in my homestate, has grown to, in my opinion, one of the most exciting things being done in the country for this community. It is with great enthusiasm and awe that I share with my colleagues this truly important day for these graduates and this wonderful program.

Mr. BURR

Mr. BURR. Mr. President, I rise today to welcome to this body a friend and a fellow North Carolinian, Peter Milner. Chaplain Milner serves the North Carolina General Assembly as the State's senate chaplain. A fellow Demon Deacon and an alumna of Wake Forest, he received his undergraduate degree in sociology and religion. While at Wake Forest, Chaplain Milner was instrumental in the creation of the Wake Forest Volunteer Service Corps, which engages hundreds of students, faculty, and staff to participate in community-based organizations. After completing his undergraduate work at Wake Forest, he went on to earn his master's in secondary social studies education to become a high school teacher. Called to the ministry after his first year of teaching, he attended Duke Divinity School, where he thrived in his role as resident coordinator of Emmaus House in Raleigh, which provides safe, affordable housing for working homeless men recovering from substance dependency. Chaplain Milner's devotion to and passion for helping the homeless is unwavering and very clear. I saw it for myself when I first met Peter a few years ago at a homeless center in Raleigh, NC. Besides his tireless work on behalf of the homeless, Chaplain Milner has been instrumental in improving the lives of students, medical patients, and--a cause very important to North Carolinians, including me--our Nation's veterans. Because of his work as an outreach specialist for veterans at StepUp Ministry, Chaplain Milner established an important link between veterans in need and the business community. His hard work continues to help struggling veterans achieve stable lives through employment counseling and life skills training. The North Carolina General Assembly is blessed to have a man who has devoted his life to causes much larger than himself. But of all that he has accomplished in life so far, he says his greatest accomplishment is being a husband to his bride of 13 years, Anna, and a father to their two beautiful children, Silas and Josie, who are all with us today. Chaplain Milner, I thank you for leading our Chamber in prayer today, and I welcome you.

Mr. BURR

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on April 22, 2015, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet during the session of the Senate on April 22, 2015, at 9:30 a.m., in room SD-406 of the Dirksen Senate Office Building, to conduct a hearing entitled ``Nomination hearing for Vanessa Sutherland to be a Member and Chairperson of the Chemical Safety Board.''

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on April 22, 2015, at 9:30 a.m., to conduct a hearing entitled ``State Department Reauthorization: Ensuring Effective U.S. Diplomacy within a Responsible Budget.''

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on April 22, 2015, at 10 a.m., to conduct a hearing entitled ``Securing the Border: Understanding Threats and Strategies for the Northern Border.''

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet during the session of the Senate on April 22, 2015, in room SD-628 of the Dirksen Senate Office Building at 2:30 p.m.

Mr. BURR. Mr. President, I ask unanimous consent that the Subcommittee on Readiness and Management Support of the Committee on Armed Services be authorized to meet during the session of the Senate on April 22, 2015, at 2:30 p.m.

Mr. BURR. Mr. President, I ask unanimous consent that the Subcommittee on Strategic Forces of the Committee on Armed Services be authorized to meet during the session of the Senate on April 22, 2015, at 2:30 p.m.

Mr. BURR. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on April 22, 2015, at 10 a.m., in room SR-253 of the Russell Senate Office Building to conduct a hearing entitled ``Weathering the Storm: How Can We Better Communicate Weather to Enhance Commerce and Safety?''

Mr. BURR

Mr. BURR. Mr. President, I wish to speak very briefly on an amendment the Senate will have an opportunity to vote on this afternoon. Due to the way the Sex Offender Registration and Notification Act is currently written, there is a problem with tracking sex offenders convicted in a military justice system. Some of these offenders are exploiting the cracks in that system. My amendment is, quite honestly, a fix to the problem and will help authorities and the public better track sex offenders in our communities. To explain, currently, military sex offenders are only required to self-report to a State government after they are released from a military correctional facility. Under the civilian justice system, sex offenders are registered in the State before they are released. The State then provides the information to the Department of Justice to be included in both the public and the private National Sex Offender Registry, which is where the average citizen can go and see if there is a sex offender in their neighborhood. A Department of Defense inspector general report issued in August of last year revealed that an estimated 242 of the 1,312 released sex offenders failed to self-report. In that inspector general's report, they said: The lack of jurisdiction for DOD to register military sex offenders with the National Sex Offender Registry enables military sex offenders released from military prisons to evade sex offender registration requirements. I am not sure it can be put any plainer than that. The Department of Defense tried to correct the problem by working with State authorities and the U.S. Marshals, but underreporting continues today. Differences in State laws in military reporting procedures enables some criminals to totally evade reporting and detection. A recent Scripps news report revealed grim examples of the consequences of these cracks in the system. Consider the recent case of Matthew Carr. The military convicted Matthew Carr for posing as a gynecologist. He preyed on seven women. After spending 7 years incarcerated, he evaded registration upon his release. He assaulted another woman before being apprehended by civilian authorities. This assault was preventable in that community, but the DOD wasn't required to post him as a sex offender. In another case, a former officer served 5 years for sexually assaulting 3 minors in the cruelest way possible. He evaded registration, and Scripps located this individual living within a mile of a school. It is scary, a pedophile living next to a school--and no one knew he was there. This amendment requires the Department of Defense to communicate a criminal's information directly to the Attorney General to improve tracking and public notification. My amendment is based upon a bipartisan bill, S. 409, that I introduced with the support of Senator McCaskill. That bill already has the support of 15 of our colleagues: Senators Ayotte, Blunt, Cornyn, Cotton, Crapo, Fischer, Rubio, Sessions, Tillis, Toomey, Feinstein, King, Mikulski, and Nelson. My amendment costs taxpayers nothing, and it is a commonsense solution to a real problem that exists. I encourage my colleagues this afternoon, when we have an opportunity to get back into votes, that they support amendment No. 1121. I yield the floor to my colleague.

Mr. BURR. Mr. President, I rise to propound a unanimous consent request to call up an amendment, speak briefly, and then be followed by Senator Sanders.

Mr. BURR. Mr. President, I call up amendment No. 1121.

Mr. BURR. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. BURR. Mr. President, we yield back all time.

Mr. BURR. I ask for the yeas and nays.

Mr. BURR

Mr. BURR. Mr. President, I wish to recognize the tremendous contributions of Dr. Michael G. Vickers, the Under Secretary of Defense for Intelligence. Secretary Vickers is retiring this month from the Federal Government having served with distinction in two critical leadership positions in the Department of Defense: Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict and Interdependent Capabilities, ASD SO/LIC&IC, from 2007 to 2011, and Under Secretary of Defense for Intelligence, USD(I), since 2011. His dedicated service has spanned the administrations of both President George W. Bush and President Barack Obama. Moreover, he has helped shape national security for three decades. Secretary Vickers is the Department's longest serving USD(I). During his tenure he has led a comprehensive, mission-focused transformation of defense intelligence, and has provided policy and operational oversight for numerous sensitive intelligence and counterterrorism operations. He played a critical policy and planning role in the operation that brought justice to Osama bin Ladin. Of note, we are only days away from the fourth anniversary of that successful operation, which occurred on May 2, 2011. As ASD SO/LIC&IC, Secretary Vickers served as the ``Service'' Secretary for all Special Operations Forces, and as the senior civilian advisor to the Secretary of Defense on all counterterrorism, irregular warfare, and special activities. He played a central role in shaping U.S. strategy for the war with Al Qaeda and the war in Afghanistan, and conceived of and led the largest expansion of SOF capabilities and capacity in history. From 1973 to 1986, Secretary Vickers served as an Army Special Forces noncommissioned officer, Special Forces officer, and Central Intelligence Agency operations officer. He had operational and combat experience in Central America and the Caribbean, the Middle East, and Central and South Asia. His operational experience spans covert action and espionage, unconventional warfare, counterterrorism, counterinsurgency, and foreign internal defense. During the mid-1980s, Secretary Vickers was the principal strategist for the largest covert action program in the CIA's history: the paramilitary operation that drove the Soviet Army out of Afghanistan. Because of Dr. Vickers' selfless service, hard work and tireless dedication, our Nation is a safer place. I want to thank him for his service and wish him and his family all the best as he begins his next adventure.