you will see that mr. wydens actively resisting officers and he's not complying with officers to be arrested. >> reporter: did your officers do everything by the book? >> well, obviously our officers did enough what they felt they had to do to take him into custody. >> reporter: and police could not speak to whether those officers used excessive force because they say this case is still under review by the department. the fan suffered minor injuries and has been released from jail 10 days for his arraignment due in court in january. betty yu, kpix5. >>> meanwhile nearly 100 fans were kicked out of yesterday's big raiders/9ers game because of behavior like this. rival fans were throwing punches, throwing drinks in the stand. in all 93 people were ejected. 31 were arrested. >>> so-called torture report outlining the cia's brutal interrogation tactics is set to be released tomorrow. mark kelly tells us there fear tonight that it could put u.s. embassies in harm's way. >> ken, this report has been held up for years

mr. wyden: i ask unanimous consent to vacate the quorum call and speak as if in morning business. the presiding officer: without objection. mr. wyden: madam president, senator thune and i are together going to talk about the internet tax freedom act, and before that, i want to spend a few minutes discussing senator rockefeller and his extraordinary accomplishments, and then i know senator thune, after he and i ar have talked at the internet tax freedom act, he is going to be making some additional remarks on some other areas. and i also want to commend him for one of those other areas: his work on charitable contributions. he and i have led the effort to protect charitable donations. both of us don't consider charity some kind of tax loophole. we consider them a lifeline for the american people, so i look forward to senator thune's remarks on several issues. madam president, with respect to senator rockefeller, one of the challenges right now for some of us is to almost get our arms around the

mr. wyden: mr. president, i'm here to talk about the intelligence committee report, but before he leaves the floor, i just want to tell my colleague from nebraska how much i appreciate his service and just want to note for the body that in the effort to build a bipartisan coalition for major tax reform, mike johanns was the senator that all of us thought we needed his counsel on and i want to thank him. i'll have more to say about his career before the end of this week. mr. president, i ask unanimous consent that kelly tribble spencer, a detailee in my office be granted privileges of the floor for the remainder of the 113th congress. the presiding officer: without objection. mr. wyden: mr. president, i served on the senate intelligence committee for 14 years and came to the senate floor in spring of 2005 to join senator rockefeller in calling for the committee to investigate the c.i.a.'s interrogation activities and the possible use of torture. in 2009 i joined my intelligence colleagues in voting t

mr. hatch. >> good morning, chairman wyden, ranking member hatch, other members of the committee. i'm honored by your invitation to be with you. my experience in the financial services field began 63 years ago a long time. in 1974 i founded the vanguard group, a new company on the mutual fund scene and we now manage $3 trillion worth of other people's money and become the largest mutual fund firm in the world. the principle reason for that success, that success is a fair description, is in 2008 this single firm has accounted for almost one-half of the mutual funds industry's entire cash flow is simple. we were founded with a single focus, to serve mutual fund investors. our management company and this is important, the vanguard group, is owned not by its managers, nor by the public, nor by u.s. or foreign insurance companies or financial conglomerate. today unfortunately the industry's most prevalent corporate structure. we're owned by our mutual fund which in turn are owned by our 20 million mutual fund shareholders. we are uniquely a mutual fund complex. we operate the funds on

mr. scott betts. >> thank you, chairman wyden, ranking member hatch and members of the finance committee for the opportunity to talk about her employer-sponsored system. my name is scott betts, senior vice president of national benefit services. mbs is a fee-for-service third-party administrator specializing in the administration of all types of employer-sponsored retirement plans. nbs has more than 225 employees located in west utah and supports more than 7500 retirement benefit plans in 46 states. our goal is to give every working american the ability to save for a comfortable retirement. i've been working with employers on their plans for a most 20 years and can tell you firsthand that qualified retirement plans like 401(k) plans are proving successful for millions of american workers. what i see everyday is born onto some important statistics. middle-class families representing the overwhelming majority, 401(k) plans make less than $100,000 per year in 43% of participants make less than $50,000 per year. an analysis by the nonpartisan employee benefits institute found over 70% of workers earn between $3

mr. litt. so last year, your boss, in exchange with senator wyden, did intentionally, at least on sfi indicate, what would you say to the millions of americans around the country that is concerned with overpolicing and their exposure to hyper vigilant justice where people are being murdered in the streets with impunit impunity, that officials are, whether it's the cia hacking the senate, when there's impunity for espionage operations and lying to the people's representatives without legal consequence, what is your message to the communities of color that are overpoliced? >> i'm not going to talk about community of color. i do know something about director clapper. i don't know if you've had a chance to read the letters i wrote to "the new york times" and the "new yorker" about this. it is utterly wrong to say that he lied. there's a famous quote from justice oliver wendell holmes that says even a dog knows the difference between being kicked and tripped over. lying means you're saying a conscious falsehood intentional. i can tell you he made a mistake. he acknowledged making a mistake. he was a

mr. litt. so last year, your boss, in an exchange with senator wyden, did intentionally, at least obfuscate a question he later being acknowledged in writing was quote, clearly erroneous. the question i have for you is, what would you say to millions of americans around the country concerned with overpolicing and their exposure to hyper vigilant justice severe that unarmed people are being murdered in the streets with impunity, while officials paid in taxpayer dollars commit clear crimes? whether it is your boss lying to congress or whether cia hacking senate. when there is impunity for espionage operations and lying to the people's representatives without legal consequence, what is your message to communities of color that are overpoliced? >> so i'm not going to talk about communities of color. i do know something about director clapper. i to don't know if you have ad chance to i wrote to the "new york times" and about this, iterly wrong to say he lied. a famous quote from justice oliver wendell holmes, a dog knows the difference being tripped and kicked over. the point that lying means you're saying

mr. wyden: mr. president? mr. president? with this stop-and-go tax extender bill, the congress is turning in its tax homework -- the presiding officer: if the senator would suspend? the clerk will report. the clerk: calendar number 627, h.r. 5771, an act to amend the internal revenue code of 1986 and so forth and for other purposes. the presiding officer: the senator from oregon. mr. wyden: mr. president, with this tax bill, the congress is turning in its tax homework 11 1/2 months later and expects to earn full credit. mr. roberts: mr. president? mr. president, the senate is not in order. the chairman deserves to be heard. the presiding officer: the senate will be in order. mr. wyden: mr. president, this package of tax incentives will last just two weeks before families and businesses are thrown back into the dark with respect to the taxes they owe. the legislation accomplishes nothing for 2015. the debate takes place against a backdrop of positive economic news showing that unemployment is down an

mr. wyden: mr. president? the presiding officer: the senator from oregon. mr. wyden: mr. president, i ask unanimous consent the senate proceed to the immediate consideration of h.r. 5701, which is at the desk, that the bill be read three times and passed, and the motions to reconsider be laid on the table, with no intervening action or debate. the presiding officer: is there objection? mr. vitter: mr. president? the presiding officer: the senator from louisiana. mr. vitter: mr. president, on behalf of senator sessions, i object. the presiding officer: objection is heard. mr. wyden: mr. president, this objection is very unfortunate, as the oregon congressional delegation has teamed up in a bipartisan way to provide, among other things, trust land for the two remaining native american tribes in our state that have no land base. these tribes have been waiting for over 100 years, and senator merkley and i, with the whole oregon congressional delegation, intend to be back early next year and will be work

senators as follows: reid, wyden, mikulski, cardin, murphy, warren, gillibrand, harkin, king, blumenthal, schumer, hirono, klobuchar, boxer, sanders, whitehouse and merkley. mr. reid: madam president? madam president? the presiding officer: the majority leader. mr. reid: a number of senators have come to me indicating that they've read -- the presiding officer: the senate will be in order. mr. reid: they've read the rules and the time for a vote is 15 minutes. through the chair, is it true the extra five minutes is not in the rule? the presiding officer: would the senator restate the last part? mr. reid: we have been calling votes at the end of 20 minutes. it's my understanding, madam president, that the rule calls for votes being 15 minutes in length. the presiding officer: it's a 15-minute vote with a 5-minute grace period. mr. reid: five-minute grace period? is that in the rule, the grace period? the presiding officer: the chair will research the unanimous consent from january of last -- mr. reid: in the meantime, madam president, i move to proceed to legislative session. the presiding officer: is there a sufficient second? mr. hatch: madam president? mad

mr. grassley: just before our august recess, this body passed s. resolution 525. i thank senator wyden, the vice chair of the whistle-blower protection caucus that i'm starting next year, for being an original cosponsor of that resolution. resolution 525 recognized july 31 as national whistle-blower appreciation day. on that day way back in 1778, the continental congress passed the first whistle-blower law in the united states. i'd like to quote: "resolved that it is the duty of all persons in the service of the united states to give the earliest information to congress or other proper authority of any misconduct, fraud or misdemeanors committed by any officers or persons in the service of these states which may come to their knowledge." end of the quote of that resolution. this resolution was passed by the continental congress in 1778 without a recorded dissent. then and now, congress's control of the purse strings has given us an obligation to guard against wasteful and fraudulent spending. on this past july 31, whistle-blower groups met to honor some of our colleagues on the hill fo