Senator Coons urges colleagues to reform the PATRIOT Act, protect Americans’ privacy

WASHINGTON – U.S. Senator Chris Coons (D-Del.) on Wednesday spoke on the Senate floor about the need to protect Americans’ privacy rights and reform the PATRIOT Act, the 2001 law that has allowed the federal government to collect mass amounts of Americans’ communications data.

Senator Coons spoke on behalf of a reform bill that passed by an overwhelming 338-88 vote in the House of Representatives earlier this week – the USA FREEDOM Act. Senator Coons is a cosponsor of an identical bill introduced in the Senate, which would only allow the government to seek Americans’ communications records if they are relevant to an ongoing investigation.

Excerpts from Senator Coons’ speech

“For nearly a decade, our government has operated a program that collects massive amounts of information from innocent Americans without any specific suspicion they have done anything wrong…

“That program has been carried out under Section 215 of the PATRIOT Act based on flimsy or mistaken interpretations of the original law, all in the name of our national security. Yet the bulk collection program has had disputed and not arguably clear benefit to our national security. There is not one clear publicly confirmed instance of a plot being foiled because of this Section 215 program.”

Senator Coons’ full remarks are below:

“Mr. President, I am wondering whether the Senator from Kentucky would be good enough to confirm for me where I think the issue is that is before the Senate today. So if I might, I will speak for a few minutes about what I think is the core issue before us on the floor and then ask the Senator whether he would confirm that this is his understanding as well.

“At the outset, I will say it is relatively rare for my colleague from Kentucky and I to come to the floor in agreement on an issue, but it has happened before on exactly this issue. I think it is important that it be clear to folks that there are concerns on both sides of the aisle on the critical underlying issues about how we balance privacy and liberty, security and our civil liberties.

“For nearly a decade, our government has operated a program that collects massive amounts of information from innocent Americans without any specific suspicion they have done anything wrong. Let me put that another way. For years, any American’s communication data could have been tracked and collected by the government, whether or not they were suspected of a crime.

“That program has been carried out under Section 215 of the PATRIOT Act based on flimsy or mistaken interpretations of the original law, all in the name of our national security. Yet the bulk collection program has had disputed and not arguably clear benefit to our national security. There is not one clear publicly confirmed instance of a plot being foiled because of this Section 215 program.

“I have long been concerned about the scope and the reach of our intelligence community’s bulk collection program. That is why in 2011 I voted, along with my colleague from Kentucky, against the straight reauthorization of the PATRIOT Act. I believed then, as I believe now, it would be irresponsible for Congress to continue reauthorizing the law without taking steps to address concerns about unlawful surveillance it has allowed, particularly given the fact that earlier this month a U.S. federal circuit court specifically deemed this program illegal.

“Fortunately, we have an alternative, which I believe the Senator from Kentucky has been expounding on behalf of, the USA FREEDOM Act, a bipartisan bill passed by the House just last week by an overwhelming margin – I think it was 338 to 88. It would end bulk collection by only allowing the federal government to seek call records retained by the telecommunications industry once it has established a record is relevant to an ongoing investigation.

“Records would no longer be stored by the government but would remain in the hands of telecommunications companies, which under FCC rules, in order to ensure that there is customer access to records in the case of a dispute, they are retained for 18 months. This bill strikes an important balance by protecting Americans’ privacy and ensuring our government can still keep our nation safe.

“In fact, there are some who might argue that the USA FREEDOM Act would allow a stronger and more robust and more effective series of actions to keep our nation safe. I urge my colleagues to support it. I know these are difficult decisions for us to make. I know we all have concerns about our nation’s security, but we have to all have concerns about our nation’s freedom. We fought for it from the very beginning of our country. 

“I want to just thank and salute members here, colleagues, and in particular my colleague from Kentucky for being insistent that we have clarity about time. We were told four years ago, when the reauthorization fight was happening, that time had run out and that we needed to reauthorize it, without considering needed reforms that were discussed and debated in the Judiciary Committee.

“Two years ago, some of the core elements of this were exposed to the world. A lot of my constituents raised legitimate and serious concerns about it. Whether we are being asked to extend it for two weeks or two days or two hours, I think time has run out for us to even discuss reauthorizing a program that has explicitly been held illegal. We instead need to come together and take up and pass the USA FREEDOM Act.”

Senator Coons’ statement on reauthorization of the Patriot Act

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after Majority Leader Mitch McConnell announced that the Senate will vote this week on the USA Freedom Act, which passed the House of Representatives last week with overwhelming bipartisan support. Senator Coons voted against a clean reauthorization of the Patriot Act in 2011 because it did not contain important privacy reforms.

“Americans have the right to be both free and secure. Since 2006, though, our government has operated a program that collects massive amounts of innocent Americans’ information without any suspicion that they have done anything wrong. This program, under Section 215 of the Patriot Act, authorizes bulk collection of individual call detail records, or metadata, and has compromised Americans’ civil liberties without any clear benefit to national security. It is time for that to change.

“That’s why I’m proud to cosponsor the bipartisan USA Freedom Act, which would end bulk collection and improve Section 215 so that it can be a more effective tool to conduct targeted national security investigations.

“Since I first came to the Senate, I have been deeply concerned about the scope and reach of our intelligence community’s bulk data program, which is based on a flimsy interpretation of the original Patriot Act and has questionable national security value. Particularly now that a federal circuit court has deemed the program illegal and confirmed these concerns, it would be irresponsible for Congress to continue reauthorizing the law without taking steps to address the unlawful surveillance it has allowed.

“The USA Freedom Act strikes an important balance and shows that we can protect both the American people and their civil liberties. It would end bulk collection by authorizing the federal government to seek call records from telecommunications providers only after establishing that a target record is relevant to an ongoing investigation. The bill also makes many other important improvements that would increase the transparency and functioning of our courts that handle foreign intelligence matters.

“The House took an important step last week in passing real reform by an overwhelming 338-88 margin, and it’s time for the Senate to vote on it as well. I voted against reauthorization of the Patriot Act in 2011 because the Senate had failed to meaningfully reform it. Four years later, the shortcomings of current law remain the same. I will continue to vote against any reauthorization of the Patriot Act that does not contain the key improvements to privacy and security in the USA Freedom Act.”

###

Senators Coons, Inhofe introduce African Free Trade Initiative Act

WASHINGTON, D.C. — U.S. Sen. Chris Coons (D-Del.) and Sen. Jim Inhofe (R-Okla.) today introduced the African Free Trade Initiative Act, which would require the president to establish a plan to negotiate and enter into Free Trade Agreements (FTAs) in sub-Saharan Africa and would require the United States Trade Representative, the Millennium Challenge Corporation, and USAID to coordinate and collaborate together on how to implement the goals established in the Free Trade Agreement plan. The legislation was also introduced as an amendment to the Trade Promotion Authority legislation currently being considered in the U.S. Senate. 

“There is no continent with greater opportunity for partnership and growth in the 21^st century than Africa,” said Senator Coons. “I am hopeful that Congress will reauthorize AGOA for ten years, but during those next ten years, the economies of sub-Saharan Africa should also develop trade relationships that can benefit both African and American businesses.  Trade agreements done right can benefit everybody involved by creating good jobs, raising wages, and raising standards, and this bipartisan legislation will ensure the Administration takes immediate steps to increase trade with Africa that is bilateral, duty-free, and beneficial for both countries.”

“Every time I go to Ethiopia, Rwanda, Tanzania or other countries in Africa, I see new, high-quality infrastructure being built to help their economies grow,” Inhofe said. “While the U.S. government generally ignores sub-Saharan Africa as a major potential trading partner, despite its economic advancements, countries like Brazil and China are aggressively pursuing business expansions in the region. As African economies mature in the 21st century, America should also mature its trade relationships with them. Our legislation requires the president to establish a plan to negotiate and enter into Free Trade Agreements with our friends in sub-Saharan Africa. For countries that need to further develop to be ready for an FTA with the U.S., our bill requires the administration to articulate specifically what needs to be achieved to accomplish the ultimate goal of an FTA. America will benefit greatly from Free Trade Agreements as we partner with and secure deeper ties to the bolstering and competitive economies in sub-Saharan Africa.”

Coons and Inhofe have been longtime supporters of the African Growth and Opportunity Act (AGOA), first enacted in 2000. The Coons-Inhofe amendment encourages the development of Free Trade Agreements (FTA) between the United States and countries in sub-Saharan Africa in order to create bilateral, duty-free trade between the countries.  

Since 2002, annual trade between the United States and sub-Saharan Africa has increased by $72.5 billion, or 47 percent.  It has also been estimated by the Chamber of Commerce that AGOA has directly supported the creation of more than 300,000 jobs in sub-Saharan Africa and 100,000 jobs here in the United States. According to an analysis done by The Economist magazine, six of the world’s ten fastest growing economies were in sub-Saharan Africa from 2000-2010. 

Senator Coons’ bill to provide law enforcement with bulletproof vests passes Senate

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee and co-chair of the Senate Law Enforcement Caucus, praised the Senate’s vote to pass his bipartisan legislation to reauthorize and increase funding for the lifesaving Bulletproof Vest Partnership Grant Program — a competitive federal grant program that helps state and local law enforcement agencies purchase bullet-resistant vests for officers. Senator Coons’ bill authorizes $25 million to fund the Bulletproof Vest Partnership Grant Program, an increase from the $22.5 million provided for the program last year.  

“Police officers risk their lives to make us safer every day, so the least we can do is ensure they are fully protected with bullet-resistant vests when they are in the line of duty,” said Senator Coons. “The federal Bulletproof Vest Partnership makes vests more affordable for local law enforcement, ensuring that when officers go out to protect our communities, they can do so as safely as possible. My bill extends and increases funding for this critical program, and I’m thrilled the Senate has unanimously passed it. As we recognize National Police Week, I urge the House to act immediately so this program can keep saving law enforcement lives.”

The program has issued more than one million lifesaving vests to more than 13,000 state and local law enforcement agencies throughout the country since it was established in 1999. Congress has reauthorized the program three times, most recently in 2008.

According to the Government Accountability Office, the lives of approximately 3,000 law enforcement officers have been saved by body armor since 1987. In Delaware, more than $2 million in grant money has helped to supply 18,582 vests in the last fifteen years.

On February 11, 2013, bulletproof vests purchased through the federal Bulletproof Vest Partnership saved the lives of two Capitol Police officers, Sergeant Michael Manley and Corporal Steve Rinehart, during a shooting at the New Castle County Courthouse in Wilmington. Both officers were struck, but survived because of their vests.

The legislation will reauthorize the program for five years and includes important reforms to meet the needs of today’s law enforcement officers. The bill creates incentives for agencies to provide uniquely fitted vests for female officers—a critical provision highlighted by officers like Officer Ann Carrizales of the Stafford, Texas police department, who was shot twice during a routine traffic stop in 2013. Carrizales recounted the dramatic experience at a Judiciary Committee hearing last year, telling Committee members that “I would not be sitting here today had I not been wearing a properly fitting bulletproof vest.”

In addition, the bill ensures that agencies uphold mandatory wear policies so that the vests are worn regularly. To ensure taxpayer dollars are not misused, the bill also makes clear that grantees cannot use other federal grant funds to meet the matching fund requirement under program rules.  The Government Accountability Office recommended these commonsense reforms in a 2012 study about the program.

Senator Coons introduced the reauthorization of the Bulletproof Vest Partnership Grant program in January. A copy of the bill is available online.

Supporters of the bill include the Fraternal Order of Police, International Association of Chiefs of Police, National Association of Police Organizations, National Sheriffs’ Association, Major County Sheriffs’ Association, Major Cities Chiefs Association, Federal Law Enforcement Officers Association, National Tactical Officers Association, and the Sergeants Benevolent Association.

###

Senator Coons’ statement on key trade votes

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after he voted yesterday to help pass two critical trade bills and advance legislation that includes trade adjustment assistance (TAA) measures and trade promotion authority (TPA).

The two pieces of legislation that passed the Senate yesterday, the Trade Preferences Extension Act and the Trade Facilitation and Trade Enforcement Act, will support sales of American goods around the world and significantly strengthen U.S. enforcement of fair trade rules.  Specifically, the Trade Facilitation and Trade Enforcement Act would end imports of goods made with child or forced labor, take steps to combat currency manipulation from other countries, and help protect American businesses from unfair trade practices.

“Delaware’s workers and businesses deserve to compete on a level playing field with economies around the globe, and while I believe that free trade can help level the global economic playing field, I remain concerned about the very real consequences some previous trade agreements have had for workers across the country, particularly in the manufacturing sector. That’s why I refused to vote to begin debate on TPA without simultaneously voting for TAA and two separate bills to strengthen enforcement of fair trade rules and support American businesses.

“As I have considered these bills during the last few weeks, I have spoken with a significant number of Delawareans with a wide range of opinions on trade issues.  I’ve asked tough questions of top Administration officials, including the Secretaries of Labor and Commerce and the U.S. Trade Representative.  I’ve also had extensive conversations with President Obama and Vice President Biden about the impact of a potential trade agreement on Delaware workers and businesses.  After much consideration, I am compelled by the argument that if we don’t take steps to set the rules for fair trade in the Pacific and around the world, China and our other competitors will.  In fact, China is already working to establish trade agreements with other countries on their terms.

“That’s because in today’s economy, global trade is already a reality.  In Delaware alone, 120,000 jobs and billions of dollars in exports are tied to trade with 187 countries.  So as we debate our nation’s trade policies, the choice is not whether we should trade goods and services around the world, but instead, how we can best position American workers to succeed in the global marketplace.   By requiring countries with which we already trade to treat their workers better, raise their environmental standards, and protect intellectual property as stringently as we do, this trade promotion authority legislation would give American workers more of the support they need to compete with workers abroad.  Ninety-five percent of the world’s consumers live abroad, and with American manufacturing resurgent, now is exactly the time to make them more competitive in those overseas markets.

“As negotiations over TPP proceed, I will continue to press the Administration to enact policies that hold our trade partners to strong human rights, labor, environmental, and intellectual property standards with enforcement mechanisms that have teeth.  I am encouraged that TPA includes parameters for a potential trade agreement that this administration and future administrations must follow, but the true test will be the agreement itself.  My vote today does not guarantee my support for a potential trade agreement, and I take seriously the provision within TPA that allows us to revoke the President’s ‘fast-track’ authority if he does not adequately consult Congress.”

###

Senator Coons’ statement on DuPont vote

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after DuPont shareholders voted to elect all 12 DuPont nominees at its annual shareholders meeting today.

“For generations, DuPont has employed thousands of our neighbors, friends, and relatives while growing to become one of the world’s most successful companies,” said Senator Coons. “We’re proud of DuPont’s Delaware roots and Delaware identity, and today’s news of DuPont fending off the out-of-state proxy challenge is great news for Ellen Kullman, DuPont, and Delaware.  Today’s news means DuPont and its world class engineers and scientists can continue to focus on innovation and growing in the First State.”

###

Senators Coons, Portman, Ayotte, Peters introduce bill to aid families of fallen, severely injured police officers

WASHINGTON – As the United States marks National Police Week, U.S. Senators Chris Coons (D-Del.), a member of the Senate Judiciary Committee and co-chair of the Senate Law Enforcement Caucus, Rob Portman (R-Ohio), Kelly Ayotte (R-N.H.), and Gary Peters (D-Mich.)  introduced bipartisan legislation to close an unintended loophole in the Public Safety Officers’ Benefits (PSOB) program and ensure families of fallen and permanently disabled officers receive the benefits they deserve.

Families of law enforcement officers, firefighters, and other first responders killed or permanently disabled in the line of duty are entitled to death and education benefits through PSOB, but these benefits are occasionally denied or delayed for the loved ones of officers who suffer severe heat stroke or over-exertion in the course of duty. The Fairness for Fallen Officers Act of 2015 would specify that fatal or permanently disabling climate-related injuries, including hypothermia and hyperthermia resulting from official duties or training in extreme weather conditions, are deserving of full recognition under the law.

“As we recognize our law enforcement officers who risk their lives to keep us safe for National Police Week, we must also do everything we can to honor our obligations to fallen heroes and their families,” said Senator Coons. “I am grateful to the Public Safety Officers’ Benefits program that has helped ensure the families of officers who tragically lose their lives or are permanently disabled in the line of duty receive the benefits they deserve. Unfortunately, a loophole in the law has left some deserving families in limbo, waiting indefinitely for these benefits. This bill would close this unintended loophole, so no family will again be forced to grieve through a lengthy legal process.” 

“Law enforcement officers make enormous sacrifices to keep our communities safe, and our legislation will ensure that if they tragically fall in the line of duty, their families will receive the benefits they’ve earned,” said Senator Portman. “I’m pleased to introduce this legislation as we recognize National Police Week, and to express gratitude for their continued service.”

“We must ensure that permanently disabled public safety officers and the families of public safety officers who suffer fatal climate-related injuries are afforded the benefits they have earned and deserve in a timely fashion,” said Senator Ayotte. “This important legislation closes a troublesome loophole that has caused these benefits to be unreasonably delayed or even denied.”

“Our law enforcement officials and public safety officers work every day to serve and protect our communities, and we must properly honor those sacrifices if an officer tragically suffers permanent disability or falls in the line of duty,” said Senator Peters. “As we recognize National Police Week, I’m proud to join with my colleagues to introduce this important legislation that will ensure the families of disabled and fallen officers can get the benefits and assistance they have earned during their loved one’s service.”

Due to an unintended loophole in the PSOB program, families of officers who die or suffer permanent disabilities stemming from climate-related injuries could potentially endure years of administrative and appeals processes in order to access death and education benefits. The Fairness for Fallen Officers Act of 2015 would address this shortcoming by adding climate-related injuries to the list of injuries eligible for benefits under the PSOB program. This simple fix will save families the heartache and stress of spending years fighting for the benefits they deserve.

“We’ve seen before that PSOB regulations don’t always cover every officer and family who deserve resources through this program, and it’s clear that there is still a gap for officers who die from over-exertion,” said Dianne Bernhard, Executive Director Emeritus of Concerns of Police Survivors (C.O.P.S.). “The surviving families of officers who have died in extreme training sessions deserve the same treatment as the families whose loved ones have fallen in other ways, and I’m proud that this bill expands these critical benefits.”

On October 9, 2001, Officer Charles McDonald of the Forest Park Police in Ohio tragically died following SWAT training. A medical evaluation later determined that Officer McDonald’s death was the result of rhabdomyolysis, a condition caused by extreme overexertion where the skeletal muscles manufacture a toxin that destroys the kidneys. Officer McDonald’s family described the process of securing PSOB benefits as long, drawn out, and painful – a process that involved hiring an attorney, obtaining old childhood medical records, and waiting three years for a resolution. The Fairness for Fallen Officers Act of 2015 would guarantee this doesn’t happen again, by ensuring climate-related injuries receive full recognition under the PSOB.

The Fairness for Fallen Officers Act has been endorsed by Concerns of Police Survivors, the Federal Law Enforcement Officers Association, and the family of Officer Charles McDonald.

Senator Coons’ statement on Amtrak Train 188

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement after Amtrak Train 188 derailed last night in Philadelphia, shortly after stopping in Wilmington, Del.

“My thoughts and prayers are with all of the passengers and Amtrak employees who were aboard the train last night, as well as their families. We also owe a great debt of gratitude to the first responders and health professionals who worked through the night to save additional lives. There is still much we do not know about last night’s tragic accident, and I expect a thorough investigation from National Transportation Safety Board, Amtrak, and all relevant agencies into the cause of the derailment.

“As someone who rides Amtrak between Wilmington and Washington almost every day, I know how critical Amtrak is to families, businesses, and communities in Delaware and throughout the Northeast. As a member of the Senate, last night’s tragedy is yet another stark reminder of why we must act now to invest in our transportation infrastructure, including Amtrak. I’ll continue working to ensure Amtrak and passenger rail services throughout the country have the federal resources and policies they need to operate safely and efficiently. ”

Senator Coons criticizes decision by President of Burundi to seek new term, urges him to respect protestors’ rights

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Subcommittee on African Affairs, issued the following statement following mass demonstrations by Burundians in recent days regarding the decision by Burundian President Pierre Nkurunziza to pursue a third term in the country’s June 26 presidential election, in apparent violation of the country’s 2005 constitution. 

“Africa is turning a page in its history, away from an era in which individual politicians matter more than institutions, standards, and public opinion – as Nigeria’s recent watershed election demonstrated. By ignoring the two-term limit in both Burundi’s constitution and the Arusha Agreement – which helped end the horrific civil war that killed hundreds of thousands of Burundians between 1993 and 2005 – President Nkurunziza puts at risk the future of his people and the wider region to advance his personal political agenda.  It is absurd to suggest that in a country of more than 10 million people there is only one person capable of serving as its elected leader, which is the message the President and his supporters are conveying.

“Just as troubling has been the reaction by the President and members of the country’s police force to the thousands of Burundians who have rejected his third-term aspiration.  The violent crackdowns on street protestors that have resulted in at least 20 deaths, the arrests of hundreds of political opponents, and the shutdown of social media and independent news outlets are employing worn-out tactics of popular repression, which are utterly inappropriate on a continent that is moving inexorably towards a brighter and more democratic future. 

“President Nkurunziza should immediately order a halt to the persecution of protestors and lift all restrictions on the free speech and press rights of his citizens.  He should also disband his ruling party’s militia, the Imbonerakure, which is threatening and engaging in violence against peaceful Burundian citizens.  With Burundi’s series of national and local elections set to commence later this month, I also call on the Burundian opposition to act responsibly, by avoiding violent rhetoric and actions and using the ballot box to express their well-founded dissent.  The Burundian people deserve a peaceful, prosperous future, and if those in power and in the opposition make the right choices, they will secure it.”

Senator Coons’ statement on passage of the Iran Nuclear Agreement Review Act

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, released the following statement after voting to pass the Iran Nuclear Agreement Review Act.

“We must do everything we can to prevent Iran from obtaining a nuclear weapon, and today’s passage of the bipartisan Iran Nuclear Agreement Review Act will help ensure that Congress plays a constructive, focused, and appropriate role in reviewing a potential nuclear deal with Iran.  

“Throughout this debate, some of my colleagues have tried to inject partisan, poison-pill amendments that would have done more to derail diplomacy than strengthen a potential deal. Our ability to defeat these amendments and pass the responsible, bipartisan bill we have today is an important step for the Senate and reflects the leadership of Senators Corker and Cardin, who ably shepherded the bill through the Foreign Relations Committee and the full Senate. They knew the alternative to this bill was not a better bill, but instead, no bill and implementation of a final deal without any meaningful congressional input. Today’s vote shows that the Senate can and should be relevant in setting American foreign policy.

“As the Administration reaches the final stretch of its discussions with Iran, what remains non-negotiable is that Iran can never be allowed to obtain a nuclear weapon. A nuclear-armed Iran would threaten the security of the United States, Israel, and the wider Middle East, and would lead to a destabilizing arms race in a region already plagued by chaos and violence.

“I look forward to working closely with the Administration and my colleagues in Congress to support strong, clear-eyed diplomacy and prevent a nuclear-armed Iran – with or without a deal – from becoming a reality.”

###