E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, FRIDAY, OCTOBER 1, 2004 No. 122 House of Representatives The House was not in session today. Its next meeting will be held on Monday, October 4, 2004, at 12:30 p.m. Senate FRIDAY, OCTOBER 1, 2004

The Senate met at 9:30 a.m. and was SCHEDULE the course of the last week to comment called to order by the President pro Mr. FRIST. Mr. President, good on the progress being made on the bill. tempore (Mr. STEVENS.) morning to everyone. We will continue to monitor the Today, we once again will return to progress. The bill itself is being dis- PRAYER the intelligence reform legislation cussed after full hearings in August The Chaplain, Dr. Barry C. Black, of- sponsored by Senators COLLINS and and months and months of work, so the fered the following prayer: LIEBERMAN. This week, we have made objective of completing this bill in the Let us pray. steady progress. As we set out, we will near future, both the internal organiza- O, God, who sends showers to soften be completing this bill in the near fu- tion, reorganization, and external by the soil and cause plants to sprout, You ture, but we have a number of amend- the time we depart, is the goal we hope are the source of all life. You have ments. I thank both of the managers to accomplish. We need to continue challenged us to number our days, not for their patience and willingness to with the deliberative process, but we our weeks, months, or years. Give us work through a maze of amendments. do need to bring the bill to a conclu- wisdom to comprehend the brevity and We had all amendments submitted 2 sion; therefore, there is a sense of ur- uncertainty of our life’s journey. For- days ago and all the language for the gency to have Members come to the give us when we boast about tomorrow, amendments as of yesterday. The man- Chamber and discuss their amend- forgetting that our times are in Your agers and staff and Senators have been ments. hands. working hard over the course of the We had, as of 4 o’clock yesterday, 233 Today, bless our lawmakers and their night to look at the amendments, to filed amendments. The Senate has con- staffs. Remind them that they belong address them, and to establish an order sidered 34 amendments thus far, and 15 to You and that You will order their to which they can be addressed over have been adopted, 5 tabled, and 14 are steps. As they wrestle with complex today and Monday. still pending. issues, help them seek Your wisdom As announced last night, there will Having said that, cloture may be a and guidance. Empower them as stew- be no rollcall votes today. We will have necessary tool. Again, the Democrat ards of Your bounty, as You make a full day of debate with a number of leader and I have been in consultation. them faithful in the vocation to which people speaking on their individual We first mentioned cloture a couple You have called them. amendments. We will continue to move days ago. It is a tool we might use. I We pray in Your Holy Name. Amen. forward. A number of Senators have point out that amendments that have committed to being present today to been filed that are ready to be consid- f offer their amendments. I thank them ered right now and even after cloture PLEDGE OF ALLEGIANCE in advance for their participation. I en- will remain, and we have 30 hours and The PRESIDENT pro tempore led the courage them to talk to the managers could consider, of course, at that point Pledge of Allegiance, as follows: as to roughly when we will be dis- all germane amendments. I pledge allegiance to the Flag of the cussing each of those amendments. I will be in consultation with the United States of America, and to the Repub- Monday, the plans are to stack the Democratic leader over the course of lic for which it stands, one nation under God, votes. We will have a series of votes, the day. We will have a full day today. indivisible, with liberty and justice for all. probably beginning around 3 o’clock I appreciate everyone’s consideration. f Monday. There will be a series of roll- We are also—not on the Senate floor call votes beginning midafternoon. The but in a task force—considering the RECOGNITION OF THE MAJORITY specific time we will announce a little Senate’s oversight of intelligence and LEADER bit later today. homeland security. A number of people The PRESIDENT pro tempore. The The Democratic leader and I have are asking: What is the appropriate ve- majority leader is recognized. come to the Senate floor regularly over hicle? We are concentrating through

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10195

. S10196 CONGRESSIONAL RECORD — SENATE October 1, 2004 the Collins-Lieberman bill on the ex- Even after making modifications, the Relations Committee and declared that ternal relationships, but what about vote on the Security Council was 11 to the State Department’s studied judg- the internal relationships? The appro- 0, with Algeria, China, Pakistan, and ment is that genocide has indeed oc- priate vehicle and the vehicle that has Russia abstaining. curred. Last night, in the debates, we been set up by the Democratic leader The measure calls upon Secretary heard both Senator KERRY, from this and myself is through Senate resolu- General Kofi Annan to create an inter- floor, and the President of the United tion where specific changes to the Sen- national commission to determine if States call what is occurring in Darfur ate Select Committee on Intelligence the campaign by marauding Arab mili- genocide. It is now time for the inter- would be entertained and where we tias—that Jinjaweed—against the vil- national community to act. would deal with the changes in the lagers of Darfur in western Sudan has Multiple sources are reporting from Senate results, especially as it applies reached the level of genocide. the region that attacks by both the to committee jurisdictions. The resolution also reinforces the Jinjaweed and Government forces— It is my hope we can come to final role of the 53-member African Union in again, it is the Government forces who agreement on this package by next Fri- taking the lead in calming the situa- are, through direct and indirect aid, day. The Democratic leader and I await tion in Darfur and calls on other na- supporting this militia called the tions and the Government of Sudan to the specific recommendations from the Jinjaweed—are still occurring despite help it expand its presence there with task force we appointed about a month the U.N.’s passage of Resolution 1556 ago. thousands of additional troops. As the international community last month that, among other things, We have had a long week, a very pro- called for a halt to such actions. ductive week. We have accomplished a knows, the Congress made this deter- I am pleased by the passage of this great deal. The task before the Senate mination in late July. It was no secret latest U.N. resolution, but I am not op- is in reforming the intelligence com- then, nor is it now, that the Jinjaweed timistic. I am pleased but not opti- munity’s responsibility and oversight. are supported and directed by Khar- mistic. Khartoum did not live up to the It is a huge but an essential task. We toum; that is, by the Government of learned on 9/11 how our enemies are Sudan, which has a sovereign responsi- requirements set forth in the U.N.’s working day and night to visit terror bility to not do that but protect its July 30 resolution, so why do we be- on our soil. That is what we have people, not to kill them. lieve they will now? learned since September 11. They The Jinjaweed have killed or partici- Khartoum will not end its genocide dream of ever more catastrophic at- pated in the deaths of up to about until it has either completed it or until tacks. They plot and they plan in the 50,000 people in Darfur. They have en- it faces stiff international actions that false belief that they will elude cap- gaged in mass rape of women and girls compel it to stop. We need the inter- ture. They are absolutely wrong. and destroyed crops and polluted water national community to stand up. The The work we do this week and next supplies. They have forced over 1.2 mil- United States is standing up. We need week in the Senate will strengthen our lion people to leave their homes, leave the international community to stand defenses and it will improve our ability their villages, once pillaged. up. to gather data, to analyze data, and to Last month, as I mentioned on the This body has unanimously passed, defeat our enemies. It will help us find floor of the Senate, I had the oppor- since that time, a second resolution them and to stop them and bring them tunity to travel through a refugee urging the Secretary of State to take to justice. When we are done, America camp called Tulum, which is right on appropriate actions within the U.N. to will be safer and more secure. the border, about 30 kilometers from ‘‘suspend’’ Sudan’s membership on the the border in Chad, where many people f U.N. Human Rights Commission. Such have fled over the border. I had an op- an action would be consistent with our DARFUR portunity to talk to women in little obligations under the 1948 Genocide Mr. FRIST. Mr. President, I will makeshift tents, women who had lost Convention and help preserve the in- comment briefly on a topic that we their husbands, killed by the tegrity of this commission; that is, the will not be addressing in the Senate, Jinjaweed, who were separated from United Nations Human Rights Commis- and therefore, before we dive into the their children, lost as they had to flee sion. Failure to take this action, I be- bill, I will mention the issue of the their burning villages. lieve, mocks the principles and purpose It is wrong. We have spoken on this Sudan. for which the commission was formed; floor. We need to continue to speak and Just to update my colleagues because that is, human rights. Yet in Sudan we to act and to encourage the United Na- on occasion it has been on the front have what we have called, and with the page, but we have not heard as much tions to act. The United States, under President ravaging of villages we have seen, about it over the last several weeks, genocide. yet what is occurring, what we have Bush’s leadership, has led the way called genocide in this body and in the globally on this issue from the begin- Further, our resolution passed on House of Representatives, indeed, con- ning. It does, once again, show the im- this floor calls upon the Secretary of tinues to occur. portance of the United States acting State to pursue Sudan’s permanent re- Two and a half weeks ago, the U.N. even if the world community is slow to moval from the U.N. Human Rights Security Council passed a second reso- react, as we saw in the abstention of Commission if the U.N. determines, as lution on the Sudan. This resolution the resolution the other day by Alge- it should, that genocide has been com- holds out the threat of sanctions on ria, China, Pakistan, and Russia. mitted in the Darfur and that Khar- Sudan’s leaders and its oil industry if The United States has supplied well toum is responsible. the Government fails to act, fails to over 70 percent of the humanitarian ef- The U.N. cannot continue to pass res- curb the ethnic violence in Darfur. fort and other supplies going to sur- olution after resolution nor can the The Darfur region is in western vivors now in Darfur and in that east- international community stand idly by Sudan. The Darfur region is about the ern part of Chad, and we have been pro- while thousands die monthly in these size of France. Around 50,000 people viding assistance there for years. So we remote regions of Sudan and eastern have died in that region in the last sev- need to be very proud as a nation. In Chad. Our failure to act is not just an- eral months, with hundreds of thou- parts of the Darfur region, we are pro- other failure of the U.N., it is a failure sands more at risk. viding 90 to 95 percent of all the world of our own humanity. I am very pleased by the action of aid going in to assist the people in Mr. President, I yield the floor. the United Nations, even though, de- those regions. spite the best efforts of the United We need to do a lot more. We need to f States, I believe the resolution should work with and encourage the inter- have been a lot tougher and it would national community to do its share, es- RESERVATION OF LEADER TIME have had a much greater impact. It is pecially the countries of the European no surprise some countries do not Union and Arab League. The PRESIDENT pro tempore. Under share our outrage and determination to This month, Secretary of State Colin the previous order, the leadership time end those atrocities. Powell came before the Senate Foreign is reserved. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10197 NATIONAL INTELLIGENCE REFORM Mr. ALLARD. I ask unanimous con- sponse to emergencies, critical infrastruc- ACT OF 2004 sent that the pending amendments be ture protection, and other functions of the Department; and The PRESIDENT pro tempore. Under set aside, and I call up amendment No. 3765. ‘‘(iii) coordinating with users of geographic the previous order, the Senate will re- information within the Department to as- sume consideration of S. 2845, which The PRESIDENT pro tempore. With- sure interoperability and prevent unneces- the clerk will report. out objection, it is so ordered. sary duplication. The legislative clerk read as follows: The clerk will report. ‘‘(D) RESPONSIBILITIES.—In carrying out A bill (S. 2845) to reform the intelligence The legislative clerk read as follows: this subsection, the responsibilities of the community and the intelligence and intel- The Senator from Colorado [Mr. ALLARD] Chief Information Officer shall include— ligence-related activities of the United proposes an amendment numbered 3765. ‘‘(i) coordinating the geographic informa- States Government, and for other purposes. Mr. ALLARD. Mr. President, I ask tion needs and activities of the Department; unanimous consent that reading of the ‘‘(ii) implementing standards, as adopted Pending: by the Director of the Office of Management Collins Amendment No. 3705, to provide for amendment be dispensed with. and Budget under the processes established homeland security grant coordination and The PRESIDENT pro tempore. With- under section 216 of the E-Government Act of simplification. out objection, it is so ordered. 2002 (44 U.S.C. 3501 note), to facilitate the Lautenberg Amendment No. 3767, to speci- The amendment is as follows: interoperability of geographic information fy that the National Intelligence Director (Purpose: To provide for additional respon- pertaining to homeland security among all shall serve for one or more terms of up to 5 sibilities for the Chief Information Officer users of such information within— years each. of the Department of Homeland Security ‘‘(I) the Department; Kyl Amendment No. 3801, to modify the relating to geographic information) ‘‘(II) State and local government; and privacy and civil liberties oversight. ‘‘(III) the private sector; McCain/Lieberman Amendment No. 3807, to At the appropriate place, insert the fol- ‘‘(iii) coordinating with the Federal Geo- develop a strategy for combining terrorist lowing: graphic Data Committee and carrying out travel intelligence, operations, and law en- SEC. ll. HOMELAND SECURITY GEOGRAPHIC the responsibilities of the Department pursu- forcement. INFORMATION. ant to Office of Management and Budget Cir- Feinstein Amendment No. 3718, to improve (a) FINDINGS.—Congress finds that— cular A–16 and Executive Order 12906; and the intelligence functions of the Federal Bu- (1) geographic technologies and geographic ‘‘(iv) making recommendations to the Sec- reau of Investigation. data improve government capabilities to de- Stevens Amendment No. 3839, to strike sec- tect, plan, prepare, and respond to disasters retary and the Executive Director of the Of- tion 201, relating to public disclosure of in- in order to save lives and protect property; fice for State and Local Government Coordi- telligence funding. (2) geographic data improves the ability of nation and Preparedness on awarding grants Ensign Amendment No. 3819, to require the information technology applications and to— Secretary of State to increase the number of systems to enhance public security in a cost- ‘‘(I) fund the creation of geographic data; consular officers, clarify the responsibilities effective manner; and and and functions of consular officers, and re- (3) geographic information preparedness in ‘‘(II) execute information sharing agree- quire the Secretary of Homeland Security to the United States, and specifically in the De- ments regarding geographic data with State, increase the number of border patrol agents partment of Homeland Security, is insuffi- local, and tribal governments. and customs enforcement investigators. cient because of— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Reid (for Schumer) Amendment No. 3887, (A) inadequate geographic data compat- There are authorized to be appropriated such to amend the Foreign Intelligence Surveil- ibility; sums as may be necessary to carry out this lance Act of 1978 to cover individuals, other (B) insufficient geographic data sharing; subsection for each fiscal year.’’. than United States persons, who engage in and Mr. ALLARD. Mr. President, to brief- international terrorism without affiliation (C) technology interoperability barriers. ly explain the amendment, it provides with an international terrorist group. (b) HOMELAND SECURITY GEOGRAPHIC INFOR- additional responsibilities for the Chief Reid (for Schumer) Amendment No. 3888, MATION.—Section 703 of the Homeland Secu- Information Officer, Department of to establish the United States Homeland Se- rity Act of 2002 (6 U.S.C. 343) is amended— Homeland Security, relating to geo- curity Signal Corps to ensure proper commu- (1) by inserting ‘‘(a) IN GENERAL.—’’ before nications between law enforcement agencies. ‘‘The Chief Information’’; and graphic information. This amendment Reid (for Schumer) Amendment No. 3889, (2) by adding at the end the following: has been discussed by both managers, to establish a National Commission on the ‘‘(b) GEOGRAPHIC INFORMATION FUNC- the Senator from Maine and the Sen- United States-Saudi Arabia Relationship. TIONS.— ator from Connecticut. My under- Reid (for Schumer) Amendment No. 3890, ‘‘(1) DEFINITION.—In this subsection, the standing is the amendment has been to improve the security of hazardous mate- term ‘geographic information’ means the in- rials transported by truck. agreed to. formation systems that involve locational The PRESIDENT pro tempore. The Reid (for Schumer) Amendment No. 3891, data, such as maps or other geospatial infor- to improve rail security. mation resources. Senator from Maine. Reid (for Schumer) Amendment No. 3892, ‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.— Ms. COLLINS. Mr. President, I com- to strengthen border security. ‘‘(A) ESTABLISHMENT.—The Office of mend the Senator from Colorado for Reid (for Schumer) Amendment No. 3893, Geospatial Management is established with- the work that he has done in coordi- to require inspection of cargo at ports in the in the Office of the Chief Information Offi- nating the geospatial information United States. cer. Reid (for Schumer) Amendment No. 3894, needs of the Department of Homeland ‘‘(B) GEOSPATIAL INFORMATION OFFICER.— to amend the Homeland Security Act of 2002 Security. He first introduced a bill on ‘‘(i) APPOINTMENT.—The Office of this issue last year. He has been a lead- to enhance cybersecurity. Geospatial Management shall be adminis- The PRESIDENT pro tempore. The tered by the Geospatial Information Officer, er in pushing for improvements in how Senator from Maine. who shall be appointed by the Secretary and this information is handled. This legis- Ms. COLLINS. Mr. President, I sug- serve under the direction of the Chief Infor- lation was recently reported as a sepa- gest the absence of a quorum. mation Officer. rate bill by the Governmental Affairs The PRESIDENT pro tempore. The ‘‘(ii) FUNCTIONS.—The Geospatial Informa- Committee. It is acceptable and clerk will call the roll. tion Officer shall assist the Chief Informa- cleared on both sides. I urge adoption The legislative clerk proceeded to tion Officer in carrying out all functions of the amendment. under this section and in coordinating the The PRESIDENT pro tempore. Is call the roll. geographic information needs of the Depart- Mr. ALLARD. Mr. President, I ask ment. there further debate? Without objec- unanimous consent that the order for ‘‘(C) COORDINATION OF GEOGRAPHIC INFORMA- tion, the amendment is agreed to. the quorum call be rescinded. TION.—The Chief Information Officer shall The amendment (No. 3765) was agreed The PRESIDENT pro tempore. With- establish and carry out a program to provide to. out objection, it is so ordered. for the efficient use of geographic informa- The PRESIDENT pro tempore. The AMENDMENT NO. 3765 tion, which shall include— Senator from Colorado. Mr. ALLARD. Mr. President, my un- ‘‘(i) providing such geographic information Mr. ALLARD. Mr. President, I rise as may be necessary to implement the crit- today to discuss the Collins-Lieberman derstanding is that there is a pending ical infrastructure protection programs; amendment before the Senate; is that ‘‘(ii) providing leadership and coordination bill. Later I will have another amend- correct? in meeting the geographic information re- ment that I will offer. The PRESIDENT pro tempore. The quirements of those responsible for planning, First, I thank the managers of the Senator is correct. There are several. prevention, mitigation, assessment and re- bill, Senator COLLINS and Senator S10198 CONGRESSIONAL RECORD — SENATE October 1, 2004 LIEBERMAN, for their efforts in getting and strategies for our diplomatic corps munity, these same supervisors require at least one of my amendments accept- to reach out and lead troubled regions streamlined dismissal or termination ed. The other is pending. One involves of the world against terrorism’s mis- mechanisms for personnel failing to the Department of Homeland Security guided principles and cowardly acts. satisfy standards. and its ability to detect, plan, and pre- We need transformational military im- The bill before us today directs spe- pare for disaster by better utilizing provements to engage where and when cific authorities and changes to per- geospatial data throughout the U.S. our diplomacy does not succeed. formance compensation and incentives Government. I thank both of them for The 9/11 Commission also fashioned across the national intelligence pro- that support. more than three dozen recommenda- gram. Section 163 explicitly grants the The other amendment assures that tions to address these national security National Intelligence Director authori- the national intelligence director will shortfalls. I applaud the effort of the ties governing new National Intel- take action to ensure that commercial chairman and ranking member of the ligence Authority employees that mir- satellite imagery is used to fulfill the Governmental Affairs Committee in ror the authority held by the Director imagery information requirements of developing the proposals before us of Central Intelligence Agency relative the intelligence community. Both are today. I agree with the majority of the to CIA employees. important to the ongoing safety and initiatives in the intelligence reform In section 301, the bill goes on to am- security of the country. I am pleased to legislation. The Collins-Lieberman bill plify the CIA Director’s authority to see the adoption of one, and further will improve our ability to develop ac- terminate employees ‘‘. . . whenever consideration of the other. tionable intelligence and increase our the Director considers the termination In a moment I would like to offer a Government’s coordination and respon- of employment of such officer or em- third amendment to strengthen the bill siveness. Elevating the roles and re- ployee necessary or advisable in the in- regarding management of the intel- sponsibilities of today’s Director of terests of the United States.’’ ligence community workforce. Before I Central Intelligence to the level of a This is clear, unequivocal, and pru- offer my amendment, I would like to national intelligence director, includ- dent authority that will bolster our in- talk generally about the overall intel- ing the robust planning and budgeting telligence leaders’ personnel manage- ligence reform legislation. authority, is prudent and much needed. ment capabilities. But I believe we September 11, 2001, was a day that Establishment of strategic intel- need to go further. none of us will forget in our lifetimes. ligence planning and fusion centers AMENDMENT NO. 3778 Mr. President, 9/11 was a harsh wake-up such as the national counterterrorism Mr. President, at this time, I ask call for our country. That catastrophic center will also greatly strengthen our unanimous consent that we lay aside day forced us to recognize new threats national security team’s ability to con- the pending amendment and that the and to energize our Government to rise nect the dots. We need to identify clerk report amendment No. 3778, up and eliminate terror threats and trends, anticipate threats, and develop which is at the desk. modernize our national security insti- coordinated plans to attack threats The PRESIDENT pro tempore. With- tutions. Our Government has moved prior to their realization. out objection, the pending amendment quickly and comprehensively to imple- However, I am not convinced we are is set aside. ment a significant body of govern- effectively matching solutions to iden- The clerk will report. The legislative clerk read as follows: mental reforms. tify problems in all cases. My concerns It is a fact that through hard work are heightened because today we are a The Senator from Colorado [Mr. ALLARD] proposes an amendment numbered 3778. and strong leadership, President Bush’s nation at war. Our men and women of administration has already imple- the Armed Forces and the intelligence The amendment is as follows: mented planning of significant im- community are in harm’s way. I am (Purpose: To improve the management of the provements to our Government’s intel- personnel of the National Intelligence Au- just not certain that we have thought thority) ligence planning and operations. Of the through adequately the management On page 113, between lines 17 and 18, insert 39 recommendations from the 9/11 Com- changes or the unintended con- the following: mission that the President could le- sequences relative to Defense Depart- (b) TERMINATION OF EMPLOYEES.—(1) Not- gally implement through Executive ment operations. I will follow closely withstanding any other provision of law, the order, only three remain to be ad- the remainder of the debate to under- National Intelligence Director may, in the dressed. It is a good idea, as we con- stand better the potential adverse ef- discretion of the Director, terminate the em- sider reforms to our intelligence com- fects prior to voting to support them. ployment of any officer or employee of the munity, to review again what the 9/11 I am pleased to see the attention fo- National Intelligence Authority whenever the Director considers the termination of Commission concluded. cused by the 9/11 Commission Report employment of such officer or employee nec- The 9/11 Commission primarily found and the Collins-Lieberman bill on the essary or advisable in the interests of the that, first, we were slow to respond to topic of personnel management policies United States. a clear and emerging threat. For far and practices across the intelligence (2) Any termination of employment of an too long we stood still while extremist community. Both panels recognize that officer or employee under paragraph (1) shall radical Muslims hijacked religion to in order to effect such a magnitude of not affect the right of the officer or em- stir up hatred, hijacked a country to change in our Federal Government, ployee to seek or accept employment in any operate their base camps from, and hi- uniform personnel standards and train- other department, agency, or element of the United States Government if declared eligi- jacked our airliners to murder more ing are needed to align individual ble for such employment by the Office of than 3,000 of our fellow Americans. mindsets with the desired objectives. Personnel Management. Second, we had inadequate human in- Our national security requirements On page 113, line 18, strike ‘‘(b) RIGHTS AND telligence assets around the world to demand that we recruit and retain the PROTECTIONS’’ and insert ‘‘(c) OTHER RIGHTS observe such threats and effectively best and the brightest defense and in- AND PROTECTIONS’’. warn us of impending dangers. telligence personnel our country has to On page 113, after line 24, add the fol- Third, for the intelligence we did get, lowing: offer. (d) EXCLUSION FROM CERTAIN PERSONNEL we lacked an effective bureaucracy to We need to ensure the National Intel- MANAGEMENT REQUIREMENTS.— integrate disparate but related pieces ligence Director is armed with both au- (1) PERFORMANCE APPRAISALS.—Section of information, and we lacked a strong thority and flexibility to enforce only 4301(1)(ii) of title 5, United States Code, is quarterback to coordinate intelligence the highest performance and ethical amended by inserting ‘‘the National Intel- programs against emerging threats, to standards across the intelligence com- ligence Authority,’’ before ‘‘the Central In- plan long-term strategies, or to steer a munity. This requires modern per- telligence Agency,’’. change of course when the situation sonnel management policies and regu- (2) LABOR-MANAGEMENT RELATIONS.—Sec- tion 7103(a)(3) of that title is amended— dictated. lations that incorporate competitive (A) in subparagraph (G), by striking ‘‘or’’ Fourth, our military was not ade- compensation, incentives, and super- at the end; quately prepared to deal with the visory flexibility. (B) in subparagraph (H), by striking the pe- threat that day. And last and maybe To keep pace with the dynamic work riod at the end and inserting a semicolon; most importantly, we need new tools environment of the intelligence com- and October 1, 2004 CONGRESSIONAL RECORD — SENATE S10199 (C) by adding at the end the following new the largest consumer. Our Nation’s sor—is to, in the words of the 9/11 Com- subparagraphs: military, the most powerful and pro- mission—‘‘speed up the nomination, fi- ‘‘(I) the National Intelligence Authority; ficient ever assembled in the history of nancial reporting, security clearances, ‘‘(J) the Defense Intelligence Agency; the world, hinges on a seamless and un- and confirmation process for national ‘‘(K) the National Geospatial-Intelligence Agency; or broken flow of intelligence informa- security officials at the start of an ad- ‘‘(L) any other Executive agency or unit tion—regardless of whether that intel- ministration.’’ thereof which is designated by the President ligence information is ‘‘national’’ or In other words, in plain English, to and the principal function of which is the ‘‘tactical.’’ make it possible, if President Bush re- conduct of foreign intelligence or counter- As we consider the Collins-Lieberman organizes his administration in a sec- intelligence activities.’’. intelligence reform bill, let us redouble ond term, or if Senator KERRY is the (e) REGULATIONS.—(1) In carrying out the our efforts to ensure we’re matching new President, they have 3,361 appoint- responsibilities and authorities specified in ments to make. I think it would come sections 112 and 113 and this section (includ- solutions to identified problems. As ing the amendments made by this section), long as we keep this perspective, I am as a great shock to many of the voters the National Intelligence Director shall pre- confident this body will do the right who are voting for one of them, and it scribe regulations regarding the manage- thing. will come as a shock, no doubt, to some ment of personnel of the National Intel- Mr. President, I yield floor. of the people they nominate to know ligence Authority. The PRESIDENT pro tempore. The that if, for example, a President Bush (2) The regulations shall include provisions Senator from Maine is recognized. or a President KERRY picks a new Sec- relating to the following: Ms. COLLINS. Mr. President, I thank retary of HHS or Secretary of Edu- (A) The applicability to the personnel of the Authority of the authorities referred to the Senator from Colorado for his gen- cation or Secretary of Defense, to in subsection (a). erous comments. I very much enjoy begin with, that person is not allowed (B) The exercise of the authority under working with him on the Armed Serv- to go to the office of the Secretary of subsection (b) to terminate officers and em- ices Committee. He brings a great deal Defense or the Secretary of HHS or the ployees of the Authority. of expertise to this debate. Secretary of Education until he or she Mr. ALLARD. Mr. President, my The amendment he has proposed this is confirmed by the Senate. amendment will accomplish the fol- morning is one that our staffs are In other words, here we are in a war lowing: first, expressly grant this ter- starting to look at. I suggest that it be on terror. The President says he has a mination authority to the National In- set aside so that we can do more anal- new appointment requiring Presi- telligence Director in the statute; and ysis of it, but I appreciate the spirit in dential confirmation, let’s say for Sec- second, direct the National Intel- which it was offered. retary of State. That person is not al- ligence Director to prescribe regula- The PRESIDENT pro tempore. Is lowed, out of courtesy to this body, to tions specifying the exercise of this there objection to setting aside this go into the office of the Secretary of termination authority. amendment? The amendment is set State until we confirm them. One Notwithstanding this broad author- aside. might say, well, there is nothing so ity already in place today, the Director Who seeks recognition? wrong about that. That should not of Central Intelligence maintains regu- Mr. LIEBERMAN. Mr. President, I take more than a few days, with the lations that are inefficient, not appro- thank the Senator for his statements kind of well-known person the Presi- priate for today’s security environ- about the Collins-Lieberman legisla- dent would probably pick—someone, ment, and are out of sync with his tion and also thank him for the amend- for example, of the stature of Colin broad authority. For example, an intel- ment. This looks to be exactly like the Powell. ligence supervisor who deems an officer legislation the Senator and Senator I will give you an example of why it or employee as unsuitable is often re- AKAKA introduced, which came out of takes longer than a few days. The Pre- quired to maintain that employee in our committee. This is the right mo- siding Officer, the Senator from Con- sensitive positions while adverse per- ment, and it strengthens the bill. I necticut, the Senator from Maine, all sonnel action is initiated. thank him for his persistence in offer- of us remember and know well Senator After a final termination decision is ing it. I am glad we added it. Howard Baker, who was the majority rendered by the agency, the employee I yield the floor. leader of this body. Senator Baker, at can engage in a lengthy appeals proc- Mr. ALLARD. I thank the managers one time, if memory serves me cor- ess, both internal and external to the for their kind comments. rectly, was selected as the most ad- agency, that could last at least a year. The PRESIDENT pro tempore. The mired Senator in a poll participated in In my opinion, this practice is not in Senator from Tennessee is recognized. by both Democratic Senators and Re- the best interest of the United States, Mr. ALEXANDER. Mr. President, publican Senators. He is known pretty and indeed presents a clear security this morning, I want to take a few min- well. He is today the Ambassador to risk. utes to talk about an amendment that Japan, nominated by President Bush. With regulations requiring stream- was adopted yesterday. It was spon- The Japanese consider that to be a lined employee termination practices, I sored by the Senator from Ohio, Mr. great compliment to the country, to believe we can improve national secu- VOINOVICH. have someone of such stature. rity and fiscal responsibility across the The amendment is about the 3,361 However, Howard Baker reminded me National Intelligence Authority. My Presidential appointees and how they this week when I called him that when amendment would enhance this respon- are confirmed. I am glad to see that as he was nominated by the President to sibility, and I urge my colleagues to I am speaking the President pro tem- be Ambassador to Japan, it took him support my amendment. pore is here because he has been a Pres- weeks to fill out the forms to be ap- Mr. President, the Chair and Ranking idential appointee in an earlier admin- proved by the FBI, approved by the Members, indeed all Members of the istration. I am glad to see both the Government Ethics Office, nominated Government Affairs Committee, have chairman and ranking member of the by the President, and confirmed by the served our country well. The Collins- Governmental Affairs Committee here Senate. He told me specifically that he Lieberman bill for intelligence reform because their committee deals with spent more money hiring people to help brings forth bold and sweeping changes this issue. This is the kind of issue that him fill out his forms accurately so he to our critical national security insti- never makes the front page and is al- would not go to jail by making a mis- tutions. Accordingly, it is essential ways on the back burner. But it has a take than he made in his first year as that we get this right. More is at stake major practical effect on how our Gov- Ambassador to Japan. than simply moving boxes around on ernment works. Let’s think of that. Here is a highly an organization chart. The decisions The 9/11 Commission has reminded respected individual, at the time 75 or we make over the next several days us, once again, of the problem we have. 76 years old. He has been filling out will be far-reaching and have signifi- What the 9/11 Commission rec- forms for 18 years as a Member of this cant consequences. Our Armed Forces ommended, and what Senator body. He has run for President. He has are not only the largest provider of in- VOINOVICH’s amendment would do—an been White House Chief of Staff. He is telligence information, they are also amendment that I was glad to cospon- the most admired Senator. Yet by our S10200 CONGRESSIONAL RECORD — SENATE October 1, 2004 requirements it takes several weeks of last night—two distinguished competi- that when we get busy, sometimes we his time, and he spends more money tors, both doing pretty well, I contribute to the delay. hiring people to fill out his forms than thought—they take off in January and So the Voinovich amendment does he made in his first year in his Govern- say: Let’s go this way and what hap- not by itself solve the problem. It sets ment job. pens? There is nobody to work for in motion a series of reviews and stud- That is preposterous. That is a pre- them. They cannot even go to their of- ies and discussions that might help posterous result. fices. They are all down here filling out solve the problem. He further told me he had another forms that are going to cost them more The reason for my coming to the little issue with the Government Eth- than they make in their first year. floor today is to say to the distin- ics Office. Senator Baker is now mar- This is a problem. Who is at fault? A guished Senator from Connecticut and ried to former Senator Nancy Kasse- lot of places are at fault. Partisan poli- to the distinguished Senator from baum. It is the second marriage for tics is sometimes at fault. When I was Maine, and the President pro tempore, both. When they became married, they going through confirmation, I went I hope we keep this high enough on our wanted to keep their estates separate. around to see another former Member agenda that it does not slip to the back They jointly owned 25 head of cattle. of this body, Senator Warren Rudman. page again. Former Senator Fred This tied up Senator Baker’s nomina- He told me what happened in 1976. He Thompson prepared legislation on this tion for some time in the Government was nominated by President Ford to issue. This is a lot like many of the Ethics Office because the question was the Federal Communications Commis- issues that have come up with national jointly owning 25 head of cattle would sion, I believe, and a Senator from New intelligence reform. There have been require—just that single fact—Senator Hampshire put a hold on his nomina- about 30 or so reviews since World War Kassebaum to have to go through this tion. II on national intelligence reform, and week-long, very expensive process of It went along that way until the peo- they often slip to the back pages, to disclosing everything once more about ple of New Hampshire said: What is the back burner, and we do not get it herself and filling out all those forms. wrong with Warren Rudman? He must done. Finally, in exasperation, Senator be a crook, he must have stolen some- This time we are getting it done. We Baker simply gave his half interest in thing or else the Senate would be act- have also taken steps on another so- the 25 head of cattle to Senator Kasse- ing on his nomination. Out of embar- called back-burner issue, as the 9/11 baum, and that settled that problem. rassment, Warren Rudman, a private Commission put it and that is, speed- This is not so unusual. Senator Baker citizen, asked President Ford to with- ing up the nomination—financial re- and Senator Kassebaum are not the draw his name from consideration in porting, security clearances, and con- only Presidential nominees to go the Senate. Then Senator Rudman ran firmation process for officials nomi- through the expense and delay of being against the Senator who put a hold on nated by the President at the start of appointed to a Presidential position. his name, defeated him, and served in an administration. It is my hope that I was nominated by the first Presi- this body. over the next year, the reviews men- dent Bush as his Education Secretary. I am not sure we can pass any law or tioned in the Voinovich amendment I was nominated in December of 1990. I change any rule that will prevent that will go forward, that we will simplify was confirmed in I believe it was April kind of partisan politics, but we should the process. Of course, for the national of 1991. In the meantime, I was not al- be aware that is part of the problem. security officials, we can all see the ur- lowed to go to the Office of the Sec- Senator VOINOVICH’s amendment does gent need for that. retary of Education. address some areas we can fix. One is Of course, we do not want them sit- During that time, 60 percent of there may be too many jobs subject to ting outside their offices next February American college students were going this kind of intensive review. Mr. out of courtesy to us when there is to colleges and universities followed by President, 3,361 is a lot of Presidential some attack on the United States that a Federal grant or a loan. That is sup- appointments to have to go through they might have helped prevent, but at posed to be supervised by the Secretary that time-consuming, weeks-long proc- the same time we do not want students of Education of a President who said he ess. It is too many jobs to leave vacant going to college with some Secretary wanted to be the education President. at the beginning of a new administra- of Education sitting outside his office Yet his nominee is not allowed to go to tion when we all expect a new Presi- not allowed to go in. We do not want the office, out of courtesy to this body. dent to come in and say: Let’s go in Head Start dollars being spent with Then, of course, there is the matter this direction. It is too many jobs to some Secretary of Health and Human of recruiting a team. I asked President leave vacant, the 9/11 Commission said, Services sitting outside her offices not Bush at that time: Mr. President, may especially when we are dealing with allowed to go in. We need to have firm I come up with a plan? May I then re- the national security of the United deadlines and firm dates, simplified cruit a team, subject to your approval, States, and a great many of those men forms, out of respect to the people the of course? So I went to recruit David and women are people we are relying President nominates, out of respect to Kearns, the former head of Xerox, and upon to protect us. the voters who expect a President to be Diane Ravage, one of the most distin- The FBI review takes a long time. able to act, and out of respect to our- guished historians in America, Carolyn Maybe that could be simplified. If they selves. Reed Wallace, the vice chancellor of are doing 3,361 FBI reviews at one time There will occasionally be a nomi- the City University of New York. and the FBI’s major goal is supposed to nee—we are not talking about judicial All of them, of course, were not al- be counterterrorism, maybe that is nominees—there will occasionally be lowed to go to their office. Once the something we should be looking at as one of the 3,361 executive nominations President nominates and before they well. where this is a problem, that requires are confirmed, they must fill out all Then we get busy. An example exists an extended debate—and we are fully these forms, maybe not spend as much today, and this is in no way criticism, capable of doing that in the Senate— money as Senator Baker did, but the but it is an example of how we get but the rest of the nominations ought same forms. They must go through this busy. The President on May 20 nomi- to speed through on a fairly automatic, elaborate FBI check. They must go nated Edwin Williamson to be Director simplified review, allowing the execu- through the President’s political proc- of the Office of Ethics for our Govern- tive branch to be in a position to see ess, and then they come over here. And ment. This is the very office that con- urgent needs, develop a strategy, and if there is a divided body—for example, tributes to a lot of the questions and try to persuade half of us that he is we have a Republican President and a reviews that slow down the process. right, which is the job of the President. Democratic Senate—it takes a little That was May 20. His hearing before I thank the managers of the bill for longer. the full committee is next week. this time. I applaud them for their bi- What is the point of all this? The Everyone in the Senate can under- partisan action on this bill and their point of all this is we cannot get our stand the Governmental Affairs Com- work on the committee. I am glad they work done. The voters all tune in to a mittee has been busy the last 8 weeks, adopted the amendment yesterday, and Presidential debate, such as we saw but, nevertheless, we have a process I look forward to working with them October 1, 2004 CONGRESSIONAL RECORD — SENATE S10201 over the next several months to see that affects the bill in more than one (2) The amounts available for transfer in that it does not slide back to the back place. I have cleared this with the two the National Intelligence Program in any burner and get lost so that men of the managers. given fiscal year, and the terms and condi- stature of Howard Baker have to spend The PRESIDENT pro tempore. Is tions governing such transfers, are subject to the provisions of annual appropriations Acts more than they earn in their first year there objection to the request? and this subsection. in Government filling out the forms we Without objection, it is so ordered (3)(A) A transfer of funds or personnel may require of them even though we have AMENDMENT NO. 3845 be made under this subsection only if— known them and known everything Mr. BYRD. Mr. President, I call up (i) the funds or personnel are being trans- about them for 25 years. amendment No. 3845. ferred to an activity that is a higher priority I yield the floor. The PRESIDENT pro tempore. With- intelligence activity; The PRESIDENT pro tempore. The (ii) the need for funds or personnel for such out objection, the pending amendment activity is based on unforeseen require- Senator from Connecticut. is set aside. Mr. LIEBERMAN. Mr. President, I ments; The clerk will report. rise first to thank the Senator from (iii) the transfer does not involve a trans- The assistant legislative clerk read Tennessee for taking the time to come fer of funds to the Reserve for Contingencies as follows: of the National Intelligence Director; to the Senate floor to express his (iv) in the case of a transfer of funds, the thoughts, which he has talked to Sen- The Senator from West Virginia [Mr. BYRD], for himself, Mr. STEVENS, Mr. INOUYE, transfer results in a cumulative transfer of ator COLLINS and me about earlier. I Mr. WARNER, Mr. HARKIN and Mr. JOHNSON, funds out of any department, agency, or ele- admire his focus on this area as well as proposes an amendment numbered 3845. ment, as appropriate, funded in the National the work and focus of the Senator from Intelligence Program in a single fiscal year— Mr. BYRD. Mr. President, I ask unan- Ohio, Mr. VOINOVICH. (I) that is less than $100,000,000; and The fact is that this is one of those imous consent that the reading of the (II) that is less than 5 percent of amounts aspects of governmental process and amendment be dispensed with. available to such department, agency, or ele- procedure that never gets much public The PRESIDENT pro tempore. With- ment; and (v) the transfer does not terminate a pro- attention but has great consequences out objection, it is so ordered. The amendment is as follows: gram. for the public, and in this case it is rel- (B) A transfer may be made without regard (Purpose: To enhance the role of Congress in evant to the underlying bill for na- to a limitation set forth in clause (iv) or (v) the oversight of the intelligence and intel- tional security. There is not much po- of subparagraph (A) if the transfer has the ligence-related activities of the United concurrence of the head of the department, litical plus in making this a matter States Government) one focuses on in the sense that it does agency, or element concerned. The authority On page 10, between lines 16 and 17, insert to provide such concurrence may only be del- not get headlines, but it is a critically the following: important matter because, as the Sen- egated by the head of the department, agen- (d) REMOVAL.—The National Intelligence cy, or element concerned to the deputy of ator says so well and eloquently, the Director may be removed from office by the such officer. delay caused in confirming the nomi- President. The President shall communicate (4) Funds transferred under this subsection nees has an effect on the quality of to each House of Congress the reasons for the shall remain available for the same period as public service, in fact has an effect on removal of a National Intelligence Director the appropriations account to which trans- the content of national security if peo- from office. ferred. ple cannot be put into the positions On page 10, line 17, strike ‘‘(d)’’ and insert (5) Any transfer of funds under this sub- ‘‘(e)’’. where they are needed early enough. section shall be carried out in accordance On page 11, line 3, strike ‘‘(e)’’ and insert with existing procedures applicable to re- So I thank the Senator. I encourage ‘‘(f)’’. the Senator—although I probably do programming notifications for the appro- On page 11, line 5, strike ‘‘subsection (c)’’ priate congressional committees. Any pro- not have to—to stay aggressive, to and insert ‘‘subsection (e)’’. posed transfer for which notice is given to make sure that not only the amend- On page 22, line 11, strike ‘‘(f) and (g)’’ and the appropriate congressional committees ment the Senator from Tennessee and insert ‘‘(e), (f), and (g)’’. shall be accompanied by a report explaining the Senator from Ohio sponsored yes- On page 24, beginning on line 1, strike ‘‘, the nature of the proposed transfer and how terday that was adopted on the bill is pursuant to subsection (e),’’. it satisfies the requirements of this sub- put into place but, more generally, to On page 24, strike line 8 and all that fol- section. In addition, the congressional intel- lows through age 25, line 20. make sure we fix this. ligence committees shall be promptly noti- On page 25, line 21, strike ‘‘(f)’’ and insert fied of any transfer of funds made pursuant The Senator from Tennessee has ‘‘(e)’’. some great anecdotes, too. It is pretty to this subsection in any case in which the On page 27, strike line 1 and all that fol- transfer would not have otherwise required startling to have heard that Howard lows through page 30, line 22, and insert the reprogramming notification under proce- Baker, a great former Member of this following: dures in effect as of the date of the enact- body, spent more time filling out the (f) ROLE OF NATIONAL INTELLIGENCE DIREC- ment of this subsection. forms, hiring people to help him fill TOR IN REPROGRAMMING.—(1) No funds made (6)(A) The National Intelligence Director out the forms, to be Ambassador to available under the National Intelligence shall promptly submit a report on any trans- Japan than he was going to receive as Program may be transferred or repro- fer of personnel under this subsection to— grammed without the prior approval of the (i) the congressional intelligence commit- a salary for the first year of his serv- National Intelligence Director, except in ac- ice. That ought not to happen. Obvi- tees; cordance with procedures prescribed by the (ii) the Committee on Appropriations of ously, one of the things that also does, National Intelligence Director. the Senate and the Committee on Appropria- which the Senator knows and has spo- (2) The Secretary of Defense shall consult tions of the House of Representatives; ken to, is discourage people who may with the National Intelligence Director be- (iii) in the case of the transfer of personnel not have the resources to pay for that fore transferring or reprogramming funds to or from the Department of Defense, the kind of consultation from going into made available under the Joint Military In- Committee on Armed Services of the Senate public service where we need them. telligence Program. and the Committee on Armed Services of the (g) TRANSFER OF FUNDS OR PERSONNEL I thank my friend from Tennessee. House of Representatives; and WITHIN NATIONAL INTELLIGENCE PROGRAM.— I rise briefly to speak in support of (iv) in the case of the transfer of personnel (1) In addition to any other authorities avail- to or from the Department of Justice, to the the—Mr. President, I am going to hold able under law for such purposes, the Na- this statement, which is of a timeless Committees on the Judiciary of the Senate tional Intelligence Director, with the ap- and the House of Representatives. nature, so I can deliver it, I am sure, at proval of the Director of the Office of Man- (B) The Director shall include in any such any point in the day where there may agement and Budget— report an explanation of the nature of the be a lull. This time was devoted to Sen- (A) may transfer funds appropriated for a transfer and how it satisfies the require- ator BYRD to offer an amendment. I did program within the National Intelligence ments of this subsection. not realize he was here. I welcome him Program to another such program; and On page 47, line 19, insert before the period (B) in accordance with procedures to be de- to the Chamber and look forward to the following ‘‘, by and with the advice and veloped by the National Intelligence Direc- consent of the Senate’’. hearing his statement. tor, the heads of the departments and agen- On page 53, line 2, insert before the period The PRESIDENT pro tempore. The cies concerned may transfer personnel au- the following ‘‘, by and with the advice and Senator from West Virginia. thorized for an element of the intelligence consent of the Senate’’. Mr. BYRD. Mr. President, I ask unan- community to another such element for peri- On page 55, beginning on line 5, strike ‘‘the imous consent to offer an amendment ods up to one year. National Intelligence Director’’ and insert S10202 CONGRESSIONAL RECORD — SENATE October 1, 2004 ‘‘the President, by and with the advice and stitutional function, authorization of agencies is to monitor closely their consent of the Senate’’. war. budgets. The Congress should jealously On page 60, beginning on line 14, strike I am sorry to say I did not hear any- guard its power of the purse, and, to do ‘‘appropriately’’. body in last night’s debate on either On page 61, line 11, insert ‘‘and Congress’’ that, I have worked with Senators STE- after ‘‘Director’’. side mention the Constitution of the VENS and INOUYE to ensure that the au- On page 61, line 21, strike ‘‘significant’’. United States, not once. The Constitu- thorities granted to the national intel- On page 63, line 16, insert ‘‘and the congres- tion gives Congress alone the power to ligence director to transfer personnel sional intelligence committees’’ after ‘‘Na- declare war or authorize war. The Con- and funding within the National Intel- tional Intelligence Director’’. gress must ensure that it is fully and ligence Program closely reflect current On page 138, beginning on line 21, strike currently informed of all matters that law. ‘‘and to Congress’’ and insert ‘‘, to the Select may bear on the exercise of that con- Committee on Intelligence and the Commit- Our amendment strikes language au- tees on Appropriations and Governmental stitutional authority. Senators ought thorizing the Treasury Secretary to es- Affairs of the Senate, and to the Permanent to be cautious about intelligence re- tablish new budget accounts for the use Select Committee on Intelligence and the forms and ensure that the role of the of the national intelligence director. Committees on Appropriations and Govern- Congress in intelligence matters is not This is a function of the Congress, ment Reform of the House of Representa- undermined. Reform means fixing what which has the authority to determine tives’’. has gone wrong, not giving the execu- how accounts should be constructed to On page 140, strike lines 5 through 14 and tive branch more authority to conduct insert the following: fund our national intelligence. end runs around the Congress. My amendment allows the national (2) DEPUTY DIRECTOR OF MANAGEMENT AND When I speak of the executive BUDGET FOR INFORMATION SHARING.—There is intelligence director, with the approval within the Office of Management and Budget branch, I speak generically, both when of the OMB Director, to transfer appro- a Deputy Director of Management and Budg- it is under Democratic control and Re- priated funds within the National In- et for Information Sharing who shall be ap- publican control. We must ensure that telligence Program, and the heads of pointed by the President, by and with the ad- the top national security officials spec- the departments and agencies to trans- vice and consent of the Senate. The Deputy ified in this bill are subject to Senate fer personnel within the intelligence Director shall carry out the day-to-day du- confirmation so that they are held ac- community for periods up to 1 year, ties of the Director specified in this section. countable to the elected representa- The Deputy Director shall report directly to under the following conditions: tives of the people. A transfer of funds or personnel may the Director of the Office of Management The first three words in the preamble and Budget. The Deputy Director shall be be made only to an activity that is a paid at of the Constitution are, ‘‘We the peo- higher priority; and unforeseen re- On page 174, strike lines 14 through 22. ple. . . .’’ ‘‘We the people. . . .’’ And quirement; but not to the Reserve for Mr. BYRD. Mr. President, I ask unan- yet, I say, that Constitution was not Contingencies of the national intel- imous consent that the following Sen- mentioned once last night. ligence director. The cumulative trans- We must ensure that Senators have ators be added as cosponsors of my fer in a single fiscal year must be less access to information necessary to ful- amendment: Senators STEVENS, than $100 million and less than 5 per- fill their Constitutional duties. We INOUYE, WARNER, HARKIN, and JOHNSON. cent of amounts available to such de- must ensure that the Congress does not The PRESIDENT pro tempore. With- codify loopholes through which the ex- partment, agency, or element; and the out objection, it is so ordered. ecutive can deny the Congress relevant transfer of funds cannot terminate a Mr. BYRD. Mr. President, first, I ex- information. Perhaps most impor- program. press my appreciation to the two man- A transfer may be made without re- tantly, we must ensure that funds ap- agers for their courtesies that they gard to the $100 million and 5 percent propriated by the Congress cannot be never fail to extend. I also want to ex- rerouted without the consent of the limitation if the transfer has the con- press my appreciation to the distin- people’s representatives in Congress. currence of the head of the department, guished President pro tempore who is The Governmental Affairs Com- agency, or entity concerned—provided, in the chair this morning, Senator STE- mittee has ensured accountability to always, that the transfer conforms VENS, my soulmate on the Appropria- the Congress in many of these areas, with the strict limitations set by the tions Committee. but I believe more can be done. Congress each year in its annual appro- In 2001, we witnessed the failure of This is an amendment which I have priations acts. our Government to utilize its intel- proposed, along with Senators STE- Funds transferred shall remain avail- ligence capabilities to protect our Na- VENS, INOUYE, WARNER, HARKIN, and able for the same period as the appro- tion against a terrorist attack. For too JOHNSON to remove the qualifiers on priations account to which transferred; long, the Congress has deferred to the Congressional access to information, to and any transfer of funds or personnel executive branch on intelligence mat- ensure that the Congress’s role in in- shall be reported to the appropriate ters. Congress has failed to vigorously telligence matters is preserved, and to congressional committees, such as Ap- discharge its constitutional oversight ensure that the American people are propriations, Judiciary, Armed Serv- responsibilities. I do not say that by protected. ices, and Intelligence. way of finding fault with any Senator. This amendment requires Senate I am confident that if these qualifica- The 9/11 Commission illustrated the confirmation of the following positions tions are adhered to, the power of the dangers of this practice. The con- within the National Intelligence Au- purse will continue to rest safely in the sequence has been foreign policy fail- thority and the Office of Management hands of the people’s elected represent- ures, prison scandals, politicized intel- and Budget: four deputy national intel- atives. ligence that has led not only to a des- ligence directors, the Officer for Civil In addition, Senators should take perate state of affairs in Iraq but has Rights and Liberties, the Privacy Offi- note of Section 224(b)(3) of the pending also left our Nation vulnerable to fur- cer, and the Deputy Director of OMB bill, which would permit the national ther terrorist attacks. It is painfully for Information Sharing. It is vital intelligence director, the Director of clear that there are dire consequences that the Congress have access to these the National Counterterrorism Center, when the Congress abdicates its con- officials and be able to hold them ac- or the Director of a national intel- stitutional duties to oversee the intel- countable for their decisions, particu- ligence center to withhold information ligence agencies within the executive larly in the area of civil liberties. requested by the Congress if the Presi- branch. To further that goal, my amendment dent certifies that such information Senators need to be reminded—I need requires that the Inspector General of will not be provided because the Presi- to be reminded as well—that the Con- the National Intelligence Authority dent is asserting a privilege pursuant gress is a consumer of intelligence. keep the congressional intelligence to the United States Constitution. Senators must have access to good in- committees fully and currently in- It is unclear exactly which privilege telligence to make informed decisions formed of violations of law and civil the President would invoke, but, given about our military, about our foreign liberties. the vague language contained in this policy, about the solemn charge to au- However, the greatest protection provision, a bold and impulsive admin- thorize war, and that remains a con- against abuse within the intelligence istration, much like the one currently October 1, 2004 CONGRESSIONAL RECORD — SENATE S10203 inhabiting the White House, could con- So we have created a strong director have where 80 percent of the funding coct nearly any excuse to invoke a so- with budget authority to formulate for intelligence, billions and billions of called ‘‘privilege’’ to withhold docu- budgets, to receive funds, to allocate dollars, goes not to the intelligence ments requested by the Congress. Giv- them—with justification, not wan- community first but to the Depart- ing any administration an unrestrained tonly; to transfer budget, transfer ment of Defense. The Department of green light to trump any and all forth- funds to meet an emergency; to trans- Defense is a critical—in some sense, coming Congressional requests for in- fer personnel to achieve a national pur- the largest—customer of intelligence, formation, based on some undefined pose. but it is not the only customer. The and nefarious assertion of executive In our deliberations in the Govern- President of the United States is the privilege as described in this provision, mental Affairs Committee we see warn- No. 1 customer. The Department of would be an unmitigated disaster. My ing after warning that if you are going State, the Department of Homeland Se- amendment strikes that egregious lan- to do this right, you have to give this curity, FBI—one could go on and on— guage. national intelligence director real they are also important users of intel- It is my hope, as well as the hope of power. ligence. my colleagues who cosponsored this In this morning’s paper, the Wash- We have said that the funds of the measure with me, that this amendment ington Post, Friday, October 1, an arti- national intelligence program budget will ensure that the Congress’s Con- cle by Charles Babington quotes from a should go to the national intelligence stitutional role in intelligence and for- press conference I presume by the director and give that person the au- eign policy matters is safeguarded. Chair and Cochair of the 9/11 Commis- thority that comes with the money to However, Senators should understand sion, Governor Kean, former Repub- allocate those funds throughout the that the statutory authority to oversee lican Governor of New Jersey, and Con- agencies underneath him, and give him our intelligence community means gressman Hamilton, former Demo- thereby some clout to create unity of very little if it is not utilized. We must cratic Congressman from Indiana. Gov- effort, to bring people together, to be vigilant in our oversight. We must ernor Kean says at one point, the story overcome the weaknesses. be aggressive in our inquiries. We must says: As the 9/11 Commission Report de- not abdicate our Constitutional duties. scribes it—and Senator COLLINS and I I urge the adoption of my amend- Governor Kean meanwhile spoke sharply against House provisions and proposed Sen- keep telling the story—George Tenet, ment. ate amendments that would limit the na- former Director of Central Intel- I yield the floor. tional intelligence director’s authority over The PRESIDING OFFICER (Mr. ligence, in 1998, after a series of al- spending and personnel decisions in agencies Qaida attacks on Americans and Amer- CHAMBLISS). The Senator from Con- under them. ican targets abroad, declares war on necticut. It goes on to say: Mr. LIEBERMAN. Mr. President, terrorism. It was a classified document needless to say, I thank the Senator The House bill will keep more of that within the intelligence community and power in the Pentagon. from West Virginia, whom, as does ev- it is now public. It states the case very eryone in the Chamber, I greatly ad- Then Governor Kean says: strongly. It says we have to devote all mire. He is a real authority on this On behalf of the nonpartisan commission, of our resources to it, and nothing hap- matter, so I speak both with respect this is not an area where one can com- pened. and a certain sense of humility. promise. If you are not going to create a Senator BYRD is a great student of This recommendation that Senator strong national intelligence director with the Bible. I so appreciate it. He powers both appointive and over the budget, brought it with him to the Senate floor COLLINS and I and our committee don’t do it. brought before the Senate rose out of yesterday. I take this opportunity to reality. And the reality is that we have I repeat: quote from the Bible. Perhaps it was an intelligence community with a lot If you are not going to create a strong na- from Corinthians. ‘‘If the sound of the of extraordinary people and techno- tional intelligence director with powers both trumpet be uncertain, who will follow appointive and over the budget, don’t do it. logical assets but, as the 9/11 Commis- into battle?’’ sion said, there is no one in charge. I That is the advice we heard over and My worry here is that in this case, repeat, it is like a football team with over again from former Directors of the trumpet is money. If the authority great players but no quarterback. In Central Intelligence, from experts in of the national intelligence director fact, some of the players, as great as the field, from members of the Com- over the funds is uncertain, then I they are, are playing in a different sta- mission. worry that the troops are not going to dium than the one where the game is. I say respectfully that the amend- follow them into battle just as they The 9/11 Commission has said to us ment which Senator BYRD and the dis- didn’t follow George Tenet when they that its foremost goal, the most urgent tinguished list of cosponsors put before declared war or terrorists and ter- recommendation it makes to the Con- us this morning would have the effect rorism in 1998. We might have even gress for what to do if we want to be- of weakening the authority of the na- been better off and maybe even have lieve that we have done everything we tional intelligence director and, there- avoided 9/11 if something had happened can to prevent a terrorist attack of the fore, bring us back to the place where in response to that. scope of 9/11 from happening in this we were, where there wasn’t a strong This amendment seems to say that country again, is to create—establish a quarterback, where there wasn’t a the money we want to go to the na- strong national intelligence director, a strong general, if you will, of our intel- tional intelligence director can’t be- leader where there is no leader, a quar- ligence forces in the war against ter- cause in our attempt to establish ac- terback where there is no quarterback. rorism. counts, we now, in this act of Con- That is what Senator COLLINS and I As I read it, it strikes the section gress—Senator BYRD is absolutely have done in our proposal. that establishes accounts for the na- right, this is a congressional decision, A strong national director—but what tional intelligence program funds but we are offering our colleagues that is the element of strength? It is budget under the jurisdiction of the national decision, which is to set up those ac- authority. It is the power to bring to- intelligence director, and the national counts in the Treasury Department for gether the agencies under the director intelligence director would control the the national intelligence director so for a unity of effort, like the joint com- management, including the allotment that director can receive the funds and mands in our military which grew out of appropriated funds to the elements then allocate them. of Goldwater-Nichols, after a period of of the intelligence community. Second, the two elements of author- time and a lot of opposition when they I would like to have some discussion ity for the national intelligence direc- were first considered on the floor, not on this. But as I read one of the two tor as the general of our intelligence dissimilar to some of the opposition parts of this which strike me as most forces are to transfer personnel and and anxiety that has been expressed troubling, it is the part that seems to funds. I appreciate the fact that this about the national intelligence direc- say that our attempt in this bill—our amendment does not take away that tor in our time. They worked ex- clear intention stated in the bill—is to authority, and when Senator COLLINS tremely well. make sure that strange situation we and I started out, we worried people S10204 CONGRESSIONAL RECORD — SENATE October 1, 2004 would resist that authority altogether flexibility and force to respond with of NID to transfer personnel and to in the national intelligence director. speed to a crisis, and not establish, transfer funds. That concerns me So I appreciate that. But it does limit therefore, permanent caps on this leg- greatly. the authority of the director to trans- islation that might hinder the direc- Under the Collins-Lieberman bill, fer personnel and money in a way that tor’s ability to make those changes with OMB approval, the NID may I think weakens the director and un- that are necessary. transfer or reprogram funds appro- dercuts the purpose we want and the Under the current system, the DCI priated for a program within the na- reasons we want them to be powerful, lacks budget power. DOD controls 80 tional intelligence budget to another to give this intelligence force the flexi- percent of the intelligence budget, program. The NID is required to con- bility to focus, the agility to respond whereas the director of central intel- sult with the heads of the affected to realities in the world. ligence effectively only controls a agencies prior to implementing such a These terrorists are not only brutal, budget of one agency, the CIA. reprogramming or transfer, but our bill not only inhumane, not only don’t Secretary Powell commented on this does not require their approval. We value human life, not only convince current reality at our hearing on Sep- make very clear that the reprogram- themselves zealously that they are tember 13, 2004, by saying: ming and transferring approvals and doing God’s work by killing God’s chil- The DCI was there before but the DCI did restrictions as far as congressional au- dren wantonly, but they are agile. not have that kind of authority, and in this thority are included in our bill, as well. They will look for weaknesses in the town it’s budget authority that counts. If we require the concurrence of the system and move to attack. That is Chairman Kean and Vice Chairman agency heads before personnel or why the national intelligence director Hamilton said in their testimony at money can be moved around, we essen- has to have the ability to move money our first hearing on July 30: tially have made no improvement in quickly. It may be that there is a crisis The national intelligence director would the current system. That is not area somewhere or a new kind of threat not be like other czars who get the title but progress. In fact, it is exactly the prob- to the United States and the director have no meaningful authority. He will con- lem the 9/11 Commission identified over decides he has to move funds to meet trol national intelligence program purse and over again as a major flaw in the that threat. strings. current system. This is not an authority that is un- For those reasons, respectfully, this The NID needs to be able to marshal limited or even beyond the control of amendment would seriously weaken the people, the funds, and the resources the law today. Our bill makes sure that the authority of the national intel- necessary to counter the threats we there is congressional oversight on the ligence director, and therefore, I be- face. That is the bottom line. transfer of the funds. The amendment lieve, the director’s ability to protect The current authorities for the DCI would limit the transfer of funds. It our national security in an age of ter- are insufficient because they permit would have to be less than $100 million rorism. agencies to prevent the DCI from and less than 5 percent of the budget of I yield the floor. transferring funds or people simply by the entity from which the money is The PRESIDING OFFICER. The Sen- objective. That is what we need to being transferred unless the relevant ator from Maine. change. department head concurs in the trans- Ms. COLLINS. Mr. President, before I I am also concerned about making fer. comment on the specifics of the additional positions created by this bill I want to assure the Chamber and amendment of the Senator from West subject to Senate confirmation. The Senator BYRD that our amendment, Virginia, let me join Senator privacy and civil rights officers at the though it does not put those limits on LIEBERMAN in expressing the utmost Department of Homeland Security are the transfer because we don’t know respect that I have for the Senator not Senate-confirmed positions. I see what kind of threat may emerge and from West Virginia. His devotion to the no reason for treating the privacy and where the national intelligence direc- Constitution, to the Senate, to the civil rights officers that would be cre- tor may feel in the national interest he country, and to his family is truly leg- ated by this bill any differently. wants to move those funds, makes sure endary. I have learned so much just There is another point that I make there is congressional oversight. It pro- from watching the Senator from West about the restrictions in the Senator’s vides that any transfer of funds by the Virginia. In fact, he inspired me to get amendments on reprogramming and national intelligence director must be a copy of the Constitution, and while I transfer authority. That is, if we are carried out in accordance with the ex- don’t carry it with me as he does, I isting congressional notification proce- going to impose these kinds of restric- have it in my briefcase. It was his ex- dures. Congress still has the right to tions, we are not improving the system ample that inspired me to do that. approve. in any significant way, and we are al- Moreover, the national intelligence Like Senator LIEBERMAN, I have, nev- lowing the long delays that plague the director is required to submit a report ertheless, many concerns about the current system to continue. to the appropriate committees of Con- pending amendment. In drafting our Acting CIA Director John gress explaining the nature of the bill, we made very clear the authority McLaughlin told me it can take as long transfer and how it meets the relevant that the new national intelligence di- as 5 months for him to reprogram statutory requirements. rector would have. We did not want to funds. In the threat environment we Finally, our bill also requires that simply create another layer of bureauc- face today, we cannot afford a 5-month any transfer of funds or personnel not racy. What we wanted to do is to em- delay in transferring urgently needed exceed applicable ceilings established power the NID with significant budget funds to counter the threat we face. in law for such. personnel, standard-setting authority, The amendment of the Senator from This means that while we are setting so that this individual could make a West Virginia would represent a sig- the standard for the national intel- difference. nificant weakening of the authority in ligence director, Congress each year as I remember in the testimony before this bill, and I urge my colleagues to it adopts the budget reserves the right our committee the consensus among oppose it. to put instructions in that. I might op- the witnesses was that in order for the The PRESIDING OFFICER (Mrs. pose it, but it includes the possibility NID to be effective, strong authority DOLE). The Senator from West Vir- of limiting the transfers, as has hap- was absolutely critical. Indeed, the as- ginia. pened in the past. We wanted to make sistant DCI for community manage- Mr. BYRD. Walt Whitman said: sure—in some sense to reassure our- ment said it very forthrightly. He tes- A man is a great thing upon the Earth, and selves and our appropriators—that this tified as follows: through eternity—but every jot of greatness bill says that any transfer of funds or We must be flexible in shifting people and of man is unfolded out of woman. personnel would not exceed applicable money to respond to emerging priorities. To- So let me pay tribute to our Pre- ceilings established in law for such day’s intelligence budget system does not siding Officer at this moment. transfers. meet this criteria. Madam President, I have the utmost We want to provide the national in- Senator BYRD’s amendment imposes respect for the two managers of this telligence director with the necessary significant restrictions on the ability bill. I have the utmost respect for their October 1, 2004 CONGRESSIONAL RECORD — SENATE S10205 dedication and for the knowledge when we are rushed and pressured into And we can make another mistake if which they bring to bear upon this sub- passing legislation as major as this leg- we go and rush in too big a hurry. We ject. I am not a member of the com- islation in such a limited time, which are doing a big thing here. I do not set mittee that has jurisdiction over the is hours? We are being pressured to myself up as anyone who has the vast legislation before the Senate. So I sa- pass this legislation before we adjourn knowledge that Mr. LIEBERMAN has or lute them and tip my hat to them and sine die. This is massive legislation. It that Ms. COLLINS has over this subject bow to them. is far-reaching legislation. The Con- matter. I am not on that committee. So what I say is certainly in no fash- gress should not have to operate under But I do know when we are being pres- ion, in no way or form any criticism of a hammer, as we are being driven here. sured to act in too big a hurry. This is them. They are doing the best they can Henry Kissinger came before the Ap- a big bill. Why can’t we wait until after do. propriations Committee when Senator the first of the year? Why can’t we But the Constitution of the United STEVENS held those hearings. I com- wait until a new Congress, perhaps States still lives. It still governs. Let’s pliment my chairman, Mr. STEVENS, on with a new President—who knows?—a read this paragraph from section 9 of having those hearings. Henry Kis- new Chief Executive? Why can’t we the U.S. Constitution: singer, a man with vast experience, wait and do the job right? This is a job No money shall be drawn from the Treas- vast knowledge, advised us not to pass that we ought to do right and not do it ury, but in Consequence of Appropriations this gargantuan measure in such a under the gun. made by Law; and a regular Statement and hurry and under such pressure and dur- I do not know what is in this bill. I Account of the Receipts and Expenditures of ing a Presidential campaign. am not on the committee. I do not I say to my colleagues, we ought not all public Money shall be published from know what is in this bill. I do not time to time. bend to the lash of the whip on the part claim to know what is in the bill. But of the leadership, on the part of the ad- Let these words sink in: I tell you, we must not remove all limi- ministration, on the part of anyone . . . and a regular Statement and Account of tations on this new intelligence direc- else. We should take more time. We do the Receipts and Expenditures of all public tor. Why, this man is going to be God Money shall be published from time to time. not know what we are doing here. I am when it comes to appropriations and seeking to protect the people’s rep- We have to keep that provision in legislation and matters affecting the resentatives and the Congress from mind. people. making what could be a major mis- The amendment I have offered today This is the perfect example of how we take. simply ensures that the national intel- are rushing through this intelligence ligence director spends money in ac- We were rushed into passing legisla- tion creating a Department of Home- bill without fully understanding what cordance with the annual appropria- we are doing. I do not understand what tions bills. It provides the flexibility land Security, were we not? I tried to get more time. I tried to get the leader- we are doing, and I need to understand that the director may require but lim- what we are doing. To properly rep- its that flexibility to the laws passed ship on both sides to listen. They would not listen. Now we find that resent the people from West Virginia, I by Congress and to the knowledge that need to understand what we are doing. there is this provision: there are major problems with that De- partment. Now, fortunately, I have a good col- . . . a regular Statement and Account of the league on the Intelligence Committee, Receipts and Expenditures of all public On that fateful occasion on October 11, when the Senate voted to shift the Senator ROCKEFELLER. But I tell you, money— we are dealing with matters that go to ‘‘All public money.’’ constitutional power to declare war from the Congress—not just one body the heart—the heart—of a free govern- . . . all public money shall be published from ment. time to time. of Congress, but both bodies of Con- gress—to one man, oh, what a terrible Englishmen spilled their blood for We cannot allow this national intel- mistake that was, what a terrible centuries to wield the power of the ligence director to spend the people’s error. We were told: Let’s get it behind purse away from monarchs in England. tax dollars without restraint, without us. Let’s get it behind us. Let’s get it They shed their blood, yes, going all some limitation, without some re- behind us. The idea was to get that leg- the way back to the Magna Carta, the straint. A $40 billion blank check? We islation passed before that election. So great charter, in 1215. It was signed on cannot allow the national intelligence the Senate passed that legislation in a the banks of the Thames River. director to spend money without re- hurry, on October 11 of that year. I think we ought to go a little slower. gard to Congress. There must be some Oh, we will always rue that day that This is a perfect example of how we are limitations on his spending authority. the Senate bent to the urgings of the rushing through this intelligence bill. I Without this amendment, the intel- leadership, which said: Let’s get it be- say it with all due respect to Senator ligence director, and not the Congress, hind us. We have not gotten it behind LIEBERMAN and Senator COLLINS. I ad- will determine how certain appro- us. We did not get it behind us. I said mire them, but I admire the Constitu- priated moneys are spent. We must not at the time we would not get it behind tion also. I think we ought to stop, remove all limitations on this new in- us. I said at the time that the Presi- look, and listen, and slow down a little telligence director. If we yield the dent, Mr. Bush, would not let us get it bit here. power of the purse to this new intel- behind us. That was what he wanted. Without this amendment, the Con- ligence director, then we have only He wanted the Senate to bend in that gress will cede its power of the purse limited means to rein him in if there critical hour before an election so that just as it ceded the authority to de- are abuses of power. the Senators who voted on that meas- clare war 2 years ago. We owe it to the My amendment limits the transfer of ure would be somehow conscious that 9/11 families to get this right. I say to appropriations to $100 million and even there was an election down the road, my staff all the time: If you don’t do allows the Department heads to waive and particularly those who were run- the job right, how are you going to find that limitation as long as it is con- ning would be under the whiplash of an time to do it over? That applies in this sistent with appropriations law. That, election. instance, too. I say that with all due it seems to me, should be more than Oh, what a terrible mistake. I felt so respect. enough flexibility. We must retain ashamed. For the first time in my 46 There is nothing to keep my col- some limitation. The intelligence di- years in this Senate, I felt ashamed league—my cherished friend, for whom rector must not be allowed to write his that the Senate was knuckling under I have great admiration—from coming own appropriations bill. That would to the executive branch and making a back next year, from sitting in the elevate him above the Congress. That mistake which is rued to this day and driver’s seat and doing this thing and will elevate him, an intelligence direc- will be rued to the end of time. That doing it perhaps better than he has tor, above the people’s elected rep- blotch upon the escutcheon of this done it in the first instance. I have no resentatives in Congress. great body, the first time in my 46 doubt that he would go at it with a We talk about the trumpet that gives years that I was ashamed, this Senate will. an uncertain sound. Yes. How can we stood mute. It stood bowed. It was in- In the long run, the victims of 9/11 be certain as to what we are doing timidated. will not forgive us if we give away the S10206 CONGRESSIONAL RECORD — SENATE October 1, 2004 power of the purse. And don’t forget, it the Department of Defense, CIA, FBI, within applicable ceilings established is not just that first sentence. There is and a new national intelligence direc- by law. more to it than the first sentence: tor who gains power here. So some may So I say this, finally, to my dear No money shall be drawn from the Treas- have to give up a little bit, but that is friend and respected colleague from ury, but in Consequence of Appropriations in the national interest. That is the West Virginia. There is an urgency made by Law; and a regular Statement and first point I want to assure the Senator here, which is the urgency of the ter- Account of the Receipts and Expenditures of on. rorist threat that we face. The 9/11 all— Senator COLLINS and I are not only Commission has been clear about this. Not just some, all— devoted to the Constitution, we are de- They believe we are in a situation public Money shall be published from time to voted to the critical role the Constitu- where still, today, no one is in charge time. tion gives Congress in these matters. I of our intelligence community. We had Better ponder that bit of verbiage be- want to assure the Senator, again, that testimony before our committee in fore we get in too big a hurry here. we have done nothing to alter the au- terms of Osama bin Laden, that evil We will have some opportunities to thority of Congress. person who concocted and directed, or talk further about this amendment. In I will read from page 28 of our bill, conceived and directed the attack sitting down, let me again pay homage section (4). This is the section that against America on 9/11/01, killing al- to my friend, a public servant whom I goes to the transfer authority of the most 3,000 innocent civilians. Obvi- long have admired, and this fine lady. I national intelligence director. On line ously, he is the No. 1 target for us tell you, she is a stalwart. But God 23, it reads: today. In the hunt for Osama bin save the Constitution. God save it. Laden, there is no one in charge. We Any transfer of funds under this subsection have two or three agencies of our Gov- Let’s don’t be in too big a hurry. Take shall be carried out in accordance with exist- a little more time and do it right. ing procedures applicable to reprogramming ernment going at this, but there is no I yield the floor. notifications for the appropriate congres- one in charge. The national intel- The PRESIDING OFFICER. The Sen- sional committees. ligence director will put somebody in ator from Connecticut. Then it goes on: charge. That is the urgency, that we remain at war and we are not organized Mr. LIEBERMAN. Madam President, The National Intelligence Director shall let me first thank the Senator from promptly submit to the appropriate commit- as well as we should be. The urgency is West Virginia for his kind words. The tees of Congress a report on any transfer of the urgency that a general in combat truth is, these are critically important personnel made pursuant to this subsection. would feel is clear if the enemy is tak- matters we are debating. I feel a sense Of course, there is a section in here ing advantage of a particular vulner- ability in his forces. He would move of responsibility and honor in having that ‘‘requires any transfer of funds or quickly to shore up that vulnerability. the opportunity to speak to them. But personnel not exceed applicable ceil- That is what we are doing as well. ings established in law for such trans- I must say, to be involved in a debate In closing, families of the victims of such as this with the Senator from fers.’’ So any succeeding Congress re- September 11 have formed a group to West Virginia is in itself an honor. serves the right to establish such lim- advocate, in some ways, in the memory We disagree on this particular its in law, and they will not be altered of their husbands, wives, fathers, moth- amendment, but I so respect the core of by the Collins-Lieberman proposal. ers, and children who were lost on Sep- his values that motivate him and guide The second thing to say is the au- tember 11, to make sure we do what him every day. I know he only wishes thority we give the national intel- they think we ought to do to protect the best for our country and for our ligence director—that we believe so other families from suffering. They Congress. I don’t say it lightly. I hope strongly that director needs—is not sent a letter to Members of Congress a he understands these are not reflexive without control. No one is going to week or two ago in which they said: words and praise. It is an honor to be confuse this director with a god, even a Sufficient information necessary to make involved in this kind of debate with the god of intelligence. He will be a direc- a decision as to a new, improved structure Senator from West Virginia, who is a tor of intelligence but he will be lim- for the Nation’s intelligence community is very vital Member of the Senate today ited. currently available to all Members of Con- but a part of Senate and American his- For instance, transfers of personnel gress. Opinions may differ as to how im- tory. I thank him very much for caring and budget will be subject to the ap- provements are best accomplished, but those differences can be addressed within the enough about what we are doing to proval of the Office of Management and framework of the legislation being proposed. come here this morning and offer this Budget. There is no excuse for deferring decision- amendment. So ultimately what does that mean? making, given the wealth of information Of course, he is the man who carries It means the Commander in Chief has available. the Constitution right by his heart and to approve. If there is a fear that this Again, that is from families of the reminds us of what it requires of us. It national intelligence director may do victims of September 11. I promised is a founding document. It is in many some things that, let’s say, the Sec- that would be the last word, but this ways a sacred document to all of us retary of Defense doesn’t like, the Sec- will be the last word. I say to the Sen- Americans. I assure him, with regard retary of Defense can go right to the ator from West Virginia that the very to the sections of the Constitution he President and say I don’t like this and introduction of this amendment and read about the appropriate allocation please get the OMB director not to ap- the discussion it engenders today be- of responsibility of the Congress and prove these transfers. The final respon- tween yourself, Senator COLLINS, and the executive branch regarding fiscal sibility for the decision goes to where me, and hopefully other Members lis- decisions, there is nothing in this bill it should be ultimately in our system, tening and involved is part of the proc- Senator COLLINS and I bring to the which is to the President. ess, similar to what we went through in Senate that would alter that balance in We also require consultation with de- our Committee. I think a lot of Mem- any way. I will speak to that in a bit. partment heads before transfers of bers came to the Committee hearings There is an alteration of authority budget or money or personnel are and deliberations, and we went on for and power in this proposal Senator made. We require that the transfers two days of markup. We had almost 50 COLLINS and I have made, but it is not only be made for what we call a higher amendments. We conducted a very altering the existing, constitutionally priority intelligence activity. We don’t open discussion. We listened and, in based power relationship between Con- expect this to be done wantonly. We some cases, we altered language in the gress and the executive. It does alter are not allowing it to be done wan- mark we laid down because we thought the allocation of authority and money tonly, to override the appropriations of Members made good points. In other and, therefore, power between various Congress. We are saying we want that cases, we said it hurts the purpose of agencies of the executive branch. But director, though, to have the ability, if what is required. In the end, because there is no change in the congres- there is a crisis, to move money like a everybody felt we worked together and sional-executive relationship. general moving troops to the point learned a lot, we were very pleased to Yes, there are some necessary where the Army is being attacked. As I say the bill was reported out unani- changes in the relationship between said earlier, the transfers have to occur mously. I must say that one of the October 1, 2004 CONGRESSIONAL RECORD — SENATE S10207 members, when the roll was called, changing structures to make that less likely likely, Congress considers it is essen- gave an answer that I had never heard is a delay that the American people can’t tial to act now on certain structural before. Instead of saying yea or nay, he tolerate. reforms, we believe it has an obliga- said ‘‘barely yea.’’ We got him just I think he said it well. The stakes are tion—I do—to return to this issue early over the threshold. too high. The matter before us is too next year in the 109th Congress to ad- My hope is that as a result of the dis- compelling. Even as we debate this leg- dress these issues more comprehen- cussion on this amendment, we get to a islation, we know that terrorists are sively. It would seem to me that—let point at the end of the day, or next planning to attack our country. We me say again—such a list, a list of week, that we can have a similarly know that we are at an increased risk stars, as former members of the Gov- strong vote that will reflect a con- of terrorist attack. We see it all around ernment are concerned: David Boren, fidence that we have all together this Capitol at the intersections and Bill Bradley, Frank Carlucci, William learned, that we have protected our with the increased security. How can Cohen—so you see, we have former Sec- values, constitutionally speaking, and we not act? What more do we need to retaries of Defense here—Roberts our security, and done the best we know? Gates, John Hamre, Gary Hart, Henry could and will adopt this with a real If we do not act, I think we will have Kissinger, Sam Nunn, Warren Rudman, sense of confidence. failed to respond to an urgent threat, and George Shultz. These luminaries I yield the floor. and we will have failed in our responsi- are asking for more time. These wit- The PRESIDING OFFICER. The Sen- bility to do everything we can to make nesses testified before the Appropria- ator from Maine is recognized. our citizens safer. tions Committee, and all of them said: Ms. COLLINS. Madam President, as Now is not the time to delay. Now is Go slow; go slow. we have indicated, the legislation be- the time to move forward, and to move Let me tell you who these people are. fore the Senate is the product of a con- forward with a bill that makes a dif- Dr. John Hamre is the CEO at the certed effort by the Governmental Af- ference, not a bill that tinkers around Center for Strategic and International fairs Committee to reflect the testi- the edges or makes a few cosmetic Studies. The others have services and mony of more than two dozen wit- changes but, rather, with a bill that titles that speak for themselves. I will nesses at eight hearings. It reflects the makes fundamental reforms to respond not go into these. But I am simply say- recommendations of other committees to deficiencies, inadequacies, and flaws ing we need to talk some more about who gave us input into the legislation, that have been identified time and this next week. I hope we will ponder and it builds upon the work of the 9/11 time again over 50 years. carefully. I am not opposed to a na- Commission. But it is important to I thank the Chair. tional intelligence director, but I sim- know that the 9/11 Commission did not The PRESIDING OFFICER. The Sen- ply say we should have more time. start from scratch, either. Its work ator from West Virginia. We saw, Madam President, the takes into account nearly a half cen- Mr. BYRD. Madam President, I have unwisdom of being in a hurry when it tury of studies on intelligence reform, no intention of belaboring this today. I came to the invasion of Iraq. Our Gov- dating back to the Eisenhower admin- understand we are going to vote next ernment invaded. It won a short war, istration. Indeed, the calls for reform week, on Monday at 3. I hope we will but it had not given proper thought to go back 50 years. For nearly 2 years, have an opportunity to debate this fur- what would come after, had not given the 9/11 Commission conducted an in- ther on Monday. proper thought, it had not planned vestigation of unprecedented depth. The distinguished Senator, Ms. COL- properly and carefully for a postwar They interviewed more than 1,200 wit- LINS, has said: What more do we need? Iraq. And now look at what is hap- nesses in 10 countries, yet we hear What other witnesses do we need to pening. Look at the terrible cost, the again those who counsel: Not yet; we hear? Let me name some witnesses who terrible price this Government is pay- are going too fast; we should wait; we are represented by the distinguished ing—paying with the blood of the sons need more information; under the cur- Henry Kissinger when he appeared be- and daughters of our country. Think of rent threat of terrorism, the time isn’t fore the Appropriations Committee. it. right; the highly charged political at- What an impressive bipartisan array of Let’s don’t be in such a big hurry. mosphere of a Presidential campaign national security experts pleading with Let’s take more time. creates an environment that is not Congress not to rush these reforms. Madam President, I shall have more right for such an important decision. The list is a list of stars from both to say at a later time. I thank the I ask, what more information do we sides of the aisle, as it were: David Chair, and I yield the floor. need? If you look at the list of wit- Boren, Bill Bradley, Frank Carlucci, The PRESIDING OFFICER. The Sen- nesses who testified before the 9/11 William Cohen, Robert Gates, John ator from Maine. Commission, before the Governmental Hamre, Gary Hart, Sam Nunn, Warren Ms. COLLINS. Madam President, I Affairs Committee, before the Armed Rudman, George Shultz, as I have al- thank the Senator from West Virginia. Services and Intelligence Appropria- ready mentioned, Henry Kissinger. I note the distinguished chairman of tions Committee, I would say, what These men from both sides, both po- the Senate Armed Services Committee point of view has not been heard? What litical parties, men who have held pre- is now on the floor, and I would like area of expertise was not explored? eminent positions in this Government, him to proceed whenever he wishes. What more compelling evidence do we Republicans and Democrats, appeared The PRESIDING OFFICER. The Sen- need? I ask, if the time isn’t right to before the Appropriations Committee ator from Virginia. act now, when will the right time ever and said: Wait, don’t act in too great a Mr. WARNER. Madam President, I come? When will there be no threats? hurry. They have decades of knowledge thank the managers of the bill. Before When will we be at peace? and experience, and yet we stand ready I commence, I wonder if I might com- The war against terrorism is likely to dismiss their concerns out of hand. ment on the presentation of the distin- to have to continue for many years. I Let us not be rushed into this. I am guished Senator from West Virginia, believe we will have failed the Amer- not opposed to a national intelligence which I was privileged, as many others ican people if we do not act on an issue director. I am not opposed to that. were, to listen to very carefully. It was that is so important to the security of Elections are a perfect time for a de- prepared in his usual very thorough our country. bate but a terrible time for decision- style, magnificently delivered. I am I think the chairman of the 9/11 Com- making. When it comes to intelligence going to take a close look at it. I thank mission, Thomas Kean, said it best reform, Americans should not settle for the Senator for his contribution to this when he spoke at our very first com- adjustments that are driven by the cal- effort. mittee hearing on July 30 of the urgent endar instead of by common sense. Mr. BYRD. Madam President, will need to move forward with these re- They deserve a thoughtful, comprehen- the distinguished Senator yield? forms. This is what he said: sive approach to these critical issues. Mr. WARNER. Yes. These people are planning to attack us I am not saying the distinguished Mr. BYRD. Plato thanked the gods again, and trying to attack us sooner rather members of that committee were not for having been born a man. He than later. Every delay that we have in thoughtful. They were. But if, as seems thanked the gods for having been born S10208 CONGRESSIONAL RECORD — SENATE October 1, 2004 a Greek. He thanked the gods for hav- The PRESIDING OFFICER. Without amendment by the distinguished col- ing let him live in the same age as objection, it is so ordered. league from Pennsylvania, coauthored Sophocles. And so I thank the benign The amendment is as follows: by the distinguished colleague from hand of destiny for allowing me to live (Purpose: To modify the requirements for Kansas, Mr. ROBERTS, and others. The at a time and to serve at a time when the concurrence of the National Intel- Senate addressed that and by an over- the great Appropriations Committee of ligence Director in certain appointments) whelming majority literally rejected the Senate was chaired by the very dis- On page 40, strike line 18 and all that fol- the taking of these three combat agen- tinguished Senator from the great lows through page 41, line 4, and insert the cies and putting them under the direct State that is the mother of Presidents, following: (b) CONCURRENCE OF NID IN CERTAIN AP- jurisdiction of the NID. the State of Virginia, a state from POINTMENTS RECOMMENDED BY SECRETARY OF Now, that is a concept that was hard which comes the first President of this DEFENSE.—(1) In the event of a vacancy in a fought, decided, and as a consequence, country, the first Commander in Chief position referred to in paragraph (2), the Sec- hopefully it will remain as it is in the of the Nation, George Washington. retary of Defense shall obtain the concur- managers’ bill. I have always admired Senator WAR- rence of the National Intelligence Director The purpose of the amendment was NER. He is a gentleman, first of all, and before recommending to the President an in- to dislodge the managers’ section with that goes a long way in this body. I dividual for nomination to fill such vacancy. regard to that. That was rejected by thank him for his comments. I thank If the Director does not concur in the rec- the Senate very resoundingly. I be- him for his cosponsorship of this ommendation, the Secretary may make the recommendation to the President without lieve, therefore, it is appropriate at amendment, and I look forward to the concurrence of the Director, but shall in- this time to bring into alignment with what he has to say. clude in the recommendation a statement the other departments and agencies the Right now, I should go to the Hart that the Director does not concur in the rec- authority for the Secretary of Defense Building, where a woman who has been ommendation. over these three entities which remain my wife for 67 years, 4 months, and 2 On page 41, line 12, strike ‘‘CONCURRENCE in his department to make the rec- days, is waiting to see me. We are OF’’ and insert ‘‘CONSULTATION WITH’’. On page 41, beginning on line 15, strike ommendation to the President with the going to have lunch together, thank concurrence of the NID, and in those the Good Lord. So if all Senators will ‘‘obtain the concurrence of’’ and insert ‘‘con- sult with’’. instances where there is nonconcur- allow me to leave the Chamber now, I Mr. WARNER. Madam President, this rence the President then would have shall go. the benefit of that diversity of view- Mr. WARNER. Madam President, not amendment is for the purpose of bring- ing into realignment what I believe is points. That is the purpose of this until I make the following observation: amendment. First, I thank the Senator for his com- the proper balance of the authorities of the new NID together with the respec- We must remind ourselves that these ments. They are undeserved but I ap- are combat support agencies in the De- preciate them. I remember how many tive Cabinet officers, each of whom has some portion of intelligence respon- partment of Defense. Under the bill, as times on this floor the Senator has re- of this moment, the agencies remain counted the importance of his wife’s sibilities remaining, as well as the Di- rector of the FBI. under the authority of the Secretary of role in his career, but the one I always Defense. remember—I have only been here a I will read the amendment briefly so that colleagues can follow exactly Then the interesting aspect of this, mere 26 years as compared to my sen- which is important to my amendment ior colleague—was during my first cou- what I am trying to do. The amend- ment says: is that in the case of the NSA, this is ple of years, and we were going well normally a military promotion from into the night. The Senator paused to Concurrence of NID in certain appoint- ments recommended by Secretary of De- two stars to three stars to take on this say how he used to go to night law important position of the Director of school, and although he was a Member fense. (1) In the event of a vacancy and a po- sition referred to in paragraph (2), the Sec- NSA, and that Director of NSA also of Congress and burdened with the du- retary of Defense shall obtain the concur- serves in the position of Deputy Com- ties, she would come with a little lunch rence of the National Intelligence Director mander U.S. Strategic Command for bag with a carton of milk and a sand- before recommending to the President an in- Information, Operations, Planning and wich to tide him over until he left the dividual for nomination to fill such vacancy. Integration, a very critical warfighting Chamber, whether it was the House or If the Director does not concur in the rec- post. Consequently, these are matters ommendation, the Secretary may make the the Senate, and go to night law school that the Secretary of Defense, who is to get his degree. I always remembered recommendation to the President without accountable to the President and who that. the concurrence of the Director, but shall in- has direct line authority from the Give her my warmest regards. clude in the recommendation a statement Mr. BYRD. If the Senator will yield, that the Director does not concur in the rec- President to the SECDEF to the com- I thank him for his magnificent enco- ommendation. bat commanders, that are important to mium to my better half, a woman who It is just to bring into balance the maintain. has guided me and who has served her fact that according to my research, In the case of the NRO, this is a civil- country and her State so well. I thank each of the other departments and ian appointment, to direct the activi- the Senator for what he has just said. agencies that have an intelligence role ties of the National Reconnaissance Of- fice but is an appointment as the Under AMENDMENT NO. 3877 get to recommend, with the concur- Mr. WARNER. Madam President, I rence of the Cabinet officer or the head Secretary of the Air Force. He is dual thank the distinguished managers of of the FBI. This is the one instance hatted, again, an individual who serves this bill. I rise now for the purpose of with regard to these combat agencies not only in the important post of the sending an amendment to the desk and where it should be brought in align- intelligence NRO but as an Under Sec- ask for its immediate consideration. I ment with the other methodology and retary of the Air Force in the Depart- note that Senator STEVENS and Sen- procedures adopted for these important ment of Defense. It is imperative that ator INOUYE are cosponsors of the personnel selections. the Secretary of Defense have the au- amendment. I draw the attention of the managers thority to make the recommendation The PRESIDING OFFICER. Without to section 117(b) of the bill before us. It together with the concurrence of the objection, the pending amendment is gives the national intelligence director NID. laid aside. responsibility and authority to rec- In the case of the NGA, this can be a The clerk will report. ommend appointments for several military appointment similar to the The legislative clerk read as follows: agencies that hopefully will continue NSA. One primary function of the NGA The Senator from Virginia [Mr. WARNER], to be retained within the Department is to meet the mapping needs of our for himself, Mr. STEVENS and Mr. INOUYE, of Defense: The National Security military forces. I repeat, the military proposes an amendment numbered 3877. Agency, the National Reconnaissance forces are highly dependent upon this Mr. WARNER. Madam President, I Office, the National Geospatial-Intel- agency for the tactical maps that are ask unanimous consent that the read- ligence Agency. needed wherever they are in the world ing of the amendment be dispensed I say hopefully because we have thus today facing the challenges and the with. far withstood the very significant threats to our country. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10209 These three appointments, I say most the Senator from Pennsylvania that sion Report, Senator FRIST and Sen- respectfully to the managers, I feel would have severed the link between ator DASCHLE sent it to our Govern- ever so strongly should be initiated by these agencies and the Secretary of De- mental Affairs Committee to consider the Secretary of Defense with a rec- fense, the reporting link. and then recommend, on the basis of ommendation, and then the statute, if In our bill, I believe we have taken that report, action to the Senate— my amendment is adopted, will give the right approach. We have left these which we have done. Senator COLLINS the concurrence of the NID as an essen- three agencies within the Department and I and the members of the com- tial part of the process. of Defense, but we have made it clear mittee essentially built a structure, a Current law provides for the Sec- that there is an important reporting national intelligence director, a leader retary of Defense to recommend ap- responsibility to the national intel- for our intelligence community where pointment of these individuals with the ligence director and that the national there is none now—what I called a concurrence of the DCI. We have clear intelligence director will choose the in- quarterback for our intelligence evidence for many years this system dividuals to lead these agencies with team—where there is no quarterback, a has worked and worked well. There are the concurrence of the Secretary of De- general for our intelligence service. examples where the DCI nonconcurred fense. It is actually the President’s and the Secretary revised the nomina- nomination, but the recommendations There have been two amendments tion in a manner consistent with gain- would go from the NID with the con- put forward, in now this fifth day of de- ing the concurrence of the Director of currence of the Secretary of Defense. bate on the bill, that went at the archi- the CIA. Why did we do that? We struck that tecture of the structure we have rec- The President has said he does not balance not only because it was rec- ommended. One was by Senator SPEC- want anything we do in the area of in- ommended by the 9/11 Commission, and TER, which would have dramatically al- telligence reform to blur the lines of strongly recommended, but because we tered, gone well beyond, what we had. authority, responsibility, and account- recognize that these three agencies do Senator WARNER knows, because he ability between him and the heads of not just serve the Department of De- was good enough to come and speak the departments. I feel my amendment fense; they are national intelligence against the amendment; it would have will meet that criterion as set forth by assets. They provide vital intelligence had the new NID in line control of all the President. I strongly urge my col- information throughout the intel- of these intelligence agencies, includ- leagues to examine the current provi- ligence community. In fact, when Sen- ing those that are housed and will con- sion, examine the practice with respect ator LIEBERMAN and I met with the tinue to be housed in the Defense De- to other departments and agencies in head of the NSA, he told us he was on partment. That was overwhelmingly the Government, and hopefully I will the phone far more often with the Di- rejected by the Senate. gain the support of the managers as rector of the CIA than he is with the Yesterday, there was a different kind well as of my colleagues and that this Secretary of Defense. of assault on the structure we are pro- amendment will be adopted. These agencies provide critical infor- posing from our committee in the I yield the floor. mation to the CIA, to the Secretary of amendment offered by the Senator The PRESIDING OFFICER. The Sen- State, to the Secretary of Energy, to from South Carolina which I believe ator from Maine. the Secretary of the Treasury—to all and represent would have created in Ms. COLLINS. Madam President, for those 15 agencies across our Govern- name a national intelligence coordi- the national intelligence director to be ment that vitally need intelligence in- nator but given that person no author- truly accountable for the intelligence formation. That is why we have the ity, no power. It would have been the community, the director must have the heads of these agencies recommended status quo because it would have authority to have a real say in the se- by the national intelligence director looked as if we had done something, lection of the heads of the principal with the concurrence of the Secretary but we would not have done anything. agencies of the intelligence commu- of Defense. nity. The 9/11 Commission said that the I point out that if we were to adopt That amendment was overwhelm- ability to hire the senior managers is the amendment offered by the Senator ingly defeated. one of the key authorities, critical to from Virginia, we are essentially mak- I am grateful for both of those votes. the success of the national intelligence ing no change in current law. Under The amendment which the Senator director. It is critical to the success of current law, the Secretary of Defense from Virginia proposes, as in some any leader, but particularly it is im- recommends the appointment of these sense the amendment the Senator from portant for the head of the intelligence individuals to the President, and it is West Virginia proposed earlier today, community. The 9/11 Commission cited the Director of Central Intelligence does not knock off the structure we the DCI’s current lack of this power as who concurs in the choice. So essen- have proposed but alters it in ways one of the key flaws in the DCI’s au- tially the Senator from Virginia is sim- that I fear—certainly cumulatively— thorities. ply restating current law. Current law would weaken the structure and not Under the Collins-Lieberman bill, the is not adequate, and we know that that allow the national intelligence director NID will recommend to the President higher authority is a key authority. If to play the role the 9/11 Commission nominees to be the directors of the Na- we are going to hold the national intel- and our committee wants it to play. Is tional Security Agency, the National ligence director accountable for the in- it a big difference? No. But one element Reconnaissance Office, and the Na- telligence community, we have to give of strengthening this position of na- tional Geospatial-Intelligence Agen- him the authorities he needs to do his tional intelligence director is to make cy—the agencies known better as NSA, job. the influence of the director over our NGA, and NRO. The NID is required to The PRESIDING OFFICER. The Sen- national intelligence agencies—the Na- obtain the concurrence of the Sec- ator from Connecticut. retary of Defense before recommending Mr. LIEBERMAN. Madam President, tional Security Agency, which deals the nominees to the President, and if I thank my friend from Virginia, the with signal intelligence and commu- the Secretary of Defense does not agree chairman of the Senate Armed Serv- nications that are heard in the interest with the recommendations of the NID, ices Committee whom I so respect and of our national security, the National the director must make that fact for whom I have such a feeling of per- Reconnaissance Organization, which known to the President. sonal affection. I probably should not puts satellites up in the air, and the National Geospatial Agency, which has The distinguished chairman of the say this for the record, Senator WAR- all of these remarkable capacities tech- Armed Services Committee and the NER, but my wife probably wouldn’t be managers of this bill each agree that happy to hear that I was opposing you. nologically to see ground imagery and these three critical agencies should re- She has all too much regard for your help our military and other intel- main within the Department of Defense judgment and opinions. But nonethe- ligence services to do what they have because of the dual role these agencies less, I go forward. to do to protect us. play. For that reason, we joined forces Let me put this amendment in con- Here is the point: Those are national to oppose the amendment offered by text. In response to the 9/11 Commis- assets. Of course, they are used every S10210 CONGRESSIONAL RECORD — SENATE October 1, 2004 day by the military, by the Depart- Mr. WARNER. Therefore, they serve nity with regard to, for instance, pre- ment of Defense. The DOD is a very im- the whole community. And perhaps if a war WMD in Iraq. But that was a mat- portant customer, maybe the most ac- caveat on some of that had been ter of analysis primarily, not collec- tive customer, but not the only cus- brought to the forefront in a more tion. They looked at the data. Inciden- tomer of these assets—of signal intel- strengthened fashion, who knows what tally, some of the data they looked at ligence, image intelligence, and human the outcome might have been. were data they got from these three intelligence. I do not believe the Senator can tell agencies. These are the three largest The CIA, as Senator COLLINS indi- me that the person in the FBI who has collection agencies and they are unique cated, depends on these satellites and responsibility isn’t serving the entire in that they serve the whole commu- the other systems for important intel- community. I think the Senator ought nity. ligence. So does the State Department. to go back and reexamine that rep- There is certainly no intention to di- So does now the Department of Home- resentation. I do not find it strength- minish the Secretary of Defense. The land Security, even the FBI. ened by making an exception for the Secretary of Defense has a very power- We are trying to say that these na- Secretary of Defense as relates to these ful position and Senator COLLINS and I tional assets ought to report to the na- three individuals. want to have the Secretary remain tional intelligence director, and part of For example, I draw on my experi- that powerful. We had very interesting that is to give the director the oppor- ence as Secretary of the Navy. There testimony before our committee by a tunity to start the process for nomi- was quite a competition when vacan- witness who said—he had been in the nating the heads of these agencies. cies of the NRO and NSA came up. The Department of Defense and stepped out That is a change. Now that is done. As service Secretaries were invited to to work with a think tank where he Senator COLLINS indicated, with the make nominations to the Secretary of watches all of this—over the years Secretary of Defense, we want to make Defense for the offices. In the capacity when there were conflicts or disagree- a slight change. The Secretary of De- of a service Secretary, you get to know ments between the Secretary of De- fense has the right to concur or oppose. these individuals as they work their fense and the Director of Central Intel- In most cases this will be worked out way up through the ranks and are pro- ligence, the Secretary of Defense al- between the national intelligence di- moted. You have a special knowledge ways wins because the Secretary of De- rector and the Secretary of Defense. of their capabilities and their fense has so much muscle. And that is Lord knows, they and their deputies strengths. You can advocate that to the reality. are working out 100 decisions every day the Secretary of Defense, who then in We are not trying to undercut the au- thority of the Secretary of Defense, right now. But if it is not worked out, turn makes the decision with regard to and we are certainly not trying to alter the dissent will go to the President, who should be selected to head the the chain of command, but we are try- and ultimately the President will de- NRO based on the cumulative advice of ing to give a little more authority to cide. the several service Secretaries. Those the national intelligence director so It is a only a difference. The Sec- positions are often rotated between the that director can really be in charge. retary of Defense will begin the process Air Force, the Army, and the Navy, One small piece of that is saying, Mr. of who is going to head the national and they are extremely important as- Intelligence Director, you can, in con- agency or the NID. Ultimately, the signments. sultation with the Secretary of De- President will decide. Why is that dif- With all due respect to the NID, he fense, make the suggestion for who ferent under our bill for these three has so much to be done that he cannot ought to head these three agencies agencies as opposed to the head of a possibly have the knowledge about the which, unlike any other intelligence counterterrorism division in the FBI, achievements of all of the various indi- agency within our Government, serve or that information analysis, intel- viduals to make a recommendation. He can, of course, come in after study and the entire community. ligence, and for infrastructure protec- The Secretary of Defense, as I said concur or not. But you are holding the tion division of Homeland Security? before, is an important customer of Secretary of Defense saying you have Because these three are uniquely na- what these three agencies produce— all the responsibility with regard to tional assets. The NSA, NRO, and NGA ‘‘user’’ may be a better term than cus- this agency. In many respects serve all of the community and they tomer. ought to be under the director of the personnelwise, you are reducing the It was of great interest when General community, and he or she ought to Secretary of Defense to a payroll clerk Hayden, head of the NSA, said he have the first say in who fills that posi- when you do not allow him to make spends more time on the phone with tion. the selections of the people he thinks the Director of the CIA than with the That is why this is an important part are best qualified. In the case of the Secretary of Defense. We want to re- of our structure, and why I respectfully NRO, he serves as an under secretary of flect that in this small movement of oppose the amendment, because it the Air Force with duties related to authority. would weaken the structure by pulling the NRO and duties related to the en- Mr. WARNER. Mr. President, it is ob- out a couple of the boards. tire space program in the Department vious the managers at the moment are Mr. WARNER. Madam President, will of the Air Force. The Secretary of De- somewhat entrenched in their views. I the Senator yield? fense should make the appointment of hope we will have an opportunity to Mr. LIEBERMAN. I certainly will. the people who serve his Department. appeal to the broader and hopefully Mr. WARNER. I want to pick up on I cannot accept the Senator’s distinc- more open minds of the collective Sen- the last point. I find there is no effort tion about how you leave the State of ate as a whole. to change the authority of the Sec- Department alone, the FBI alone, the Could the managers advise those retary of State in the selection of his Energy Department alone, let those Members who have deferred other people to do the work. But I feel Secretaries make their recommenda- plans, with the importance of being strongly that the work done by the De- tion and decisions with regard to per- here today to advocate amendments, partment of State serves the whole sonnel, and then in almost a demean- what will be the procedure when this community. It isn’t exclusive to the ing way say to the Secretary of De- will be laid aside? There will be a Secretary of State. fense, Oh, no, when it comes to your record when we return Monday. I pre- I bring to the Senator’s attention the people, you have the right to concur or sume it would be scheduled in some fact that the Department of State had not. order, at the discretion of the man- some thoughts at variance with the Mr. LIEBERMAN. Mr. President, if I agers, together with the leaders of the Central Intelligence Agency as related may briefly respond to the Senator Senate, as to the vote. to the aspect of the critical issues re- from Virginia, the case cited of the Do I get 2 minutes, 3 minutes, 4 min- lating to the weapons of mass destruc- INR, the intelligence division at the utes at the time the amendment is tion. Does the Senator recall that? State Department, is an interesting brought up? I would like to weigh in a Mr. LIEBERMAN. Through the one. They came to a different opinion little bit now given that I have not Chair, the Senator from Virginia is ab- than some other constituent agencies thus far persuaded my two distin- solutely right. I do recall it. of the American intelligence commu- guished colleagues, both members of October 1, 2004 CONGRESSIONAL RECORD — SENATE S10211 the Armed Services Committee, who ment. While this is being worked on by the number of translators employed by are interfering, in my judgment, with counsel, let me proceed to discuss it the FBI; the legal and practical im- the direct chain of command between and we can go back to the amendment pediments to using translators em- the President and his combatant com- if there is no objection. ployed by other Federal, State, or local manders and principal civilian ap- Mr. President, three years after thou- agencies, on a full, part-time, or shared pointees. sands of Americans were killed in the basis; and the needs of the FBI for spe- Ms. COLLINS. Mr. President, to re- worst terrorist attack on U.S. soil, cific translation services in certain spond to the question raised by the there have been some troubling doubts languages and recommendations for Senator from Virginia, it is the lead- about the effectiveness of a major in- meeting those needs. We saw this as er’s intention to convene perhaps at 10 vestigative tool in our antiterrorism such a high priority that we included or 11 o’clock on Monday morning, arsenal. this requirement in law. The President allow for some further debate, and then On Monday, the Office of Inspector signed it into law. stack votes beginning at 3 p.m. There General of the Department of Justice You would think if anybody is going will be 2 minutes equally divided before released an unclassified version of its to follow the law, it would be the At- each vote, but knowing of the Sen- audit of the FBI’s Foreign Language torney General. To date, he has not. He ator’s desire to have further debate on Program and the Translation of has not made the report required by Monday, we are going to convene early Counterterrorism and Counterintel- this law. Now, maybe he needs another enough on Monday to allow that to ligence Foreign Language Material. deadline. We thought it was pretty occur. We expect a great many stacked The results were unsettling. They de- clear already. The President thought it votes to begin at approximately 3 serve our immediate attention and ac- was pretty clear. Republicans and o’clock Monday. Thus, we are not tion. Democrats thought it was pretty clear. going to have time for extensive debate The report shows that despite con- But this amendment provides an iron- between those votes. cerns expressed for years by those in clad deadline. Mr. WARNER. I thank my distin- Congress and by former FBI contrac- I believe we have to prod the Depart- guished colleague. I shall certainly be tors, among others, and despite an in- ment of Justice to get this information here. As a matter of fact, I will preside flux of tens of millions of dollars Con- on a timely basis. It is somewhat like for a period of time. Maybe when I get gress has appropriated in a bipartisan pulling teeth. This amendment is the in the chair and have the gavel, I can effort to hire new linguists, the FBI extraction tool for the teeth of the for- do something about this amendment. foreign language translation unit is eign translation program. It fills the In any event, I am appreciative of the saddled with problems across the gap in current law by legally requiring courtesies that have been extended to board, including growing backlogs, sys- the Attorney General to report ‘‘not Members of the Senate deliberating on temic difficulties, security problems, later than 30 days after the date of en- this bill. This is an important matter. too few qualified staff, and an astound- actment’’ and ‘‘annually thereafter.’’ Hopefully, in the interim, I can per- ing lack of organization. It is almost as The bill also expands that reporting suade not only the Senate but the though the Department of Justice does requirement in several critical ways White House to indicate its position on not take this question of translation and in direct response to the Office of this amendment. seriously. Inspector General’s Audit. This is in I thank the Chair. I thank my distin- The question the Department of Jus- keeping with the 9/11 Commission’s di- guished colleagues. I will be available tice must be asked is: What is the use rective that Congress exercise greater for further amendments as the man- of taping thousands of hours of con- oversight over the counterintelligence agers decide to have them scheduled versations of intelligence targets in and counterterrorism needs of the ex- during the course of the day. foreign languages if, after we have ecutive branch. In its report, the 9/11 This amendment will now be laid taped it all, we cannot translate it Commission noted that, ‘‘Even as the aside? promptly, securely, accurately, and ef- FBI has increased its language services The PRESIDING OFFICER. Yes. ficiently? The translation mess at the cadre, the demand for translation serv- Ms. COLLINS. I ask that the amend- Department of Justice is a chronic ices has also greatly increased. Thus, ment be laid aside. The Senator from problem that has obvious and severe the FBI must not only continue to Vermont is next. I wonder if the Sen- implications for our national security. bring on board more linguists, it must ator could withhold for a couple of mo- We all want America to be secure, Re- also continue to take advantage of ments to allow consultation among the publicans and Democrats alike. But the technology and best practices to three of us before he sends up his administration has shirked its respon- prioritize its workflow, enhance its ca- amendment. sibility to resolve these problems. It pabilities and ensure compliance with Mr. LEAHY. Of course. The distin- has dodged its own accountability to its quality control program.’’ guished chairman and ranking Member the public and to Congress for this Well, I could not agree more. have always been very courteous. I enormous failure. I believe the admin- The FBI in the past has drawn a dis- know, having managed a lot of bills, istration owes Congress and the Amer- tinction between contract linguists and how it is. It is a reasonable request. ican public an explanation as to why it full-time employees when discussing I suggest the absence of a quorum. has repeatedly failed to take the nec- hiring issues. But for the purpose of The PRESIDING OFFICER (Mr. essary steps to fix these serious intel- getting the job done, this is a distinc- CHAMBLISS). The clerk will call the ligence failings. We need to know, once tion without a difference. We in Con- roll. and for all—and sooner rather than gress want to know the status of hiring The assistant legislative clerk pro- later—what steps will be taken to get overall because it is the entire picture ceeded to call the roll. this job done. that we are concerned with. The Mr. LEAHY. Mr. President, I ask Now, to expedite this process, I will amendment makes clear that the De- unanimous consent that the order for offer the Translator Reports Act of partment of Justice must report on lin- the quorum call be rescinded. 2004. I am proud to be joined in this ef- guists employed by and contracted for The PRESIDING OFFICER. Without fort by Senator GRASSLEY, my friend by the FBI. objection, it is so ordered. from Iowa. He has been ever-vigilant Our amendment adds further report- AMENDMENT NO. 3945 on FBI oversight issues, whether it has ing requirements that will be crucial to Mr. LEAHY. Mr. President, I ask it been a Democratic administration or a understanding whether or not the FBI be in order for me to send to the desk Republican administration. Our act is capable of fixing, and has fixed, the an amendment on behalf of myself and clarifies and expands upon an impor- problems outlined by the Inspector Mr. GRASSLEY. tant reporting requirement currently General. The PRESIDING OFFICER. Without in law that has yet to be implemented If enacted into law, the Attorney objection, the pending amendment is by the Department of Justice. General will have to provide Congress laid aside. The Attorney General is required by with current information regarding: (1) Mr. LEAHY. I understand there may law—by law—to report to the Senate the status of any automated statistical be a question regarding my amend- and House Judiciary Committees about reporting system so that we can ensure S10212 CONGRESSIONAL RECORD — SENATE October 1, 2004 the FBI is monitoring workflow prop- The PRESIDING OFFICER. Without The assistant legislative clerk read erly; (2) the storage capabilities of the objection, it is so ordered. as follows: digital collection system or systems The amendment is as follows: The Senator from Rhode Island [Mr. REED], utilized so that important data is not (Purpose: To require Congressional oversight for himself, Mr. SARBANES, Mr. SCHUMER, lost for technological reasons; (3) a de- of translators employed and contracted for Mrs. BOXER, and Mr. CORZINE, proposes an scription of the FBI’s establishment by the Federal Bureau of Investigation) amendment numbered 3908. and compliance with audio retention At the appropriate place insert the fol- Mr. REED. Mr. President, I ask unan- policies that satisfy the investigative lowing: imous consent that reading of the and intelligence goals of the FBI; (4) a SECTION 1. CONGRESSIONAL OVERSIGHT OF FBI amendment be dispensed with. description of the implementation of USE OF TRANSLATORS. The PRESIDING OFFICER. Without Not later than 30 days after the date of en- quality control procedures and mecha- actment of this Act, and annually thereafter, objection, it is so ordered. nisms for monitoring compliance with the Attorney General of the United States (The amendment is printed in the quality control procedures; and (5) the shall submit a report to the Committee on RECORD of Thursday, September 30, current counterterrorism and counter- the Judiciary of the Senate and the Com- 2004, under ‘‘Text of Amendments.’’) intelligence audio backlog and rec- mittee on the Judiciary of the House of Rep- Mr. REED. Mr. President, I offer this ommendations for alleviating any such resentatives, that contains, with respect to amendment along with Senators SAR- backlog. each preceding 12-month period— BANES, SCHUMER, BOXER, and CORZINE. These reporting requirements are in (1) the number of translators employed, or This amendment is, in essence, the addition to what is currently required: contracted for, by the Federal Bureau of In- text of S. 2453, which the Banking Com- vestigation or other components of the De- hiring numbers and recommendations partment of Justice; mittee reported out unanimously on regarding the FBI’s future needs and (2) any legal or practical impediments to May 6 and placed on the calendar on the viability of using translators from using translators employed by the Federal, May 20. other agencies and sources. This more State, or local agencies on a full-time, part- Since that time, we have sought to detailed information will give Congress time, or shared basis; pass the bill along with the Commerce a better view and ultimately greater (3) the needs of the Federal Bureau of In- Committee’s similar rail security bill insight into how the FBI is handling vestigation for the specific translation serv- by unanimous consent, but an objec- this critical investigative tool. With ices in certain languages, and recommenda- tion has, to date, blocked the Senate tions for meeting those needs; FISA wiretaps at an annual figure of from passing this bipartisan transit se- more than 1,700, the FBI has a lot of (4) the status of any automated statistical reporting system, including implementation curity legislation. Therefore, I rise catching up to do. And so does Con- and future viability; with my colleagues today to continue gress in its oversight of this trans- (5) the storage capabilities of the digital this effort to improve the security and lation program. With this amendment, collection system or systems utilized; safety of our transit systems in the the information we will need to most (6) a description of the establishment and United States which on a daily basis effectively employ this important in- compliance with audio retention policies transport 14 million Americans. vestigative tool will be at our finger- that satisfy the investigative and intel- Our amendment is straightforward tips. ligence goals of the Federal Bureau of Inves- and meets the 9/11 Commission’s rec- We know our intelligence services tigation; and (7) a description of the implementation of ommendation on page 391 for improved have the ability to pick up conversa- transportation security, which states tions throughout the world. But you quality control procedures and mechanisms for monitoring compliance with quality con- in part: have to translate what you pick up. On trol procedures. The U.S. government should identify and September 10, according to press re- Mr. LEAHY. Mr. President, I know evaluate the transportation assets that need ports, the Administration picked up a to be protected, set risk-based priorities for very clear warning that we were going the distinguished chairman of the com- mittee and the distinguished ranking defending them, select the most practical to be hit on September 11. They did not and cost-effective ways of doing so, and then member of the committee want to look translate the warning until sometime develop a plan, budget, and funding to imple- after September 11. This is like being at this amendment. Because I am sup- ment the effort. The plan should assign roles warned that a bomb is going off in 5 pose to be at several places, I am not and missions to the relevant authorities (fed- minutes, and responding that we will shackled to my desk on the floor as eral, state, regional, and local) and to pri- translate and look at that warning in 5 they are. I did want to get the amend- vate stakeholders. In measuring effective- ment offered. I thank them for their ness, perfection is unattainable. But terror- months. ists should perceive that potential targets For my security and the security of courtesy in giving me time to do so. I urge the Senate to support this impor- are defended. They may be deterred by a sig- all of us, I want our law enforcement nificant chance of failure. and intelligence services to know im- tant oversight and reporting amend- In essence, the 9/11 Commission has mediately. As a former prosecutor, I ment. called for three steps: first, clear re- know that if you are using a wiretap or I yield the floor. sponsibility; second, risk-based poli- an intercept, it is valuable if you have The PRESIDING OFFICER. The Sen- cies; and third, resources to meet these the information immediately, espe- ator from Maine. threats. Our amendment corresponds cially if they are talking about a ter- Ms. COLLINS. Mr. President, I appre- to these recommendations by the Com- rible act or a crime that is going to ciate the Senator from Vermont bring- mission. take place very soon. It does you very ing his amendment forward. We are First, our amendment would require little good to finally look at it long going to discuss it further with him. the Department of Homeland Security after the fact. The only reason we do Mr. President, I ask unanimous con- these intercepts, the only reason we do sent that the amendment be laid aside to clearly accept responsibility for these wiretaps, the only reason we do temporarily and that the Senator from transit security by signing a memo- this electronic information gathering Rhode Island be recognized to offer an randum of understanding with the Fed- is so we will know where we are. amendment. eral Transit Administration. Unfortu- Mr. President, I understand my The PRESIDING OFFICER. Without nately, this is something that the De- amendment is at the desk and I request objection, it is so ordered. The pending partment of Homeland Security has it be reported. amendment is laid aside. failed to do, even after numerous Sen- The PRESIDING OFFICER. The The Senator from Rhode Island. ate inquiries and the passage of a Sen- clerk will report the amendment. AMENDMENT NO. 3908 ate amendment requiring it to do so. The assistant legislative clerk read (Purpose: To authorize the Secretary of Second, our amendment embodies the as follows: Homeland Security to award grants to pub- kind of risk-based priorities that the The Senator from Vermont [Mr. LEAHY], lic transportation agencies to improve se- Commission recommended by requiring for himself and Mr. GRASSLEY, proposes an curity, and for other purposes) the Department of Homeland Security amendment numbered 3945. Mr. REED. Mr. President, I call up to review the security assessments con- Mr. LEAHY. Mr. President, I ask amendment No. 3908. ducted by the Federal Transit Adminis- unanimous consent that reading of the The PRESIDING OFFICER. The tration. DHS would then use these amendment be dispensed with. clerk will report the amendment. risk-based assessments as the basis for October 1, 2004 CONGRESSIONAL RECORD — SENATE S10213 allocating any funds. The Department Homeland Security in its subsequent leagues to support the amendment. I would also have to annually update security assessment. Regrettably, this thank the Senator from Rhode Island these assessments. critical need remains unaddressed be- for his leadership. Third, our amendment would author- cause of a lack of funding. I yield the floor. ize real resources over 3 years that are Last March, I, along with Senators The PRESIDING OFFICER. The Sen- still a fraction of our investment in MIKULSKI, WARNER, and ALLEN, wrote ator from Maine. aviation security for a wide variety of to Secretary Ridge urging funding for Ms. COLLINS. Mr. President, it is my known capital and operating security this and other critical needs such as understanding, based on the tentative needs, including surveillance tech- chemical detection and decontamina- schedule that we worked out last nologies, tunnel protection, chemical, tion systems, but the money is not night, that Senator LEVIN is to be rec- biological, radiological, and explosive there and the needs remain. ognized next to offer amendments, fol- detection systems, perimeter protec- In May of this year, the Banking lowed by Senator ROBERTS, followed by tion, training, and other security im- Committee undertook to address these Senator STEVENS, followed by Senator provements approved by the Depart- issues on a national basis. My col- KYL. I see the Senator from North Da- ment. league from Rhode Island played an in- kota is here to make a comment. My In sum, our amendment is not overly strumental role in considering this concern is how that fits in with the prescriptive and relies on the wisdom issue in the committee. The com- amendment schedule worked out last of the Nation’s intelligence systems mittee, on a bipartisan basis, with a night. and the Department of Homeland Secu- unanimous vote, passed the Public Mr. CONRAD. I would be happy to rity to identify the threats, develop Transportation Terrorism Prevention yield to Senators for their amend- solid plans, and invest in those initia- Act. Regrettably, we have not yet been ments. tives which will do the most to make able to move that legislation forward Ms. COLLINS. I appreciate that. our transit systems more secure. on the Senate floor. This amendment Mr. President, the pending amend- Fourteen million Americans each day tracks many of the provisions of that ment raises several questions. It has rely on transit systems. We only have legislation. It addresses the need for in- very worthy goals. We have previously to recall the horrible and tragic inci- creased transit security by providing adopted a McCain-Lieberman amend- dent in Spain a few months ago to un- for grants along the lines of the bill ment dealing with some of the same derstand that these individuals are the that was reported out of the com- issues. We need to have a discussion potential targets for terrorist acts. It mittee. with the sponsors of the amendment, is incumbent upon us to take these I note in that regard that Banking Senators REED and SARBANES and oth- steps today to protect the transit sys- Committee Chairman SHELBY took a ers, to see how their amendment inter- tems for the people of America as we keen interest in this issue and we ap- acts with the legislation previously go forward. preciate his recognition of the need to adopted, the McCain-Lieberman I yield the floor. increase transit security and his sup- amendment. The PRESIDING OFFICER. The Sen- port for the legislation that was I ask unanimous consent that the ator from Maryland. brought from the committee. pending amendment be set aside. Mr. SARBANES. Mr. President, I I might note that the House Trans- The PRESIDING OFFICER. Without commend my colleague, the very able portation and Infrastructure Com- objection, it is so ordered. Senator from Rhode Island, Mr. REED, mittee recently took action with re- The Senator from Connecticut. for offering this amendment. I am spect to transit security that is similar Mr. LIEBERMAN. Mr. President, if I pleased to join with him as a cospon- to what is proposed in this amendment. may speak on the amendment briefly, I sor. In the last Congress, Senator REED thank the Senators from Rhode Island Senator REED has played a leading and I requested the GAO to conduct a and Maryland for coming forward with role in the Congress on the issue of study of the security needs of transit the amendment. It certainly speaks di- transit security. In fact, in the last systems. In its report the GAO found rectly to a critical national homeland Congress he held a series of hearings on that, in analyzing the needs of eight security need. I want to take a little transit issues, and a good deal of the transit systems, that they required $711 time to look at it and see how it fits focus of those hearings was on the million for security purposes just for into the overall picture with regard to transit security challenges we face. those eight systems. There are 6,000 the bill. I know this was reported out This is a vitally important amend- public transit agencies throughout our unanimously from the relevant com- ment needed to better protect the Nation. The need is very great. The mittee. It has been held up perhaps American people. I observe to my col- challenge is very real. only by one Senator as a result of an leagues that throughout the world, We know that transit and rail sys- objection. public transportation systems have tems are serious potential targets for I don’t want to have the underlying been a target of terrorist attacks. A terrorist attacks. We obviously know bill, which is so urgently needed, get terrorist attack against a passenger the vital role that these systems play caught in that kind of situation. But I train in Madrid, attacks against tran- in our Nation’s economic and security would like to work with the sponsors of sit systems in both Moscow and South infrastructure. We must address the the amendment and perhaps with who- Korea demonstrate that transit and vulnerabilities that have already been ever is objecting to see if we can’t find rail systems are a target of terrorists identified in security assessments a way to put these together. This worldwide. which have already been conducted. speaks to a real national need. It is Despite the significant threat which The funding to do this is just not consistent with other amendments obviously exists to transit and rail sys- there. We need to harden tunnels, to that have been adopted on the under- tems, security funding has been grossly provide detection teams, to train front- lying bill or were part of the bill ini- inadequate. As a result, our Nation’s line employees, to update infrastruc- tially and, of course, consistent with transit and rail systems have been un- ture so that a transit system can con- vulnerabilities that the 9/11 Commis- able to implement necessary security tinue to function even if attacked. The sion spoke to. improvements, in many instances even list of security needs goes on and on I thank the sponsors and I look for- those that have been identified as nec- and on. ward to working with them to see if we essary by the Department of Homeland I strongly commend to my colleagues can work it out. Security. the amendment that my able colleague I yield the floor. To take one example, Washington from Rhode Island has put forward. I The PRESIDING OFFICER. The Sen- Metro’s greatest security need at the am pleased to join with him as a co- ator from North Dakota is recognized. moment is a backup operations control sponsor. I urge support of the amend- JUSTIFYING THE WAR IN IRAQ center. This need was identified by the ment. This is a very real need, with Mr. CONRAD. Mr. President, in Federal Transit Administration in its very important implications for our watching the Presidential debate last initial security assessment, and then national security and for the func- night, again, I think President Bush identified again by the Department of tioning of our economy. I urge my col- confused who attacked the United S10214 CONGRESSIONAL RECORD — SENATE October 1, 2004 States on September 11. President it was a diversion from our attention to pursue bin Laden and other al-Qaida lead- Bush, last night, in justifying the war in going after al-Qaida, led by Osama ers as aggressively. with Iraq, said they attacked us. Sen- bin Laden. My own strong belief at the This is a case of misplaced priorities ator KERRY was quick to point out that time was that ought to have been our by this administration. Our top pri- Iraq did not attack us. It was al-Qaida, top priority and focus. ority should have been nailing Osama led by Osama bin Laden, that attacked I graduated from an American Air bin Laden and al-Qaida. Instead, this us. This basic fact is absolutely essen- Force base in Tripoli, Libya, in North President and this administration di- tial to understanding what occurred Africa. I lived in the Arab world. I verted resources from that hunt and and where we are headed. learned something about the Arab shifted them to Iraq. Again, as dreadful I think it is helpful, perhaps, to re- world in living there. It is very clear to a regime as Iraq had, they were not the view the record. Here is the report of me that we have to be very focused in ones who attacked us. Al-Qaida did. the 9/11 Commission: going after those who attacked us. If This goes on to say: The intelligence reports describe friendly we are going to be successful against Al-Qaida’s continuing threat was shown contacts and indicate some common themes the terrorists, we have to go after the when the Department of Homeland Security in both side’s hatred of the United States people who attacked us. We have to go raised its terrorism alert level Tuesday, after bombings in Saudi Arabia and Morocco. [referring to Iraq and al-Qaida], but to date after those who are planning to attack we have seen no evidence that these or the This is what the President said right earlier contacts ever developed into a col- us again. We cannot go off and go after every bad regime in the world. That after the attacks of September 11, on laborative operational relationship. Nor September 15: have we seen evidence indicating that Iraq will swamp our ability to respond. cooperated with al-Qaida in developing or There has been some suggestion that There is no question about it, this act will carrying out any attacks against the United Saddam Hussein was going to arm ter- not stand; we will find those who did it. We States. will smoke them out of their holes; we will rorists. Go back to what the intel- get them running and we will bring them to Mr. President, it is not just the 9/11 ligence told us, November 16, 2003: justice. Commission that tells us these basic The CIA’s search for weapons of mass de- I agree, absolutely, with the Presi- relationships; it is also our own Intel- struction in Iraq has found no evidence that dent’s statement. He had the priority ligence Committee. Their conclusions former President Saddam Hussein tried to right at the time. Then something hap- transfer chemical or biological technology or in their July 7 report included conclu- pened. I don’t know why. I have never sion 96: weapons to terrorists, according to a mili- tary intelligence expert. been able to decipher why the Presi- The Central Intelligence Agency’s assess- dent’s focus shifted. Here is what he ment that to date there was no evidence pro- Mr. President, what happened was viding Iraqi complicity or assistance in an that our focus on getting those who at- said on March 13, 2002: al-Qaida attack was reasonable and objec- tacked us was diverted by launching You know, I just don’t spend that much time on him [Osama bin Laden] . . . I don’t tive. No additional information has emerged the attack on Iraq. This is from USA to suggest otherwise. know where he is . . . I truly am not that Today, March 29, this year: concerned about him. Conclusion 93: In 2002, troops from the 5th special forces The Central Intelligence Agency reason- How can he not be that concerned group, who specialize in the Middle East, about the man who was the architect ably assessed that there were likely several were pulled out of the hunt for Osama bin instances of contacts between Iraq and al- Laden in Afghanistan to prepare for their of these attacks on the United States? Qaida throughout the 1990s, but that these next assignment: Iraq. Their replacements How can that be? How can our Presi- contacts did not add up to an established, were troops with expertise in Spanish cul- dent not be that concerned about formal relationship. tures. Osama bin Laden, who is out there Mr. President, one month after the Mr. President, what sense does this plotting, even now, to launch even dreadful September 11 attack, the make? We took people who were ex- more attacks on the United States? State Department had on their Web perts in the culture of those who at- The former Secretary of the Navy in site a list of countries where al-Qaida tacked us and we took them out of the the Reagan administration, James has operated. This is a month after the hunt for Osama bin Laden and shifted Webb, made these comments this year September 11 attack. If you look down them over to Iraq in the hunt for Sad- in a USAToday op-ed piece: this list—Bahrain, Bangladesh, France, dam Hussein. And we replaced them Bush arguably has committed the greatest Germany, Iran, and others—there is no with experts in Spanish culture. No strategic blunder in modern memory. To put it bluntly, he attacked the wrong target. . . . mention of Iraq. wonder, over a thousand days after the The Secretary of State has said as re- Our military is being forced to trade away attacks of September 11, we still have its maneuverability in the wider war against cently as September 13, just last not held to account Osama bin Laden, terrorism while being placed on the defen- month, appearing on NBC’s ‘‘Meet the his top assistant, and the rest of their sive in a single country that never will fully Press,’’ that he had seen nothing that criminal group. accept its presence. makes a direct connection between This story says: That is the conclusion of the Sec- Saddam Hussein and his awful regime The CIA, meanwhile, was stretched badly retary of the Navy in the Reagan ad- and what happened on 9/11. in its capacity to collect, translate, and ana- ministration, that this President at- The President himself has previously lyze information coming from Afghanistan. tacked the wrong target. Instead of fo- said, on September 18 of last year, that When the White House raised a new priority, cusing on al-Qaida, he launched a pre- he saw no evidence of Hussein being it took specialists away from the Afghani- emptive attack on Iraq. tied to 9/11. Yet over and over, the Vice stan effort to ensure Iraq was covered. Mr. Webb, in that same opinion piece, President and the President have left I believe history is going to prove said this: an impression with the American peo- that was a serious mistake. Again, Iraq There is no historical precedent for taking ple that somehow Iraq was behind the did not attack us; al-Qaida, led by such action when our country was not being attacks of September 11. It was not. Al- Osama bin Laden, attacked us. They directly threatened. The reckless course that Qaida, led by Osama bin Laden, was be- are the ones we need to hunt down as Bush and his advisers have set will affect the hind the attacks of September 11. our top priority. economic and military energy of our Nation Those are the folks we need to hold to Last year, in The Philadelphia In- for decades. account. They are the ones we need to quirer, this story ran, saying: This is the man who ought to be our bring to justice. That is not for a mo- Some senior officials concede that the Iraq top priority. This is the man who orga- ment to say that Saddam Hussein war also diverted resources from two prob- nized the September 11 attacks against didn’t run a dreadful regime. He did. I lems that could prove to be even more press- the United States. This is the man who think the world is better off without ing than Iraq was: rooting out the remnants is plotting even now to attack the Saddam Hussein in power. The ques- of Osama bin Laden’s al-Qaida terrorism net- United States again. This is Osama bin work and confronting Iran. A senior intel- Laden. It is not Saddam Hussein. We tion is, What were the priorities of the ligence official, who spoke on condition of United States in responding to those anonymity, said the CIA reassigned to Iraq cannot get confused about who the pri- horrific attacks on our country? more than half the operatives tracking al- mary threat is to the United States of My belief at the time we were pre- Qaida fugitives in Afghanistan and Pakistan. America. The top threat, the top pri- paring to go to war with Iraq was that As a result, he said, U.S. forces were not able ority for our military and intelligence October 1, 2004 CONGRESSIONAL RECORD — SENATE S10215 services has to be to bring Osama bin other assistance shall be allocated based The PRESIDING OFFICER. Without Laden and al-Qaida to justice. They are strictly on an assessment of risks and objection, it is so ordered. the ones who attacked us. They are the vulnerabilities. Mr. LIEBERMAN. Mr. President, I do ones plotting to attack us again. (The amendment (No. 3905) is printed want to indicate that we have several I thank the Chair and yield the floor. in the RECORD of Thursday, September other Senators who told us they would The PRESIDING OFFICER. The Sen- 30, 2004, under ‘‘Text of Amendments.’’) be coming over to the floor today to ator from Nevada. AMENDMENT NO. 3821 offer amendments: Senator LEVIN, Sen- Mr. REID. Mr. President, I certainly Mr. REID. Mr. President, I ask that ator ROBERTS, Senator KYL, and Sen- am happy to be here today and that I the pending amendments be set aside, ator STEVENS. I urge them to come was—I do not know if happy is the and I call to the Senate’s attention over as soon as is possible. We are open right word—able to hear the Senator amendment No. 3821 offered on behalf for business, and there is time avail- from North Dakota, who did such a of Senator HARKIN. able. The sooner the debates occur, the good job. Not only is he articulate in The PRESIDING OFFICER. The sooner we will be able to set these mat- his views, but he always has facts and clerk will report the amendment. ters for votes on Monday. figures to back them up. The assistant legislative clerk read AMENDMENT NO. 3807 We have come to know Senator as follows: Mr. LIEBERMAN. In the meantime, CONRAD as someone in the Senate who The Senator from Nevada [Mr. REID], for Mr. President, I would like to take this knows the numbers better than anyone Mr. HARKIN, proposes an amendment num- else. In addition to that, he obviously opportunity to say a word about bered 3821. amendment No. 3807 which Senator is aware of other issues going on, such Mr. REID. Mr. President, I ask unan- as his presentation today, which is a MCCAIN and I offered yesterday. This is imous consent that the reading of the another of the elements of the presentation I heard developed pre- amendment be dispensed with. viously. I want the Senator to know 9/11 Commission report that was part of The PRESIDING OFFICER. Without legislation Senator MCCAIN and I intro- how much I appreciate his very clear objection, it is so ordered. and concise statement. I appreciate it. duced the day after Labor Day as a way The amendment is as follows: to guarantee that all elements of the 9/ AMENDMENT NO. 3849 (Purpose: To modify the functions of the Pri- 11 report would be before the Senate. (Purpose: To protect human health and the vacy and Civil Liberties Oversight Board, This one has to do with effective environment from the release of hazardous and for other purposes) substances by acts of terrorism) screening to keep terrorists out of On page 158, line 9, strike the period and America and away from vital infra- Mr. REID. Mr. President, on behalf of insert ‘‘, including information regarding Senator CORZINE, I ask that the pend- structure in America. It is a comment privacy and civil liberties violations, which on the age in which we live, something ing amendment be set aside, and I call are made by departments, agencies, or ele- up the Corzine amendment No. 3849. ments of the executive branch, of regula- we have taken for granted in America The PRESIDING OFFICER. The tions, policies, or guidelines concerning in- but has been a great asset of ours, and clerk will report the amendment. formation sharing and information collec- that is the size of our country, the size The assistant legislative clerk read tion; and’’. of our borders, and the welcome mat as follows: On page 158, between lines 9 and 10 insert we generally have put out for people the following: The Senator from Nevada [Mr. REID], for visiting our country. (C) the minority views on any findings, Mr. CORZINE, for himself and Mr. LAUTEN- That openness has been exploited—it conclusions, and recommendations of the BERG, proposes an amendment numbered certainly was prior to the attacks of Board resulting from its advice and over- 3849. sight functions under subsection (d). September 11—exploited by those who, Mr. REID. Mr. President, I ask unan- On page 160, line 6, insert ‘‘and the Na- as someone else has said, hate us more imous consent that the reading of the tional Intelligence Director and committees than they love their own lives. They amendment be dispensed with. of Congress described under subsection come in here and are prepared to blow The PRESIDING OFFICER. Without (e)(1)(B)(i)(I),’’ after ‘‘concerned’’. themselves up to kill Americans. That objection, it is so ordered. Mr. REID. Mr. President, on behalf of demands that we not try to put a wall (The amendment is printed in the Senator HARKIN, I recognize his amend- around America—we can never do RECORD of Thursday, September 30, ment would do three things. It first re- that—but that we be aggressive and 2004, under ‘‘Text of Amendments.’’) quires the privacy and civil liberties smart about raising our guard and re- AMENDMENTS NOS. 3782 AND 3905 board established by this bill to include quiring some standards of personal Mr. REID. Mr. President, on behalf of as part of its findings any privacy or identification from people coming into Senator LAUTENBERG, I call up amend- civil liberties violations made by the America, something we have not re- ment Nos. 3782 and 3905 to be consid- intelligence community or other ele- quired before. ered at this time. ments of the executive branch in its We can do that without compro- The PRESIDING OFFICER. The semiannual reports to Congress. mising unduly, unnecessarily, the clerk will report the amendments. Second, it allows minority conclu- openness of our country and the wel- The assistant legislative clerk read sions or recommendations to be sent to come we put out to both those who as follows: Congress. want to emigrate here and those who The Senator from Nevada [Mr. REID], for Finally, the amendment would re- just plain want to visit. Mr. LAUTENBERG, proposes amendments quire the board to report an agency’s The amendment Senator MCCAIN and numbered 3782 and 3905, en bloc. failure to cooperate with its requests I offered has several parts to it. One is Mr. REID. Mr. President, I ask unan- for information or assistance to the na- to simply help us obtain better infor- imous consent that the reading of the tional intelligence director and appro- mation about the way in which terror- amendments be dispensed with. priate committees of Congress. ists move around, the way in which The PRESIDING OFFICER. Without This amendment strengthens the they intend to exploit our transpor- objection, it is so ordered. credibility of the board and improves tation systems, our existing laws, to do The amendment (No. 3782) is as fol- the board’s ability to get the informa- damage to us and our people. We want lows: tion it needs in the conduct of its du- to better screen for terrorists in for- (Purpose: To require that any Federal funds ties. eign countries long before they can appropriated to the Department of Home- Mr. President, I suggest the absence reach our borders. We want to better land Security for grants or other assist- of a quorum. train border personnel. We want to use ance be allocated based strictly on an as- The PRESIDING OFFICER (Mr. AL- the most sophisticated computer imag- sessment of risks and vulnerabilities) LARD). The clerk will call the roll. ing equipment to detect fraudulent At the appropriate place, insert the fol- The assistant legislative clerk pro- travel documents. We want to better lowing: ceeded to call the roll. screen at the borders and at points of SEC. ll. ALLOCATION OF FEDERAL HOMELAND SECURITY ASSISTANCE. Mr. LIEBERMAN. Mr. President, I access, as I say, to critical infrastruc- Any Federal funds appropriated to the De- ask unanimous consent that the order ture, transportation particularly, and partment of Homeland Security for grants or for the quorum call be rescinded. we want to do more to protect against S10216 CONGRESSIONAL RECORD — SENATE October 1, 2004 identity fraud and identity theft be- smuggle in terrorists. We cannot sit previously screened and trusted trav- cause so often these terrorists will as- back and let that happen. elers to go quickly across our borders sume new identities as a way to gain This amendment would also expand so that officials may focus on those access to the country and access to screening for terrorists long before who might do us harm. places where they can inflict damage they reach our borders. Federal agen- Finally, this amendment improves on us. cies would be required to develop a the way we issue key identification What it means to defend America has plan for working with foreign countries documents, such as driver’s licenses, changed. In a different age, the age of to share information on terrorists and birth certificates, or personal identi- serious conflict, it meant having the increase inspection at foreign airports, fication cards that may be required be- strongest military we could, having the not just U.S. airports. The amendment fore boarding a commercial airliner or most sophisticated weapons we could, would increase investment in new tech- requested by a law enforcement officer to deter enemy attack, to be prepared nologies that can detect false travel who has grounds to be suspicious. It to go to the battlefield, to deploy our documents or those with certain indi- would require minimum security forces to meet the enemy and defeat cators that are consistent with ter- standards for these documents and di- the enemy. Today, it involves home- rorist use based on patterns of what we rects the Federal Government to work land security in a way it never has be- know now, and would require both the with the States to establish minimum fore in our history, and this amend- Department of Homeland Security and standards for both the security fea- ment would enable us to raise our the State Department to provide train- tures embedded in these documents and homeland security in the best way pos- ing about terrorist travel to our front- for the way in which the documents are sible. line border officials so they may better issued. In its analysis of the events leading spot forged passports or other subtle By the way, a similar program is al- ready in effect for issuing commercial up to September 11, 2001, the 9/11 Com- clues that warrant further scrutiny. mission concluded that the terrorists The best available technology should driver’s licenses. In this regard, I want are as reliant on travel documents as also be provided to our embassies and to thank my cosponsor on this amend- they ultimately are on weapons. To consulates to detect doctored passports ment, Senator MCCAIN, and the Sen- succeed, they have to travel clandes- or other forms of false identification ator from Illinois, Mr. DURBIN, for their tinely to meet, train, plan, case tar- before the applicant is issued a visa, long work together in the interest of gets, look at targets, and gain access set up a kind of technological wall of establishing not a national identity card but minimum uniform standards to sites they want to attack. They rely identification, most specifically at for personal identification documents on networks of people to facilitate visa-granting points around the world in the United States of America. We their travel, people they place within for visas to come to the United States. have no intention of usurping the this country. Commonly, their travel To improve screening at our borders, State’s role here, their capacity to de- documents have been tampered with. the 9/11 Commission recognized the sign their own identification docu- The 9/11 Commission found that as need for a robust entry and exit system ments. The amendment specifies that many as 15 of the 19 9/11 hijackers based on the use of biometric informa- the States retain the full authority to could have been intercepted at the bor- tion. A system of this sort has been decide who qualifies, for example, for a ders. Two of them actually entered the under development for over a year now, driver’s license. We would, in addition, United States even though they were but it needs to be improved and accel- provide grants to the States to help known as terrorists by at least one erated. Our amendment requires the agency in the intelligence community them implement these new standards. Department of Homeland Security to For several decades, study after of the United States. They were on a do just that. study has told us how easy it is to ob- terrorist watch list. They had been The 9/11 Commission also rec- tain a false identity in this country. As heard at a meeting in Kuala Lumpur, ommended that we close the gaping recently as 2002, GAO investigators kind of a world conference of terror- hole in our border security created by used fraudulent identification made by ists, al-Qaida largely, where we now be- policies allowing easy passage into the commercially available computer soft- lieve the attacks of 9/11 were planned. United States from Canada, Mexico, ware to obtain driver’s licenses in sev- Two of them met that standard. and the Caribbean; logical enough in eral States. Of course, the driver’s li- The point is we have to address the years past, the natural neighborly cense is an entry card to a personal multiple opportunities to identify and tendency of the United States of Amer- identification and clearance through- stop the terrorists at every point along ica and Americans generally, but un- out the system. their travel routes long before they fortunately it is a policy of openness We have known about this problem reach our entry points, at our border that has been exploited and continues for decades, but after September 11 we crossings. Once inside the country, we to be exploited by the terrorists. can’t wait any longer—and we are still have to find ways to detect them. Our lenient border policies with our waiting, since September 11, to do any- The first thing this amendment does neighbors to the north and south today thing about it. This bill will push us is seek to improve our intelligence constitute a vulnerability. Travelers forward. about how terrorists travel. Before 9/11 may now cross these borders with no The 9/11 Commission described a vari- and even today, there is no agency other proof of U.S. citizenship than a ety of loopholes and flaws and inad- within the Federal Government that verbal statement. Individuals claiming equacies in our current border security has the responsibility to consider this to be Canadians enter our country from personal identity system. We must question. The Department of Homeland Canada without showing a passport. close and repair those; close those loop- Security, therefore, would be directed The policies are evidence of our good holes, repair those flaws, and put to an by the amendment to work with the relations with our neighbors, but in the end, as best we can, to the terrorists’ appropriate intelligence and law en- age of terrorism, that friendship must ability to continually reinvent them- forcement agencies in a coordinated ef- allow for better security for the benefit selves and escape detection. We are up fort to detect methods and patterns of of both. to this. We are technologically up to travel, such as the use of specific Our amendment would require bio- this. The question is whether we have routes. They would look for those who metric passports, or an identification the will and the common sense to do assist terrorists, be they human smug- document just as secure, for everyone so. glers or corrupt government officials. crossing into the United States, even This amendment would help our bor- There is information—and I can de- U.S. citizens and our closest neighbors. der and law enforcement officials ac- scribe it because it was mentioned in a As we make our borders more secure, complish exactly that. For the sake of newspaper; I saw it in the Washington we must not forsake the principles of the safety of all Americans, I ask my Times earlier this week—about ter- openness and freedom that define us as colleagues to support this amendment. rorist elements, al-Qaida working with a nation. This amendment therefore re- I note with gratitude the presence on certain gangs, drug groups, who cus- quires that the Department of Home- the floor of Senator LEVIN. I yield the tomarily smuggle people across our land Security consolidate and improve floor to him at this time for the pur- southern border to work with them to a registered travel program that allows pose of offering an amendment. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10217 The PRESIDING OFFICER. The Sen- Senator from Connecticut, but I under- this many needs, but we have only this ator from Michigan. stand that this first amendment of many resources. How do we allocate AMENDMENT NO. 3808 mine may have been cleared now. I limited resources—or at least not un- Mr. LEVIN. I thank my good friend want to describe it, in any event. limited resources—among a very finite from Connecticut. I thank him and I ask unanimous consent we set aside package of needs which frequently will Senator COLLINS, again, for their lead- the pending amendment and that exceed the resources we have? ership on this very critically important amendment No. 3808 be called up. Who is going to arbitrate that prob- bill, one that is surely needed, one that The PRESIDING OFFICER. Without lem? If the State Department says we surely must be done right. I think we objection, it is so ordered. The clerk have to have satellite coverage here, are all determined to do both—to get will report. and another department says, no, we this bill passed, but to get it passed in The legislative clerk read as follows: have to have that coverage here, who is a form which not just improves our in- The Senator from Michigan (Mr. going to make that decision? telligence capability but also addresses LEVIN) proposes an amendment num- The answer which this bill provides, an issue which I have been very much bered 3808. and I think rightly so, is that the na- concerned about, which is the shaping Mr. LEVIN. I ask unanimous consent tional intelligence director needs to of intelligence, the exaggeration of in- the reading of the amendment be dis- make the decision as to what needs are telligence, the distortion of intel- pensed with. going to be met if we can’t meet all of ligence to support particular policy The PRESIDING OFFICER. Without them. But in terms of what those needs purposes. objection, it is so ordered. are, in terms of setting forth the re- Unhappily, this is not new. We saw The amendment is as follows: quirements of the agency, that has to the same problem in the Gulf of Tonkin (Purpose: To enhance customer focus on in- be something which the agency head resolution, with a distortion of the in- telligence and to ensure independent intel- sets up. There is no way that the NID telligence that was used in order to ob- ligence analyses) can decide what the State Department tain passage of a resolution which On page 14, line 2, strike ‘‘community,’’ needs and what the Defense Depart- would support the expansion of a war and insert ‘‘community following receipt of ment needs and what the Treasury De- in Vietnam. intelligence needs and requirements from partment needs. Those agencies and the consumers of national intelligence,’’. others have to lay out what their re- We saw the same problem with the On page 14, line 8, insert before the semi- Iran-contra matter, where intelligence colon the following: ‘‘, while ensuring that quirements are, what their needs are. was distorted, shaped, and misused in the elements of the intelligence community Where the NID comes in is deciding order to support a particular policy po- are able to conduct independent analyses so among those needs which ones have the sition. as to achieve, to the maximum extent prac- top priority. That is why the language We recently saw, before Iraq, that in- ticable, competitive analyses’’. in the bill which says that the NID will telligence was shaped and exaggerated Mr. LEVIN. Mr. President, the 9/11 establish the collection and analysis and distorted inside the intelligence Commission, in addition to recom- priorities and manage collection community, in my judgment, after it mending a number of ways in which we tasking is, in my judgment, correct. was received by the policymakers. But could strengthen the national intel- I want to make it clear that this even before they got it, it was shaped ligence director and that office and amendment is truly intended to clarify in a way that pointed, in every single produce more coordinated and helpful what I believe is the intent of the spon- instance where there is an error in intelligence reports where we have all sors of this bill. There are other omission, toward a more imminent the information necessary to connect amendments I will be offering which threat, a stronger threat, which there- the dots and where agencies share in- differ on the substance, where there is by supported the position of the policy- formation with each other, also re- something I would do differently from makers. minded us on page 414 of their report the sponsors of the bill. But this I believe in a stronger national intel- that: amendment is intended to clarify what I believe not only is but should be and ligence director. We need a stronger In managing the whole community, the national intelligence director, but we National Intelligence Director is still pro- must be the intent of the sponsors of also want a director who is going to ex- viding a service function. With the partial this legislation in two ways. ercise that power in a way which will exception of his or her responsibilities for First, as I have just described, and as not produce intelligence aimed at sup- overseeing the NCTC [the National the 9/11 Commission described, one of porting policy. We need intelligence Counterterrorism Center] the National Intel- the purposes of the national intel- which is aimed at providing facts—un- ligence Director should support the con- ligence director is to support the con- varnished, objective, independently ar- sumers of national intelligence—the presi- sumers of national intelligence. It is rived at. dent and policymaking advisers, such as sec- the consumers who must set forth and While supporting a more powerful di- retaries of state, defense and homeland secu- lay out their needs. When those needs rity, and the Attorney General. rector, I do not want to support a exceed the resources or can’t be met stronger ‘‘yes’’ man or simply to sup- The consumers of intelligence are the for whatever reason, you need an arbi- port a stronger political arm of the ones who need to set forth and lay out ter. That is where the NID should come White House. Here, when I say that, I their needs. What do they need by way in. Sorry, we can’t meet that depart- am referring to any administration, of collection? What is it that they and ment’s need; or, Sorry we can’t meet not just this administration. I don’t their agencies—whether it is the State the Treasury Department needs be- want national intelligence directors to Department or Homeland Security De- cause this Homeland Security need has be shaping intelligence to support the partment or the Treasury Department to take priority. You need someone policy of any administration. I want or any other department—what kind of who will make that decision and who them to be providing information satellite capabilities do they need? can make it quickly. That, I believe, is which is critically important to policy- Where do they need the electronics to the intent. makers but information which must be be used? They need to tell that new na- No one is in a position to determine right, must be accurate, must be objec- tional intelligence director and the the needs of 15 intelligence agencies tive, must be independently arrived at. NCTC what it is they need for their with intelligence operations except That is what my goal has been. purposes. They are in the best position those agencies themselves. But when The Senator from Connecticut and to know what are the requirements of you aggregate those needs and they ex- the Senator from Maine, who are lead- their agency. ceed the resources, at that point you ing this effort, and the Governmental When all these requirements and have to have a national intelligence di- Affairs Committee have willingly needs are put together, we are then in rector who says, That has priority and added a number of provisions which a situation where the needs and the re- we are tasking that particular sat- have furthered that goal. There are a quirements of the agencies will prob- ellite; we are tasking an agency that number of other provisions which I be- ably exceed the resources that we have has satellite capability to accomplish lieve should be added here on the floor. available to meet those needs. At that that particular goal and meet that I will be offering one today. I have point, you need somebody to arbitrate. need rather than their other needs not personally been able to talk to the You need somebody to decide: We have which cannot be met. S10218 CONGRESSIONAL RECORD — SENATE October 1, 2004 That is one part of the amendment. and he continues to with this amend- Mr. LIEBERMAN. Mr. President, the The other clarification has to do with ment, an amendment somewhat like Senator from Maine is on her way to the analyses, the so-called competitive the one which the committee didn’t the floor to speak about the amend- analyses, which are welcome. agree on. We have worked together. ment. I wonder if we might go into a Everybody who testified in front of This whole bill has had so many mo- quorum call for a moment until she us—Secretary Powell, Secretary Ridge, ments where I felt we were legislating, does. the chairman of our committee and the we were reasoning together and coming I note the presence of the very distin- ranking member said this at hearings— to agreements that will make the sys- guished chairman of the Intelligence ‘‘We don’t want group-think.’’ We want tem we want established better. This is Committee. He will go next after we independent analyses. We want anal- one of them. It is totally consistent agree to this amendment. yses which are competitive. We want to with the intention Senator COLLINS In the meantime, I suggest the ab- encourage that. We don’t want to dis- and I have had in putting the bill to- sence of a quorum. courage it. gether with the intention, in my opin- The PRESIDING OFFICER. The We want to make it clear in the bill ion, of the September 11 Commission, clerk will call the roll. that by giving power to the national which is to put somebody in charge of The legislative clerk proceeded to intelligence director to direct that a the intelligence community where call the roll. Ms. COLLINS. Mr. President, I ask competitive analysis be achieved, it is there is not someone in charge now; to unanimous consent that the order for not exclusive. We are still urging all of not simply encourage but to the best of the quorum call be rescinded. the intelligence agencies on their own their ability mandate collaboration The PRESIDING OFFICER. Without initiative to provide independently ar- among the component agencies of the rived at and competitive analysis. We objection, it is so ordered. intelligence community and make sure Ms. COLLINS. Mr. President, I sup- want agencies to tell us those alu- that one result of collaboration is not port the amendment proposed by Sen- minum tubes have two purposes, not so-called group-think; that there is ator LEVIN. I thank him for offering it just one. We want agencies on their independent, competitive analysis and for all of his hard work. It reflects own initiative—not waiting for a direc- going on. not only the Senator’s unique experi- tion by the NID but on their own ini- The amendment of the Senator from ence as a member of the Intelligence tiative, should they determine that is Michigan, which is focused, does ex- Committee, the Armed Services Com- what they wish to do—to tell us, No, actly that. It adds language to make mittee, and the Governmental Affairs those unmanned aerial vehicles do not clear that the national intelligence di- Committee, but also it reflects his have a purpose of delivering biological rector shall establish collection and usual care and attention to detail, weapons; they are more suited for a le- analysis requirements for the intel- which is unparalleled in this body. gitimate purpose. ligence community based on input The Levin amendment makes clear We want agencies, in other words, to from consumers of that national intel- that the NID will establish collection give us those competitive analyses ligence which reflect their estimate of and analysis requirements for the in- which is what is the great antidote to their need and requirements. That is telligence community following input group-think and which the chairman, plain common sense. from the consumers of intelligence. the ranking member, and every single The director would also establish col- With these authorities, the NID will be witness, I think, who came in front of lection analysis requirements based on able to manage collection activities us said should be encouraged. We have the needs of intelligence consumers in across the intelligence community to language in the bill now which gives order to produce timely and relevant ensure that defense, homeland secu- the power to the NID to direct a com- products, which is what this is all rity, and diplomatic needs are petitive analysis, which is fine. He or about. prioritized and satisfied. Similarly, a she ought to have that power. Senator LEVIN’s amendment also strong NID will ensure robust and com- We want to encourage independent or makes clear the director has the re- petitive analysis of intelligence, competitive analysis, and that means sponsibility in setting analysis prior- prioritized to meet our most pressing we don’t want any agency to think ities to ensure that the elements of the needs. they have to wait for a direction, but intelligence community are able to Senator LEVIN’s amendment will they on their own will be encouraged conduct, as he has said, ‘‘independent clarify that the consumers of national by the NID to engage in those kinds of analyses so as to achieve to the max- intelligence should set the require- independent analyses. imum extent practicable competitive ments for collection and analysis. It I want to assure my dear friend from analysis.’’ would also emphasize that independent Connecticut, the ranking member, that That, too, is not only sensible, but it and comparative analyses are critical this particular amendment does have is in the interest of our national secu- to an effective intelligence community. that purpose. I believe it is a very com- rity. I thank the Senator from Michigan monsense amendment which is com- I thank the Senator from Michigan. I for his contribution. I urge agreement plimentary to everything that is in the certainly support the amendment. I be- of the amendment. bill. lieve it has been cleared on both sides. The PRESIDING OFFICER. The I will be offering amendments per- But the Senator from Maine is not able question is on agreeing to the Levin haps on Monday which I think are very to be on the floor right now. As soon as amendment. modest amendments which do, though, she can, I guess she will want to speak The amendment (No. 3808) was agreed make substantive changes to the bill. on this and we should adopt this by to. This would carry out what I hope the consent. Mr. LEVIN. I move to reconsider the intention is of the sponsors of the bill I thank the Chair. I yield the floor. vote. and which has been stated by the spon- The PRESIDING OFFICER. The Sen- Ms. COLLINS. I move to lay that mo- sors of the bill to be something they ator from Michigan. tion on the table. deeply believe in. Mr. LEVIN. Mr. President, first let The motion to lay on the table was I yield the floor. me thank my dear friend from Con- agreed to. The PRESIDING OFFICER. The Sen- necticut. The PRESIDING OFFICER. The Sen- ator from Connecticut. I ask unanimous consent that Sen- ator from Kansas. Mr. LIEBERMAN. Mr. President, I ator INOUYE be added as a cosponsor to Mr. ROBERTS. Mr. President, I ask thank my friend from Michigan, the this amendment. unanimous consent that the pending distinguished member of our Govern- The PRESIDING OFFICER. Without amendment be set aside. mental Affairs Committee, who has objection, it is so ordered. The PRESIDING OFFICER. Without played a characteristically active, Mr. LEVIN. Mr. President, I don’t objection, it is so ordered. thoughtful, and constructive part in know whether the Senator from Con- AMENDMENT NO. 3748 the markup of and consideration of the necticut at this point wants to have a Mr. ROBERTS. Mr. President, I ask committee through the hearings, draft- voice vote or wait for the Senator from unanimous consent to call up amend- ing, and markup of the bill last week, Maine. ment No. 3748 entitled ‘‘The Analytic October 1, 2004 CONGRESSIONAL RECORD — SENATE S10219 Review Unit,’’ which probably should On page 80, between lines 13 and 14, insert produced by or disseminated to such ele- be entitled ‘‘The Accountability the following: ments; Amendment.’’ (2) The Ombudsman, the Analytic Review On page 17, line 20, strike ‘‘(11)’’ and insert The PRESIDING OFFICER. The Unit, and other staff of the Office shall have ‘‘(13)’’. access to any employee, or any employee of On page 17, line 22, strike ‘‘(12)’’ and insert clerk will report. a contractor, of the intelligence community ‘‘(14)’’. The legislative clerk read as follows: whose testimony is needed for the perform- On page 18, line 1, strike ‘‘(13)’’ and insert The Senator from Kansas [Mr. ROBERTS] ance of the duties of the Ombudsman. ‘‘(15)’’. proposes an amendment numbered 3748. Mr. ROBERTS. This amendment On page 18, between lines 3 and 4, insert Mr. ROBERTS. I ask unanimous con- clarifies the role of the analytical re- the following: sent that reading of the amendment be view unit that the Collins and (16) ensure that intelligence (including dispensed with. unevaluated intelligence), the source of such Lieberman bill creates within the Of- intelligence, and the method used to collect The amendment is as follows: fice of the Ombudsman of the National such intelligence is disseminated in a timely (Purpose: To clarify the duties and respon- Intelligence Authority. The amend- and efficient manner that promotes com- sibilities of the Ombudsman of the Na- ment specifies that the unit will evalu- prehensive all-source analysis by appro- tional Intelligence Authority and of the ate the quality of the analysis of our priately cleared officers and employees of Analytic Review Unit within the Office of national intelligence agency and, the United States Government, notwith- the Ombudsman) where appropriate, issue nonbinding— standing the element of the intelligence On page 78, line 19, insert ‘‘regular and de- and I underline ‘‘nonbinding’’—rec- community that collected such intelligence tailed’’ before ‘‘reviews’’. or the location of such collection; On page 79, strike lines 1 and 2 and insert ommendations for present personnel On page 18, line 4, strike ‘‘(14)’’ and insert the following: actions to include additional training, ‘‘(17)’’. political considerations, based upon all commendations, and also any action On page 18, line 7, strike ‘‘(15)’’ and insert sources available to the intelligence commu- that would be disciplinary. ‘‘(18)’’. nity, and performed in a manner consistent This quality control mechanism will On page 18, line 14, strike ‘‘(16)’’ and insert with sound analytic methods and tradecraft, help instill accountability—we have ‘‘(19)’’. including reviews for purposes of deter- heard that word over and over again in On page 18, line 17, strike ‘‘(17)’’ and insert mining whether or not— regard to intelligence reform, inde- ‘‘(20)’’. On page 18, line 20, strike ‘‘(18)’’ and insert (A) such product or products state sepa- pendence, leadership, and account- rately, and distinguish between, the intel- ‘‘(21)’’. ability—in the intelligence commu- On page 19, line 5, strike ‘‘(19)’’ and insert ligence underlying such product or products nity’s analytical effort in an effort to and the assumptions and judgments of ana- ‘‘(22)’’. lysts with respect to the intelligence and guard against analytical failures such On page 19, line 7, strike ‘‘(20)’’ and insert such product or products; as prewar intelligence assessment con- ‘‘(23)’’. (B) such product or products describe the cerning Iraq’s weapons of mass destruc- On page 20, strike lines 12 through 14 and quality and reliability of the intelligence un- tion programs by providing regular insert the following: derlying such product or products; quality control audits of the intel- shall have access to all intelligence and, con- (C) such product or products present and ligence community’s analysis. sistent with subsection (k), any other infor- explain alternative conclusions, if any, with I am extremely hopeful the managers mation which is collected by, possessed by, or under the control of any department, respect to the intelligence underlying such can find a way to include this impor- product or products; agency, or other element of the United (D) such product or products characterizes tant amendment in the bill. States Government when necessary to carry the uncertainties, if any, and the confidence I ask unanimous consent to set aside out the duties and responsibilities of the Di- in such product or products; and the amendment at this time. rector under this Act or any other provision (E) the analyst or analysts responsible for The PRESIDING OFFICER. Without of law. such product or products had appropriate ac- objection, it is so ordered. On page 31, line 1, strike ‘‘112(a)(16)’’ and cess to intelligence information from all AMENDMENTS NOS. 3739 AND 3750, EN BLOC insert ‘‘112(a)(19)’’. sources, regardless of the source of the infor- Mr. ROBERTS. Mr. President, I ask On page 31, strike line 22 and insert the fol- lowing: mation, the method of collection of the in- unanimous consent to call up en bloc formation, the elements of the intelligence amendments 3739 and 3750 and ask that ensures information-sharing, including di- community that collected the information, rect, continuous, and automated access to or the location of such collection. they be considered separately. unevaluated intelligence data in its earliest On page 80, line 1, insert ‘‘(A)’’ after ‘‘(5)’’. The PRESIDING OFFICER. Without understandable form. On page 80, line 3, strike ‘‘, upon request,’’. objection, it is so ordered. On page 32, beginning on line 3, strike ‘‘in- On page 80, between lines 5 and 6, insert The clerk will report. formation-sharing’’ and all that follows the following: The legislative clerk read as follows: through line 4 and insert ‘‘information-shar- (B) The results of the evaluations under The Senator from Kansas [Mr. ROBERTS] ing, including direct, continuous, and auto- paragraph (4) shall also be distributed as ap- proposes amendments numbered 3739 and mated access to unevaluated intelligence propriate throughout the intelligence com- 3750, en bloc. data in its earliest understandable form.’’. munity as a method for training intelligence On page 32, line 16, insert ‘‘AND ANALYSIS’’ Mr. ROBERTS. I ask unanimous con- community analysts and promoting the de- after ‘‘COLLECTION’’. velopment of sound analytic methods and sent that the reading of the amend- On page 32, line 19, insert ‘‘and analysis’’ tradecraft. To ensure the widest possible dis- ments be dispensed with. after ‘‘collection’’. tribution of the evaluations, the Analytic The PRESIDING OFFICER. Without On page 32, beginning on line 21, strike Review Unit shall, when appropriate, objection, it is so ordered. ‘‘the head of each element of the intelligence produce evaluations at multiple classifica- The amendments are as follows: community’’ and insert ‘‘the head of any de- tion levels. AMENDMENT NO. 3739 partment, agency, or element of the United (6) Upon completion of the evaluations States Government, and the components and (Purpose: To ensure the sharing of intel- under paragraph (4), the Ombudsman may programs thereof,’’. ligence information in a manner that pro- make recommendations to the National In- On page 56, line 20, strike ‘‘(15) and (16)’’ motes all-sources analysis and to assign re- telligence Director, and to the heads of the and insert ‘‘(18) and (19)’’. sponsibility for competitive analysis) elements of the intelligence community, for On page 194, line 9, strike ‘‘112(a)(11)’’ and such personnel actions as the Ombudsman On page 17, between lines 19 and 20, insert insert ‘‘112(a)(13)’’. considers appropriate in light of the evalua- the following: On page 195, line 16, strike ‘‘112(a)(11)’’ and tions, including awards, commendations, (11) direct an element or elements of the insert ‘‘112(a)(13)’’. reprimands, additional training, or discipli- intelligence community to conduct competi- On page 195, line 23, strike ‘‘112(a)(11)’’ and nary action. tive analysis of analytic productions, par- insert ‘‘112(a)(13)’’. On page 80, line 6, strike ‘‘INFORMATION.—’’ ticularly products having national impor- On page 196, line 7, strike ‘‘112(a)(11)’’ and and insert ‘‘INFORMATION AND PERSONNEL.— tance; insert ‘‘112(a)(13)’’. (1)’’. (12) implement policies and procedures to AMENDMENT NO. 3750 On page 80, line 8, insert ‘‘, the Analytic encourage sound analytic methods and Review Unit, and other staff of the Office of tradecraft throughout the elements of the (Purpose: To clarify the responsibilities of the Ombudsman of the National Intelligence intelligence community and to ensure that the Directorate of Intelligence of the Na- Authority’’ after ‘‘Authority’’. the elements of the intelligence community tional Counterterrorism Center for infor- On page 80, line 10, insert ‘‘operational regularly conduct competitive analysis of mation-sharing and intelligence analysis) and’’ before ‘‘field reports’’. analytic products, whether such products are On page 87, line 16, strike ‘‘and’’ at the end. S10220 CONGRESSIONAL RECORD — SENATE October 1, 2004 On page 87 between lines 16 and 17, insert lates that the national intelligence di- (8) Section 21 (50 U.S.C. 403u), relating to the following: rector is responsible for ensuring that operation of a central services program. (D) ensure that intelligence (including the information-sharing process be (d) EXERCISE OF DELEGATED AUTHORITY.— unevaluated intelligence) concerning sus- automated to allow intelligence ana- Notwithstanding any other provision of law, pected terrorists, their organizations, and the head of an element of the intelligence their capabilities, plans, and intentions, the lysts to ‘‘pull’’ information from data- community delegated an authority under source of such intelligence, and the method bases rather than waiting for somebody subsection (b) with respect to a program, used to collect such intelligence is dissemi- to push it to them. Currently, much of project, or activity may exercise such au- nated in a timely and efficient manner that the information sharing that does thority with respect to such program, promotes comprehensive all-source analysis occur in the intelligence community project, or activity to the same extent that with the Directorate and by appropriately happens only through phones and fax the Director of the Central Intelligence cleared officers and employees of the United machines, which is very inefficient, Agency may exercise such authority with re- States Government, notwithstanding the ele- and also it is unreliable. spect to the Central Intelligence Agency. ment of the intelligence community that On page 108, line 12, strike ‘‘(1)’’. collected such intelligence or the location of I am hopeful the managers can find a On page 108, line 19, strike ‘‘(2)’’ and insert such collection; way to include this important amend- ‘‘(b) DEPOSIT OF PROCEEDS.—’’. (E) conduct, or direct through the National ment in the bill. I ask unanimous con- On page 108, strike line 23 and all that fol- Intelligence Director an element or elements sent that the amendment be set aside. lows through page 109, line 3. of the intelligence community to conduct, The PRESIDING OFFICER. Without Mr. ROBERTS. Mr. President, this competitive analyses of intelligence prod- objection, it is so ordered. amendment would provide the national ucts relating to suspected terrorists, their AMENDMENT NO. 3747 intelligence director with certain spec- organizations, and their capabilities, plans, and intentions, particularly products having Mr. ROBERTS. Mr. President, I ask ified authorities already provided to national importance; unanimous consent to call up amend- the Central Intelligence Agency. These (F) implement policies and procedures to ment No. 3747. provisions include flexible acquisition, encourage coordination by all elements of The PRESIDING OFFICER. Without spending, personnel, and management the intelligence community that conduct objection, the clerk will report. authorities. As I have indicated, the analysis of intelligence regarding terrorism The legislative clerk read as follows: national intelligence director already of all Directorate products of national im- The Senator from Kansas [Mr. ROBERTS] has these authorities. In addition, the portance and, as appropriate, other products, proposes an amendment numbered 3747. amendment permits the national intel- before their final dissemination; (G) ensure the dissemination of Direc- Mr. ROBERTS. Mr. President, I ask ligence director to delegate any of the torate intelligence products to the Presi- unanimous consent that reading of the specified authorities to the head of an dent, to Congress, to the heads of other de- amendment be dispensed with. element of the intelligence community partments and agencies of the executive The PRESIDING OFFICER. Without for use by that element. branch, to the Chairman of the Joint Chiefs objection, it is so ordered. Under the National Security Act of of Staff and senior military commanders, The amendment is as follows: 1947, the CIA has a range of authorities and to such other persons or entities as the (Purpose: To provide the National Intel- in matters such as acquisition, spend- President shall direct; and ing, personnel, and management that On page 87, line 17, strike ‘‘(D)’’ and insert ligence Director with flexible administra- ‘‘(H)’’. tive authority with respect to the National do not exist anywhere else in Govern- On page 96, line 16, strike ‘‘foreign’’. Intelligence Authority) ment. These sorts of authorities are often required to effectively conduct Mr. ROBERTS. This amendment On page 43, after line 20, add the following: intelligence operations in a very time- clarifies that a primary mission of Na- SEC. 119. ADMINISTRATIVE AUTHORITIES. ly way. This amendment seeks to em- tional Intelligence Authority is the (a) EXERCISE OF ADMINISTRATIVE AUTHORI- TIES power the national intelligence direc- elimination of barriers that impede .—Notwithstanding any other provision of law, the National Intelligence Director tor by allowing him to exercise these any coordination of all intelligence ac- may exercise with respect to the National authorities anywhere in the intel- tivities, not merely counterterrorism Intelligence Authority any authority of the ligence community that he sees fit, not activities. Director of the Central Intelligence Agency just at the CIA. Three years after 9/11, information with respect to the Central Intelligence I am extremely hopeful that the sharing still remains, unfortunately, a Agency under a provision of the Central In- managers can find a way to include serious problem. As recently as last telligence Agency Act of 1949 specified in this very important amendment in the week—as recently as last week—the subsection (c). bill. Senate Intelligence Committee re- (b) DELEGATION OF ADMINISTRATIVE AU- THORITIES.—Notwithstanding any other pro- Mr. President, I ask unanimous con- ceived a disturbing briefing in closed vision of law, the National Intelligence Di- sent to set aside the amendment. session that clearly demonstrated that rector may delegate to the head of any other The PRESIDING OFFICER. Without even on matters related to the current element of the intelligence community with objection, it is so ordered. terrorist threat to our homeland, the a program, project, or activity within the intelligence agencies still stubbornly National Intelligence Program for purposes AMENDMENT NO. 3742 refuse to adequately share information. of such program, project or activity any au- Mr. ROBERTS. Mr. President, I ask The National Security Act of 1947 thority of the Director of the Central Intel- unanimous consent to call up amend- clearly stipulates that a primary mis- ligence Agency with respect to the Central ment No. 3742. Intelligence Agency under a provision of the The PRESIDING OFFICER. Without sion of the head of the intelligence Central Intelligence Agency Act of 1949 spec- community is to protect sources and objection, the clerk will report. ified in subsection (c). The legislative clerk read as follows: methods. The current language of the (c) SPECIFIED AUTHORITIES.—The authori- Collins-Lieberman bill wisely balances ties of the Director of the Central Intel- The Senator from Kansas [Mr. ROBERTS] this with the need to also ensure that ligence Agency specified in this subsection proposes an amendment numbered 3742. intelligence concerning terrorism is are the authorities under the Central Intel- Mr. ROBERTS. Mr. President, I ask certainly shared with those who need ligence Agency Act of 1949 as follows: unanimous consent that reading of the it. (1) Section 3 (50 U.S.C. 403c), relating to amendment be dispensed with. procurement. This amendment seeks to broaden The PRESIDING OFFICER. Without (2) Section 4 (50 U.S.C. 403e), relating to objection, it is so ordered. that responsibility to include all intel- travel allowances and related expenses. ligence threats, such as the prolifera- (3) Section 5 (50 U.S.C. 403f), relating to ad- The amendment is as follows: tion of weapons of mass destruction, ministration of funds. (Purpose: To clarify the continuing applica- North Korea, and other intelligence (4) Section 6 (50 U.S.C. 403g), relating to ex- bility of section 504 of the National Secu- threats, not just terrorism. Terrorism emptions from certain information disclo- rity Act of 1947 to the obligation and ex- sure requirements. penditure of funds appropriated for the in- is a serious threat, but it is not the last telligence and intelligence-related activi- threat that we will face. (5) Section 8 (50 U.S.C. 403j), relating to availability of appropriations. ties of the United States) This amendment, which would build (6) Section 11 (50 U.S.C. 403k), relating to On page 28, line 17, strike ‘‘or’’ and insert on the Collins-Lieberman bill and their payment of death gratuities. ‘‘and’’. already strong provisions for a ‘‘trust- (7) Section 12 (50 U.S.C. 403l), relating to On page 33, between lines 2 and 3, insert ed information network,’’ also stipu- acceptance of gifts, devises, and bequests. the following: October 1, 2004 CONGRESSIONAL RECORD — SENATE S10221 SEC. 114. FUNDING OF INTELLIGENCE ACTIVI- SEC. 309. CONFORMING AMENDMENT ON FUND- Committee on Intelligence and the Com- TIES. ING OF INTELLIGENCE ACTIVITIES. mittee on Government Reform of the House (a) FUNDING OF ACTIVITIES.—(1) Notwith- Section 504(a)(3) of the National Security of Representatives’’. standing any other provision of law, appro- Act of 1947 (50 U.S.C. 414(a)(3)) is amended— On page 172, strike line 18 and all that fol- priated funds available to an intelligence (1) in subparagraph (A), by adding ‘‘and’’ at lows through page 174, line 23, and insert the agency may be obligated or expended for an the end; following intelligence or intelligence-related activity (2) by striking subparagraph (B); and SEC. 224. COMMUNICATIONS WITH CONGRESS. only if— (3) by redesignating subparagraph (C) as AMENDMENT NO. 3751 (A) those funds were specifically author- subparagraph (B). ized by the Congress for use for such activi- On page 200, line 19, strike ‘‘309.’’ and in- (Purpose: To clarify the responsibilities of ties; sert ‘‘310.’’. the Secretary of Defense pertaining to the (B) in the case of funds from the Reserve On page 201, line 11, strike ‘‘310.’’ and in- National Intelligence Program) for Contingencies of the National Intel- sert ‘‘311.’’. On page 200, strike lines 5 through 11 and ligence Director, and consistent with the On page 203, line 9, strike ‘‘311.’’ and insert insert the following: provisions of section 503 of the National Se- ‘‘312.’’. SEC. 307. CONFORMING AMENDMENTS ON RE- curity Act of 1947 (50 U.S.C. 413b) concerning On page 204, line 1, strike ‘‘312.’’ and insert SPONSIBILITIES OF SECRETARY OF any significant anticipated intelligence ac- ‘‘313.’’. DEFENSE PERTAINING TO NATIONAL INTELLIGENCE PROGRAM. tivity, the National Intelligence Director has Mr. ROBERTS. Mr. President, this notified the appropriate congressional com- Section 105(a) of the National Security Act mittees of the intent to make such funds amendment would preserve the require- of 1947 (50 U.S.C. 403–5(a)) is amended— available for such activity; or ment in section 504 of the National Se- (1) in paragraph (1), by striking ‘‘ensure’’ (C) in the case of funds specifically author- curity Act that funds appropriated for and inserting ‘‘assist the Director in ensur- ized by the Congress for a different activ- an intelligence activity must also be ing’’; and ity— specifically authorized. (2) in paragraph (2), by striking ‘‘appro- (i) the activity to be funded is a higher pri- I am hopeful I can work with the priate’’. ority intelligence or intelligence-related ac- managers of the bill and that we will Mr. ROBERTS. Mr. President, these tivity; and be able to include this important amendments contain clarifications to (ii) the National Intelligence Director, the amendment in the bill. It is absolutely the authorities of the national intel- Secretary of Defense, or the Attorney Gen- ligence director. I am told that our eral, as appropriate, has notified the appro- essential. priate congressional committees of the in- Mr. President, I ask unanimous con- staffs have been working very dili- tent to make such funds available for such sent that the amendment be set aside. gently on these matters. I believe that activity. The PRESIDING OFFICER. Without they strengthen the bill, and I am (2) Nothing in this subsection prohibits the objection, it is so ordered. hopeful they will be accepted by the obligation or expenditure of funds available AMENDMENTS NOS. 3740, 3741, 3744, AND 3751 managers of the bill. to an intelligence agency in accordance with Mr. ROBERTS. Mr. President, I ask Mr. President, I ask unanimous con- sections 1535 and 1536 of title 31, United sent that these amendments now be set States Code. unanimous consent to call up en bloc (b) APPLICABILITY OF OTHER AUTHORITIES.— amendments Nos. 3740, 3741, 3744, and aside. Notwithstanding any other provision of this 3751, and I ask they be considered sepa- The PRESIDING OFFICER. Without Act, appropriated funds available to an intel- rately. objection, it is so ordered. ligence agency may be obligated or expended The PRESIDING OFFICER. Without Mr. ROBERTS. Mr. President, I yield for an intelligence, intelligence-related, or the floor. other activity only if such obligation or ex- objection, it is so ordered. The clerk will report. The PRESIDING OFFICER. The Sen- penditure is consistent with subsections (b), ator from Maine. (c), and (d) of section 504 of the National Se- The legislative clerk read as follows: Ms. COLLINS. Mr. President, I thank curity Act of 1947 (50 U.S.C. 414). The Senator from Kansas [Mr. ROBERTS] (c) DEFINITIONS.—In this section: proposes amendments numbered 3740, 3741, the Senator from Kansas, the distin- (1) The term ‘‘intelligence agency’’ means 3744, and 3751 en bloc. guished chairman of the Senate Intel- any department, agency, or other entity of Mr. ROBERTS. Mr. President, I ask ligence Committee, for his thoughtful the United States involved in intelligence or amendments. intelligence-related activities. unanimous consent that reading of the amendments be dispensed with. I have a great deal of admiration and (2) The term ‘‘appropriate congressional respect for the Senator’s knowledge in committees’’ means— The PRESIDING OFFICER. Without (A) the Permanent Select Committee on objection, it is so ordered. this area. I was very pleased that he Intelligence and the Committee on Appro- The amendments en bloc are as fol- participated in some of the commit- priations of the House of Representatives; lows: tee’s hearings, particularly the one and where we had the former DCIs come in AMENDMENT NO. 3740 (B) the Select Committee on Intelligence and give us their views. Both and he (Purpose: To include among the primary and the Committee on Appropriations of the Senator ROCKEFELLER took the time Senate. missions of the National Intelligence Di- rector the elimination of barriers to the out of their August recess to come to (3) The term ‘‘specifically authorized by that hearing and fully participated in the Congress’’ means that— coordination of intelligence activities) (A) the activity and the amount of funds On page 9 line 13, insert ‘‘and intelligence’’ it. They have been providing us with proposed to be used for that activity were after ‘‘counterterrorism’’. their insight and guidance, which I identified in a formal budget request to the AMENDMENT NO. 3741 very much appreciate. The Senator from Kansas has offered Congress, but funds shall be deemed to be (Purpose: To permit the National Intel- specifically authorized for that activity only ligence Director to modify National Intel- a series of thoughtful amendments that to the extent that the Congress both author- ligence Program budgets before their ap- are designed to clarify provisions in ized the funds to be appropriated for that ac- proval and submittal to the President) the bill with regard to information tivity and appropriated the funds for that ac- On page 23, line 1, strike ‘‘may require sharing, the primary mission of the Na- tivity; or tional Intelligence Authority, the au- (B) although the funds were not formally modifications’’ and insert ‘‘may modify, or requested, the Congress both specifically au- may require modifications,’’. thorities of the NID, and several other thorized the appropriation of the funds for AMENDMENT NO. 3744 matters. We agree largely with the the activity and appropriated the funds for (Purpose: To clarify the limitation on the goals of these amendments, and we are the activity. transfer of funds and personnel and to pre- trying to work out agreement on spe- On page 33, line 3, strike ‘‘114.’’ and insert serve and enhance congressional oversight cific language. ‘‘115.’’. of intelligence activities) One of the problems we face, since we On page 35, line 1, strike ‘‘115.’’ and insert On page 28, line 17, strike ‘‘or’’ and insert ‘‘116.’’. have adopted a lot of different amend- On page 38, line 21, strike ‘‘116.’’ and insert ‘‘and’’. ments, including one cosponsored by ‘‘117.’’. On page 112, beginning on line 12, strike the Senator last night having to do On page 40, line 10, strike ‘‘117.’’ and insert ‘‘Committee on Governmental Affairs of the with an office of alternative analysis, Senate and the Committee on Government ‘‘118.’’. is we need to make sure we are not du- On page 43, line 1, strike ‘‘118.’’ and insert Reform of the House of Representatives’’ and ‘‘119.’’. insert ‘‘Select Committee on Intelligence plicating changes that have been made On page 200, between line 18 and 19, insert and the Committee on Governmental Affairs by other amendments. It is a bit of a the following: of the Senate and the Permanent Select moving target here. S10222 CONGRESSIONAL RECORD — SENATE October 1, 2004 Another problem is, of course, we are governmental reorganization. The In- ligence reform relative to the civil lib- trying to maintain that delicate bal- telligence Committee clearly has the erties provision in the underlying bill. ance struck by our bill. Any amend- experience and expertise in matters of Section 211 of the underlying bill estab- ment that further strengthens the intelligence. Senator ROBERTS and Sen- lishes a civil liberties board and gives NID’s authorities is a particular con- ator ROCKEFELLER have contributed to that board certain powers and authori- cern to one group; any amendment the product we have turned out. But it ties. that weakens the NID’s authorities is a is critically important to the success of Let me be clear: There is no stronger particular concern to another. I know what we have started here that our advocate for civil liberties in the Sen- the Senator is very aware of the com- committee be working together with ate than myself. As a lawyer and a leg- peting pressures in this regard. Senator ROBERTS and his committee. islator, my entire professional life has In short, I want to assure the Senator I appreciate the effort and thought- been intertwined with the preservation and thank him for his contributions. fulness that went into the many of the liberties we all enjoy as Ameri- We will try to work out these amend- amendments that the Senator from cans and which are enshrined in our ments consistent with the approach we Kansas is offering. Our staffs are look- Constitution and our Bill of Rights. have taken in the underlying bill. I ing them over. As Senator COLLINS The issue we debate today is not very much appreciate the Senator’s co- said, I hope we can accept a number of whether we support our civil liberties; operation and good work and his lead- them. They share the goals that we we all support them as contained in the ership in this area. have together, and they will strength- Constitution and the Bill of Rights. Mr. ROBERTS. Mr. President, will en the bill. Then I look forward to Sen- The question is, how best to balance the distinguished chairman yield? ator ROBERTS being on the conference this issue with other rights that form Ms. COLLINS. I would be happy to committee and helping us to come up the cornerstone of our Constitution: yield. with a good result when we meet our namely, that among our inalienable Mr. ROBERTS. I say to the Senator, friends from the House. rights from our Creator are life, lib- I would like to thank you for your very Most of all, I thank him, my friend. erty, and the pursuit of happiness. kind remarks. As the chairman knows, Together we are going to get some- When Islamic terrorists threaten our we have 22 professional staffers who thing good done, not just for the intel- life and our liberties, we must act to were former analysts throughout the ligence community but for the reason protect ourselves. That is why we are intelligence community. We would like for which our intelligence agencies here today debating the reformation of to think we have expertise on this exist, and that is for our national secu- our intelligence community. We know issue. As the chairman knows and the rity. our enemies want to kill us, and we un- distinguished ranking member knows, I thank the Chair and yield the floor. derstand that good intelligence will we did produce a 511-page inquiry on The PRESIDING OFFICER. Who protect us. In our country, we may dif- WMD in regard to the inquiry on the seeks recognition? fer on how to do this, but there is no prewar intelligence. I think it is the Mr. LIEBERMAN. I suggest the ab- disagreement on why we need to do it. most thorough look at the intelligence sence of a quorum. Our challenge is to increase our intel- community that has been conducted in The PRESIDING OFFICER. The ligence capabilities without undue in- the last 20 years. I am very proud of clerk will call the roll. fringement on our individual liberties. our staff. I think we have an out- The legislative clerk proceeded to Today our struggle is against an standing staff. call the roll. enemy unique in our history. The I would just like to say this: This is Mr. CHAMBLISS. Mr. President, I enemy is not a nation state. Rather, it not going to be the best possible bill. ask unanimous consent that the order is a warped philosophy that distorts This is going to be the best bill possible for the quorum call be rescinded. any rational notion of what a Supreme to achieve that delicate balance that The PRESIDING OFFICER. Without Being expects of mankind. There are no the distinguished chairman has talked objection, it is so ordered. rules of warfare for our enemy. They about. And that is not being untoward. AMENDMENT NO. 3801 feel free and unencumbered to fly civil- That is not bad. This is a very com- Mr. CHAMBLISS. Mr. President, I ian airplanes loaded with innocent pas- prehensive bill. This touches our entire call for regular order with respect to sengers into buildings, killing thou- intelligence community. So we are amendment No. 3801. sands of ordinary, hard-working, good bound to have to take a good look at The PRESIDING OFFICER. The citizens of our country. They relish in this, and we are also going to be bound amendment is pending. cutting off the heads of people who in terms of our responsibilities in Mr. CHAMBLISS. Mr. President, I have done no harm to them whatso- terms of oversight. rise today, along with my colleague ever, recording it on video and broad- I would imagine that with any bill Senator KYL, in support of amendment casting their horrific, inhumane ac- you have what is called technical cor- No. 3801 which I will describe in a tions to the world. rections. In this particular bill, we are minute. One only has to look at one of those going to have to take a hard look at Before I get to that, let me thank the tapes or listen to the voices of helpless not only technical corrections but chairman and ranking member of the victims pleading for their lives to monitor this bill as it evolves. But the Governmental Affairs Committee for grasp how evil and dangerous these Is- important thing is that both Senators the great work they have done on this lamic terrorists are and why this Na- have been the primary movers of this bill. There has been no more delicate tion must succeed in our fight against bill in moving it forward in a com- situation this body has had to deal them. prehensive way. I credit them for their with in many years, certainly in the 10 To win against such an enemy, we work. I can speak for all members of years I have been privileged to be a need to keep our focus. We need clear, the Intelligence Committee: We are part of the Congress. Certainly there is unambiguous, and non-duplicative or- here, and we are here to help. no more important issue before us ders and laws pertaining to our war on I thank the Senator for her kind today because this issue involves the terrorism and the protection of our comments. safety and security of every American, civil liberties. The PRESIDING OFFICER (Mr. not just this generation but future gen- S. 2845 is a bill to strengthen our in- BURNS). The Senator from Connecticut. erations to come. No two people have telligence capabilities. It is meant to Mr. LIEBERMAN. Mr. President, I the concern of the American people put more teeth into our ability to cannot thank the Senator from Kansas more at heart than do Chairman COL- track, find, and arrest or kill those enough, chairman of the Intelligence LINS and Ranking Member LIEBERMAN, who wish to murder our people and de- Committee, for what he has said. It both of whom I have tremendous re- stroy our way of life. It is not a bill re- means everything to me and, I know, spect for. I appreciate their leadership garding our civil liberties. to Senator COLLINS. We were asked to on this issue. As a member of the Senate Judiciary take on this assignment in the Govern- Today I rise along with Senator KYL Committee on the Constitution, Civil mental Affairs Committee because we in support of amendment No. 3801 to S. Rights, and Property Rights, which has are the committee of jurisdiction over 2845. This amendment focuses on intel- oversight responsibility in this area, I October 1, 2004 CONGRESSIONAL RECORD — SENATE S10223 am keenly aware of the safeguards that to be raised, or any issues to be raised by the Senate, and they are not to be a are already in place to protect our civil with the board, but an affirmative obli- political board. Everybody in this body liberties from overreaching by the Gov- gation to go out and review the policies knows what that means. This is going ernment. Within the Department of and procedures of the civil organiza- to be a political board. In fact, the leg- Justice, there is an entire division de- tions underneath the executive depart- islation itself says that members of the voted to protecting our civil rights. ment. So what is going to happen, board shall be selected solely on the This division is responsible for coordi- without question, is there will be prob- basis of their professional qualifica- nating the civil rights enforcement ef- lems in the intelligence community. tions, achievements, public stature, ex- forts of Federal agencies and assists in We know and understand that. The No. pertise in civil liberties and privacy, identifying and removing provisions, 1 deficiency in the intelligence commu- relevant experience, and without re- policies, and programs that violate our nity is highlighted by every single gard to political affiliation. But in no individual rights and liberties. board; every single committee within event shall more than three members Last month, by Executive Order this body, or outside committee, that of the board be members of the same 13353, President Bush created the Presi- has looked at this issue has agreed that political party. So what we are doing dent’s Board on Safeguarding Ameri- the lack of human intelligence is what here, in effect, is creating a political cans’ Civil Liberties. This board is spe- the main deficiency has been and con- board. It makes no difference to me cifically designed to further strengthen tinues to be today. which administration is in office. I the protection of the rights of Ameri- The only way we are going to cure think it is bad policy to have our CIA cans in the effective performance of na- that problem is to encourage our spies agents, DIA agents, and every other in- tional security and homeland security in the field—and that is exactly what telligence officer in the field that oper- functions. they are—and these spies are abso- ates for the sole purpose of gathering As the President said when he estab- lutely necessary to provide the kind of intelligence to save and protect Ameri- lished the board and I quote, ‘‘The intelligence our military and civilian cans from being killed or harmed, hav- United States Government has a sol- authorities need to ensure our national ing this board look over their shoulder emn obligation, and shall continue security. and have the ability not just to inves- fully, to protect the legal rights of all This board is going to have the au- tigate the case they are operating on, Americans, including freedoms, civil thority to aggressively go out and re- but to look at any information they liberties, and information privacy view any situation relative to a case have shared with anybody else, or any guaranteed by Federal law, in the ef- that is ongoing by any officer of the information that they have received fective performance of national secu- CIA, wherever in the world that officer from anybody can also be reviewed and rity and homeland security functions.’’ may be operating. This board is going traced back. I think it is bad policy to Our amendment to S. 2845 clearly to have the ability to take statements create a board and give them that kind highlights the importance we all place from individuals who are Government of power and authority and expect on civil liberties, but it leaves the employees, or people outside the Gov- them to operate in any way other than power to enforce our laws on this issue ernment, who have information rel- a political manner. where it belongs—with the appropriate ative to any case they want to look at. Rather than set up another entity Federal agencies that are already This bill goes even further. It says with broad powers, including subpoena equipped and designed for that func- this board has authority by subpoena power, to look over the activities of tion. issued by just a majority of the mem- our intelligence personnel who are Whenever U.S. officials or U.S. mili- bers of this board, to require individ- fully engaged in important and dan- tary personnel violate any of our laws, uals or agencies to produce documents, gerous activities to protect all of us, I they need to be fully prosecuted. Of including classified documents, that would rather give our support and con- course, we have good systems already may be reviewed on any particular fidence to those in the Department of in place to make sure that happens. case. Justice who are working on our behalf For example, as bad as the abuse of What is that going to do to every sin- every day to protect our civil liberties. some Iraqi prisoners was, our military gle CIA agent who operates in the field, I want to allow the newly formed justice system is handling those sol- or to every DIA agent who operates in President’s Board on Safeguarding diers accused in exactly the right way. the field and who shares information Americans’ Civil Liberties to begin Let me tell you a little bit about with the CIA? I think, without ques- their work. Let us not establish com- what this board is designed to do and tion, what we are doing by the enact- peting and duplicative bureaucracies. the powers and authorities of this ment of these particular sections is to Our amendment will strike from sec- board. I am reading from page 155 of create a morale problem at the Central tion 211 those provisions expanding the the underlying bill: Intelligence Agency and our other in- powers given to this board to the point The Board shall continually review the in- telligence agencies throughout our in- of not allowing them to subpoena infor- formation sharing practices of the depart- telligence community that we will mation, including classified informa- ment’s agencies, and elements of the execu- never repair. tion, from agents around the world and tive branch to determine whether they ap- We are on the back side today, thank other folks involved in the intelligence propriately protect privacy and civil lib- goodness, of having repealed the erties . . . community. We need to rapidly im- Deutch guidelines that were imple- prove our intelligence capabilities, and And so on. mented in 1995. Those guidelines pro- Now, further, on page 158, in order to that should be the focus of S. 2845. The hibited the expenditure of tax money accomplish the provisions set forth in protection of our civil liberties is al- being paid to individuals providing us the section I just read, this board has ready the focus of the President and intelligence if they had a criminal access to information as follows, and I the Department of Justice, and they record or any kind of disparaging am quoting from page 158, line 21: have the resources to do just that. record in their past. Well, what that With that, I yield to my friend from If determined by the Board to be necessary meant was that we could only hire to carry out its responsibilities under this Arizona. section, the Board is authorized to . . . Sunday school teachers to go out and The PRESIDING OFFICER. The Sen- spy on bad guys around the world. ator from Arizona. Now I read on page 159, line 12: Thank goodness this body took affirm- Mr. KYL. Mr. President, I think the . . . require, by subpoena issued at the direc- ative action in the last couple of years Senator from Georgia has covered this tion of a majority of the members of the Board, persons (other than departments, to repeal those guidelines. But it was area very well. I spoke to it yesterday. agencies, and elements of the executive only after the events of September 11 I know Senator STEVENS is here to lay branch) to produce any relevant information, that we were able to accomplish that. down some amendments. I will take a documents, reports, answers, records, ac- In addition to the morale problem few minutes to add one primary counts, papers, and other documentary or that will be created, which I don’t thought to what the Senator from testimonial evidence. think we will ever overcome, one might Georgia has said, and then quickly lay Now, this board has an obligation not say this is a board that is going to be down three amendments, and then I to sit back and wait for any complaints appointed by the President, confirmed will be done. S10224 CONGRESSIONAL RECORD — SENATE October 1, 2004 Let me make this one key point able to collect more intelligence and tunity to present these arguments in about what the Senator from Georgia analyze that intelligence better and short form with all of the Members in is talking about. The 9/11 Commission have people who are not involved in attendance. did not recommend the board or the group-think, who are actually willing Mr. President, I indicated to the many different assistant directorships to think outside the box and not be in- chairman of the committee what I in- and other provisions, from an ombuds- timidated by risks aversion, instead of tend to do next. Therefore, since our man to IGs and the like, that are in- that, we are going to get more of that procedure is to lay down one amend- cluded in the legislation that is before because of all the layers of bureaucracy ment at a time, I ask unanimous con- us today. I am going to tell you what that is going to be looking over peo- sent to lay down three amendments, the 9/11 Commission did recommend. ple’s shoulders. and I will explain what they are. What it recommended is what the What the bill does is require two offi- The PRESIDING OFFICER. Without President has done. What the com- cers within the national intelligence objection, it is so ordered. mittee did went far beyond that. authority, two out of six, one respon- AMENDMENT NO. 3926 Our amendment does not eliminate sible for privacy, the other for civil Mr. KYL. Mr. President, the first is all of that, but at least it cuts it back rights and civil liberties. In addition, amendment No. 3926, which is at the to some extent. That is what I want to there is an inspector general within the desk, and I ask that amendment be explain. Senator DURBIN discussed this national intelligence authority who, read. privacy amendment at length yester- among other things, is to monitor and The PRESIDING OFFICER. The day. His primary point was that the 9/ inform the director of violations of clerk will report. 11 Commission recommended this, and civil liberties and privacy. The legislative clerk read as follows: therefore the committee did it, and There is an ombudsman, which I mentioned a moment ago. There is an The Senator from Arizona [Mr. KYL] pro- therefore we ought to not amend it poses an amendment numbered 3926. out. In fact, one of the things he said independent privacy and civil liberties was the 9/11 Commission recommended oversight board with extensive inves- Mr. KYL. Mr. President, I ask unani- this board, and following their rec- tigative authorities, which the Senator mous consent that the reading of the ommendation, the legislation included from Georgia talked about, and privacy amendment be dispensed with. it. and civil liberties officers within a long The PRESIDING OFFICER. Without What exactly did the 9/11 Commission list of executive branch departments objection, it is so ordered. recommend? There were three specific and agencies. The amendment is as follows: recommendations. They take one and a So what does the amendment we (Purpose: To amend the Immigration and half pages out of the entire report. I have offered do? It deletes sections 126 Nationality Act to ensure that non- will paraphrase the first two because and 127 which require officers for pri- immigrant visas are not issued to individ- vacy and civil liberties within the na- uals with connections to terrorism or who they are not directly on point: intend to carry out terrorist activities in As the President determines the guidelines tional intelligence authority because the United States) for information sharing among government those already exist; it would strike sec- At the end, add the following new title: agencies and by those agencies with the pri- tion 212 requiring privacy and civil lib- vate sector, he should safeguard the privacy erties officers within a long list of ex- TITLE IV—VISA REQUIREMENTS of individuals about whom information is ecutive branch departments and agen- SEC. 401. FINDINGS. shared. cies; and it would modify the privacy Congress makes the following findings: Fine. and civil liberties oversight board de- (1) Section 214 of the Immigration and Na- Two: tionality Act (8 U.S.C. 1184) governs the ad- scribed in section 211. It does not elimi- mission of nonimmigrants to the United The burden of proof for retaining a par- nate it, so it would be duplicative of ticular governmental power should be on the States and sets forth the process for that ad- executive, to explain (a) that the power actu- the board the President created. mission. ally materially enhances security and (b) There will be an executive branch (2) Section 214(b) of the Immigration and that there is adequate supervision of the ex- board and an outside board, but this Nationality Act places the burden of proof ecutive’s use of the powers. . . . board would not have the authority to on a visa applicant to establish ‘‘to the satis- faction of the consular officer, at the time of And three, and this is the key: subpoena private individuals or docu- ments and reports, accounts, and other the application for a visa...that he is enti- At this time of increased and consolidated tled to a nonimmigrant status’’. government authority, there should be a evidence of private individuals, nor (3) The report of the National Commission board within the executive branch to oversee would it have the power to compel on Terrorist Attacks Upon the United States adherence to the guidelines we recommend through subpoena, for example, a de- included a recommendation that the United and the commitment the government makes partment or agency to present docu- States ‘‘combine terrorist travel intel- to defend our civil liberties. ments. ligence, operations, and law enforcement in That is it. As the Senator from Geor- I am not even sure, by the way, this a strategy to intercept terrorists...and con- gia said, that is exactly what the Presi- board would have the authority to do strain terrorist mobility’’. dent did in his Executive Order 13353. that under the Constitution. I am not (4) Fifteen of the 19 individuals who par- The Senator from Georgia described sure that authority could be granted. ticipated in the aircraft hijackings on Sep- tember 11, 2001, were nationals of Saudi Ara- what that Executive order does. I have In any event, that would be a very per- bia who legally entered the United States a full copy of all the entities involved nicious power granted to it when that after securing nonimmigrant visas despite in it, the instructions to that board to power already exists in the ombuds- the fact that they did not adequately meet bring any credible information of pos- man, in the inspector general, and the the burden of proof required by section 214(b) sible violations of law to appropriate other privacy officers that exist. It is of the Immigration and Nationality Act. end, to undertake other efforts to pro- duplicative and unnecessary. (5) Prior to September 11, 2001, the Depart- tect the legal rights of all Americans, The net result of all these different ment of State allowed consular officers to including freedoms, civil liberties, and entities that have the same responsi- approve nonimmigrant visa applications that were incomplete, and without con- information privacy guaranteed by bility is to basically tell intelligence ducting face-to-face interviews of many ap- Federal law, and so on. agencies: If you want to get to the end plicants. In other words, what the 9/11 Com- of your career and have a pension at (6) Each of the 15 individuals from Saudi mission recommended the President the end of it, you better watch over Arabia who participated in the aircraft hi- did. What is in this bill goes far beyond your shoulder because there are a jackings on September 11, 2001, filed a visa that. What I said yesterday with re- whole lot of other people doing that. application that contained inaccuracies and spect to risk aversion makes it clear That is not the way to enhance our se- omissions that should have prevented such that what the committee did not only curity. individual from obtaining a visa. goes far beyond what the 9/11 Commis- Those are the additional points I (7) Only one of the hijackers listed an ac- tual address on his visa application. The sion recommended but will virtually wanted to make in addition to those I other hijackers simply wrote answers such guarantee that the risk aversion, made yesterday with respect to this as ‘‘California’’, ‘‘New York’’, or ‘‘Hotel’’ which is a problem today, is exacer- amendment. I hope before we vote on when asked to provide a destination inside bated tenfold so that instead of being this amendment we will have an oppor- the United States on the visa application. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10225 (8) Only 3 of the individuals from Saudi ‘‘(C) is listed in the Consular Lookout and Mr. KYL. Mr. President, I ask unani- Arabia who participated in the aircraft hi- Support System (or successor system at the mous consent that the reading of the jackings on September 11, 2001, provided any Department of State); amendment be dispensed with. information in the section of the visa appli- ‘‘(D) may not obtain a visa until a security The PRESIDING OFFICER. Without cation that requests the name and address of advisory opinion or other Department of an employer or school in the United States. State clearance is issued unless such alien objection, it is so ordered. (9) The 2002 General Accounting Office re- is— (The amendment is printed in the port entitled ‘‘Border Security: Visa Process ‘‘(i) within that class of nonimmigrants RECORD of Thursday, September 30, Should Be Strengthened as Antiterrorism enumerated in section 101(a)(15)(A) or 2004, under ‘‘Text of Amendments.’’) Tool’’ outlined the written guidelines and 101(a)(15)(G); and Mr. KYL. Mr. President, I recall in practices of the Department of State related ‘‘(ii) not a national of a country that is of- the Senate a vote of I think it was 97 to to visa issuance and stated that the Depart- ficially designated by the Secretary of State 1 or 90-something to 1, in any event, ment of State allowed for widespread discre- as a state sponsor of terrorism; or earlier this year that passed a proposed tion among consular officers in adhering to ‘‘(E) is identified as a member of a group or statute to guarantee crime victims cer- the burden of proof requirements under sec- sector that the Secretary of State deter- tion 214(b) of the Immigration and Nation- mines— tain rights. That bill is pending in the ality Act. ‘‘(i) poses a substantial risk of submitting House. (10) The General Accounting Office report inaccurate information in order to obtain a What this does is take those exact further stated that the ‘‘Consular Best Prac- visa; rights and make them applicable to tices Handbook’’ of the Department of State ‘‘(ii) has historically had visa applications victims of terrorist attacks, terrorist gave consular managers and staff the discre- denied at a rate that is higher than the aver- crimes. tion to ‘‘waive personal appearance and age rate of such denials; or Again, I invite comments. I do not interviews for certain nonimmigrant visa ap- ‘‘(iii) poses a security threat to the United think it will be difficult. We will work plicants’’. States.’’. (11) Only 2 of the 15 individuals from Saudi (b) CONDUCT DURING INTERVIEWS.—Section that out. Arabia who participated in the aircraft hi- 222 of the Immigration and Nationality Act AMENDMENT NO. 3724 jackings on September 11, 2001, were inter- (8 U.S.C. 1202), as amended by subsection (a), (Purpose: To strengthen anti-terrorism in- viewed by Department of State consular offi- is further amended by adding at the end the vestigative tools, promote information cers. following new subsection: sharing, punish terrorist offenses, and for (12) If the Department of State had re- ‘‘(i) A consular officer who is conducting other purposes) quired all consular officers to implement an in person interview with an alien apply- Mr. KYL. Mr. President, I am happy section 214(b) of the Immigration and Na- ing for a visa or other documentation shall— ‘‘(1) make every effort to conduct such to go to my third amendment. This is tionality Act, conduct face-to-face inter- amendment No. 3724. views, and require that visa applications be interview fairly; completely and accurately filled out, those ‘‘(2) employ high professional standards The PRESIDING OFFICER. The who participated in the aircraft hijackings during such interview; clerk will report. on September 11, 2001, may have been denied ‘‘(3) use best interviewing techniques to The legislative clerk read as follows: nonimmigrant visas and the tragedy of Sep- elicit pertinent information to assess the The Senator from Arizona [Mr. KYL], for tember 11, 2001, could have been prevented. alien’s qualifications, including techniques himself, Mr. CORNYN, Mr. CHAMBLISS, and Mr. to identify any potential security concerns NICKLES, proposes an amendment numbered SEC. 402. IN PERSON INTERVIEWS OF VISA APPLI- posed by the alien; 3724. CANTS. ‘‘(4) provide the alien with an adequate op- Mr. KYL. Mr. President, I ask unani- (a) REQUIREMENT FOR INTERVIEWS.—Section portunity to present evidence establishing 222 of the Immigration and Nationality Act the accuracy of the information in the mous consent that the reading of the (8 U.S.C. 1202) is amended by adding at the alien’s application; and amendment be dispensed with. end the following new subsection: ‘‘(5) make a careful record of the interview The PRESIDING OFFICER. Without to document the basis for the final action on objection, it is so ordered. ‘‘(h) Notwithstanding any other provision the alien’s application, if appropriate.’’. of this Act, the Secretary of State shall re- (The amendment is printed in the SEC. 403. VISA APPLICATION REQUIREMENTS. quire every alien applying for a non- RECORD of Tuesday, September 28, 2004 Section 222(c) of the Immigration and Na- under ‘‘Text of Amendments.’’) immigrant visa— tionality Act (8 U.S.C. 1202(c)) is amended by ‘‘(1) who is at least 12 years of age and not inserting ‘‘The alien shall provide complete Mr. KYL. Mr. President, I rise today more than 65 years of age to submit to an in and accurate information in response to any to discuss an important amendment person interview with a consular officer un- request for information contained in the ap- that I will offer to the 9/11 Commission less the requirement for such interview is plication.’’ after the second sentence. bill. My amendment is substantially waived— SEC. 404. EFFECTIVE DATE. the same as S. 2679, the Tools to Fight ‘‘(A) by a consular official and such alien is Notwithstanding section 341 or any other within that class of nonimmigrants enumer- Terrorism Act, a bill that I introduced provision of this Act, this title shall take ef- earlier this year with several other ated in section 101(a)(15)(A) or 101(a)(15)(G) fect 90 days after date of the enactment of or is granted a diplomatic visa on a diplo- this Act. members of the Judiciary Committee matic passport or on the equivalent thereof; and the Senate leadership. Mr. KYL. Mr. President, this amend- ‘‘(B) by a consular official and such alien is Since the terrorist attacks of Sep- ment would codify and tighten the pro- applying for a visa— tember 11, congressional committees ‘‘(i) not more than 12 months after the date cedures for personal interviews of peo- ple seeking temporary visas. Mr. Presi- and executive agencies have conducted on which the alien’s prior visa expired; exhaustive reviews of our Nation’s ‘‘(ii) for the classification under section dent, 15 of the 19 hijackers who came 101(a)(15) for which such prior visa was here received these kinds of visas. I antiterrorism safety net. We have had issued; think in every case but one they were scores of hearings in the House and ‘‘(iii) from the consular post located in the not interviewed as the State Depart- Senate judiciary committees, a Joint country in which the alien is a national; and ment guidelines call for, as the statute Intelligence Committee Inquiry, the ‘‘(iv) the consular officer has no indication assumes but does not make explicit. 9/11 Commission hearings and report, that the alien has not complied with the im- and the Justice Department has con- migration laws and regulations of the United This amendment will do that. If there are any issues or questions ducted extensive evaluations of its own States; or antiterrorism capabilities. These hear- ‘‘(C) by the Secretary of State if the Sec- about it, I would be happy to talk with retary determines that such waiver is— both the majority and minority. I am ings have uncovered numerous flaws ‘‘(i) in the national interest of the United hopeful we can work that out. and gaps in our antiterrorism system. States; or AMENDMENT NO. 3881 We have found, for example, that in ‘‘(ii) necessary as a result of unusual cir- (Purpose: To protect crime victims’ rights) many cases antiterror investigators cumstances; and Mr. KYL. Mr. President, the second still have less authority to access in- ‘‘(2) notwithstanding paragraph (1), to sub- formation than do investigators of mit to an in person interview with a con- amendment that I ask be read is at the desk. It is amendment No. 3881. other crimes that, while serious, pale sular officer if such alien— in comparison to the threat posed by ‘‘(A) is not a national of the country in The PRESIDING OFFICER. The which the alien is applying for a visa; clerk will report. international terrorism. We also have ‘‘(B) was previously refused a visa, unless The legislative clerk read as follows: seen that some of the federal code’s such refusal was overcome or a waiver of in- The Senator from Arizona [Mr. KYL] pro- criminal offenses and penalties are far eligibility has been obtained; poses an amendment numbered 3881. too light, or too narrow in their scope, S10226 CONGRESSIONAL RECORD — SENATE October 1, 2004 in light of the contemporary terrorist tice in terrorism investigations—Sec- July 19, 2004—the day that TFTA was threat. Yet, despite all of these hear- tion 417 of TFTA and section 2023 of introduced—the bills included in TFTA ings and reports—and all of the gaps in H.R. 10.; authorization to share grand- have been pending before Congress for our antiterror laws that have been jury information with state and local 12 years, 10 months, and 28 days. No identified—Congress has enacted no governments—Section 423(b) of TFTA one can contend that TFTA and its major antiterror legislation in almost and section 2191 of H.R. 10.; improve- provisions have been ‘‘rushed through’’ three years. ments to and expansion of the mate- the Congress. This amendment addresses many of rial-support statute—Section 424 of TFTA has the support of the problems that these hearings and TFTA and section 2043 of H.R. 10.; a antiterrorism experts across the ideo- reports have identified over the last new offense targeted at those who re- logical spectrum. The Justice Depart- few years. At the outset, I would like ceive military-type training in ter- ment, in its September 13 testimony on to emphasize 5 things about the amend- rorist camps—Section 425 of TFTA and TFTA before the Terrorism Sub- ment. 2042 of H.R. 10.; expansion of the weap- committee, expressed its strong sup- This amendment is not about the PA- ons-of-mass-destruction laws—Section port for the bill. Hearing witnesses TRIOT Act. This amendment does not 426 of TFTA and section 2052 of H.R. Barry Sabin—the Chief of the Criminal reauthorize or extend the PATRIOT 10.; and new laws targeted at those who Division’s Counterterrorism Section— Act. Nor does it involve any of the sup- aid rogue states’ nuclear prolifera- and Dan Bryant, the Assistant Attor- posedly ‘‘controversial’’ provisions of tion—Section 427 of TFTA and section ney General for the Office of Legal Pol- the PATRIOT Act. 2053 of H.R. 10. icy—made clear in their joint written Nothing in TFTA deals with Section In all these respects, my amendment testimony the Justice Department’s 215 subpoenas, which some critics have is substantially identical to the House view that the ‘‘Tools to Fight Ter- complained can be used to access a ter- bill. The amendment thus helps to rorism Act of 2004 makes well-consid- rorist’s records of book withdrawals bring the Senate bill into line with the ered, urgently needed changes to cur- and computer use at a library. House bill, lessening the need for a pro- rent law, and would greatly aid law en- Nothing in TFTA deals with delayed- tracted conference and avoiding delay forcement and intelligence officials in notice searches, which some critics de- in enacting this legislation. their common mission to prevent ter- ride as ‘‘sneak and peak’’ searches, TFTA directly implements a number rorist attacks and prosecute those who even though the PATRIOT Act only of the key recommendations and ad- would do us harm. The new tools pro- codified judicial standards that have dresses key concerns of the 9/11 Com- vided by the TFTA will prevent—ter- been in place for decades. mission. The Report of the September rorist—attacks and will make America Nothing in TFTA deals with roving 11 Commission recommends that Con- safer.’’ wiretaps, which some critics gress address a number of deficiencies At the Terrorism Subcommittee mischaracterize as allowing taps of the in our nation’s preparedness against a hearing on TFTA, support for the bill telephones of anyone who fits a general terrorist attack. The underlying bill also was voiced by George Washington description. This is not true. A roving that we are considering responds to University law professor Jonathan wiretap can only be used for a par- many of those recommendations. This Turley, a national-security expert who ticular person, though it applies to any amendment addresses others. often has been critical of the Justice phone that the person uses. The 9/11 Commission Report rec- Department’s conduct of the war on Nothing in TFTA deals with National ommends action to address, among terror. In addition to a large number of Security Letters, which allow certain other things, the threat posed by weap- academic works in the areas of na- records to be subpoenaed and includes ons of mass destruction and their pro- tional-security and constitutional law, an automatic nondisclosure require- liferation; the vulnerabilities of our Professor Turley has represented cli- ment. seaports and mass-transit systems; the ents in a variety of high-profile na- I happen to support the PATRIOT need for improved information sharing; tional security cases in both criminal and believe that it should not be al- the need to address terrorist finance; and civil courts, including espionage lowed to expire. Nevertheless, with this the threat posed by sanctuaries where cases in both federal and military amendment, I have deferred that de- terrorists operate training camps; and courts. In his testimony before my sub- bate. This amendment does not involve the need for improved information committee, Professor Turley noted the PATRIOT Act or the debates about sharing. The report also discusses the that he ‘‘also [has] been a vocal critic it. The only way that one can object to problems created by terrorist hoaxes, of some of the measures taken after this amendment as ‘‘controversial’’ is and the legal barriers encountered in September 11th on constitutional and if one is willing to define all antiterror the pre-September 11 investigation of policy grounds.’’ legislation as ‘‘controversial.’’ In a suspected hijacker Zacarias Moussaoui. This is what Professor Turley had to post-9/11 world, with continuing TFTA addresses every one of these say about the TFTA in his testimony: threats to the U.S. homeland—and 9/11 Commission recommendations. The Tools to Fight Terrorism Act of 2004 clear gaps in some of our antiterror TFTA’s provisions and the matters . . . contains many beneficial changes that laws—such a presumption against all that it address have been extensively will increase the ability of the government antiterror legislation would be deeply reviewed in congressional hearings. to pursue terrorists while preserving nec- essary guarantees for civil liberties. irresponsible. Fixing obvious flaws in Every provision of TFTA previously our laws, and giving antiterror inves- has either been introduced as a bill in * * * * * tigators the tools that they need, While we must be cautious not to legislate the House or Senate or addresses a out of a reflective impulse, September 11th should not be controversial. matter that has been the subject of a exposed a number of vulnerabilities and gaps Much of TFTA is also in the House of committee hearing. Collectively, the in our legal and intelligence systems that re- Representatives’ 9/11 Commission bill. provisions of TFTA have been the sub- main only partially addressed. This Act con- Approximately half of the provisions of ject of 9 separate hearings before House tinues to work to close those gaps and to ac- TFTA already have been included by and Senate committees and have been commodate the interests of the Executive the House of Representatives in their the subject of 4 separate committee re- Branch in pursuing, prosecuting, and (hope- bill implementing the recommenda- ports. In addition, the entire bill was fully) deterring terrorists. tions of the 9/11 Commission. For ex- reviewed at a September 13 hearing be- * * * * * ample, the House bill already contains fore the Senate Subcommittee on Ter- The vast majority of the[] provisions [of the ‘‘Moussaoui fix,’’ which allows rorism. At that hearing, law professor TFTA] are matters that, in my view, should receive general support as balanced and nec- FISA warrants for lone-wolf terror- Jonathan Turley testified that every essary measures. ists—Section 412 of TFTA and section one of TFTA’s provisions would be 2001 of H.R. 10.; new offenses for hoaxes * * * * * upheld as constitutional by the U.S. TFTA should be a matter for general con- relating to terrorist crimes or the Supreme Court. sensus rather than division among civil lib- deaths of U.S. soldiers—Section 416 of TFTA primarily consists of all or ertarians and advocates of national security TFTA and section 2021 of H.R. 10.; in- part of 11 bills currently pending in the interests. . . . [W]e need to recognize the im- creased penalties for obstruction of jus- House and Senate. Collectively, as of provements in this Act and the good-faith October 1, 2004 CONGRESSIONAL RECORD — SENATE S10227 changes that have been made by members 9/11 Commission Report notes, the FBI and [the] nuclear smuggling networks seeking a fair balance in the legislation. field office was unable to obtain a FISA of Pakistani nuclear scientist A.Q. In one part of his testimony before warrant for Moussaoui because it Khan.’’ The Report recommends that my subcommittee, Professor Turley lacked information linking him to a the U.S. work with other nations ‘‘to also recommended a change to a part of known terror group. As the Report develop laws and an international legal the bill—in order to better protect civil states: regime with universal jurisdiction to liberties. He recommended that, if the Minneapolis agents ‘‘sought a special war- enable the capture, interdiction, and FBI is given subpoena authority for rant under the Foreign Intelligence Surveil- prosecution of such smugglers by any terrorism investigations, it also be re- lance Act to [search Moussaoui]. To do so, state in the world.’’ quired to report on the use of that au- however, the FBI needed to demonstrate Sections 426 and 427 and subtitle B of thority. The amendment that I offer probable cause that Moussaoui was an agent my amendment all are directed at pre- of a foreign power, a demonstration that [is] venting terrorists from gaining access today incorporates this recommenda- . . . a statutory requirement for a FISA war- tion—it would require the FBI to re- rant. The agent did not have sufficient infor- to weapons of mass destruction. Sec- port to Congress on the number of sub- mation to connect Moussaoui to a foreign tion 427 makes it a crime to participate poenas that it issues pursuant to this power. in or provide material support to a nu- new authority, and the circumstances Current law simply does not allow clear-weapons program, or other weap- under which those subpoenas are searches of apparent lone-wolf terror- ons-of-mass-destruction program, of a issued. ists such as Zacarias Moussaoui—even designated terrorist organization or I will next discuss the provisions of if the FBI can show probable cause to state sponsor of terrorism. There would this amendment—and how they help to believe that the person is involved in be extraterritorial jurisdiction for an address the recommendations and con- international terrorism. offense under this provision. Section cerns raised by the 9/11 Commission, My amendment would correct this 426 would amend the federal weapons- and what others have said about these problem. Section 412 gives the FBI of-mass-destruction statute to cover provisions. clear authority to conduct a search or attacks on property and would broaden The Moussaoui fix: The case of sus- surveillance under FISA when it has the bases for federal jurisdiction under pected 9/11 conspirator Zacarias probable cause to believe that the tar- that statute. Subtitle B is designed to Moussaoui is discussed extensively in get is engaged in or preparing for inter- deter the unlawful possession and use the 9/11 Commission Report. national terrorism. This new authority of atomic weapons, radiological dis- Moussaoui, you will recall, is the Al would not require FBI to also link the persal devices, shoulder-fired rockets, Qaeda operative who was arrested by suspect to a particular terrorist group. and the variola virus (the causative Minneapolis FBI agents several weeks It is inevitable that Islamist terror- agent of smallpox). before the September 11 attacks. That ists will try again to attack the United In his testimony about these provi- summer, instructors at a Minnesota States. As agonizing as it is today to sions before the Terrorism Sub- flight school became suspicious when review why we did not prevent the Sep- committee, Professor Jonathan Turley Moussaoui, with little apparent knowl- tember 11 attacks, imagine if it hap- had this to say: edge of flying, asked to be taught to pened again. Imagine if another attack [Section 426, the WMD-statute provision] pilot a 747. The instructors contacted occurred—and another review commis- would close current loopholes in the interest the Minneapolis office of the FBI, sion found that critical FBI investiga- of national security and does not materially affect civil liberty interests. which immediately suspected that tions again were undermined by the [Section 427] would criminalize the partici- Moussaoui might be a terrorist. lack of FISA authority to monitor and pation in programs involving special nuclear The hearings conducted by the 9/11 search lone-wolf terrorists. We simply material, atomic weapons, or weapons of Commission raised some agonizing cannot let that happen. We must en- mass destruction outside of the United questions about the FBI’s pursuit of sure that today’s FBI agents are not States. This new crime with extraterritorial Moussaoui. Commissioner Richard Ben- hampered by the same unnecessary jurisdiction is an obvious response to recent Veniste noted the possibility that the barriers that hurt the efforts of the threats identified by this country and other Moussaoui investigation could have al- allies like Pakistan. The obvious value of Minneapolis agents in August of 2001. such a law would be hard to overstate. . . . It lowed the United States to ‘‘possibly Process: A bill that is substantially is important for the purposes of our disrupt the [9/11] plot.’’ Commissioner identical to section 412 first was intro- extraterritorial enforcement efforts to have Bob Kerrey even suggested that with duced in the Senate by Senator SCHU- a specific crime on the books to address this better use of the information gleaned MER and me on June 5, 2002. We reintro- form of misconduct. from Moussaoui, the ‘‘conspiracy would duced the same provision in the 108th [With regard to subtitle B—the new shoul- have been rolled up.’’ And Commis- Congress. That bill—S. 113—was unani- der-fired rockets proscription], [g]iven the sioner Jamie Gorelick followed up by mously reported by the Judiciary Com- enormous threats to our country from such weapons, these increased penalties are mani- asking whether more could have been mittee in March 2003, and was approved festly reasonable. . . . While it is certainly done to allow FBI agents to ‘‘break by the full Senate by a vote of 90–4 in possible that a defendant could be in posses- through the barriers’’ to their inves- May 2003. A substantially identical pro- sion of a MANPADS as part of arms traf- tigation of Moussaoui. vision also has been included in a ficking or some other motive than terrorism, After the September 11 attacks, when House bill introduced by Chairmen this is clearly one of the most likely forms of FBI agents finally were allowed to SENSENBRENNER and Goss—and is in- terrorist conduct. search Moussaoui, they discovered in- cluded in the House 9/11 Commission Process: Sections 426 and 427 of my formation in his belongings that linked bill as section 2001. The Moussaoui fix amendment are identical to sections him to two of the actual 9/11 hijackers, also has been the subject of two hear- 2052 and 2053 of the House 9/11 Commis- and to a high-level organizer of the at- ings—one in the Senate Intelligence sion bill. These—and the new penalties tacks who later was arrested in Paki- Committee on July 31, 2002, and one in for possession of shoulder-fired rockets stan. the House Crime Subcommittee on and other dangerous weapons—also are The 9/11 Commissioners are right to May 18, 2004. identical to legislation that Senator ask whether more could have been done Section 412 is substantially identical CORNYN introduced earlier this year. to pursue this case. The problem is to section 2001 of the House of Rep- Mass-Transportation and Seaport Se- that, given the state of the law at the resentatives’ 9/11 Commission bill. curity: The 9/11 Commission Report time, the answer to that question is Weapons of Mass Destruction and recommends that the U.S. government probably no. In fact, given the state of Shoulder-Fired Antiaircraft Rockets: ‘‘identify and evaluate the transpor- the law today, the answer to the ques- The 9/11 Commission Report notes that tation assets that need to be protected, tion still would be no. ‘‘al Qaeda has tried to acquire or make set risk-based priorities for defending FBI agents were blocked from search- weapons of mass destruction for at them, select the most practical and ing Moussaoui because an outdated re- least ten years. . . . Preventing the cost-effective ways of doing so, and quirement of the 1978 FISA statute. proliferation of these weapons war- then develop a plan . . . to implement FISA sets rules for searches conducted rants a maximum effort.’’ The Report the effort.’’ While noting the con- for intelligence investigations. As the also discusses ‘‘Pakistan’s illicit trade tinuing threat to aviation, the Report S10228 CONGRESSIONAL RECORD — SENATE October 1, 2004 also emphasizes that ‘‘[o]pportunities obtained under existing authorities. and Senate Intelligence Committees to do harm are as great, or greater, in Section 422 creates a uniform standard describes what happened next: maritime or surface transportation’’— under which the FBI would disseminate Even in late August 2001, when the CIA and that ‘‘railroads and mass transit’’ intelligence information to other fed- told the FBI, State, INS, and Customs that are particularly difficult to protect eral agencies. Under current law, sev- Khalid al-Mihdhar, Nawaf al-Hazmi, and two against terrorism. eral different statutes govern the cir- other ‘‘Bin Laden-related individuals’’ were Subtitles C and D of my amendment cumstances under which the FBI may in the United States, FBI Headquarters re- fused to accede to the New York field office address the unique challenges of pro- disseminate intelligence information recommendation that a criminal investiga- viding security on mass-transportation to other federal agencies. Some of tion be opened, which might allow greater systems and at seaports by updating these statutes anomalously place re- resources to be dedicated to the search for current criminal offenses and creating strictions on information sharing with the future hijackers. . . . FBI attorneys took new offenses that are tailored to these other federal agencies that are greater the position that criminal investigators venues. than the restrictions applied to non- ‘‘CAN NOT’’ (emphasis original) be involved Here is what Professor Turley had to federal agencies. This section allows and that criminal information discovered in say about the seaport-security provi- dissemination of intelligence informa- the intelligence case would be ‘‘passed over sion during the hearing on TFTA: the wall’’ according to proper procedures. An tion under uniform guidelines devel- agent in the FBI’s New York field office re- [Subtitle D] addresses a weakness in our oped by the Attorney General. sponded by e-mail, saying: ‘‘Whatever has domestic security system that has been re- Section 423 amends current law to happened to this, someday someone will die peatedly criticized as perhaps the country’s make clear that national-security-re- and, wall or not, the public will not under- single greatest threat: seaport security. lated information may be shared with stand why we were not more effective in While much remains to be done in terms of relevant Federal, State, and local offi- throwing every resource we had at certain real security improvements at seaports, cials regardless of whether the inves- problems.’’ [subtitle D] represents one of the most sig- The 9/11 Commission staff report as- nificant legal reforms in this area. tigation that produced the information is characterized as a ‘‘criminal’’ inves- sesses the ultimate impact of these * * * * * tigation or a ‘‘national security’’ inves- legal barriers: While many of [the acts of violence pro- Many witnesses have suggested that even scribed by TFTA] can be currently pros- tigation. This section also would au- if Mihdhar had been found, there was noth- ecuted under other laws, [subtitle D] would thorize the sharing of grand-jury infor- ing the agents could have done except follow create a tailored series of offenses affecting mation with appropriate state and him onto the planes. We believe this is incor- seaports and seagoing vessels. For example, local authorities. rect. Both Hazmi and Mihdhar could have one important addition would be a crime for I do not think one can overstate the been held for immigration violations or as knowingly transporting dangerous material importance of information sharing—of material witnesses in the Cole bombing case. for a terrorist operation or a terrorist. This tearing down the walls that prevent Investigation or interrogation of these indi- new crime in Section [455] will serve to in- different parts of the government from viduals, and their travel and financial activi- crease the expected deterrent for trans- ties, also may have yielded evidence of con- porters. Currently, a transporter can be pros- exchanging intelligence and working nections to other participants in the 9/11 ecuted as a co-conspirator as well as charged together in the war on terror. plot. In any case, the opportunity did not with false statements in many cases. How- A graphic illustration of the impor- arise. ever, Section [455] would define a crime spe- tance of tearing down the legal walls cifically with this type of opportunistic con- between different terror investigators Congress must do what it can now to duct in mind. For a prosecutor, such a tai- is provided by another pre-September make sure that something like this lored law makes a case more compelling for 11 investigation. Like the Moussaoui does not happen again—that arbitrary, a jury. case, this investigation also came tan- seemingly minor bureaucratic barriers * * * * * talizing close to substantially dis- are not allowed to undermine our best These laws give the Executive Branch rupting or even stopping the 9/11 plot— leads toward uncovering an attack on more flexibility and options in dealing with and also ultimately was blocked by a the United States. Sections 422 and 423 misconduct at our seaports. It could not be flaw in our antiterror laws. The inves- of my amendment would do just that. more timely or more justified given recent Process: Subsection (b) of section 423 warnings from security experts. tigation that I am talking about in- volved Khalid Al Midhar, one of the is included in H.R. 10, the House of Process: Subtitles C and D are iden- suicide hijackers of American Airlines Representatives’ 9/11 Commission bill. tical to bills introduced this year by Flight 77, which was crashed into the Sections 422 and 423 both are identical Senators SESSIONS and BIDEN, respec- Pentagon, killing 58 passengers and to a bill that has been introduced by tively. The Sessions bill was the sub- crew and 125 people on the ground. Senator CHAMBLISS. ject of a hearing before the Senate Ju- An account of the investigation of Subpoena Authority: The bill that diciary Committee on April 8, 2004. The Midhar is provided in the 9/11 Commis- the Senate is now considering already Senate Subcommittee on Terrorism sion’s Staff Statement No. 10. That authorizes subpoena authority. Section held a hearing on the need to improve statement notes as follows: 141(f)(5) of the bill authorizes the Na- security at U.S. seaports on January 27 tional Intelligence Authority’s Inspec- of this year. During the summer of 2001 [an FBI official] . . . found [a] cable reporting that Khalid Al tor General to issue subpoenas for his Information Sharing: The 9/11 Com- Mihdhar had a visa to the United States. A investigations. It also authorizes the mission Report recommends that ‘‘in- week later she found the cable reporting that Inspector to go to federal court to en- formation procedures should provide Mihdhar’s visa application—what was later force his subpoenas if a recipient re- incentives for sharing, to restore a bet- discovered to be his first application—listed fuses to comply with them. Section ter balance between security and New York as his destination. . . . The FBI of- 211(g) of the bill also authorizes the shared knowledge.’’ The Report also ficial grasped the significance of this infor- new Privacy and Civil Liberties Board recommends that the President ‘‘co- mation. to issue administrative subpoenas and ordinate the resolution of the legal, The FBI official and an FBI analyst work- ing the case promptly met with an INS rep- to seek their judicial enforcement. policy, and technical issues across resentative at FBI Headquarters. On August I agree with the bill’s judgment that agencies to create a ‘trusted informa- 22 INS told them that Mihdhar had entered subpoena authority can be an impor- tion network’ ’’—and that this informa- the United States on January 15, 2000, and tant investigative tool. For this rea- tion-sharing network and the FBI again on July 4, 2001. . . . The FBI agents de- son, section 415 of my amendment au- ‘‘build a reciprocal relationship, in cided that if Mihdhar was in the United thorizes the Attorney General to issue which state and local governments un- States, he should be found. judicially enforceable subpoenas in an derstand what information they are These alert agents immediately ‘‘investigation of a Federal crime of looking for and, in return, receive some grasped the danger that Khalid Al terrorism.’’ of the information being developed.’’ Midhar posed to the United States— Rachel Brand, the Principal Deputy Sections 422 and 423 of my amend- and immediately initiated an effort to Assistant Attorney General for the ment act on these recommendations by track him down. Unfortunately, at the Justice Department’s Office of Legal improving the FBI’s ability to share in- time, the law was not on their side. Policy, described the need for subpoena telligence information that has been The Joint Inquiry Report of the House authority in terrorism investigations October 1, 2004 CONGRESSIONAL RECORD — SENATE S10229 in a hearing before my subcommittee tigate Mohammed Atta if they suspect receives military-type training from a des- on June 22 of this year. Ms. Brand that he broke into a mailbox—but ignated terrorist organization or persons noted: should not have the same authority if acting on its behalf. Such an individual stands ready to further the malicious intent Although grand jury subpoenas are a suffi- they suspect he is plotting to fly air- of the terrorist organization through ter- cient tool in many investigations, there are planes into buildings.’’ rorist activity that threatens the security of circumstances in which an administrative Professor Jonathan Turley also com- United States nationals or the national secu- subpoena would save precious minutes or mented on TFTA’s subpoenas provision rity of the United States. Moreover, a train- hours in a terrorism investigation. For ex- in his testimony before the Terrorism ee’s mere participation in a terrorist organi- ample, the ability to use an administrative zation’s training camp benefits the organiza- subpoena will eliminate delays caused by Subcommittee. He stated: tion as a whole. For example, a trainee’s par- factors such as the unavailability of an As- There is little reason to believe that a [Ju- ticipation in group drills at a training camp sistant United States Attorney to imme- dicially Enforceable Terrorism Subpoena] diately issue a grand-jury subpoena, espe- provision would be unconstitutional. helps to improve both the skills of his fellow trainees and the efficacy of his instructors’ cially in rural areas; the time it takes to * * * * * contact an Assistant United States Attorney training methods. Additionally, by attending Much is made [by some critics] of the shift a terrorist training camp, an individual in the context of a time-sensitive investiga- from a grand-jury subpoena to a JETS sys- tion; the lack of a grand jury sitting at the lends critical moral support to other train- tem. However, the term grand-jury subpoena ees and the organization as a whole, support moment the documents are needed (under is misleading in that it is not issued by a federal law, the ‘‘return date’’ for a grand- that is essential to the health and vitality of grand jury but a federal prosecutor. ‘‘[A] the organization. jury subpoena must be on a day the grand grand jury subpoena gets its name from the jury is sitting); or the absence of an intended use of the . . . evidence, not from Professor Turley had the following to empaneled grand jury in the judicial district the source of its issuance.’’ Doe v. DiGenova, say about this provision of TFTA in his where the investigation is taking place, a 779 F.2d 74, 80 n.11 (D.C. Cir. 1985). Adminis- testimony before the Terrorism Sub- rare circumstance that would prevent a trative subpoenas are currently used in doz- committee: grand-jury subpoena from being issued at all. ens of areas and they have been upheld by This proposal would fill a gap in our laws To appreciate the potential importance of the United States Supreme Court. It is ex- an administrative subpoena in a terrorism revealed by recent cases, like that of Jose tremely rare for a federal prosecutor to deny Padilla, where citizens have trained at ter- case, consider the following hypothetical ex- such a request from the FBI and the elimi- ample. On Friday afternoon, counter-ter- rorist camps. . . . The proposed crime has nation of an Assistant United States Attor- been narrowly tailored to require a clear rorism investigators learn that members of ney from the process is not likely to produce an al Qaeda cell have purchased bomb-mak- knowledge element as well as a reasonable a significant change in the level of review. ing materials from a chemical company. definition of military-type training. The They want to obtain records relating to the Professor Turley also added: ‘‘I would United States has an obvious interest in purchase that may reveal what chemicals strongly encourage the Senate to cou- criminalizing such conduct and to deter citi- the terrorists bought, as well as delivery ple any JETS provision with a close zens who are contemplating such training. In records that might reveal the terrorists’ lo- oversight process to monitor the num- my view, it raises no legitimate issue of free association or free speech given the criminal cation. Investigators reach a prosecutor, who ber and nature of subpoenas issued issues a grand jury subpoena for those nature of the organization. Most impor- under the new law.’’ As I previously tantly, given the use of these camps to re- records. But because the grand jury is not noted, the amendment that I offer scheduled to meet again until Monday morn- cruit and indoctrinate such citizens as ing and the recipient of a grand jury sub- today implements this recommenda- Padilla and John Walker Lindh, this new poena is not required to produce the records tion: it includes a requirement that the criminal offense is responsive to a clear and until the next time the grand jury meets, in- FBI report on the number of subpoenas present danger for the country. vestigators may not be able to obtain the in- that it employs under the new author- Section 425 of my amendment is iden- formation for three days during which time ity and the circumstances of their tical to section 2042 of the House of the al Qaeda cell may have executed its plan. issue. Representatives’ 9/11 Commission bill. If investigators had the authority to issue an Terrorist Training Camps: The 9/11 Terrorist Hoaxes: The 9/11 Commis- administrative subpoena, they could obtain Commission Report recommends that sion Report notes at several places the records immediately and neutralize the the U.S. government ‘‘identify and that false information about terrorist cell. prioritize actual or potential terrorist threats influenced key events on Sep- A recent paper issued by the Repub- sanctuaries. For each, it should have a tember 11, 2001: possibly ‘‘a false report lican Policy Committee points out how realistic strategy to keep possible ter- of a third plane approaching’’ influ- anomalous it is that the FBI does not rorists insecure and on the run, using enced fire crews’ decisions on the have subpoena authority for terrorism all elements of national power.’’ The ground in New York City on that day, investigations. As that report notes, Report explains that such sanctuaries and crisis managers were forced to sort ‘‘[c]urrent provisions of federal law pose a threat because they provide ter- out ‘‘a number of unnerving false grant [administrative-subpoena] au- rorist groups with the ‘‘opportunity alarms’’ immediately after the at- thority to most government depart- and space to recruit, train, and select tacks. ments and agencies.’’ Moreover, operatives’’—and that the hospitable The Justice Department also has ‘‘[t]hese authorities are not restricted environment in the United States also commented on the harm caused by to high-profile agencies conducting allowed this country to be used for ter- false information and terrorist hoaxes. life-or-death investigations.’’ As the rorist training and exercises. In its testimony on the TFTA, the De- paper notes, federal law currently au- Section 425 of my amendment would partment noted: thorizes postal inspectors to issue ad- make it a federal offense to knowingly Since September 11, hoaxes have seriously ministrative subpoenas when inves- receive military-type training from or disrupted people’s lives and needlessly di- tigating any ‘‘criminal matters related on behalf of a designated foreign ter- verted law-enforcement and emergency-serv- to the Postal Service and the mails.’’ rorist organization. This provision ap- ices resources. In the wake of the anthrax at- tacks in the fall of 2001, for example, a num- Similarly, the Small Business Admin- plies extraterritorially to U.S. nation- istration is empowered to use adminis- ber of individuals mailed unidentified white als, permanent residents, stateless per- powder, intending for the recipient to believe trative subpoenas to investigate crimi- sons whose habitual residence is the nal activities under the Small Business it was anthrax. Many people were inconven- United States, or a person who is ienced, and emergency responders were Act, such as embezzlement and fraud. brought into or found in the United forced to waste a great deal of time and ef- The Bureau of Immigration and Cus- States. fort. Similarly, in a time when those in uni- toms Enforcement has administrative- The Justice Department testified in form are making tremendous sacrifices for subpoena authority for investigations favor of this provision at the Terrorism the country, several people have received of violations of the immigration laws. Subcommittee’s hearing on the TFTA. hoax phone calls reporting the death of a loved one serving in Iraq or Afghanistan. And DEA agents have subpoena author- The joint statement of Messrs. Sabin ity for criminal investigations under and Bryant notes that: Section 416 of my amendment is in- tended to reduce the flow of false infor- the Controlled Substances Act. It is critical that the United States stem As the RPC Policy Paper concludes, the flow of recruits to terrorist training mation about terrorist or national-se- ‘‘One can hardly contend that federal camps. A danger is posed to the vital foreign curity-related events by making it a investigators should be able to issue policy interests and national security of the criminal offense to knowingly convey administrative subpoenas to inves- United States whenever a person knowingly false information about terrorist S10230 CONGRESSIONAL RECORD — SENATE October 1, 2004 crimes or the death or injury of a U.S. support statutes. This is another key tool in but not suspected terrorists, defies common soldier during war—if such misinforma- preventing terrorism. As the Department of sense. tion is conveyed under circumstances Justice has previously indicated, ‘‘a key ele- * * * * * where it may reasonably be believed. ment of the Department’s strategy for win- This omission has presented authorities Professor Turley, at the Terrorism ning the war against terrorism has been to real obstacles to prosecuting the war on ter- use the material support statutes to pros- rorism, as Michael Battle, U.S. Attorney for Subcommittee hearing on TFTA, com- ecute aggressively those individuals who mented that: the Western District of New York, testified supply terrorists with the support and re- before this subcommittee on June 22. In the This new provision would create a serious sources they need to survive . . . . The De- recent ‘‘Lackawanna Six’’ terrorism case in deterrent to a type of misconduct that rou- partment seeks to identify and apprehend his district, prosecutors moved for pre-trial tinely places the lives of emergency per- terrorists before they can carry out their detention of the defendants, most of whom sonnel at risk and costs millions of dollars in plans, and the material support statutes are were charged with (and ultimately pled unrecouped costs for the federal and state a valuable tool for prosecutors seeking to guilty to) providing material support to al governments. Since a terrorist seeks first bring charges against and incapacitate ter- Qaeda. It was expected that the defendants and foremost to terrorize, there is precious rorists before they are able to cause death would oppose the motion. What followed was [little] difference between a hoaxster and a and destruction.’’ not expected, however. Because the law does terrorist when the former seeks to shut down not allow presumptive pre-trial detention in a business or a community with a fake The 9/11 Commission Report also em- phasizes the need ‘‘to ensure protection terrorism cases, prosecutors had to partici- threat. . . . This provision responds to the pate and prevail in a nearly three-week hear- increase in this form of insidious misconduct of civil liberties’’ during the war on ing on the issue of detention, and were forced and correctly defines it as criminal conduct. terrorism. In order to address concerns to disclose a substantial amount of their evi- Process: A bill that is substantially raised by some courts and litigants dence against the defendants prematurely, at identical to section 416 first was intro- about the chilling effect of the current a time when the investigation was still ongo- duced almost three years ago by Rep- material-support statute, section 424 of ing. Moreover, the presiding magistrate judge did in fact authorize the release of one resentative LAMAR SMITH on November the amendment clarifies what it means to provide ‘‘training,’’ ‘‘personnel,’’ defendant, who, it was later learned, had lied 11, 2001. That proposal was the subject to the FBI about the fact that he had met of a hearing before the House Crime and ‘‘expert advice or assistance’’ to a with Osama bin Laden in Afghanistan. Subcommittee on November 7, 2001. terrorist group. The Lackawanna Six case illustrates the The bill was reported by the House Ju- Professor Turley, in his Terrorism real-life problems the absence of presump- diciary Committee on November 29, Subcommittee testimony on TFTA, tive pre-trial detention has posed to law en- 2001, which issued Report No. 107–306 said of section 424 that ‘‘[t]his proposal forcement. But this shortcoming in the law for the bill. The Smith bill was then would actually improve the current has also enabled terrorists to flee from jus- unanimously approved by the House of federal law by correcting gaps and am- tice altogether. For example, a Hezbollah supporter was charged long ago with pro- Representatives on December 12, 2001. biguities that have led to recent judi- viding material support to that terrorist or- Representative SMITH reintroduced the cial reversals. In that sense, the pro- ganization. Following his release on bail, he bill in this Congress. The House Crime posal can be viewed as a slight benefit fled the country. Subcommittee held another hearing on to civil liberties by removing a dan- The suspect described above eventu- the proposal on July 10, 2003, and the gerous level of ambiguity in the law.’’ ally was recaptured by the United Judiciary Committee issued Report No. A provision identical to section 424 of States 6 years after his escape. During 108–505 for the new Smith bill. Also, my amendment appears in the House of that time, he was not a participant in Senator HATCH has introduced a Representatives 9/11 Commission bill as a terrorist attack against the United version of this proposal in the Senate. section 2043. States—but he could have been. Section 416 of my amendment is Presumption of No Bail for Terror- Jonathan Turley also commented on nearly identical to section 2022 of the ists: Section 413 of my amendment section 413 in his testimony at the Ter- House of Representatives’ 9/11 Commis- would add terrorists to the category of rorism Subcommittee hearing on sion bill. criminal defendants for whom there is TFTA. He stated: Financial and Material Support to a presumption of no bail. Under cur- [Section 413] would create a presumption Terrorists: The 9/11 Commission Report rent law, a criminal suspect will be de- against bail for accused terrorists. Under states in its recommendations that nied bail in federal court if the govern- this amendment, such a presumption could ‘‘vigorous efforts to track terrorist fi- ment shows that there is a serious risk be rebutted by the accused, but the court nancing must remain front and center that the suspect will flee, obstruct jus- would begin with a presumption that the ac- in U.S. counterterrorism efforts.’’ tice, or injure or threaten a witness or cused represents a risk of flight or danger to Subtitle E of my amendment, the society. This has been opposed by various juror. The judge must presume this groups, who point to the various terrorist ‘‘Combating Money Laundering and showing is present if the suspect is Terrorist Financing Act,’’ expands the cases where charges were dismissed or re- charged with a crime of violence, a jected, including the recent Detroit scandal list of predicate offenses for money drug crime carrying a potential sen- where prosecutorial abuse was strongly con- laundering to include burglary and em- tence of ten years or more, any crime demned by the Court. I do not share the op- bezzlement, operation of an illegal that carries a potential sentence of life position to this provision because I believe money-transmitting business, and of- or the death penalty, or the suspect that, while there have been abuses in the in- vestigation and prosecution of terrorism fenses related to alien smuggling, child previously has been convicted of two or exploitation, and obscenity that were cases, the proposed change sought by the more such offenses. Section 413 would enacted or amended by the Protect Justice Department is neither unconstitu- add terrorist offenses to this list— Act. It also amends current law to pro- tional nor unreasonable. judges would be required to presume hibit concealing having provided fi- * * * * * that facts requiring a denial of bail are nancing while knowing that it has been This proposal would not impose a categor- present. This is only a presumption— ical denial of bail but a presumption against or will be provided to terrorists. the terror suspect still could attempt bail in terrorism cases. Congress has a clear- Section 424 of my amendment ex- ly reasonable basis for distinguishing ter- pands existing prohibitions on pro- to show that he is not a flight risk or potential threat to jurors or witnesses. rorism from other crimes in such a presump- viding material support to terrorist tion. In my view, this would be clearly con- groups. This provision makes it a The Justice Department testified as stitutional. crime to provide material support to to the importance of this provision at While I have been critical of the policies of any crime of international or domestic the Terrorism Subcommittee hearing Attorney General John Ashcroft, I do not terrorism, and expands federal jurisdic- on TFTA: share the view of some of my colleagues in the civil liberties community in opposition tion over such offenses. Current law provides that federal defend- ants who are accused of serious crimes, in- to this change. There is currently a presump- The Justice Department emphasized tion against pretrial release for a variety of the importance of the material-support cluding many drug offenses and violent crimes, are presumptively denied pretrial re- crimes in 18 U.S.C. § 3142(e), including major statute in its joint statement on the lease under 18 U.S.C. § 3142(e). But the law drug crimes. It seems quite bizarre to have TFTA before the Terrorism Sub- does not apply this presumption to those such a presumption in drug cases but not ter- committee: charged with many terrorism offenses. To rorism cases. The TFTA . . . improves current law by presumptively detain suspected drug traf- Use of FISA in immigration pro- clarifying several aspects of the material fickers and violent criminals before trial, ceedings: The 9/11 Commission Report October 1, 2004 CONGRESSIONAL RECORD — SENATE S10231 recommends that the United States injury. The Justice Department has objected want to engage on that. However, I ‘‘combine terrorist travel intelligence, to the current language of 18 U.S.C. § 3583 as know that Senator STEVENS is under a operations, and law enforcement in a too restrictive since there are many individ- tight timeframe for this afternoon. I strategy to intercept terrorists, find uals who knowingly support terrorist activi- would be willing to delay my response ties, but do so through less overtly violent terrorist travel facilitators, and con- means, such as computer-related crimes. The to the debate of the two Senators on strain terrorist mobility.’’ The report purpose is only to make such individuals eli- my side of the aisle until after Senator also states that ‘‘[t]he challenge for na- gible for lifetime supervision. This proposal STEVENS has had an opportunity to lay tional security in an age of terrorism is seems facially reasonable in light of the so- down his amendments. to prevent the very few people who phisticated web of supporting co-conspira- The PRESIDING OFFICER. The Sen- may pose overwhelming risks from en- tors working with groups like Al-Qaeda. ator from Connecticut. tering or remaining in the United [Section 417] This provision increases the penalties for obstruction of justice in ter- Mr. LIEBERMAN. I thank the Chair. States undetected.’’ rorism cases. The Justice Department be- Mr. President, I join Senator COLLINS Section 419 of my amendment is de- lieves that the increase from 5 to 10 years in in thanking Senator KYL and Senator signed to allow the federal government terrorism cases is needed to show the added CHAMBLISS for offering the amend- to more readily employ intelligence in- severity of such misconduct in this context. ments. I thank Senator KYL particu- formation to keep suspected terrorists For the purpose of full disclosure, I have rep- larly for the spirit in which he of- out of the United States. The Foreign resented defendants charged under false fered—and some of the amendments we Intelligence Surveillance Act requires statement provisions like 18 U.S.C. § 1001 and will be able to reach agreement on—the the government to provide notice when I have been a critic of the abusive use of last amendment—the so-called tools information obtained through FISA is false statement charges by the Justice De- partment in non-terrorist cases. However, for terrorists? used in any federal proceeding. In 1996, seeking higher penalties for obstruction in Mr. KYL. Yes. Congress created an exception to this the area of terrorism is not an unreasonable requirement for alien-terrorist removal demand and certainly would not raise any Mr. LIEBERMAN. Tools to fight ter- proceedings. This section would extend immediate constitutional problems. rorism, as I would call it. As you said, this exception to all immigration pro- [Section 421] This provision would deny parts of it are very controversial. As an ceedings—the government would be federal benefits to convicted terrorists. The individual Senator, probably a lot of it able to use FISA information to deny denial of such benefits is currently allowed I would support, but I particularly ap- under the Controlled Substances Act and preciate the Senator’s conclusion here an alien a particular immigration ben- makes obvious sense given the nature of efit, to bar his reentry, or to detain these crimes. because neither the Senator from Ari- him on immigration charges, all with- In conclusion, I would simply remind zona nor I want to come into a situa- out revealing that the information was my colleagues that every provision of tion where we are getting this bill’s obtained through FISA. Such author- TFTA has been fully explored in con- fate swept up in controversial amend- ity would be useful because in many in- gressional committee hearings—the in- ments. stances, notice that information was dividual provisions of the bill have I look forward to working with the obtained through FISA would disclose been the subject of nine separate hear- Senator and members of both caucuses to the alien that he or his associates ings—and every provision of TFTA has to pick out the parts that there is gen- have been the target of a FISA inves- the full support of the Department of eral agreement on, and I believe there tigation—a disclosure that effectively Justice. These provisions address obvi- will be a good number of those, and would compromise an ongoing inves- ous and in some cases glaring gaps in make the bill stronger and then get it tigation. our nation’s antiterrorism safety net. moving to adoption. I thank the Chair. Professor Turley addressed this pro- We cannot allow these problems to con- The PRESIDING OFFICER. The Sen- vision in his testimony before the Ter- tinue to go unaddressed. ator from Alaska rorism Subcommittee on the TFTA: I urge my colleagues to support the Mr. STEVENS. Mr. President, I have This provision would change the current amendment. a series of requests for cosponsors of system in which the government must notify Mr. President, this is a controversial parties in an immigration case that it is amendments that I have introduced. I amendment. It is sometimes called the ask unanimous consent that they be using information obtained through FISA. Tools for Terrorism Act. There are 20 ... printed in the RECORD. Section [419] was criticized recently by the specific provisions of this amendment. Some of them are very The PRESIDING OFFICER. Without American Immigration Lawyers Association objection, it is so ordered. (AILA) group as ‘‘constitutionally dubious.’’ uncontroversial, some have become Despite my respect for AILA and its work, I controversial. What I am proposing to AMENDMENTS NOS. 3826, 3827, 3829 AND 3840, EN must disagree with the suggestion that this do by laying this amendment down is BLOC provision might be found unconstitutional. begin a dialog with members of both Mr. STEVENS. Mr. President, I call The government is allowed to use secret evi- the majority and the minority to see dence in such proceedings and the only up the four amendments at the desk. I change here is the identification of the which of them we can agree to be ask unanimous consent that each of source of such secret information. . . . This adopted. them be read and then set aside so we provision would, in my view, pass constitu- This was the most efficient way to do can go through calling up the four of tional muster. that rather than independently offer- them, and then I will make some com- . . . [T]he true legal change produced by ing each one seriatim. But it is my in- ments about them. They are amend- Section [419] is marginal. There are good- tention to work out a unanimous con- ments Nos. 3826, 3827, 3829 and 3840. faith reasons for the government’s reluc- sent agreement with both sides that The PRESIDING OFFICER. Without tance to acknowledge an on-going FISA in- would result in as much of this amend- vestigation. While I oppose FISA generally, objection, it is so ordered. ment as possible, from my perspective, this does not appear an unreasonable request The clerk will report. from the Justice Department. but in any event, as much as we can The legislative clerk read as follows: Other provisions: lifetime post-re- agree upon, being agreed to without lease supervision, obstruction of jus- any further debate or votes if they are The Senator from Alaska [Mr. STEVENS], tice, denial of benefits. In his testi- not necessary. for himself, Mr. WARNER, and Mr. INOUYE, The PRESIDING OFFICER. The Sen- proposes an amendment numbered 3826. mony on TFTA before the Terrorism ator from Maine. The Senator from Alaska [Mr. STEVENS] Subcommittee, Professor Turley also Ms. COLLINS. Mr. President, I very proposes an amendment numbered 3827. had the following to say about these much appreciate the cooperation of the The Senator from Alaska [Mr. STEVENS], provisions of TFTA: Senator from Arizona. We would be for himself, Mr. WARNER, and Mr. INOUYE, [Section 414] This provision would make happy to work with him on the three proposes an amendment numbered 3829. terrorists eligible for lifetime post-release The Senator from Alaska [Mr. STEVENS], supervision. Under the current law, certain amendments that he has laid down. for himself, Mr. WARNER, Mr. INOUYE, and individuals convicted of terrorist crimes are I do want to debate further the other amendment, his first amendment on Mr. BURNS, proposes an amendment num- not eligible for lifetime post-release super- bered 3840. vision because the underlying offense did not privacy and civil liberties oversight. create a foreseeable risk of death or serious That is a key amendment, and I do The amendments are as follows: S10232 CONGRESSIONAL RECORD — SENATE October 1, 2004 AMENDMENT NO. 3826 In support of the bill under consider- Gates, former Under Secretary of Defense (Purpose: To modify the duties of the Direc- ation, this amendment clarifies the John Hamre, former Senator Gary Hart, my- tor of the National Counterterrorism Cen- role of the Director of the National self, former Senator Sam Nunn, former Sen- ter as the principal advisor to the Presi- Counterterrorism Center to support ator Warren Rudman, and former Secretary dent on counterterrorism matters) of State George Shultz. planning and not conduct operations. It is obviously a bipartisan group, and we On page 84, beginning on line 8, strike It is the intent of this amendment to are concerned that the reforms of the mag- ‘‘joint operations’’ and insert ‘‘strategic make it perfectly clear that the na- nitude that are being talked about and with planning’’. tional counterterrorism director would the impact that they will have on the con- AMENDMENT NO. 3827 have no control over the conduct of duct of intelligence and on the national secu- (Purpose: To strike section 206, relating to joint operations. Having the intel- rity machinery should not be rushed through information sharing) ligence director to report directly to in the last weeks of the congressional session in the middle of a Presidential election cam- On page 130, strike line 20 and all that fol- the President would be inappropriate. lows through page 153, line 2. paign. The consequences of this reform will Furthermore, the Secretary of Defense inevitably produce months and maybe years AMENDMENT NO. 3829 is the principal adviser to the Presi- of turmoil as the adjustments are made in (Purpose: To amend the effective date dent on military operations. As cur- the operating procedures of the national se- provision) rently drafted, the director of the Na- curity apparatus and of the intelligence ma- On page 212, strike lines 3 through 6, and tional Counterterrorism Center shall chinery. That is inherent to reform. But we insert the following: serve as the principal adviser to the should not have to explain in retrospect why (a) IN GENERAL.—This Act and the amend- President on joint operations. This is it was so necessary to come to a conclusion ments made by this Act shall take effect one in the middle of a Presidential election cam- year after the date of the enactment of this very unclear. Does it include military paign. Whatever decisions are made this Act, except that— operations? Our amendment eliminates week, we will have to deal with the imme- (1) subsections (a) and (b) of section 102 (re- that ambiguity by striking ‘‘joint oper- diate terrorist challenge by the apparatus lating to the establishment of the position of ation’’ and inserting ‘‘strategic plan- that now exists, as it has already been re- National Intelligence Director) shall take ef- ning,’’ which would appear to be con- formed in the light of the experience of Sep- fect 90 days after the date of the enactment sistent with the amendment adopted tember 11. So urgency should not trump sub- of this Act, and the President shall prescribe by the committee in the markup to stance. the duties of the position of National Intel- From Dr. John Hamre, former Dep- ligence Director that are to apply before sub- change the directorate of operations to sections (d) and (e) of such section take ef- directorate of planning within the Na- uty Secretary of Defense: fect; tional Counterterrorism Center. I Mr. Chairman, we are now very far along (2) section 143 (relating to the establish- would hope that the manager of the the road in this debate. Unfortunately, from ment and operation of the National bill would give this amendment serious my perspective, the shape of this debate has Counterterrorism Center) shall take effect 90 been driven more by political imperative consideration because I think it clears than deep analysis of the challenges we face days after the date of the enactment of this up a defect in the bill as it is presently Act, and the National Counterterrorism Cen- in this area. We do need intelligence reform, ter shall be operated without reference to its written. I believe. But I believe the debate to date, status under section 143(a) as an entity with- AMENDMENT NO. 3829 and the proposals before the Congress, are in the National Intelligence Authority until Now I will address amendment No. too narrowly constructed around one per- the National Intelligence Authority is estab- 3829. This amendment would delay the ceived failure of the intelligence community, lished when section 101 takes effect; and that is the failure to coordinate the ac- implementation of the bill from 6 tivities of the components of the intelligence (3) section 331 and the amendments made months to 1 year. I want to make it by such section shall take effect 90 days community. after the date of the enactment of this Act; clear that this amendment would not Without this extra 6 months, I feel and delay the implementation of the office the administration would be hard- (4) a provision of this Act shall take effect of the national intelligence director or pressed to meet the strict require- on any earlier date that the President speci- the National Counterterrorism Center ments, recommendations, and guide- fies for such provision in an exercise of the but gives the administration 6 more authority provided in subsection (b). lines this bill imposes. It does not re- months to implement the many offices, quire a delay of 6 months; it just gives AMENDMENT NO. 3840 councils, and changes in the intel- 6 more months. If they can do it in 2 (Purpose: To strike the fiscal and acquisition ligence community that the bill re- months, fine, but why put a 6-month authorities of the National Intelligence quires. Authority) deadline when the study that is in- We are facing an election. We do not volved has a 6-month deadline? My On page 109, strike line 4 and all that fol- know what the outcome of the election lows through page 113, line 3. amendment allows the President to is, but to put the burdens of this bill in move fast if he believes it is prudent On page 113, line 4, strike ‘‘163.’’ and insert the first 6 months on the administra- ‘‘162.’’. but does not mandate a rush to finish. On page 114, line 1, strike ‘‘164.’’ and insert tion, whether it is the existing one or a I urge my colleagues to support this ‘‘163.’’. new one, is entirely inappropriate. The amendment which would only work to AMENDMENT NO. 3826 first 6 months of a new Congress and help the administration to execute this Mr. STEVENS. Mr. President, I will the new year of an administration go mission well. by very quickly, and I think there is address the amendment first in order, AMENDMENT NO. 3827 amendment No. 3826. This is offered to just too much to do with regard to The amendment strikes line 20 on clarify the duties and responsibilities budget, presentation of State of the page 130 of the bill and all text that fol- of the Director of the National Union message, so many other things, lows to line 2 on page 153 which relates Counterterrorism Center. The bill cur- to have this implementation done to creation of a huge information shar- rently states that the Director of the within 6 months. ing network. The current occupant of National Counterterrorism Center I make this recommendation because the Chair will be very interested in this shall serve as the principal adviser to many of the individuals I have spoken amendment. the President and the national intel- to in the intelligence community and I understand the need for this office ligence director on joint operations re- those who appeared before our Appro- to be created, and my amendment will lated to counterterrorism. priations Committee suggest that exe- create such an office. But, it would This amendment strikes ‘‘joint oper- cuting these changes should not be at strike the specific requirements and ations’’ and inserts in lieu thereof an accelerated pace. Here are the im- guidelines that the national intel- ‘‘strategic planning.’’ The bill under portant quotes from Dr. Kissinger. ligence director would have to follow consideration creates the National What I say and what I have written should to establish a network for intelligence Counterterrorism Center to develop be read in conjunction with a joint state- information sharing. My amendment and unify strategy, to develop inter- ment that is being issued today by the fol- would allow the intelligence commu- lowing group of individuals: former Senator agency terrorism plans, not to conduct Boren, former Senator Bradley, former Sec- nity, and more importantly the na- joint operations. retary of Defense Carlucci, former Secretary tional intelligence director, to be using I call attention to page 83, lines 3, 9, of Defense William Cohen, former Director of the information to determine what and 10, of the committee print. the Central Intelligence Agency Robert type of network they need. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10233 During our Committee hearings, Dr. essary for its establishment while leaving It would create the largest techno- Henry Kissinger made the following the details to be worked out and altered as logical surveillance system ever seen analysis: the circumstances require. in the world. I repeat that: The largest Different components of the government I am also concerned with the very technological surveillance system ever have different missions and priorities that ambitious schedule that the bill delin- seen in the world. I think it should be cause them to assign different levels of im- eates. In 90 days, just 3 months, the Di- given very thoughtful analysis. portance to protecting intelligence informa- rector of OMB would be required to tion. Good management requires that, when submit to the President and the Con- We have to give NID time to estab- there are contradictions between using intel- gress a description of the Network, es- lish what and how such information ligence and protecting it, decisions are made tablish a director of services and con- should be gathered, how it is to be ana- by established procedure. Sharing should be duct a review of relevant current Fed- lyzed, how it is to be stored, and how it optimized, not managed in detail. To at- eral agency capabilities; it would seem is to be shared. That is to take place in tempt to prescribe all the circumstance in 90 days. I hope the administration, the bureaucratic or legalistic language would in- to me that we are setting the adminis- volve so much detail and so many exceptions tration up to fail with such an unrea- committee members and their staff as to defeat its own purpose. sonable time frame. take a look at this amendment. This Also, sharing of this information will I am also concerned about the cost. provision is going to delay this bill, un- not be the ultimate panacea. ADM The bill estimates this could cost at less my amendment is adopted or some James Ellis, former Commander of U.S. least $50 million dollars. Where would form of that. Again, I am ready to hear Strategic Commander until a few the funds for this program come from? if we have misanalyzed this, but we months ago, made the following point: Also, how would they influence exist- have checked it with people who have ing programs to coordinate these ac- been in the system a long time and We should be wary of homogenizing cen- tralized processes that, albeit unintention- tivities? Currently there are not any they agree our reading is correct. I ally, may suppress or filter differing views. funds designated for these activities. again refer the administration and the Recent op-ed pieces have noted the inevi- Would they be requested from a supple- committee to amendment No. 2837. tability of surprise in our past and offered as mental or would they be taken from That is a significant amendment, in well that often a surprise is a result of defi- the intelligence community’s very my opinion. cient analysis, not collection or even sharing tight budget? of data. Also, I was hoping that the chairman AMENDMENT NO. 3840 Also, from our intelligence reform and the ranking member could provide I turn my attention to amendment hearings, Judge Richard Posner, from a clearer picture about the protection No. 3840. This is an amendment cospon- the 7th Circuit, Court of Appeals stated of civil liberties. I understand that the sored by Senators WARNER, INOUYE, and the following: Privacy and Civil Liberties Boards will the current occupant of the chair, Sen- The Commission thinks the reason the bits be included in discussions—but I worry ator BURNS. It concerns the acquisition of information that might have been assem- about the extent to which—and I am of major intelligence systems. The pur- bled into a mosaic spelling 9/11 never came quoting from the bill now: pose of this amendment is to strike the together in one place is that no one person private sector data, including information provisions of the bill which transfer was in charge of intelligence. That is not the from owners and operators of critical infra- major decisionmaking authorities re- reason. The reason, or rather, the reasons structure, is incorporated into the Network; are, first, that the volume of information is lating to acquisition of national secu- and that the private sector is both providing rity and defense systems to the na- so vast that even with the continued rapid and receiving information. advances in data processing it cannot be col- tional intelligence director. This is another czar. We already have lected, stored, retrieved and analyzed in a My concern stems from a few items, single database or even network of linked an intelligence czar. Now this provision databases. Second, legitimate security con- in this bill creates an information czar. based on the language in this bill. It is cerns limit the degree to which confidential It ‘‘requires that the national intel- unclear to me and to us if the national information can safely be shared, especially ligence director is to set standards for intelligence director would be respon- given the ever-present threat of moles like information technology and commu- sible for the creation of an entire new the infamous Aldrich Ames. And third, the nication.’’ By the way, it does not say staff for the acquisition of major sys- different intelligence services and the necessarily related to intelligence— tems or if the Department of Defense subunits of each service tend, because infor- across the entire executive branch, for shall have to transfer to the NID its mation is power, to hoard it. Efforts to cen- personnel to provide the manpower, ex- tralize the intelligence function are likely to every Cabinet Secretary and I presume lengthen the time it takes for intelligence for the FCC. pertise, and staff for these acquisition and analyses to reach the President, reduce The NID would also develop an integrated functions. If that is the case, then how diversity and competition in the gathering information technology and communication would the Department of Defense exe- and analysis of intelligence data, limit the network that ensures information sharing cute its own oversight of its own pro- number of threats given serious consider- across the entire executive branch again for grams? And, if the national intel- ation and deprive the president of a range of every Cabinet Secretary ligence directorate were to have to use alternative interpretations of ambiguous and and agency, as I understand it, in the its own people until they can hire new incomplete data—and intelligence data will Federal Government people, the national director would usually be ambiguous and incomplete. and with the State and local governments have to fall back to utilizing the per- I point out that the administration’s and the private sector. sonnel of the existing agencies, the statement, so-called SAP which came The scope of this is beyond com- people Congress deemed in 2004 were from the administration, says: prehension. How can this group, now, the problem and not the solution. the administration supports the strong infor- created by the OMB, assure that pri- mation-sharing authorities granted to the Until it is clear to the Secretary of vacy and civil liberties will be ensured Defense whether the national intel- NID in the bill. The administration is con- when there is only one person at the cerned that the extensive authorities and re- ligence director must create a bureauc- sponsibilities granted the Office of Manage- helm, and that person is selected by racy or parallel structure, it is my rec- ment and Budget to implement the informa- the OMB? ommendation that we continue the Am I reading the bill wrong? I don’t tion-sharing network are both outside of current structure which permits the think so. OMB’s usual responsibilities and are incon- Secretary of Defense the decision au- sistent with the goal of ensuring an NID with What purposes are to be gained from a gov- thority over these vital programs. effective authority to manage the intel- ernmentwide database that includes every ligence community. These responsibilities part of the Government—Federal. State, The NID should request what author- should be granted to the NID in such a way local? ity he needs. We should not give it all as to remain consistent with section 892 of Are we dreaming up a new net? Is to him and then have the Secretary of the Homeland Security Act of 2002. this a new Internet? Is this a govern- Defense fight to get back some of the The administration also believes that the detail in which the legislation prescribes the ment net? What is it and why should normal functions of the Department of network is excessive. The network would be we give one person the authority to Defense. The underlying bill leaves more likely to accomplish its beneficial goal control communications in this man- that determination now to NID to if the bill simply provided the authority nec- ner in this bill? begin with. S10234 CONGRESSIONAL RECORD — SENATE October 1, 2004 The Secretary of Defense should con- other amendments be set aside and this (d) DUTIES AND RESPONSIBILITIES.—(1) The tinue to oversee the execution of acqui- be called up, amendment No. 3882. Inspector General of the National Intel- sition programs within his Depart- The PRESIDING OFFICER. Without ligence Authority shall have the duties and ment, and the agencies related to de- objection, the clerk will report amend- responsibilities set forth in applicable provi- sions of the Inspector General Act of 1978 (5 fense, especially those combat support ment No. 3882. U.S.C. App.). agencies such as the National Security The assistant legislative clerk read (2) In addition to the duties and respon- Agency and the National Geospatial- as follows: sibilities provided for in paragraph (1), the Intelligence Agency. The Senator from Alaska [Mr. STEVENS] Inspector General shall— The Congress recognized the fact proposes an amendment numbered 3882. (1) provide policy direction for, and plan, that neither the National Security Mr. STEVENS. I ask unanimous con- conduct, supervise, and coordinate independ- Agency nor the National Geospatial sent the reading of the amendment be ently, the investigations, inspections, and Agency currently possess capability to audits relating to the programs and oper- dispensed with. ations of the National Intelligence Author- manage major acquisition programs by The PRESIDING OFFICER. Without ity, the relationships among the elements of passing the fiscal year 2004 National objection, it is so ordered. the intelligence community within the Na- Defense Authorization Act, Public Law The amendment is as follows: tional Intelligence Program, and the rela- 108–354, which transferred these very AMENDMENT NO. 3882 tionships between the elements of the intel- responsibilities to the Department of (Purpose: To propose an alternative section ligence community within the National In- Defense. We, the Senate, just trans- 141, relating to the Inspector General of telligence Program and the other elements ferred these authorities and respon- the National Intelligence Authority) of the intelligence community to ensure sibilities to the Department of Defense. On page 60, strike line 5 and all that fol- they are conducted efficiently and in accord- ance with applicable law and regulations; What led to this transfer of acquisition lows through page 77, line 18, and insert the following: (2) keep the National Intelligence Director responsibility was a series of critical fully and currently informed concerning vio- mistakes regarding the ability to ob- SEC. 141. INSPECTOR GENERAL OF THE NA- lations of law and regulations, violations of TIONAL INTELLIGENCE AUTHORITY. tain and manage the acquisition of civil liberties and privacy, and fraud and (a) OFFICE OF INSPECTOR GENERAL OF NA- other serious problems, abuses, and defi- major systems. Some of these mistakes TIONAL INTELLIGENCE AUTHORITY.—There is ciencies that may occur in such programs wound up costing the taxpayers close within the National Intelligence Authority and operations, and in such relationships, to $1 billion. This is not something we an Office of the Inspector General of the Na- and to report the progress made in imple- should experiment with, especially tional Intelligence Authority. menting corrective action; (b) PURPOSE.—The purpose of the Office of with new, untested leadership or per- (3) take due regard for the protection of in- sonnel. the Inspector General of the National Intel- ligence Authority is to— telligence sources and methods in the prepa- I repeat, we just changed this this ration of all reports issued by the Inspector year. We moved it over to prevent the (1) create an objective and effective office, appropriately accountable to Congress, to General, and, to the extent consistent with further loss of money and now the com- initiate and conduct independently inves- the purpose and objective of such reports, mittee suggests it should be changed tigations, inspections, and audits relating take such measures as may be appropriate to again and now put under a new director to— minimize the disclosure of intelligence who has no experience and no back- (A) the programs and operations of the Na- sources and methods described in such re- ground in acquisition at all. tional Intelligence Authority; ports; and The administration has taken a pol- (B) the relationships among the elements (4) in the execution of the duties and re- of the intelligence community within the sponsibilities under this section, comply icy in that statement, indicating they with generally accepted government audit- believe the committee’s provision re- National Intelligence Program; and (C) the relationships between the elements ing standards. lating to the NID’s role in acquisition (e) AMENDMENTS TO INSPECTOR GENERAL of the intelligence community within the ACT OF 1978.—(1) The Inspector General Act of major systems needs further study National Intelligence Program and the other of 1978 (5 U.S.C. App.) is amended— to ensure that the requirements of elements of the intelligence community; (A) by redesignating section 8J as section major consumers are met. (2) recommend policies designed— 8K; and They understand this transfer is pre- (A) to promote economy, efficiency, and ef- (B) by inserting after section 8I the fol- mature. It may be the Congress should fectiveness in the administration of such lowing new section: reverse itself now and move this acqui- programs and operations, and in such rela- sition authority back to the NID. But tionships; and ‘‘SPECIAL PROVISIONS CONCERNING THE NATIONAL INTELLIGENCE AUTHORITY let’s let the NID get up and running. (B) to prevent and detect fraud and abuse in such programs, operations, and relation- ‘‘SEC. 8J. (a) Notwithstanding the last 2 Let’s find out whether we have con- ships; sentences of section 3(a), the Inspector Gen- fidence in that system before we take (3) provide a means for keeping the Na- eral of the National Intelligence Authority it away from the Department of De- tional Intelligence Director fully and cur- shall be under the authority, direction, and fense, when we just took it away from rently informed about— control of the National Intelligence Director the Intelligence Committee because of (A) problems and deficiencies relating to with respect to audits or investigations, or the failures of the past. the administration of such programs and op- the issuance of subpoenas, which require ac- Finally, the language currently in erations, and to such relationships; and cess to information concerning intelligence the bill would only cover the Depart- (B) the necessity for, and the progress of, or counterintelligence matters the disclo- ment of Defense programs and not the corrective actions; and sure of which would constitute a serious (4) in the manner prescribed by this sec- threat to national security. With respect to programs in the National Intelligence tion, ensure that the congressional intel- such information, the Director may prohibit Program, and that is where the prob- ligence committees are kept similarly in- the Inspector General from initiating, car- lems lie. formed of— rying out, or completing any investigation, I urge the Senate not to act in haste (A) significant problems and deficiencies inspection, or audit if the Director deter- where such large amounts of funds are relating to the administration of such pro- mines that such prohibition is necessary to currently in play. They currently have grams and operations, and to such relation- preserve the vital national security interests a considerable amount of money we ships; and of the United States. have already put up for these acquisi- (B) the necessity for, and the progress of, ‘‘(b) If the National Intelligence Director exercises the authority under subsection (a), tions. The Senate should not break a corrective actions. (c) INSPECTOR GENERAL OF NATIONAL INTEL- the Director shall submit to the congres- system that is now working well since LIGENCE AUTHORITY.—(1) There is an Inspec- sional intelligence committees an appro- this transfer earlier this year, nor put tor General of the National Intelligence Au- priately classified statement of the reasons up obstacles to our obtaining major ac- thority, who shall be the head of the Office for the exercise of such authority within quisition systems necessary for na- of the Inspector General of the National In- seven days. tional security as quickly as possible. telligence Authority, who shall be appointed ‘‘(c) The National Intelligence Director Again, I urge members of the com- by the President, by and with the advice and shall advise the Inspector General of the Na- mittee to take a look at that. consent of the Senate. tional Intelligence Authority at the time a (2) Any individual nominated for appoint- report under subsection (a) is submitted, AMENDMENT NO. 3882 ment as Inspector General of the National and, to the extent consistent with the pro- Mr. President, have I called up Intelligence Authority shall have significant tection of intelligence sources and methods, amendment No. 3882? If not, I do wish prior experience in the fields of intelligence provide the Inspector General with a copy of it to be called up at this time. I ask all and national security. such report. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10235 ‘‘(d) The Inspector General of the National the intelligence field. They are high- sulting the heads of the other agencies. Intelligence Authority may submit to the strung people. They are people whose Nothing indicates they are even going congressional intelligence committees any morale is absolutely essential. to consult the inspectors general of comments on a report of which the Inspector I urge the Senate to consider the mo- those agencies. General has notice under subsection (c) that There are inspectors general of every the Inspector General considers appropriate. rale of the people in the system now ‘‘(e) In this section, the term ‘congres- and those who will be coming into the agency covered by this bill. That would sional intelligence committees’ means— system as we moved forward. Do not give the inspector general of the NIA ‘‘(1) the Select Committee on Intelligence set timeframes such that it is designed unprecedented authority over ap- of the Senate; and for failure. Give them time. The sys- pointed officials of other independent ‘‘(2) the Permanent Select Committee on tem is working now. I have said that agencies and departments. I don’t Intelligence of the House of Representa- time and again. I don’t think most peo- know why the inspector general of the tives.’’. ple know how much change has oc- NIA should have unprecedented powers (2) Section 8H(a)(1)(A) of that Act is that no other inspector general has. amended by inserting ‘‘National Intelligence curred in the intelligence community Authority,’’ before ‘‘Defense Intelligence since 9/11. It is working. The fact that I raised this question before and I Agency’’. we haven’t had another 9/11 shows that was told that was not the case. When I (3) Section 11 of that Act is amended— it is working. I hope we will be careful. raised the question, I was told on the (1) in paragraph (1), by inserting ‘‘the Na- I want to talk about this one amend- floor earlier that the inspector general tional Intelligence Director;’’ after ‘‘the Of- ment. has the same authority as the inspec- fice of Personnel Management;’’; and Mr. WARNER. Mr. President, will the tors general. I challenged that. And (2) in paragraph (2), by inserting ‘‘the Na- Senator yield for 1 minute? I associate this amendment would bring that bill tional Intelligence Authority,’’ after ‘‘the myself with his remarks about how we back into the situation where I was Office of Personnel Management,’’. are going about this. We have made told it was, and that is the inspectors Mr. STEVENS. Mr. President, this is enormous progress since the 1991 oper- general have the same authority as any the final amendment I would call up ation in Iraq, as the Senator well other inspector general. They would now. Again, I apologize for the way it knows, particularly in the tactical still have the authority to audit pro- is brought forward. The time factors level and in military intelligence. I am grams and operations of the national involved are very narrow, I know. I do hopeful that in this haste, we do not intelligence authority. They shall have want to say, parenthetically, again, unintentionally go back from the the authority to investigate inter- one paper said I shouted at the chair- progress we have made so far. agency relationships if they wanted to man yesterday. I certainly hope I did Mr. STEVENS. I thank the Senator. among the elements of the intelligence not shout at the chairman of the com- We made progress in a lot of areas out- community both within and outside mittee. Having formerly been the side of Iraq. I am in contact now with the national intelligence program, but chairman—and Senator LIEBERMAN people in the Philippines. We have the inspector general of the National also has been the chairman—I know problems. We have problems in Indo- Intelligence Authority will not direct the vast diversity of this committee nesia. We have problems throughout the policy of other independent agen- and the difficulty we have had bringing the area. We have problems with all of cies or any other agency. As a matter this bill to the floor. I think they have these drugs from Afghanistan. This is a of fact, IGs should not direct anything. done an extremely fine job under the complex world. When we visited with They should make findings and report circumstances we have. I don’t know the station chiefs throughout the world their findings to the head of the agen- why we are being pressured as we are, recently, they all said the same thing. cy. but the decision has been made to get Ours is a very difficult problem. It is My amendment is based on existing this bill out, and so we share the lead- hard to figure out our priorities right law that has proven successful in en- ership position to accomplish that now. They are going to have to wait suring that the authority of inspectors goal. until NID gives them their priorities. general of the intelligence community But I am worried, as I told the man- How long must they wait? does not infringe upon independent in- agers personally, that some of the in- My amendment suggests an alter- spectors general of other agencies. depth study others of us have given to native to the inspector general of the I urge the Senate to take a look at this bill is not being listened to. The National Intelligence Authority as pro- this. To have anyone authorized to in- problem will be not in having the bill posed in this bill. vestigate interagency relationships? passed; the problem will be in having This is amendment No. 3882. How are you going to get along with the bill implemented if some of these Under the committee bill, the inspec- your colleagues in the other group? In- amendments are not adopted. The tor general would have the authority spectors general should look for per- timeframes in particular worry me to provide policy direction on inter- formance or for honesty and integrity, greatly, the timeframes within this agency relationships without con- to examine the operations and report. process. This is worse than establishing sulting with the department heads of But to report on interagency relation- a new department, really. This is a the affected agencies. ships involving other departments and control mechanism over a system that I see you shaking your head. You had agencies that are not under his control abhors control. It is hard to control. If better read the bill if you disagree. I and are under the control of other in- we do it wrong, we are going to bust don’t like to see that from staff, any- spectors general, that is really going this system. We are going to destroy way. If you are going to shake your too far. I will say this categorically: If the morale. As I said the other day, it head, move. that provision is not changed, I will takes a minimum of 5 years to get an I think this is a situation where we vote against this bill. I have lived with agent in the field, and it will take an- have been through the creation of in- inspectors general now too long, and other 5 years before that agent can ac- spectors general on the Governmental that goes too far. I will not vote for tively recruit people and deal with the Affairs Committee. People ought to this bill unless it is altered. nationals and really help control the look at what is being done under this Ms. COLLINS. Mr. President, I know national assets we need for our secu- bill. This is the only inspector general the Senator from Alaska is on a tight rity. The people we have in the field I know that would have the authority timeline this afternoon. I am not going right now really started out around and direction to provide policy direc- to respond in depth to the amendments 1994 or 1995. They are out there. If we tion on interagency relationships with- he put forward. disturb their morale so they decide to out consulting with the department Let me say to the Senator from Alas- pursue other courses, positions, or heads of the affected agencies. ka that on some of his amendments he other goals, this Government is going Here is an inspector general of the in- has raised very valid concerns, and I to be left literally exposed. All of these telligence community from NID. He would like the opportunity to work people are extremely capable people. I has the authority to interrogate people with him to try to resolve some of the have never encountered the intel- in other agencies to find out inter- issues. For example, some of the imple- ligence quotient in any other area in agency relationships of his agency with mentation date issues I believe we our Government that I have run into in these other agencies without con- might be able to work through. The S10236 CONGRESSIONAL RECORD — SENATE October 1, 2004 clarifying language on the I thank my friend, Senator BYRD, language, that one sentence or what counterterrorism center parallels the ranking member, former chairman of have you, can be the very language changes we made in committee, and we our committee. We are working to- that undermines the ability of our in- may well be able to come up with gether with the objectives of trying to telligence community to be effective in something on that. finish these bills this year. When the protecting the interests of the United I appreciate the Senator’s concerns two chairmen retire from the House States. and his desire to make sure that the and the Senate Appropriations Com- I certainly believe we need to do ev- language is clear and accurate mittee, with us will go our staffs. If the erything we can to create an effective throughout the bill. While obviously next chairman of the House and Senate joint national intelligence effort. Un- we have some fundamental disagree- Appropriations Committee has to con- fortunately, I am afraid there are ments on the underlying legislation, tinue the work that we should accom- things in this bill that, indeed, may nevertheless I believe that some things plish this year, it is going to take pervert the very purpose of the legisla- in his amendments are beneficial in the months this time because the trained tion; that will handicap the intel- bill, if we are able to resolve some lan- staff, the people who know the subject, ligence community rather than assist guage. I want to pledge to him my ap- will not be there. We move on to other it. preciation for his effort and my will- subjects. The language would prevent the na- ingness to work with him on some of Congress must get these appropria- tional intelligence director from hav- those issues. tions bills done this year. ing the very capabilities that allow Mr. STEVENS. Mr. President, I The PRESIDING OFFICER. The Sen- unhindered and meaningful intel- apologize, I do have to go. I want the ator from Maine. ligence collection and analysis. RECORD to show my support for Sen- AMENDMENT NO. 3849 The bill establishes four new offices, ator BYRD’s amendment No. 3845, which Ms. COLLINS. I call for the regular additional new privacy and civil lib- a few of us have endorsed. I hope we order with respect to the Corzine erty officers within each agency, and it can negotiate some of that because amendment numbered 3849. creates a new civil liberties board, all that covers, as the distinguished senior The PRESIDING OFFICER. The with management authority. Member of this body has said, the rela- amendment is pending. If this was the kind of language we could work with, I would be supportive, tionship that many of us have had with AMENDMENT NO. 3946 TO AMENDMENT NO. 3849 but I am afraid the way this language this process for a long time. I hope we (Purpose: To provide a complete substitute) will have a chance to work it out. has been put together could create bot- Mr. LIEBERMAN. I thank Senator Ms. COLLINS. Mr. President, I send a tlenecks and could undermine our abil- from Alaska. I thank him for the prom- second-degree amendment to the desk ity to be effective. If so, I have a prob- ise he has made and for the suggestions on behalf of Senator INHOFE. lem with it. I certainly don’t want to he has offered. There are some matters The PRESIDING OFFICER. The have a problem with a bill initiating on which we have big disagreements. clerk will report. such important reform, but I do. There are others on which we clearly The assistant legislative clerk read September 11 did not happen because do not. We have made some suggestions as follows: there was too little bureaucracy. It did today that we can work out over the The Senator from Maine, [Ms. COLLINS], for not happen because the intelligence weekend which will improve the bill. Mr. INHOFE, proposes an amendment num- community needed more offices and Most of all, I want the Senator from bered 3946 to amendment No. 3849. boards, more monitoring personnel, Alaska to know that we always listen (The amendment is printed in today’s more supervision and more second- to him whether he shouts or not. RECORD under ‘‘Text of Amendments.’’) guessing. In fact, the problems hap- Mr. STEVENS. Shout doesn’t count. Ms. COLLINS. Mr. President, I ask pened—many of them—because the in- Sometimes I am loud. I apologize. unanimous consent that the pending telligence community found it difficult Mr. LIEBERMAN. Have a good week- amendments be set aside so that other to work through the maze of bureauc- end. amendments can be considered. racies that already exist in what we Mr. STEVENS. Mr. President, if the The PRESIDING OFFICER. Without have today. Senator will yield, Senator BYRD and I objection, it is so ordered. Adding more to this bureaucracy have asked and urged all chairmen and Ms. COLLINS. I suggest the absence only serves to exacerbate intelligence- ranking members of the appropriations of a quorum. gathering problems, not help them. subcommittees to start conferencing The PRESIDING OFFICER. The Proliferation of government panels, the substance of their bills with the clerk will call the roll. boards, agencies, and ombudsman is House. The assistant legislative clerk pro- not the answer. We need to resolve our differences ceeded to call the roll. There are six sections of the bill, in- now, before the recess next week, if Mr. SESSIONS. Mr. President, I ask cluding four offices, a board, and still possible. We have a short period of unanimous consent that the order for more additional officers, all tasked time when we come back. The con- the quorum call be rescinded. with the same bureaucratic manage- tinuing resolution will expire Novem- The PRESIDING OFFICER (Mr. ment responsibility: No, 1, section 126, ber 20. KYL). Without objection, it is so or- officer for civil rights and civil lib- I conferred with the chairman of the dered. erties of the national intelligence au- House Appropriations Committee, Mr. SESSIONS. Mr. President, I thority; No. 2, section 127, privacy offi- Chairman BILL YOUNG. He agrees that thank Senator COLLINS and Senator cer of the national intelligence author- something needs to be done while we LIEBERMAN for their hard work on this ity; No. 3, under section 141, the inspec- are gone. I don’t know if it is possible, bill. tor general of the national intelligence but I hope the Senate and House staff I called one of my Democratic col- authority; No. 4, ombudsman of the na- will do their best to work with the leagues who has been around this body tional intelligence authority; No. 5, chairmen and ranking members of the for a long time. I didn’t know whether section 211, the privacy and civil lib- subcommittees on their recommenda- it was a good bill; he said he didn’t ei- erties oversight board; and under sec- tions and make sure we have them ther. It certainly has good intent. I tion 212, the privacy and civil liberties available when we come back on No- certainly believe that improving our officers. vember 16. There will be no time to do intelligence is of important national That is quite a bit of bureaucracy, such preliminary conferencing when we interest. and I know the Presiding Officer is con- get back. I want to be supportive of this bill, cerned. At best, we will have 5 days to get but I do think it is important that we We have four new offices added to the something out of conference and re- keep an eye on it because we have national intelligence authority, a solve the issues and pass a conference learned in the past that bills with lan- board added to the Executive Office of report of some kind to deal with as guage that may sound good at the mo- the President, and additional officers many bills as we can handle. That is a ment, may not be what is best for the added to the various offices within the tall order. country. We may find out that very intelligence agency, all virtually with October 1, 2004 CONGRESSIONAL RECORD — SENATE S10237 unrestrained management responsibil- their shoulder every time they do the board mentioned in section 211, and ities. something that might blow up and the officers mentioned in section 212. I don’t believe this is what the 9/11 then their career would be ruined. I The Inspectors General of the CIA and Commission had in mind. In fact, the feel strongly about this issue. I hope the Defense Department are made du- 9/11 Commission uses the words ‘‘pri- we can focus on it more clearly. plicative officers to the IG in Section vacy’’, ‘‘civil rights’’, and ‘‘civil lib- If you look through the offices that 141. And it can have the effect of not erties’’ 23 times in the 567-page docu- would be created in this bill, they are only creating excess officers and ex- ment. We have marked with blue tabs duplicative and have many problems pense, but also creating competition the references to these terms. The with them. For example, the officer for and undermining the initiative of the Commission was concerned about it civil rights and civil liberties, in sec- agency in question. and wanted to make sure we had the tion 126 of the bill, is tasked with as- We want to be sure that civil rights right provisions to deal with it. They sisting the national intelligence direc- and civil liberties are protected. We confronted that issue and dealt with it tor in ensuring that the protection of want to be sure that American citizens seriously, mentioning it 23 times. civil rights and civil liberties is appro- are protected, not only their civil lib- How about the legislation before the priately incorporated in the policies erties, which we absolutely intend to Senate today? How about the legisla- and procedures under the national in- protect, but we want to protect their tion we now have under Collins- telligence authority. lives, their health, and their families Lieberman? It has fewer pages, only This official is also given oversight from people who do not share our val- 213. Yet it has 126 such references to authority and can ‘‘review, investigate, ues and have the goal to destroy us. the terms. Members can see the red and assess complaints and other infor- While I believe we can defend Amer- marks I put on there. They are the mation indicating possible abuses of ica with a high degree of fidelity to the marks that show references to these civil rights and civil liberties’’ in the liberties and freedoms we cherish, I issues. The whole report is chock full administration of and relationships also know one of the biggest problems of detail on this. among the National Intelligence Au- we have had is the timidity and the re- Of course, we know what our prob- thority, unless the NIA’s Inspector straint that people feel who work in lems were with intelligence. We did not General determines that the IG can our intelligence community. have enough linguists. We did not focus better review the matter—basically, For example, I see Senator KYL is the enough on human intelligence. We had they have to take over the matter. Presiding Officer. He, for years, recog- too much bureaucracy because of the Here the officer is given powerful au- nized the terrible impact on the intel- wall between CIA and FBI intelligence thority to conduct as many investiga- ligence-gathering process that resulted that was thought being shared around tions into any area of the NIA as the from legislation—well intentioned— the world. Those are the real problems, officer chooses, all without having to that constrained the ability of CIA not how much oversight we might cre- get the agreement or approval of any- agents and other agents of this United ate and make it even more difficult for one. Only the IG, the Inspector Gen- States from dealing with a person who our agents to function without fear eral, could intervene, and then basi- had a criminal record. These agents that somebody will second-guess what- cally only to take over the investiga- were prohibited from dealing with ever they might do in areas of the tion. So this section provides for a these disreputable people. Well, many world where their very lives could be at powerful officer who could prove to be of the people who have the critical, life stake and, indeed, are at stake. disruptive to the goals of the NID. or death information may have a rep- The legislation before the Senate While protecting and defending civil utation or conviction in some country mentions the terms six times as much liberties is an important factor for our around the world of doing bad things. as the 9/11 Commission. The 9/11 Com- Nation, granting an officer free, unfet- We know, after hearings, and after mission recommended a single—one— tered, and unchecked authority to tie much debate on this floor, Senator KYL civil liberties oversight board. It cer- up intelligence operations and analysis eventually got that reversed. But it tainly did not recommend numerous through investigations is not the goal was late. We lost a lot. layers of bureaucracy throughout the of intelligence reform, or the intention The real problem with that con- intelligence community. These, I am of the 9/11 Commission. straint on intelligence gathering was afraid, would undermine or distract our The Inspector General, is checked that agents themselves said: ‘‘OK, they ability to protect our security in this ‘‘from initiating, carrying out, or com- don’t want me to do this. I am not country. pleting any investigation, inspection, going to do it. I am not going to take I think one of our fears with regard or audit if the Director determines a chance. I am not going to deal with to intelligence and national security, that such prohibition is necessary to somebody who might have a criminal as Senator KYL has so eloquently men- protect vital national security inter- record because it may come back to tioned, is timidity, a concern that our ests of the United States.’’ The Inspec- haunt me, and they will haul me before agents around the world, who are tor General is constrained by the na- the Church Committee or some other working to find those people who want tional security interests of the United such committee and embarrass me and to do us harm before they actually do States, but not this new officer for my family and undermine my career us harm, identify them, could make a Civil Rights and Liberties. That officer and record in this agency. I am not mistake resulting in criticism and pun- should be subject to similar con- going to take a chance.’’ ishment. Timidity can be damaging to straints. That is what we know happened. It our work. That is the problem I am Secondly, there is a privacy officer was not a good thing. We fixed that, concerned about. We need to create a provided for in section 127. That officer just as we fixed the wall between the system that promotes courage, innova- is tasked with coordinating with the FBI and CIA. These laws sounded like a tion, and creativity on the part of our officer of civil rights and civil respon- good idea at the time to those who agents. sibilities to ensure that privacy poli- passed them. And, I am not saying peo- When somebody does something new cies are upheld. This person will con- ple were not sincere about it. But the and creative, occasionally things do duct ‘‘privacy impact assessments net result was, we created timidity, not turn out the way you would like. when appropriate or as required by pockets of information, and stovepipes, Certainly in the intelligence field, that law.’’ Once again, the bill grants unre- that did not share information between is so. I used to be a Federal prosecutor. strained access and power to a person one another. As a result, there may We would use undercover operatives, to check up on the national intel- have been a possibility, had that not and we would do things, such as put re- ligence director and the intelligence been in existence, that we could have corders on them. All kinds of things community. This superfluous manage- protected better the lives and fortunes could happen, and sometimes things ment could be a handicap to our intel- of American citizens. went astray. But, you want to encour- ligence-gathering activities. It is some- I thank Chairman COLLINS and Sen- age agents to try to do the kinds of op- thing I am concerned about. ator LIEBERMAN and the people who erations that work, not want them in We also have in this bill an Inspector have worked on this. I believe we do fear that somebody is looking over General for the NIA, an ombudsman, need to strengthen our intelligence S10238 CONGRESSIONAL RECORD — SENATE October 1, 2004 community, but there are a number of ated by Congress for the Department of terrorism—the all-important battle things in this legislation that cause me Homeland Security. There is both a that our Nation faces—to uphold and great concern. We need to be realistic, civil liberties officer and a privacy offi- protect the very liberties and freedom to work in a way that protects the cer. The creation of similar officers on which this Nation was founded and great traditions of freedom and liberty within the Department of Homeland for which we are fighting today. We in this country, but also protects the Security is a good example of how need to make sure that as we strength- lives and safety of our families and our these officers can assist the Depart- en the power of Government, we do not communities. ment in considering relevant issues infringe upon the civil liberties and the I thank the Chair and yield the floor. without compromising our efforts to privacy of law-abiding Americans. I be- The PRESIDING OFFICER. The Sen- protect the homeland. lieve the provisions in this bill help to ator from Maine. The Department has found that hav- strike the right balance. Ms. COLLINS. Mr. President, I appre- ing those two officials has helped them Let me complete my remarks on this ciate the Senators from Arizona and strike the right balance as they pursue issue by pointing out that the 9/11 Alabama bringing forward their new policies. The Department has Commission has endorsed the board amendments today, but I have a num- found that the work of these officials created by this bill. I know the Senator ber of concerns about them. at DHS has not hindered its implemen- from Alabama has suggested a different The proposed amendments strike an tation of programs and activities but, version of a civil liberties board. officer for civil rights and civil lib- rather, has improved them. By pro- In testimony before the House Gov- erties and a privacy officer for the new viding advice and counsel as policies ernment Reform Committee, two of our national intelligence authority. The and programs are being developed, they commissioners—and I would note it amendment also strikes provisions re- help the Department address privacy was bipartisan; it was a Republican quiring that a senior official be des- and civil liberties concerns at the front commissioner and a Democratic com- ignated in certain departments and end and minimize the possibility of missioner—said: agencies who would be responsible for having to respond to real problems A civil liberties board of the kind we rec- privacy and civil liberties issues. And after a policy or program that didn’t ommend can be found in the Collins- finally, the amendment changes the take into account privacy implications Lieberman bill in the Senate. authority of the privacy and civil lib- or civil liberties implications has al- I thank the Chair. erties oversight board by removing its ready been put into place. The PRESIDING OFFICER. The Sen- subpoena authority. I particularly I would have been more sympathetic ator from Connecticut. want to address that last point, be- to the amendment if the Senators had Mr. LIEBERMAN. Mr. President, I cause I think there is a misunder- made the argument that perhaps in thank my friend, the Chair, and the standing on the extent of the subpoena this much smaller unit those two offi- Senator from Alabama for introducing authority and to whom it applies. cials could be combined into one posi- these amendments. In the wake of the terrorist attacks tion so that we could have one official I understand their concerns very on September 11, during his joint ad- for both privacy and civil liberties. well. They have raised some reasonable dress to the Congress, the President That might be a possible compromise. and direct questions. I want to attempt called on all Americans to: It is one about which I would have to at this moment to try to reassure . . . uphold the values of America and re- talk with the other sponsor of the bill. them, which is to say there is nothing member why so many have come here. We’re But that might be a way to respond to in this underlying bill intended to, or in a fight for our principles and our first re- a concern that I know the Presiding Of- that I can see, restrict the capacity or sponsibility is to live by them. ficer has about excessive positions or the mobility of people working in our Similarly, the 9/11 Commission con- bureaucracies. intelligence community to operate to cluded in its report that we must find I want to speak particularly to the protect us. The board that is created is ways of reconciling security with lib- subpoena issue. The subpoena power intended to, as I see it, do a broad re- erty since the success of one helps pro- provided in this bill to the civil lib- view of policies before policies are or- tect the other. The choice between se- erties board applies only to persons dered or issued, to consult with the curity and liberty is a false choice, as other than departments, agencies, and policymakers, and afterward to do a re- nothing is more likely to endanger elements of the executive branch. I view. I don’t think there is any basis America’s liberties than the success of want to repeat that. While the bill does for feeling that if somebody felt their a terrorist attack at home. authorize the board to have access to liberties were violated by a particular The Commission went on to state executive department and agency ma- action of a particular agency or intel- that while protecting our homeland, terials and personnel, where appro- ligence person or officer, they could ap- Americans should be mindful of the priate, there is no subpoena power. peal to this board. So the intent is not threats to vital personal and civil lib- There is no enforcement mechanism in to second-guess or create a place where erties. The shift of power and authority the bill. That leaves compliance in the there can be second-guessing of indi- to the Government calls for an en- hands of the relevant department or vidual cases, individual decisions. hanced system of checks and balances agency head. The subpoena power only Therefore, to avoid what the Senator to protect the precious liberties that applies to outside entities, not to Gov- from Alabama and the Senator from are vital to our way of life. ernment agencies or officials. Arizona, I think quite understandably, In response to these concerns, the So the provisions of this subpoena worry about, a climate of risk aver- Commission recommended that at this authority do not allow the scenario sion—you don’t want that to happen— time of increased and consolidated brought forth by some of the sponsors you want these people to be aggressive, Government authority, there should be of this amendment in which they raise fearless, and not risk averse. a board within the executive branch to the specter of the civil liberties board As a matter of fact, all of the discus- oversee adherence to the guidelines the being able to subpoena a CIA case offi- sion we have had in another context Commission recommends and the com- cer. That is not allowed under this bill. about the bill, which is about encour- mitment of our Government to protect Moreover, the subpoena authority in aging competitive analyses and the so- civil liberties. this bill is narrower, much more cir- called red team concepts—and we set To respond to these recommenda- cumscribed, than the authority that is up an audit review section to do qual- tions and the concerns that we fight given to inspectors general throughout ity control—it is all about making sure this war against terrorism without sac- the Federal Government who do have people don’t get in a group-think or rificing the values that define us as the ability to subpoena documents and that they get risk averse, but that they Americans, S. 2845 establishes the two individuals for information within the be bold and opinionated and they come officers, one for civil rights and one for Federal Government. I wanted to cor- up with the best result for us. privacy, to assist the national intel- rect that misunderstanding on the sub- The other thing I want to say about ligence director on issues that may af- poena power. the privacy and civil liberties offices is fect civil liberties and privacy. These We have a responsibility, as we con- that, as Senator COLLINS said, we took officials are modeled after those cre- tinue to improve our capacity to fight this model—and I urge us to think October 1, 2004 CONGRESSIONAL RECORD — SENATE S10239 about this—from the Department of TITLE IV—OTHER MATTERS way, structure, property, or appurtenance Homeland Security, which has both SEC. 401. VISA REQUIREMENTS. used in the operation of, or in support of the privacy and civil liberties advisers in Section 222 of the Immigration and Nation- operation of, a railroad carrier, without pre- it. I will give you a couple of quotes as ality Act (22 U.S.C. 1202) is amended by add- viously obtaining the permission of the rail- ing at the end the following new subsection: road carrier, and with intent to, or knowing to early reports. Asa Hutchinson, or having reason to know such activity Under Secretary for Border and Trans- ‘‘(h) Every alien applying for a non- immigrant visa shall, prior to obtaining such would likely, derail, disable, or wreck rail- portation Security at the Department visa, swear or affirm an oath stating that— road on-track equipment; of Homeland Security, testified at the ‘‘(1) while in the United States, the alien ‘‘(B) garage, terminal, structure, track, Judiciary Committee last month talk- shall, adhere to the laws and to the Constitu- electromagnetic guideway, supply, or facil- ing about the agency’s existing privacy tion of the United States; ity used in the operation of, or in support of officer. He said: ‘‘(2) while in the United States, the alien the operation of, a mass transportation vehi- will not attempt to develop information for cle, without previously obtaining the permis- Here in DHS, we can show the effectiveness sion of the mass transportation provider, and of a strong privacy officer at the agency the purpose of threatening the national secu- rity of the United States or to bring harm to with intent to, or knowing or having reason level and the success that is achievable only to know such activity would likely, derail, any citizen of the United States; through direct integration of privacy protec- disable, or wreck a mass transportation vehi- ‘‘(3) the alien is not associated with a ter- tions in operational work. Privacy is an cle used, operated, or employed by a mass rorist organization; issue that stretches across the entire govern- transportation provider; or ‘‘(4) the alien has not and will not receive ment and as we continue to look at govern- ‘‘(C) structure, supply, or facility used in any funds or other support to visit the ment-wide approaches to privacy, it is also the operation of, or in the support of the op- United States from a terrorist organization; important to see how productive agency- eration of, a passenger vessel, without pre- ‘‘(5) all documents submitted to support level privacy protections are. viously obtaining the permission of the the alien’s application are valid and contain owner of the passenger vessel, and with in- That sounds to me like a good, truthful information; healthy dialog has been created in tent to, or knowing or having reason to ‘‘(6) while in the United States, the alien know that such activity would likely disable which privacy is being considered but will inform the appropriate authorities if the or wreck a passenger vessel; not standing in the way of that Depart- alien is approached or contacted by a mem- ‘‘(4) removes an appurtenance from, dam- ment protecting our security. ber of a terrorist organization; and ages, or otherwise impairs the operation of a I will also quote from Secretary ‘‘(7) the alien understands that the alien’s railroad signal system or mass transpor- visa shall be revoked and the alien shall be tation signal or dispatching system, includ- Ridge, who noted the important role of removed from the United States if the alien the same office in providing what he ing a train control system, centralized dis- is found— patching system, or highway-railroad grade called ‘‘proactive legal and policy ad- ‘‘(A) to have acted in a manner that is in- crossing warning signal, without authoriza- vice to senior leadership in the Depart- consistent with this oath; or tion from the rail carrier or mass transpor- ment and its components.’’ He cited ‘‘(B) provided fraudulent information in tation provider; the office’s success in working with the order to obtain a visa.’’. ‘‘(5) with intent to endanger the safety of Border and Transportation Security AMENDMENT NO. 3873 any passenger or employee of a railroad car- Directorate ‘‘to craft positive policy (Purpose: To protect railroad carriers and rier, owner of a passenger vessel, or mass changes in response to the issues raised mass transportation from terrorism) transportation provider or with a reckless by the DOJ Inspector General’s report At the end of the bill, insert the following: disregard for the safety of human life, inter- feres with, disables, or incapacitates any dis- SEC. ll. RAILROAD CARRIERS AND MASS on the 9/11 immigration detainees,’’ patcher, driver, captain, locomotive engi- and in ‘‘develop[ing] policies to estab- TRANSPORTATION PROTECTION ACT OF 2004. neer, railroad conductor, or other person lish DHS as a model employer for peo- (a) SHORT TITLE.—This section may be while the person is employed in dispatching, ple with disabilities . . . ’’—it goes on cited as the ‘‘Railroad Carriers and Mass operating, or maintaining railroad on-track about helping to implement President Transportation Protection Act of 2004’’. equipment, a passenger vessel, or a mass Bush’s recent Executive order. (b) IN GENERAL.—Chapter 97 of title 18, transportation vehicle; I have great respect for my col- United States Code, is amended by striking ‘‘(6) engages in conduct, including the use of a dangerous weapon, with the intent to leagues and friends who introduced this sections 1992 through 1993 and inserting the following: cause death or serious bodily injury to any amendment. I understand their concern person who is on the property of a railroad ‘‘§ 1992. Terrorist attacks and other violence and I hope in some small way through carrier, owner of a passenger vessel, or mass against railroad carriers, passenger vessels, what I have said I can alleviate the transportation provider that is used for rail- and against mass transportation systems concerns they have. road or mass transportation purposes; on land, on water, or through the air I thank the Chair and yield the floor. ‘‘(7) conveys false information, knowing ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a the information to be false, concerning an The PRESIDING OFFICER. The Sen- circumstance described in subsection (c), ator from Alabama is recognized. attempt or alleged attempt that was made, knowingly— is being made, or is to be made, to engage in AMENDMENTS NOS. 3928, 3873, 3871, AND 3870, EN ‘‘(1) wrecks, derails, sets fire to, or disables a violation of this subsection; or BLOC railroad on-track equipment, a passenger ‘‘(8) attempts, threatens, or conspires to Mr. SESSIONS. Mr. President, I ask vessel, or a mass transportation vehicle; engage in any violation of any of paragraphs unanimous consent that the pending ‘‘(2) with intent to endanger the safety of (1) through (7); any passenger or employee of a railroad car- amendment be set aside, and I call up shall be fined under this title or imprisoned rier, passenger vessel, or mass transpor- not more than 20 years, or both. amendments Nos. 3928, 3873, 3871, 3870, tation provider, or with a reckless disregard ‘‘(b) AGGRAVATED OFFENSE.—Whoever com- and ask for their immediate consider- for the safety of human life, and without pre- mits an offense under subsection (a) in a cir- ation. viously obtaining the permission of the rail- cumstance in which— The PRESIDING OFFICER. Is there road carrier, mass transportation provider, ‘‘(1) the railroad on-track equipment, pas- objection? or owner of the passenger vessel— senger vessel, or mass transportation vehicle Without objection, it is so ordered. ‘‘(A) places any biological agent or toxin, was carrying a passenger or employee at the destructive substance, or destructive device time of the offense; The clerk will report. in, upon, or near railroad on-track equip- ‘‘(2) the railroad on-track equipment, pas- The legislative clerk read as follows: ment, a passenger vessel, or a mass transpor- senger vessel, or mass transportation vehicle The Senator from Alabama [Mr. SESSIONS] tation vehicle; or was carrying high-level radioactive waste or proposes amendments numbered 3928, 3873, ‘‘(B) releases a hazardous material or a bio- spent nuclear fuel at the time of the offense; 3871, and 3870, en bloc. logical agent or toxin on or near the prop- ‘‘(3) the railroad on-track equipment, pas- erty of a railroad carrier, owner of a pas- senger vessel, or mass transportation vehicle Mr. SESSIONS. Mr. President, I ask senger vessel, or mass transportation pro- was carrying a hazardous material at the unanimous consent that further read- vider; time of the offense that— ing of the amendments be dispensed ‘‘(3) sets fire to, undermines, makes un- ‘‘(A) was required to be placarded under with. workable, unusable, or hazardous to work on subpart F of part 172 of title 49, Code of Fed- The amendments are as follows: or use, or places any biological agent or eral Regulations; and toxin, destructive substance, or destructive ‘‘(B) is identified as class number 3, 4, 5, AMENDMENT NO. 3928 device in, upon, or near any— 6.1, or 8 and packing group I or packing (Purpose: To require aliens to make an oath ‘‘(A) tunnel, bridge, viaduct, trestle, track, group II, or class number 1, 2, or 7 under the prior to receiving a nonimmigrant visa) electromagnetic guideway, signal, station, hazardous materials table of section 172.101 At the end add the following new title: depot, warehouse, terminal, or any other of title 49, Code of Federal Regulations; or S10240 CONGRESSIONAL RECORD — SENATE October 1, 2004 ‘‘(4) the offense results in the death of any ‘‘(9) the term ‘public safety officer’ has the TITLE IV—IMMIGRATION ENFORCEMENT person; meaning given such term in section 1204 of SEC. 401. FEDERAL AFFIRMATION OF STATE AND shall be fined under this title or imprisoned the Omnibus Crime Control and Safe Streets LOCAL ASSISTANCE IN ENFORCE- for any term of years or life, or both. In the Act of 1968 (42 U.S.C. 3796b); MENT OF FEDERAL IMMIGRATION case of a violation described in paragraph (2), ‘‘(10) the term ‘railroad on-track equip- LAWS. the term of imprisonment shall be not less ment’ means a train, locomotive, tender, (a) IN GENERAL.—Notwithstanding any than 30 years; and, in the case of a violation motor unit, freight or passenger car, or other other provision of law and reaffirming the described in paragraph (4), the offender shall on-track equipment used, operated, or em- existing inherent authority of States, law be fined under this title and imprisoned for ployed by a railroad carrier; enforcement personnel of a State or a polit- life and be subject to the death penalty. ‘‘(11) the term ‘railroad’ has the meaning ical subdivision of a State have the inherent ‘‘(c) CRIMES AGAINST PUBLIC SAFETY OFFI- given to that term in chapter 201 of title 49; authority of a sovereign entity to inves- CER.—Whoever commits an offense under ‘‘(12) the term ‘railroad carrier’ has the tigate, apprehend, arrest, detain, or transfer subsection (a) that results in death or seri- meaning given to that term in chapter 201 of to Federal custody aliens in the United ous bodily injury to a public safety officer title 49; States (including the transportation of such while the public safety officer was engaged ‘‘(13) the term ‘serious bodily injury’ has aliens across State lines to detention cen- in the performance of official duties, or on the meaning given to that term in section ters), in the course of carrying out their rou- account of the public safety officer’s per- 1365; tine duties for the purpose of assisting in the formance of official duties, shall be impris- ‘‘(14) the term ‘spent nuclear fuel’ has the enforcement of the immigration laws of the oned for a term of not less than 20 years and, meaning given to that term in section 2(23) United States. if death results, shall be imprisoned for life of the Nuclear Waste Policy Act of 1982 (42 (b) CONSTRUCTION.—Nothing in this section and be subject to the death penalty. U.S.C. 10101(23)); shall be construed to require law enforce- ‘‘(d) CIRCUMSTANCES REQUIRED FOR OF- ‘‘(15) the term ‘State’ has the meaning ment officers of a State or political subdivi- FENSE.—A circumstance referred to in sub- given to that term in section 2266; section (a) is any of the following: sion of a State to— ‘‘(16) the term ‘toxin’ has the meaning ‘‘(1) Any of the conduct required for the of- (1) report the identity of victims of, or wit- given to that term in section 178(2); fense is, or, in the case of an attempt, threat, nesses to, a criminal offense to the Secretary ‘‘(17) the term ‘vehicle’ means any carriage or conspiracy to engage in conduct, the con- of Homeland Security; or or other contrivance used, or capable of duct required for the completed offense (2) arrest such victims or witnesses for im- being used, as a means of transportation on would be, engaged in, on, against, or affect- migration violations. land, on water, or through the air; and ing a mass transportation provider, owner of SEC. 402. LISTING OF IMMIGRATION VIOLATORS ‘‘(18) the term ‘passenger vessel’ has the a passenger vessel, or railroad carrier en- IN THE NATIONAL CRIME INFORMA- meaning given that term in section 2101(22) TION CENTER DATABASE. gaged in or affecting interstate or foreign of title 46, United States Code, and includes commerce. (a) PROVISION OF INFORMATION TO NCIC.— a small passenger vessel, as that term is de- ‘‘(2) Any person travels or communicates (1) IN GENERAL.—Not later than 180 days fined under section 2101(35) of that title.’’. across a State line in order to commit the of- after the date of enactment of this Act, and fense, or transports materials across a State (c) CONFORMING AMENDMENTS.— continually thereafter, the Under Secretary line in aid of the commission of the offense. (1) TABLE OF SECTIONS.—The table of sec- for Border and Transportation Security of ‘‘(e) NONAPPLICABILITY.—Subsection (a) tions at the beginning of chapter 97 of title the Department of Homeland Security shall does not apply to the conduct with respect to 18, United States Code, is amended— provide the National Crime Information Cen- a destructive substance or destructive device (A) by striking ‘‘RAILROADS’’ in the chap- ter of the Department of Justice with such that is also classified under chapter 51 of ter heading and inserting ‘‘RAILROAD CAR- information as the Under Secretary may title 49 as a hazardous material in commerce RIERS AND MASS TRANSPORTATION SYS- have on— if the conduct— TEMS ON LAND, ON WATER, OR THROUGH (A) all aliens against whom a final order of ‘‘(1) complies with chapter 51 of title 49 and THE AIR’’; removal has been issued; regulations, exemptions, approvals, and or- (B) by striking the items relating to sec- (B) all aliens who have signed a voluntary ders issued under that chapter, or tions 1992 and 1993; and departure agreement; and ‘‘(2) constitutes a violation, other than a (C) by inserting after the item relating to (C) all aliens whose visas have been re- criminal violation, of chapter 51 of title 49 or section 1991 the following: voked. a regulation or order issued under that chap- ‘‘1992. Terrorist attacks and other violence (2) CIRCUMSTANCES.—The information de- ter. against railroad carriers and scribed in paragraph (1) shall be provided to ‘‘(f) DEFINITIONS.—In this section— against mass transportation the National Crime Information Center re- ‘‘(1) the term ‘biological agent’ has the systems on land, on water, or gardless of whether— meaning given to that term in section 178(1); through the air.’’. (A) the alien received notice of a final ‘‘(2) the term ‘dangerous weapon’ means a order of removal; or (2) TABLE OF CHAPTERS.—The table of chap- (B) the alien has already been removed. weapon, device, instrument, material, or ters at the beginning of part I of title 18, (b) INCLUSION OF INFORMATION IN NCIC substance, animate or inanimate, that is United States Code, is amended by striking DATABASE.—Section 534(a) of title 28, United used for, or is readily capable of, causing the item relating to chapter 97 and inserting States Code, is amended— death or serious bodily injury, including a the following: pocket knife with a blade of less than 21⁄2 (1) in paragraph (3), by striking ‘‘and’’ at inches in length and a box cutter; ‘‘97. Railroad carriers and mass trans- the end; ‘‘(3) the term ‘destructive device’ has the portation systems on land, on (2) by redesignating paragraph (4) as para- meaning given to that term in section water, or through the air ...... 1991’’. graph (5); and 921(a)(4); (3) CONFORMING AMENDMENTS.—Title 18, (3) by inserting after paragraph (3) the fol- ‘‘(4) the term ‘destructive substance’ United States Code, is amended— lowing: means an explosive substance, flammable (A) in section 2332b(g)(5)(B)(i), by striking ‘‘(4) acquire, collect, classify, and preserve material, infernal machine, or other chem- ‘‘1992 (relating to wrecking trains), 1993 (re- records of violations of the immigration laws ical, mechanical, or radioactive device or lating to terrorist attacks and other acts of of the United States; and’’. material, or matter of a combustible, con- violence against mass transportation sys- (c) PERMISSION TO DEPART VOLUNTARILY.— taminative, corrosive, or explosive nature, tems),’’ and inserting ‘‘1992 (relating to ter- Section 240B(a)(2)(A) of the Immigration and except that the term ‘radioactive device’ rorist attacks and other acts of violence Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is does not include any radioactive device or against railroad carriers and against mass amended by striking ‘‘120’’ and inserting material used solely for medical, industrial, transportation systems on land, on water, or ‘‘30’’. research, or other peaceful purposes; through the air),’’; SEC. 403. FEDERAL CUSTODY OF ILLEGAL ALIENS ‘‘(5) the term ‘hazardous material’ has the (B) in section 2339A, by striking ‘‘1993,’’; APPREHENDED BY STATE OR LOCAL meaning given to that term in chapter 51 of and LAW ENFORCEMENT. title 49; (C) in section 2516(1)(c) by striking ‘‘1992 (a) IN GENERAL.—Section 241 of the Immi- ‘‘(6) the term ‘high-level radioactive waste’ (relating to wrecking trains),’’ and inserting gration and Nationality Act (8 U.S.C. 1231) is has the meaning given to that term in sec- ‘‘1992 (relating to terrorist attacks and other amended by adding at the end the following: tion 2(12) of the Nuclear Waste Policy Act of acts of violence against railroad carriers and ‘‘(j) CUSTODY OF ILLEGAL ALIENS.— 1982 (42 U.S.C. 10101(12)); against mass transportation systems on ‘‘(1) IN GENERAL.—If the chief executive of- ‘‘(7) the term ‘mass transportation’ has the land, on water, or through the air),’’. ficer of a State or, if appropriate, a political meaning given to that term in section AMENDMENT NO. 3871 subdivision of the State, exercising author- 5302(a)(7) of title 49, except that the term in- ity with respect to the apprehension of an il- cludes school bus, charter, and sightseeing (Purpose: To provide for enhanced Federal, legal alien submits a request to the Sec- transportation; State, and local enforcement of the immi- retary of Homeland Security that the alien ‘‘(8) the term ‘on-track equipment’ means gration laws) be taken into Federal custody, the Secretary a carriage or other contrivance that runs on On page 213, after line 12, add the fol- of Homeland Security— rails or electromagnetic guideways; lowing: ‘‘(A) shall— October 1, 2004 CONGRESSIONAL RECORD — SENATE S10241 ‘‘(i) not later than 48 hours after the con- very astute in the history and develop- If there was a discussion about how clusion of the State charging process or dis- ment of intelligence and his interest in to investigate a major drug gang, and missal process, or if no State charging or dis- the security of the United States is not the FBI didn’t cooperate with Customs missal process is required, not later than 48 surpassed in this body. I would say that hours after the illegal alien is apprehended, or the DEA was unhappy with Customs take the illegal alien into the custody of the my concerns are numerous about the or the FBI, the U.S. attorney could just Federal Government and incarcerate the legislation in general. Sometimes it is call up somebody in Washington and alien; or like when you are getting ready to buy say: Look, these guys are fighting over ‘‘(ii) request that the relevant State or that new car or new house and you get bureaucratic turf. We have a case we local law enforcement agency temporarily the pen in your hand and angst arises need to prosecute, and we need to work incarcerate or transport the illegal alien for because you are afraid to sign it. But together. It worked. The turf battles transfer to Federal custody; and when you do sign it, everything goes would end. Things happened in an ex- ‘‘(B) shall designate at least 1 Federal, along fine and it wasn’t nearly as bad traordinary way. There was no new bu- State, or local prison or jail, or a private as you thought. That could be what we contracted prison or detention facility, with- reaucracy established. That is all I am in each State as the central facility for that are dealing with. saying. No new entity was established State to transfer custody of the criminal or Also, maybe there are some reasons to create coopertion. illegal alien to the Secretary of Homeland to be concerned about buying this A number of years later, in order to Security. house or this automobile; perhaps be- obtain more coordination, Congress, ‘‘(2) REIMBURSEMENT.— cause it is a lemon. Maybe we don’t after much debating and ballyhoo, cre- ‘‘(A) IN GENERAL.—The Department of have the money. Maybe this isn’t the Homeland Security shall reimburse States ated a drug czar, and that was supposed best way to do it. I am concerned about to coordinate these activities. and political subdivisions for all reasonable governmental bureaucracy and the real expenses, as determined by the Secretary of The drug czar has some interesting possibility that we will make it worse. powers, and the model of the drug czar Homeland Security, incurred by a State or As a Federal prosecutor for 12 years, political subdivision in the incarceration and might not be bad for this entity, for I worked to try to coordinate all the transportation of an illegal alien as de- the challenge of improving our intel- Federal agencies involved—for exam- scribed in subparagraphs (A) and (B) of para- ligence capabilities. The drug czar has ple, in drug law enforcement. In Mo- graph (1). the responsibility to get with every de- ‘‘(B) COST COMPUTATION.—Compensation bile, AL, under the Treasury Depart- partment and agency of the Govern- provided for costs incurred under subpara- ment, you had the IRS and they would graphs (A) and (B) of paragraph (1) shall be do financial investigations of drug ment and to write, with their input, a the sum of— dealers. The Customs officers were at plan to fight drugs in America. He does ‘‘(i)(I) the average cost of incarceration of the ports and they did investigations of that. They all sign off on it. a prisoner per day in the relevant State, as drug dealers who shipped in through Then the drug czar, before the budget determined by the chief executive officer of request of each one of these agencies a State, or, as appropriate, a political sub- the ports. They had a lot of abilities— remarkable ability, really, to help in goes to the Office of Management and division of the State; multiplied by Budget, approves their budget, and if ‘‘(II) the number of days that the alien was those instances. You had the Depart- in the custody of the State or political sub- ment of Alcohol, Tobacco, and Fire- he concludes they are not funding or division; and arms, also part of Treasury. And ATF not asking for funds to carry out the ‘‘(ii) the cost of transporting the criminal often got involved in drug cases, al- agreement they signed, then he has the or illegal alien— though it didn’t have direct jurisdic- ability to object and block that budget. ‘‘(I) from the point of apprehension to the tion in such cases. On the other side, It eventually goes to the President if place of detention; and there is a dispute. But the drug czar ‘‘(II) if the place of detention and place of you had the Department of Justice, and you had the U.S. Marshal Service has quite a bit of power. It is a small custody are different, to the custody transfer office compared to the other major de- point. and, of course, the U.S. Attorney, FBI, ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— DEA, and Immigration Service. Then, partments and agencies in the Govern- There are authorized to be appropriated such before it went into Homeland Security, ment. We have to be careful with this sums as may be necessary to carry out para- the Coast Guard, a part of the Trans- legislation that we are not creating an- graph (2).’’. portation Department, which patrolled other layer of Government. AMENDMENT NO. 3870 the Gulf of Mexico and frequently Mr. McLaughlin, who was the Acting (Purpose: To make information sharing stopped boats loaded with drugs. They Director of the CIA before Mr. GOSS permanent under the USA PATRIOT ACT) were all independent agencies. I would was confirmed, appeared before Sen- At the appropriate place, insert the fol- try to get them to work together and ator WARNER’s Armed Services Com- lowing: at times it was very difficult, but we mittee. Chairman WARNER asked him a SEC. ll. PERMANENT INFORMATION SHARING. made great progress. number of questions. One of the things Section 224 of the USA PATRIOT ACT How did it happen that we made he said that was important to me as a (Public Law 107–56) is amended by— person who has been involved in deal- (1) striking ‘‘203(a), 203(c)’’ and inserting progress in cooperation during the ‘‘203’’; and years that I was an U.S. Attorney? I ing with Government agencies and (2) inserting ‘‘218,’’ after ‘‘216,’’. have thought about it. There was not knows how people pass the buck and Mr. SESSIONS. Mr. President, these any major reorganization. In fact, how they cover their own problems—all amendments deal with important mat- there was no real reorganization of the tendencies that are natural inclina- ters in a number of areas. I will provide Government. Ronald Reagan declared a tions of governmental entities—I have more information at the appropriate war on drugs, and, we had a war on been there; I know it—Mr. McLaughlin time about them. I just note that one drugs. It raised the attention level of said: I think we need to ask ourselves thing we certainly need to do—I believe every Government agency. He said that a couple of questions. One is, who will there is uniform agreement on this—is we will cooperate with one another. brief the President of the United States that the provisions that deal with the The Attorney General of the United on matters involving intelligence? Who wall between the FBI and CIA, basi- States, William French Smith, hired a is going to tell the President whether cally, between domestic enforcement young, aggressive, talented prosecutor there are weapons of mass destruction and foreign intelligence—that has been and made him third in command at the in Iraq? Right now, it is clear the CIA identified as one of the primary rea- Department of Justice, the associate Director does that. sons we did not coordinate our intel- Attorney General, and he directed him The second question is, who will be ligence effectively prior to 9/11—that to work with the U.S. attorneys and responsible if it is wrong? Today that that wall that we have temporarily re- every agency in the Government to is clear still. It is the CIA Director. moved be removed permanently. That make sure they cooperated and worked We do not have the same CIA Direc- is one of the provisions I suggested in together to deal with the war on drugs. tor that we did. He told the President these amendments that have been That young prosecutor, Mr. President, it was a slam dunk that WMD products called up. We will go into more detail is well known today. It was Rudy were in Iraq, and apparently they were as time goes by. Giuliani. He made things happen. Peo- not, or at least we have not found I thank Senator LIEBERMAN for his ple knew he spoke for the President them, which is more accurate. And he thoughtful comments, as always. He is and we made tremendous progress. no longer holds the office. S10242 CONGRESSIONAL RECORD — SENATE October 1, 2004 If we come up with a new organiza- for decades it will continue—and the (F) the authority of the Attorney General tion that organization leaves it less key to victory is intelligence and iden- under section 503 of title 28, United States clear who is responsible for stating the tifying these dangerous cells before Code; and intelligence situation of the United they attack us. (G) the authority of the heads of executive departments under section 301 of title 5, States to the President, and we make I think we are discussing an impor- United States Code. it even less clear who can be held re- tant issue. I thank the people who have On page 213, line 9, strike ‘‘352.’’ and insert sponsible, then we have not made worked so hard on it. I yield the floor. ‘‘353.’’. progress. The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I refer My colleagues say the national intel- ator from Virginia. to the September 28, 2004 Statement of Mr. WARNER. Mr. President, I wish ligence director can do it. He could. Administration Policy in which the ad- to compliment our distinguished col- Where does he get his information? Is ministration expresses their support league. He has spent a lot of time on he going to interview the CIA and then for the very able work of the distin- the Senate Armed Services Committee. repeat what the CIA told him to the guished chairman and ranking member He is very familiar with these proc- President? And then if he is wrong, will on S. 2845. he say: It wasn’t my fault; the CIA told esses and the people. However, equally important are a We can write the laws as best we can, me that? We get into a little bit of a number of items that were referred to but it comes down very often to those mess here. in this document called the SAP. I The idea of having an enhanced unifi- human relationships to which he re- draw the attention of my colleagues to cation of intelligence-gathering capa- ferred and this particular framework in the last paragraph. I shall read the bility and dissemination of intelligence the NID. Because the NID cannot, as first sentence: appeals to me very much. I remain the distinguished chairman has said, somewhat confused how we should do create a whole new department, he has The Administration notes that the Com- mittee bill did not include Section 6 (‘‘Pres- it, however. I just do not know what is to rely on subordinates who have direct ervation of Authority and Accountability’’) the best way to do it. line of authority over a lot of troops, of the Administration’s proposal. I so much appreciate the time Sen- but he is not going to have troops in I ask unanimous consent that the en- ator COLLINS and Senator LIEBERMAN the sense the Senator from Alabama tire paragraph from the SAP be printed have put into this legislation. I know it and I have used them for the depart- in its entirety in the RECORD. has many good things in it, but I am ments and agencies of the Government There being no objection, the mate- just not sure how much progress we as they function today. He is a step re- rial was ordered to be printed in the will have made when we do this be- moved. RECORD, as follows: cause we know what the real problems Those personal relationships with his are: we did not have enough linguists; immediate subordinates and advisers The Administration notes that the Com- mittee bill did not include Section 6 (‘‘Pres- we had legal walls between intelligence are going to be very important. I thank ervation of Authority and Accountability’’) agencies. We have taken those down. the Senator. of the Administration’s proposal; the Admin- At the President’s leadership and in- Mr. President, at this time, if it is istration supports inclusion of this provision sistence, we are bringing in more convenient to the managers, I will pro- in the Senate bill. The legislation should human intelligence, a critical need, ceed on an amendment. also recognize that its provisions would be and we are bringing in more foreign AMENDMENT NO. 3876 executed to the extent consistent with the language speakers at an incredible new Mr. WARNER. Mr. President, I send constitutional authority of the President: to rate. We are moving more aggressively conduct the foreign affairs of the United to the desk an amendment and ask for States; to withhold information the disclo- than we ever have against al-Qaida. its consideration. sure of which could impair the foreign rela- Three-fourths of them have been cap- The PRESIDING OFFICER. Without tions, the national security, deliberative tured or killed. We have made progress objection, the pending amendments are processes of the Executive, or the perform- all over the world. We have enhanced set aside. The clerk will report. ance of the Executive’s constitutional du- our partnerships with not only our The legislative clerk read as follows: ties; to recommended for congressional con- agencies within the United States but The Senator from Virginia [Mr. WARNER], sideration such measures as the President around the world. It is not appropriate for himself, Mr. STEVENS, and Mr. INOUYE, may judge necessary or expedient; and to su- to mention or talk about all the co- proposes an amendment numbered 3876. pervise the unitary executive. Mr. WARNER. Immediately following operation we are getting from agencies The amendment is as follows: it, I ask unanimous consent that sec- of other nations, foreign intelligence (Purpose: To preserve certain authorities tion 6 to which it refers, drawn from agencies. They are sharing with us and accountability in the implementation the policy statement forwarded by the much better. A lot of things are going of intelligence reform) administration in its efforts to give the well. On page 213, insert after line 8, the fol- I think it is fair to say the military lowing: very helpful advice and counsel to the feels the intensity of the leadership SEC. 352. PRESERVATION OF AUTHORITY AND AC- Senate—and I presume the House, as from the President on down has forced, COUNTABILITY. we are working on this matter—be such as Rudy Giuliani and President Nothing in this Act, or the amendments printed in the RECORD. made by this Act, shall be construed to im- Reagan did on the war on drugs, a lot There being no objection, the mate- pair and otherwise affect the authority of— rial was ordered to be printed in the better cooperation between intel- (1) the Director of the Office of Manage- RECORD, as follows: ligence entities today. The DOD people ment and Budget; or know the people in the CIA. CIA and (2) the principal officers of the executive SEC. 6. PRESERVATION OF AUTHORITY AND AC- COUNTABILITY. departments as heads of their respective de- the FBI are meeting daily with Home- Nothing in this Act or amendments made partments, including, but not limited to— land Security. And those people know by this Act shall be construed to impair or (A) the authority of the Secretary of State each other’s names. They have had otherwise affect the authority of: (1) the Di- under section 199 of the Revised Statutes (22 months of partnerships working to- rector of the Office of Management and U.S.C. 2651) and the State Department Basic Budget; or (2) the principal officers of the ex- gether. The system is working, and I Authorities Act; ecutive departments as heads of their respec- am afraid if we reorganize all this, it (B) the authority of the Secretary of En- tive departments, including, but not limited may look good on paper, but the per- ergy under title II of the Department of En- to, under section 199 of the Revised Statutes sonal relationships that have caused ergy Organization Act (42 U.S.C. 7131); (22 U.S.C. 2651), Title II of the Department of (C) the authority of the Secretary of confidence to be built up may be under- Energy Organization Act (42 U.S.C. 7131), the Homeland Security under section 102(a) of mined. If that were to happen, in the State Department Basic Authorities Act of the Homeland Security Act of 2002 (6 U.S.C. middle of a war, we would not be proud 1956, as amended, section 102(a) of the Home- 112(a)); of ourselves. land Security Act of 2002 (6 U.S.C. 112(a)), (D) the authority of the Secretary of De- I thank the Chair. Those are and sections 301 of title 5, 113(b) and 162(b) of fense under sections 113(b) and 162(b) of title title 10, 503 of title 28, and 301(b) of title 31, thoughts and concerns I have. I love 10, United States Code; United States Code. this country. I know we are in a dan- (E) the authority of the Secretary of the gerous period. This struggle against Treasury under section 301(b) of title 31, Mr. WARNER. The amendment which terrorism will continue for decades— United States Code; the Senator has drawn here, myself, October 1, 2004 CONGRESSIONAL RECORD — SENATE S10243 Senator STEVENS, and Senator INOUYE telligence reform on August 2, 2004. He Mr. LIEBERMAN. Well, I think we as cosponsors, we have lifted essen- said: The national intelligence director should reason together a little bit on tially the language of that into the will work with the respective agencies this. In other words, I am concerned, in amendment such that the administra- to set priorities, but let me make it the broadest reading of this, this tion’s request in that SAP document is also very clear that when it comes to amendment could be read to undercut met. operations, the chain of command will everything else the bill does. I do not In support for the action I am taking, be intact. When the Defense Depart- believe the Senator would intend to do I refer as follows: The President made ment is conducting operations to se- that. two basic decisions with respect to in- cure the homeland, there will be noth- Mr. WARNER. That is not my inten- telligence reform designed to imple- ing between the Secretary of Defense tion. ment the 9/11 Commission rec- and me. Mr. LIEBERMAN. Right. But only, if ommendations. First, he decided that Consequently, I would add one other I understand it, to protect the author- the national intelligence director thought. The chief of staff thereafter ity of the departments except as we should have ‘‘full budget authority’’ echoed on the quote: We do not want to specifically alter them in the bill. with respect to the national foreign in- do anything that would undermine the So, for instance, the national intel- telligence program. The bill before us chain of command and the responsibil- ligence director will have certain budg- contains a number of provisions in- ities that go with the Department of et authorities or transfer authorities tended to carry out that decision. Defense, Director of the Central Intel- under the bill, as it exists, which do Second, the President made an equal- ligence Agency, the Secretary of the alter the authority of some of those ly important decision that the heads of Homeland Security Department, and constituent departments—State, En- the departments should continue to be other intelligence agencies, the Attor- ergy, Homeland Security, Defense, et in charge of and therefore continue to ney General, for example. cetera. I would not want this language be accountable for the performance of I am certain they meant to include to obviate the impact of all of those their respective departments. the Department of State. changes. This amendment I have submitted This amendment carries out that ob- Mr. WARNER. Yes, but let’s work would carry out the second Presi- jective. around it and be very mindful of the dential goal. I would be interested in the com- President’s language. He said: Equally The language of the amendment, as I ments of the chairman and the ranking important that the heads of the depart- said, is virtually identical to the lan- member, and I yield the floor. ments should continue to be in charge guage of the administration’s proposal The PRESIDING OFFICER. The Sen- of and therefore continue to be ac- which I have now placed into the ator from Connecticut. countable for the performance of their Mr. LIEBERMAN. Mr. President, RECORD. respective departments. The amendment makes clear that the taking a look at this amendment, I say Mr. LIEBERMAN. Right. principal officers of the executive de- to my friend from Virginia it may be Mr. WARNER. Then I read his direct partments will remain as the organic that we can work this one out together quotation, which seems to me we have statutes, for their departments cur- because I believe we have a common in- translated into this amendment in rently provide the heads of their de- terest, which is by the changes we are good faith. partments with authority over and re- making in law, creating the national Mr. LIEBERMAN. If I might, I hear sponsibility for those departments. intelligence director, not to otherwise what the Senator is saying, and this The amendment also preserves the alter the authority of various depart- goes back to the debate we have had off existing authority of the Director of ment heads—State, Energy, Homeland and on over the 5 days in which we Office of Management and Budget with Security, Defense, et cetera, that the have been on the bill. Let us take the respect to the budget administrative Senator has enumerated—but clearly Department of Defense, because that is and legislative proposals. the underlying Collins-Lieberman bill a concern we have that has been ex- With this amendment, the bill would does alter some of those authorities by pressed. This was something we argued provide for a strong national intel- creating authority in the national in- with regard to the so-called Specter ligence director and would also ensure telligence director. amendment which would have created that the heads of executive depart- Except for that, I do not think there line authority in the national intel- ments remain accountable for the per- is any intention to otherwise undercut. ligence director over all the con- formance of their departments, includ- So the language is a bit worrisome on stituent intelligence agencies, includ- ing the intelligence elements of those first look, which is that nothing in the ing those in the Department of De- departments. act shall be construed to impair or oth- fense. Senator COLLINS and I argued we It seems to me that is essential. erwise affect the authority of these of- do not want to go that far. We want the Again, we come back to the basic con- ficers. Secretary of Defense to maintain line cept, we are not creating a new depart- Well, we do want to affect the au- authority over NSA, NRA and NGA. On ment of government. Consequently, the thority to the extent stated in the Col- the other hand, we do want—and we NID has to rely on the department lins-Lieberman proposal, but not other- may argue this on another amend- agency heads to perform their services, wise. ment—the national intelligence direc- Mr. WARNER. Mr. President, I would and to do that they have to be put into tor to be able to have the budget au- have to reflect on that because it a position of accountability. That ac- thority we give him and have the seems to me the Senator is trying to countability is essential to the smooth transfer authority, et cetera. have it both ways, and I am sure my operation of the goals of this particular Maybe we are heading in the same di- distinguished colleague would not be legislation. rection. I think this is one we can try A strong national intelligence direc- seeking that goal. to work out. Mr. LIEBERMAN. No, I am not. But tor and accountable heads of depart- Mr. WARNER. Obviously you tried to if I might say briefly— ments are compatible concepts. As part Mr. WARNER. Let me repeat that. I express the good intentions of trying to of their responsibility, heads of the de- did not have the microphone on. work this out. Certainly I desire to do partments will be accountable for en- Mr. LIEBERMAN. That should be on so. But we must be very careful, under suring faithful implementation by the record. the extraordinary circumstances under their departments’ intelligence ele- Mr. WARNER. I say that the distin- which this very important piece of leg- ments of the guidance and tasking guished Senator is trying to have it islation is being put together. I am issued by the national intelligence di- both ways. sure lots of work will take place over rector under such authority as may be Mr. LIEBERMAN. I want my denial the weekend, but Monday and Tuesday granted by the final draft of this legis- of that intention to also be in the are days in which certainly this bill, in lation. RECORD. its construction, is likely to be com- The President gave a very clear ex- Mr. WARNER. Fine. pleted. We have to be careful that we ample that illustrates the need for this So what is the proposal of the Sen- do not create gaps in it, where a de- amendment when he discussed the in- ator? partment head now can say: Look, the S10244 CONGRESSIONAL RECORD — SENATE October 1, 2004 bill took that authority away. If a are accountable for. That has to be (II) by inserting after subparagraph (A) the problem occurred, that is the NID’s thought through. following new subparagraph (B): problem. And then the NID says: Oh, Ms. COLLINS. Mr. President, obvi- ‘‘(B) The Director of the Defense Intel- no, that is your problem on your ac- ously we do want to preserve what is in ligence Agency.’’; and the bill. That is why we are doing the (E) in paragraph (2) of subsection (b), as so count. We just cannot have finger- redesignated— pointing when it comes to issues as im- bill. (i) by redesignating subparagraphs (B) and portant as our Nation’s intelligence. Mr. WARNER. I understand that. (C) as subparagraphs (C) and (D), respec- Mr. LIEBERMAN. Just a final word: Ms. COLLINS. If the intent of the tively; and We have been quite focused and specific Senator is to override the provisions of (ii) by inserting after subparagraph (A) the when we have granted authority to the the bill, then that would be a problem. following new subparagraph (B): national intelligence director. So, Mr. WARNER. We are trying to make ‘‘(B) The Director of the Defense Intel- certain just that undefined but all im- therefore, all the other authorities the ligence Agency.’’. portant concept of accountability re- (2)(A) The heading of such section is law gives to the various department mains. As you possibly take portions of amended by striking ‘‘consultation and’’. heads enumerated in the Senator’s the responsibility of department heads (B) The table of sections at the beginning amendment would not be affected. I see of subchapter II of chapter 8 of such title is away and give it to the NID, I want to amended in the item relating to section 201 that language—perhaps we should con- make sure, if something goes wrong, sult with the representatives of the by striking ‘‘consultation and’’. who is accountable. Mr. WARNER. Mr. President, earlier White House, too, to find out what We will work. I understand your per- today I engaged in a colloquy and sub- their particular concern was. spective, but I am not prepared, as yet, mitted the original form of this amend- We have amended the authority, or to accept that amendment. So we will ment. Subsequent thereto, I had the even affected the authority of the ex- lay this aside. I thank you. isting departments, along the margins Mr. President, I am prepared to go opportunity to consult with a number here. ahead with the other matter, if I of individuals. It is my desire now, ba- Mr. WARNER. I think that consulta- might. sically, to revise my amendment to comport with section 106 of the Presi- tion would be helpful. I have under- AMENDMENT NO. 3877, AS MODIFIED taken it in connection with this Mr. President, I would like at this dent’s proposal, which he forwarded to amendment. I believe my views are time to send to the desk a modification the Senate. That is entitled: consistent with theirs. But an awful lot to amendment No. 3877 by the Senator Appointment of officials responsible for in- of work has gone on now. It may be from Virginia. telligence-related activities. Requirement that there is some refinement that for National Intelligence Director concur- The PRESIDING OFFICER. The rence with respect to certain appointments, would further strengthen this. amendment is pending and is so modi- with respect to any positions that heads of For the moment, if the distinguished fied. agency or organization within the intel- chairman wishes to speak, I will be The amendment (No. 3877), as modi- ligence community. . . . happy to hear it and we will just put fied, is as follows: My concern, what I am trying to the amendment to one side. On page 40, strike line 13 and all that fol- achieve by this succession of amend- I would like to come back this after- lows through page 42, line 25, and insert the ments, is to provide some uniformity following: noon to modify an amendment that is in the process designating and select- at the desk, again, to clarify that in (a) NATIONAL INTELLIGENCE DIRECTOR REC- OMMENDATION OR CONCURRENCE IN CERTAIN ing the heads of the various—for exam- hopes that it comes near to what your APPOINTMENTS.—With respect to any posi- ple, the combat commands, as I refer to goals are. tion as head of an agency or organization them, that was the subject of my ear- I will be back. If the chairman could within the intelligence community— lier amendment. advise me, is there going to be further (1) if the appointment to such position is I find that the President’s approach time? made by the President, any recommendation in the proposal that he forwarded to The PRESIDING OFFICER. The Sen- to the President to nominate or appoint an the Senate is preferable to my earlier individual to such position shall be accom- ator from Maine. attempt at this. It reads: Ms. COLLINS. Mr. President, I be- panied by the recommendation of the Na- tional Intelligence Director with respect to If the appointment to such position is lieve we will be here for another hour, the nomination or appointment of such indi- made by the President, any recommendation approximately—until 5 o’clock. vidual to such position; and to the President to nominate or appoint an Mr. WARNER. That should be ade- (2) if the appointment to such position is individual to such position shall be accom- quate time. made by the head of the department con- panied by the recommendation of the Na- Ms. COLLINS. Before the Senator taining such agency or organization, the Di- tional Intelligence Director with respect to from Virginia leaves, I think we have rector of the Central Intelligence Agency, or the [proposed] nomination or appointment. ... the same goal in this amendment. But a subordinate official of such department or of the Central Intelligence Agency, no indi- (2) if the appointment to such position is I think to make sure that this amend- vidual may be appointed to such position made by the head of the department con- ment is interpreted as I believe we without the concurrence of the National In- taining agency or organization [within the would all have it interpreted, we need telligence Director. intelligence community or] the Director of to add language at the beginning that (b) PRESIDENTIAL AUTHORITY.—This sec- the Central Intelligence Agency, or a subor- says something like: Except as specifi- tion, and the amendments made by this sec- dinate official of such department or of the cally set forth in this act, nothing tion, shall apply to the fullest extent con- Central Intelligence Agency, no individual sistent with the authority of the President shall be appointed to such position without herein or amendments made by this under the Constitution relating to nomina- the concurrence of the National Intelligence amendment shall be construed to im- tion, appointment, and supervision of the Director. pair or otherwise affect the authority unitary executive branch. I believe that, then, confirms there is of it. (c) CONFORMING AMENDMENTS.—(1) Section a certain degree of uniformity and That way it would be clear that in 201 of title 10, United States Code, is amend- ed— preservation of accountability for the this provision we are not affecting the people selected in the various heads of other authorities of these departments, (A) by striking subsection (a); (B) by redesignating subsections (b) and (c) the departments and the agencies. but neither are we wiping out what this as subsections (a) and (b), respectively; With that, I will yield the floor for legislation has done. (C) by striking ‘‘Director of Central Intel- such comment as may be forthcoming Mr. WARNER. Mr. President, I fully ligence’’ each place it appears and inserting from the chairman and ranking mem- understand the import of the language ‘‘National Intelligence Director’’; ber. you are quoting. But that is almost (D) in subsection (a), as so redesignated— The PRESIDING OFFICER. The Sen- putting a blessing on everything that (i) in paragraph (1)— (I) by striking ‘‘seek’’ and inserting ‘‘ob- ator from Maine. is written into the bill. I am not sure I Ms. COLLINS. Mr. President, I sug- am prepared as yet to say that. That is tain’’; and (II) by striking the second sentence; and gest the absence of a quorum. going to require a little study on the (ii) in paragraph (2)— The PRESIDING OFFICER. The part of both of us because I think the (I) by redesignating subparagraphs (B) and clerk will call the roll. effect of your language is, don’t touch (C) as subparagraphs (C) and (D), respec- The legislative clerk proceeded to the bill, but what the bill leaves they tively; and call the roll. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10245 Mr. SESSIONS. Mr. President, I ask tocol. It is all Cabinet. He, as such, Mr. WARNER. And that fact is unanimous consent that the order for does not have Cabinet rank. I am work- known, if I can say to my colleague, the quorum call be rescinded. ing on a proposition to see whether we that fact is known the world over, that The PRESIDING OFFICER (Mr. can preserve the integrity that has the man who directs the CIA and who ALLEN). Without objection, it is so or- been accumulated over many years of is visiting in Great Britain or Paki- dered. the Director of the CIA. It is not only stan, that is the man who will go home Mr. SESSIONS. Mr. President, I see in the United States; he is known all and look the President of the United the distinguished chairman of the over the world as a person who holds States straight in the eye. That carries Armed Services Committee. I know he that position. I don’t want to see any a lot of weight as it results in the cre- was present when Mr. McLaughlin was loss in the eyes of the counterparts ation of personal relationships between Acting Director of the CIA and he tes- worldwide as this new structure, pre- the director of our intelligence and his tified, along with a number of distin- sumably, will be enacted into law. counterparts worldwide. guished Government officials, includ- The answer to the question is, of I do not think it is a subject that can ing the Secretary of Defense. He made course, the President can have whom- be legislated in law. It is something of clear one point. I mentioned it earlier. ever he wishes to brief him, but I pre- legislative history being created in the He said that in any reorganization, it sume NID is specifically someone that Senate now and is a vital part of the needs to be clear where the responsi- the President asked the Congress to future interpretation and implementa- bility and accountability lies. create by law. He would be the prin- tion of this new law. He asked the question, who will brief cipal briefer. From time to time he I thank the Senator. the President, and, in fact, who will be would be accompanied perhaps by oth- Mr. SESSIONS. Would the distin- held accountable if he briefs the Presi- ers and I think more often than not by guished managers of the bill, for whom dent incorrectly? the Director of the CIA. I have so much respect, care to com- I see Senator WARNER, and I would Given that it is the President’s abso- ment on the question that Acting Di- like to ask the bill managers, also, but lute authority to decide who he wants rector McLaughlin posed at our hear- my question to Senator WARNER is, to brief him, I don’t think it should be ing when he said one thing we had to from his study of the bill, which is written into law, but I am seeking be clear about was who would be re- more extensive than mine, does he some clarification to the very question sponsible for stating the intelligence think there is any clear answer in this the Senator has asked because it is of position of the United States to the legislation that is moving forward to concern to me. As soon as I gain fur- President and who would be held ac- the question asked by Mr. McLaughlin? ther information, I will be happy to countable if they were wrong. It is a Who briefs the President and who is re- share it with my colleague. question we need to be clear about. sponsible if he is in error? Mr. SESSIONS. I thank Senator Mr. LIEBERMAN. It is a very impor- Mr. WARNER. I thank my colleague WARNER for his comments. It does ap- tant question and I am prepared to give for the question because earlier today I pear if we pass this new procedure, we a very short and direct answer which I had a number of discussions related to ought to understand who Congress con- believe is reflected in the bill, which is this question. I talked to some of the templates would be the person most that the national intelligence director White House people. I think I have spo- likely to brief the President. is explicitly intended to be the prin- ken in the Chamber a number of times I think I understand what the Sen- cipal intelligence advisor to the Presi- about my concern as to the future pos- ator was saying. It is so important that dent of the United States. There should ture, standing, of this Director of Cen- if the main person is going to be the be no doubt about that. tral Intelligence. He has this magnifi- NID, the national intelligence director It will give him two roles: One as ad- cent organization, albeit there was a who does the briefing, it seems to me ministrator of the intelligence commu- problem on the weapons of mass de- he or she would have to reach down and nity—but then, why? To be the prin- struction, but in terms of numbers it take about half of the CIA up to be on cipal intelligence adviser to the No. 1 was a relatively minute number of peo- his staff to help him prepare the brief user of intelligence, not the only one ple, although the problem is very seri- or else he will be regurgitating what but the President of the United States ous. The organization is all over the came from some other agency and then as Commander in Chief. world and they are taking risks, ex- we have created a weakened CIA, a Mr. SESSIONS. I say to Senator traordinary in some instances, com- muddled NID, and who is responsible. LIEBERMAN, I would share your view parable to the men and women in uni- Is that a problem? that the President is the No. 1 cus- form of the Armed Forces as they pur- Mr. WARNER. Mr. President, the tomer of the intelligence that comes sue their assignments. Senator is quite correct. We do not forward. I think he may well need a No. It is my concern in this reorganiza- want to do that. 1 adviser to help assimilate all of it. tion where the director of intelligence In good faith, the chairman of the But let’s go back now. Would it nor- now becomes a subordinate, and a deci- committee has repeatedly said, in this mally be that the person who walks in sion is to be made by the President, in Chamber, we are not creating a whole there and looks the President in the this legislation it appears to be the new department. I heard the ranking eye—should not that person have line, case he will not be at the moment on member today mention that. There- control, and supervision over the peo- the council—are you familiar with the fore, we would not in any way be trying ple who provided him with that intel- council of the Secretaries of State and to create that number of persons. ligence? And isn’t that the only way he Defense, Attorney General, Homeland Nevertheless, who knows them bet- can be held responsible for the brief Security, and others, who will be sort ter—that is, the individual members of and the opinions to the President, if he of a close-knit group and NID will be the CIA—than the Director who has obtained the information from sources chairman of the council, and from time daily hands-on authority, who travels that are accountable to him or her? to time they will be advising the Presi- and visits in posts all over the world, Whereas, in this case, if the NID does dent, presumably, through the NID? I who is basically responsible for their it, and the information is coming up have tried to work it out so if, say, the promotion, demotion, and account- through the vast CIA network around Secretary of Defense has views at vari- ability. the world, as it most often would be— ance with the NID at the time the NID Mr. SESSIONS. The chairman is cor- not always but most often would be— briefs the President on the NID’s posi- rect. then, isn’t that a weakness in our con- tion, he is obligated by law to brief the For the people following this debate, cept here? President on the divergent position of they need to know that the CIA has op- Mr. LIEBERMAN. Mr. President, one or more members of his council. erations in virtually every country in through you, of course, I say to the That is a pending amendment. It is a the world and it is from those agents Senator, I do not believe it is a weak- joint intelligence communities council. that much of our intelligence comes. It ness. Here is the judgment we had to Anyway, I felt that perhaps somehow comes through the CIA Director and he make: The Director of Central Intel- the Director of the CIA should be in- has always briefed the President as the ligence now is effectively the principal volved. There is concern about pro- Director of Central Intelligence. intelligence adviser to the President, S10246 CONGRESSIONAL RECORD — SENATE October 1, 2004 but as we have seen and stated over there are agents all over the world That is part of the failure prior to and over again in this debate, the gathering intelligence who are respon- September 11. That is why we specifi- record shows that the DCI has not had sible directly to the CIA Director, who cally recommend breaking them in enough authority to coordinate the ac- then is supposed to directly advise the two, creating this director over every- tivities of the intelligence community President. body. The CIA is an important part, to create the kind of unity of effort So I hope we will think about this but there are a lot of other important that we need to make sure we do not problem as we go forward. If we follow parts. The FBI counterterrorism and have a repeat, at worst, of September the model of the drug czar, I might feel the NSA, NRO, and NGA, as the Sen- 11 and, in a very different way, of what a bit more comfortable. The drug czar, ator well knows, in terms of numbers everybody acknowledges was an imper- the Office of National Drug Control of employees and the amount of the fect functioning of the intelligence Policy Director, as I said earlier, re- budget, are very big entities that, for community prior to the Iraq war, as quires that there be a written plan for now, have been too much outside the documented by the Senate Intelligence combating illegal drugs in the United control of the Director of Central Intel- Committee. States. Every agency involved in that ligence. So we want to give him some author- effort has to participate in drafting the So as I say, we have tried to balance. ity, but we specifically rejected what plan and sign off on the plan when it is In some way, it might have been neater would effectively be a department of agreed to. And then that Director, the to take all the pieces and put them intelligence, taking NSA, NRO, and drug czar, reviews their budget request under a new secretary of intelligence, NGA out of Defense, taking the to make sure they are funding the ef- but then you really would have, for in- counterterrorism out of the FBI, Infor- fort in a coordinated way and has the stance, broken the chain of command mation Analysis out of the Department ear of the President if an entity or in the Defense Department. of Homeland Security, et cetera, et agency refuses to cooperate. We didn’t want to do that. We are cetera, making it a department. But organizations have integrity. I trying to have a balance to say when it We are trying to strike a balance do not think, in general, anyone would comes to intelligence, there is one per- where you preserve the autonomy of argue that it is healthy governmental son accountable, and that is the na- those departments’ line control, but philosophy or political science to have tional intelligence director. you put them all together, particularly a person the head of an agency and I thank the Senator. I think this in that counterterrorism center, so then people under him and parts of his kind of discussion is very important to that the director is hearing from all of budget be decided directly by some- getting all of us to a point where we them and is accountable, and then re- body else, and department heads have can not only proceed with the amend- ports on these intelligence matters to to be approved or appointed by other ments but go ahead and ultimately the President. people. It classically undermines re- next week adopt the bill and have a Incidentally, the Collins-Lieberman sponsibility. In America we have one good feeling about it. Hopefully, we can proposal does make clear—I will just Government. And within the Govern- lead the Senator from Alabama over read from section 111: ment there are three parts. There are his buyer’s anxiety right now. The National Intelligence Director shall be the executive, judicial, and legislative Mr. SESSIONS. It is a difficult thing. responsible for providing national intel- branches. But we have created so many I remember the story very distinctly. ligence— fiefdoms in the executive branch it is There was an attempt to merge the (1) to the President; hard to hold the President accountable. FBI and DEA in the early 1980s. I wrote (2) to the heads of other departments and The FBI Director has—what?—a 12- Associate Attorney General Giuliani a agencies of the executive branch; year term? So it is hard to hold the letter suggesting what should be Also consumers, the Defense Depart- President responsible for these enti- merged is DEA and Alcohol, Tobacco, ment the largest of the consumers. ties. And then you have Secretaries and Firearms. I saw him not long after (3) to the Chairman of the Joint Chiefs of who do not even have control over the that and he said: Jeff, we can’t even Staff and senior military commanders; people within their agencies. merge agencies within the Department (4) to the Senate and House of Representa- So those are some of my concerns. As of Justice, don’t you know? To merge tives and the committees thereof; I said, it may be that nervousness be- an agency in Treasury with one of Jus- (5) [and] to such other persons or entities fore you sign the deed on the new tice is impossible. as the President shall direct. house. But, again, it could be that While it is weird that we in the Con- So there is no question there is a bal- some of these things may not work as gress and the President of the United ance. But I think it is a balance that well as we project them to at this time. States are not capable of merging serves the Nation’s interests well. We Mr. LIEBERMAN. President, I, obvi- agencies, as a practical matter, it is have power in the NID, but we have not ously, respect and appreciate the con- very difficult to do these things. I don’t broken the line of authority in other cerns that my friend from Alabama think most people realize how our Gov- Departments. has. I want to assure him that we have ernment really functions. It has great As I believe I heard Senator WARNER been over this. And the two things— points. Some of the best people I have say at one point, I presume the na- one, is that not just the 9/11 Commis- ever known serve in our Government. tional intelligence director, in the ex- sion but a lot of folks, not universally But there are problems in making it ef- ercise of his responsibilities, will, from felt, but a lot of people feel that the ficient. time to time, bring with him to advise drug czar has not been all that the po- I thank the managers for their lead- the President the head of the CIA, the sition could have been because he did ership and hard work. head of the Homeland Security Depart- not have any budget authority. He Mr. LIEBERMAN. Mr. President, I ment, whoever seems relevant on a formed the budget but did not really suggest the absence of a quorum. given occasion, but to say that for in- have the muscle. As a matter of fact, The PRESIDING OFFICER. The telligence there is one person ulti- Governor Kean and Congressman Ham- clerk will call the roll. mately accountable, and that is the na- ilton, in their report, specifically said The assistant legislative clerk pro- tional intelligence director. they did not want the national intel- ceeded to call the roll. Mr. SESSIONS. Well, I thank the ligence director to be like the drug Mr. LIEBERMAN. Mr. President, I Senator. I can see the concept there. I czar. ask unanimous consent that the order guess in my own mind I am having dif- Second, one of the conclusions I for the quorum call be rescinded. ficulty understanding why we should gather from the Scowcroft Report, but The PRESIDING OFFICER. Without not raise up the CIA director and make also others, including 9/11, is that what objection, it is so ordered. sure that entity exercises the power has happened up until now is that the Mr. LIEBERMAN. Mr. President, I that it is supposed to have now. It is Director of Central Intelligence has ba- ask unanimous consent that the pend- supposed to be the central intelligence sically been the Director of the CIA—of ing amendment be temporarily set center for the country. And just to add course, the same person—and not had aside. another office above it has a number of the time or the clout to coordinate the The PRESIDING OFFICER. Without problems. As Senator WARNER said, rest of the intelligence community. objection, it is so ordered. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10247

MODIFICATION TO AMENDMENT NO. 3807 you for your efforts in negotiating a com- standards that will enhance efforts to pre- Mr. LIEBERMAN. Mr. President, I promise on amendment language regarding vent document fraud and other illegal activ- call up again amendment No. 3807 of- minimum standards for state driver’s li- ity related to the issuance of driver’s li- fered by Senator MCCAIN and myself. censes. I know that you share Governors’ censes and identification documents. We ap- The PRESIDING OFFICER. The concerns regarding the security and integ- preciate your willingness to work with rity of state driver’s license and identifica- states to address our concerns. If all three amendment is now pending. tion processes and appreciate the difficulties changes are included in the amendment it Mr. LIEBERMAN. I thank the Chair. that federal mandates, particularly unfunded will provide a reasonable compromise for ad- Mr. President, I am pleased to send mandates, placed on states. dressing this issue. to the desk a modification to the Due in large part to your concern regard- Thank you again for your consideration amendment which is essentially a ing the mandates in the McCain/Lieberman and assistance. change of one word. I believe having driver’s license amendment, NGA was able to Sincerely, made that one-word change, this make suggestions to improve the measure. RAYMOND C. SCHEPPACH, amendment implements another sec- We understand that a provision has been Executive Director. tion of the 9/11 Commission Report and added to require that the negotiated rule- Ms. COLLINS. Mr. President, I urge making committee perform an assessment of is acceptable on both sides. the benefits and costs of its recommenda- adoption of the modified amendment. I thank my dear friend and colleague, tions. This change is essential to help ensure The PRESIDING OFFICER. Is there Senator COLLINS, for all the work we that the federal government provides ade- further debate? have done together on this amendment, quate funding to states to implement the re- Without objection, the amendment is and with other stakeholders who had quired mandates. agreed to. some concerns about the amendment, Governors are committed to working coop- The amendment (No. 3807), as modi- generally supported it, and we have eratively with the federal government to de- fied, was agreed to. worked them all out. velop and implement realistic, achievable Ms. COLLINS. I thank the Chair. The PRESIDING OFFICER. The standards that will enhance efforts to pre- The PRESIDING OFFICER. The Sen- vent document fraud and other illegal activ- amendment will be so modified. ity related to the issuance of driver’s li- ator from Kansas. The modification is as follows: censes and identification documents. We ap- Mr. BROWNBACK. Mr. President, I of applicants for such licenses or identifica- preciate your willingness to work with thank my colleagues for their work on tion cards. states to address our concerns. With all the intelligence reform. I want to make a (C) TIME REQUIREMENT.—The process de- changes included in the amendment, it will few remarks on the intelligence reform scribed in subparagraph (A) shall be con- provide a reasonable compromise for ad- bill. ducted in a timely manner to ensure that— dressing this issue. I am supportive of the overall efforts (i) any recommendation for a proposed rule Thank you again for your consideration or report is provided to the Secretary of and assistance. We look forward to working of the Governmental Affairs Com- Transportation not later than 9 months after with you during conference. mittee, what my colleague from Kan- the date of enactment of this Act and shall Sincerely, sas, Senator ROBERTS, and my col- include an assessment of the benefits and RAYMOND C. SCHEPPACH, league from West Virginia, Senator costs of the recommendation; and Executive Director. ROCKEFELLER, are doing as well on in- (ii) a final rule is promulgated not later telligence reform, and I want to sup- than 18 months after the date of enactment NATIONAL GOVERNORS port this overall effort. of this Act. ASSOCIATION, Before I proceed, it is important to (c) GRANTS TO STATES.— Washington, DC, October 1, 2004. underscore why this is such an impor- (1) ASSISTANCE IN MEETING FEDERAL STAND- Hon. JOHN MCCAIN, ARDS.—Beginning on the date a final regula- U.S. Senate, tant debate in the United States, espe- tion is promulgated under subsection (b)(2), Washington, DC. cially when it is so deeply engaged in the Secretary of Transportation shall award Hon. JOSEPH I. LIEBERMAN, many places around the world and par- grants to States to assist them in con- U.S. Senate, ticularly in the Middle East and Iraq. forming to the minimum standards for driv- Washington, DC. In the context of the underlying bill, er’s licenses and personal identification DEAR SENATOR MCCAIN AND SENATOR we need to make sure we clearly under- cards set forth in the regulation. LIEBERMAN: Governors share your concerns stand this. (2) ALLOCATION OF GRANTS.—The Secretary regarding the security and integrity of state of Transportation shall award grants to driver’s license and identification processes. There is some public uncertainty re- States under this subsection based on the While NGA opposes federal mandates on garding these issues. As the debate proportion that the estimated average an- states, particularly unfunded mandates, we showed last night, we have funda- nual number of driver’s * * *. appreciate your willingness to work with mental differences even between Presi- The PRESIDING OFFICER. The Sen- states to improve your amendment regarding dent Bush and Senator KERRY. But ator from Maine. minimum requirements for state driver’s li- both agree, in my opinion, why the Ms. COLLINS. Mr. President, I thank censes. As you know, NGA strongly opposes U.S. commitment to Iraq is absolutely the more proscriptive driver’s license man- my colleague from Connecticut and my date provisions under consideration in the essential and why we must not fail in colleague from Arizona, Senator House. Iraq or in this effort to reform our na- MCCAIN, for working with me to ad- It is my understanding that your original tional intelligence. dress concerns that have been raised by amendment has been modified to include two For purposes of discussion, I rec- the National Governors Association re- important changes: (1) clarification that the ommend a rereading of Osama bin garding the provisions in the McCain- standards that will be set in the rulemaking Laden’s declaration of war against the Lieberman amendment that dealt with process will initially apply only to newly- Americans. He issued this in 1998. It is issued and reissued driver’s licenses; and (2) in the 9/11 Commission Report and it is the standardization of State drivers’ li- a requirement that state elected officials, in- censes. I believe the change which has cluding Governors, serve on the negotiated chilling, but it tells you what is at been made, which will require an as- rulemaking committee. In addition, we re- stake in this debate. sessment of the cost benefits of any quest that a provision be added to require He says this, and this is a direct new requirements, is an important one. that the negotiated rulemaking committee quote from that declaration of war: I ask unanimous consent that two perform an assessment of the annual benefits The Defence Secretary of the Crusading letters from the National Governors and costs of its recommendations. Americans had said that the explosions at The first two changes are vital to ensuring Association be printed in the RECORD. Riyadh and Al-Khobar had taught him one There being no objection, the mate- that the minimum requirements established lesson: that is not to withdraw when at- under the amendment are workable, do not tacked by cowardly terrorists. rial was ordered to be printed in the unnecessarily interfere with existing state RECORD, as follows: laws and improvements, and benefit from the bin Laden continues: NATIONAL GOVERNORS expertise and knowledge of state officials. We say to the Defence Secretary that his ASSOCIATION, Likewise, the last change is essential to help talk could induce a grieving mother to Washington, DC, October 1, 2004. ensure that the federal government provides laughter! And it shows the fears that have Hon. SUSAN COLLINS, adequate funding to states to implement the enveloped you all. Where was this courage of U.S. Senate, required mandates. yours when the explosion in Beirut took Washington, DC. Governors are committed to working coop- place in 1983 . . . You were transformed into DEAR SENATOR COLLINS: On behalf of the eratively with the federal government to de- scattered bits and pieces: 241 soldiers were nation’s Governors I am writing to thank velop and implement realistic, achievable killed, most of them Marines. S10248 CONGRESSIONAL RECORD — SENATE October 1, 2004 bin Laden continues: is a moot issue. We are there now and we need to do with the intelligence When tens of your soldiers were killed in our soldiers are doing the best they can once we have it. minor battles and one American pilot was under difficult circumstances. We will Most importantly, we need to find a dragged in the street of Mogadishu, you left bring them home, but make no mistake way of bringing the creativity and the area in disappointment, humiliation, and about the fact that we are anything imagination back into the intelligence defeat, carrying your dead with you. but united in our determination to per- business. For too long, the system has Clinton appeared in front of the whole been hampered by bureaucracy that by world threatening and promising revenge, severe and to prevail in Iraq. Success is but these threats were merely a preparation the only acceptable course of action. design is risk averse and unwilling to for withdrawal. You had been disgraced by How then are we to be successful in take the offensive. As Senator KYL Allah and you withdraw; the extent of your sustaining order and stability in Iraq mentioned the other day, if we look impotence and weaknesses became very and bringing order to the chaos that back at President Clinton’s directives clear. the terrorists can potentially produce to the intelligence community, he As bin Laden had explained earlier in around the world? Only by embracing tried to be forward leaning, especially the declaration: certain fundamental realities. First with regard to al-Qaida and Osama bin Efforts should be concentrated on destroy- and foremost, establishing reasonable Laden. But even though the President ing, fighting, and killing the (American) security is the prerequisite for achiev- himself seemed to say we have to do enemy until, by the grace of Allah, it is com- ing the goals of political stability. We everything we can to try to get these pletely defeated. are doing that in Iraq and we are doing guys, he ran into bureaucratic barriers. The task is stated quite simply by that in Afghanistan. It is slow going Repeatedly, efforts were made to bring bin Laden: and it is difficult, and there will be to his attention operations that would Killing Americans. bumps along the way. have either improved our intelligence Second, neither the American nor the In June 2002, bin Laden spokesman, or operationally deal with al-Qaida and coalition forces can by themselves im- Suleiman Abu Gheith, placed this Osama bin Laden, but they were shot pose security on Iraq. Iraqis them- statement on the al-Qaida Web site: down by various portions or places selves must provide indispensable sup- within the bureaucracy or lawyers We have the right to kill 4 million Ameri- port and their own security. Only cans—2 million of them children—and to within the system. If someone tried to exile twice as many and wound and cripple Iraqis can gather the intelligence to do something, somebody else said this hundreds of thousands. identify the regime remnants and for- is too risky, we cannot do it. eign terrorists who must be largely He said that: We have to change that mentality. neutralized before adequate security That was why the 9/11 Commission, the We have the right to kill 4 million Ameri- can be assured. Senate Intelligence Committee, and cans—2 million of them children. . . . Moreover, it will be essential for many other observers have said we What can we do to forestall these Iraqi security forces to be the principal have to get out of this paralyzing risk- promised attacks? According to bin elements in rooting out terrorists and averse environment where people are Laden, if we follow what he says, we destroying their cells, with the coali- afraid somebody is looking over their can forestall these promised attacks if tion military increasingly in a sup- shoulders, is going to jump on them if ‘‘America should abandon the Middle porting role. they do anything that is the least bit East, convert to Islam and end the im- Similarly, America must take charge out of the ordinary or risky. We have morality and godlessness of its society of its own security in a way that is to get this bureaucratic mindset out and culture,’’ for according to bin consistent with the changed realities because our very security depends on Laden, ‘‘It is saddening to tell you that in our post-9/11 world. This legislation it. you are the worst civilization wit- we are debating, the first major over- I thank the chairman of the Govern- nessed by the history of mankind.’’ haul of the intelligence system, is a mental Affairs Committee, Senator That is what we fight, and that is major step in that direction. We have COLLINS, for her great work on this, what we must stand strong against and the capability, the ability, and the mo- and the ranking member, Senator be as strong and as organized as we tive—our national security—to do this LIEBERMAN. I appreciate the important possibly can and have as good intel- now and to do it right. work of my colleagues Senator ROB- ligence as we possibly can to fight As my colleague Senator KYL from ERTS and Senator ROCKEFELLER, and I these fanatics. Arizona said yesterday, the problem hope that we will speedily get to a res- These terrorists are fanatics. They before 9/11 was not due to too much in- olution so we can pass this important are wrong about America, and America telligence. The problem obviously bill soon and change the dynamic and will fight. They may be fanatics—and arose because we did not have enough make a safer America. they are—but James Schlesinger re- intelligence, smart intelligence, cre- I yield the floor. minded us earlier this year in the For- ative intelligence. We could not gather The PRESIDING OFFICER. The Sen- eign Relations Committee that they enough information in a timely way to ator from Maine. are deadly serious and thoroughly per- put together all of the possibilities in Ms. COLLINS. Mr. President, I thank sistent. order to connect the dots, in order to the Senator from Kansas for his gen- We have to therefore anticipate we predict that a particular kind of attack erous comments and for presenting a will be engaged in this global war on was going to occur on that day. very compelling case for passing this terrorism for years to come and we We have had a lot of good, construc- legislation, a case that says we cannot must not waiver in this effort. tive suggestions, from many places, delay; the stakes are too high; the As Osama himself has said: from the 9/11 Commission, from the issues are too compelling in the war When the people see a strong horse and a Senate Intelligence Committee, the against terrorism. I thank him for his weak horse, they naturally gravitate to- great work of its chairman and my col- support and for his hard work on this wards the strong horse. league Senator PAT ROBERTS from Kan- very important issue. Therefore, we as a nation and as a sas, from the administration, from the I ask unanimous consent that the body must do everything within our work of the Governmental Affairs Com- pending amendment be set aside. means to demonstrate that we are not mittee, Senator ROCKEFELLER also on The PRESIDING OFFICER. Without the weak horse. That is why retreat be- the Intelligence Committee, from other objection, it is so ordered. fore we have successfully stabilized commissions in trying to understand AMENDMENTS NOS. 3798, 3799, 3800, 3911, 3912, 3932, Iraq is not an option. Nothing was why we did not have enough intel- 3864, 3772, 3813 AND 3717, EN BLOC more dramatically visible throughout ligence and why we could not put it all Ms. COLLINS. Mr. President, I have the Middle East and elsewhere of our together ahead of time. a number of amendments from both retreat than were those earlier retreats Many of the recommendations of the sides of the aisle that have been cited by Osama bin Laden. Commission and legislative solutions cleared by both of the managers of the The debate over Iraq will continue, in the proposed bill try to correct that bill. I ask unanimous consent that we even after the election, regarding the problem of not having enough good in- proceed to the consideration of the fol- timing of our move into Iraq, but that telligence and knowing precisely what lowing amendments, en bloc: Coleman October 1, 2004 CONGRESSIONAL RECORD — SENATE S10249 amendment 3798, Coleman amendment SEC. 336. NATIONAL INTELLIGENCE COUNCIL RE- taken to establish for each element of the in- 3799, Coleman amendment 3800, Snowe PORT ON METHODOLOGIES UTI- telligence community an element, office, or LIZED FOR NATIONAL INTEL- amendment 3911, Snowe amendment component described in subsection (a). LIGENCE ESTIMATES. (2) The report shall be submitted in an un- 3912, Snowe amendment 3932, Frist (a) REPORT.—Not later than 180 days after classified form, but may include a classified amendment 3864, Bingaman amend- the date of the enactment of this Act, the annex. National Intelligence Council shall submit ment 3772, Reed of Rhode Island AMENDMENT NO. 3864 amendment 3813, and Feinstein amend- to Congress a report that includes the fol- lowing: (Purpose: To extend section 145(c) of the ment 3717. Aviation and Transportation Security Act) The PRESIDING OFFICER. Without (1) The methodologies utilized for the initi- ation, drafting, publication, coordination, At the appropriate place insert the fol- objection, it is so ordered. The amend- and dissemination of the results of National lowing: ments are pending. Intelligence Estimates (NIEs). Section 145(c) of the Aviation and Trans- Ms. COLLINS. I ask unanimous con- (2) Such recommendations as the Council portation Security Act (49 U.S.C. 40101 note) sent that the amendments be agreed to considers appropriate regarding improve- is amended by striking ‘‘more than’’ and all en bloc and that the motions to recon- ments of the methodologies utilized for Na- that follows through ‘‘after’’ and inserting sider be laid upon the table. tional Intelligence Estimates in order to en- ‘‘more than 48 months after’’. The PRESIDING OFFICER. Without sure the timeliness of such Estimates and AMENDMENT NO. 3772 objection, it is so ordered. ensure that such Estimates address the na- (Purpose: To establish the position of Chief The amendments were agreed to, as tional security and intelligence priorities Scientist of the National Intelligence Au- follows: and objectives of the President and the Na- thority) tional Intelligence Director. AMENDMENT NO. 3798 On page 45, between lines 10 and 11, insert (b) FORM.—The report under subsection (a) the following: (Purpose: To amend section 510 of the Home- shall be submitted in an unclassified form, (11) The Chief Scientist of the National In- land Security Act of 2002 to ensure wide- but may include a classified annex. telligence Authority. spread access to the Information Sharing On page 210, line 23, strike ‘‘336.’’ and in- On page 45, line 11, strike ‘‘(11)’’ and insert Network) sert ‘‘337.’’. ‘‘(12)’’. At the appropriate place, insert the fol- AMENDMENT NO. 3912 On page 45, line 14, strike ‘‘(12)’’ and insert lowing: (Purpose: To require an evaluation of the ef- ‘‘(13)’’. SEC. ll. URBAN AREA COMMUNICATIONS CAPA- fectiveness of the National Counterterror- On page 59, between lines 14 and 15, insert BILITIES. ism Center) the following: Section 510 of the Homeland Security Act On page 210, between lines 22 and 23, insert SEC. 131. CHIEF SCIENTIST OF THE NATIONAL IN- of 2002, as added by this Act, is amended by the following: TELLIGENCE AUTHORITY. inserting ‘‘, and shall have appropriate and (a) CHIEF SCIENTIST OF NATIONAL INTEL- timely access to the Information Sharing SEC. 336. NATIONAL INTELLIGENCE DIRECTOR REPORT ON NATIONAL COUNTER- LIGENCE AUTHORITY.—There is a Chief Sci- Network described in section 206(c) of the TERRORISM CENTER. entist of the National Intelligence Authority National Intelligence Reform Act of 2004’’ (a) REPORT.—Not later than one year after who shall be appointed by the National Intel- after ‘‘each other in the event of an emer- the date of the establishment of the National ligence Director. gency’’. Counterterrorism Center under section 143, (b) REQUIREMENT RELATING TO APPOINT- AMENDMENT NO. 3799 the National Intelligence Director shall sub- MENT.—An individual appointed as Chief Sci- (Purpose: To require the enterprise architec- mit to Congress a report evaluating the ef- entist of the National Intelligence Authority ture and implementation plan for the In- fectiveness of the Center in achieving its pri- shall have a professional background and ex- formation Sharing Network to include mary missions under subsection (d) of that perience appropriate for the duties of the equipment and training requirements and section. Chief Scientist. (c) DUTIES.—The Chief Scientist of the Na- utilization costs) (b) ELEMENTS.—The report under sub- section (a) shall include the following: tional Intelligence Authority shall— On page 137, line 20, strike ‘‘and’’ and all (1) act as the chief representative of the that follows through ‘‘(9)’’ on line 21, and in- (1) An assessment of the effectiveness of the National Counterterrorism Center in National Intelligence Director for science sert the following: and technology; (9) an estimate of training requirements achieving its primary missions. (2) An assessment of the effectiveness of (2) chair the National Intelligence Author- needed to ensure that the Network will be ity Science and Technology Committee adequately implemented and property uti- the authorities of the Center in contributing to the achievement of its primary missions, under subsection (d); lized; (3) assist the Director in formulating a (10) an analysis of the cost to State, tribal, including authorities relating to personnel and staffing, funding, information sharing, long-term strategy for scientific advances in and local governments and private sector en- the field of intelligence; tities for equipment and training needed to and technology. (3) An assessment of the relationships be- (4) assist the Director on the science and effectively utilize the Network; and technology elements of the budget of the Na- (11) tween the Center and the other elements and components of the intelligence community. tional Intelligence Authority; and AMENDMENT NO. 3800 (4) An assessment of the extent to which (5) perform other such duties as may be (Purpose: To find that the United States the Center provides an appropriate model for prescribed by Director or by law. needs to implement the 9/11 Commission’s the establishment of national intelligence (d) NATIONAL INTELLIGENCE AUTHORITY recommendation to adopt a unified inci- centers under section 144. SCIENCE AND TECHNOLOGY COMMITTEE.—(1) dent command system and significantly (c) FORM.—The report under subsection (a) There is within the Office of the Chief Sci- enhance communications connectivity shall be submitted in an unclassified form, entist of the National Intelligence Authority among first responders) but may include a classified annex. a National Intelligence Authority Science and Technology Committee. At the appropriate place, insert the fol- AMENDMENT NO. 3932 lowing: (2) The Committee shall be composed of (Purpose: Relating to alternative analyses of (1) The United States needs to implement the principal science officers of the National intelligence by the intelligence community) the recommendations of the National Com- Intelligence Program. mission on Terrorist Attacks Upon the On page 153, between lines 2 and 3, insert (3) The Committee shall— United States to adopt a unified incident the following: (A) coordinate advances in research and de- command system and significantly enhance SEC. 207. ALTERNATIVE ANALYSES OF INTEL- velopment related to intelligence; and communications connectivity between and LIGENCE BY THE INTELLIGENCE (B) perform such other functions as the among civilian authorities, local first re- COMMUNITY. Chief Scientist of the National Intelligence sponders, and the National Guard. The uni- (a) SENSE OF CONGRESS.—It is the sense of Authority shall prescribe. fied incident command system should enable Congress that the National Intelligence Di- On page 59, line 15, strike ‘‘131.’’ and insert emergency managers and first responders to rector should consider the advisability of es- ‘‘132.’’. manage, generate, receive, evaluate, share, tablishing for each element of the intel- On page 202, line 16, strike ‘‘131(b)’’ and in- and use information in the event of a ter- ligence community an element, office, or sert ‘‘132(b)’’. component whose purpose is the alternative rorist attack or a significant national dis- AMENDMENT NO. 3813 aster. analysis (commonly referred to as a ‘‘red- team analysis’’) of the information and con- (Purpose: To find that risk assessments and AMENDMENT NO. 3911 clusions in the intelligence products of such protective measures for liquefied natural (Purpose: To require a report on the meth- element of the intelligence community. gas marine terminals should be included in odologies utilized for National Intelligence (b) REPORT.—(1) Not later than one year the plan of the Secretary of Homeland Se- Estimates) after the date of the enactment of this Act, curity to protect critical infrastructure) On page 210, between lines 22 and 23, insert the National Intelligence Director shall sub- At the appropriate place, insert the fol- the following: mit to Congress a report on the actions lowing: S10250 CONGRESSIONAL RECORD — SENATE October 1, 2004 SEC. ll. LIQUEFIED NATURAL GAS MARINE TER- ees of the FFRDC’s eligible to serve at (2) In carrying out activities under para- MINALS. the National Counterterrorism Center graph (1), the Director shall take into ac- Congress finds that plans developed by the and other national intelligence cen- count education grant programs of the De- Department of Homeland Security to protect partment of Defense and the Department of critical energy infrastructure should include ters. Education that are in existence as of the risk assessments and protective measures for I agree with the sponsors of this date of the enactment of this Act. existing and proposed liquefied natural gas amendment that if the national intel- (3) Not later than one year after the date of marine terminals. ligence director, or NID, determines the enactment of this Act, and annually AMENDMENT NO. 3717 that he or she needs to tap the experts thereafter, the Director shall submit to Con- gress a report on the requirements identified (Purpose: To provide that the Intelligence employed at our FFRDC’s to help staff these centers, then he or she should be under paragraph (1), including the success of Community Reserve Corps shall have a the Authority in meeting such requirements. personnel strength level authorized by law) able to do so. But I also want to make Each report shall notify Congress of any ad- On page 39, strike lines 8 through 11 and in- it clear, that it is my understanding ditional resources determined by the Direc- sert the following: that we are not creating a new mission tor to be required to meet such require- (c) PERSONNEL STRENGTH LEVEL.—Congress for the FFRDC’s or authorizing the ments. shall authorize the personnel strength level creation of a new FFRDC for this pur- (4) Each report under paragraph (3) shall be for the National Intelligence Reserve Corps pose. Use of these employees would be in unclassified form, but may include a clas- for each fiscal year. sified annex. subject to the availability of funds to AMENDMENT NO. 3771, AS MODIFIED (c) PROFESSIONAL INTELLIGENCE TRAIN- the NID, and would still be subject to ING.—The National Intelligence Director Ms. COLLINS. Mr. President, I ask the Federal conflict of interest provi- shall require the head of each element and unanimous consent that the pending sions and the Federal Acquisition Reg- component within the National Intelligence amendment be set aside and that we ulations. Finally, nothing in this Authority who has responsibility for profes- proceed to the consideration of the amendment is intended to circumvent sional intelligence training to periodically review and revise the curriculum for the pro- Bingaman-Domenici amendment 3771, staff year ceilings established by law as modified. I send the modification to fessional intelligence training of the senior for Defense Department-sponsored and intermediate level personnel of such ele- the desk. FFRDC’s or any other FFRDC’s. ment or component in order to— The PRESIDING OFFICER. The Ms. COLLINS. Mr. President, I ask (1) strengthen the focus of such curriculum clerk will report. unanimous consent that the modifica- on the integration of intelligence collection The assistant legislative clerk read tion be agreed to, that the amendment, and analysis throughout the Authority; and as follows: as modified, be agreed to, and that the (2) prepare such personnel for duty with The Senator from Maine [Ms. COLLINS], for motion to reconsider be laid upon the other departments, agencies, and element of the intelligence community. Mr. BINGAMAN and Mr. DOMENICI, , proposes table. an amendment numbered 3771, as modified. Ms. COLLINS. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the amend- The amendment, as modified, is as objection, it is so ordered. follows: ment be agreed to and that the motion The amendment (No. 3771), as modi- to reconsider be laid upon the table. (Purpose: To authorize employees of Feder- fied, was agreed to. The PRESIDING OFFICER. Without ally Funded Research and Development AMENDMENT NO. 3756 objection, it is so ordered. Centers and certain employees of the De- Ms. COLLINS. Mr. President, I ask partment of Energy national laboratories The amendment (No. 3756) was agreed to be eligible for the staff of the National unanimous consent that the pending to. Counterterrorism Center and the national amendment be set aside and that the Ms. COLLINS. Mr. President, as I in- intelligence centers) Senate now proceed to the immediate dicated, those amendments have all On page 91, between lines 12 and 13, insert consideration of the Graham-Durbin been worked out. They have been the following: amendment No. 3756. cleared on both sides. We are making (C) Employees of Federally Funded Re- The PRESIDING OFFICER. Without progress on this bill. There have been a search and Development Centers (as that objection, it is so ordered. The clerk great number of amendments filed. I term is defined in part 2 of the Federal Ac- will please report. encourage all Senators to work closely quisition Regulation), including employees The legislative clerk read as follows: with the managers of the bill to allow of the Department of Energy national lab- The Senator from Maine [Ms. COLLINS], for us to proceed to consider this bill on oratories who are associated with field intel- Mr. GRAHAM of Florida, proposes an amend- Tuesday. We have a great deal of work ligence elements of the Department of En- ment numbered 3756. to be done before that time, but we ergy, shall be eligible to serve under con- tract or other mechanism with the National The amendment is as follows: made progress today. Counterterrorism Center under this para- (Purpose: To establish additional education I also thank those Senators who graph. and training requirements for the National came forward with their amendments On page 98, between lines 21 and 22, insert Intelligence Authority) today. Shortly, I will have an an- the following: On page 108, between lines 8 and 9, insert nouncement about the voting schedule (C) Employees of Federally Funded Re- the following: for Monday. We do expect to have a search and Development Centers (as that SEC. 153. ADDITIONAL EDUCATION AND TRAIN- number of stacked votes in the mid to term is defined in part 2 of the Federal Ac- ING REQUIREMENTS. late afternoon. We are working on that quisition Regulation), including employees (a) FINDINGS.—Congress makes the fol- list even as we speak. of the Department of Energy national lab- lowing findings: AMENDMENT NO. 3803 oratories who are associated with field intel- (1) Foreign language education is essential ligence elements of the Department of En- for the development of a highly-skilled Ms. COLLINS. Mr. President, on be- ergy, shall be eligible to serve under con- workforce for the intelligence community. half of Senator CORNYN, I send an tract or other mechanism with a national in- (2) Since September 11, 2001, the need for amendment to the desk. telligence center under this paragraph. language proficiency levels to meet required The PRESIDING OFFICER. The Mr. LIEBERMAN. Mr. President, national security functions has been raised, clerk will report the amendment. since World War II, our national lab- and the ability to comprehend and articulate The legislative clerk read as follows. oratories, primarily serving Energy technical and scientific information in for- The Senator from Maine (Ms. COLLINS), for eign languages has become critical. and Defense Department missions, Mr. CORNYN, proposes an amendment num- (b) LINGUISTIC REQUIREMENTS.—(1) The Na- bered 3803. have been the Nation’s repository of tional Intelligence Director shall— The amendment is as follows: expertise on nuclear weapons and other (A) identify the linguistic requirements for (Purpose: To provide for enhanced criminal national security and technical issues. the National Intelligence Authority; penalties for crimes related to alien smug- (B) identify specific requirements for the Although many of these national lab- gling) range of linguistic skills necessary for the oratories are known as Federal Funded At the end of the bill, add the following: Research and Development Centers, or intelligence community, including pro- TITLE IV—HUMAN SMUGGLING PENALTY FFRDC’s, and are federally financed, ficiency in scientific and technical vocabu- laries of critical foreign languages; and ENHANCEMENT lab employees are not Federal employ- (C) develop a comprehensive plan for the SEC. 401. SHORT TITLE. ees. They are employees of the contrac- Authority to meet such requirements This title may be cited as the ‘‘Human tors who operate these laboratories. through the education, recruitment, and Smuggling Penalty Enhancement Act of This amendment would make employ- training of linguists. 2004’’. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10251

SEC. 402. ENHANCED PENALTIES FOR ALIEN Commission shall review and, as appropriate, (c) CONTENT OF ANNUAL REPORT.—An an- SMUGGLING. amend the Federal Sentencing Guidelines nual report required by subsection (b) shall Section 274(a) of the Immigration and Na- and related policy statements to implement include— tionality Act (8 U.S.C. 1324(a)) is amended— the provisions of this title. (1) a description of— (1) in paragraph (1)— (b) REQUIREMENTS.—In carrying out this (A) the allocation of resources within the (A) in subparagraph (A)— section, the United States Sentencing Com- Office of Foreign Assets Control to enforce (i) in clause (i)— mission shall— the economic and trade sanctions of the (I) by striking ‘‘knowing that a person is (1) ensure that the Sentencing Guidelines United States against terrorist organizations an alien, brings’’ and inserting ‘‘knowing or and Policy Statements reflect— and targeted foreign countries during the fis- in reckless disregard of the fact that a per- (A) the serious nature of the offenses and cal year prior to the fiscal year in which son is an alien, brings’’; penalties referred to in this title; such report is submitted; and (II) by striking ‘‘Commissioner’’ and in- (B) the growing incidence of alien smug- (B) the criteria on which such allocation is serting ‘‘Under Secretary for Border and gling offenses; and based; Transportation Security’’; and (C) the need to deter, prevent, and punish (2) a description of any proposed modifica- (III) by inserting ‘‘and regardless of wheth- such offenses; tions to such allocation; and er the person bringing or attempting to (2) consider the extent to which the Sen- (3) an explanation for any such allocation bring such alien to the United States in- tencing Guidelines and Policy Statements that is not based on prioritization of threats tended to violate any criminal law’’ before adequately address whether the guideline of- determined using appropriate criteria, in- the semicolon; fense levels and enhancements for violations cluding the likelihood that— (ii) in clause (iv), by striking ‘‘or’’ at the of the sections amended by this title— (A) a terrorist organization or targeted for- end; (A) sufficiently deter and punish such of- eign country— (iii) in clause (v)— fenses; and (i) will sponsor or plan a direct attack (I) in subclause (I), by striking ‘‘, or’’ and (B) adequately reflect the enhanced pen- against the United States or the interests of inserting a semicolon; alties established under this title; the United States; or (II) in subclause (II), by striking the (3) maintain reasonable consistency with (ii) is participating in or maintaining a nu- comma and inserting ‘‘; or’’; and other relevant directives and sentencing clear, biological, or chemical weapons devel- (III) by inserting after subclause (II) the guidelines; opment program; or following: (4) account for any additional aggravating (B) a targeted foreign country— ‘‘(III) attempts to commit any of the pre- or mitigating circumstances that might jus- (i) is financing, or allowing the financing, ceding acts; or’’; and tify exceptions to the generally applicable of a terrorist organization within such coun- (iv) by inserting after clause (v) the fol- sentencing ranges; try; or lowing: (5) make any necessary conforming (ii) is providing safe haven to a terrorist ‘‘(vi) knowing or in reckless disregard of changes to the Sentencing Guidelines; and organization within such country. the fact that a person is an alien, causes or (6) ensure that the Sentencing Guidelines (d) EFFECTIVE DATE.—Notwithstanding sec- attempts to cause such alien to be trans- adequately meet the purposes of sentencing tion 341 or any other provision of this Act, ported or moved across an international under section 3553(a)(2) of title 18, United this section shall take effect on the date of boundary, knowing that such transportation States Code. the enactment of this Act. or moving is part of such alien’s effort to enter or attempt to enter the United States Ms. COLLINS. I ask unanimous con- Ms. COLLINS. Mr. President, I ask without prior official authorization;’’; and sent the amendment be laid aside. unanimous consent the amendment be (B) in subparagraph (B)— The PRESIDING OFFICER. Without set aside. (i) in clause (i)— objection, it is so ordered. The PRESIDING OFFICER. Without (I) by striking ‘‘or (v)(I)’’ and inserting ‘‘, AMENDMENT NO. 3768 objection, it is so ordered. (v)(I), or (vi)’’; and Ms. COLLINS. Mr. President, I sug- Ms. COLLINS. Mr. President, I send (II) by striking ‘‘10 years’’ and inserting gest the absence of a quorum. an amendment to the desk on behalf of ‘‘20 years’’; The PRESIDING OFFICER. The (ii) in clause (ii), by striking ‘‘5 years’’ and the Senator from Montana, Mr. BAU- clerk will please call the roll. inserting ‘‘10 years’’; and CUS. The legislative clerk proceeded to (iii) in clause (iii), by striking ‘‘20 years’’ The PRESIDING OFFICER. The call the roll. and inserting ‘‘35 years’’; clerk will report. (2) in paragraph (2)— Ms. COLLINS. Mr. President, I ask (A) in the matter preceding subparagraph The legislative clerk read as follows: unanimous consent the order for the (A)— The Senator from Maine (Ms. COLLINS), for quorum call be rescinded. (i) by inserting ‘‘, or facilitates or at- Mr. BAUCUS, for himself and Mr. ROBERTS, The PRESIDING OFFICER (Mr. SES- proposes an amendment numbered 3768. tempts to facilitate the bringing or trans- SIONS). Without objection, it is so or- porting,’’ after ‘‘attempts to bring’’; and The amendment is as follows: dered. (ii) by inserting ‘‘and regardless of whether (Purpose: To require an annual report on the the person bringing or attempting to bring AMENDMENT NO. 3768, AS MODIFIED allocation of funding within the Office of such alien to the United States intended to Ms. COLLINS. Mr. President, I ask Foreign Assets Control of the Department violate any criminal law,’’ after ‘‘with re- unanimous consent that Baucus of the Treasury) spect to such alien’’; and amendment No. 3768 be modified with (B) in subparagraph (B)— At the end, add the following new section: the change at the desk. (i) in clause (ii), by striking ‘‘, or’’ and in- SEC. 353. ANNUAL REPORT ON THE ALLOCATION The PRESIDING OFFICER. Without serting a semicolon; OF RESOURCES WITHIN THE OFFICE OF FOREIGN ASSETS CONTROL. objection, the amendment is modified. (ii) in clause (iii), by striking the comma The amendment (No. 3768), as modi- at the end and inserting ‘‘; or’’; (a) SENSE OF CONGRESS.—It is the sense of (iii) by inserting after clause (iii), the fol- Congress that the Secretary of the Treasury fied, is as follows: lowing: should allocate the resources of the Office of At the end, add the following new section: ‘‘(iv) an offense committed with knowledge Foreign Assets Control to enforce the eco- SEC. 353. ANNUAL REPORT ON THE ALLOCATION or reason to believe that the alien unlaw- nomic and trade sanctions of the United OF RESOURCES WITHIN THE OFFICE fully brought to or into the United States States in a manner that enforcing such sanc- OF FOREIGN ASSETS CONTROL. has engaged in or intends to engage in ter- tions— (a) SENSE OF CONGRESS.—It is the sense of rorist activity (as defined in section (1) against al Qaeda and groups affiliated Congress that the Secretary of the Treasury 212(a)(3)(B)(iv)),’’; and with al Qaeda is the highest priority of the is not currently according emerging threats (iv) in the matter following clause (iv), as Office; to the United States the proper priority and added by this subparagraph, by striking ‘‘3 (2) against members of the insurgency in should reallocate the current resources of nor more than 10 years’’ and inserting ‘‘5 Iraq is the second highest priority of the Of- the Office of Foreign Assets Control to en- years nor more than 20 years’’; and fice; and force the economic and trade sanctions of (3) in paragraph (3)(A), by striking ‘‘5 (3) against Iran is the third highest pri- the United States in a manner that enforcing years’’ and inserting ‘‘10 years’’. ority of the Office. such sanctions substantially increases the SEC. 403. AMENDMENT TO SENTENCING GUIDE- (b) REQUIREMENT FOR ANNUAL REPORT.— priority given to— LINES RELATING TO ALIEN SMUG- Not later than 180 days after the date of en- (1) al Qaeda and groups affiliated with al GLING OFFENSES. actment of this Act, and annually thereafter, Qaeda; (a) DIRECTIVE TO UNITED STATES SEN- the Secretary of the Treasury, in consulta- (2) members of the insurgency in Iraq; and TENCING COMMISSION.—Pursuant to its au- tion with the National Intelligence Director, (3) Iran. thority under section 994(p) of title 18, shall submit to Congress a report on the al- (b) REQUIREMENT FOR ANNUAL REPORT.— United States Code, and in accordance with location of resources within the Office of Not later than 180 days after the date of en- this section, the United States Sentencing Foreign Assets Control. actment of this Act, and annually thereafter, S10252 CONGRESSIONAL RECORD — SENATE October 1, 2004 the Secretary of the Treasury, in consulta- The PRESIDING OFFICER. Without Nicholaus was a good soldier. Here is tion with the National Intelligence Director, objection, it is so ordered. how his company commander CPT shall submit to Congress a report on the al- John Moore described him: location of resources within the Office of f Foreign Assets Control. Nick was a superb soldier and had a price- (c) CONTENT OF ANNUAL REPORT.—An an- HONORING OUR ARMED FORCES less sense of humor in a place where that nual report required by subsection (b) shall came at a premium. He always had a great PRIVATE-FIRST CLASS NICHOLAUS ZIMMER include— way of identifying with other soldiers and (1) a description of— Mr. DEWINE. Mr. President, I come making the best of some pretty rough situa- (A) the allocation of resources within the to the Senate floor today to pay trib- tions. As a soldier he was decorated twice for Office of Foreign Assets Control to enforce ute to a young Ohioan who gave his life bravery in battle, and he never forgot his the economic and trade sanctions of the in the line of duty fighting for freedom. duty to his fellow troops. After our company lost our first man, Sergeant Mike Mitchell, United States against terrorist organizations Today I stand here to remember a sol- and targeted foreign countries during the fis- Nick was best able to verbalize our sense of dier of inspiring independence and de- loss and what that grief meant to us, despite cal year prior to the fiscal year in which termination, a young man whose life such report is submitted; and his junior rank, experience and young age. I (B) the criteria on which such allocation is was cut far too short when the tank he will never forget his ability to joke and see based; was in was hit by a rocket-propelled the brighter side of any situation and his (2) a description of any proposed modifica- grenade in Kufa, Iraq. He was 20 years ability to identify with everybody regardless tions to such allocation; and old. of rank. Nick’s loss hit the 3rd Platoon and (3) an explanation for any such allocation Army PFC Nicholaus Zimmer was all of Crusader Company very hard and reso- nates through my company still. that is not based on prioritization of threats the only child of Lisa and Harold determined using appropriate criteria, in- ‘‘Gino’’ Zimmer of Powell, OH. The two I would like to share with you now an cluding the likelihood that— were proud, yet of course, worried e-mail message posted on a soldier me- (A) a terrorist organization or targeted for- morial Web site following Nicholaus’s eign country— when their son decided to enlist in the Army at the age of 17. Despite their death. It is from the sister of that same (i) will sponsor or plan a direct attack Sergeant Mitchell. The sister writes: against the United States or the interests of natural parental concerns, they knew the United States; or he would go his own way and do things To the family and friends of Nick—my (ii) is participating in or maintaining a nu- in his own way. Because, you see, name is Christine, and I am the sister of Mi- clear, biological, or chemical weapons devel- Nicholaus Zimmer was special. He was chael Mitchell, who served with Nick. My opment program; or brother was taken from us on April 4, 2004. voted most unique in the Westland My heart goes out to you because we defi- (B) a targeted foreign country— High School class of 2002. He defied (i) is financing, or allowing the financing, nitely can understand your pain. . . . I want of a terrorist organization within such coun- stereotypes. He was unconventional. to thank you all since I will not be able to try; or He had an exceptional spirit. Nicholaus tell Nick myself. I guess Nick was helping (ii) is providing safe haven to a terrorist was lovingly described as a bookish, the soldiers with the death of my brother. I organization within such country. pink-haired, 1970s-clothes-wearing, read a letter that Captain Moore wrote (d) EFFECTIVE DATE.—Notwithstanding sec- skateboarding kid who loved to ques- where he said, ‘‘Nobody will ever forget that tion 341 or any other provision of this Act, tion authority. I should note, though, Nick Zimmer was probably one of the most verbally expressive soldiers in this command this section shall take effect on the date of that the pink hair description was con- the enactment of this Act. and that he more than anyone else in the stantly changing, as Nicholaus altered Ms. COLLINS. Mr. President, I sug- company helped us to identify the effects of his hair color to blue and even shaved Mike Mitchell’s death so we could soldier gest the absence of a quorum. it once into a Mohawk haircut. Though through it and understand it.’’ So Nick, The PRESIDING OFFICER. The most would consider pink hair as thank you. You and my brother are together clerk will call the roll. strictly a defining characteristic, it now. Please take care of each other. The legislative clerk proceeded to was not so for Nicholaus. As with other I have no doubt that they are taking call the roll. care of each other. Soldiers take care Ms. COLLINS. Mr. President, I ask aspects of his life, Nicholaus could not of each other in life and in death. When unanimous consent that the order for be easily pigeonholed—not really—es- Nicholaus passed away, family, friends, the quorum call be rescinded. pecially as a punk rock youth. No, he The PRESIDING OFFICER. Without loved to read Shakespeare and would and members of the Powell community objection, it is so ordered. quote it while talking to teachers. came out to show their support for the Nicholaus was considering becoming an Zimmer family. American flags lined AMENDMENT NO. 3903 English teacher. Well, that or maybe the yards down the street, and neigh- Ms. COLLINS. Mr. President, I ask an Apache helicopter pilot. Nicholaus bors stood along the road to pay their unanimous consent to set the pending was ambitious and set his goals high. respects as the funeral procession amendment aside and call up the Ste- He enlisted in the Army so he could passed, a procession that included vens amendment No. 3903. Nicholaus’s father and dozens of motor- The PRESIDING OFFICER. The earn money to go to college and see the cycles adorned with flags. clerk will report. world. He was assigned to the 2nd Bat- The legislative clerk read as follows: talion, 37th Armored Regiment, 1st Ar- Though it is never easy to say good- mored Division out of Friedberg, Ger- bye, the funeral of Nicholaus Zimmer The Senator from Maine [Ms. COLLINS], for was what he would have wanted. A two- Mr. STEVENS, Mr. INOUYE, Mr. WARNER, and many. His job was driving M1A1 Mr. KYL, proposes an amendment numbered tanks—another irony in his life given star general sat next to a skateboarder 3903. the fact that Nicholaus didn’t have a with multiple piercings. Looking The amendment is as follows: driver’s license. Nevertheless, he drove through the crowd, one could see (Purpose: To strike section 201, relating to that tank with great skill and exper- tattooed bikers, men in business suits, public disclosure of intelligence funding) tise. and teenagers with a variety of uncon- On page 115, strike line 15 and all that fol- At age 19, Nicholaus was sent to Iraq. ventional hair colors. Yes, I think he lows through page 115, line 25. Nicholaus would send his parents sou- would have liked it. Ms. COLLINS. I suggest the absence venirs from Iraq, including shrapnel Indeed, Nicholaus Zimmer was a of a quorum. and money with Saddam Hussein’s face unique young man, a unique young The PRESIDING OFFICER. The on it. They in turn would send him his man with the ability to bring people clerk will call the roll. favorite books and baby wipes to take together of all walks of life. This was The assistant legislative clerk pro- the sand off of his body. apparent at the funeral. It was appar- ceeded to call the roll. Nicholaus was proud to serve. He was ent to anyone who knew him. Mr. DEWINE. Mr. President, I ask also anxious to come home, come home As his father said: unanimous consent that the order for to show his parents the man he had be- Look at Nicholaus as an example . . . He the quorum call be rescinded. come in the time that he was away. always lived the way he wanted to—and he The PRESIDING OFFICER. Without As his mom said; died that way, too. objection, it is so ordered. His year was up on Mother’s Day. You Mr. President, I never had the chance Mr. DEWINE. I ask unanimous con- could tell he was ready to come home. But to meet Nicholaus Zimmer, but I wish sent to proceed in morning business. he had a job to do. I could have. I did have the privilege of October 1, 2004 CONGRESSIONAL RECORD — SENATE S10253 meeting Nicholaus’s family during the SANTORUM, and Mr. CORNYN, proposes an (1) the person’s act or omission proxi- calling hours for their son. I thank amendment numbered 3931. mately causing the injury, damage, loss, or them for sharing their memories with Mr. FRIST. Mr. President, I ask death constitutes gross negligence or inten- me. They told me that Nicholaus was unanimous consent that the reading of tional misconduct; or (2) the person is the manufacturer of the not the only member of their family to the amendments be dispensed with. fire control or fire rescue equipment. serve overseas. Nicholaus had an uncle The PRESIDING OFFICER. Without (c) PREEMPTION.—This title preempts the who served in Vietnam and a grand- objection, it is so ordered. laws of any State to the extent that such father who saw action in Korea. The The amendments are as follows: laws are inconsistent with this Act, except Zimmer family is proud of their son’s AMENDMENT NO. 3930 that this title shall not preempt any State service. Our Nation, too, is proud of his (Purpose: To clarify that a volunteer for a law that provides additional protection from service. federally-created citizen volunteer pro- liability for a person who donates fire con- Mr. President, I will conclude with a gram and for the program’s State and local trol or fire rescue equipment to a volunteer fire company. message from the extended family of affiliates is protected by the Volunteer Protection Act) (d) DEFINITIONS.—In this section: Army Specialist A.J. Vandayburg, an (1) PERSON.—The term ‘‘person’’ includes Ohio soldier from Mansfied, who was At the appropriate place, insert the fol- any governmental or other entity. lowing: also killed in Iraq in April. They wrote (2) FIRE CONTROL OR RESCUE EQUIPMENT.— the following to the Zimmer family: SEC. ll. FIRST RESPONDER CITIZEN VOLUN- The term ‘‘fire control or fire rescue equip- TEER PROTECTION ACT. ment’’ includes any fire vehicle, fire fighting Thank you, Nicholaus, for protecting us (a) SHORT TITLE.—This section may be tool, communications equipment, protective all. Sometimes we forget what our Armed cited as the ‘‘First Responder Citizen Volun- gear, fire hose, or breathing apparatus. Forces are doing for us. Freedom, unfortu- teer Protection Act’’. (3) STATE.—The term ‘‘State’’ includes the nately, comes with that unforgivable, (b) IMPORTANCE OF VOLUNTEERS.—Section several States of the United States, the Dis- unfathomable price. You will not be forgot- 2(a) of the Volunteer Protection Act of 1997 trict of Columbia, the Commonwealth of ten for your sacrifice. To your family, we say (42 U.S.C. 14501(a)) is amended— Puerto Rico, the Commonwealth of the thank you, too, for your sacrifice. There are (1) in paragraph (6), by striking ‘‘and’’ Northern Mariana Islands, American Samoa, no words to replace a child, a brother, an after the semicolon; Guam, the Virgin Islands, any other terri- uncle—a loved one. When you are able, seek (2) by redesignating paragraph (7) as para- tory or possession of the United States, and out those who have given their all. We know graph (8); and any political subdivision of any such State, from experience the price you have paid, and (3) by inserting after paragraph (6) the fol- territory, or possession. we mourn with you. God bless you all. lowing: (4) VOLUNTEER FIRE COMPANY.—The term Mr. President, I think that letter ex- ‘‘(7) since the attacks of September 11, ‘‘volunteer fire company’’ means an associa- presses our sentiments, as well, to the 2001, the Federal Government has encour- tion of individuals who provide fire protec- family. aged Americans to serve their country as cit- tion and other emergency services, where at izen volunteers for programs such as the Vol- least 30 percent of the individuals receive lit- MARINE LANCE CORPORAL WILL STEVENS unteers in Police Service (VIPS), Medical Mr. BUNNING. Mr. President, I today tle or no compensation compared with an Reserve Corps (MRC), Community Emer- entry level full-time paid individual in that honor LCpl Will Stevens of Russell, gency Response Team (CERT), Neighborhood association or in the nearest such associa- KY, for his service to his country in Watch, and Fire Corps, which help increase tion with an entry level full-time paid indi- the United States Marine Corps. While our homeland security preparedness and re- vidual. LCpl Stevens is recovering from a com- sponse, and which provide assistance to our (e) EFFECTIVE DATE.—This title applies bat injury to his foot in a hospital bed fire, police, health, and medical personnel, only to liability for injury, damage, loss, or and fellow citizens in the event of a natural in San Diego, I point out the impor- death caused by equipment that, for pur- or manmade disaster, terrorist attack, or act poses of subsection (a), is donated on or after tance of his service to our country. of war; and’’. Will’s service to his country in Iraq the date that is 30 days after the date of en- (c) CITIZEN VOLUNTEER PROGRAM.—Section actment of this Act. ensures a safer future for America and 6 of the Volunteer Protection Act of 1997 (42 SEC. 3. STATE-BY-STATE REVIEW OF DONATION a more stable world in general. Will’s U.S.C. 14505) is amended by adding at the end OF FIREFIGHTER EQUIPMENT. family, his loved ones and his country- the following: (a) REVIEW.—The Attorney General of the men are the people who benefit from ‘‘(7) GOVERNMENTAL ENTITY.—The term United States shall conduct a State-by-State the work he did in Iraq. We are all in- ‘government entity’ means for purposes of review of the donation of firefighter equip- this Act— ment to volunteer firefighter companies dur- debted to him for our way of life, our ‘‘(A) Federal or State Government, includ- freedoms and for an example of what it ing the 5-year period ending on the date of ing any political subdivision or agency enactment of this Act. means to be a good American. thereof; and (b) REPORT.— In the words of Will’s grandfather, ‘‘(B) a federally-established or funded cit- (1) IN GENERAL.—Not later than 6 months ‘‘He is my hero . . . I am really proud izen volunteer program, including those co- after the date of enactment of this Act, the of him and am relieved he is going to ordinated by the USA Freedom Corps estab- Attorney General of the United States shall be alright.’’ And so am I. I thank Will lished by Executive order 13254 (February 1, publish and submit to Congress a report on and all his fellow service members for 2002), and the program’s components and the results of the review conducted under State and local affiliates. their work. May God bless them. subsection (a). Mr. FRIST. Mr. President, I ask AMENDMENT NO. 3931 (2) CONTENTS.—The report published and (Purpose: To remove civil liability barriers submitted under paragraph (1) shall include, unanimous consent that the order for for each State— the quorum call be rescinded. that discourage the donation of equipment to volunteer fire companies) (A) the most effective way to fund fire- The PRESIDING OFFICER. Without fighter companies; objection, it is so ordered. At the appropriate place, insert the fol- lowing: (B) whether first responder funding is suffi- AMENDMENTS NOS. 3930 AND 3931, EN BLOC cient to respond to the Nation’s needs; and TITLE ll. VOLUNTEER FIREFIGHTER Mr. FRIST. Mr. President, on behalf (C) the best method to ensure that the ASSISTANCE equipment donated to volunteer firefighter of Senator MCCONNELL I now ask unan- SEC. ll01. SHORT TITLE. companies is in usable condition. imous consent that the pending amend- This title may be cited as the ‘‘Good Sa- Mr. FRIST. I ask unanimous consent ments be set aside, and I call up maritan Volunteer Firefighter Assistance amendments Nos. 3930 and No. 3931, en Act of 2004’’. that the amendments be set aside. The PRESIDING OFFICER. Without bloc. SEC. ll02. REMOVAL OF CIVIL LIABILITY BAR- The PRESIDING OFFICER. Without RIERS THAT DISCOURAGE THE DO- objection, it is so ordered. Mr. FRIST. I ask unanimous consent objection, it is so ordered. NATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES. The clerk will report. that notwithstanding the filing re- (a) LIABILITY PROTECTION.—A person who quirement, it be in order for the man- The assistant legislative clerk read donates fire control or fire rescue equipment as follows: agers to propose cleared amendments to a volunteer fire company shall not be lia- prior to the cloture vote. The Senator from Tennessee [Mr. FRIST], ble for civil damages under any State or Fed- The PRESIDING OFFICER. Without for Mr. MCCONNELL, for himself, and Mr. eral law for personal injuries, property dam- CORNYN, proposes an amendment numbered age or loss, or death proximately caused by objection, it is so ordered. 3930. the equipment after the donation. Mr. FRIST. I ask unanimous consent The Senator from Tennessee [Mr. FRIST], (b) EXCEPTIONS.—Subsection (a) shall not that at 4:15 on Monday, October 4, the for Mr. MCCONNELL, for himself, Mr. apply to a person if— Senate proceed to votes in relation to S10254 CONGRESSIONAL RECORD — SENATE October 1, 2004 the following amendments; provided XXII provides for that postcloture Wolfowitz and Senator INOUYE deserve further that no second degrees be in time. the attention of the Senate. I ask order to the mentioned amendments CLOTURE MOTION unanimous consent that the speeches prior to the votes; further, that there Mr. FRIST. Mr. President, on behalf of General Myers, Dr. Wolfowitz and be 2 minutes equally divided for debate of Senator DASCHLE and myself, I send Senator INOUYE be printed in the prior to each of the votes. The amend- a cloture motion to the desk. RECORD. ments are: Byrd No. 3845; Warner No. The PRESIDING OFFICER. The clo- There being no objection, the mate- 3877, as modified; Stevens No. 3829; Ste- ture motion having been presented rial was ordered to be printed in the vens No. 3903; Stevens No. 3826; Stevens under rule XXII, the Chair directs the RECORD, as follows: No. 3827. clerk to read the motion. REMARKS BY CHAIRMAN OF THE JOINT CHIEFS The PRESIDING OFFICER. Without The legislative clerk read as follows: OF STAFF, GENERAL RICHARD B. MYERS, AT POW/MIA RECOGNITION DAY CEREMONY objection, it is so ordered. CLOTURE MOTION Thank you so much for joining us as we re- AMENDMENT NO. 3705 We the undersigned Senators, in accord- member our Prisoners of War and those still Mr. FRIST. I now ask for the regular ance with the provisions of rule XXII of the Missing in Action. order with respect to Collins- Standing Rules of the Senate, do hereby A special thanks Senator for joining us move to bring to a close debate on S. 2845, Lieberman amendment No. 3705. today. In my view, Senator Inouye embodies Calendar No. 716, a bill to reform the intel- The PRESIDING OFFICER. That our nation’s commitment to service and sac- ligence community and the intelligence and amendment is now pending. rifice—from his decorated military service intelligence-related activities of the United Mr. FRIST. Mr. President, I thank during World War II to his dedicated public States Government, and for other purposes. the chairman and ranking member for service over the last 40 years. Sir, thank you Bill Frist, Tom Daschle, Susan Collins, so much for your support of our military their tremendous work today, really Lamar Alexander, Orrin Hatch, family and for taking the time to be with us over the course of the last week, espe- Lindsey Graham, John Warner, Judd cially on the amendments that we have today. Gregg, Saxby Chambliss, John Cornyn, This past Saturday, as you know, marked addressed over the course of the whole Kay Bailey Hutchison, George Allen, the 3-year anniversary of September 11 ter- week. They have worked diligently. It Gordon Smith, Jim Talent, Norm Cole- rorist attacks. The tragedies of that day, as has been a productive week. It has been man, Ben Nighthorse Campbell, Mitch well as our ongoing combat operations in the a long week, but we have had good de- McConnell, Joseph Lieberman. War on Terrorism, serve as a solemn re- bate on an issue that is complex, an Mr. FRIST. I now ask consent that minder that service and sacrifice are really a issue that we have all studied for a the live quorum under rule XXII be part of our lives. long period of time but an issue on waived. Those who take the oath of office, and put which I believe debate and the amend- The PRESIDING OFFICER. Without on our Nation’s uniform, make a commit- objection, it is so ordered. ment to put the interests of others ahead of ment process contributes even greater their own, and set aside their personal safety to our understanding. Mr. FRIST. This vote will occur and comfort for the well being of others. It has been very important for Mem- Tuesday morning. I will announce on They become part of our military family, bers to come to the floor and debate Monday the precise timing of the vote dedicated to protecting all our families. their different views and their on Tuesday, but I will anticipate an Today we remember those who embraced thoughts with respect to our intel- early vote on that morning. this quality to the fullest. When one of our own is killed in action, taken prisoner or ligence agencies, their relationships f missing, we lose a member of our military one to another. MORNING BUSINESS We have a number of amendments family. Certainly, I’ve experienced the loss Mr. FRIST. Mr. President, I ask of friends and squadron mates during my now pending. As the preview order pro- time in Vietnam and in the years since. I ex- vides, we will begin voting on some of unanimous consent that there be a pe- pect and know most of you here have experi- those amendments at 4:15 on Monday. riod for morning business with Sen- enced similar pain and similar grief. I come to the floor at this time with ators permitted to speak for up to 10 When one of our own becomes a POW or is the concern that the clock is still tick- minutes each. missing, their families, both the immediate ing and is working against us on the The PRESIDING OFFICER. Without family and the larger military family, en- bill, in part because of the large num- objection, it is so ordered. dure the tragic pain of not knowing where ber of potential amendments. People Mr. STEVENS. Mr. President, Tues- they are or if they will ever return. day, September 14, was National POW/ So it is for both the immediate family, and have submitted amendments and put our larger military family, that today’s cere- them in language and begun talking MIA Recognition Day. American citi- mony carries really so much meaning. We about them, but we clearly need to zens in towns and communities all gather to formally remember our loved ones pick up the pace in order to finish the across our Nation commemorated this and their service, and to renew our pledge bill early next week. occasion by pausing to remember that we shall never, never forget them. Following the completion of this bill, American prisoners of war, those who The character of our Nation, in many re- the Senate still must address the inter- continue to be missing, and their fami- spects, is reflected in the character of those nal reform, the internal intelligence lies. who serve. Those we remember today reflect A national observance was held on the very best of our Nation. oversight reform that goes on in this Our Deputy Secretary of Defense is also body. We will begin that on the Senate the River Parade Field at the Pentagon passionate about the welfare of our service- floor after we complete the Collins- with an honor guard parade consisting men and women, and their families. And Lieberman bill. of units from the Army, Marine Corps, there is no one who fights harder on their be- Having said that, I will file a cloture Navy, Air Force and Coast Guard. half. He’s demonstrated a selfless commit- motion in a moment. I do this to en- Guests included the families of former ment to the ideals of freedom and democracy sure that we will being the Collins- POWs and MIAs and representatives of as Assistant Secretary of State, as our U.S. Lieberman bill to conclusion at a rea- veterans’ organizations. Ambassador to Indonesia, and teaching at The guest of honor for this occasion some of our Nation’s finest institutions. sonable time next week, still giving us It’s a privilege and an honor to introduce time to address the other aspect of re- was our distinguished colleague and our Deputy Secretary of Defense, the Honor- form, and that is the internal oversight our dear friend, Senator DAN INOUYE of able Paul Wolfowitz. reform in the Senate. Hawaii. Senator INOUYE spoke elo- This is done in consultation with the quently about the significance of this REMARKS OF DEPUTY SECRETARY OF DEFENSE managers and with the Democratic remembrance as did Gen Richard PAUL WOLFOWITZ—INTRODUCTION OF SEN- leadership. The purpose is not in any Myers, chairman of the Joint Chiefs of ATOR DANIEL INOUYE AT THE NATIONAL way to cut off Senators’ rights, but I do Staff, and Deputy Secretary of Defense POW/MIA RECOGNITION DAY remind my colleagues that when Paul Wolfowitz. Thank you, General Myers, for those in- colture is invoked there is still an addi- Secretary Wolfowitz’s statement in- spiring words. And thank you for your strong leadership and faithful service to our coun- tional 30 hours of consideration if we cluded an introduction of Senator try. need that. INOUYE that captured the life and leg- We are joined today by more than a few I hope all of that time will be consid- acy of this great patriot. The eloquent others who have served our nation: members ered but not be necessarily used. Rule remarks of General Myers, Secretary of America’s magnificent Armed Forces, and October 1, 2004 CONGRESSIONAL RECORD — SENATE S10255 many of our brave veterans, including the to the Red Cross station, where he taught bers and length of service, the 442nd became many former POWs who join us, and our spe- first aid. There were so many injuries, it the most decorated unit in the history of the cial guest, Senator Dan Inouye. would be five days before he would return U.S. Army. And Daniel Inouye was one of the I want to take this occasion to say thank home. most decorated heroes among them . . . to you to Jerry Jennings, the President’s point Dan Inouye wanted to do more. But be- include a much-belated Medal of Honor. man for accounting for America’s missing; cause he was of Japanese descent, he was Dan Inouye’s story of valor in battle would and the dedicated men and women on his classified as 4–C—meaning he was considered be more than enough to secure his place in team. The recovery and return of our miss- a—quote—‘‘enemy alien.’’ That made him— history. But, it was merely prologue to an ing Americans can mean years of pains- and all Japanese-Americans—ineligible for amazing story of service to our country. taking effort. And some 600 men and women, the draft. The story continued when the people of both military and civilians, around the world Dan Inouye wasn’t discouraged by the pain Hawaii voted Daniel Inouye into office in take part in everything from diplomatic ne- of this prejudice. Instead, he signed petitions 1954, as a member of the Territorial Legisla- gotiations and field operations to forensic that went to the President, asking for the ture. In 1959, when Hawaii achieved state- analysis. They are tireless and dedicated. opportunity to serve. And in the meantime, hood, he became its first member of the U.S. And through their latest efforts, the remains he went to medical school. House of Representatives. In 1962, he was of fallen Americans have just been recovered In 1942, President Roosevelt authorized a elected to the Senate. He is now in his sev- in North Korea and are now headed home. combat team of Japanese American volun- enth term. A special welcome to those of you who teers. Senator Inouye has recalled what Fifty years after entering public service, serve as leaders and volunteers of POW/MIA Franklin Roosevelt said when he authorized the man best known to Hawaiians simply as family groups. We appreciate your tireless the unit. It was a phrase, the Senator has ... ‘‘Dan’’ . . . is a legend on the Islands. I said, ‘‘that meant a lot to the men of the devotion in keeping the home fires burning think Dan Inouye’s an American legend, too. for those Americans still missing or unac- regiment: ‘Americanism is not and has never Maybe there’s a sort of irony that public been a matter of race or color,’ said FDR. counted for. Your devotion to loved ones who servants from our nation’s farthest out- ‘Americanism is a matter of mind and have yet to return helps our nation to honor posts—Hawaii and Alaska—stand at the cen- heart.’’’ And Dan Inouye proved the truth in its commitment to those we must never for- ter of America’s political life. I have had those words. He immediately quit medical get. more than a passing interest in America’s re- We’re here today to honor your commit- school to enlist in the Army. On the day young Dan Inouye left for lations with Asia, and I can tell you how for- ment and your courage. Army training, his father went with him to tunate we are to have in Hawaii a state that We’re here to remember and honor the extends America’s reach so deeply into the courage of America’s POW’s and missing the pickup point. He’d been silent for most of the ride. Then he cleared his throat, and Asia-Pacific. How fortunate we are to have a countrymen who risked everything, facing senator like Daniel Inouye, a man informed the worst of war to preserve the best of looking straight ahead, he said to his son: ‘‘America has been good to us... We all love by the wisdom of his years, who looks only America. this country. Whatever you do, do not dis- to the future. He gazes west, sees possibili- And we are here—above all—to reaffirm ties, and understands how important our re- our commitment to keep the pledge Presi- honor your country. Remember; never dis- honor your family. And if you must give lations with that great region of the world dent Bush has made to achieve ‘‘the fullest are for the future of this country. And he has possible accounting of our prisoners of war your life, do so with honor.’’ Senator Inouye later recalled: ‘‘I knew exactly what he done great service to this nation to build and and those missing in action.’’ The brave men strengthen those key relationships. and women who serve today—whether in Af- meant. I said, ‘Yes, sir. Good-bye.’’’ Dan Inouye shipped off to Europe, part of And we are fortunate in how great a friend ghanistan or in Iraq or in other theaters of the 442nd Regimental Combat Team, made Senator Dan Inouye has been to America’s the war on terrorism—can do so with the full up mostly of Japanese Americans. As the Armed Forces. confidence that if they are captured, become Italian peninsula came into view, Dan There is no one who understands better missing or fall in battle, this nation will Inouye asked some of his comrades what what the men and women of our Armed spare no effort to bring them home. That, they’d been thinking on their last night Forces want for this country and what they too, is our solemn pledge. However long it aboard ship. Most said the same thing: they are prepared to give. takes, whatever it takes, whatever the cost.’’ hoped they wouldn’t dishonor their families. No one who understands better how impor- As General Myers reminded us, on Satur- Senator Inouye would later say: ‘‘We knew tant the unstinting support of the American day, we observed the third anniversary of very well that, if we succeeded, their lives’’— people is for our troops as they undertake September 11th. I was with Secretary Rums- the lives of the little brothers and sisters their difficult and dangerous work. feld and General Pete Pace and family mem- and parents back home—‘‘would be better.’’ No one who understands better than Dan bers in Arlington Cemetery. We’d gathered The 442nd’s motto was ‘‘Go for Broke.’’ Its Inouye the kind of devotion to our nation at the burial spot for the Americans who men would prove they were prepared to risk the American soldier takes to war . . . and died at their Pentagon posts just a few hun- everything they had to win. Prepared to how important is the pledge we make to dred yards away on that horrific day. match prejudice with bravery of the highest them that we will leave no man or woman The serene beauty of their final resting order. behind. place reminded us all that Americans are re- Senator, you once told me about a par- Dan Inouye shares this nation’s commit- luctant warriors. But, as Secretary Rumsfeld ticular day in Italy. You sensed that the war ment . . . that we will not rest until we have said, that September 11th three years ago was probably coming to an end, and you told the fullest possible accounting of each Amer- was America’s call to arms. And as they’ve one of your sergeants—for you’d received a ican who has risked it all in service to our always done, brave Americans have once battlefield commission by then, because the country. again taken up arms to defend our safety, losses in your unit had been so great—you We thank you, Senator, for your support of our security and our liberty. told that sergeant that the war was probably our men and women in uniform, including on I recently met one young soldier who was coming to an end soon, that he should be this critical issue. wounded grievously in Iraq. Yet, he de- careful and not become one of the last men Fifty years in public service is an impres- scribed how ravaged Iraq had been before the killed. What you didn’t tell me was that you sive milestone. And just last week, Senator Americans arrived, and how much good he never intended to follow your own advice. Inouye celebrated another significant mile- had been able to do in the time he’d been The war ended in Europe on May 8, 1945. stone—his 80th birthday. there. Then, he put his own enormous sac- Just 18 days before, on April 21, 1945, near He spent that day as he spends most others rifice into this selfless context. He said: San Terenzo, Lieutenant Inouye’s unit was . . . at his desk, working for America and We’re fighting for everything we believe in.’’ ordered to attack a heavily defended ridge. America’s men and women in uniform. It’s a He said: ‘‘Something had to be done.’’ As the lieutenant crawled up the slope, he privilege, Senator, to have you here to wish We have with us today a man who em- was hit by machine gun fire. But he kept you ‘‘Happy 80th Birthday.’’ . . . And many bodies that same love for America, that going, destroying one machine-gun nest, more. same selfless devotion to preserve what then a second one, before he fell to the Ladies and gentlemen, it’s an honor to America stands for. As a soldier and a sen- ground. He dragged himself toward a third present to you Senator Daniel Inouye. ator, he has spent a lifetime fighting for ev- bunker, and as he was about to pull the pin erything America believes in. When some- on his last grenade, a German grenade tore SENATOR DANIEL INOUYE thing had to be done, he was there to do it. into his arm. He pried the grenade out of his Secretary Wolfowitz, General Myers, Ladies and gentlemen, Daniel Inouye is a lifeless hand, and threw it at the bunker. An- former prisoners of war, family members of true American hero. other bullet hit him in the leg. Finally a our missing in action, fellow veterans, and On December 7, 1941, 17-year-old Dan medic gave him a shot of morphine, but the men and women who proudly wear the Inouye stood beside his father outside their Lieutenant Inouye wouldn’t let them evac- uniform of our Armed Forces who are with home in Honolulu, watching as dive-bombers uate him until the area was secure . . . until us here today. attacked Pearl Harbor. As Japanese Ameri- he knew his men were safe. It is an honor for me to stand with you this cans, father and son were especially pained Dan Inouye didn’t play it safe. He risked morning as our Nation pauses to recognize and stunned—as the Senator would later re- everything to protect his men. those who have gone before us, those who call, they’d worked so hard to be good Amer- Uncommon valor was a common virtue have sacrificed so much, and continue to do icans. Dan jumped on his bicycle and rushed throughout that unit. Based on their num- so. S10256 CONGRESSIONAL RECORD — SENATE October 1, 2004 Grateful Americans are holding events fields, our challenge remains to account for the Senate to investigate the facts, such as these in cities and towns across this those who fell in past conflicts. from genesis to final approval to imple- great land of ours, to express their gratitude I am told that more than 1,800 are unac- mentation and abuse. However, this to those who sacrificed their freedom to en- counted for from the Vietnam war—730 oth- Senate, and in particular the Judiciary ers have been identified and returned to sure ours, our American POWs, and to those Committee, continues to fall short in who have never returned from foreign battle- their families since the end of that war. fields, our MIAs. Just last week, our troops from the Joint its oversight responsibilities. Americans honor their POWs and MIAs, Task Force on Full Accounting brought Democrats on the Judiciary Com- their comrades, and their families through home the remains of more American soldiers mittee attempted in June to force the our worldwide commitment to account for from the Korean war. disclosure of policy memos on the our missing warriors, to bring our heroes Throughout the world—from North Korea treatment of detainees, but were de- home from distant lands, and to reunite to Southeast Asia, in the South Pacific, and feated by a party-line vote. Recently, a them once again with their loved ones. even in Europe and Russia, with the coopera- Federal judge, recognizing the impor- American POWs and MIAs have honored tion of the people and governments of many tance of public examination of such their Nation through their service and sac- nations, the work goes on around the clock. documents, ordered the Bush adminis- rifice, much like the magnificent young men My fellow Americans, this past weekend and women standing so proudly on the pa- the Nation commemorated the third anniver- tration to comply with freedom of in- rade field before us today. As I marched the sary of the terrorist attack on the United formation laws and release a list of all line this morning, I was inspired beyond States. The horrifying memory of the attack documents on the detentions at Abu words by their professionalism. You honor remains fresh in our minds. Ghraib prison by October 15. I com- all of us with your presence this morning. Less than one week after 9–11, Senator TED mend this decision, but even that list Those who wear the uniform today, and STEVENS and I were sent by the Senate to would not tell the entire story. those who went before them know—better New York to assess the damage as we pre- A recent Washington Post column than most—why bringing our missing Ameri- pared our first supplemental appropriations addressed the administration’s attempt cans home is a sacred commitment. That measure to respond to the tragedy. As we to whitewash this scandal. Jackson mission rests squarely on the shoulders of circled the smoldering ruins I was struck by Diehl wrote: those of us to whom you have entrusted the devastation that lay below us. some measure of leadership. The day before, we had toured the wreck- Cynics will not be surprised to learn that Your support and encouragement will con- age here at the Pentagon. senior military commanders and Bush ad- tinue to hold us accountable. Though this ef- Let me tell all of you that those two expe- ministration officials are on the verge of avoiding any accountability for the scandal fort is ingrained in the hearts and minds of riences are etched in my brain never to be of prisoner abuse in Iraq and Afghanistan— Americans, it is you who ensure this mission forgotten. despite the enormous damage done by that continues. Today we recognize that the world remains affair to U.S. standing in Iraq and around the I want to say especially to the families of a dangerous place. As much as we desire to world; despite the well-documented malfea- the missing and to you—their comrades— live in peace we understand that there is sance and possible criminal wrongdoing by that your government will not rest until all likely to always be a need for a strong mili- those officials; despite the contrasting pros- come home. tary to defend this country and to fight our ecution of low-ranking soldiers. More than 140 years ago, President Lin- Nation’s wars. coln, desperately seeking to hold our Nation Our obligation is both to future genera- Allowing senior officials to avoid ac- together, spoke of ‘‘. . . those brave men who tions of those who go in harm’s way, and to countability sets a dangerous prece- are now on the tented field or nobly meeting those of the past, as Lincoln said, we will as- dent. It is time for Congress, even this the foe in the front . . . that they who sleep sure all of you and them that we shall never Republican Congress, to do its job and in death . . . are not forgotten by those in forget. take action. We must send a message highest authority . . . and should their fate That, my fellow Americans is our solemn that no one in the chain of command— be the same, their remains will not be pledge. Thank you. from an enlisted private at Abu Ghraib uncared-for.’’ f At the dedication of a grand, national cem- to the Commander-in-Chief—is above etery near the battlefield—at Gettysburg, ABUSE OF FOREIGN DETAINEES the laws of our Nation. Pennsylvania, in perhaps the most eloquent The investigations completed thus Mr. LEAHY. Mr. President, almost far provide additional insight into how 272 words in American history, the President five months after learning of the atroc- spoke to the families of those lost and to the the prison abuses occurred, but their soldiers still in combat. ities that occurred at Abu Ghraib, sev- narrow mandates prevented them from He spoke of the honor that we must pay to eral of the investigations into U.S. de- addressing critical issues. The reports those who have made the ultimate sacrifice tention policies are now complete. I by the Army Inspector General, Maj. to ensure their sacrifices were not in vain to commend Chairman WARNER for his ef- Gen. George Fay, and Lt. Gen. Anthony ensure that this Nation will never forget. forts to investigate this scandal, but he We are equally committed today to the Jones all suffered from structural limi- remains hampered by the leadership of tations. The Army IG report was de- families of the missing from past conflicts, his own party and an administration and to the soldiers still in combat. signed as ‘‘a functional analysis’’ of op- More than 600 men and women are working that does not want the full truth re- erations, not an investigation into any around the world on that commitment—that vealed. While the investigations pro- specific incidents. The Fay and Jones mission. In my home State of Hawaii we vide new insight into how the abuses reports, tasked with reviewing the role have the headquarters of the Joint Task occurred, they frequently raise as of military intelligence at Abu Ghraib, Force on Full Accounting that carries out many new questions as they answer. were limited in scope to the military these searches and the Combat Identification Despite calls from a small handful of us Lab which goes through the painstaking itself despite acknowledging that rela- who want to find the truth, Congress tionships between military intel- process of identifying the remains which are and this administration have failed to discovered. ligence, military police, and outside I am very proud of their work and the seriously investigate acts that bring agencies were significant to the break- small contribution that my state makes to dishonor upon our great Nation and en- down in order. Overall, these investiga- this effort. danger our soldiers overseas. tions collectively suffered from a lack You are aware of the monumental effort to The Bush administration circled the of scope and authority, leaving key in- account for the missing from all wars. But wagons long ago and has continually quiries into issues like contractor the commitment goes much further than maintained that the abuses were the abuses and ‘‘ghost detainees’’ unex- that. work of ‘a few bad apples.’ I have long While we seek to bring home the warriors plored. of the past, we must also ensure that you said that somewhere in the upper The panel led by former Defense Sec- warriors of the present—should you go into reaches of the executive branch a proc- retary James Schlesinger was similarly harm’s way—your Nation will bring you ess was set in motion that rolled for- limited to the role of the military and home. ‘‘Whatever it takes . . .’’ ward until it produced this scandal. could not investigate the role of the The results of this mission can be seen on Even without a truly independent in- CIA. The Schlesinger panel had no sub- distant battlefields where numerous per- vestigation, we now know that the re- poena power and lacked true independ- sonnel in Afghanistan and Iraq have been re- sponsibility for abuse runs high up into ence. Its loyalty to the Secretary of covered. In Iraq alone, our heroic rescue forces have the chain of command. To put this Defense is betrayed by its acceptance recovered more than 75 of our warriors alive. matter behind us, first we need to un- of a policy that is proving to be one of But in spite of our commitment to recover derstand what happened at all levels of the root causes of this scandal. In Au- today’s service members from today’s battle- government. It is the responsibility of gust 2002, Assistant Attorney General October 1, 2004 CONGRESSIONAL RECORD — SENATE S10257 Jay Bybee wrote in a memo to White and migrated from the front lines on we have discovered, it points to a much House Counsel Alberto Gonzales that, one continent to the next. larger problem. The U.S. Army Crimi- ‘‘While many of these techniques may In February 2002, President Bush nal Investigation Command received a amount to cruel, inhuman or degrading signed a memorandum stating that the tip about Naseer’s death earlier this treatment, they do not produce pain or Geneva Conventions did not apply to year, but could not investigate the suffering of the necessary intensity to members of al-Qaida and the Taliban. matter due to a lack of information. meet the definition of torture.’’ Alarm- That decision was taken at the rec- Christopher Coffey, an Army detective ingly, in his recent testimony before ommendation of the Attorney General based at Bagram air base, told the L.A. the Senate Armed Services Committee, and White House counsel, and over the Times: Dr. Schlesinger sounded more like an objection of the Secretary of State. We’re trying to figure out who was running administration official than an inde- Eight months later, in October 2002, the base. We don’t know what unit was pendent investigator. His statement to with hundreds of prisoners captured in there. There are no records. The reporting the committee that, ‘‘What constitutes Afghanistan then being held at Guan- system is broke across the board. Units are humane treatment lies in the eye of tanamo Bay, the Schlesinger report transferred in and out. There are no SOPs the beholder’’ is something I would states that authorities at the base ‘‘re- [standard operating procedures] and each have expected to read in a memo from quested approval of strengthened unit acts differently. Jay Bybee, not the head of an ‘‘inde- counter-interrogation techniques.’’ In The L.A. Times article illustrates a pendent’’ commission. December of that year, according to serious failure of leadership by the De- I could not disagree more with the the Fay report, Secretary Rumsfeld ap- partment of Defense and the obvious statements of Dr. Schlesinger and Mr. proved for use at Guantanamo tech- shortcomings of allowing the Pentagon Bybee. The Geneva Conventions and niques such as ‘‘stress positions, isola- to investigate itself. The Army Inspec- Convention Against Torture define hu- tion for up to thirty days, removal of tor General’s report, released in July, mane treatment of prisoners, setting clothing and the use of detainees’ pho- stated that the investigation’s team standards that protect our own soldiers bias (such as the use of dogs).’’ Law- ‘‘that visited Iraq and Afghanistan dis- when they are captured. A number of yers in the military reacted negatively, covered no incidents of abuse that had State Department lawyers fought to strenuously arguing that the use of not been reported through command protect these standards in early 2002, such techniques was anathema to mili- channels; all incidents were already when the President broke with decades tary tradition and would ultimately under investigation.’’ We now know of policy and decided against providing come back to haunt the armed serv- this cannot be accurate. What we don’t the Geneva protections to terrorist ices. In January 2003, Secretary Rums- know is how many more deaths and suspects. Military lawyers fought the feld rescinded his approval of the ex- cases of torture have gone unreported. same battle after Secretary Rumsfeld treme interrogation techniques; new As I stated before, the Schlesinger re- approved techniques for use at Guanta- guidelines were issued in April 2003 port agreed with administration policy namo that are illegal under the Geneva from a Defense Department working that detainees did not merit Geneva Conventions. group. protections, a position with which I The recently released reports illus- The Fay report reveals, however, and many of those in uniform disagree. trate why an independent investigation that despite the Secretary’s shift in The panel acknowledged, however, that is still necessary. They brought us policy, the methods he had authorized the President’s policy of treating al- closer to the truth, but questions re- in December 2002 for use only at Guan- Qaida and Taliban detainees ‘‘con- main unanswered. Despite its failings, tanamo Bay quickly migrated to Af- sistent with the principles of Geneva,’’ the Schlesinger report refuted the ad- ghanistan and other locations where was ‘‘vague and lacking.’’ Even a gov- ministration’s efforts to avoid respon- our military is active. As early as De- ernment treating prisoners ‘‘con- sibility and to minimize this scandal as cember 2002, reports General Fay, ‘‘in- sistent’’ with the Conventions would the misdeeds of ‘a few bad apples.’ The terrogators in Afghanistan were re- not rely on interrogation practices like report documents a failure of leader- moving clothing, isolating people for the ones we have witnessed. The tech- ship by some at higher levels in the long periods of time, using stress posi- niques I just described, ones that were chain of command, as well as poor tions, exploiting fear of dogs and im- used in Guantanamo, Afghanistan, and planning from the top and a great deal plementing sleep and light depriva- Iraq are clearly illegal under the Gene- of confusion about which interrogation tion.’’ va Conventions. Secretary Rumsfeld and detention practices were accept- It was also in December 2002 that two and, later, Lt. Gen. Ricardo Sanchez, able. But the confusion was not caused prisoners in U.S. custody were killed. authorized the use of techniques that solely by a lack of leadership. In recent Both deaths were ruled homicides by were contrary to both U.S. military months we have learned that senior of- pathologists, but, at the time, the manuals and international law. Given ficials in the White House, the Justice Army publicly attributed them to nat- this incredible overstepping of bounds, Department and the Pentagon set in ural causes. It was not until journalists I find it incredible that the reports motion a systematic effort to mini- saw copies of the death certificates, generated thus far have not rec- mize, distort and even ignore our laws, which had been given to the non- ommended punishment of any kind for policies and agreements on torture and English speaking families of the de- high level officials. the treatment of prisoners. The Schles- ceased, that the truth about the fatali- inger panel failed to follow the inves- ties came out. In September, criminal Meanwhile, the CIA conducted its tigation to the highest levels of the ad- charges were finally filed, 20 months own set of interrogations. The Fay and ministration. after the deaths occurred. Schlesinger reports state that the CIA Ultimately, what emerges from these These deaths are deeply disturbing, operated under a different set of rules, reports is a striking contradiction. The but at least we know some of the de- sometimes including the military and reports state that there was no official tails of the cases and can seek justice sometimes not. The Fay report states policy of abuse and they do not rec- against the perpetrators. A recent re- that ‘‘the CIA’s detention and interro- ommend punishment for high-ranking port by the Crimes of War Project un- gation practices contributed to a loss officials. And yet, the reports show covered an Afghan detainee’s death of accountability and abuse at Abu that decisions that were made by top that was never reported up the mili- Ghraib.’’ The result: further confusion officials, including the President him- tary chain of command. The detainee, among soldiers in the field over appro- self, led to the abuses that occurred in Jamal Naseer, died in March 2003, al- priate standards of treatment and the the fields of battle. legedly after weeks of torture by Amer- application of the Geneva Conventions. Piecing together the facts and find- ican soldiers. Because the Special How did these techniques, which were ings of these reports with information Forces unit that reportedly controlled rescinded by Secretary Rumsfeld in contained in other official documents the detention facility failed to report January 2003 become so prevalent in and press accounts, a timeline emerges the death, it was never investigated. Iraq? The Fay report states it flatly: that shows how edicts from Wash- This incident is very troubling on its ‘‘Concepts for the non-doctrinal, in- ington trickled down, crossed oceans, own, but, like so many other incidents field manual approaches and practices S10258 CONGRESSIONAL RECORD — SENATE October 1, 2004 clearly came from documents and per- istan, these illegal techniques were put I am not alone in calling for an inde- sonnel in Afghanistan and Guanta- to use almost immediately. Interroga- pendent commission. Several organiza- namo.’’ Ultimately, the ‘‘non-doc- tors in Iraq relied upon the guidelines tions, including the American Bar As- trinal’’ approaches used at Abu Ghraib and may have done so believing that sociation, Human Rights First, Am- included nakedness and humiliation, they were appropriate. The Jones re- nesty International, and Human Rights the use of dogs to ‘‘fear up’’ detainees, port states that, ‘‘Some of these inci- Watch, have urged the creation of an and sexual and physical assaults. These dents involved conduct which, in retro- independent, bipartisan commission to approaches migrated to Iraq a number spect, violated international law. How- investigate the prisoner abuses. A re- of ways, any of which might have been ever, at the time some of the soldiers cent letter from eight retired generals prevented by clear statements of policy or contractors committed the acts, and admirals to President Bush asked from the top. Members of the 519th they may have honestly believed the him to appoint a prisoner abuse com- Military Intelligence Battalion served techniques were condoned.’’ mission modeled on the 9/11 Commis- at Bagram Air Force Base in Afghani- I find it deeply disturbing that Amer- sion. In that letter, the flag officers stan in 2002. Some of these soldiers ican soldiers would have acted on such stated, ‘‘internal investigations by have been implicated in the deaths of guidelines. I have stated many times their nature . . . suffer from a critical the two prisoners at Bagram. A number that those who violated the laws by as- lack of independence. Americans have of soldiers from the 519th were sent to saulting and humiliating prisoners never thought it wise or fair for one Iraq, and some of those have been im- should be prosecuted. The buck should branch of government to police itself.’’ plicated in the Abu Ghraib abuse scan- not stop there, however. The reports The 9/11 Commission provides more dal. As we all know, military intel- have shown that there was a serious than a structural model for a new com- ligence played a major role in directing breakdown in training and operations. mission; it also provides a lesson in and carrying out the abuses at Abu There was one MP for every 75 pris- how perseverance can overcome the ad- Ghraib. oners at Abu Ghraib when the abuses ministration’s refusal to seek the In addition, as the Fay report cites, occurred. And as the Army Inspector truth. The Bush administration ini- ‘‘Interrogators in Iraq, already familiar General found, interrogation facilities tially opposed the formation of the 9/11 with the practice of some of these new lacked oversight processes and control Commission, just as it now opposes a ideas, implemented them even prior to mechanisms. Even routine inspections prisoner abuse commission. The admin- any policy guidelines.’’ Before long, as were lacking. istration used the same argument What these reports show—and, unfor- the Schlesinger report states, policy against both commissions. It asserts tunately, it is an unstated revelation guidance backed up the interrogators’ that the numerous internal investiga- one discovers by reading between the actions. In August 2003, Maj. Gen. Mil- tions are sufficient to uncover the lines—is that once President Bush and ler ‘‘brought the Secretary of Defense’s truth. Dr. James Schlesinger, the head his top advisors let the genie out of the April 16, 2003, policy guidelines for of the panel established by Secretary bottle by denying the protections of Guantanamo with him,’’ and gave this Rumsfeld to investigate the prisoner the Geneva Conventions and rewriting policy to Lt. Gen. Sanchez, who was, at abuses, addressed this issue in his tes- the definition of torture, they set off a the time, the highest level commander chain reaction that spanned the globe. timony to the Senate Government Af- in Iraq. On September 14 of last year, By changing the rules of treatment and fairs Committee in February 2002, as it according to the Schlesinger report, interrogation for one group of detain- debated the need for the 9/11 Commis- Lt. Gen. Sanchez approved a policy on ees, by tossing away decades of mili- sion. He argued for the creation of the interrogation that included techniques tary protocol, by writing and rescind- Commission because, ‘‘to this point that, up to that point, had only been ing and rewriting guidelines so often many questions have been addressed officially applied to so-called enemy that soldiers had no clear under- piecemeal—or not at all. The purpose combatants—those who, in the minds standing of policy or practice, and by of the National Commission would be of President Bush and Secretary Rums- allowing the CIA to operate in the systematically and comprehensively to feld, were not protected by the Geneva shadows, the leaders of the Bush ad- address such questions—and to give a Conventions. The Bush administration ministration lost control. What was complete accounting of the events has steadfastly claimed that the Gene- initiated for one group of detainees in leading up to 9/11. In my judgment, va Conventions apply to the war in one location spilled over into other such a Commission would serve a high, Iraq. And yet, Lt. Gen. Sanchez deter- countries and to very different types of indeed indispensable, national pur- mined, with no authorization to do so, prisoners. pose.’’ This is exactly the same reason that some of the detainees held in Iraq A day or two after the release of the we need an independent commission to were to be categorized as unlawful Schlesinger and Fay-Jones reports, investigate the prisoner abuse scandal. combatants. Secretary Rumsfeld still claimed that The Governmental Affairs Com- How did Lt. Gen. Sanchez justify his there was no evidence that prisoners mittee report on the bill to establish authority to approve such techniques? had been abused during interrogations. the 9/11 Commission stated that it ‘‘is a The Schlesinger report found that Lt. I wonder if he took the time to read or bipartisan initiative to help answer the Gen. Sanchez relied on the President’s to request a briefing on these inves- many remaining questions in a con- February 2002 memorandum and the tigations. He made the same statement structive, methodical, and non-par- Department of Justice’s notorious Au- twice before his handlers corrected tisan way. The commission would com- gust 1, 2002 memo twisting the defini- him, in the middle of a press con- plement investigations being under- tion of torture. It is deeply troubling, ference. Incredibly, he again misstated taken by Congress and the Executive given this evidence, that the Bush ad- the facts, ‘‘correcting’’ himself to say Branch.’’ A prisoner abuse commission ministration has held fast to the con- that only two or three cases of abuse would fulfill a similar need—to fill the tention that the abuses at Abu Ghraib took place during interrogation. In gaps that inevitably occur when an in- were committed by ‘‘a few bad apples.’’ fact, 13 of 44 instances of abuse in- vestigation is addressed in a piecemeal And it is extremely disconcerting that volved interrogation. It leaves me to fashion. We already know some gaps the very outcome that military law- wonder. Meanwhile, President Bush has exist—such as the ghost detainee prob- yers warned of when they fought kept quiet about the findings of the re- lem and the role of contractors—others against the administration’s desire to ports. His silence is deafening. are sure to arise in the course of an suspend the Geneva Conventions—the As I have said before, there needs to independent investigation. undermining of the military’s tradition be a thorough, independent investiga- International law, as well as the De- of upholding the rule of law—came to tion of the actions of those involved, fense Department’s own policies, re- fruition. Our armed forces have been from the people who committed abuses, quires the registration and accounting tainted by this scandal and our soldiers to the officials who set these policies of all detainees. Detainees kept off of in the field placed at greater risk. in motion. An independent commis- the official rolls—so called ’ghost de- The Sanchez policy guidelines were sion, structured on the model of the 9/ tainees’—are held in violation of the technically in effect for only a month 11 Commission, will allow us begin to law. The Fay-Jones report revealed before being revised. But, as in Afghan- heal the damage that has been done. that the ghost detainee problem was October 1, 2004 CONGRESSIONAL RECORD — SENATE S10259 far more pervasive than the Defense referred individual employees’ names gone down in history as the day Con- Department had previously acknowl- to the Justice Department more than gress set aside partisan politics and edged. General Kern, the investiga- three months ago, but Attorney Gen- took a stand for children. Unfortu- tion’s appointing officer, testified be- eral Ashcroft has yet to take action.’’ nately, yesterday will be remembered fore the Senate Armed Services Com- As these cases are referred to the Jus- as the day Congress chose political mittee that there could be as many as tice Department, the Judiciary Com- rhetoric over action and failed to pro- 100 ghost detainees, but his panel could mittee must fulfill its oversight re- tect health care coverage for children not thoroughly investigate the matter sponsibility to ensure these crimes do in working families. because the CIA refused to cooperate in not go unpunished. Given the reports Some of my colleagues will argue the inquiry. and allegations of abuses of Iraqi pris- that September 30 only marked a stat- These revelations should not come as oners that involved civilian contrac- utory deadline and didn’t really matter a surprise—human rights groups have tors, I am deeply troubled at the pas- in terms of coverage for kids. I strong- been calling for an investigation into sivity being displayed by the Depart- ly disagree. Yesterday’s deadline was the ghost detainee issue for months. I ment of Justice. If loopholes exist in about keeping our promise to Amer- first wrote to the National Security the law, the Department should be ica’s working families that their chil- Advisor about mistreatment of detain- working with Congress to fill them. dren will have access to comprehen- ees in June 2003, including a request for Some argue that another investiga- sive, affordable, and reliable health information on prisoners transferred in tion will prevent us from putting the care coverage. We in Congress have secret by the United States to other scandal behind us, but ignoring the broken that promise, and it is uncon- nations for interrogation. A report on problem will not make it go away. scionable to think that Members would secret detentions was released on June Each week brings new allegations that go home to campaign while the health 17, 2004, by Human Rights First. The reveal how much we still don’t know. care of some of most vulnerable chil- report, titled, Ending Secret Deten- Human rights groups and journalists dren hangs in the balance. tions, describes a number of officially have been unrelenting in their efforts We must act now to preserve health undisclosed locations that sources— to uncover this scandal, and I applaud care coverage for children enrolled in typically unnamed government sources their contributions. The report re- the Children’s Health Insurance Pro- quoted in the press—have described as leased recently by the War Crimes gram, CHIP. This is too important an detention centers for terrorism sus- Project revealed unreported deaths in issue to delay even a day. Senators pects. These sources have discussed fa- Afghanistan. Veteran journalist Sey- CHAFEE, KENNEDY, SNOWE, and I, along cilities in Iraq, Afghanistan, Pakistan, mour Hersh claims in his new book with Congressmen BARTON and DIN- Jordan, Diego Garcia, and on U.S. war that senior military and national secu- GELL, have a bipartisan, bicameral bill ships. The ICRC has not been allowed rity officials were repeatedly warned in on the table right now that will protect access to these facilities. It issued a 2002 and 2003 that prisoners were being coverage for America’s children. The public statement in March expressing abused. Mr. Hersh writes that FBI Children’s Health Protection and Im- its growing concern over ‘‘the fate of agents notified their superiors about provement Act has the support of 48 bi- an unknown number of people captured abuses at Guantanamo and that these partisan cosponsors in the House of . . . and held in undisclosed locations.’’ reports were passed along to officials Representatives and 33 bipartisan co- To date, its requests have been denied. at the Pentagon. The ACLU continues sponsors in the Senate. Our legislation After being rebuffed by the CIA, the to fight in Federal courts to compel has been endorsed by over 100 local, Fay-Jones panel asked two offices to the administration to release docu- state, and national organizations in- conduct further investigations into the ments related to torture. Even without cluding the National Governors Asso- ghost detainee issue: the Department further Government action, this scan- ciation, the American Academy of Pe- of Defense Inspector General and the dal is not going to go away. It is time diatrics, the American Hospital Asso- CIA Inspector General. Once again, this for us to lead the investigation, rather ciation, the National Association of would result in one branch of govern- than wait to read about the latest dis- Children’s Hospitals, the Catholic ment to policing itself. Like the Fay- covery of abuse in tomorrow’s paper. Health Association, Families USA, the Jones panel, the Inspectors General We must establish an independent com- Children’s Defense Fund, and the lack the authority to follow such in- mission. March of Dimes. There is no reason vestigations beyond their own depart- In the coming months, the remaining why we cannot pass this legislation ments—again allowing many questions Pentagon investigations will come to today. to remain unanswered. We need to an end. It will be like finding an old If my colleagues were to talk to their know what role senior administration jigsaw puzzle in the back of the clos- Governors about the merits of the Chil- officials in the White House, Justice et—it looks complete, but you can dren Health Protection and Improve- Department, Defense Department, and never tell if there are pieces missing ment Act, all 50 Governors would say CIA played in formulating the policies until you try to put it together. An that our legislation addresses the long- that allowed the illegal detention of independent commission can take on term Federal funding shortfalls that ghost detainees. We know this problem this important task; it will ensure that will occur in SCHIP over the next 3 emanated from senior officials—Sec- no pieces are missing and that we have years. retary Rumsfeld admitted in June that a complete, unbiased assessment of a If my colleagues were to visit doc- he approved the secret detention of one sad chapter in our Nation’s history. tors’ offices and hospital emergency detainee at the request of CIA Director The 9/11 Commission showed us that it rooms and talk to general practi- Tenet. Only an independent commis- can be painful to dredge up the past, tioners, pediatricians, and surgeons, sion with significant authority will be but it is also a necessary step to mov- these providers would confirm that our able to fully investigate this matter. ing forward. legislation makes it easier for children The Fay-Jones report also found that f to access health services and reduces civilian contractors were complicit in our Nation’s growing uncompensated the abuse of detainees. We already CHILDREN’S HEALTH PROTECTION health care burden. knew this, but the panel’s findings AND IMPROVEMENT ACT OF 2004 Most importantly, if my colleagues raise new questions about whether the Mr. ROCKEFELLER. Mr. President, were to talk to working families in contractors will be held accountable yesterday marked a critical juncture in their home states who rely on CHIP, for their actions. Thus far, one con- the fight to provide comprehensive and working families would say that our tractor has been charged for abuse in affordable health care coverage for our legislation guarantees real coverage Afghanistan, but no charges have been Nation’s children. Congress had a tre- for their children. Our legislation gives filed against contractors in Iraq. As mendous opportunity to improve the working families the peace of mind P.W. Singer points out in his recent quality of life for hundreds of thou- that comes from knowing their chil- Washington Post op-ed, ‘‘Army inves- sands of children, not just for the fore- dren would not just receive health care tigators are at a loss over how to hold seeable future, but also over the long coverage tomorrow, next month, or the contractors accountable. The Army term. September 30, 2004, should have next year, but for the next several S10260 CONGRESSIONAL RECORD — SENATE October 1, 2004 years until the CHIP program is reau- dren currently enrolled and higher- with expiring CHIP funds. Perhaps if it thorized in fiscal year 2007. spending states can cover additional were March or April, and we had ample It seems that some in this body are children. Our legislation would also es- time to analyze these far-reaching pro- more concerned with sound bites than tablish redistribution rules that will posals, then we could adequately con- with actually providing health cov- keep CHIP money in the CHIP program sider each one. But, the fact of the erage for children. Of course, we can all through fiscal year 2007. matter is that we have a strongly bi- attest to the success of the Children’s Some of my colleagues have ex- partisan bill, supported by the Gov- Health Insurance Program over the pressed concerns that our bill would ernors of all 50 States, that is ready to years. We can all cite the 5.8 million not lead to new children being enrolled go right now. Our legislation has been children who were covered last year. in CHIP. These concerns are simply un- properly vetted and appropriately scru- But, I ask my colleagues, how are we founded. My home State of West Vir- tinized. The score of our bill is rel- going to do to protect the coverage of ginia, for example, is looking at the atively small in relation to the number those 5.8 million children and ensure feasibility of a CHIP expansion that of children who would be covered. And, that even more children are covered? would cover an additional 4400 children our legislation is the product of a long While I strongly support greater out- under 300 percent of poverty. The big- collaborative effort between states, ad- reach and enrollment in the CHIP pro- gest barrier to West Virginia going for- vocacy groups, and Members of Con- gram, the bottom line is that outreach ward with this expansion is the lack of gress instrumental in the creation of is not a solution to States’ coverage Federal funds. My state and many oth- the CHIP program. I see no reason why problems. States aren’t covering addi- ers are still recovering from the so- we cannot pass this legislation now. tional children under CHIP because called ‘‘CHIP dip,’’ when Federal CHIP I am encouraged by Chairman GRASS- they cannot afford to cover the chil- funding was $1 billion lower in fiscal LEY’s statement that he wants to ad- dren already enrolled in their pro- years 2002–2004 than it was in fiscal dress the long-term Federal CHIP fund- grams. In fact, according to the Kaiser year 2001. However, under the Chil- ing shortfalls. After all, the Finance Commission on Medicaid and the Unin- dren’s Health Protection and Improve- Committee has a history of protecting sured, states are implementing meas- ment Act, WV would qualify for redis- health care coverage for children. It is ures—such as enrollment caps, pre- tributed funds which would give the where the CHIP program was created miums and enrollment fees, eligibility state the ability to proceed with the and where previous redistributions cuts, restricted benefits, and increased expansion. were conceived. I cannot imagine that co-payments to scale back outreach Finally, I respond to the claims made members of the Finance Committee and enrollment instead of increase by some that the Secretary of Health would want to jeopardize such a re- them. The State of Florida is a prime and Human Services should be allowed markable history by failing to protect example of this. Enrollment in Flor- to redistribute approximately $660 mil- CHIP coverage for hundreds of thou- ida’s CHIP program is closed for some lion in unspent fiscal year 2002 funds to sands of children over the next three children who are undeniably eligible. the six states projected to have short- years. I look forward to working with Outreach to more children who meet falls next year. There are several prob- Chairman GRASSLEY and other mem- the eligibility requirements for Florida lems with this approach. First, such an bers of the Finance Committee to pass KidCare is futile if those kids cannot approach would concentrate the vast a unanimous consent agreement on access actual coverage. majority of the expiring fiscal year 2002 CHIP before we go home next week. States are experiencing both State funds in just six states, when a total of I also call on the President to take a and Federal funding shortfalls that 30 states would qualify for redistrib- similar stand for children. For reasons prevent them from covering kids. Sen- uted funds. that are inconceivable to me, some of ator GORDON SMITH and I offered legis- Second, unlike the Rockefeller- my colleagues on the other side of the lation earlier this year to address Chafee-Kennedy-Snowe bill, this ap- isle have indicated that our legislation State budget shortfalls. The State Fis- proach would not address Federal fund- is partisan or politically motivated. cal Relief Act would extend the federal ing shortfalls in these states in fiscal That could not be further from the fiscal relief enacted last year to help years 2006 and 2007. Moreover, such a truth. Our legislation has strong bipar- resolve state budget deficits and pre- proposal is likely to open up a larger tisan support in the House and the Sen- vent cuts in critical programs and serv- Federal shortfall in fiscal years 2006 ate, and all of the cosponsors have ices, including health care. Yet, Con- and 2007 for the other 12 states pro- worked hard to keep this bill from be- gress has yet to consider this impor- jected to have insufficient Federal coming part of election-year politics. tant legislation. And now, Congress has funding before SCHIP is reauthorized There is no reason for Congress not to failed to preserve approximately $1.1 in fiscal year 2007. This is because pass our legislation next week and for billion in expiring CHIP funds for cov- these 12 states would receive less in re- the President not to sign it into law. erage. Our failure to act is sending a distributed fiscal year 2002 funds under Our children cannot afford to wait. very strong message to the states that such a proposal than they would other- f not only is Congress not willing to as- wise receive under our legislation. sist with budget shortfalls during an Third, and most importantly, the NATIONAL MUSEUM OF THE economic downturn, Congress is also Centers for Medicare and Medicaid AMERICAN INDIAN not willing to uphold the federal guar- Services, CMS, has not offered a spe- Mr. JOHNSON. Mr. President, I antee of CHIP coverage. cific formula for allocating funds to speak about the Smithsonian’s new CHIP is a Federal entitlement, and states that need them the most in fis- Museum of the American Indian. In the Federal Government has a respon- cal year 2005, so there is no guarantee June 1989, when I was still a Member of sibility to make certain the program that CMS would actually do so. Fur- the House of Representatives, I cospon- has the requisite funding to insure eli- thermore, it is critical to note that sored legislation to establish the Na- gible children. Additional Federal Congress acted in both 2000 and 2003 to tional Museum of the American Indian funding for CHIP outreach should only set a specific statutory formula for re- within the Smithsonian Institution. be pursued after we have made sure distribution and has never allowed the The 15-year odyssey for this museum states have the federal funding needed administration, neither the previous has presented us with more than just to cover the children currently on their one nor the current one, decide how to items behind glass. This museum tells rolls. Otherwise, outreach efforts will reallocate unspent funds. Leadership in the story of North and South Americas’ be ineffective because children will not both the House and the Senate sup- native peoples. It shows their journey have access to actual coverage. ported these previous redistributions, through time and gives optimism for The Children’s Health Protection and which have directly contributed to the the future. Improvement Act would prevent nearly success of the CHIP program in recent First, I thank all those who have $1.1 billion in expiring CHIP funds from years, so it is unclear why there seems been involved since this process began reverting to the Treasury so that to be a change in position now. so many years ago, in particular, Sen- states with unmet needs can use the In recent days, several new ideas ators INOUYE and CAMPBELL, the origi- money to preserve coverage for chil- have been proposed for how to deal nal sponsors of this bill. The efforts of October 1, 2004 CONGRESSIONAL RECORD — SENATE S10261 thousands of people, both Native and 5,000 disabled Coloradans have bene- to be United States Alternate Governor non-native, are reflected in the mag- fitted from the services provided by of the International Monetary Fund for nificent structure commemorating the Bayaud Industries. Bayaud Industries a term of five years. lives of the first Americans. I also is comprised of 48 staff members who f thank the thousands of participants are dedicated to helping the disabled who have come from all over the West- community. Its efforts have resulted in MEASURES PLACED ON THE ern Hemisphere to be a part of this his- a listing by the Denver Business Jour- CALENDAR toric museum opening, especially those nal as one of the top 25 Colorado The following bills were read the sec- Lakota, Dakota, and Nakota peoples human service agencies. Additionally, ond time, and placed on the calendar: who have made the journey from the Bayaud Industries has been awarded H.R. 4596. An act to amend Public Law 97– Great Plains and particularly South numerous grants from leading Colorado 435 to extend the authorization for the Sec- Dakota. Those that have made the trip foundations and corporations. retary of the Interior to release certain con- have shared with us the richness and Bayaud’s services include vocational ditions contained in a patent concerning cer- beauty of their cultures. evaluation, work adjustment training, tain land conveyed by the United States to I recently had the opportunity to a General Office Skills Training pro- Eastern Washington University until Decem- tour the museum, and I am so proud to gram, job placement, and job coaching. ber 31, 2009. see the Native people of South Dakota The first step in training is in the Vo- H.R. 4606. An act to authorize the Sec- retary of the Interior, acting through the represented in the museum. I am par- cational Evaluation Program, a 4-week Bureau of Reclamation and in coordination ticularly contented to see that the ex- process that assesses an individual’s with other Federal, State, and local govern- hibits are displayed in a manner where skill needs to succeed in the work- ment agencies, to participate in the funding the tribes are able to see their story place. and implementation of a balanced, long-term from their own point of view. This mu- After an individual goes through groundwater remediation program in Cali- seum will forever grace the national Bayaud’s Vocational Evaluation, the fornia, and for other purposes. mall in our Nation’s Capitol from the Work Adjustment Training helps indi- f serenity gardens created to surround viduals increase their self-confidence the museum to the heart of the build- to help them acclimate appropriately REPORTS OF COMMITTEES ing’s Potomac gathering place. It will to the workplace environment. The following reports of committees take its visitors through time by al- Throughout this particular training, were submitted: lowing native people to tell their own individuals are taught how to manage By Mr. INHOFE, from the Committee on story. the daily stresses of any work environ- Environment and Public Works, with an I also take this opportunity to speak ment, which helps create successful amendment in the nature of a substitute: of the future. With the ever changing and stable employment. S. 1134. A bill to reauthorize and improve roles of the United States government Bayaud’s General Office Skills Train- the programs authorized by the Public and Indian Tribes, it is imperative we ing program works to familiarize peo- Works and Economic Development Act of 1965 (Rept. No. 108-382). constantly examine paths that ple with the technological aspects of strengthen that relationship. In re- the workplace. Computers are essential f in many jobs, and these individuals are gards to this relationship, I often hear INTRODUCTION OF BILLS AND given the training necessary to make of the tribal sovereignty and the obli- JOINT RESOLUTIONS gations of the United States Govern- their employment a success. ment and its treaty and trust respon- Bayaud Industries uses these pro- The following bills and joint resolu- sibilities. With health care in Indian grams to provide help with one of the tions were introduced, read the first Country funded at 50 percent its nec- most important aspects of employment and second times by unanimous con- essary levels and schools that are dec- assistance: Job placement. From re- sent, and referred as indicated: ades past their usefulness, I think that sume writing to interview skills, By Mr. KOHL (for himself and Mr. we need to take a serious look at these Bayaud Industries strives to ensure DEWINE): responsibilities. We need to do more to that all individuals are properly S. 2880. A bill to amend title XI of the So- trained to search for a job that fits cial Security Act to ensure full and free com- combat the deplorable conditions that petition in the medical device and hospital many of our native peoples are sub- their needs and guarantees their supply industries; to the Committee on Fi- jected, and to develop a plan to allevi- achievement. This aspect of Bayaud is nance. ate these hardships. crucial to better understand the indi- By Mr. VOINOVICH (for himself and Forever, this museum will grace our vidual and to find the perfect job fit for Mr. DEWINE): national mall. With this new beginning both the business and the employee. S. 2881. A bill to clarify that State tax in- and its reflections of the past, we must After job training and placement, centives for investment in new machinery now look to the future, the future of Bayaud continues its relationship with and equipment are a reasonable regulation of commerce and not an undue burden on inter- Indian country. their employees by offering job coun- seling. Through its quality assistance state commerce, and for other purposes; to f the Committee on Finance. and care, Bayaud Industries fosters a ADDITIONAL STATEMENTS By Mr. HATCH (for himself and Mr. relationship between these individuals BIDEN): and the 200 businesses across Colorado S. 2882. A bill to make the program for na- that employ them. Bayaud works to tional criminal history background checks BAYAUD INDUSTRIES provide personalized assistance to all for volunteer groups permanent; considered ∑ Mr. ALLARD. Mr. President, I would individuals with disabilities, address- and passed. like to honor the fine work and dedica- ing each client’s specific needs and By Mr. HATCH (for himself and Mr. tion of Bayaud Industries of Denver, goals. LEAHY): S. 2883. A bill to amend the International CO. This non-profit organization offers I thank Bayaud Industries for their disabled Coloradans vocational reha- Child Abduction Remedies Act to limit the continued efforts for the disabled com- tort liability of private entities or organiza- bilitation and employment services. I munity and to businesses across Colo- tions that carry out responsibilities of am pleased to acknowledge their ef- rado. United States Central Authority under that forts and successes. Bayaud’s exemplary services are Act; considered and passed. Founded in 1969, Bayaud Industries is needed and greatly appreciated.∑ By Mr. SHELBY (for himself, Mr. SAR- BANES, Mr. REED, Mr. BENNETT, Mr. celebrating this year its 35th anniver- f sary of service to the disabled commu- BUNNING, Mrs. DOLE, Mr. CHAFEE, Mr. nity. Bayaud currently employs and DISCHARGED NOMINATION DODD, Mr. SCHUMER, Mr. BAYH, Mr. trains more than 300 disabled individ- The Senate Committee on Foreign MILLER, Mr. ALLARD, Mr. ENZI, Mr. LAUTENBERG, Mrs. BOXER, Mr. CAR- uals so that they can succeed in the Relations was discharged from further PER, Ms. STABENOW, and Mr. workplace with the goal to provide consideration of the following nomina- CORZINE): paid, steady work for every person en- tion and the nomination was con- S. 2884. A bill to authorize the Secretary of rolled in these programs. More than firmed: Alan Greenspan, of New York, Homeland Security to award grants to public S10262 CONGRESSIONAL RECORD — SENATE October 1, 2004 transportation agencies to improve security, retary of the Treasury to mint coins in related activities of the United States and for other purposes; considered and commemoration of the tercentenary of Government, and for other purposes. passed. the birth of Benjamin Franklin, and for AMENDMENT NO. 3801 f other purposes. At the request of Mr. KYL, the names SUBMISSION OF CONCURRENT AND S. 2602 of the Senator from Montana (Mr. SENATE RESOLUTIONS At the request of Mr. DODD, the BURNS) and the Senator from Alabama names of the Senator from Massachu- The following concurrent resolutions (Mr. SESSIONS) were added as cospon- setts (Mr. KENNEDY), the Senator from and Senate resolutions were read, and sors of amendment No. 3801 proposed to Michigan (Mr. LEVIN), the Senator referred (or acted upon), as indicated: S. 2845, a bill to reform the intelligence from Montana (Mr. BAUCUS), the Sen- community and the intelligence and By Mr. LOTT: ator from Hawaii (Mr. AKAKA), the Sen- S. Res. 445. A resolution to eliminate cer- intelligence-related activities of the tain restrictions on service of a Senator on ator from Arkansas (Mr. PRYOR), the United States Government, and for the Senate Select Committee on Intel- Senator from Iowa (Mr. HARKIN), the other purposes. ligence; to the Committee on Rules and Ad- Senator from Louisiana (Ms. AMENDMENT NO. 3803 ministration. LANDRIEU) and the Senator from Flor- At the request of Mr. CORNYN, the f ida (Mr. NELSON) were added as cospon- names of the Senator from South Caro- sors of S. 2602, a bill to provide for a ADDITIONAL COSPONSORS lina (Mr. GRAHAM) and the Senator circulating quarter dollar coin pro- from Nevada (Mr. ENSIGN) were added S. 1379 gram to honor the District of Colum- as cosponsors of amendment No. 3803 At the request of Mr. JOHNSON, the bia, the Commonwealth of Puerto Rico, proposed to S. 2845, a bill to reform the name of the Senator from Montana Guam, American Samoa, the United intelligence community and the intel- (Mr. BAUCUS) was added as a cosponsor States Virgin Islands, and the Com- ligence and intelligence-related activi- of S. 1379, a bill to require the Sec- monwealth of the Northern Mariana Is- ties of the United States Government, retary of the Treasury to mint coins in lands, and for other purposes. and for other purposes. S. 2759 commemoration of veterans who be- AMENDMENT NO. 3808 came disabled for life while serving in At the request of Mr. ROCKEFELLER, At the request of Mr. LEVIN, the the Armed Forces of the United States. the name of the Senator from Cali- name of the Senator from Hawaii (Mr. fornia (Mrs. BOXER) was added as a co- S. 1630 INOUYE) was added as a cosponsor of sponsor of S. 2759, a bill to amend title At the request of Mrs. DOLE, the amendment No. 3808 proposed to S. XXI of the Social Security Act to mod- name of the Senator from Indiana (Mr. 2845, a bill to reform the intelligence ify the rules relating to the avail- LUGAR) was added as a cosponsor of S. community and the intelligence and ability and method of redistribution of 1630, a bill to facilitate nationwide intelligence-related activities of the unexpended SCHIP allotments, and for availability of 2–1–1 telephone service United States Government, and for other purposes. for information and referral services, other purposes. S. 2864 and for other purposes. AMENDMENT NO. 3839 S. 2338 At the request of Mr. GRASSLEY, the name of the Senator from Nebraska At the request of Mr. STEVENS, the At the request of Mr. BOND, the name name of the Senator from Montana of the Senator from Washington (Ms. (Mr. HAGEL) was added as a cosponsor of S. 2864, a bill to extend for eighteen (Mr. BURNS) was added as a cosponsor CANTWELL) was added as a cosponsor of months the period for which chapter 12 of amendment No. 3839 proposed to S. S. 2338, a bill to amend the Public 2845, a bill to reform the intelligence Health Service Act to provide for ar- of title 11, United States Code, is reen- acted. community and the intelligence and thritis research and public health, and intelligence-related activities of the S. 2866 for other purposes. United States Government, and for At the request of Mrs. MURRAY, her S. 2395 other purposes. name was added as a cosponsor of S. At the request of Mr. CONRAD, the 2866, a bill to amend the Farm Security AMENDMENT NO. 3840 name of the Senator from Idaho (Mr. and Rural Investment Act of 2002 to At the request of Mr. STEVENS, the CRAIG) was added as a cosponsor of S. clarify the authority of the Secretary name of the Senator from Montana 2395, a bill to require the Secretary of of Agriculture and the Commodity (Mr. BURNS) was added as a cosponsor the Treasury to mint coins in com- Credit Corporation to enter into memo- of amendment No. 3840 proposed to S. memoration of the centenary of the be- randums of understanding with a State 2845, a bill to reform the intelligence stowal of the Nobel Peace Prize on regarding the collection of approved community and the intelligence and President Theodore Roosevelt, and for State commodity assessments on be- intelligence-related activities of the other purposes. half of the State from the proceeds of United States Government, and for S. 2426 marketing assistance loans. other purposes. At the request of Ms. CANTWELL, her S. RES. 408 AMENDMENT NO. 3845 name was added as a cosponsor of S. At the request of Mr. SCHUMER, the At the request of Mr. BYRD, the 2426, a bill to amend title XVIII of the name of the Senator from California names of the Senator from Alaska (Mr. Social Security Act to clarify the (Mrs. FEINSTEIN) was added as a co- STEVENS), the Senator from Hawaii treatment of payment under the medi- sponsor of S. Res. 408, a resolution sup- (Mr. INOUYE), the Senator from Vir- care program for clinical laboratory porting the construction by Israel of a ginia (Mr. WARNER), the Senator from tests furnished by critical access hos- security fence to prevent Palestinian Iowa (Mr. HARKIN) and the Senator pitals. terrorist attacks, condemning the deci- from South Dakota (Mr. JOHNSON) were S. 2553 sion of the International Court of Jus- added as cosponsors of amendment No. At the request of Mr. DODD, the name tice on the legality of the security 3845 proposed to S. 2845, a bill to reform of the Senator from Indiana (Mr. fence, and urging no further action by the intelligence community and the in- LUGAR) was added as a cosponsor of S. the United Nations to delay or prevent telligence and intelligence-related ac- 2553, a bill to amend title XVIII of the the construction of the security fence. tivities of the United States Govern- Social Security Act to provide for cov- AMENDMENT NO. 3734 ment, and for other purposes. erage of screening ultrasound for ab- At the request of Mr. SPECTER, the At the request of Mr. STEVENS, the dominal aortic aneurysms under part B names of the Senator from Maine (Ms. name of the Senator from Montana of the medicare program. SNOWE) and the Senator from New Mex- (Mr. BURNS) was added as a cosponsor S. 2568 ico (Mr. BINGAMAN) were added as co- of amendment No. 3845 proposed to S. At the request of Mr. BIDEN, the sponsors of amendment No. 3734 in- 2845, supra. name of the Senator from New York tended to be proposed to S. 2845, a bill AMENDMENT NO. 3875 (Mr. SCHUMER) was added as a cospon- to reform the intelligence community At the request of Mr. STEVENS, his sor of S. 2568, a bill to require the Sec- and the intelligence and intelligence- name and the name of the Senator October 1, 2004 CONGRESSIONAL RECORD — SENATE S10263 from Montana (Mr. BURNS) were added for purchasing nearly everything that largest hospital buying groups agreed as cosponsors of amendment No. 3875 a hospital buys to treat sick or injured to fundamental reform by adopting intended to be proposed to S. 2845, a patients, everything from simple band- codes of conduct governing their busi- bill to reform the intelligence commu- aids to high tech x-ray machines, from ness activities and ethical responsibil- nity and the intelligence and intel- pacemakers to surgical devices. Much ities. These codes forbid anti-competi- ligence-related activities of the United of this purchasing is done under con- tive business practices, and ban con- States Government, and for other pur- tracts negotiated by what are known flicts of interest that interfere with the poses. as ‘‘group purchasing organizations’’, GPOs’ mission of buying the best prod- AMENDMENT NO. 3877 ‘‘GPOs’’, large organizations that ag- ucts at the lowest prices. The GPOs At the request of Mr. STEVENS, the gregate the buying power of hundreds, that agreed to these new codes should name of the Senator from Montana and sometimes thousands, of hospitals be commended for their willingness to (Mr. BURNS) was added as a cosponsor in order to gain bargaining power and engage in real reform. Thanks to these of amendment No. 3877 proposed to S. volume discounts from hospital sup- GPOs’ good work and willingness to en- 2845, a bill to reform the intelligence pliers. gage in reform, many of the most egre- community and the intelligence and Without question, the goal of gaining gious practices began to disappear from intelligence-related activities of the volume discounts through aggregating the marketplace and barriers to pa- United States Government, and for buying power that led to the creation tients getting access to the best med- other purposes. of GPOs is laudable. Unfortunately, our ical devices more have begun to come inquiry revealed that a system created down. AMENDMENT NO. 3879 to aggregate demand and hold down Yet these reforms—as real and im- At the request of Mr. STEVENS, the cost had sometimes mutated into a portant as they are—have inherent name of the Senator from Montana tool for entrenching market power of limitations. They are completely vol- (Mr. BURNS) was added as a cosponsor dominant suppliers, locking out com- untary and can be modified or even of amendment No. 3879 intended to be petitors, and suppressing innovation. withdrawn by the GPOs at will. They proposed to S. 2845, a bill to reform the All too often conflicts of interest and have no enforcement mechanism nor intelligence community and the intel- questionable GPO business practices any manner to objectively verify that ligence and intelligence-related activi- denied physicians and their patients they are being adhered to. We have no ties of the United States Government, choice of needed medical devices and assurance that the reforms will not be and for other purposes. robbed hospitals of the benefit of com- abridged or abrogated should our sub- AMENDMENT NO. 3880 petition. committee’s oversight come to an end. At the request of Mr. STEVENS, the Moreover, the power and importance We must now, therefore, find a way to name of the Senator from Montana of GPOs to our health care system in- ensure that these gains cannot be re- (Mr. BURNS) was added as a cosponsor creased as the GPO industry has under- versed. of amendment No. 3880 intended to be gone enormous consolidation in the Despite their enormous influence, proposed to S. 2845, a bill to reform the last decade. As originally envisioned, GPOs have until now operated with lit- intelligence community and the intel- GPOs were generally local or regional tle, if any, governmental oversight. ligence and intelligence-related activi- buying cooperatives each of whom ac- Quite the contrary, these GPOs have ties of the United States Government, counting for a very small proportion of operated under special government and for other purposes. the market. Today, this situation is protection—a Congressionally granted AMENDMENT NO. 3903 transformed. The two largest GPOs ne- exemption from anti-kickback law. At the request of Mr. STEVENS, the gotiate purchasing contracts for more This exemption—commonly known as name of the Senator from Arizona (Mr. than an estimated 60 percent of the Na- the ‘‘safe harbor’’ for GPOs—allows KYL) was added as a cosponsor of tion’s not for profit hospital beds. The GPOs to accept payments from hos- amendment No. 3903 proposed to S. size and national scope of these large pital suppliers even though these pur- 2845, a bill to reform the intelligence GPOs have turned them into the gate- chases are reimbursed by the Medicare community and the intelligence and keepers who can decide which medical program. Acceptance of these pay- intelligence-related activities of the devices doctors will use and which ments from suppliers would be illegal United States Government, and for medical device companies will be able absent this special exemption. The fact other purposes. to sell their lifesaving goods.. the hospital purchasing has this spe- f Our investigation uncovered abuses cially, Congressionally granted immu- and questionable practices that inter- nity from kickback mandates that gov- STATEMENTS ON INTRODUCED fered with the GPOs’ mission of buying ernment have the ability to oversee the BILLS AND JOINT RESOLUTIONS the best products at the best prices. At manner GPOs are behaving under the By Mr. KOHL (for himself and the time our investigation began in protection of this exemption—over- Mr. DEWINE): 2001, it was all too common a practice sight currently not required by law. S. 2880. A bill to amend title XI of the for GPOs to contract with only one We are therefore today introducing Social Security Act to ensure full and supplier of a medical device for lengthy legislation which will ensure that the free competition in the medical device terms. Industry observers also raised Department of Health and Human and hospital supply industries; to the concerns over contracts which bundled Services will have the authority to Committee on Finance. commodities like hospital gowns with oversee the functioning of the safe har- Mr. KOHL. Mr. President, I rise medical devices like pacemakers and bor and prevent anti-competitive or today with Senator DEWINE to intro- surgical equipment, creating nearly in- unethical GPO business practices. This duce the Medical Device Competition surmountable barriers for smaller man- is moderate and measured legislation Act of 2004. The legislation that we are ufacturers with specialized product which is not prescriptive in almost all introducing today is the product of per- lines to compete, regardless of the respects. With only one exception, it haps the most important work of our quality or effectiveness of their prod- does not outlaw any GPO practices or Subcommittee in the last few years— uct. Some GPOs accepted high pay- business arrangements. Instead, the ensuring that physicians, patients, and ments—so-called ‘‘administrative bill grants oversight authority over health care workers have access to the fees’’—well in excess of 3 percent from hospital purchasing to HHS, and di- best and safest medical devices, devices manufacturers. Worst of all, sup- rects the HHS to draft regulations to that can literally make the difference posedly neutral contracting decisions prevent improper GPO conduct—that between life and death. were at times infected by equity inter- is, unethical conduct, anti-competitive For nearly three years, the Antitrust ests held by GPOs or their executives practices, or practices which preclude Subcommittee has undertaken a thor- in medical device companies. products necessary for patient care or ough investigation of the hospital pur- We can be proud of the work of our worker safety from reaching physicians chasing industry. This industry ac- subcommittee—and, indeed, many in and patients. HHS is further directed counting for more than an estimated the GPO industry—in responding to to consult with the Federal Trade Com- $50 billion in commerce is responsible this situation. At our behest, six of the mission and the Attorney General in S10264 CONGRESSIONAL RECORD — SENATE October 1, 2004 developing these guidelines. Rather that there will never be a return to (b) REGULATIONS.—Section 1128B of the So- than micro-managing specific business practices that imperiled patient health cial Security Act (42 U.S.C. 1320a–7b) is practices, the discretion is left to the and health worker safety, and blocked amended by adding at the end the following new subsection: health policy experts at HHS, after competition and innovation in this ‘‘(g)(1)(A) The Secretary, in consultation consulting with the antitrust agen- vital industry. with the Attorney General and the Federal cies—and only with the input of indus- The bottom line is that our bill will Trade Commission, shall, not later than 1 try representatives through the notice encourage medical innovation, ensure year after the date of enactment of the Med- and comment process—to develop the doctors get the broadest choice of med- ical Device Competition Act of 2004, issue appropriate standards. ical devices, and ensure that patients proposed regulations, and shall, not later We recognize that different GPOs will receive the best possible devices than 2 years after such date of enactment, have different business models, and the available. These are goals we should all promulgate final regulations, specifying con- tracting, business, and ethical practices of goal of this approach is to permit GPOs support. I urge my colleagues to join persons described in paragraph (4) that are to maintain these models as long as me in supporting this legislation. contrary to antitrust law and competitive they do not violate basic precepts of I ask unanimous consent that the principles, to ethical standards, or to the good business conduct. As long as a text of this bill be printed in the goal of ensuring that products necessary for GPO does not violate these standards, RECORD. proper patient care or worker safety are it continues to receive the immunity There being no objection, the bill was readily available to physicians, health care ordered to be printed in the RECORD, as workers, and patients. from anti-kickback law granted by the ‘‘(B) In issuing and promulgating regula- safe harbor. However, the penalty for follows: tions under subparagraph (A), the Secretary GPOs that violate these standards is to S. 2880 shall take into account— be ineligible to participate in the safe Be it enacted by the Senate and House of Rep- ‘‘(i) the compelling public policy goals of— harbor—that is, being unable to accept resentatives of the United States of America in ‘‘(I) encouraging competition and innova- payments from hospital suppliers. This Congress assembled, tion in the hospital supply and medical de- sanction should prevent GPOs from re- SECTION 1. SHORT TITLE. vice markets; and This Act may be cited as the ‘‘Medical De- verting to unethical or anti-competi- ‘‘(II) reducing the cost of health care as a vice Competition Act of 2004’’. result of aggregating buying power; tive conduct, and give HHS the regu- SEC. 2. FINDINGS. ‘‘(ii) the potentially detrimental impact of latory tools to supervise the industry Congress finds the following: certain anticompetitive contracting prac- so that it serves the interests of hos- (1) Given the increasing costs of health tices; and pitals and patients. care in the United States, there is a compel- ‘‘(iii) the need to avoid conflicts of inter- The one area in which our legislation ling public interest in ensuring that there is ests and other unethical practices by persons is prescriptive addresses a principle to full and free competition in the medical de- described in paragraph (4). which most parties on all sides of the vice and hospital supply industries so that ‘‘(2) The Secretary, in consultation with GPO debate—hospitals, manufacturers, the best and safest products are available to the Attorney General and the Federal Trade Commission, shall establish procedures for and most GPOs themselves—have al- physicians and patients at a competitive price. annually certifying that persons described in ready agreed. This is the provision that (2) By aggregating purchases, hospital paragraph (4) are in compliance with the bans GPOs from accepting payments group purchasing can reduce the cost of ac- final regulations promulgated pursuant to from vendors which exceed three per- quiring medical equipment and hospital sup- paragraph (1). cent of price of the good or service plies so long as such purchasing is done in a ‘‘(3) The Secretary, in consultation with sold. The intent of this provision is to manner consistent with antitrust law and the Attorney General and Federal Trade Commission, shall, not less than 6 months forbid excessive vendor fees which can free competition. (3) Some practices engaged in by certain after the date of enactment of the Medical bias a GPO contracting decision. The Device Competition Act of 2004, issue pro- decision on which product is placed on hospital group purchasing organizations have had the effect of reducing competition posed regulations, and shall, not later than 1 a GPO contract should never turn on in the medical device and hospital supply in- year after such date of enactment, promul- the amount of money paid by the man- dustries by denying some suppliers and de- gate final regulations, to clarify its regula- ufacturer to the GPO; rather, a GPO’s vice makers access to the hospital market- tions promulgated pursuant to section 14(a) only goal should be to contract for the place. of the Medicare and Medicaid Patient and (4) There is a compelling public interest in Program Protection Act of 1987 to specify highest quality product at the lowest that the definition of ‘remuneration’ under possible price. Most GPO’s codes of having the Secretary of Health and Human Services, in consultation with the Attorney this section with respect to persons de- conduct already ban vendor fees higher scribed in paragraph (4)— than 3 percent; however, during our in- General and Federal Trade Commission, en- gage in oversight and supervision of the cur- ‘‘(A) includes only those reasonable costs vestigation we learned that one of the rent Federal health care program anti-kick- associated with the procurement of products nation’s two largest GPOs had accepted back exemption (also known as the safe har- and the administration of valid contracts; fees above 20 percent. Indeed, data sub- bor) provided to group purchasing organiza- and mitted to the Subcommittee showed tions under subparagraphs (C) and (E) of sec- ‘‘(B) does not include marketing costs, any tion 1128B(b)(3) of the Social Security Act (42 extraneous fees, or any other payment in- that during 2002 over 20 percent of that tended to unduly or improperly influence the GPO’s revenues was derived from con- U.S.C. 1320a–7b(b)(3)). This oversight and su- pervision should ensure that the safe harbor award of a contract based on factors other tracts with vendor fees higher than 3 than the cost, quality, safety, or efficacy of percent, a proportion that had in- does not shield conduct that harms competi- tion in the hospital supply and medical de- the product. ‘‘(4) A person described in this paragraph is creased from the previous year. The vice industries. safe harbor should not shield such a person authorized to act as a purchasing SEC. 3. ENSURING FULL AND FREE COMPETI- agent for a group of individuals or entities practices, conduct which has the TION. who are furnishing services reimbursable (a) IN GENERAL.—Section 1128B(b)(3)(C) of strong potential to bias the whole sys- under a Federal health care program.’’. the Social Security Act (42 U.S.C. 1320a– tem. (c) DEFINITION OF PURCHASING AGENT.—Sec- In sum, we believe that our bill is a 7b(b)(3)(C)) is amended— tion 1128B of the Social Security Act (42 modest yet effective legislative ap- (1) in clause (i), by striking ‘‘, and’’ at the U.S.C. 1320a–7b), as amended by subsection proach to ensuring that the gains we end and inserting a semicolon; and (b), is amended by adding at the end the fol- (2) by adding at the end the following new lowing new subsection: have achieved over the past two years clauses: are not reversed, and that the safe har- ‘‘(h) For purposes of this section, the term ‘‘(iii) the contracting, business, and ethical ‘purchasing agent’ means any individual, or- bor is administered in a way to pro- practices of the person are not inconsistent ganization, or other entity that negotiates mote innovation, competition, and cost with regulations promulgated by the Sec- and implements contracts to purchase hos- savings. This legislation will give the retary pursuant to subsection (g)(1); pital supplies or medical equipment, devices, authority that HHS needs to be an ef- ‘‘(iv) the person has been certified by the products, or goods or services of any kind for fective watchdog over hospital pur- Secretary under subsection (g)(2) to be in any group of individuals or entities who are chasing practices. Once this legislation compliance with the regulations promul- furnishing services reimbursable under a gated pursuant to subsection (g)(1); and is passed we can be confident that the Federal health care program, including orga- ‘‘(v) the amount to be paid the person does nizations commonly known as ‘group pur- reforms to the hospital purchasing in- not exceed a total of 3 percent of the pur- chasing organizations’.’’. dustry that we have achieved over the chase price of the goods or services provided (d) EFFECTIVE DATE.—Clause (v) of section last two years will remain in place, and by that vendor;’’. 1128B(b)(3)(C) of the Social Security Act (42 October 1, 2004 CONGRESSIONAL RECORD — SENATE S10265 U.S.C. 1320a–7b(b)(3)(C)), as added by sub- 1976, is amended by striking subsection (b) him to the bill S. 2845, to reform the in- section (a), shall take effect 1 year after the and by redesignating subsection (c) as sub- telligence community and the intel- date of enactment of this Act. section (b). ligence and intelligence-related activi- f f ties of the United States Government, SUBMITTED RESOLUTIONS AMENDMENTS SUBMITTED AND and for other purposes; which was or- PROPOSED dered to lie on the table; as follows: SA 3945. Mr. LEAHY (for himself and Mr. On page 7, beginning on line 20, strike SENATE RESOLUTION 445—TO ‘‘that is not part of the National Foreign In- GRASSLEY) proposed an amendment to the ELIMINATE CERTAIN RESTRIC- bill S. 2845, to reform the intelligence com- telligence Program as of the date of the en- TIONS ON SERVICE OF A SEN- munity and the intelligence and intel- actment of this Act’’. ATOR ON THE SENATE SELECT ligence-related activities of the United f COMMITTEE ON INTELLIGENCE States Government, and for other purposes. TEXT OF AMENDMENTS Mr. LOTT submitted the following SA 3946. Ms. COLLINS (for Mr. INHOFE) proposed an amendment to amendment SA Mr. LEAHY (for himself and resolution; which was referred to the SA 3945. 3849 proposed by Mr. CORZINE (for himself Mr. GRASSLEY) proposed an amendment Committee on Rules and Administra- and Mr. LAUTENBERG) to the bill S. 2845, to the bill S. 2845, to reform the intel- tion: supra. Mr. LOTT. Mr. President, since Sep- SA 3947. Mr. DOMENICI (for himself and ligence community and the intel- tember 11, there has been an on-going Mr. BINGAMAN) submitted an amendment in- ligence and intelligence-related activi- debate about the quality of our Na- tended to be proposed by him to the bill S. ties of the United States Government, tion’s intelligence capabilities. In re- 1876, to authorize the Secretary of the Inte- and for other purposes; as follows: rior to convey certain lands and facilities of cent months, this debate has intensi- SECTION 1. CONGRESSIONAL OVERSIGHT OF FBI the Provo River Project; which was ordered fied as questions have arisen about pre- USE OF TRANSLATORS. to lie on the table. Not later than 30 days after the date of en- war intelligence concerning Iraq’s pro- SA 3948. Mr. FRIST (for Mr. SHELBY (for actment of this Act, and annually thereafter, gram for developing weapons of mass himself and Mr. SARBANES)) proposed an the Attorney General of the United States destruction. In this period, when the amendment to the bill H.R. 1533, to amend shall submit a report to the Committee on the securities laws to permit church pension United States is engaged in a global the Judiciary of the Senate and the Com- war against terrorism, it is imperative plans to be invested in collective trusts. SA 3949. Ms. MURKOWSKI submitted an mittee on the Judiciary of the House of Rep- that our intelligence resources are used resentatives, that contains, with respect to to the utmost of their capability. amendment intended to be proposed by her to the bill S. 1466, to facilitate the transfer each preceding 12-month period— The Senate Select Committee on In- of land in the State of Alaska, and for other (1) the number of translators employed, or telligence is charged with the responsi- purposes; which was referred to the Com- contracted for, by the Federal Bureau of In- bility of overseeing our Nation’s intel- mittee on Energy and Natural Resources. vestigation or other components of the De- partment of Justice; ligence capabilities. As a member of f that committee, I can attest to the (2) any legal or practical impediments to quality of the work performed by mem- TEXT OF AMENDMENTS— using translators employed by the Federal, bers and staff who serve on the com- THURSDAY, SEPTEMBER 30, 2004 State, or local agencies on a full-time, part- time, or shared basis; mittee. But there is a huge learning SA 3809. Mr. LEVIN submitted an (3) the needs of the Federal Bureau of In- curve to fully comprehend how our Na- amendment intended to be proposed by vestigation for the specific translation serv- tion’s intelligence capabilities are him to the bill S. 2845, to reform the in- ices in certain languages, and recommenda- being deployed. There are very complex telligence community and the intel- tions for meeting those needs; technological issues associated with ligence and intelligence-related activi- (4) the status of any automated statistical international intelligence and Senators ties of the United States Government, reporting system, including implementation often do not have the time to develop and for other purposes; which was or- and future viability; expertise in understanding all of these dered to lie on the table; as follows: (5) the storage capabilities of the digital systems. And that makes it difficult collection system or systems utilized; On page 28, line 17, strike ‘‘or’’ at the end. (6) a description of the establishment and for all committee members to engage On page 28, line 19, strike the period and compliance with audio retention policies in effective oversight. insert ‘‘; and’’. On page 28, between lines 19 and 20, insert that satisfy the investigative and intel- I believe the current structure of the ligence goals of the Federal Bureau of Inves- Intelligence Committee handicaps the the following: (D) the personnel involved are not military tigation; and committee’s ability to perform truly (7) a description of the implementation of meaningful oversight. Unlike any other personnel and the funds were not appro- priated to military personnel appropriations, quality control procedures and mechanisms committee in the Senate, there are se- except that the Director may make a trans- for monitoring compliance with quality con- vere restrictions placed on how long a fer of such personnel or funds if the Sec- trol procedures. member can serve on the Intelligence retary of Defense does not object to such Committee. A Senator can only serve transfer. SA 3946. Ms. COLLINS (for Mr. on the committee for eight continuous On page 91, between lines 12 and 13, insert INHOFE) proposed an amendment to years. And one-third of the members of the following: amendment SA 3849 proposed by Mr. the committee are required to cycle off (C) Nothing in this subsection shall be con- CORZINE (for himself and Mr. LAUTEN- strued to authorize the National Intelligence the committee every 2 years. BERG) to the bill S. 2845, to reform the Director to specify, or require the head of a intelligence community and the intel- I think the Senate can no longer af- department, agency, or element of the ford the luxury of cycling members on United States Government to approve a re- ligence and intelligence-related activi- and off the committee. We need an In- quest for, the transfer, assignment, or detail ties of the United States Government, telligence Committee whose members of military personnel, except that the Direc- and for other purposes; as follows: have years of experience in under- tor may take such action with regard to In lieu of the matter to be inserted, insert standing the entire spectrum of global military personnel if the Secretary of De- the following: intelligence just as we have a Finance fense does not object to such action. TITLE ll—CHEMICAL FACILITIES On page 98, between lines 21 and 22, insert SECURITY Committee whose members have spent the following: years learning the nuances and intrica- (C) Nothing in this subsection shall be con- SEC. ll0. 1. SHORT TITLE. cies of the tax laws and Medicare. For strued to authorize the National Intelligence This title may be cited as the ‘‘Chemical that reason, I am today submitting a Director to specify, or require the head of a Facilities Security Act of 2004’’. resolution eliminating both the 8-year department, agency, or element of the SEC. ll02. DEFINITIONS. term limit and the mandate to replace United States Government to approve a re- In this title: one-third of the committee every 2 quest for, the transfer, assignment, or detail (1) ALTERNATIVE APPROACHES.—The term years. I would note that the 9/11 Com- of military personnel, except that the Direc- ‘‘alternative approaches’’ means ways of re- tor may take such action with regard to ducing the threat of a terrorist release, as mission recommended that term limits military personnel if the Secretary of De- well as reducing the consequences of a ter- on the committee be eliminated. fense does not object to such action. rorist release from a chemical source, in- S. RES. 445 cluding approaches that— Resolved, That section 2 of Senate Resolu- SA 3810. Mr. LEVIN submitted an (A) use smaller quantities of substances of tion 400, 94th Congress, agreed to May 19, amendment intended to be proposed by concern; S10266 CONGRESSIONAL RECORD — SENATE October 1, 2004 (B) replace a substance of concern with a (B) such other chemical substance as the menting a site security plan in accordance less hazardous substance; or Secretary may designate under section with this title, including— (C) use less hazardous processes. ll03(g). (A) regulations promulgated under para- (2) CHEMICAL SOURCE.—The term ‘‘chemical (11) TERRORISM.—The term ‘‘terrorism’’ has graphs (1) and (3) of subsection (a); and source’’ means a non-Federal stationary the meaning given the term in section 2 of (B) any applicable procedures, protocols, or source (as defined in section 112(r)(2) of the the Homeland Security Act of 2002 (6 U.S.C. standards endorsed or recognized by the Sec- Clean Air Act (42 U.S.C. 7412(r)(2))) for 101). retary under subsection (c)(1). which— (12) TERRORIST RELEASE.—The term ‘‘ter- (2) SUBMISSION.—Not later than 18 months (A) the owner or operator is required to rorist release’’ means— after the date of promulgation of regulations complete a risk management plan in accord- (A) a release from a chemical source into under paragraphs (1) and (3) of subsection (a), ance with section 112(r)(7)(B)(ii) of the Clean the environment of a substance of concern an owner or operator of a chemical source Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and that is caused by an act of terrorism; and shall provide to the Secretary copies of the (B) the Secretary is required to promulgate (B) the theft of a substance of concern by vulnerability assessment and site security implementing regulations under section a person for off-site release in furtherance of plan of the chemical source for review. ll03(a) of this title. an act of terrorism. (3) OVERSIGHT.—The Secretary shall, at (3) CONSIDERATION.—The term ‘‘consider- such times and places as the Secretary deter- SEC. ll03. VULNERABILITY ASSESSMENTS AND ation’’ includes— SITE SECURITY PLANS. mines to be appropriate, conduct or require (A) an analysis of alternative approaches, the conduct of vulnerability assessments and (a) REQUIREMENT.— including the benefits and risks of such ap- other activities (including third-party au- (1) IN GENERAL.—Not later than 1 year after proaches; dits) to ensure and evaluate compliance the date of enactment of this Act, the Sec- (B) the potential of the alternative ap- with— retary shall promulgate regulations that re- proaches to prevent or reduce the threat or (A) this title (including regulations pro- quire the owner or operator of each chemical consequences of a terrorist release; mulgated under paragraphs (1) and (3) of sub- source included on the list described in sub- (C) the cost and technical feasibility of al- section (a)); and section (f)(1)— ternative approaches; and (B) other applicable procedures, protocols, (A) to conduct an assessment of the vulner- (D) the effect of alternative approaches on or standards endorsed or recognized by the ability of the chemical source to a terrorist product quality, product cost, and employee Secretary under subsection (c)(1). release, including identifying hazards that safety. (4) SUBMISSION OF CHANGES.—The owner or may result from a terrorist release; and (4) DEPARTMENT.—The term ‘‘Department’’ operator of a chemical source shall— means the Department of Homeland Secu- (B) to prepare and implement a site secu- (A) provide to the Secretary a description rity. rity plan that addresses the results of the of any significant change that is made to the vulnerability assessment. (5) ENVIRONMENT.—The term ‘‘environ- vulnerability assessment or site security ment’’ has the meaning given the term in (2) CONTENTS OF SITE SECURITY PLAN.—A plan required for the chemical source under section 101 of the Comprehensive Environ- site security plan required under the regula- this section, not later than 90 days after the mental Response, Compensation, and Liabil- tions promulgated under paragraph (1) or date the change is made; and ity Act of 1980 (42 U.S.C. 9601). any other plan determined to be substan- (B) update the certification of the vulner- (6) OWNER OR OPERATOR.—The term ‘‘owner tially equivalent by the Secretary under sub- ability assessment or site security plan. or operator’’ has the meaning given the term section (c)— (c) SPECIFIED STANDARDS.— in section 112(a) of the Clean Air Act (42 (A) shall include security measures to sig- (1) EXISTING PROCEDURES, PROTOCOLS, AND U.S.C. 7412(a)). nificantly reduce the vulnerability of the STANDARDS.—Upon submission of a petition (7) RELEASE.—The term ‘‘release’’ has the chemical source covered by the plan to a ter- by any person to the Secretary, and after re- meaning given the term in section 101 of the rorist release; ceipt by that person of a written response Comprehensive Environmental Response, (B) shall describe, at a minimum, par- from the Secretary, any procedures, proto- Compensation, and Liability Act of 1980 (42 ticular equipment, plans, and procedures cols, and standards established by the Sec- U.S.C. 9601). that could be implemented or used by or at retary under regulations promulgated under (8) SECRETARY.—The term ‘‘Secretary’’ the chemical source in the event of a ter- subsection (a)(3) may— means the Secretary of Homeland Security. rorist release; and (A) endorse or recognize procedures, proto- (9) SECURITY MEASURE.— (C) shall include consideration and, where cols, regulations, and standards— (A) IN GENERAL.—The term ‘‘security meas- practicable in the judgment of the owner or (i) that are established by— ure’’ means an action carried out to ensure operator of the chemical source, implemen- (I) industry; or enhance the security of a chemical source. tation of options to reduce the threat of a (II) State or local authorities; or (B) INCLUSIONS.—The term ‘‘security meas- terrorist release through the use of alter- (III) other applicable law; and ure’’, with respect to a chemical source, in- native approaches. (ii) the requirements of which the Sec- cludes measures such as— (3) PROMULGATION.—Not later than 1 year retary determines to be— (i) an employee training and background after the date of enactment of this Act, the (I) substantially equivalent to the require- check; Secretary shall promulgate regulations es- ments under subsections (a)(1), (a)(2), and (ii) the limitation and prevention of access tablishing procedures, protocols, regulations, (a)(3); and to controls of the chemical source; and standards for vulnerability assessments (II) in effect on or after the date of enact- (iii) the protection of the perimeter of the and site security plans. ment of this Act; and chemical source; (4) GUIDANCE TO SMALL ENTITIES.—Not later (B) require that a vulnerability assessment (iv) the installation and operation of intru- than 1 year after the date of enactment of and site security plan address a particular sion detection sensors; this Act, the Secretary shall publish guid- threat or type of threat. (v) the implementation of measures to in- ance to assist small entities in complying (2) NOTIFICATION OF SUBSTANTIAL EQUIVA- crease computer or computer network secu- with paragraph (2)(C). LENCY.—If the Secretary endorses or recog- rity; (5) THREAT INFORMATION.—To the max- nizes existing procedures, protocols, regula- (vi) the implementation of other security- imum extent practicable under applicable tions, and standards described in paragraph related measures to protect against or re- authority and in the interests of national se- (1)(A), the Secretary shall provide to the per- duce the threat of— curity, the Secretary shall provide to an son that submitted the petition a notice that (I) a terrorist attack on the chemical owner or operator of a chemical source re- the procedures, protocols, regulations, and source; or quired to prepare a vulnerability assessment standards are substantially equivalent to the (II) the theft of a substance of concern for and site security plan threat information requirements of paragraph (1) and para- offsite release in furtherance of an act of ter- that is relevant to the chemical source. graphs (1) and (3) of subsection (a). rorism; (6) COORDINATED ASSESSMENTS AND PLANS.— (3) NO ACTION BY SECRETARY.—If the Sec- (vii) the installation of measures and con- The regulations promulgated under para- retary does not endorse or recognize existing trols to protect against or reduce the con- graphs (1) and (3) shall permit the develop- procedures, protocols, and standards de- sequences of a terrorist attack; and ment and implementation of coordinated scribed in paragraph (1)(A), the Secretary (viii) the conduct of any similar security- vulnerability assessments and site security shall provide to each person that submitted related activity, as determined by the Sec- plans in any case in which more than 1 a petition under paragraph (1) a written noti- retary. chemical source is operating at a single loca- fication that includes a clear explanation of (10) SUBSTANCE OF CONCERN.—The term tion or at contiguous locations, including the reasons why the endorsement or recogni- ‘‘substance of concern’’ means— cases in which a chemical source is under the tion was not made. (A) a chemical substance present at a control of more than 1 owner or operator. (d) PREPARATION OF ASSESSMENTS AND chemical source in quantities equal to or ex- (b) CERTIFICATION AND SUBMISSION.— PLANS.—As of the date of endorsement or ceeding the threshold quantities for the (1) IN GENERAL.—Each owner or operator of recognition by the Secretary of a particular chemical substance, as defined in or estab- a chemical source shall certify in writing to procedure, protocol, or standard under sub- lished under paragraphs (3) and (5) of section the Secretary that the owner or operator has section (c)(1)(A), any vulnerability assess- 112(r) of the Clean Air Act (42 U.S.C. 7412(r)); completed a vulnerability assessment and ment or site security plan that is prepared and has developed and implemented or is imple- by a chemical source before, on, or after the October 1, 2004 CONGRESSIONAL RECORD — SENATE S10267 date of endorsement or recognition of, and in from a terrorist release of the chemical sub- until the court, in consultation with the Sec- accordance with, that procedure, protocol, or stance. retary, determines that the disclosure of the standard, shall, for the purposes of sub- (3) REGULATIONS.—The Secretary may information does not pose a threat to public section (b)(3) and section ll04, be judged by make a designation, exemption, or adjust- security or endanger the life or safety of any the Secretary against that procedure, pro- ment under paragraph (1) in regulations pro- person. tocol, or standard rather than the relevant mulgated under paragraphs (1) and (3) of sub- (5) PENALTIES FOR UNAUTHORIZED DISCLO- regulations promulgated under subsection section (a). SURE.— (c) and paragraphs (1) and (3) of subsection (h) 5-YEAR REVIEW.—Not later than 5 years (A) IN GENERAL.—Except as provided in (a) (including such a vulnerability assess- after the date of certification of a vulner- subparagraph (B), any individual referred to ment or site security plan prepared before, ability assessment and a site security plan in paragraph (3)(B)(ii) who acquires any in- on, or after the date of enactment of this under subsection (b)(1), and not less often formation described in paragraph (3)(A) (in- Act). than every 5 years thereafter (or on such a cluding any reproduction of that information schedule as the Secretary may establish by (e) REGULATORY CRITERIA.—In exercising or any information derived from that infor- the authority under subsections (a) and (c) regulation), the owner or operator of the mation), and who knowingly or recklessly with respect to a chemical source, the Sec- chemical source covered by the vulnerability discloses the information, shall— assessment or site security plan shall— retary shall consider— (i) be imprisoned not more than 1 year, (1) review the adequacy of the vulner- (1) the likelihood that a chemical source fined in accordance with chapter 227 of title ability assessment and site security plan; will be the target of terrorism; 18, United States Code (applicable to class A and (2) the nature and quantity of the sub- misdemeanors), or both; and (2)(A) certify to the Secretary that the stances of concern present at a chemical (ii) be removed from Federal office or em- chemical source has completed the review source; ployment. and implemented any modifications to the (3) the potential extent of death, injury, or (B) EXCEPTIONS.— site security plan; and serious adverse effects to human health or (i) IN GENERAL.—Subparagraph (A) shall (B) submit to the Secretary a description not apply to a person described in that sub- the environment that would result from a of any changes to the vulnerability assess- paragraph that discloses information de- terrorist release; ment or site security plan. scribed in paragraph (3)(A)— (4) the potential harm to critical infra- (i) PROTECTION OF INFORMATION.— (I) to an individual designated by the Sec- structure and national security from a ter- (1) DISCLOSURE EXEMPTION.—Except with rorist release; respect to certifications specified in sub- retary under paragraph (3)(B)(ii); (5) cost and technical feasibility; sections (b)(1)(A) and (h)(2)(A), vulnerability (II) for the purpose of section ll06; or (6) scale of operations; and assessments and site security plans obtained (III) for use in any administrative or judi- (7) such other security-related factors as in accordance with this title, and materials cial proceeding to impose a penalty for fail- the Secretary determines to be appropriate developed or produced exclusively in prepa- ure to comply with a requirement of this and necessary to protect the public health ration of those documents (including infor- title. and welfare, critical infrastructure, and na- mation shared with Federal, State, and local (ii) LAW ENFORCEMENT OFFICIALS AND FIRST tional security. government entities under paragraphs (3) RESPONDERS.—Notwithstanding subpara- (f) LIST OF CHEMICAL SOURCES.— through (5)), shall be exempt from disclosure graph (A), an individual referred to in para- (1) IN GENERAL.—Not later than 180 days under— graph (3)(B)(ii) who is an officer or employee after the date of enactment of this Act, the (A) section 552 of title 5, United States of the United States may share with a State Secretary shall develop a list of chemical Code; or or local law enforcement or other official sources in existence as of that date. (B) any State or local law providing for (including a first responder) the contents of (2) CONSIDERATIONS.—In developing the list public access to information. a vulnerability assessment or site security under paragraph (1), the Secretary shall con- (2) NO EFFECT ON OTHER DISCLOSURE.—Noth- plan, or other information described in that sider the criteria specified in subsection (e). ing in this title affects the handling, treat- paragraph, to the extent disclosure is nec- (3) FUTURE DETERMINATIONS.—Not later ment, or disclosure of information obtained essary to carry out this title. than 3 years after the date of promulgation from chemical sources under any other law. SEC. ll04. ENFORCEMENT. of regulations under subsection (c) and para- (3) DEVELOPMENT OF PROTOCOLS.— (a) FAILURE TO COMPLY.—If an owner or op- graphs (1) and (3) of subsection (a), and every (A) IN GENERAL.—The Secretary, in con- erator of a chemical source fails to certify or 3 years thereafter, the Secretary shall, after sultation with the Director of the Office of submit a vulnerability assessment or site se- considering the criteria described in sub- Management and Budget and appropriate curity plan in accordance with this title, the section (e)— Federal law enforcement and intelligence of- Secretary may issue an order requiring the (A) determine whether additional facilities ficials, and in a manner consistent with ex- certification and submission of a vulner- (including, as of the date of the determina- isting protections for sensitive or classified ability assessment or site security plan in tion, facilities that are operational and fa- information, shall, by regulation, establish accordance with section ll03(b). cilities that will become operational in the confidentiality protocols for maintenance (b) DISAPPROVAL.—The Secretary may dis- future) shall be considered to be a chemical and use of information that is obtained from approve under subsection (a) a vulnerability source under this title; owners or operators of chemical sources and assessment or site security plan submitted (B) determine whether any chemical provided to the Secretary under this title. under section ll03(b) if the Secretary de- source identified on the most recent list (B) REQUIREMENTS FOR PROTOCOLS.—A pro- termines that— under paragraph (1) no longer presents a risk tocol established under subparagraph (A) (1) the vulnerability assessment or site se- sufficient to justify retention of classifica- shall ensure that— curity plan does not comply with regulations tion as a chemical source under this title; (i) each copy of a vulnerability assessment promulgated under paragraph (1) and (3) of and or site security plan submitted to the Sec- subsection (a) or the procedure, protocol, or (C) update the list as appropriate. retary, all information contained in or de- standard endorsed or recognized under sec- (4) REGULATIONS.—The Secretary may rived from that assessment or plan, and tion ll03(c); or make a determination under this subsection other information obtained under section (2) the site security plan, or the implemen- in regulations promulgated under paragraphs ll06, is maintained in a secure location; tation of the site security plan, is insuffi- (1) and (3) of subsection (a). and cient to address— (g) DESIGNATION, EXEMPTION, AND ADJUST- (ii) except as provided in paragraph (5)(B), (A) the results of a vulnerability assess- MENT OF THRESHOLD QUANTITIES OF SUB- or as necessary for judicial enforcement, ac- ment of a chemical source; or STANCES OF CONCERN.— cess to the copies of the vulnerability assess- (B) a threat of a terrorist release. (1) IN GENERAL.—The Secretary may, by ments and site security plans submitted to (c) COMPLIANCE.—If the Secretary dis- regulation— the Secretary, and other information ob- approves a vulnerability assessment or site (A) designate certain chemical substances tained under section ll06, shall be limited security plan of a chemical source under sub- in particular threshold quantities as sub- to persons designated by the Secretary. section (b), the Secretary shall— stances of concerns under this title; (4) DISCLOSURE IN CIVIL PROCEEDINGS.—In (1) provide the owner or operator of the (B) exempt certain chemical substances any Federal or State civil or administrative chemical source a written notification of the from designation as substances of concern proceeding in which a person seeks to com- determination that includes a clear expla- under this title; and pel the disclosure or the submission as evi- nation of deficiencies in the vulnerability as- (C) adjust the threshold quantity of a dence of sensitive information contained in a sessment, site security plan, or implementa- chemical substance. vulnerability assessment or security plan re- tion of the assessment or plan; (2) CONSIDERATIONS.—In designating or ex- quired by subsection (a) or (b) and is not oth- (2) consult with the owner or operator of empting a chemical substance or adjusting erwise subject to disclosure under other pro- the chemical source to identify appropriate the threshold quantity of a chemical sub- visions of law— steps to achieve compliance; and stance under paragraph (1), the Secretary (A) the information sought may be sub- (3) if, following that consultation, the shall consider the potential extent of death, mitted to the court under seal; and owner or operator of the chemical source injury, or serious adverse effects to human (B) the court, or any other person, shall does not achieve compliance in accordance health or the environment that would result not disclose the information to any person by such date as the Secretary determines to S10268 CONGRESSIONAL RECORD — SENATE October 1, 2004 be appropriate under the circumstances, (other than field work) in implementing this erators in furtherance of the purposes of this issue an order requiring the owner or oper- title; and title. ator to correct specified deficiencies. (2) may provide reimbursement for such SEC. ll09. JUDICIAL REVIEW. (d) EMERGENCY POWERS.— technical and analytical support received as (a) REGULATIONS.—Not later than 60 days (1) DEFINITION OF EMERGENCY THREAT.—The the Secretary determines to be appropriate. term ‘‘emergency threat’’ means a threat of after the date of promulgation of a regula- SEC. ll06. RECORDKEEPING; SITE INSPEC- tion under this title, any person may file a a terrorist act that could result in a terrorist TIONS; PRODUCTION OF INFORMA- release at a chemical source— TION. petition for judicial review relating to the (A) that is beyond the scope of the site se- (a) RECORDKEEPING.—The owner or oper- regulation with— curity plan as implemented at the chemical ator of a chemical source that is required to (1) the United States Court of Appeals for source; prepare a vulnerability assessment or site se- the District of Columbia; or (B) the likelihood of the immediate occur- curity plan under section ll03(a) shall (2) with the United States circuit court— rence of which is high; maintain a current copy of those documents. (A) having jurisdiction over the State in (C) the consequences of which would be se- (b) RIGHT OF ENTRY.—In carrying out this which the person resides; or vere; and title, the Secretary (or a designee), on pres- (B) for the circuit in which the principal (D) based on the factors described in sub- entation of credentials, shall have a right of place of business of the person is located. paragraphs (A) through (C), would not be ap- entry to, on, or through— (b) FINAL AGENCY ACTIONS OR ORDERS.— propriately and reasonably addressed, or ad- (1) any premises of an owner or operator of Not later than 60 days after the date on dressed in a timely manner, by the Secretary a chemical source described in subsection which a covered source receives notice of an under subsections (a) through (c). (a); and action or order of the Secretary under this (2) INITIATION OF ACTION.— (2) any premises on which any record re- title with respect to the chemical source, the (A) IN GENERAL.—If the Secretary (in con- quired to be maintained under subsection (a) chemical source may file a petition for judi- sultation with State and local law enforce- is located. cial review of the action or order with the ment officials) determines that an emer- (c) REQUESTS FOR RECORDS.—In carrying United States district court for the district gency threat exists, the Secretary may bring out this title, the Secretary (or a designee) in which— a civil action on behalf of the United States may require the submission of, or, on presen- (1) the chemical source is located; or in United States district court to imme- tation of credentials, may at reasonable (2) the owner or operator of the chemical diately require each covered source poten- times seek access to and copy— source has a principal place of business. (1) any records, reports, or other informa- tially subject to the emergency threat to (c) STANDARD OF REVIEW.— tion described in subsection (a); and take such actions as are necessary to re- (1) IN GENERAL.—On the filing of a petition (2) any other documentation necessary spond to the emergency threat. under subsection (a) or (b), the court of juris- for— (B) NOTICE AND PARTICIPATION.—The Sec- diction shall review the regulation or other (A) review or analysis of a vulnerability as- retary shall provide to each covered source final action or order that is the subject of sessment or site security plan; or that is the subject of a civil action under the petition in accordance with chapter 7 of (B) implementation of a site security plan. subparagraph (A)— title 5, United States Code. (d) COMPLIANCE.—If the Secretary deter- (i) notice of any injunctive relief to compel mines that an owner or operator of a chem- (2) BASIS.— compliance with this subsection that is ical source is not maintaining, producing, or (A) IN GENERAL.—Judicial review of a regu- being sought; and permitting access to records as required by lation, or of a final agency action or order (ii) an opportunity to participate in any this section, the Secretary may issue an described in paragraph (1) that is based on an proceedings relating to the civil action. order requiring compliance with the relevant administrative hearing held on the record, (3) EMERGENCY ORDERS.— provisions of this section. shall be based on the record of the pro- (A) IN GENERAL.—If the Secretary deter- SEC. ll0 7. PENALTIES. ceedings, comments, and other information mines that it is not practicable to ensure (a) JUDICIAL RELIEF.—Any owner or oper- that the Secretary considered in promul- prompt action to protect public safety from ator of a chemical source that violates or gating the regulation, taking the action, or an emergency threat by commencing a civil fails to comply with any order issued by the issuing the order being reviewed. action under paragraph (2), the Secretary Secretary under this title or a site security (B) OTHER ACTIONS AND ORDERS.—Judicial may issue such orders as are necessary to en- plan submitted to the Secretary under this review of a final agency action or order de- sure public safety. title (or, in the case of an exemption de- scribed in paragraph (1) that is not described (B) CONSULTATION.—Before issuing an order scribed in section ll03(d), a procedure, pro- in subparagraph (A) shall be based on any under subparagraph (A), the Secretary tocol, or standard endorsed or recognized by submissions to the Secretary relating to the shall— the Secretary under section ll03(c)) may, action or order, and any other information, (i) consult with State and local law en- in a civil action brought in United States that the Secretary considered in taking the forcement officials; and district court, be subject, for each day on action or issuing the order. (ii) attempt to confirm the accuracy of the which the violation occurs or the failure to SEC. ll10. NO EFFECT ON REQUIREMENTS information on which the action proposed to comply continues, to— UNDER OTHER LAW. be taken is based. (1) an order for injunctive relief; or (a) IN GENERAL.—Except as provided in sec- (C) EFFECTIVENESS OF ORDERS.— (2) a civil penalty of not more than $50,000. tion ll03(i), nothing in this title affects (i) IN GENERAL.—An order issued by the (b) ADMINISTRATIVE PENALTIES.— any duty or other requirement imposed Secretary under this paragraph shall be ef- (1) PENALTY ORDERS.—The Secretary may under any other Federal or State law. fective for the 60-day period beginning on the issue an administrative penalty of not more (b) OTHER FEDERAL LAW.— date of issuance of the order unless the Sec- than $250,000 for failure to comply with an (1) IN GENERAL.—Notwithstanding sub- retary files a civil action under paragraph (2) order issued by the Secretary under this section (a), a chemical source that is re- before the expiration of that period. title. quired to prepare a facility vulnerability as- (ii) EXTENSION OF EFFECTIVE PERIOD.—With (2) NOTICE AND HEARING.—Before issuing an sessment and implement a facility security respect to an order issued under this para- order described in paragraph (1), the Sec- plan under any another Federal law may pe- graph, the Secretary may file a civil action retary shall provide to the person against tition the Secretary to be subject to the before the end of the 60-day period described which the penalty is to be assessed— other Federal law in lieu of this title. in clause (i) to extend the effective period of (A) written notice of the proposed order; (2) DETERMINATION OF SUBSTANTIAL EQUIVA- the order for— and LENCE.—If the Secretary determines that a (I) 14 days; or (B) the opportunity to request, not later Federal law covered by a petition submitted (II) such longer period as the court in than 30 days after the date on which the per- by a chemical source under paragraph (1) is which the civil action is filed may authorize. son receives the notice, a hearing on the pro- substantially equivalent to this title— (e) PROTECTION OF INFORMATION.—Any de- posed order. (A) the Secretary may grant the petition; termination of disapproval or order made or (3) PROCEDURES.—The Secretary may pro- and issued under this section shall be exempt mulgate regulations outlining the proce- (B) the chemical source shall be subject to from disclosure— dures for administrative hearings and appro- the other Federal law in lieu of this title. (1) under section 552 of title 5, United priate review, including necessary deadlines. States Code; (c) TREATMENT OF INFORMATION IN JUDICIAL SEC. ll11. AGRICULTURAL BUSINESS SECURITY (2) under any State or local law providing PROCEEDINGS.—Information submitted or ob- GRANT PROGRAM. for public access to information; and tained by the Secretary, information derived (a) DEFINITION OF ELIGIBLE ENTITY.—In this (3) except as provided in section from that information, and information sub- section, the term ‘‘eligible entity’’ means a ll03(i)(4), in any Federal or State civil or mitted by the Secretary under this title (ex- retail or production agricultural business administrative proceeding. cept under section ll011) shall be treated in (including a business that is engaged in the SEC. ll05. INTERAGENCY TECHNICAL SUPPORT any judicial or administrative action as if production or processing of seafood) that em- AND COOPERATION. the information were classified material. ploys not more than such number of individ- The Secretary— SEC. ll08. PROVISION OF TRAINING. uals at a chemical source included in the list (1) may request other Federal agencies to The Secretary may provide training to described in section ll03(f)(1) as shall be provide technical and analytical support State and local officials and owners and op- determined by the Secretary, in consultation October 1, 2004 CONGRESSIONAL RECORD — SENATE S10269 with the Administrator of the Small Busi- sociated land, rights-of-way, and facilities by the Secretary of Agriculture as an admin- ness Administration and the Secretary of acquired, constructed, or improved by the istrative site. Agriculture. United States as part of the Provo River (F) ADMINISTRATION.—The easements con- (b) GRANTS.—The Secretary shall provide Project, Aqueduct Division, extending from, veyed under subparagraph (A) shall be ad- grants to an eligible entity that is a chem- and including, the Salt Lake Aqueduct In- ministered by the Secretary of Agriculture ical source included in the list described in take at the base of Deer Creek Dam to and in accordance with section 501(b)(3) of the section ll03(f)(1) selected under this sec- including the Terminal Reservoirs located at Federal Land Policy and Management Act of tion to enable the eligible entity at the 3300 South St. and Interstate Route 215 in 1976 (43 U.S.C. 1761(b)(3)). chemical source— Salt Lake City, Utah, as in existence on the (c) CONSIDERATION.— (1) to improve security measures; and date of enactment of this Act. (1) ASSOCIATION.— (2) to protect against or reduce the con- (7) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—In exchange for the con- sequence of a terrorist attack. means the Secretary of the Interior or a des- veyance under subsection (a)(1), the Associa- (c) CRITERIA.—In establishing criteria for ignee of the Secretary. tion shall pay the Secretary an amount that the selection of, or in otherwise selecting, el- (8) STATE.—The term ‘‘State’’ means the is equal to the sum of— igible entities to receive a grant under this State of Utah. (i) the net present value of any remaining section, the Secretary shall— SEC. 3. CONVEYANCE OF LAND AND FACILITIES. debt obligation of the United States with re- (1) consider on an individual, location-by- (a) CONVEYANCES TO ASSOCIATION.— spect to the Provo Reservoir Canal; and location basis, each applicant for a grant; (1) PROVO RESERVOIR CANAL.— (ii) the net present value of any revenues and (A) IN GENERAL.—In accordance with the from the Provo Reservoir Canal that, based (2) require each eligible entity that re- terms and conditions of the Agreement and on past history— ceives a grant to use funds from the grant subject to subparagraph (B), the Secretary (I) would be available to the United States only for the purposes described in subsection shall convey to the Association, all right, but for the conveyance of the Provo Res- (b) in accordance with guidance of the Sec- title, and interest of the United States in ervoir Canal under subsection (a)(1); and retary. and to the Provo Reservoir Canal. (II) would be deposited in the reclamation (d) AUTHORIZATION OF APPROPRIATIONS.— (B) CONDITION.—The conveyance under sub- fund established under the first section of There are authorized to be appropriated such paragraph (A) shall not be completed until the Act of June 17, 1902 (43 U.S.C. 391), and sums as are necessary to carry out this sec- the Secretary executes the Agreement and credited under the terms of Reclamation tion. accepts future arrangements entered into by Manual/Directives and Standards PEC 03–01. (B) DEDUCTION.—In determining the net Mr. DOMENICI (for himself the Association, the District, the Central SA 3947. Utah Water Conservancy District, and the present values under clauses (i) and (ii) of and Mr. BINGAMAN) submitted an Jordan Valley Water Conservancy District subparagraph (A), the Association may de- amendment intended to be proposed by providing for the operation, ownership, fi- duct from the net present value such sums as him to the bill S. 1876, to authorize the nancing, and improvement of the Provo Res- are required for the reimbursement described Secretary of the Interior to convey cer- ervoir Canal. in the Agreement. tain lands and facilities of the Provo (2) PLEASANT GROVE PROPERTY.—In accord- (2) DISTRICT.— River Project; which was ordered to lie ance with the terms and conditions of the (A) IN GENERAL.—In exchange for the con- on the table; as follows: Agreement, the Secretary shall convey to veyance under subsection (b)(1), the District the Association, all right, title, and interest shall pay the Secretary an amount that is Strike all after the enacting clause and in- of the United States in and to the Pleasant equal to the sum of— sert the following: Grove Property. (i) the net present value of any remaining SECTION 1. SHORT TITLE. (b) CONVEYANCE TO DISTRICT.— debt obligation of the United States with re- This Act may be cited as the ‘‘Provo River (1) IN GENERAL.—In accordance with the spect to the Salt Lake Aqueduct; and Project Transfer Act’’. terms and conditions of the Agreement and (ii) the net present value of any revenues SEC. 2. DEFINITIONS. subject to the execution of the Agreement by from the Salt Lake Aqueduct that, based on In this Act: the Secretary, the Secretary shall convey to past history— (1) AGREEMENT.—The term ‘‘Agreement’’ the District, all right, title, and interest of (I) would have been available to the United means the contract numbered 04–WC-40-8950 the United States in and to the Salt Lake States but for the conveyance of the Salt and entitled ‘‘Agreement Among the United Aqueduct. Lake Aqueduct under subsection (b)(1); and States, the Provo River Water Users Associa- (2) EASEMENTS.— (II) would be deposited in the reclamation tion, and the Metropolitan Water District of (A) IN GENERAL.—As part of the conveyance fund established under the first section of Salt Lake & Sandy to Transfer Title to Cer- under paragraph (1), the Secretary shall the Act of June 17, 1902 (43 U.S.C. 391), and tain Lands and Facilities of the Provo River grant to the District permanent easements credited under the terms of Reclamation Project’’ and shall include maps of the land to— Manual/Directives and Standards PEC 03–01. and features to be conveyed under the Agree- (i) the National Forest System land on (B) DEDUCTION.—In determining the net ment. which the Salt Lake Aqueduct is located; present values under clauses (i) and (ii) of (2) ASSOCIATION.—The term ‘‘Association’’ and subparagraph (A), the District may deduct means the Provo River Water Users Associa- (ii) land of the Aqueduct Division of the from the net present value such sums as are tion, a nonprofit corporation organized Provo River Project that intersects the par- required for the reimbursement described in under the laws of the State. cel of non-Federal land authorized to be con- the Agreement. (3) DISTRICT.—The term ‘‘District’’ means veyed to the United States under section (d) PAYMENT OF COSTS.—In addition to the Metropolitan Water District of Salt Lake 104(a) of Public Law 107–329 (116 Stat. 2816). amounts paid to the Secretary under sub- & Sandy, a political subdivision of the State. (B) PURPOSE.—The easements conveyed section (c), the Association and the District (4) PLEASANT GROVE PROPERTY.— under subparagraph (A) shall be for the use, shall, in accordance with the Agreement, pay (A) IN GENERAL.—The term ‘‘Pleasant operation, maintenance, repair, improve- the Secretary— Grove Property’’ means the 3.79-acre parcel ment, or replacement of the Salt Lake Aque- (1) any necessary and reasonable adminis- of land acquired by the United States for the duct by the District. trative and real estate transfer costs in- Provo River Project, Deer Creek Division, lo- (C) LIMITATION.—The United States shall curred by the Secretary in carrying out the cated at approximately 285 West 1100 North, not carry out any activity on the land sub- conveyance; and Pleasant Grove, Utah, as in existence on the ject to the easements conveyed under sub- (2) 1⁄2 of any necessary and reasonable costs date of enactment of this Act. paragraph (A) that would materially inter- associated with complying with— (B) INCLUSIONS.—The term ‘‘Pleasant fere with the use, operation, maintenance, (A) the National Environmental Policy Act Grove Property’’ includes the office building repair, improvement, or replacement of the of 1969 (42 U.S.C. 4321 et seq.); and shop complex constructed by the Asso- Salt Lake Aqueduct by the District. (B) the Endangered Species Act of 1973 (16 ciation on the parcel of land described in (D) BOUNDARIES.—The boundaries of the U.S.C. 1531 et seq.); and subparagraph (A). easements conveyed under subparagraph (A) (C)(i) the National Historic Preservation (5) PROVO RESERVOIR CANAL.—The term shall be determined by the Secretary, in con- Act (16 U.S.C. 470 et seq.); and ‘‘Provo Reservoir Canal’’ means the canal, sultation with the District and the Secretary (ii) any other Federal cultural resource and any associated land, rights-of-way, and of Agriculture. laws. facilities acquired, constructed, or improved (E) TRANSFER OF ADMINISTRATIVE JURISDIC- (e) COMPLIANCE WITH ENVIRONMENTAL by the United States as part of the Provo TION.— LAWS.— River Project, Deer Creek Division, extend- (i) IN GENERAL.—On conveyance of the (1) IN GENERAL.—Before conveying land and ing from, and including, the Murdock Diver- easement to the land described in subpara- facilities under subsections (a) and (b), the sion Dam at the mouth of Provo Canyon, graph (A)(ii), the Secretary, subject to the Secretary shall comply with all applicable Utah, to and including the Provo Reservoir easement, shall transfer to the Secretary of requirements under— Canal Siphon and Penstock, as in existence Agriculture administrative jurisdiction over (A) the National Environmental Policy Act on the date of enactment of this Act. the land. of 1969 (42 U.S.C. 4321 et seq.); (6) SALT LAKE AQUEDUCT.—The term ‘‘Salt (ii) ADMINISTRATIVE SITE.—The land trans- (B) the Endangered Species Act of 1973 (16 Lake Aqueduct’’ means the aqueduct and as- ferred under clause (i) shall be administered U.S.C. 1531 et seq.); and S10270 CONGRESSIONAL RECORD — SENATE October 1, 2004 (C) any other law applicable to the land of this Act that allows for or creates a right Sec. 106. Settlement of remaining entitle- and facilities. to convey water through the Provo Reservoir ment. (2) EFFECT.—Nothing in this Act modifies Canal. Sec. 107. Effect of Federal mining claims. or alters any obligations under— SEC. 5. EFFECT OF CONVEYANCE. Sec. 108. Land mistakenly relinquished or (A) the National Environmental Policy Act On conveyance of any land or facility omitted. of 1969 (42 U.S.C. 4321 et seq.); or under subsection (a) or (b)(1) of section 3— TITLE II—ALASKA NATIVE CLAIMS (B) the Endangered Species Act of 1973 (16 (1) the land and facilities shall no longer be SETTLEMENT ACT U.S.C. 1531 et seq.). part of a Federal reclamation project; SEC. 4. EXISTING CONTRACTS. (2) the Association and the District shall Sec. 201. Land available after selection pe- (a) DEER CREEK DIVISION CONSTRUCTION not be entitled to receive any future rec- riod. CONTRACT.—Notwithstanding the convey- lamation benefits with respect to the land Sec. 202. Combined entitlements. ances under subsections (a) and (b)(1) of sec- and facilities, except for benefits that would Sec. 203. Authority to convey by whole sec- tion 3 and subject to the terms of the Agree- be available to other nonreclamation facili- tion. ment, any portion of the Deer Creek Divi- ties; and sion, Provo River Project, Utah, that is not (3) the United States shall not be liable for Sec. 204. Conveyance of cemetery sites and conveyed under that section shall continue damages arising out of any act, omission, or historical places. to be operated and maintained by the Asso- occurrence relating to the land and facili- Sec. 205. Allocations based on population. ciation, in accordance with the contract ties, but shall continue to be liable for dam- Sec. 206. Authority to withdraw land. numbered I1r–874, dated June 27, 1936, and en- ages caused by acts of negligence committed Sec. 207. Report on withdrawals. titled the ‘‘Contract Between the United by the United States or by any employee or Sec. 208. Automatic segregation of land for States and Provo River Water Users Associa- agent of the United States before the date of underselected Village Corpora- tion Providing for the Construction of the conveyance, consistent with chapter 171 of tions. Deer Creek Division of the Provo River title 28, United States Code. Project, Utah’’. Sec. 209. Settlement of remaining entitle- SEC. 6. REPORT. ment. (b) PROVO RIVER PROJECT AND JORDAN AQ- If a conveyance required under subsection UEDUCT SYSTEM CONTRACTS.—Subject to the (a) or (b)(1) of section 3 is not completed by TITLE III—NATIVE ALLOTMENTS terms of the Agreement, any written con- the date that is 18 months after the date of tract of the United States in existence on Sec. 301. Correction of conveyance docu- enactment of this Act, the Secretary shall the date of enactment of this Act relating to ments. submit to Congress a report that— the operation and maintenance of any divi- Sec. 302. Title recovery of Native allot- (1) describes the status of the conveyance; sion or facility of the Provo River Project or ments. (2) describes any obstacles to completing the Jordan Aqueduct System is confirmed Sec. 303. Native allotment revisions on land the conveyance; and and declared to be a valid contract of the selected by or conveyed to a (3) specifies an anticipated date for com- United States that is enforceable in accord- Native Corporation. pletion of the conveyance. ance with the express terms of the contract. Sec. 304. Compensatory acreage. (c) USE OF CENTRAL UTAH PROJECT SA 3948. Mr. FRIST (for Mr. SHELBY Sec. 305. Reinstatements and reconstruc- WATER.— tions. (1) IN GENERAL.—Subject to paragraph (2), (for himself and Mr. SARBANES)) pro- any entity with contractual Provo Reservoir posed an amendment to the bill H.R. Sec. 306. Amendments to section 41 of the Canal or Salt Lake Aqueduct capacity rights 1533, to amend the securities laws to Alaska Native Claims Settle- in existence on the date of enactment of this permit church pension plans to be in- ment Act. Act may, in addition to the uses described in vested in collective trusts; as follows: TITLE IV—FINAL PRIORITIES; the existing contracts, use the capacity CONVEYANCE AND SURVEY PLANS On page 2, strike lines 17 through 22 and in- rights, without additional charge or further sert the following: Sec. 401. Deadline for establishment of re- approval from the Secretary, to transport ‘‘(2) by striking ‘other than any plan de- gional plans. Central Utah Project water on behalf of the scribed in clause (A), (B), or (C)’ and insert- entity or others. Sec. 402. Deadline for establishment of vil- ing the following: ‘or (D) a church plan, com- (2) LIMITATIONS.—An entity shall not use lage plans. pany, or account that is excluded from the the capacity rights to transport Central Sec. 403. Final prioritization of ANCSA se- definition of an investment company under Utah Project water under paragraph (1) un- lections. section 3(c)(14) of the Investment Company less— Sec. 404. Final prioritization of State selec- Act of 1940, other than any plan described in (A) the transport of the water is expressly tions. subparagraph (A), (B), (C), or (D)’.’’. authorized by the Central Utah Water Con- TITLE V—ALASKA LAND CLAIMS servancy District; HEARINGS AND APPEALS (B) the use of the water facility to trans- SA 3949. Ms. MURKOWSKI submitted port Central Utah Project water is expressly an amendment intended to be proposed Sec. 501. Alaska land claims hearings and authorized by the entity responsible for op- by her to the bill S. 1466, to facilitate appeals. eration and maintenance of the facility; and the transfer of land in the State of TITLE VI—REPORT AND AUTHORIZATION (C) carrying Central Utah Project water Alaska, and for other purposes; which OF APPROPRIATIONS through Provo River Project facilities would was referred to the Committee on En- Sec. 601. Report. not— ergy and Natural Resources; as follows: (i) materially impair the ability of the Sec. 602. Authorization of appropriations. Strike all after the enacting clause and in- Central Utah Water Conservancy District or SEC. 2. DEFINITIONS. the Secretary to meet existing express envi- sert the following: ronmental commitments for the Bonneville SECTION 1. SHORT TITLE; TABLE OF CONTENTS. In this Act: (1) NATIVE ALLOTMENT.—The term ‘‘Native Unit; or (a) SHORT TITLE.—This Act may be cited as (ii) require the release of additional Cen- the ‘‘Alaska Land Transfer Acceleration allotment’’ means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, tral Utah Project water to meet those envi- Act’’. chapter 2469). ronmental commitments. (b) TABLE OF CONTENTS.—The table of con- (2) SECRETARY.—The term ‘‘Secretary’’ (d) AUTHORIZED MODIFICATIONS.—The tents of this Act is as follows: Agreement may provide for— means the Secretary of the Interior. Sec. 1. Short title; table of contents. (3) STATE.—The term ‘‘State’’ means the (1) the modification of the 1936 Repayment Sec. 2. Definitions. Contract for the Deer Creek Division of the State of Alaska. TITLE I—STATE SELECTIONS AND Provo River Project to reflect the partial TITLE I—STATE SELECTIONS AND CONVEYANCES prepayment, the adjustment of the annual CONVEYANCES repayment amount, and the transfer of the Sec. 101. Community grant selections and Provo Reservoir Canal and the Pleasant conveyances. SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES. Grove Property; and Sec. 102. Prioritization of land to be con- (2) the modification or termination of the veyed. (a) IN GENERAL.—Section 6 of Public Law 1938 Repayment Contract for the Aqueduct Sec. 103. Selection of certain reversionary 85–508 (commonly known as the ‘‘Alaska Division of the Provo River Project to reflect interests held by the United Statehood Act’’) (72 Stat. 340) is amended by the complete payout and transfer of all fa- States. adding at the end the following: cilities of the Aqueduct Division. Sec. 104. Effect of hydroelectric with- ‘‘(n) The minimum tract selection size is (e) EFFECT OF ACT.—Nothing in this Act drawals. waived with respect to a selection made by impairs any contract (including subscription Sec. 105. Entitlement for the University of the State of Alaska under subsection (a) for contracts) in effect on the date of enactment Alaska. the following selections: October 1, 2004 CONGRESSIONAL RECORD — SENATE S10271

National Forest Com- (1) are deemed to be selected; and 102 of the Alaska National Interest Lands munity Grant Appli- Area Name Est. Acres (2) may, with the concurrence of the Sec- Conservation Act (16 U.S.C. 3102)); or cation Number retary or the head of the Federal agency (2) otherwise unavailable for conveyance with administrative jurisdiction over the under Public Law 85–508 (commonly known 209 Yakutat Air- 111 land, be conveyed under section 6 of Public as the ‘‘Alaska Statehood Act’’) (72 Stat. port Addi- Law 85–508 (commonly known as the ‘‘Alaska 339). tion. Statehood Act’’) (72 Stat. 340). 264 Bear Valley 120 (c) REQUIREMENT APPLICABLE TO NATIONAL (b) EFFECT ON ENTITLEMENT.—If, before the (Portage). FOREST SYSTEM LAND.—Any land described date of enactment of this Act, the entitle- 284 Hyder-Fish 61 in subsection (a) that is in a unit of the Na- ment of the State has not been charged with Creek. tional Forest System shall not be conveyed respect to a parcel for which a reversionary 310 Elfin Cove... 37 unless the Secretary of Agriculture approved interest is conveyed under subsection (a), the 384 Edna Bay 37 the State selection before January 3, 1994. total acreage of the parcel shall be charged Admin Site. against the remaining entitlement of the (d) REQUIREMENTS APPLICABLE TO HYDRO- 390 Point Hilda29.’’. State. ELECTRIC APPLICATIONS AND LICENSED (c) MINIMUM ACREAGE REQUIREMENT NOT PROJECTS.— (b) COMMUNITY GRANT SELECTIONS.—Sec- APPLICABLE.—The minimum acreage require- (1) HYDROELECTRIC APPLICATIONS.—Any se- tion 6 of Public Law 85–508 (commonly ment under subsections (a) and (b) of section lection of land described in subsection (a) known as the ‘‘Alaska Statehood Act’’) (72 6 of Public Law 85–508 (commonly known as that is included in a hydroelectric applica- Stat. 340) (as amended by subsection (a)) is the ‘‘Alaska Statehood Act’’) (72 Stat. 340) tion— amended by adding at the end the following: shall not apply to the selection of rever- (A) shall be subject to the jurisdiction of ‘‘(o)(1) The State of Alaska may elect to sionary interests under subsection (a). the Federal Energy Regulatory Commission; convert a selection filed under subsection (b) (d) STATE WAIVER.—On conveyance to the and to a selection under subsection (a) by noti- State of any reversionary interest selected (B) shall not be conveyed while the hydro- fying the Secretary of the Interior in writ- under subsection (a), the State shall be electric application is pending. ing. deemed to have waived all right to any fu- (2) LICENSED PROJECT.—Any selection of ‘‘(2) If the State of Alaska makes an elec- ture credit should the reversion not occur. land described in subsection (a) that is in- tion under paragraph (1), the entire selection (e) LIMITATION.—This section shall not cluded in a licensed project shall be subject shall be converted to a selection under sub- apply to— to— section (a). (1) reversionary interests in land acquired (A) the jurisdiction of the Federal Energy ‘‘(3) The Secretary of the Interior shall not by the United States through the use of Regulatory Commission; convey a total of more than 400,000 acres of amounts from the Exxon Valdez Oil Spill (B) the rights of third parties; and public domain land selected under subsection Trust Fund; or (C) the right of reentry under section 24 of (a) or converted under paragraph (1) to a (2) reversionary interests in any land con- the Federal Power Act (16 U.S.C. 818). public domain selection under subsection (a). veyed to the State as a result of the ‘‘Terms (e) EFFECT OF SECTION.—Nothing in this ‘‘(4) Conversion of a selection under para- and Conditions for Land Consolidation and section negates or diminishes any right of an graph (1) shall not increase the survey obli- Management in Cook Inlet Area’’ as ratified applicant to petition for restoration and gation of the United States with respect to by section 12 of Public Law 94–204 (43 U.S.C. opening of land withdrawn or classified for the land converted. 1611 note). ‘‘(p) All selection applications of the State power purposes under section 24 of the Fed- of Alaska that are on file with the Secretary SEC. 104. EFFECT OF HYDROELECTRIC WITH- eral Power Act (16 U.S.C. 818). DRAWALS. of the Interior under the public domain pro- SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF visions of subsection (a) on the date of enact- (a) LAND WITHDRAWN, RESERVED, OR CLAS- ALASKA. ment of this subsection and any selection ap- SIFIED FOR POWER SITE OR POWER PROJECT PURPOSES.—If the State has filed a future se- (a) IN GENERAL.—As of January 1, 2003, the plications that are converted to a subsection remaining State entitlement for the benefit (a) selection under subsection (o)(1) are ap- lection application under section 906(e) of the Alaska National Interest Lands Con- of the University of Alaska under the Act of proved as suitable for community or rec- January 21, 1929 (45 Stat. 1091, chapter 92), is reational purposes.’’. servation Act (43 U.S.C. 1635(e)) for land withdrawn, reserved, or classified for power 456 acres. SEC. 102. PRIORITIZATION OF LAND TO BE CON- (b) REVERSIONARY INTERESTS.—The Act of VEYED. site or power project purposes, notwith- January 21, 1929 (45 Stat. 1091, chapter 92), is Section 906(h)(2) of the Alaska National In- standing the withdrawal, reservation, or amended by adding at the end the following: terest Lands Conservation Act (43 U.S.C. classification for power site or power project 1635(h)(2)) is amended— purposes, the following parcels of land shall ‘‘SEC. 3. (a) The State of Alaska (referred (1) by striking ‘‘(2) As soon as practicable’’ be deemed to be vacant, unappropriated, and to in this Act as the ‘State’), acting on be- and inserting the following: unreserved within the meaning of Public half of, and with the approval of, the Univer- ‘‘(2)(A) As soon as practicable’’; Law 85–508 (commonly known as the ‘‘Alaska sity of Alaska, may select— (2) by striking ‘‘The sequence of’’ and in- Statehood Act’’) (72 Stat. 339): ‘‘(1) any mineral interest (including an in- serting the following: terest in oil or gas) in land located in the General Selec- State, the unreserved portion of which is ‘‘(B)(i) The sequence of’’; and Serial Number Area Name tion Application (3) by adding at the end the following: Number owned by the University of Alaska; or ‘‘(ii) In establishing the priorities for ten- ‘‘(2) any reversionary interest held by the tative approval under clause (i), the State AKAA 058747 Bradley GS 5141 United States in land located in the State, shall— Lake. the unreserved portion of which is owned by ‘‘(I) in the case of a selection under section AKAA 058848 Bradley GS 44 the University of Alaska. 6(a) of Public Law 85–508 (commonly known Lake. ‘‘(b) The total acreage of any parcel of land as the ‘Alaska Statehood Act’) (72 Stat. 340), AKAA 058266 Eagle River/ GS 1429 for which a partial interest is conveyed include all land selected; or Ship Creek/ under subsection (a) shall be charged against ‘‘(II) in the case of a selection under sec- Peters the remaining entitlement of the State tion 6(b) of that Act— Creek. under this Act. AKAA 058265 Eagle River/ GS 1209 ‘‘(aa) include at least 5,760 acres; or ‘‘(c) In taking title to a reversionary inter- ‘‘(bb) if a waiver has been granted under Ship Creek/ Peters est, the State, with the approval of the Uni- section 6(g) of that Act or less than 5,760 versity of Alaska, waives all right to any fu- acres of the entitlement remains, prioritize Creek. AKAA 058374 Salmon GS 327 ture acreage credit if the reversion does not the selection in such increments as are avail- occur. able for conveyance.’’. Creek. ‘‘SEC. 4. The Secretary may survey any va- SEC. 103. SELECTION OF CERTAIN REVER- AKF 031321 Nenana GS 2182 SIONARY INTERESTS HELD BY THE River. cant, unappropriated, and unreserved land in UNITED STATES. AKAA 059056 Solomon GS 86 the State for purposes of allowing selections (a) IN GENERAL.—All reversionary interests Gulch at under this Act. held by the United States in land owned by Valdez. ‘‘SEC. 5. The authorized outstanding selec- the State or any political subdivision of the AKFF 085798 Kruzgamepa GS 4096. tions under this Act shall be not more than— State and any Federal land leased by the River Pass ‘‘(1) 125 percent of the remaining entitle- State under the Act of August 23, 1950 (25 Creek. ment; plus U.S.C. 293b), or the Act of June 4, 1953 (25 ‘‘(2) the number of acres of land that are in U.S.C. 293a), that is prioritized for convey- (b) LIMITATION.—Subsection (a) does not conflict with land owned by the University ance by the State under section 906(h)(2) of apply to any land that is— of Alaska, as identified in Native allotment the Alaska National Interest Lands Con- (1) located within the boundaries of a con- applications on record with the Bureau of servation Act (43 U.S.C. 1635(h)(2))— servation system unit (as defined in section Land Management.’’. S10272 CONGRESSIONAL RECORD — SENATE October 1, 2004 SEC. 106. SETTLEMENT OF REMAINING ENTITLE- originally selected in 1978, which are more land within the period established under sub- MENT. particularly described as— paragraph (A); and (a) IN GENERAL.—The Secretary may enter (A) S1⁄2 sec. 14, T. 11 S., R. 11 W., of the Cop- (4) the State has voluntarily relinquished into a binding written agreement with the per River Meridian; any valid State selection or top-filing for the State with respect to— (B) S1⁄2 sec. 15, T. 11 S., R. 11 W., of the Cop- Federal land. (1) the exact number and location of acres per River Meridian; (b) CONGRESSIONAL ACTION.—Subsection (a) of land remaining to be conveyed under each (C) E1⁄2SE1⁄4 sec. 16, T. 11 S., R. 11 W., of the shall not apply to a parcel of Federal land if entitlement established or confirmed by Copper River Meridian; Congress has specifically made other provi- Public Law 85–508 (commonly known as the (D) E1⁄2, E1⁄2W1⁄2, SW1⁄4SW1⁄4 sec. 21, T. 11 S., sions for disposition of the parcel of Federal ‘‘Alaska Statehood Act’’) (72 Stat. 340), R. 11 W., of the Copper River Meridian; land. from— (E) N1⁄2, SW1⁄4, N1⁄2SE1⁄4 sec. 22, T. 11 S., R. SEC. 202. COMBINED ENTITLEMENTS. (A) the land selected by the State as of 11 W., of the Copper River Meridian; Section 12 of the Alaska Native Claims January 3, 1994; and (F) N1⁄2, SW1⁄4, N1⁄2SE1⁄4 sec. 23, T. 11 S., R. Settlement Act (43 U.S.C. 1611) is amended— (B) selections under the Act of January 21, 11 W., of the Copper River Meridian; (1) in the second sentence of subsection (b), 1929 (45 Stat. 1091, chapter 92); (G) NW1⁄4 sec. 27, T. 11 S., R. 11 W., of the by striking ‘‘Regional Corporation shall’’ (2) the priority in which the land is to be Copper River Meridian; and and inserting ‘‘Regional Corporation shall, conveyed; (H) N1⁄2N1⁄2, SE1⁄4NE1⁄4 sec. 28, T. 11 S., R. 11 not later than October 1, 2005,’’; and (3) the relinquishment of selections which W., of the Copper River Meridian; and (2) by adding at the end the following: are not to be conveyed; and (2) the following parcels of land are consid- ‘‘(f)(1) The entitlements received by any (4) the survey of the exterior boundaries of ered topfiled under section 906(e) of the Alas- Village Corporation under subsection (a) and the land to be conveyed. ka National Interest Lands Conservation Act the reallocations made to the Village Cor- (b) CONSULTATION.—Before entering into an (16 U.S.C. 1635(e)): poration under subsection (b) may be com- agreement under subsection (a), the Sec- (A) The parcels of land omitted from the bined, at the discretion of the Secretary, retary shall ensure that any concerns or State’s topfiling of the Utility and Transpor- without— issues identified by any Federal agency po- tation Corridor, and other parcels of land en- ‘‘(A) increasing or decreasing the combined tentially affected are given consideration. compassing the Trans-Alaskan Pipeline Sys- entitlement; or (c) ERRORS.—The State, by entering into tem, withdrawn by Public Land Order No. ‘‘(B) increasing the limitation on selec- an agreement under subsection (a), shall re- 5150 (except for any land within the bound- tions of Wildlife Refuge System land, Na- ceive any gain or bear any loss that results aries of a conservation system unit), which tional Forest System land, or State-selected from errors in prior surveys, protraction dia- are more particularly described as— land under subsection (a). ‘‘(2) The combined entitlement under para- grams, or the computation of the ownership (i) secs. 1–30, 32–36, T. 27 N., R. 11 W., of the graph (1) may be fulfilled from selections of third parties on any land conveyed under Fairbanks Meridian; an agreement entered into under subsection under subsection (a) or (b) without regard to (ii) secs. 10, 13-–18, 21–28, and 33–36, T. 20 N., the entitlement specified in the selection ap- (a). R. 13 W., of the Fairbanks Meridian; plication. (d) AVAILABILITY OF AGREEMENTS.—Agree- (iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., ‘‘(3) All selections under a combined enti- ments entered into under subsection (a) shall of the Fairbanks Meridian; tlement under paragraph (1) shall be adju- be available for public inspection in the ap- (iv) secs. 1–5, 8–17, and 20–28, T. 19 N., R. 13 dicated and conveyed in compliance with propriate offices of the Department of the In- W., of the Fairbanks Meridian; this Act. terior. (v) secs. 29–32, T. 20 N., R. 16 W., of the ‘‘(4) Except in a case in which a survey has (e) EFFECT.—Nothing in this section in- Fairbanks Meridian; been contracted for before the date of enact- creases the entitlement provided to the (vi) secs. 5–11, 14–23, and 25–36, T. 19 N., R. ment of this subsection, the combination of State under Public Law 85–508 (commonly 16 W., of the Fairbanks Meridian; entitlements under paragraph (1) shall not known as the ‘‘Alaska Statehood Act’’) (72 (vii) secs. 30 and 31, T. 19 N., R. 15 W., of require separate patents or surveys, to dis- Stat. 340), or the Act of January 21, 1929 (45 the Fairbanks Meridian; tinguish between conveyances made to a Vil- Stat. 1091, chapter 92). (viii) secs. 5 and 6, T. 18 N., R. 15 W., of the lage Corporation under subsections (a) and SEC. 107. EFFECT OF FEDERAL MINING CLAIMS. Fairbanks Meridian; (b).’’. (a) CONDITIONAL RELINQUISHMENTS.— (ix) secs. 1–2 and 7–34, T. 16 N., R. 14 W., of SEC. 203. AUTHORITY TO CONVEY BY WHOLE SEC- (1) IN GENERAL.—To facilitate the conver- the Fairbanks Meridian; and TION. sion of Federal mining claims to State min- (x) secs. 4–9, T. 15 N., R. 14 W., of the Fair- Section 14(d) of the Alaska Native Claims ing claims, a Federal mining claimant may banks Meridian. Settlement Act (43 U.S.C. 1613(d)) is amend- file with the Secretary a voluntary relin- (B) Secs. 1, 2, 11–14, T. 10 S., R. 42 W., of the ed— quishment of the Federal mining claim con- Seward Meridian. (1) by striking ‘‘(d) the Secretary’’ and in- ditioned on conveyance of the land to the TITLE II—ALASKA NATIVE CLAIMS serting the following: State. ‘‘(d)(1) The Secretary’’; and SETTLEMENT ACT (2) by adding at the end the following: (2) CONVEYANCE OF RELINQUISHED CLAIM.— SEC. 201. LAND AVAILABLE AFTER SELECTION ‘‘(2) For purposes of applying the rule of The Secretary may convey the land de- PERIOD. approximation under this section, the larg- scribed in the relinquished Federal mining (a) IN GENERAL.—To make certain Federal est legal subdivision that may be conveyed claim to the State. land available for conveyance to a Native in excess of the applicable acreage limitation (3) OBLIGATIONS UNDER FEDERAL LAW.— Corporation that has sufficient remaining specified in subsection (a) shall be— Until the date on which the land is conveyed entitlement, the Secretary may waive the ‘‘(A) in the case of land managed by the under paragraph (2), a Federal mining claim- filing deadlines under sections 12 and 16 of Bureau of Land Management that is not ant shall be subject to any obligations relat- the Alaska Native Claims Settlement Act (43 within a conservation system unit, the next ing to the land under Federal law. U.S.C. 1611, 1615) if— whole section; (4) NO RELINQUISHMENT.—If the land pre- (1) the Federal land is— ‘‘(B) in the case of land managed by an viously encumbered by the relinquished Fed- (A) located in a township in which all or agency other than the Bureau of Land Man- eral mining claim is not conveyed to the any part of a Native Village is located; or agement that is not within a conservation State under paragraph (2), the relinquish- (B) surrounded by— system unit, the next quarter-section and ment of land under paragraph (1) shall be of (i) land that is owned by the Native Cor- only with concurrence of the agency; or no effect. poration; or ‘‘(C) in the case of land within a conserva- (b) RIGHTS-OF-WAY; OTHER INTEREST.—On (ii) selected land that will be conveyed to tion system unit, a quarter of a quarter sec- conveyance to the State of a relinquished the Native Corporation; tion, and if the land is managed by an agen- Federal mining claim under this section, the (2) the Federal land— cy other than the Bureau of Land Manage- State shall assume authority over any (A) became available after the end of the ment, only with the concurrence of that leases, licenses, permits, rights-of-way, oper- original selection period; agency. ating plans, other land use authorizations, or (B)(i) was not selected by the Native Cor- ‘‘(3)(A) If the Secretary determines pursu- reclamation obligations applicable to the re- poration because the Federal land was sub- ant to paragraph (2) that an entitlement of a linquished Federal mining claim on the date ject to a competing claim or entry; and Village Corporation (other than a Village of conveyance. (ii) the competing claim or entry has Corporation listed in section 16(a)) or a Re- SEC. 108. LAND MISTAKENLY RELINQUISHED OR lapsed; or gional Corporation may be fulfilled by con- OMITTED. (C) was previously an unavailable Federal veying a specific tract of surveyed or Notwithstanding the selection deadlines enclave within a Native selection withdrawal unsurveyed land, the Secretary and the af- under section 6(a) of Public Law 85–508 (com- area; fected Village or Regional Corporation may monly known as the ‘‘Alaska Statehood (3)(A) the Secretary provides the Native enter into an agreement providing that all Act’’) (72 Stat. 340)— Corporation with a specific time period in land entitlements under this Act shall be (1) the State selection application AA–17607 which to decline the Federal land; and deemed satisfied by conveyance of the spe- NFCG 75, located in the Chugach National (B) the Native Corporation does not submit cifically identified and agreed upon tract of Forest, is reinstated to the parcels of land to the Secretary written notice declining the land. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10273 ‘‘(B) An agreement entered into under sub- gional Corporation that has filed an applica- land laws consistent with the protection of paragraph (A) shall be— tion for a historic place submits to the Sec- the public interest in these lands. ‘‘(i) in writing; retary a statement on the significance of and SEC. 208. AUTOMATIC SEGREGATION OF LAND ‘‘(ii) executed by the Secretary and the the location of the historic place— FOR UNDERSELECTED VILLAGE Village or Regional Corporation; and ‘‘(i) the application shall not be valid; and CORPORATIONS. ‘‘(iii) authorized by a corporate resolution ‘‘(ii) the Secretary shall reject the applica- Section 22(j) of the Alaska Native Claims adopted by the affected Village or Regional tion. Settlement Act (43 U.S.C. 1621(j)) is amended Corporation. ‘‘(G) The State and the head of the Federal by adding at the end the following: ‘‘(C) After execution of an agreement under agency with administrative jurisdiction over ‘‘(3) In lieu of withdrawal under paragraph subparagraph (A) and conveyance of the the land shall have 30 days to provide writ- (2), land may be segregated from all other agreed upon tract to the affected Village or ten comments to the Secretary— forms of appropriation for the purposes de- Regional Corporation— ‘‘(i) identifying any third party interest to scribed in that paragraph if— ‘‘(i) the Secretary shall not make any fur- which a conveyance under subparagraph (A) ‘‘(A) the Secretary and the Village Cor- ther adjustments to calculations relating to should be made subject; and poration enter into an agreement identifying acreage entitlements of the Village or Re- ‘‘(ii) describing any easements rec- the land for selection; and gional Corporation; and ommended for reservation.’’. ‘‘(B) the Village Corporation files an appli- ‘‘(ii) the Village or Regional Corporation cation for selection of the land.’’. SEC. 205. ALLOCATIONS BASED ON POPULATION. shall not be entitled to any further convey- Section 14(h)(8) of the Alaska Native SEC. 209. SETTLEMENT OF REMAINING ENTITLE- MENT. ances under this Act. Claims Settlement Act (43 U.S.C. 1613(h)(8)) ‘‘(D) A Village or Regional Corporation (a) IN GENERAL.—The Secretary may enter is amended by adding at the end the fol- shall not be eligible to receive land under into a written agreement with a Native Cor- subparagraph (A) if the Village or Regional lowing: poration relating to— Corporation has received the full land enti- ‘‘(C)(i) Notwithstanding any other provi- (1) the land remaining to be conveyed to tlement of the Village or Regional Corpora- sion of this subsection, as soon as prac- the Native Corporation under the Alaska Na- tion through— ticable after enactment of this subpara- tive Claims Settlement Act (43 U.S.C. 1601 et ‘‘(i) an actual conveyance of land; or graph, the Secretary shall allocate to a Re- seq.) from land selected as of September 1, ‘‘(ii) a previous agreement. gional Corporation eligible for an allocation 2004, or land made available under section ‘‘(E) If the calculations of the Secretary in- under subparagraph (A) the Regional Cor- 201, 206, or 208 of this Act; dicate that the final survey boundaries for poration’s share of 200,000 acres from lands (2) the priority in which the land is to be any Village or Regional Corporation entitle- withdrawn under this subsection, to be cred- conveyed; ment for which an agreement has not been ited against acreage to be allocated to the (3) the relinquishment of selections which entered into under this paragraph include Regional Corporation under subparagraph are not to be conveyed; acreage in a quantity that exceeds the statu- (A). (4) the selection entitlement to which se- tory entitlement of the corporation by 1⁄10 of ‘‘(ii) Clause (i) shall apply to Chugach lections are to be charged, regardless of the 1 percent or less, but not more than the ap- Alaska Corporation pursuant to the terms of entitlement under which originally selected; plicable acreage limitation specified in para- the 1982 CNI Settlement Agreement. (5) the survey of the exterior boundaries of graph (2)— ‘‘(iii) With respect to Cook Inlet Region, the land to be conveyed; ‘‘(i) the entitlement shall be considered Inc., or Koniag, Inc.— (6) the additional survey to be performed satisfied by the conveyance of the surveyed ‘‘(I) clause (i) shall not apply; and under section 14(c) of the Alaska Native area; and ‘‘(II) the portion of the 200,000 acres allo- Claims Settlement Act (43 U.S.C. 1613(c)); ‘‘(ii) the Secretary shall not change the cated to Cook Inlet Region Inc. or Koniag, and survey for the sole purpose of an acreage ad- Inc., shall be retained by the United States. (7) the resolution of conflicts with Native justment. ‘‘(iv) This subparagraph shall not affect allotment applications. ‘‘(F) This paragraph does not limit or oth- any prior agreement entered into by a Re- (b) REQUIREMENTS.—An agreement under erwise affect the ability of a Village or Re- gional Corporation other than the agree- subsection (a)— gional Corporation to enter into land ex- ments specifically referred to in this sub- (1) shall be authorized by a resolution of changes with the United States.’’. paragraph.’’. the Native Corporation entering into the SEC. 204. CONVEYANCE OF CEMETERY SITES AND SEC. 206. AUTHORITY TO WITHDRAW LAND. agreement; and HISTORICAL PLACES. Section 14(h)(10) of the Alaska Native (2) shall include a statement that the enti- Section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(10)) tlement of the Native Corporation shall be Claims Settlement Act (43 U.S.C. 1613(h)(1)) is amended— considered complete on execution of the is amended— (1) by striking ‘‘(10) Notwithstanding’’ and agreement. (1) by striking ‘‘(1) The Secretary’’ and in- inserting the following: (c) CORRECTION OF CONVEYANCE DOCU- serting the following: ‘‘(10)(A) Notwithstanding’’; and MENTS.—In an agreement under subsection ‘‘(1)(A) The Secretary’’; (2) by adding at the end the following: (a), the Secretary and the Native Corpora- (2) by striking ‘‘Only title’’ and inserting ‘‘(B) If a Regional Corporation does not tion may agree to make technical correc- the following: have enough valid selections on file to fulfill tions to the legal description in the convey- ‘‘(B) Only title’’; and the remaining entitlement of the Regional ance documents for easements previously re- (3) by adding at the end the following: served so that the easements provide the ac- ‘‘(C)(i) Notwithstanding acreage alloca- Corporation under paragraph (8), the Sec- retary may use the withdrawal authority cess intended by the original reservation. tions made before the date of enactment of (d) CONSULTATION.—Before entering into an under subparagraph (A) to withdraw land this subparagraph, the Secretary may con- agreement under subsection (a), the Sec- that is vacant, unappropriated, and unre- vey any cemetery site or historical place— retary shall ensure that the concerns or served on the date of enactment of this sub- ‘‘(I) with respect to which there is an appli- issues identified by the State and all Federal paragraph for selection by, and conveyance cation on record with the Secretary on the agencies potentially affected by the agree- date of enactment of this paragraph; and to, the Regional Corporation to fulfill the ment are given consideration. ‘‘(II) that is eligible for conveyance. entitlement.’’. (e) ERRORS.—Any Native Corporation en- ‘‘(ii) Clause (i) shall also apply to any of SEC. 207. REPORT ON WITHDRAWALS. tering into an agreement under subsection the 188 closed applications that are deter- Not later than 18 months after the date of (a) shall receive any gain or bear any loss re- mined to be eligible and reinstated under enactment of this Act, the Secretary shall— sulting from errors in prior surveys, protrac- Secretarial Order No. 3220 dated January 5, (1) review the withdrawals made pursuant tion diagrams, or computation of the owner- 2001. to section 17(d)(1) of the Alaska Native ship of third parties on any land conveyed. ‘‘(D) No applications submitted for the Claims Settlement Act (43 U.S.C. 1616(d)(1)) (f) EFFECT.— conveyance of land under subparagraph (A) to determine if any portion of the lands (1) IN GENERAL.—An agreement under sub- that were closed before the date of enact- withdrawn pursuant to that provision can be section (a) shall not— ment of this paragraph may be reinstated opened to appropriation under the public (A) affect the obligations of Native Cor- other than those specified in subparagraph land laws or if their withdrawal is still need- porations under prior agreements; or (C)(ii). ed to protect the public interest in those (B) result in a Native Corporation relin- ‘‘(E) After the date of enactment of this lands; quishing valid selections of land in order to paragraph— (2) provide an opportunity for public notice qualify for the withdrawal of other tracts of ‘‘(i) no application may be filed for the and comment, including recommendations land. conveyance of land under subparagraph (A); with regard to lands to be reviewed under (2) EFFECT ON SUBSURFACE RIGHTS.—The and paragraph (1); and terms of an agreement entered into under ‘‘(ii) no pending application may be amend- (3) submit to the Committee on Energy and subsection (a) shall be binding on a Regional ed, except as necessary to conform the appli- Natural Resources of the Senate and the Corporation with respect to the location and cation to the description in the certification Committee on Resources of the House of quantity of subsurface rights of the Regional of eligibility of the Bureau of Indian Affairs. Representatives a report that identifies any Corporation under section 14(f) of the Alaska ‘‘(F) Unless, not later than 1 year after the portion of the lands so withdrawn that can Native Claims Settlement Act (43 U.S.C. date of enactment of this paragraph, a Re- be opened to appropriation under the public 1613(f)). S10274 CONGRESSIONAL RECORD — SENATE October 1, 2004

(3) EFFECT ON ENTITLEMENT.—Nothing in the Native Corporation in the allotment SEC. 304. COMPENSATORY ACREAGE. this section increases the entitlement pro- claim of a deceased applicant, the United (a) IN GENERAL.—The Secretary shall ad- vided to any Native Corporation under— States may accept the deed and issue the just the acreage entitlement computation (A) the Alaska Native Claims Settlement certificate of allotment without waiting for records for the State or an affected Native Act (43 U.S.C. 1601 et seq.); or a determination of heirs or the approval of a Corporation to account for any difference in (B) the Alaska National Interest Lands will. the amount of acreage between the corrected Conservation Act (16 U.S.C. 3101 et seq.). (d) NO LIABILITY.—The United States shall description and the previous description in (g) BOUNDARIES OF A NATIVE VILLAGE.—An not be subject to liability under Federal or any conveyance document as a result of ac- agreement entered into under subsection (a) State law for the presence of any hazardous tions taken under section 18(d) of the Alaska may not define the boundaries of a Native substance in land or an interest in land sole- Native Claims Settlement Act (as added by Village. ly as a result of any reconveyance to, and section 301) or section 18(e) of the Alaska Na- (h) AVAILABILITY OF AGREEMENTS.—An transfer by, the United States of land or in- tive Claims Settlement Act (as added by sec- agreement entered into under subsection (a) terests in land under this section. tion 303), or for other voluntary reconvey- shall be available for public inspection in the ances to the United States for the purpose of SEC. 303. NATIVE ALLOTMENT REVISIONS ON facilitating land transfers in the State. appropriate offices of the Department of the LAND SELECTED BY OR CONVEYED Interior. (b) LIMITATION.—No adjustment to the TO A NATIVE CORPORATION. acreage conveyance computations shall be TITLE III—NATIVE ALLOTMENTS Section 18 of the Alaska Native Claims made where the State or an affected Native SEC. 301. CORRECTION OF CONVEYANCE DOCU- Settlement Act (43 U.S.C. 1617) (as amended Corporation retains a partial estate in the MENTS. by section 301) is amended by adding at the described allotment land. Section 18 of the Alaska Native Claims end the following: (c) AVAILABILITY OF ADDITIONAL LAND.—If, Settlement Act (43 U.S.C. 1617) is amended ‘‘(e)(1) An allotment applicant who had an as a result of implementation under section by adding at the end the following: application pending before the Department 18(d) of the Alaska Native Claims Settlement ‘‘(d)(1) If an allotment application is valid of the Interior on December 18, 1971, and Act (as added by section 301) or any vol- or would have been approved under section whose application is still open on the records untary reconveyance to facilitate a land 905 of the Alaska National Interests Lands of the Department of the Interior as of the transfer, a Village Corporation has insuffi- Conservation Act (43 U.S.C. 1634) had the date of enactment of this subsection may re- cient remaining selections from which to re- land described in the application been in vise the land description in the application ceive its full entitlement under the Alaska Federal ownership on December 2, 1980, the to describe land other than the land that the Native Claims Settlement Act, the Secretary Secretary may correct a conveyance to a Na- applicant originally intended to claim if— may use the authority and procedures avail- tive Corporation or to the State that in- ‘‘(A) the application— able under paragraph (3) of section 22(j) of cludes land described in the allotment appli- ‘‘(i) describes land selected by or conveyed the Alaska Native Claims Settlement Act (43 cation to exclude the described allotment by interim conveyance or patent to a Native U.S.C. 1621(j)) (as added by section 208) to land with the written concurrence of the Na- Corporation formed to receive benefits under make additional land available for selection tive Corporation or the State. this Act; or by the Village Corporation. ‘‘(2) A written concurrence shall— ‘‘(ii) otherwise conflicts with an interest in SEC. 305. REINSTATEMENTS AND RECONSTRUC- ‘‘(A) include a finding that the land de- land granted to a Native Corporation by the TIONS. scription proposed by the Secretary is ac- United States; (a) IN GENERAL.—Section 18 of the Alaska ceptable; and ‘‘(B) the revised land description describes Native Claims Settlement Act (43 U.S.C. ‘‘(B) attest that the Native Corporation or land selected by or conveyed by interim con- 1617) (as amended by section 303) is amended the State has not— veyance or patent to a Native Corporation of by adding at the end the following: ‘‘(i) granted any third party rights or approximately equal acreage in substitution ‘‘(f)(1) If an applicant for a Native allot- taken any other action that would affect the for the land described in the original applica- ment filed under the Act of May 17, 1906 (34 ability of the United States to convey full tion; Stat. 197, chapter 2469) petitions the Sec- title under the Act of May 17, 1906 (34 Stat. ‘‘(C) the Director of the Bureau of Land retary to reinstate a previously closed Na- 197, chapter 2469); and; Management has not adopted a final plan of tive allotment application or to accept a re- ‘‘(ii) stored or allowed the deposit of haz- survey for the final entitlement of the Na- constructed copy of an application claimed ardous waste on the land. tive Corporation or its successor in interest; to have been timely filed with an agency of ‘‘(3) On receipt of an acceptable written and the Department of the Interior, the United concurrence, the Secretary, shall— States— ‘‘(D) the Native Corporation that selected ‘‘(A) issue a corrected conveyance docu- ‘‘(A) may seek voluntary reconveyance of the land or its successor in interest provides ment to the State or Native Corporation, as any land described in the application that is a corporate resolution authorizing reconvey- appropriate; and reinstated or reconstructed after the date of ance or relinquishment to the United States ‘‘(B) issue a certificate of allotment to the enactment of this subsection; but of the land, or interest in land, described in allotment applicant. ‘‘(B) shall not file an action in any court to the revised application. ‘‘(4) No documents of reconveyance from recover title from a current landowner. the State or an Alaska Native Corporation ‘‘(2) The land description in an allotment ‘‘(2) A certificate of allotment that is or evidence of title, other than the written application may not be relocated under this issued for any allotment application for concurrence and attestation described in section unless the Secretary has deter- which a request for reinstatement or recon- paragraph (2), are necessary to use the proce- mined— struction is received or accepted after the dures authorized by this subsection.’’. ‘‘(A) that the allotment application is date of enactment of this subsection shall be valid or would have been approved under sec- SEC. 302. TITLE RECOVERY OF NATIVE ALLOT- made subject to any Federal appropriation, MENTS. tion 905 of the Alaska National Interest trail, right-of-way, easement, or existing (a) IN GENERAL.—In lieu of the process for Lands Conservation Act (43 U.S.C. 1634) had third party interest of record, including the correction of conveyance documents the land in the allotment application been in third party interests created by the State, available under subsection (d) of section 18 of Federal ownership on December 2, 1980; without regard to the date on which the Na- the Alaska Native Claims Settlement Act (as ‘‘(B) in consultation with the admin- tive allotment applicant initiated use and added by section 301), any Native Corpora- istering agency, that the proposed revision occupancy.’’. tion may elect to reconvey all of the land en- would not create an isolated inholding with- SEC. 306. AMENDMENTS TO SECTION 41 OF THE compassed by an allotment claim or a por- in a conservation system unit (as defined in ALASKA NATIVE CLAIMS SETTLE- tion of the allotment claim agreeable to the section 102 of the Alaska National Interest MENT ACT. applicant in satisfaction of the entire claim Lands Conservation Act (16 U.S.C. 3102)); and Section 41(b) of the Alaska Native Claims by tendering a valid and appropriate deed to ‘‘(C) that the proposed revision will facili- Settlement Act (43 U.S.C. 1629g(b)) is amend- the United States. tate completion of a land transfer in the ed— (b) CERTIFICATE OF ALLOTMENT.—If the State. (1) in paragraph (1)(A), by inserting before United States determines that the allotment ‘‘(3)(A) On obtaining title evidence accept- the semicolon at the end the following: ‘‘(ex- is valid or would have been approved under able under Department of Justice title cept that the term ‘nonmineral’, as used in section 905 of the Alaska National Interests standards and acceptance of a reconveyance that Act, shall for the purpose of this sub- Lands Conservation Act (42 U.S.C. 1634) had or relinquishment from a Native Corporation section be defined as provided in section the land described in the allotment applica- under paragraph (1), the Secretary shall 905(a)(3) of the Alaska National Interests tion been in Federal ownership on December issue a Native allotment certificate to the Lands Conservation Act (42 U.S.C. 1634(a)(3)), 2, 1980, and obtains title evidence acceptable applicant for the land reconveyed or relin- except that such definition shall not apply to under the Department of Justice title stand- quished by the Native Corporation. land within a conservation system unit)’’; ards, the United States shall accept the deed ‘‘(B) Any allotment revised under this sec- and from the Native Corporation and issue a cer- tion shall, when allotted, be made subject to (2) in paragraph (2)— tificate of allotment to the allotment appli- any easement, trail, right-of-way, or any (A) by redesignating subparagraphs (A), cant. third-party interest (other than a fee inter- (B), and (C) as clauses (i), (ii), and (iii), re- (c) PROBATE NOT REQUIRED.—If the Native est) in existence on the revised allotment spectively, and indenting the clauses appro- Corporation reconveys the entire interest of land on the date of revision.’’. priately; October 1, 2004 CONGRESSIONAL RECORD — SENATE S10275 (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; pears to be a technical error in the prior- (ii) seek to notify in writing the last (C) in clause (ii) (as redesignated by sub- ities, the Native Corporation may correct known shareholders of the lapsed or dis- paragraph (A)), by inserting after ‘‘Depart- the technical error in accordance with any solved corporation. ment of Veterans Affairs’’ the following: ‘‘or recommendations of, and in a manner pre- (C) If a Native Corporation does not file based on other evidence acceptable to the scribed by or acceptable to, the Secretary. priorities with the Secretary before the Secretary’’; and (d) RELINQUISHMENT.— deadline set pursuant to subparagraph (A), (D) by adding at the end the following: (1) IN GENERAL.—As of the date on which the Secretary shall notify Congress. ‘‘(B)(i) If the Secretary requests that the the Native Corporation submits its final pri- (2) If a Native Corporation with final prior- Secretary of Veterans Affairs make a deter- orities under subsection (a)— ities on file with the Bureau of Land Man- mination whether a veteran died as a direct (A) any unprioritized, remaining selections agement is lapsed or dissolved, the United consequence of a wound received in action, of the Native Corporation— States— the Secretary of Veterans Affairs shall, with- (i) are relinquished, but any part of the se- (A) shall continue to administer the in 60 days of receipt of the request— lections may be reinstated for the purpose of prioritized selected land under applicable ‘‘(I) provide a determination to the Sec- correcting a technical error; and law; but retary if the records of the Department of (ii) have no further segregative effect; and (B) may reject any selections not needed to Veterans Affairs contain sufficient informa- (B) all withdrawals under sections 11 and 16 fulfill the lapsed or dissolved Native Cor- tion to support such a determination; or of the Alaska Native Claims Settlement Act poration’s entitlement. (43 U.S.C. 1610, 1615) under the relinquished ‘‘(II) notify the Secretary that the records SEC. 404. FINAL PRIORITIZATION OF STATE SE- of the Department of Veterans Affairs do not selections are terminated. LECTIONS. contain sufficient information to support a (2) RECORDS.—All relinquishments under (a) FILING OF FINAL PRIORITIES.— determination and that further investigation paragraph (1) shall be included in Bureau of (1) IN GENERAL.—The State shall, not later will be necessary. Land Management land records. than the date that is 4 years after the date (e) FAILURE TO SUBMIT PRIORITIES.—If a ‘‘(ii) Not later than 1 year after notifica- of enactment of this Act, in accordance with Native Corporation fails to submit priorities tion to the Secretary that further investiga- section 906(f)(1) of the Alaska National Inter- by the deadline specified in subsection (a)— tion is necessary, the Department of Vet- est Lands Conservation Act (43 U.S.C. (1) with respect to a Native Corporation erans Affairs shall complete the investiga- 1635(f)(1)), file final priorities with the Sec- that has priorities on file with the Sec- tion and provide a determination to the Sec- retary for all land grant entitlements to the retary, the Secretary— retary.’’. State which remain unsatisfied on the date (A) shall convey to the Native Corporation of the filing. TITLE IV—FINAL PRIORITIES; the remaining entitlement of the Native Cor- (2) RANKING.—All selection applications on CONVEYANCE AND SURVEY PLANS poration, as determined based on the most file with the Secretary on the date specified SEC. 401. DEADLINE FOR ESTABLISHMENT OF RE- recent priorities of the Native Corporation in paragraph (1) shall— GIONAL PLANS. on file with the Secretary and in accordance (A) be ranked on a Statewide basis in order (a) IN GENERAL.—Not later than 18 months with the Alaska Native Claims Settlement of priority; and after the date of enactment of this Act, the Act (43 U.S.C. 1601 et seq.); and (B) include an estimate of the acreage in- Secretary, in coordination and consultation (B) may reject any selections not needed to cluded in each selection. with Native Corporations, other Federal land fulfill the entitlement; or (3) INCLUSIONS.—The State shall include in management agencies, and the State, shall (2) with respect to a Native Corporation the prioritized list land which has been top- update and revise the 12 preliminary Re- that does not have priorities on file with the filed under section 906(e) of the Alaska Na- gional Conveyance and Survey Plans. Secretary, the Secretary shall satisfy the en- tional Interest Lands Conservation Act (43 (b) INCLUSIONS.—The updated and revised titlement by conveying land selected by the U.S.C. 1635(e)). plans under subsection (a) shall identify any Secretary, in consultation with the appro- (4) ACREAGE LIMITATION.— conflicts to be resolved and recommend any priate Native Corporation, the Federal land (A) IN GENERAL.—Acreage for top-filings actions that should be taken to facilitate the managing agency with administrative juris- shall not be counted against the 125 percent finalization of land conveyances in a region diction over the land to be conveyed, and the limitation established under section 906(f)(1) by 2009. State, that, to the maximum extent prac- of the Alaska National Interest Lands Con- SEC. 402. DEADLINE FOR ESTABLISHMENT OF ticable, is— servation Act (43 U.S.C. 1635(f)(1)). VILLAGE PLANS. (A) compact; (B) RELINQUISHMENT.— Not later than 30 months after the date of (B) contiguous to land previously conveyed (i) IN GENERAL.—The State shall relinquish enactment of this Act, the Secretary, in co- to the Native Corporation; and any selections that exceed the 125 percent ordination with affected Federal land man- (C) consistent with the applicable prelimi- limitation. agement agencies, the State, and Village nary Regional Conveyance and Survey Plan (ii) FAILURE TO RELINQUISH.—If the State Corporations, shall complete a final closure referred to in section 401. plan with respect to the entitlements for (f) PLAN OF CONVEYANCE.— fails to relinquish a selection under clause each Village Corporation under the Alaska (1) IN GENERAL.—The Secretary shall— (i), the Secretary shall reject the selection. Native Claims Settlement Act (43 U.S.C. 1601 (A) identify any Native Corporation that (5) LOWER-PRIORITY SELECTIONS.—Notwith- et seq.). does not have sufficient priorities on file; standing the prioritization of selection appli- cations under paragraph (1), if the Secretary SEC. 403. FINAL PRIORITIZATION OF ANCSA SE- (B) develop priorities for the Native Cor- LECTIONS. poration in accordance with subsection (e); reserves sufficient entitlements for the top- (a) IN GENERAL.—Any Native Corporation and filed selections, the Secretary may continue that has not received its full entitlement or (C) provide to the Native Corporation a to convey lower-priority selections. entered into a voluntary, negotiated settle- plan of conveyance based on the priorities (b) DEADLINE FOR PRIORITIZATION.— ment of final entitlement shall submit the developed under subparagraph (B). (1) IN GENERAL.—The State shall irrev- ocably prioritize sufficient selections to final, irrevocable priorities of the Native (2) FINALIZED SELECTIONS.—Not later than Corporation— 180 days after the date on which the Sec- allow the Secretary to complete transfer of (1) in the case of a Village, Group, or Urban retary provides a plan of conveyance to the 101,000,000 acres by September 30, 2009. Corporation entitlement, not later than 36 affected Village, Group, or Urban Corpora- (2) REPRIORITIZATION.—Any selections re- months after the date of enactment of this tion and the Regional Corporation, the Re- maining after September 30, 2009, may be Act; and gional Corporation shall finalize any Re- reprioritized. (c) FINANCIAL ASSISTANCE.—The Secretary (2) in the case of a Regional Corporation gional selections that are in conflict with may, using amounts made available to carry entitlement, not later than 42 months after land selected by the Village, Group, or Urban out this Act, provide financial assistance to the date of enactment of this Act. Corporation that has not been prioritized by other Federal agencies, the State, and Na- (b) ACREAGE LIMITATIONS.—The priorities the deadline under subsection (a)(1). tive Corporations and entities to assist in submitted under subsection (a) shall not ex- (g) DISSOLVED OR LAPSED CORPORATIONS.— ceed land that is the greater of— (1)(A) If a Native Corporation is lapsed or completing the transfer of land by Sep- (1) not more than 125 percent of the re- dissolved at the time final priorities are re- tember 30, 2009. maining entitlement; or quired to be filed under this section and does TITLE V—ALASKA LAND CLAIMS (2) not more than 640 acres in excess of the not have priorities on file with the Sec- HEARINGS AND APPEALS remaining entitlement. retary, the Secretary shall establish a dead- SEC. 501. ALASKA LAND CLAIMS HEARINGS AND (c) CORRECTIONS.— line for the filing of priorities that shall be APPEALS. (1) IN GENERAL.—Except as provided in one year from the provisions of notice of the (a) ESTABLISHMENT.—The Secretary may paragraph (2), the priorities submitted under deadline. establish a field office of the Office of Hear- subsection (a) may not be revoked, re- (B) To fulfill the notice requirement under ings and Appeals in the State to decide mat- scinded, or modified by the Native Corpora- paragraph (1), the Secretary shall— ters within the jurisdiction of the Depart- tion. (i) publish notice of deadline to a lapsed or ment of the Interior involving hearings and (2) TECHNICAL CORRECTIONS.—Not later dissolved Native Corporation in a newspaper appeals, and other review functions of the than 90 days after the date of receipt of a no- of general circulation nearest the locality Secretary regarding land transfer decisions tification by the Secretary that there ap- where the affected land is located; and and Indian probates in the State. S10276 CONGRESSIONAL RECORD — SENATE October 1, 2004 (b) APPOINTMENTS.—For purposes of car- APPOINTMENT Mr. FRIST. I ask unanimous consent rying out subsection (a), the Secretary shall The PRESIDING OFFICER. The the bills be read a third time and appoint administrative law judges selected passed, the motions to reconsider be Chair, on behalf of the Majority Lead- in accordance with section 3105 of title 5, laid upon the table and any statements er, pursuant to Public Law 108–173, ap- United States Code (commonly known as the regarding this matter be printed in the ‘‘Administrative Procedure Act’’). points the following individuals to the RECORD. Commission on Systemic Interoper- TITLE VI—REPORT AND AUTHORIZATION The PRESIDING OFFICER. Without ability: Vicky B. Gregg of Tennessee OF APPROPRIATIONS objection, it is so ordered. SEC. 601. REPORT. and Ivan G. Seidenberg of New York. The bills (S. 2882 and S. 2883) were (a) IN GENERAL.—Not later than 3 years f read the third time and passed, as fol- after the date of enactment of this Act, the lows: Secretary shall submit to Congress a report EXECUTIVE SESSION S. 2882 on the status of the implementation of this Act. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in (b) CONTENTS.—The report shall— NOMINATION OF ALAN GREEN- (1) describe the status of conveyances to Congress assembled, Alaska Natives, Native Corporations, and SPAN TO BE UNITED STATES AL- SECTION 1. VOLUNTEER GROUP ACCESS TO the State; and TERNATE GOVERNOR OF THE CRIMINAL BACKGROUND CHECKS PROGRAM. (2) include recommendations for com- INTERNATIONAL MONETARY Section 108(a)(3)(A) of the PROTECT Act pleting the conveyances required by this FUND (Public Law 108–21) is amended by striking Act. Mr. FRIST. As in executive session, I ‘‘an 18-month’’ and inserting ‘‘a’’. SEC. 602. AUTHORIZATION OF APPROPRIATIONS. ask unanimous consent that the For- S. 2883 There are authorized to be appropriated eign Relations Committee be dis- such sums as are necessary to carry out the Be it enacted by the Senate and House of Rep- charged from further consideration of resentatives of the United States of America in purposes of this Act. the following nomination: Alan Green- Congress assembled, f span, PN–1841. I further ask unanimous SECTION 1. SHORT TITLE. consent the Senate proceed to its con- This Act may be cited as the ‘‘Prevention PRIVILEGES OF THE FLOOR sideration, the nomination be con- of Child Abduction Partnership Act’’. Mr. ALLARD. Mr. President, I ask firmed, the motion to reconsider be SEC. 2. LIMITATION ON LIABILITY. unanimous consent that Rob Brown, a laid upon the table, the President be Section 7 of the International Child Abduc- legislative fellow in my office, be immediately notified of the Senate’s tion Remedies Act (42 U.S.C. 11606) is amend- ed by adding at the end the following new granted the privileges of the floor dur- action, and the Senate resume legisla- subsection: ing the consideration of S. 2845. tive session. ‘‘(f) LIMITED LIABILITY OF PRIVATE ENTI- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without TIES ACTING UNDER THE DIRECTION OF THE objection, it is so ordered. objection, it is so ordered. UNITED STATES CENTRAL AUTHORITY.— Mr. LIEBERMAN. Mr. President, I The nomination considered and con- ‘‘(1) LIMITATION ON LIABILITY.—Except as ask unanimous consent, that Chris- provided in paragraphs (2) and (3), a private firmed is as follows: entity or organization that receives a grant topher Alexander, a fellow in Senator INTERNATIONAL MONETARY FUND from or enters into a contract or agreement KENNEDY’s office, be granted the privi- Alan Greenspan, of New York, to be United with the United States Central Authority lege of the floor during consideration States Alternate Governor of the Inter- under subsection (e) of this section for pur- of S. 2845. national Monetary Fund. poses of assisting the United States Central Authority in carrying out its responsibilities The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. and functions under the Convention and this President will be immediately notified Act, including any director, officer, em- f of the Senate’s action. ployee, or agent of such entity or organiza- tion, shall not be liable in any civil action MEASURES PLACED ON THE f sounding in tort for damages directly related CALENDAR—H.R. 4596 AND H.R. 4606 to the performance of such responsibilities LEGISLATIVE SESSION and functions as defined by the regulations Mr. FRIST. I understand that there issued under subsection (c) of this section are two bills at the desk and due for a that are in effect on October 1, 2004. second reading. I ask unanimous con- MAKING NATIONAL CRIMINAL HIS- ‘‘(2) EXCEPTION FOR INTENTIONAL, RECK- sent that the clerk read the titles of TORY BACKGROUND CHECKS FOR LESS, OR OTHER MISCONDUCT.—The limitation the bills for a second time, en bloc. VOLUNTEERS PERMANENT on liability under paragraph (1) shall not apply in any action in which the plaintiff The PRESIDING OFFICER. Without proves that the private entity, organization, objection, it is so ordered. officer, employee, or agent described in para- The clerk will read the bills by title, PREVENTION OF CHILD graph (1), as the case may be, engaged in in- en bloc. ABDUCTION PARTNERSHIP ACT tentional misconduct or acted, or failed to The legislative clerk read as follows: act, with actual malice, with reckless dis- Mr. FRIST. I ask unanimous consent regard to a substantial risk of causing injury A bill (H.R. 4596) to amend Public Law 97– the Senate proceed to the immediate without legal justification, or for a purpose 435 to extend the authorization for the Sec- consideration of S. 2882 and S. 2883, en unrelated to the performance of responsibil- retary of the Interior to release certain con- bloc. ities or functions under this Act. ditions contained in a patent concerning cer- ‘‘(3) EXCEPTION FOR ORDINARY BUSINESS AC- tain land conveyed by the United States to The PRESIDING OFFICER. The clerk will state the bills by title, en TIVITIES.—The limitation on liability under Eastern Washington University until Decem- paragraph (1) shall not apply to any alleged ber 31, 2009. bloc. act or omission related to an ordinary busi- A bill (H.R. 4606) to authorize the Sec- The legislative clerk read as follows: ness activity, such as an activity involving retary of the Interior, acting through the A bill (S. 2882) to make a program for na- general administration or operations, the Bureau of Reclamation and in coordination tional criminal history background checks use of motor vehicles, or personnel manage- with other Federal, State, and local govern- for volunteer groups permanent. ment.’’. ment agencies, to participate in the funding A bill (S. 2883) to amend the International Mr. HATCH. Mr. President, I rise and implementation of a balanced, long-term Child Abduction Remedies Act to limit the today to commend my colleagues for groundwater remediation program in Cali- tort liability of private entities or organiza- passing by unanimous consent two bills fornia, and for other purposes. tions that carry out responsibilities of the which I sponsored—a bill to extend the Mr. FRIST. I would object to further United States Central Authority under that pilot program for national criminal proceedings, en bloc. Act. history background checks for volun- The PRESIDING OFFICER. The ob- There being no objection, the Senate teers who work with children, and the jection is heard. The bills will be proceeded to consideration of the bills, Prevention of Child Abduction Partner- placed on the calendar. en bloc. ship Act. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10277 The first bill extends the pilot pro- There being no objection, the Senate Under current law, an inspector gen- gram created by the PROTECT Act. proceeded to consider the bill. eral’s duties are limited to activities The pilot program allows the National Mr. LEAHY. Mr. President, I am related to the programs and operations Center for Missing and Exploited Chil- pleased that the Senate is considering of an agency. Our bill would allow an dren, NCMEC, in coorperation with the and passing the ‘‘Missing Child Cold inspector general to permit criminal FBI, to provide a background check Case Review Act of 2004,’’ S. 2435, which investigators under his or her super- process for volunteers working for or- will allow an Inspector General to au- vision to review cold case files, so long ganizations, such as the Boys and Girls thorize his or her staff to provide as- as doing so would not interfere with Clubs of America, National Mentoring sistance on and conduct reviews of the normal duties. An inspector general Partnership, and the National Council inactive case files involving children, would not conduct actual investiga- of Youth Sports. The National Center or ‘‘cold cases,’’ stored at the National tions, and any inspector general would for Missing and Exploited Children pro- Center for Missing & Exploited Chil- only commit staff when the office’s vides its expertise to assist volunteer dren (NCMEC) and to develop rec- mission-related workloads permitted. organizations in evaluating the crimi- ommendations for further investiga- At no time would these activities be al- nal records of volunteers to determine tions. lowed to conflict with or delay the if the volunteers are fit to interact and I thank Senators GRASSLEY, LINCOLN stated missions of an inspector general. provide care for children. and HATCH for joining me as cosponsors From time to time a criminal inves- So far, the NCMEC has processed of this bipartisan legislation. I thank tigator employed by an inspector gen- over 2,500 checks. Through these them for their leadership in this area. eral may be between investigations or checks the Center has been able to pre- Speed is everything in homicide in- otherwise available for brief periods of vent criminals, including child molest- vestigations. As a former prosecutor in time. This act would also allow those ers, from applying and securing volun- Vermont, I know firsthand that speed resources to be provided to the Na- teer positions with youth organiza- is of the essence when trying to solve a tional Center for Missing & Exploited tions. Of those applicants whose files homicide. This focus on speed, how- Children. Commitment of resources showed an offense, over 50 percent of ever, has led the law enforcement com- would be at a minimum and would not the applicants lied and indicated they munity to generally believe that any materially affect the budget of any of- did not have a criminal record. Some of case not solved within the first 72 fice. We have before us the type of bipar- the startling examples of people who hours or lacking significant leads and tisan legislation that should move eas- were found unfit to work with children witness participation has little likeli- ily through the House once it passes included: (1) one convicted of man- hood of being solved, regardless of the the Senate. It is supported by the De- slaughter, (2) one found guilty on expertise and resources deployed. With partment of Justice Office of the In- charges of Aggravated Criminal Sexual time, such unsolved cases become spector General. I applaud the ongoing Assault as well as domestic battery, (3) ‘‘cold,’’ and these are among the most difficult and frustrating cases detec- work of the National Center for Miss- one convicted of three charges of en- ing & Exploited Children and hope the dangering the welfare of a child, (4) one tives face because they are, in effect, cases that other investigators, for House will follow the Senate’s leader- convicted of lewdness and was charged ship and promptly pass this bill to pro- for kidnapping, (5) one charged with whatever reason, failed to solve. Our Nation’s law enforcement agen- vide NCMEC with the resources it re- sexual contact with a child under the quires to solve cold cases involving age of 16, (6) one charged with 31 cies, regardless of size, are not immune to rising crime rates, staff shortages missing children. counts, including multiple rapes and Mr. FRIST. I ask unanimous consent assaults, indecent liberties, eluding, and budget restrictions. Such obstacles have strained the investigative and ad- the bill be read a third time and and prostitution, (7) one charged with passed, the motion to reconsider be ministrative resources of all agencies. aggravated battery of a pregnant laid upon the table with no intervening More crime often means that fewer woman, and (8) one charged with oral action or debate, and any statements cases are vigorously pursued, fewer op- copulation by force, rape by force, and be printed in the RECORD. oral copulation by force, in one in- portunities arise for follow-up and indi- The PRESIDING OFFICER. Without stance the victim under 14 and in an- vidual caseloads increase for already objection, it is so ordered. other, 10 years younger. My bill would overworked detectives. The bill (S. 2435) was read the third allow this invaluable program to con- All the obstacles that hamper homi- time and passed, as follows: cide investigations in their early tinue to prevent convicted criminals S. 2435 phases contribute to cold cases. The such as these from working with chil- Be it enacted by the Senate and House of Rep- dren. National Center for Missing & Ex- resentatives of the United States of America in The Prevention of Child Abduction ploited Children—our Nation’s top re- Congress assembled, Partnership Act grants private enti- source center for child protection— SECTION 1. SHORT TITLE. ties, including the National Center for presently retains a backlog of cold This Act may be cited as the ‘‘Missing Missing and Exploited Children, immu- cases involving children that law en- Child Cold Case Review Act of 2004’’. forcement departments nationwide SEC. 2. AUTHORITY OF INSPECTORS GENERAL. nity from tort liability when they are Title XXXVII of the Crime Control Act of assisting the U.S. State Department in have stopped investigating primarily due to all those obstacles. NCMEC 1990 (42 U.S.C. 5779 et seq.) is amended by in- carrying out its functions under the serting after section 3701 the following: serves as a clearinghouse for all cold International Child Abduction Rem- ‘‘SEC. 3701A. AUTHORITY OF INSPECTORS GEN- edies Act. cases in which a child has not been ERAL. found and/or the suspect has not been ‘‘(a) IN GENERAL.—An Inspector General f identified. appointed under section 3 or 8G of the In- MISSING CHILD COLD CASE The bill that we pass today will allow spector General Act of 1978 (5 U.S.C. App.) REVIEW ACT OF 2004 an inspector general to provide staff may authorize staff to assist the National Center for Missing and Exploited Children— Mr. FRIST. I ask unanimous consent support to NCMEC for the purpose of conducting reviews of inactive case ‘‘(1) by conducting reviews of inactive case the Judiciary Committee be discharged files to develop recommendations for further from further consideration of S. 2435 files to develop recommendations for investigations; and and the Senate proceed to its imme- further investigation and similar ac- ‘‘(2) by engaging in similar activities. diate consideration. tivities. The inspector general commu- ‘‘(b) LIMITATIONS.— The PRESIDING OFFICER. Without nity has one of the most diverse and ‘‘(1) PRIORITY.—An Inspector General may objection, it is so ordered. The clerk talented criminal investigative cadres not permit staff to engage in activities de- scribed in subsection (a) if such activities will report the bill by title. in the Federal Government. A vast ma- jority of these special agents have will interfere with the duties of the Inspec- The legislative clerk read as follows: tor General under the Inspector General Act A bill (S. 2485) to permit Inspectors Gen- come from traditional law enforcement of 1978 (5 U.S.C. App.). eral to authorize staff to provide assistance agencies, and are highly-trained and ‘‘(2) FUNDING.—No additional funds are au- to the National Center for Missing and Ex- extremely capable of dealing with com- thorized to be appropriated to carry out this ploited children, and for other purposes. plex, criminal cases. section.’’. S10278 CONGRESSIONAL RECORD — SENATE October 1, 2004 AUTHORIZING THE BOARD OF RE- diate consideration of Calendar 536, S. lic and private entities to address identified GENTS OF THE SMITHSONIAN IN- 2273. security issues and assess the effective inte- STITUTION TO CARRY OUT CON- The PRESIDING OFFICER. The gration of such actions. clerk will report the bill by title. (3) RECOMMENDATIONS.—Based on the as- STRUCTION ACTIVITIES sessment conducted under paragraph (1), the Mr. FRIST. I ask unanimous consent The legislative clerk read as follows: Under Secretary, in consultation with the the Senate proceed to the immediate A bill (S. 2273) to provide increased rail Secretary of Transportation, shall develop consideration of H.R. 5105, which is at transportation security, which had been re- prioritized recommendations for improving the desk. ported from the Committee on Commerce, rail security, including any recommenda- The PRESIDING OFFICER. The Science, and Transportation, with amend- tions the Under Secretary has for— ments, as follows: (A) improving the security of rail tunnels, clerk will report. [Strike the parts shown in black brackets rail bridges, rail switching and car storage The legislative clerk read as follows: and insert the parts shown in italic.] areas, other rail infrastructure and facilities, A bill (H.R. 5105) to authorize the Board of S. 2273 information systems, and other areas identi- Regents of the Smithsonian Institution to Be it enacted by the Senate and House of Rep- fied by the Under Secretary as posing signifi- carry out construction and related activities cant rail-related risks to public safety and in support of the collaborative Very Ener- resentatives of the United States of America in Congress assembled, the movement of interstate commerce, tak- getic Radiation Imaging Telescope Array ing into account the impact that any pro- System (VERITAS) project on Kitt Peak SECTION 1. SHORT TITLE; TABLE OF CONTENTS. posed security measure might have on the near Tucson, Arizona. (a) SHORT TITLE.—This Act may be cited as provision of rail service; There being no objection, the Senate the ‘‘Rail Security Act of 2004’’. (B) deploying øweapon detection equip- (b) TABLE OF CONTENTS.—The table of con- ment;¿ equipment to detect explosives and haz- proceeded to consider the bill. tents for this Act is as follows: Mr. FRIST. I ask unanimous consent ardous chemical, biological, and radioactive the bill be read a third time and Sec. 1. Short title; table of contents. substances, and any appropriate counter- Sec. 2. Rail transportation security risk as- measures; passed, the motion to reconsider be sessment. (C) training employees in terrorism pre- laid on the table, and any statements Sec. 3. Rail security. vention, passenger evacuation, and response relating to the bill be printed in the Sec. 4. Study of foreign rail transport secu- activities; RECORD. rity programs. (D) conducting public outreach campaigns The PRESIDING OFFICER. Without Sec. 5. Passenger, baggage, and cargo on passenger railroads; objection, it is so ordered. screening. (E) deploying surveillance equipment; and The bill (H.R. 5105) was read the third Sec. 6. Certain personnel limitations not to (F) identifying the immediate and long- time and passed. apply. term øeconomic impact¿ osts of measures øSec. 7. Fire and life safety improvements. that may be required to address those risks. f øSec. 8. Transportation security.¿ (4) PLANS.—The report required by sub- PERMITTING CHURCH PENSION Sec. 7. Fire and life-safety improvements. section (c) shall include— Sec. 8. Memorandum of agreement. (A) a plan, developed in consultation with PLANS TO BE INVESTED IN COL- Sec. 9. Amtrak plan to assist families of pas- LECTIVE TRUSTS the freight and intercity passenger railroads, sengers involved in rail pas- and State and local governments, for the Mr. FRIST. Mr. President, I ask senger accidents. government to provide increased security unanimous consent that the Com- øSec. 10. System-wide Amtrak security up- support at high or severe threat levels of mittee on Banking, Housing, and grades.¿ alert; and Urban Affairs be discharged from fur- Sec. 10. Systemwide Amtrak security upgrades. (B) a plan for coordinating rail security Sec. 11. Freight and passenger rail security ther consideration of H.R. 1533, and the initiatives undertaken by the public and pri- upgrades. vate sectors. Senate proceed to its immediate con- øSec. 12. Department of Transportation (b) CONSULTATION; USE OF EXISTING RE- sideration. oversight.¿ SOURCES.—In carrying out the assessment re- The PRESIDING OFFICER. Without Sec. 12. Oversight and grant procedures. quired by subsection (a), the Under Sec- objection, it is so ordered. Sec. 13. Rail security research and develop- retary of Homeland Security for Border and The clerk will report the bill by title. ment. Transportation Security shall consult with The legislative clerk read as follows: Sec. 14. Welded rail and tank car safety im- rail management, rail labor, owners or les- A bill (H.R. 1533) to amend the securities provements. sors of rail cars used to transport hazardous laws to permit church pension plans to be in- Sec. 15. Northern Border rail passenger re- materials, first responders, shippers of haz- ardous materials, public safety officials (in- vested in collective trusts. port. Sec. 16. Report regarding impact on security of cluding those within other agencies and of- There being no objection, the Senate train travel in communities with- fices within the Department of Homeland proceeded to consider the bill. out grade separation. øSecurity)¿ Security), and other relevant par- Mr. FRIST. I ask unanimous consent Sec. 17. Whistleblower protection program. ties. the amendment at the desk be agreed SEC. 2. RAIL TRANSPORTATION SECURITY RISK (c) REPORT.— to, the bill, as amended, be read the ASSESSMENT. (1) CONTENTS.—Within 180 days after the date of enactment of this Act, the Under third time and passed, the motion to (a) IN GENERAL.— (1) VULNERABILITY ASSESSMENT.—The Secretary shall transmit to the Senate Com- reconsider be laid upon the table, and mittee on Commerce, Science, and Transpor- any statements related to this bill be Under Secretary of Homeland Security for Border and Transportation Security, in con- tation and the House of Representatives printed in the RECORD. sultation with the Secretary of Transpor- Committee on Transportation and Infra- The PRESIDING OFFICER. Without tation, shall complete a vulnerability assess- structure a report containing the assessment objection, it is so ordered. ment of freight and passenger rail transpor- and prioritized recommendations required by The amendment (No. 3948) was agreed tation (encompassing ørail carriers,¿ rail- subsection (a) and an estimate of the cost to to, as follows: roads, as that term is defined in section implement such recommendations. (2) FORMAT.—The Under Secretary may (Purpose: To make a technical correction) 20102(1) of title 49, United States Code). The submit the report in both classified and re- assessment shall include— On page 2, strike lines 17 through 22 and in- dacted formats if the Under Secretary deter- (A) identification and evaluation of crit- sert the following: mines that such action is appropriate or nec- ical assets and infrastructures; ‘‘(2) by striking ‘other than any plan de- essary. (B) identification of threats to those assets scribed in clause (A), (B), or (C)’ and insert- (d) 2-YEAR UPDATES.—The Under Sec- ing the following: ‘or (D) a church plan, com- and infrastructures; retary, in consultation with the Secretary of pany, or account that is excluded from the (C) identification of vulnerabilities that Transportation, shall update the assessment definition of an investment company under are specific to the transportation of haz- and recommendations every 2 years and section 3(c)(14) of the Investment Company ardous materials via railroad; and transmit a report, which may be submitted Act of 1940, other than any plan described in (D) identification of security weaknesses in both classified and redacted formats, to subparagraph (A), (B), (C), or (D)’.’’. ’ in passenger and cargo security, transpor- the Committees named in subsection (c)(1), The bill (H.R. 1533), as amended, was tation infrastructure, protection systems, containing the updated assessment and rec- procedural policies, communications sys- read the third time and passed. ommendations. tems, employee training, emergency re- (e) AUTHORIZATION OF APPROPRIATIONS.— f sponse planning, and any other area identi- There are authorized to be appropriated to RAIL SECURITY ACT OF 2004 fied by the assessment. the Under Secretary of Homeland Security (2) EXISTING PRIVATE AND PUBLIC SECTOR for Border and Transportation Security Mr. FRIST. I ask unanimous consent EFFORTS.—The assessment shall take into ac- $5,000,000 for fiscal year 2005 for the purpose that the Senate proceed to the imme- count actions taken or planned by both pub- of carrying out this section. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10279

SEC. 3. RAIL SECURITY. the Under Secretary of Homeland Security (f) REVIEW OF PLANS.—The Secretary of (a) RAIL POLICE OFFICERS.—Section 28101 of for Border and Transportation Security to Transportation shall complete the review of the title 49, United States Code, is amended by carry out this section $5,000,000 for fiscal plans required by paragraphs (1) and (2) of sub- striking ‘‘the rail carrier’’ each place it ap- year 2005. section (e) and approve or disapprove the plans pears and inserting ‘‘any rail carrier’’. SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT within 45 days after the date on which each (b) REVIEW OF RAIL REGULATIONS.—Within TO APPLY. such plan is submitted by Amtrak. If the Sec- 1 year after the date of enactment of this Any statutory limitation on the number of retary determines that a plan is incomplete or Act, the Secretary of Transportation, in con- employees in the Transportation Security deficient, the Secretary shall notify Amtrak of sultation with the Under Secretary of Home- Administration of the Department of Trans- the incomplete items or deficiencies and Amtrak land Security for Border and Transportation portation, before or after its transfer to the shall, within 30 days after receiving the Sec- Security, shall review existing rail regula- Department of Homeland Security, does not retary’s notification, submit a modified plan for tions of the Department of Transportation apply to the extent that any such employees the Secretary’s review. Within 15 days after re- for the purpose of identifying areas in which are responsible for implementing the provi- ceiving additional information on items pre- those regulations need to be revised to im- sions of this Act. viously included in the plan, and within 45 days prove rail security. øSEC. 7. FIRE AND LIFE SAFETY IMPROVE- after receiving items newly included in a modi- MENTS.¿ SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SE- fied plan, the Secretary shall either approve the CURITY PROGRAMS. SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS. modified plan, or, if the Secretary finds the plan (a) øLIFE SAFETY¿ LIFE-SAFETY NEEDS.—The (a) REQUIREMENT FOR STUDY.—Within one is still incomplete or deficient, the Secretary year after the date of enactment of the Rail Secretary of Transportation is authorized to shall identify in writing to the Senate Com- Security Act of 2004, the Comptroller Gen- make grants to Amtrak for the purpose of mittee on Commerce, Science, and Transpor- eral shall complete a study of the rail pas- making fire and life-safety improvements to tation and the House of Representatives Com- senger transportation security programs Amtrak tunnels on the Northeast Corridor in mittee on Transportation and Infrastructure the that are carried out for rail transportation New York, NY, Baltimore, MD, and Wash- portions of the plan the Secretary finds incom- ington, DC. systems in Japan, member nations of the Eu- plete or deficient, approve all other portions of (b) AUTHORIZATION OF APPROPRIATIONS.— ropean Union, and other foreign countries. the plan, obligate the funds associated with There are authorized to be appropriated to those other portions, and execute an agreement (b) PURPOSE.—The purpose of the study the Secretary of Transportation for the pur- with Amtrak within 15 days thereafter on a shall be to identify effective rail transpor- poses of carrying out subsection (a) the fol- process for resolving the remaining portions of tation security measures that are in use in lowing amounts: the plan. foreign rail transportation systems, includ- (1) For the 6 New York tunnels to provide ø(f)¿ (g) FINANCIAL CONTRIBUTION FROM ing innovative measures and screening pro- ventilation, electrical, and fire safety tech- OTHER TUNNEL USERS.—The Secretary shall, cedures determined effective. nology upgrades, emergency communication taking into account the need for the timely (c) REPORT.—The Comptroller General and lighting systems, and emergency access completion of all ølife safety¿ portions of the shall submit a report on the results of the and egress for passengers— tunnel projects described in subsection (a)— study to the Senate Committee on Com- (A) $100,000,000 for fiscal year 2005; (1) consider the extent to which rail car- merce, Science, and Transportation and the (B) $100,000,000 for fiscal year 2006; riers other than Amtrak use the tunnels; House of Representatives Committee on (C) $100,000,000 for fiscal year 2007; (2) consider the feasibility of seeking a fi- Transportation and Infrastructure. The re- (D) $100,000,000 for fiscal year 2008; and nancial contribution from those other rail port shall include the Comptroller General’s (E) $170,000,000 for fiscal year 2009. carriers toward the costs of the projects; and assessment regarding whether it is feasible (2) For the Baltimore & Potomac tunnel (3) øseek¿ obtain financial contributions or to implement within the United States any and the Union tunnel, together, to provide commitments from such other rail carriers of the same or similar security measures adequate drainage, ventilation, communica- at levels reflecting the extent of their use of that are determined effective under the tion, lighting, and passenger egress up- the øtunnels.¿ tunnels, if feasible. study. grades— SEC. 5. PASSENGER, BAGGAGE, AND CARGO (A) $10,000,000 for fiscal year 2005; øSEC. 8. TRANSPORTATION SECURITY.¿ SCREENING. (B) $10,000,000 for fiscal year 2006; SEC. 8. MEMORANDUM OF AGREEMENT. (a) REQUIREMENT FOR STUDY AND REPORT.— (C) $10,000,000 for fiscal year 2007; (a) MEMORANDUM OF AGREEMENT.—Within The Under Secretary of Homeland Security (D) $10,000,000 for fiscal year 2008; and 60 days after the date of enactment of this for Border and Transportation Security, in (E) $17,000,000 for fiscal year 2009. Act, the Secretary of Transportation and the cooperation with the Secretary of Transpor- (3) For the Washington, DC Union Station øUnder Secretary of Homeland Security for tation, shall— tunnels to improve ventilation, communica- Border and Transportation Security¿ Sec- (1) analyze the cost and feasibility of re- tion, lighting, and passenger egress up- retary of Homeland Security shall execute a quiring security screening for passengers, grades— memorandum of agreement governing the baggage, and ømail¿ cargo on passenger (A) $8,000,000 for fiscal year 2005; roles and responsibilities of the Department trains; and (B) $8,000,000 for fiscal year 2006; of Transportation and the Department of (2) report the results of the study, together (C) $8,000,000 for fiscal year 2007; Homeland Security, respectively, in address- with any recommendations that the Under (D) $8,000,000 for fiscal year 2008; and ing railroad transportation security matters, Secretary may have for implementing a rail (E) $8,000,000 for fiscal year 2009. including the processes the departments will security screening program to the Senate (c) INFRASTRUCTURE UPGRADES.—There are follow to promote communications, effi- Committee on Commerce, Science, and authorized to be appropriated to the Sec- ciency, and nonduplication of effort. Transportation and the House of Representa- retary of Transportation for fiscal year 2005 (b) RAIL SAFETY REGULATIONS.—Section tives Committee on Transportation and In- $3,000,000 for the preliminary design of op- 20103(a) of title 49, United States Code, is frastructure within 1 year after the date of tions for a new tunnel on a different align- amended by striking ‘‘safety’’ the first place enactment of this Act. ment to augment the capacity of the exist- it appears, and inserting ‘‘safety, including (b) PILOT PROGRAM.—As part of the study ing Baltimore tunnels. security,’’. under subsection (a), the Under Secretary (d) AVAILABILITY OF APPROPRIATED SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF shall complete a pilot program of random se- FUNDS.—Amounts appropriated pursuant to PASSENGERS INVOLVED IN RAIL curity screening of passengers and baggage this section shall remain available until ex- PASSENGER ACCIDENTS. at 5 passenger rail stations served by Am- pended. (a) IN GENERAL.—Chapter 243 of title 49, ø ¿ trak selected by the Under Secretary. In con- (e) PLAN PLANS REQUIRED.—The Sec- United States Code, is amended by adding at ducting the pilot program, the Under Sec- retary may not make amounts available to the end the following: retary shall— Amtrak for obligation or expenditure under (1) test a wide range of explosives detection subsection (a)— ‘‘§ 24316. Plans to address needs of families of technologies, devices and methods; (1) until Amtrak has submitted to the Sec- passengers involved in rail passenger acci- (2) require that intercity rail passengers retary, and the Secretary has approved, an dents produce government-issued photographic engineering and financial plan for such ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 identification which matches the name on projects; and months after the date of the enactment of the passenger’s tickets prior to boarding (2) unless, for each project funded pursuant the Rail Security Act of 2004, Amtrak shall trains; and to this section, the Secretary has approved a submit to the Chairman of the National (3) attempt to give preference to locations at project management plan prepared by Am- Transportation Safety Board and the Sec- the highest risk of terrorist attack and achieve trak addressing appropriate project budget, retary of Transportation a plan for addressing a distribution of participating train stations construction schedule, recipient staff organi- the needs of the families of passengers in- in terms of geographic location, size, pas- zation, document control and record keep- volved in any rail passenger accident involv- senger volume, and whether the station is ing, change order procedure, quality control ing an Amtrak intercity train and resulting used by commuter rail passengers as well as and assurance, periodic plan updates, peri- in a loss of life. Amtrak passengers. odic status reports, and such other ømatter¿ ‘‘(b) CONTENTS OF PLANS.—The plan to be (c) AUTHORIZATION OF APPROPRIATIONS.— matters the Secretary deems øappropriate;¿ submitted by Amtrak under subsection (a) There are authorized to be appropriated to appropriate. shall include, at a minimum, the following: S10280 CONGRESSIONAL RECORD — SENATE October 1, 2004 ‘‘(1) A process by which Amtrak will main- ‘‘24316. Plan to assist families of passengers (6) employee security awareness, prepared- tain and provide to the National Transpor- involved in rail passenger acci- ness, passenger evacuation, and emergency tation Safety øBoard,¿ Board and the Sec- dents.’’. response training; retary of Transportation, immediately upon øSEC. 10. SYSTEM-WIDE AMTRAK SECURITY UP- (7) public security awareness campaigns for request, a list (which is based on the best GRADES.¿ passenger train operations; øand¿ available information at the time of the re- SEC. 10. SYSTEMWIDE AMTRAK SECURITY UP- (8) the sharing of intelligence and information quest) of the names of the passengers aboard GRADES. about security threats; the train (whether or not such names have (a) IN GENERAL—Subject to subsection (c), (9) to obtain train tracking and interoperable been verified), and will periodically update the Under Secretary of Homeland Security communications systems that are coordinated to the list. The plan shall include a procedure, for Border and Transportation Security is the maximum extent possible; with respect to unreserved trains and pas- authorized to make grants, through the Sec- (10) to hire additional police and security offi- sengers not holding reservations on other retary of Transportation, to Amtrak— cers, including canine units; and trains, for Amtrak to use reasonable efforts (1) to secure major tunnel access points ø(8)¿ (11) other improvements rec- to ascertain the number and names of pas- and ensure tunnel integrity in New York, ommended by the report required by section sengers aboard a train involved in an acci- Baltimore, and Washington, DC; 2, including infrastructure, facilities, and dent. (2) to secure Amtrak trains; equipment upgrades. ‘‘(2) A plan for creating and publicizing a (3) to secure Amtrak stations; (b) ACCOUNTABILITY.—The Under Secretary reliable, toll-free telephone number within 4 (4) to obtain a watch list identification shall adopt necessary procedures, including hours after such an accident occurs, and for system approved by the Under Secretary; audits, to ensure that grants made under providing staff, to handle calls from the fam- (5) to obtain train tracking and interoper- this section are expended in accordance with ilies of the passengers. able communications systems that are co- the purposes of this Act and the priorities ‘‘(3) A process for notifying the families of ordinated to the maximum extent possible; and other criteria developed by the Under the passengers, before providing any public (6) to hire additional police and security Secretary. notice of the names of the passengers, by officers, including canine units; and (c) EQUITABLE ALLOCATION.—The Under Sec- suitably trained individuals. (7) to expand emergency preparedness ef- retary shall equitably distribute the funds au- ‘‘(4) A process for providing the notice de- forts. thorized by this section, taking into account ge- scribed in paragraph (2) to the family of a (b) CONDITIONS.—The Secretary of Trans- ographic location, and shall encourage non- passenger as soon as Amtrak has verified portation may not disburse funds to Amtrak Federal financial participation in awarding that the passenger was aboard the train under subsection (a) unless the projects are grants. With respect to grants for passenger rail (whether or not the names of all of the pas- contained in a systemwide security plan ap- security, the Under Secretary shall also take sengers have been verified). proved by the Under Secretary, in consulta- into account passenger volume and whether a ‘‘(5) A process by which the family of each tion with the Secretary of Transportation, station is used by commuter rail passengers as passenger will be consulted about the dis- øand¿ and, for capital projects, meet the re- well as intercity rail passengers. position of all remains and personal effects quirements of section 7(e)(2). The plan shall ø(c)¿ (d) CONDITIONS.—The Secretary of of the passenger within Amtrak’s control; include appropriate measures to address secu- Transportation may not disburse funds to that any possession of the passenger within rity awareness, emergency response, and pas- Amtrak under subsection (a) unless Amtrak Amtrak’s control will be returned to the senger evacuation training. meets the conditions set forth in section family unless the possession is needed for the (c) EQUITABLE GEOGRAPHIC ALLOCATION.— 10(b) of this Act. accident investigation or any criminal inves- The øSecretary¿ Under Secretary shall ensure ø(d) TANK CAR REPLACEMENT INCENTIVE.—A tigation; and that any unclaimed possession that, subject to meeting the highest security grant under subsection (a)(5) may be for up of a passenger within Amtrak’s control will needs on Amtrak’s entire system, stations to 15 percent of the cost of the modification be retained by the rail passenger carrier for and facilities located outside of the North- or replacement of a pressurized tank car.¿ at least 18 months. east Corridor receive an equitable share of (e) ALLOCATION BETWEEN RAILROADS AND ‘‘(6) A process by which the treatment of the security funds authorized by this sec- OTHERS.—Unless as a result of the assess- the families of nonrevenue passengers will be tion. ment required by section 2 the Under Sec- the same as the treatment of the families of (d) AVAILABILITY OF FUNDS.—There are au- retary of Homeland Security for Border and revenue passengers. thorized to be appropriated to the Under Sec- Transportation Security determines that ‘‘(7) An assurance that Amtrak will pro- retary of Homeland Security for Border and critical rail transportation security needs re- vide adequate training to its employees and Transportation Security ø$62,500,000¿ quire reimbursement in greater amounts to agents to meet the needs of survivors and $63,500,000 for fiscal year 2005 for the purposes any eligible entity, no grants under this sec- family members following an accident. of carrying out this section. Amounts appro- tion may be made— ‘‘(c) USE OF INFORMATION.—The National priated pursuant to this subsection shall re- (1) in excess of $65,000,000 to Amtrak; or Transportation Safety øBoard and Amtrak¿ main available until expended. (2) in excess of $100,000,000 for the purposes Board, the Secretary of Transportation, and SEC. 11. FREIGHT AND PASSENGER RAIL SECU- described in paragraphs (3) and (4) (5) of sub- Amtrak may not release to any person infor- RITY UPGRADES. section (a). mation on a list obtained under subsection ø (a) SECURITY IMPROVEMENT GRANTS.—The (f) PROCEDURES FOR GRANT AWARD.—The (b)(1) but may provide information on the Under Secretary of Homeland Security for Under Secretary shall prescribe procedures list about a passenger to the family of the Border and Transportation Security is au- and schedules for the awarding of grants passenger to the extent that the Board or thorized to make grants to freight railroads, under this title, including application and Amtrak considers appropriate. the Alaska Railroad, hazardous materials qualification procedures (including a re- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shippers, owners of rail cars used in the quirement that the applicant have a security shall not be liable for damages in any action plan), and a record of decision on applicant brought in a Federal or State court arising transportation of hazardous materials, uni- versities, colleges and research centers, State eligibility. The procedures shall include the out of the performance of Amtrak in pre- execution of a grant agreement between the paring or providing a passenger list, or in and local governments (for passenger facilities and infrastructure not owned by Amtrak), and, grant recipient and the Under Secretary. The providing information concerning a train Under Secretary shall issue a final rule es- reservation, pursuant to a plan submitted by through the Secretary of Transportation, to Amtrak, for full or partial reimbursement of tablishing the procedures not later than 90 Amtrak under subsection (b), unless such li- days after the date of enactment of this Act. ability was caused by Amtrak’s conduct. costs incurred in the conduct of activities to (g)¿ (f) AUTHORIZATION OF APPROPRIA- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- prevent or respond to acts of terrorism, sabo- TIONS.—There are authorized to be appro- TION.—Nothing in this section may be con- tage, or other intercity passenger rail and priated to the Under Secretary of Homeland strued as limiting the actions that Amtrak freight rail security threats, including— (1) security and redundancy for critical Security for Border and Transportation Se- may take, or the obligations that Amtrak ø ¿ may have, in providing assistance to the communications, computer, and train con- curity $250,000,000 $350,000,000 for fiscal families of passengers involved in a rail pas- trol systems essential for secure rail oper- year 2005 to carry out the purposes of this senger accident. ations; section. Amounts appropriated pursuant to ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (2) accommodation of cargo or passenger this subsection shall remain available until There are authorized to be appropriated to screening equipment at the United States- expended. the Secretary of Transportation for the use Mexico border or the United States-Canada (g) HIGH HAZARD MATERIALS DEFINED.—In of Amtrak $500,000 for fiscal year 2005 to border; this section, the term ‘‘high hazard materials’’ carry out this section. Amounts appro- (3) the security of hazardous material means poison inhalation hazard materials, Class priated pursuant to this subsection shall re- transportation by rail; 2.3 gases, Class 6.1 materials, and anhydrous main available until expended.’’. (4) secure intercity passenger rail stations, ammonia. (b) CONFORMING AMENDMENT.—The chapter trains, and infrastructure; øSEC. 12. DEPARTMENT OF TRANSPORTATION analysis for chapter 243 of title 49, United (5) structural modification or replacement OVERSIGHT.¿ States Code, is amended by adding at the end of øpressurized tank cars¿ rail cars trans- SEC. 12. OVERSIGHT AND GRANT PROCEDURES. the following: porting high hazard materials to improve their (a) SECRETARIAL OVERSIGHT.—The Sec- ‘‘Sec. resistance to acts of terrorism; retary of Transportation may use up to 0.5 October 1, 2004 CONGRESSIONAL RECORD — SENATE S10281 percent of amounts made available to Am- research and development project authorized road Passenger Corporation, shall transmit a trak for capital projects under the Rail Secu- by this section through a reimbursable report to the Senate Committee on Com- rity Act of 2004 to enter into contracts for agreement with the Secretary of Transpor- merce, Science, and Transportation and the the review of proposed capital projects and tation if the Secretary of Transportation— House of Representatives Committee on related program management plans and to (1) is already sponsoring a research and de- Transportation and Infrastructure that con- oversee construction of such projects. velopment project in a similar area; or tains— (b) USE OF FUNDS.—The Secretary may use (2) has a unique facility or capability that (1) a description of the current system for amounts available under subsection (a) of would be useful in carrying out the project.¿ screening passengers and baggage on pas- this subsection to make contracts for safety, (c) ACCOUNTABILITY.—The Under Secretary senger rail service between the United States procurement, management, and financial shall adopt necessary procedures, including au- and Canada; compliance reviews and audits of a recipient dits, to ensure that grants made under this sec- (2) an assessment of the current program of amounts under subsection (a). tion are expended in accordance with the pur- to provide preclearance of airline passengers (c) PROCEDURES FOR GRANT AWARD.—The poses of this Act and the priorities and other between the United States and Canada as Under Secretary shall prescribe procedures and criteria developed by the Under Secretary. outlined in ‘‘The Agreement on Air Trans- schedules for the awarding of grants under this (d) AUTHORIZATION OF APPROPRIATIONS.— port Preclearance between the Government Act, including application and qualification There are authorized to be appropriated to of Canada and the Government of the United procedures (including a requirement that the the Under Secretary of Homeland Security States of America’’, dated January 18, 2001; applicant have a security plan), and a record of for Border and Transportation Security (3) an assessment of the current program decision on applicant eligibility. The procedures $50,000,000 in each of fiscal years 2005 and 2006 to provide preclearance of freight railroad shall include the execution of a grant agreement to carry out the purposes of this section. traffic between the United States and Can- between the grant recipient and the Under Sec- Amounts appropriated pursuant to this sub- ada as outlined in the ‘‘Declaration of Prin- retary. The Under Secretary shall issue a final section shall remain available until ex- ciple for the Improved Security of Rail Ship- rule establishing the procedures not later than pended. ments by Canadian National Railway and 90 days after the date of enactment of this Act. SEC. 14. WELDED RAIL AND TANK CAR SAFETY Canadian Pacific Railway from Canada to SEC. 13. RAIL SECURITY RESEARCH AND DEVEL- IMPROVEMENTS. the United States’’, dated April 2, 2003; OPMENT. (a) TRACK STANDARDS.—Within 90 days (4) information on progress by the Depart- (a) ESTABLISHMENT OF RESEARCH AND DE- after the date of enactment of this Act, the ment of Homeland Security and other Fed- VELOPMENT PROGRAM.—The Under Secretary Federal Railroad Administration shall— eral agencies towards finalizing a bilateral of Homeland Security for Border and Trans- ø ¿ protocol with Canada that would provide for portation Security, in conjunction with the (1) require each railroad track owner preclearance of passengers on trains oper- Secretary of Transportation, shall carry out using continuous welded rail track to in- ø ¿ ating between the United States and Canada; a research and development program for the clude procedures (in its program procedures ø ¿ (5) a description of legislative, regulatory, purpose of improving freight and intercity filed with the Administration) that Admin- budgetary, or policy barriers within the passenger rail øsecurity, including¿ security istration pursuant to section 213.119 of title 49, United States Government to providing pre- that may include research and development Code of Federal Regulations) to improve the screened passenger lists for rail passengers projects to— identification of cracks in rail joint bars; travelling between the United States and (1) reduce the vulnerability of passenger (2) instruct Administration track inspec- Canada to the Department of Homeland Se- trains, stations, and equipment to øexplo- tors to obtain copies of the most recent con- curity; sives;¿ explosives and hazardous chemical, bio- tinuous welded rail programs of each rail- (6) a description of the position of the Gov- logical, and radioactive substances; road within the inspectors’ areas of responsi- ernment of Canada and relevant Canadian (2) test new emergency response techniques bility and require that inspectors use those agencies with respect to preclearance of such and technologies; programs when conducting track inspec- passengers; and (3) develop improved freight technologies, tions; and (7) a draft of any changes in existing Fed- including— (3) establish a program to periodically re- eral law necessary to provide for pre-screen- (A) technologies for sealing rail cars; view continuous welded rail joint bar inspec- ing of such passengers and providing pre- (B) automatic inspection of rail cars; tion data from railroads and Administration screened passenger lists to the Department (C) communication-based train controls; track inspectors and, whenever the Adminis- of Homeland Security. and tration determines that it is necessary or ap- (D) emergency response training; propriate, require railroads to increase the SEC. 16. REPORT REGARDING IMPACT ON SECU- (4) test wayside detectors that can detect frequency or improve the methods of inspec- RITY OF TRAIN TRAVEL IN COMMU- tion of joint bars in continuous welded rail. NITIES WITHOUT GRADE SEPARA- tampering with railroad equipment; and TION. (5) support enhanced security for the trans- (b) TANK CAR STANDARDS.—The Federal (a) STUDY.—The Secretary of Homeland Secu- portation of hazardous materials by rail, in- Railroad Administration shall— rity shall, in consultation with State and local cluding— (1) within 1 year after the date of enact- government officials, conduct a study on the im- (A) technologies to detect a breach in a ment of this Act, validate the predictive ø pact of blocked highway-railroad grade cross- tank car and transmit information about the model it is developing to quantify the max- ¿ ings on the ability of emergency responders, in- integrity of tank cars to the train crew; imum relevant dynamic forces acting on cluding ambulances and police, fire, and other (B) research to improve tank car integrity, railroad tank cars under accident conditions; emergency vehicles, to perform public safety and with a focus on tank cars that carry øtoxic- and security duties in the event of a terrorist attack. inhalation chemicals; and¿ high hazard mate- (2) within 18 months after the date of en- rials (as defined in section 11(g) of this Act; actment of this Act, initiate a rulemaking to (b) REPORT.—Not later than 1 year after the (C) techniques to transfer hazardous mate- develop and implement appropriate design date of enactment of this Act, the Secretary of rials from rail cars that are damaged or oth- standards for pressurized tank cars. Homeland Security shall submit a report to the erwise represent an unreasonable risk to (c) OLDER TANK CAR IMPACT RESISTANCE Committee on Transportation and Infrastruc- human life or public øsafety.¿ safety; ANALYSIS AND REPORT.—Within 2 years after ture of the House of Representatives and the (6) other projects recommended in the report the date of enactment of this Act, the Fed- Committee on Commerce, Science, and Transpor- ø required by section 2. eral Railroad Administration, in coordina- tation of the Senate on the findings of the study (b) COORDINATION WITH OTHER RESEARCH tion with the National Transportation Safe- conducted under subsection (a) and rec- INITIATIVES.—The Under Secretary of Home- ty Board, shall—¿ Administration shall— ommendations for reducing the impact of land Security for Border and Transportation (1) conduct a comprehensive analysis to de- blocked crossings on emergency response. Security shall ensure that the research and termine the impact resistance of the steels SEC. 17. WHISTLEBLOWER PROTECTION PRO- development program authorized by this sec- in the shells of pressure tank cars con- GRAM. tion is coordinated with other research and structed before 1989; and (a) IN GENERAL.—Subchapter A of chapter 201 development initiatives at the Department (2) transmit a report to the Senate Com- of title 49, United States Code, is amended by in- and the Department of Transportation. The mittee on Commerce, Science, and Transpor- serting after section 20115 the following: Under Secretary of Homeland Security for Bor- tation and the House of Representatives ‘‘§ 20116. Whistleblower protection for rail se- der and Transportation Security shall carry out Committee on Transportation and Infra- curity matters any research and development project author- structure with recommendations for meas- ized by this section through a reimbursable ures to eliminate or mitigate the risk of cat- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—No agreement with the Secretary of Transportation astrophic failure. rail carrier engaged in interstate or foreign com- if the Secretary of Transportation— SEC. 15. NORTHERN BORDER RAIL PASSENGER merce may discharge a railroad employee or oth- (1) is already sponsoring a research and de- REPORT. erwise discriminate against a railroad employee velopment project in a similar area; or Within 180 days after the date of enact- because the employee (or any person acting pur- (2) has a unique facility or capability that ment of this Act, the Under Secretary of suant to a request of the employee)— would be useful in carrying out the project. Homeland Security for Border and Transpor- (1) provided, caused to be provided, or is ø(c) ACCOUNTABILITY.—The Under Sec- tation Security, in consultation with the about to provide or cause to be provided, to the retary of Homeland Security for Border and heads of other appropriate Federal depart- employer or the Federal Government informa- Transportation Security shall carry out any ments and agencies and the National Rail- tion relating to a perceived threat to security; or S10282 CONGRESSIONAL RECORD — SENATE October 1, 2004 ‘‘(2) provided, caused to be provided, or is Sec. 7. Fire and life-safety improvements. government to provide increased security about to provide or cause to be provided, testi- Sec. 8. Memorandum of agreement. support at high or severe threat levels of mony before Congress or at any Federal or State Sec. 9. Amtrak plan to assist families of pas- alert; and proceeding regarding a perceived threat to secu- sengers involved in rail pas- (B) a plan for coordinating rail security rity; or senger accidents. initiatives undertaken by the public and pri- ‘‘(3) refused to violate or assist in the viola- Sec. 10. Systemwide Amtrak security up- vate sectors. tion of any law, rule or regulation related to grades. (b) CONSULTATION; USE OF EXISTING RE- rail security. Sec. 11. Freight and passenger rail security SOURCES.—In carrying out the assessment re- ‘‘(b) DISPUTE RESOLUTION.—A dispute, griev- upgrades. quired by subsection (a), the Under Sec- ance, or claim arising under this section is sub- Sec. 12. Oversight and grant procedures. retary of Homeland Security for Border and Sec. 13. Rail security research and develop- ject to resolution under section 3 of the Railway Transportation Security shall consult with ment. Labor Act (45 U.S.C. 153). In a proceeding by rail management, rail labor, owners or les- Sec. 14. Welded rail and tank car safety im- the National Railroad Adjustment Board, a divi- sors of rail cars used to transport hazardous sion or delegate of the Board, or another board provements. Sec. 15. Northern Border rail passenger re- materials, first responders, shippers of haz- of adjustment established under section 3 to re- ardous materials, public safety officials (in- solve the dispute, grievance, or claim the pro- port. Sec. 16. Report regarding impact on security cluding those within other agencies and of- ceeding shall be expedited and the dispute, of train travel in communities fices within the Department of Homeland Se- grievance, or claim shall be resolved not later without grade separation. curity), and other relevant parties. than 180 days after it is filed. If the violation is Sec. 17. Whistleblower protection program. (c) REPORT.— a form of discrimination that does not involve (1) CONTENTS.—Within 180 days after the discharge, suspension, or another action affect- SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. date of enactment of this Act, the Under ing pay, and no other remedy is available under (a) IN GENERAL.— Secretary shall transmit to the Senate Com- this subsection, the Board, division, delegate, or (1) VULNERABILITY ASSESSMENT.—The mittee on Commerce, Science, and Transpor- other board of adjustment may award the em- Under Secretary of Homeland Security for tation and the House of Representatives ployee reasonable damages, including punitive Border and Transportation Security, in con- Committee on Transportation and Infra- damages, of not more than $20,000. sultation with the Secretary of Transpor- structure a report containing the assessment ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as tation, shall complete a vulnerability assess- and prioritized recommendations required by provided in subsection (b), the procedure set ment of freight and passenger rail transpor- subsection (a) and an estimate of the cost to forth in section 42121(b)(2)(B) of this title, in- tation (encompassing railroads, as that term implement such recommendations. cluding the burdens of proof, applies to any is defined in section 20102(1) of title 49, (2) FORMAT.—The Under Secretary may complaint brought under this section. United States Code). The assessment shall submit the report in both classified and re- ‘‘(d) ELECTION OF REMEDIES.—An employee of include— dacted formats if the Under Secretary deter- a railroad carrier may not seek protection under mines that such action is appropriate or nec- both this section and another provision of law (A) identification and evaluation of crit- ical assets and infrastructures; essary. for the same allegedly unlawful act of the car- (d) 2-YEAR UPDATES.—The Under Sec- rier. (B) identification of threats to those assets and infrastructures; retary, in consultation with the Secretary of ‘‘(e) DISCLOSURE OF IDENTITY.— Transportation, shall update the assessment ‘‘(1) Except as provided in paragraph (2) of (C) identification of vulnerabilities that and recommendations every 2 years and this subsection, or with the written consent of are specific to the transportation of haz- transmit a report, which may be submitted the employee, the Secretary of Transportation ardous materials via railroad; and in both classified and redacted formats, to may not disclose the name of an employee of a (D) identification of security weaknesses the Committees named in subsection (c)(1), railroad carrier who has provided information in passenger and cargo security, transpor- containing the updated assessment and rec- about an alleged violation of this section. tation infrastructure, protection systems, ommendations. ‘‘(2) The Secretary shall disclose to the Attor- procedural policies, communications sys- (e) AUTHORIZATION OF APPROPRIATIONS.— ney General the name of an employee described tems, employee training, emergency re- There are authorized to be appropriated to in paragraph (1) of this subsection if the matter sponse planning, and any other area identi- the Under Secretary of Homeland Security is referred to the Attorney General for enforce- fied by the assessment. for Border and Transportation Security ment.’’. (2) EXISTING PRIVATE AND PUBLIC SECTOR $5,000,000 for fiscal year 2005 for the purpose (b) CONFORMING AMENDMENT.—The chapter EFFORTS.—The assessment shall take into ac- analysis for chapter 201 of title 49, United States count actions taken or planned by both pub- of carrying out this section. Code, is amended by inserting after the item re- lic and private entities to address identified SEC. 3. RAIL SECURITY. lating to section 20115 the following: security issues and assess the effective inte- (a) RAIL POLICE OFFICERS.—Section 28101 of ‘‘20116. Whistleblower protection for rail secu- gration of such actions. title 49, United States Code, is amended by rity matters.’’. (3) RECOMMENDATIONS.—Based on the as- striking ‘‘the rail carrier’’ each place it ap- sessment conducted under paragraph (1), the pears and inserting ‘‘any rail carrier’’. Mr. FRIST. I ask unanimous consent Under Secretary, in consultation with the (b) REVIEW OF RAIL REGULATIONS.—Within that the committee reported amend- Secretary of Transportation, shall develop 1 year after the date of enactment of this ments be agreed to, the bill, as amend- prioritized recommendations for improving Act, the Secretary of Transportation, in con- ed, be read the third time and passed, rail security, including any recommenda- sultation with the Under Secretary of Home- and the motion to reconsider be laid tions the Under Secretary has for— land Security for Border and Transportation upon the table. (A) improving the security of rail tunnels, Security, shall review existing rail regula- The PRESIDING OFFICER. Without rail bridges, rail switching and car storage tions of the Department of Transportation objection, it is so ordered. areas, other rail infrastructure and facilities, for the purpose of identifying areas in which The committee amendments were information systems, and other areas identi- those regulations need to be revised to im- prove rail security. agreed to. fied by the Under Secretary as posing signifi- cant rail-related risks to public safety and SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SE- The bill (S. 2273), as amended, was the movement of interstate commerce, tak- CURITY PROGRAMS. read the third time and passed, as fol- ing into account the impact that any pro- (a) REQUIREMENT FOR STUDY.—Within one lows: posed security measure might have on the year after the date of enactment of the Rail S. 2273 provision of rail service; Security Act of 2004, the Comptroller Gen- Be it enacted by the Senate and House of Rep- (B) deploying equipment to detect explo- eral shall complete a study of the rail pas- resentatives of the United States of America in sives and hazardous chemical, biological, and senger transportation security programs Congress assembled, radioactive substances, and any appropriate that are carried out for rail transportation SECTION 1. SHORT TITLE; TABLE OF CONTENTS. countermeasures; systems in Japan, member nations of the Eu- (a) SHORT TITLE.—This Act may be cited as (C) training employees in terrorism pre- ropean Union, and other foreign countries. the ‘‘Rail Security Act of 2004’’. vention, passenger evacuation, and response (b) PURPOSE.—The purpose of the study (b) TABLE OF CONTENTS.—The table of con- activities; shall be to identify effective rail transpor- tents for this Act is as follows: (D) conducting public outreach campaigns tation security measures that are in use in Sec. 1. Short title; table of contents. on passenger railroads; foreign rail transportation systems, includ- Sec. 2. Rail transportation security risk as- (E) deploying surveillance equipment; and ing innovative measures and screening pro- sessment. (F) identifying the immediate and long- cedures determined effective. Sec. 3. Rail security. term costs of measures that may be required (c) REPORT.—The Comptroller General Sec. 4. Study of foreign rail transport secu- to address those risks. shall submit a report on the results of the rity programs. (4) PLANS.—The report required by sub- study to the Senate Committee on Com- Sec. 5. Passenger, baggage, and cargo section (c) shall include— merce, Science, and Transportation and the screening. (A) a plan, developed in consultation with House of Representatives Committee on Sec. 6. Certain personnel limitations not to the freight and intercity passenger railroads, Transportation and Infrastructure. The re- apply. and State and local governments, for the port shall include the Comptroller General’s October 1, 2004 CONGRESSIONAL RECORD — SENATE S10283 assessment regarding whether it is feasible adequate drainage, ventilation, communica- levels reflecting the extent of their use of to implement within the United States any tion, lighting, and passenger egress up- the tunnels, if feasible. of the same or similar security measures grades— SEC. 8. MEMORANDUM OF AGREEMENT. that are determined effective under the (A) $10,000,000 for fiscal year 2005; (a) MEMORANDUM OF AGREEMENT.—Within study. (B) $10,000,000 for fiscal year 2006; 60 days after the date of enactment of this SEC. 5. PASSENGER, BAGGAGE, AND CARGO (C) $10,000,000 for fiscal year 2007; Act, the Secretary of Transportation and the SCREENING. (D) $10,000,000 for fiscal year 2008; and Secretary of Homeland Security shall exe- (a) REQUIREMENT FOR STUDY AND REPORT.— (E) $17,000,000 for fiscal year 2009. cute a memorandum of agreement governing The Under Secretary of Homeland Security (3) For the Washington, DC Union Station the roles and responsibilities of the Depart- for Border and Transportation Security, in tunnels to improve ventilation, communica- ment of Transportation and the Department cooperation with the Secretary of Transpor- tion, lighting, and passenger egress up- of Homeland Security, respectively, in ad- tation, shall— grades— dressing railroad transportation security (1) analyze the cost and feasibility of re- (A) $8,000,000 for fiscal year 2005; matters, including the processes the depart- quiring security screening for passengers, (B) $8,000,000 for fiscal year 2006; ments will follow to promote communica- baggage, and cargo on passenger trains; and (C) $8,000,000 for fiscal year 2007; tions, efficiency, and nonduplication of ef- (2) report the results of the study, together (D) $8,000,000 for fiscal year 2008; and fort. with any recommendations that the Under (E) $8,000,000 for fiscal year 2009. (b) RAIL SAFETY REGULATIONS.—Section Secretary may have for implementing a rail (c) INFRASTRUCTURE UPGRADES.—There are 20103(a) of title 49, United States Code, is security screening program to the Senate authorized to be appropriated to the Sec- amended by striking ‘‘safety’’ the first place Committee on Commerce, Science, and retary of Transportation for fiscal year 2005 it appears, and inserting ‘‘safety, including Transportation and the House of Representa- $3,000,000 for the preliminary design of op- security,’’. tions for a new tunnel on a different align- tives Committee on Transportation and In- SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF frastructure within 1 year after the date of ment to augment the capacity of the exist- PASSENGERS INVOLVED IN RAIL enactment of this Act. ing Baltimore tunnels. PASSENGER ACCIDENTS. (d) AVAILABILITY OF APPROPRIATED (b) PILOT PROGRAM.—As part of the study (a) IN GENERAL.—Chapter 243 of title 49, FUNDS.—Amounts appropriated pursuant to under subsection (a), the Under Secretary United States Code, is amended by adding at this section shall remain available until ex- shall complete a pilot program of random se- the end the following: pended. curity screening of passengers and baggage (e) PLANS REQUIRED.—The Secretary may ‘‘§ 24316. Plans to address needs of families of at 5 passenger rail stations served by Am- not make amounts available to Amtrak for passengers involved in rail passenger acci- trak selected by the Under Secretary. In con- obligation or expenditure under subsection dents ducting the pilot program, the Under Sec- (a)— ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 retary shall— (1) until Amtrak has submitted to the Sec- months after the date of the enactment of (1) test a wide range of explosives detection retary, and the Secretary has approved, an the Rail Security Act of 2004, Amtrak shall technologies, devices and methods; engineering and financial plan for such submit to the Chairman of the National (2) require that intercity rail passengers projects; and Transportation Safety Board and the Sec- produce government-issued photographic (2) unless, for each project funded pursuant retary of Transportation a plan for address- identification which matches the name on to this section, the Secretary has approved a ing the needs of the families of passengers the passenger’s tickets prior to boarding project management plan prepared by Am- involved in any rail passenger accident in- trains; and trak addressing appropriate project budget, volving an Amtrak intercity train and re- (3) attempt to give preference to locations construction schedule, recipient staff organi- sulting in a loss of life. at the highest risk of terrorist attack and zation, document control and record keep- ‘‘(b) CONTENTS OF PLANS.—The plan to be achieve a distribution of participating train ing, change order procedure, quality control submitted by Amtrak under subsection (a) stations in terms of geographic location, and assurance, periodic plan updates, peri- shall include, at a minimum, the following: size, passenger volume, and whether the sta- odic status reports, and such other matters ‘‘(1) A process by which Amtrak will main- tion is used by commuter rail passengers as the Secretary deems appropriate. tain and provide to the National Transpor- well as Amtrak passengers. (f) REVIEW OF PLANS.—The Secretary of tation Safety Board and the Secretary of (c) AUTHORIZATION OF APPROPRIATIONS.— Transportation shall complete the review of Transportation, immediately upon request, a There are authorized to be appropriated to the plans required by paragraphs (1) and (2) list (which is based on the best available in- the Under Secretary of Homeland Security of subsection (e) and approve or disapprove formation at the time of the request) of the for Border and Transportation Security to the plans within 45 days after the date on names of the passengers aboard the train carry out this section $5,000,000 for fiscal which each such plan is submitted by Am- (whether or not such names have been year 2005. trak. If the Secretary determines that a plan verified), and will periodically update the SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT is incomplete or deficient, the Secretary list. The plan shall include a procedure, with TO APPLY. shall notify Amtrak of the incomplete items respect to unreserved trains and passengers Any statutory limitation on the number of or deficiencies and Amtrak shall, within 30 not holding reservations on other trains, for employees in the Transportation Security days after receiving the Secretary’s notifica- Amtrak to use reasonable efforts to ascer- Administration of the Department of Trans- tion, submit a modified plan for the Sec- tain the number and names of passengers portation, before or after its transfer to the retary’s review. Within 15 days after receiv- aboard a train involved in an accident. Department of Homeland Security, does not ing additional information on items pre- ‘‘(2) A plan for creating and publicizing a apply to the extent that any such employees viously included in the plan, and within 45 reliable, toll-free telephone number within 4 are responsible for implementing the provi- days after receiving items newly included in hours after such an accident occurs, and for a modified plan, the Secretary shall either sions of this Act. providing staff, to handle calls from the fam- approve the modified plan, or, if the Sec- SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS. ilies of the passengers. retary finds the plan is still incomplete or (a) LIFE-SAFETY NEEDS.—The Secretary of ‘‘(3) A process for notifying the families of deficient, the Secretary shall identify in the passengers, before providing any public Transportation is authorized to make grants writing to the Senate Committee on Com- to Amtrak for the purpose of making fire merce, Science, and Transportation and the notice of the names of the passengers, by and life-safety improvements to Amtrak House of Representatives Committee on suitably trained individuals. tunnels on the Northeast Corridor in New Transportation and Infrastructure the por- ‘‘(4) A process for providing the notice de- York, NY, Baltimore, MD, and Washington, tions of the plan the Secretary finds incom- scribed in paragraph (2) to the family of a DC. plete or deficient, approve all other portions passenger as soon as Amtrak has verified (b) AUTHORIZATION OF APPROPRIATIONS.— of the plan, obligate the funds associated that the passenger was aboard the train There are authorized to be appropriated to with those other portions, and execute an (whether or not the names of all of the pas- the Secretary of Transportation for the pur- agreement with Amtrak within 15 days sengers have been verified). poses of carrying out subsection (a) the fol- thereafter on a process for resolving the re- ‘‘(5) A process by which the family of each lowing amounts: maining portions of the plan. passenger will be consulted about the dis- (1) For the 6 New York tunnels to provide (g) FINANCIAL CONTRIBUTION FROM OTHER position of all remains and personal effects ventilation, electrical, and fire safety tech- TUNNEL USERS.—The Secretary shall, taking of the passenger within Amtrak’s control; nology upgrades, emergency communication into account the need for the timely comple- that any possession of the passenger within and lighting systems, and emergency access tion of all portions of the tunnel projects de- Amtrak’s control will be returned to the and egress for passengers— scribed in subsection (a)— family unless the possession is needed for the (A) $100,000,000 for fiscal year 2005; (1) consider the extent to which rail car- accident investigation or any criminal inves- (B) $100,000,000 for fiscal year 2006; riers other than Amtrak use the tunnels; tigation; and that any unclaimed possession (C) $100,000,000 for fiscal year 2007; (2) consider the feasibility of seeking a fi- of a passenger within Amtrak’s control will (D) $100,000,000 for fiscal year 2008; and nancial contribution from those other rail be retained by the rail passenger carrier for (E) $170,000,000 for fiscal year 2009. carriers toward the costs of the projects; and at least 18 months. (2) For the Baltimore & Potomac tunnel (3) obtain financial contributions or com- ‘‘(6) A process by which the treatment of and the Union tunnel, together, to provide mitments from such other rail carriers at the families of nonrevenue passengers will be S10284 CONGRESSIONAL RECORD — SENATE October 1, 2004 the same as the treatment of the families of retary of Homeland Security for Border and (1) in excess of $65,000,000 to Amtrak; or revenue passengers. Transportation Security $63,500,000 for fiscal (2) in excess of $100,000,000 for the purposes ‘‘(7) An assurance that Amtrak will pro- year 2005 for the purposes of carrying out described in paragraphs (3) and (5) of sub- vide adequate training to its employees and this section. Amounts appropriated pursuant section (a). agents to meet the needs of survivors and to this subsection shall remain available (f) AUTHORIZATION OF APPROPRIATIONS.— family members following an accident. until expended. There are authorized to be appropriated to ‘‘(c) USE OF INFORMATION.—The National SEC. 11. FREIGHT AND PASSENGER RAIL SECU- the Under Secretary of Homeland Security Transportation Safety Board, the Secretary RITY UPGRADES. for Border and Transportation Security of Transportation, and Amtrak may not re- (a) SECURITY IMPROVEMENT GRANTS.—The $350,000,000 for fiscal year 2005 to carry out lease to any person information on a list ob- Under Secretary of Homeland Security for the purposes of this section. Amounts appro- tained under subsection (b)(1) but may pro- Border and Transportation Security is au- priated pursuant to this subsection shall re- vide information on the list about a pas- thorized to make grants to freight railroads, main available until expended. senger to the family of the passenger to the the Alaska Railroad, hazardous materials (g) HIGH HAZARD MATERIALS DEFINED.—In extent that the Board or Amtrak considers shippers, owners of rail cars used in the this section, the term ‘‘high hazard mate- appropriate. transportation of hazardous materials, uni- rials’’ means poison inhalation hazard mate- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak versities, colleges and research centers, rials, Class 2.3 gases, Class 6.1 materials, and shall not be liable for damages in any action State and local governments (for passenger anhydrous ammonia. facilities and infrastructure not owned by brought in a Federal or State court arising SEC. 12. OVERSIGHT AND GRANT PROCEDURES. out of the performance of Amtrak in pre- Amtrak), and, through the Secretary of Transportation, to Amtrak, for full or par- (a) SECRETARIAL OVERSIGHT.—The Sec- paring or providing a passenger list, or in tial reimbursement of costs incurred in the retary of Transportation may use up to 0.5 providing information concerning a train conduct of activities to prevent or respond to percent of amounts made available to Am- reservation, pursuant to a plan submitted by acts of terrorism, sabotage, or other inter- trak for capital projects under the Rail Secu- Amtrak under subsection (b), unless such li- city passenger rail and freight rail security rity Act of 2004 to enter into contracts for ability was caused by Amtrak’s conduct. threats, including— the review of proposed capital projects and ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- (1) security and redundancy for critical related program management plans and to TION.—Nothing in this section may be con- communications, computer, and train con- oversee construction of such projects. strued as limiting the actions that Amtrak trol systems essential for secure rail oper- (b) USE OF FUNDS.—The Secretary may use may take, or the obligations that Amtrak ations; amounts available under subsection (a) of may have, in providing assistance to the (2) accommodation of cargo or passenger this subsection to make contracts for safety, families of passengers involved in a rail pas- screening equipment at the United States- procurement, management, and financial senger accident. Mexico border or the United States-Canada compliance reviews and audits of a recipient ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— border; of amounts under subsection (a). There are authorized to be appropriated to (3) the security of hazardous material (c) PROCEDURES FOR GRANT AWARD.—The the Secretary of Transportation for the use transportation by rail; Under Secretary shall prescribe procedures of Amtrak $500,000 for fiscal year 2005 to (4) secure intercity passenger rail stations, and schedules for the awarding of grants carry out this section. Amounts appro- trains, and infrastructure; under this Act, including application and priated pursuant to this subsection shall re- (5) structural modification or replacement qualification procedures (including a re- main available until expended.’’. of rail cars transporting high hazard mate- quirement that the applicant have a security (b) CONFORMING AMENDMENT.—The chapter rials to improve their resistance to acts of plan), and a record of decision on applicant analysis for chapter 243 of title 49, United terrorism; eligibility. The procedures shall include the States Code, is amended by adding at the end (6) employee security awareness, prepared- execution of a grant agreement between the the following: ness, passenger evacuation, and emergency grant recipient and the Under Secretary. The ‘‘Sec. response training; Under Secretary shall issue a final rule es- ‘‘24316. Plan to assist families of passengers (7) public security awareness campaigns for tablishing the procedures not later than 90 involved in rail passenger acci- passenger train operations; days after the date of enactment of this Act. dents.’’. (8) the sharing of intelligence and informa- SEC. 13. RAIL SECURITY RESEARCH AND DEVEL- SEC. 10. SYSTEMWIDE AMTRAK SECURITY UP- tion about security threats; OPMENT. GRADES. (9) to obtain train tracking and interoper- (a) ESTABLISHMENT OF RESEARCH AND DE- (a) IN GENERAL—Subject to subsection (c), able communications systems that are co- VELOPMENT PROGRAM.—The Under Secretary the Under Secretary of Homeland Security ordinated to the maximum extent possible; of Homeland Security for Border and Trans- for Border and Transportation Security is (10) to hire additional police and security portation Security, in conjunction with the authorized to make grants, through the Sec- officers, including canine units; and Secretary of Transportation, shall carry out retary of Transportation, to Amtrak— (11) other improvements recommended by a research and development program for the (1) to secure major tunnel access points the report required by section 2, including purpose of improving freight and intercity and ensure tunnel integrity in New York, infrastructure, facilities, and equipment up- passenger rail security that may include re- Baltimore, and Washington, DC; grades. search and development projects to— (2) to secure Amtrak trains; (b) ACCOUNTABILITY.—The Under Secretary (1) reduce the vulnerability of passenger (3) to secure Amtrak stations; shall adopt necessary procedures, including trains, stations, and equipment to explosives (4) to obtain a watch list identification audits, to ensure that grants made under and hazardous chemical, biological, and ra- system approved by the Under Secretary; this section are expended in accordance with dioactive substances; (5) to obtain train tracking and interoper- the purposes of this Act and the priorities (2) test new emergency response techniques able communications systems that are co- and other criteria developed by the Under and technologies; ordinated to the maximum extent possible; Secretary. (3) develop improved freight technologies, (6) to hire additional police and security (c) EQUITABLE ALLOCATION.—The Under including— officers, including canine units; and Secretary shall equitably distribute the (A) technologies for sealing rail cars; (7) to expand emergency preparedness ef- funds authorized by this section, taking into (B) automatic inspection of rail cars; forts. account geographic location, and shall en- (C) communication-based train controls; (b) CONDITIONS.—The Secretary of Trans- courage non-Federal financial participation and portation may not disburse funds to Amtrak in awarding grants. With respect to grants (D) emergency response training; under subsection (a) unless the projects are for passenger rail security, the Under Sec- (4) test wayside detectors that can detect contained in a systemwide security plan ap- retary shall also take into account passenger tampering with railroad equipment; and volume and whether a station is used by proved by the Under Secretary, in consulta- (5) support enhanced security for the trans- commuter rail passengers as well as inter- tion with the Secretary of Transportation, portation of hazardous materials by rail, in- city rail passengers. and, for capital projects, meet the require- cluding— (d) CONDITIONS.—The Secretary of Trans- ments of section 7(e)(2). The plan shall in- portation may not disburse funds to Amtrak (A) technologies to detect a breach in a clude appropriate measures to address secu- under subsection (a) unless Amtrak meets tank car and transmit information about the rity awareness, emergency response, and pas- the conditions set forth in section 10(b) of integrity of tank cars to the train crew; senger evacuation training. this Act. (B) research to improve tank car integrity, (c) EQUITABLE GEOGRAPHIC ALLOCATION.— (e) ALLOCATION BETWEEN RAILROADS AND with a focus on tank cars that carry high The Under Secretary shall ensure that, sub- OTHERS.—Unless as a result of the assess- hazard materials (as defined in section 11(g) ject to meeting the highest security needs on ment required by section 2 the Under Sec- of this Act; Amtrak’s entire system, stations and facili- retary of Homeland Security for Border and (C) techniques to transfer hazardous mate- ties located outside of the Northeast Cor- Transportation Security determines that rials from rail cars that are damaged or oth- ridor receive an equitable share of the secu- critical rail transportation security needs re- erwise represent an unreasonable risk to rity funds authorized by this section. quire reimbursement in greater amounts to human life or public safety; (d) AVAILABILITY OF FUNDS.—There are au- any eligible entity, no grants under this sec- (6) other projects recommended in the re- thorized to be appropriated to the Under Sec- tion may be made— port required by section 2. October 1, 2004 CONGRESSIONAL RECORD — SENATE S10285

(b) COORDINATION WITH OTHER RESEARCH SEC. 15. NORTHERN BORDER RAIL PASSENGER eign commerce may discharge a railroad em- INITIATIVES.—The Under Secretary of Home- REPORT. ployee or otherwise discriminate against a land Security for Border and Transportation Within 180 days after the date of enact- railroad employee because the employee (or Security shall ensure that the research and ment of this Act, the Under Secretary of any person acting pursuant to a request of development program authorized by this sec- Homeland Security for Border and Transpor- the employee)— tion is coordinated with other research and tation Security, in consultation with the (1) provided, caused to be provided, or is development initiatives at the Department heads of other appropriate Federal depart- about to provide or cause to be provided, to and the Department of Transportation. The ments and agencies and the National Rail- the employer or the Federal Government in- Under Secretary of Homeland Security for road Passenger Corporation, shall transmit a formation relating to a perceived threat to Border and Transportation Security shall report to the Senate Committee on Com- security; or merce, Science, and Transportation and the carry out any research and development ‘‘(2) provided, caused to be provided, or is House of Representatives Committee on project authorized by this section through a about to provide or cause to be provided, tes- Transportation and Infrastructure that con- reimbursable agreement with the Secretary timony before Congress or at any Federal or tains— of Transportation if the Secretary of Trans- State proceeding regarding a perceived (1) a description of the current system for portation— threat to security; or screening passengers and baggage on pas- (1) is already sponsoring a research and de- ‘‘(3) refused to violate or assist in the vio- senger rail service between the United States velopment project in a similar area; or and Canada; lation of any law, rule or regulation related (2) has a unique facility or capability that (2) an assessment of the current program to rail security. would be useful in carrying out the project. to provide preclearance of airline passengers ‘‘(b) DISPUTE RESOLUTION.—A dispute, (c) ACCOUNTABILITY.—The Under Secretary between the United States and Canada as grievance, or claim arising under this sec- shall adopt necessary procedures, including outlined in ‘‘The Agreement on Air Trans- tion is subject to resolution under section 3 audits, to ensure that grants made under port Preclearance between the Government of the Railway Labor Act (45 U.S.C. 153). In this section are expended in accordance with of Canada and the Government of the United a proceeding by the National Railroad Ad- the purposes of this Act and the priorities States of America’’, dated January 18, 2001; justment Board, a division or delegate of the and other criteria developed by the Under (3) an assessment of the current program Board, or another board of adjustment estab- Secretary. to provide preclearance of freight railroad lished under section 3 to resolve the dispute, (d) AUTHORIZATION OF APPROPRIATIONS.— traffic between the United States and Can- grievance, or claim the proceeding shall be There are authorized to be appropriated to ada as outlined in the ‘‘Declaration of Prin- expedited and the dispute, grievance, or the Under Secretary of Homeland Security ciple for the Improved Security of Rail Ship- claim shall be resolved not later than 180 for Border and Transportation Security ments by Canadian National Railway and days after it is filed. If the violation is a $50,000,000 in each of fiscal years 2005 and 2006 Canadian Pacific Railway from Canada to form of discrimination that does not involve to carry out the purposes of this section. the United States’’, dated April 2, 2003; discharge, suspension, or another action af- Amounts appropriated pursuant to this sub- (4) information on progress by the Depart- fecting pay, and no other remedy is available section shall remain available until ex- ment of Homeland Security and other Fed- under this subsection, the Board, division, pended. eral agencies towards finalizing a bilateral delegate, or other board of adjustment may SEC. 14. WELDED RAIL AND TANK CAR SAFETY protocol with Canada that would provide for award the employee reasonable damages, in- IMPROVEMENTS. preclearance of passengers on trains oper- cluding punitive damages, of not more than (a) TRACK STANDARDS.—Within 90 days ating between the United States and Canada; $20,000. after the date of enactment of this Act, the (5) a description of legislative, regulatory, ‘‘(c) PROCEDURAL REQUIREMENTS.—Except Federal Railroad Administration shall— budgetary, or policy barriers within the as provided in subsection (b), the procedure (1) require each track owner using contin- United States Government to providing pre- set forth in section 42121(b)(2)(B) of this title, uous welded rail track to include procedures screened passenger lists for rail passengers including the burdens of proof, applies to any (in its procedures filed with the Administra- travelling between the United States and complaint brought under this section. tion pursuant to section 213.119 of title 49, Canada to the Department of Homeland Se- ‘‘(d) ELECTION OF REMEDIES.—An employee Code of Federal Regulations) to improve the curity; of a railroad carrier may not seek protection identification of cracks in rail joint bars; (6) a description of the position of the Gov- under both this section and another provi- (2) instruct Administration track inspec- ernment of Canada and relevant Canadian sion of law for the same allegedly unlawful tors to obtain copies of the most recent con- agencies with respect to preclearance of such act of the carrier. tinuous welded rail programs of each rail- passengers; and ‘‘(e) DISCLOSURE OF IDENTITY.— road within the inspectors’ areas of responsi- (7) a draft of any changes in existing Fed- ‘‘(1) Except as provided in paragraph (2) of bility and require that inspectors use those eral law necessary to provide for pre-screen- this subsection, or with the written consent programs when conducting track inspec- ing of such passengers and providing pre- of the employee, the Secretary of Transpor- tions; and screened passenger lists to the Department tation may not disclose the name of an em- (3) establish a program to periodically re- of Homeland Security. ployee of a railroad carrier who has provided view continuous welded rail joint bar inspec- SEC. 16. REPORT REGARDING IMPACT ON SECU- information about an alleged violation of tion data from railroads and Administration RITY OF TRAIN TRAVEL IN COMMU- this section. track inspectors and, whenever the Adminis- NITIES WITHOUT GRADE SEPARA- ‘‘(2) The Secretary shall disclose to the At- TION. tration determines that it is necessary or ap- torney General the name of an employee de- (a) STUDY.—The Secretary of Homeland Se- scribed in paragraph (1) of this subsection if propriate, require railroads to increase the curity shall, in consultation with State and frequency or improve the methods of inspec- the matter is referred to the Attorney Gen- local government officials, conduct a study eral for enforcement.’’. tion of joint bars in continuous welded rail. on the impact of blocked highway-railroad (b) TANK CAR STANDARDS.—The Federal (b) CONFORMING AMENDMENT.—The chapter grade crossings on the ability of emergency analysis for chapter 201 of title 49, United Railroad Administration shall— responders, including ambulances and police, States Code, is amended by inserting after (1) within 1 year after the date of enact- fire, and other emergency vehicles, to per- the item relating to section 20115 the fol- ment of this Act, validate the predictive form public safety and security duties in the lowing: model it is developing to quantify the rel- event of a terrorist attack. evant dynamic forces acting on railroad tank (b) REPORT.—Not later than 1 year after ‘‘20116. Whistleblower protection for rail se- cars under accident conditions; and the date of enactment of this Act, the Sec- curity matters.’’. (2) within 18 months after the date of en- retary of Homeland Security shall submit a f actment of this Act, initiate a rulemaking to report to the Committee on Transportation develop and implement appropriate design and Infrastructure of the House of Rep- PUBLIC TRANSPORTATION TER- standards for pressurized tank cars. resentatives and the Committee on Com- RORISM PREVENTION ACT OF (c) OLDER TANK CAR IMPACT RESISTANCE merce, Science, and Transportation of the 2004 ANALYSIS AND REPORT.—Within 2 years after Senate on the findings of the study con- the date of enactment of this Act, the Fed- ducted under subsection (a) and rec- Mr. FRIST. Mr. President, I ask eral Railroad Administration shall— ommendations for reducing the impact of unanimous consent that the Senate (1) conduct a comprehensive analysis to de- blocked crossings on emergency response. proceed to the immediate consider- termine the impact resistance of the steels SEC. 17. WHISTLEBLOWER PROTECTION PRO- ation of S. 2884 that was introduced in the shells of pressure tank cars con- GRAM. earlier today. (a) IN GENERAL.—Subchapter A of chapter structed before 1989; and The PRESIDING OFFICER. The (2) transmit a report to the Senate Com- 201 of title 49, United States Code, is amend- mittee on Commerce, Science, and Transpor- ed by inserting after section 20115 the fol- clerk will report the bill by title. tation and the House of Representatives lowing: The legislative clerk read as follows: Committee on Transportation and Infra- ‘‘§ 20116. Whistleblower protection for rail se- A bill (S. 2884) to authorize the Secretary structure with recommendations for meas- curity matters of Homeland Security to award grants to ures to eliminate or mitigate the risk of cat- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— public transportation agencies to improve astrophic failure. No rail carrier engaged in interstate or for- security, and for other purposes. S10286 CONGRESSIONAL RECORD — SENATE October 1, 2004 There being no objection, the Senate (1) establish a process to develop security (1) IN GENERAL.—The Secretary of Home- proceeded to consider the bill. standards for public transportation agencies; land Security shall award grants directly to Mr. FRIST. I ask unanimous consent (2) establish funding priorities for grants public transportation agencies for allowable that the bill be read the third time and from the Department of Homeland Security capital security improvements based on the passed, the motion to reconsider be to public transportation agencies; priorities established under section 4(a)(4). (3) create a method of direct coordination (2) ALLOWABLE USE OF FUNDS.—Grants laid upon the table, and any state- with public transportation agencies on secu- awarded under paragraph (1) may be used ments related to this bill be printed in rity matters; for— the RECORD. (4) address any other issues determined to (A) tunnel protection systems; The PRESIDING OFFICER. Without be appropriate by the Secretary of Transpor- (B) perimeter protection systems; objection, it is so ordered. tation and the Secretary of Homeland Secu- (C) redundant critical operations control The bill (S. 2884) was read the third rity; and systems; time and passed, as follows: (5) include a formal and permanent mecha- (D) chemical, biological, radiological, or S. 2884 nism to ensure coordination and involve- explosive detection systems; ment by the Department of Transportation, (E) surveillance equipment; Be it enacted by the Senate and House of Rep- as appropriate, in public transportation se- (F) communications equipment; resentatives of the United States of America in curity. (G) emergency response equipment; Congress assembled, SEC. 4. SECURITY ASSESSMENTS. (H) fire suppression and decontamination SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) PUBLIC TRANSPORTATION SECURITY AS- equipment; (a) SHORT TITLE.—This Act may be cited as SESSMENTS.— (I) global positioning or automated vehicle the ‘‘Public Transportation Terrorism Pre- (1) SUBMISSION.—Not later than 30 days locator type system equipment; vention Act of 2004’’. after the date of enactment of this Act, the (J) evacuation improvements; and (b) TABLE OF CONTENTS.—The table of con- Federal Transit Administration of the De- (K) other capital security improvements. tents for this Act is as follows: partment of Transportation shall submit all (b) OPERATIONAL SECURITY ASSISTANCE Sec. 1. Short title; table of contents. public transportation security assessments PROGRAM.— Sec. 2. Findings and purpose. and all other relevant information to the De- (1) IN GENERAL.—The Secretary of Home- Sec. 3. Memorandum of understanding. land Security shall award grants directly to Sec. 4. Security assessments. partment of Homeland Security. (2) REVIEW.—The Secretary of Homeland public transportation agencies for allowable Sec. 5. Security assistance grants. operational security improvements based on Sec. 6. Intelligence sharing. Security shall review and augment the secu- the priorities established under section Sec. 7. Research, development, and dem- rity assessments received under paragraph 4(a)(4). onstration grants. (1). Sec. 8. Reporting requirements. (3) ALLOCATIONS.—The assessments de- (2) ALLOWABLE USE OF FUNDS.—Grants Sec. 9. Authorization of appropriations. scribed in paragraph (1) shall be used as the awarded under paragraph (1) may be used Sec. 10. Sunset provision. basis for allocating grant funds under sec- for— SEC. 2. FINDINGS AND PURPOSE. tion 5, unless the Secretary of Homeland Se- (A) security training for transit employees, (a) FINDINGS.—Congress finds that— curity determines that an adjustment is nec- including bus and rail operators, mechanics, (1) throughout the world, public transpor- essary to respond to an urgent threat or customer service, maintenance employees, tation systems have been a primary target of other significant factors, after notification transit police, and security personnel; terrorist attacks, causing countless death to the Committee on Banking, Housing, and (B) live or simulated drills; and injuries; Urban Affairs of the Senate. (C) public awareness campaigns for en- (2) 6,000 public transportation agencies op- (4) SECURITY IMPROVEMENT PRIORITIES.— hanced public transportation security; erate in the United States; The Secretary of Homeland Security shall (D) canine patrols for chemical, biological, (3) 14,000,000 people in the United States establish security improvement priorities, in or explosives detection; ride public transportation each work day; consultation with the management and em- (E) overtime reimbursement for enhanced (4) safe and secure public transportation ployee representatives of each public trans- security personnel during significant na- systems are essential to the Nation’s econ- portation system receiving an assessment tional and international public events, con- omy and for significant national and inter- that will be used by public transportation sistent with the priorities established under national public events; agencies for any funding provided under sec- section 4(a)(4); and (5) the Federal Transit Administration has tion 5. (F) other appropriate security improve- invested $68,700,000,000 since 1992 for con- (5) UPDATES.—The Secretary of Homeland ments identified under section 4(a)(4), ex- struction and improvements to the Nation’s Security shall annually update the assess- cluding routine, ongoing personnel costs. (c) CONGRESSIONAL NOTIFICATION.—Not public transportation systems; ments referred to in this subsection and con- later than 3 days before any grant is awarded (6) the Federal Government appropriately duct assessments of all transit agencies con- under this section, the Secretary of Home- invested $11,000,000,000 in fiscal years 2002 sidered to be at greatest risk of a terrorist land Security shall notify the Committee on and 2003 to protect our Nation’s aviation sys- attack. Banking, Housing, and Urban Affairs of the tem and its 1,800,000 daily passengers; (b) USE OF ASSESSMENT INFORMATION.—The Senate of the intent to award such grant. Secretary of Homeland Security shall use (7) the Federal Government invested (d) TRANSIT AGENCY RESPONSIBILITIES.— $115,000,000 in fiscal years 2003 and 2004 to the information collected under subsection Each public transportation agency that re- protect public transportation systems in the (a)— ceives a grant under this section shall— United States; (1) to establish the process for developing (1) identify a security coordinator to co- (8) the Federal Government has invested security guidelines for public transportation ordinate security improvements; $9.16 in aviation security improvements per security; (2) develop a comprehensive plan that dem- passenger, but only $0.006 in public transpor- (2) to design a security improvement strat- onstrates the agency’s capacity for operating tation security improvements per passenger; egy that minimizes terrorist threats to pub- and maintaining the equipment purchased (9) the General Accounting Office, the Mi- lic transportation systems; and under this subsection; and neta Institute for Surface Transportation (3) to design a security improvement strat- (3) report annually to the Department of Policy Studies, the American Public Trans- egy that maximizes the efforts of public Homeland Security on the use of grant funds portation Association, and other experts transportation systems to mitigate damage received under this section. have reported an urgent need for significant from terrorist attacks. (e) RETURN OF MISSPENT GRANT FUNDS.—If investment in transit security improve- (c) BUS PUBLIC TRANSPORTATION SYS- the Secretary of Homeland Security deter- ments; and TEMS.—The Secretary of Homeland Security mines that a grantee used any portion of the (10) the Federal Government has a duty to shall conduct assessments of local bus-only grant funds received under this section for a deter and mitigate, to the greatest extent public transportation systems to determine purpose other than the allowable uses speci- practicable, threats against the Nation’s the specific needs of this form of public fied for that grant under this section, the public transportation systems. transportation that are appropriate to the grantee shall return any amount so used to SEC. 3. MEMORANDUM OF UNDERSTANDING. size and nature of the bus system. the Treasury of the United States. (a) IN GENERAL.—Not later than 45 days (d) RURAL PUBLIC TRANSPORTATION SYS- SEC. 6. INTELLIGENCE SHARING. TEMS after the date of enactment of this Act, the .—The Secretary of Homeland Security (a) INTELLIGENCE SHARING.—The Secretary Secretary of Transportation shall enter into shall conduct assessments of selected public of Homeland Security shall ensure that the a memorandum of understanding with the transportation systems that receive funds Department of Transportation receives ap- Secretary of Homeland Security to define under section 5311 of title 49, United States propriate and timely notification of all cred- and clarify the respective public transpor- Code, to determine the specific needs of this ible terrorist threats against public trans- tation security roles and responsibilities of form of public transportation that are appro- portation assets in the United States. the Department of Transportation and the priate to the size and nature of the system. (b) INFORMATION SHARING ANALYSIS CEN- Department of Homeland Security. SEC. 5. SECURITY ASSISTANCE GRANTS. TER.— (b) CONTENTS.—The memorandum of under- (a) CAPITAL SECURITY ASSISTANCE PRO- (1) ESTABLISHMENT.—The Department of standing described in subsection (a) shall— GRAM.— Homeland Security shall fund the reasonable October 1, 2004 CONGRESSIONAL RECORD — SENATE S10287 costs of the Information Sharing and Anal- retary of Homeland Security shall submit a first series of votes on Monday. Mon- ysis Center for Public Transportation (re- report to the governor of each State in which day will be a very, very busy day, and ferred to in this subsection as the ‘‘ISAC’’) a transit agency that has received a grant there are likely to be many more votes established pursuant to Presidential Direc- under this Act is operating that specifies the after these stacked votes over the tive 63 to protect critical infrastructure. amount of grant funds distributed to each (2) PUBLIC TRANSPORTATION AGENCY PAR- such transit agency and the use of such course of the day into the evening. In TICIPATION.—The Secretary of Homeland Se- grant funds. all likelihood, we will be voting and de- curity— SEC. 9. AUTHORIZATION OF APPROPRIATIONS. bating well into the evening on Mon- (A) shall require those public transpor- (a) CAPITAL SECURITY ASSISTANCE PRO- day in order that we can complete this tation agencies that the Secretary deter- GRAM.—There are authorized to be appro- bill early next week. mines to be at significant risk of terrorist priated $2,370,000,000 for fiscal year 2005 to The cloture motion I filed a few min- attack to participate in the ISAC; carry out the provisions of section 5(a), utes ago will ripen on Tuesday morn- (B) shall encourage all other public trans- which shall remain available until expended. ing, and that will determine the re- portation agencies to participate in the (b) OPERATIONAL SECURITY ASSISTANCE maining action on this bill. Again, I ISAC; and PROGRAM.—There are authorized to be appro- (C) shall not charge any public transpor- priated to carry out the provisions of section will remind everyone that upon com- tation agency a fee for participation in the 5(b)— pletion of this legislation, the pending ISAC. (1) $534,000,000 for fiscal year 2005; legislation, the Collins-Lieberman bill, SEC. 7. RESEARCH, DEVELOPMENT, AND DEM- (2) $333,000,000 for fiscal year 2006; and which focuses on executive reforms, we ONSTRATION GRANTS. (3) $133,000,000 for fiscal year 2007. will also address the Senate intel- (a) GRANTS AUTHORIZED.—The Secretary of (c) INTELLIGENCE.—There are authorized to ligence reforms next week. Homeland Security, in consultation with the be appropriated such sums as may be nec- Federal Transit Administration, shall award As you can tell, there is a lot of work essary to carry out the provisions of section that needs to be done before the Senate grants to public or private entities to con- 6. duct research into, and demonstration of, (d) RESEARCH.—There are authorized to be adjourns. We will adjourn next Friday technologies and methods to reduce and appropriated $130,000,000 for fiscal year 2005 on October 8 after we address both of deter terrorist threats or mitigate damages to carry out the provisions of section 7, these issues. Again, I want to stress we resulting from terrorist attacks against pub- which shall remain available until expended. have both of these important pieces of lic transportation systems. SEC. 10. SUNSET PROVISION. legislation we will address before de- (b) USE OF FUNDS.—Grants awarded under subsection (a) may be used for— This Act is repealed on October 1, 2007. parting. Thus, I anticipate very busy (1) researching chemical, biological, radio- f sessions between now and next Friday. As I mentioned earlier, we have had a logical, or explosive detection systems that ORDERS FOR MONDAY, OCTOBER 4, do not significantly impede passenger access; very busy week, a very productive 2004 (2) researching imaging technologies; week. I thank all of our colleagues on (3) conducting product evaluations and Mr. FRIST. Mr. President, I ask both sides of the aisle for their pa- testing; and unanimous consent that when the Sen- tience and for their hard work. I thank (4) researching other technologies or meth- ate completes its business today, it ad- the Presiding Officer, the Senator from ods for reducing or deterring terrorist at- journ until 10 a.m. on Monday, October Alabama, for his commitment this tacks against public transportation systems, 4. I further ask consent that following or mitigating damage from such attacks. afternoon, and now into the evening, (c) REPORTING REQUIREMENT.—Each entity the prayer and pledge, the morning and for his steady hand at the gavel. that receives a grant under this section shall hour be deemed expired, the Journal of I wish all a restful weekend. report annually to the Department of Home- proceedings be approved to date, the land Security on the use of grant funds re- time for the two leaders be reserved, f ceived under this section. and that there then be a period of (d) RETURN OF MISSPENT GRANT FUNDS.—If morning business for up to 60 minutes, the Secretary of Homeland Security deter- ADJOURNMENT UNTIL MONDAY, mines that a grantee used any portion of the with the first 30 minutes under the OCTOBER 4, 2004, AT 10 A.M. grant funds received under this section for a control of the minority leader or his Mr. FRIST. Mr. President, if there is purpose other than the allowable uses speci- designee and the second 30 minutes no further business to come before the fied under subsection (b), the grantee shall under the control of the majority lead- Senate, I ask unanimous consent that return any amount so used to the Treasury er or his designee; provided further of the United States. the Senate stand in adjournment under that following morning business, the the previous order. SEC. 8. REPORTING REQUIREMENTS. Senate resume consideration of S. 2845, (a) ANNUAL REPORT TO CONGRESS.—Not There being no objection, the Senate, the intelligence reform bill. later than March 31 of each year, the Sec- at 6:19 p.m., adjourned until Monday, The PRESIDING OFFICER. Without retary of Homeland Security shall submit a October 4, 2004, at 10 a.m. report, which describes the implementation objection, it is so ordered. of section 4 through 7, and the state of public f f transportation security in the United States, PROGRAM to— CONFIRMATION (1) the Committee on Banking, Housing, Mr. FRIST. Mr. President, for the in- and Urban Affairs of the Senate; formation of all Senators, on Monday Executive nomination confirmed by (2) the Committee on Governmental Af- the Senate will resume consideration the Senate October 1, 2004: fairs of the Senate; and of the intelligence reform bill. Under INTERNATIONAL MONETARY FUND (3) the Committee on Appropriations of the Senate. the order, there will be a series of ALAN GREENSPAN, OF NEW YORK, TO BE UNITED stacked votes beginning at 4:15 on Mon- STATES ALTERNATE GOVERNOR OF THE INTER- (b) ANNUAL REPORT TO GOVERNORS.—Not NATIONAL MONETARY FUND FOR A TERM OF FIVE later than March 31 of each year, the Sec- day. That will be, in all likelihood, the YEARS. October 1, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1761 EXTENSIONS OF REMARKS

RECOGNIZING COMCAST CARES HONORING CHRIST OUR SAVIOR Western Colorado Botanical Gardens, and still DAY LUTHERAN SCHOOL’S AMERICAN sees patients at Women’s Health care of SPIRIT TOWARD THE VICTIMS OF Western Colorado. This year the Lion’s Club THE BESLAN SCHOOL TRAGEDY in Grand Junction named Paul as Lion of the HON. JIM GERLACH Year for his commitment to the community. Mr. Speaker, it is a privilege to honor Paul OF PENNSYLVANIA HON. MICHAEL C. BURGESS Jones for his service to the citizens of Grand OF TEXAS IN THE HOUSE OF REPRESENTATIVES Junction. As a doctor, and community leader IN THE HOUSE OF REPRESENTATIVES Paul has always been there, and it is with Thursday, September 30, 2004 Thursday, September 30, 2004 great pleasure to recognize him today before Mr. GERLACH. Mr. Speaker, I rise today to Mr. BURGESS. Mr. Speaker, today, I would this body of Congress and this nation. Thank you Paul, I wish you well in all of your future honor the Comcast Cable Communications for like to say thank you to one of my hometown endeavors. their contributions to community fellowship and schools, Christ Our Savior Lutheran School in Coppell, Texas. The students of Christ Our f well-being as demonstrated in their unique Savior enthusiastically participated in a card CHARLES FLOWERS, SR. one-day Comcast Cares community project. giving program for the victims of the Beslan Comcast began their tradition of volunteer school tragedy. service in 1997 when Comcast employees and Before departing for my mission to Russia, HON. KEVIN BRADY OF TEXAS their families participated in the Philadelphia I asked several local schools. Today, I would IN THE HOUSE OF REPRESENTATIVES Cares Day. The Philadelphia Cares Day like to say thank you to one of my hometown began as a day of city-wide community serv- schools, Christ Our Savior if they would like to Thursday, September 30, 2004 ice in the Comcast headquarters hometown. create, draw, color or write greeting cards to Mr. BRADY of Texas. Mr. Speaker, during As the number of employees continued to the survivors and grieving families. The re- the 2004 Fallen Fire Heroes Memorial Week- sponse was overwhelming. I was honored to grow at Comcast, so did the number of end, our nation will come together to honor be able to present hundreds of colorful cards Comcast volunteers. The Comcast volunteers the 107 firefighters who perished in the line of to patients and families. duty last year. Regretfully, eight Texas fire- are well-known for their enthusiasm, dedica- During my time in Russia, I had the oppor- fighters lost their lives, two of whom are from tion, and for contributions to their community. tunity to visit survivors recuperating at two the 8th Congressional District. In 2001, the spirit of volunteerism and com- hospitals. The visits were moving and tearful, We are not here to mourn the loss as much munity grew and the Philadelphia Cares Day but you could see the hearts of American stu- as we are here to celebrate the lives of these became company-wide, spread across the dents truly shining in the eyes of the Russian dedicated heroes that serve selflessly in the country, and was renamed Comcast Cares children. I was truly privileged to represent the worst of conditions to keep us safe. We cele- Day. Six thousand, one hundred Comcast em- United States, and especially grateful to be brate their commitment, their compassion and able to share wonderful cards full of encour- ployees participated in over 120 non-profit their courage. So many hours of training; days agement and joy. and nights of service; time away from their community projects in 26 states. This new ini- Again, thank you, the students of Christ Our families and friends; comradery with their tiative gave Comcast the ability to show their Savior Lutheran School for your kindhearted- brothers; lives and homes saved . . . it is im- commitment and dedication to each commu- ness and thoughtfulness. Your words strongly possible to put into words our gratitude for nity that it serves. conveyed the spirit of the American people these heroes in our lives and our commu- In Comcast’s home state of Pennsylvania, and our commitment to build relations with nities. Comcast employees worked on 13 different countries dedicated to combating global ter- Charles Flowers, Sr. of the New Caney Vol- projects throughout the state. In Pottstown, rorism. unteer Fire Department will have his name Pennsylvania, 125 Comcast employees f added to the plaques surrounding the National Fallen Firefighters Memorial Park just outside partnered with the Rickets Community Center PAYING TRIBUTE TO PAUL JONES of Washington, D.C. this weekend. and the Pottstown School District to paint and Charles Flowers, Sr., a veteran firefighter for landscape the Pottstown High School, the HON. SCOTT McINNIS over 25 years died while responding to a Pottstown Middle School, and the Community OF COLORADO motor vehicle accident with a victim pinned in Center. Volunteers also worked in Reading, IN THE HOUSE OF REPRESENTATIVES the vehicle. He collapsed from an apparent Pennsylvania with the South Mountain YMCA heart attack after actively attempting to free Thursday, September 30, 2004 to clear trails, rebuild a rock-climbing wall, and the victim from the vehicle. Flowers was well worked on general clean-up for Camp Conrad Mr. MCINNIS. Mr. Speaker, it is with great known and loved by this community. He Weiser. pride that I rise today to pay tribute to Paul served the New Caney Volunteer Fire Depart- Jones, a terrific community leader from Grand ment as Chief, Captain, and finally as Assist- It was also in 2001 that Comcast received Junction, Colorado. Paul moved to Colorado ant Chief. He was also a representative to the a total of 11 awards in recognition for their and became this small town’s only obstetri- Montgomery County Fire Chiefs Association multiple community service initiatives. In 2002, cian/gynecologist. In addition to his medical and a member of the Emergency Services Comcast was awarded the Cable Television contributions, Paul was also an active commu- Ministries. Public Affairs Association’s Golden Beacon nity member, and I would like to join my col- Firefighters represent the best our commu- Award, the Association’s highest honor, hon- leagues here today in recognizing his tremen- nity has to offer. We honor them today, not oring Comcast’s service and continuing com- dous achievements before this body of Con- only for their final act of bravery but for the mitment to the communities they serve, as gress. lives they led. A firefighter’s work can some demonstrated in the 2001 Comcast Cares Paul moved to Grand Junction in 1972 to times be thankless, but of all the men and Day. serve as the city’s only obstetrician and gyne- women I’ve met, meet challenge and the dan- cologist. During his three decades practicing ger without complaints and without regret. Mr. Speaker, I ask that my colleagues join medicine, he assisted with about 10,000 Their lives provided hope and comfort to vic- me today in recognizing Comcast Cable Cor- births. Still active in the community, Paul tims of horrible events that we pray never poration for their commitment to volunteerism works with the Community Hospital and St. come to us or the ones we love. and community service, not only in Pennsyl- Mary’s Hospital. He also co-chairs the River- This remembrance service is as much a vania, but throughout the country. front Commission, sits on the board of the celebration of their lives and their ideals as it

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1762 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 is a time to reflect on what we have lost. Fire- Committee and as the Northern California bodybuilder and was one of the patriarchs of fighters remind us that heroes are every day chairman from 1968 to 1970. Joe Holsinger California’s fitness movement that rose out of people who decide to devote their lives and also served as Northern California chairman the famed ‘‘Muscle Beach.’’ In addition, work to something greater than themselves. for the 1968 Eugene McCarthy presidential Harold’s vision for the future of health and Today we are here to honor Charlie Flowers primary campaign and Jimmy Carter’s suc- wellness came to fruition through his creation and his brothers, the 106 nationwide who’ve cessful campaign for President in 1976. of revolutionary fitness equipment, the ‘‘Uni- sacrificed so much. With the start of a new Mr. Speaker, I ask my colleagues to join me versal Gym Machine.’’ As an established pio- day, we honor the families and friends they’ve in honoring the memory of this patriotic Amer- neer of the fitness movement, Mr. Zinkin left behind. Mr. Speaker, our prayers are al- ican, distinguished public servant, successful helped many achieve bodybuilding success, ways with them. Together as a community we private sector leader, father and grandfather. and lead many more toward making positive say thank you to those who will stand in the f lifestyle changes centered on physical fitness. place of those who have fallen and will con- Regarded by business colleagues as a suc- tinue to faithfully serve and protect. CONGRATULATIONS TO OLYMPIAN cessful businessman with an extraordinary TERIN HUMPHREY f business outlook towards future successful ventures, Mr. Zinkin was instrumental in cre- IN HONOR OF JOE HOLSINGER HON. IKE SKELTON ating one of the most dynamic and successful OF MISSOURI shopping/entertainment complexes throughout HON. ANNA G. ESHOO IN THE HOUSE OF REPRESENTATIVES California’s Central Valley. OF CALIFORNIA Harold Zinkin was perhaps most renowned Thursday, September 30, 2004 IN THE HOUSE OF REPRESENTATIVES for the quality of his character and tremendous Mr. SKELTON. Mr. Speaker, it has come to good will. Thursday, September 30, 2004 my attention that Olympic gymnast, Terin He is survived by his wife Betty, son Ms. ESHOO. Mr. Speaker, I rise to honor Humphrey, of Bates City, Missouri, received DeWayne and four grandchildren. the life of Joe Holsinger who died on Sep- two silver medals at the 2004 Summer Olym- Mr. Speaker, I rise today to recognize Har- tember 10, 2004, at the age of 82. pics in Athens, Greece. old Zinkin for his tremendous service to his Joe Holsinger was a distinguished public Terin was born on August 14, 1986, in St. community. I invite my colleagues to join me servant with a long record of service to the Joseph, Missouri. After graduating from Odes- in honoring him for his commitment to excel- people of California. He was a brilliant man, a sa High School in the spring of 2004, she now lence, good will, and for touching lives in the political mentor to me and to many others, and plans to attend the University of Alabama. Central Valley and worldwide. he will be missed by everyone who had the While at Odessa High School, Terin trained at f privilege of knowing him. the Great American Gymnastic Express gym HONORING MARGIE DINGELDEIN Joe Holsinger was born Galen Wright for daily six hour workouts. Terin was coached Holsinger on November 24, 1921, in Bellwood, by Al Fong and his wife, Armine Barutyan- Pennsylvania. He attended the University of Fong. Terin trained with her Olympic team- HON. DENNIS A. CARDOZA Pittsburgh for two and a half years before en- mate, Courtney McCool. OF CALIFORNIA listing in the U.S. Army and completing his Terin always has been a strong all around IN THE HOUSE OF REPRESENTATIVES service as an officer. After World War II he gymnast and has a strong record in the sport. Thursday, September 30, 2004 settled in California, graduated from U.C. Terin was a member of the 2003 gold medal Mr. CARDOZA. Mr. Speaker, I rise today to Santa Barbara, and began a career in real es- winning United States World Championships honor Margie Dingeldein, a remarkable indi- tate. Team. In 2004, at the Visa American Cup, vidual and outstanding athlete who as a mem- His career in public service began in 1975 Terin won bronze medals in three events: un- ber of the U.S. Olympic women’s water polo when he became Congressman Leo Ryan’s even bars, vault and floor. Terin then placed team won the bronze medal at the 2004 Olym- Administrative Assistant, in charge of both the third in the all around at the 2004 United pic Games in Athens, Greece. Washington, D.C. and San Mateo offices. States Championships. In the summer of Ms. Dingeldein was born and raised in After Congressman Ryan’s tragic assassina- 2004, Terin made her Olympic debut at Ath- Merced, California. Her talent and love for the tion in Guyana in November, 1978, Joe unsuc- ens, where she won two silver medals for the water was recognized early when by age 3, cessfully sought the Congressional seat. He team competition and for the uneven bars she could swim across a 25 yard pool without returned to his former career for several years event. coming up for a single breathe of air. Her en- in real estate as head of Holsinger Properties, Mr. Speaker, I wish to extend my congratu- ergy and endurance continued throughout her Inc. During this time he met Bill Honig, a lations to Terin Humphrey for her achieve- career, placing her among the best female school district superintendent from Marin ments at the 2004 Summer Olympics. athletes to come out of the San Joaquin Val- County who was seeking election as Califor- f ley. nia’s Superintendent of Public Instruction. He Ms. Dingeldein attended Merced High supported Bill Honig in his successful 1982 HONORING HAROLD ZINKIN School where she was determined to maintain campaign and then joined his staff as a spe- a well-rounded life. While competing in year- cial consultant on school reform legislation. He HON. GEORGE RADANOVICH round sports, she remained committed to com- became Deputy Superintendent of Public In- OF CALIFORNIA munity service, and her studies, graduating as struction in 1983 and was instrumental in the IN THE HOUSE OF REPRESENTATIVES the valedictorian of the class of 1998. She enactment of the Hughes-Hart School Reform completed her high school swimming career Thursday, September 30, 2004 bill (SB 813). He left the Department of Edu- setting Central California Conference swim cation in 1985 to return to his commercial real Mr. RADANOVICH. Mr. Speaker, I rise records in the 100 and 200 freestyle events, estate practice, but returned in late 1988 at today to recognize Mr. Harold Zinkin of Fres- confirming that she was ready for her transi- the request of Superintendent Honig and re- no, California posthumously for his service to tion to Stanford University. sumed his position as Deputy Superintendent his community and generous good will. Mr. While at Stanford, Ms. Dingeldein received for Governmental Policy. Joe Holsinger retired Zinkin recently passed away on September three All-American honors, and helped the in December 1994, but continued to consult 22, 2004. Cardinal appear in two consecutive NCAA with many legislators in Sacramento until ear- Harold Zinkin was born in San Francisco, Championships. She continued a family legacy lier this year. California, on May 11, 1922. As the son of of Stanford graduates, earning a pre-med de- Joe was a founding member of Americans proud Russian immigrants, this first-generation gree in human biology in 2002. Her endurance for Democratic Action (1947), the first presi- American went on to live a life that was noth- and determination culminated with her Olym- dent of the Federated Young Democrats of ing short of achieving the American Dream. pic appearance after 20 years of competition. San Francisco (1949) and a founding member In response to the attack on Pearl Harbor, Ms. Dingeldein’s bronze medal has made and chairman of the Credentials Committee Harold enlisted in the U.S. Navy and was her more than an Olympic medalist. Her inter- for the first state convention of the California ready to serve his country in any capacity. national success made her a local hero, as Democratic Council (CDC) in 1953. He was a While serving, he found his talent was in phys- she is among the first Olympic medalists from longstanding member of the California Demo- ical therapy. His zeal for health and wellness Merced County. As a role model for our youth, cratic Party and state executive committee, continued to follow him after his military serv- she serves as a superlative example that will serving two terms as Chairman of the Rules ice. Mr. Zinkin became a champion inspire and encourage our young athletes. CONGRESSIONAL RECORD — Extensions of Remarks E1763 Mr. Speaker, I ask that my colleagues join to create, draw, color or write greeting cards HONORING WILLIAM OSTASH me in honoring Margie Dingeldein for her ac- to the survivors and grieving families. The re- complishments. It is an honor to recognize all sponse was overwhelming. I was honored to HON. DALE E. KILDEE of her accomplishments and thank her for be able to present hundreds of colorful cards OF MICHIGAN being such a fine role model to our commu- to patients and families. IN THE HOUSE OF REPRESENTATIVES nity, and our country. During my time in Russia, I had the oppor- Thursday, September 30, 2004 f tunity to visit survivors recuperating at two Mr. KILDEE. Mr. Speaker, I rise before you RECOGNIZING THE NORTH CARO- hospitals. The visits were moving and tearful, today on behalf of the Michigan State Polka LINA CIVIC EDUCATION CONSOR- but you could see the hearts of American stu- Music Hall of Fame to honor the late Mr. Wil- TIUM dents truly shining in the eyes of the Russian liam Ostash of Bay City, Michigan for his con- children. I was truly privileged to represent the tributions to the Polka Music Industry. On Oc- HON. DAVID E. PRICE United States, and especially grateful to be tober 3, 2004 the Michigan State Polka Music OF NORTH CAROLINA able to share wonderful cards full of encour- Industry will honor Mr. William Ostash by in- IN THE HOUSE OF REPRESENTATIVES agement and joy. ducting him into the Polka Music Hall of Fame. William Ostash was born in Saskatchan, Thursday, September 30, 2004 Again, thank you, the students of Wilshire Elementary School for your kindheartedness Canada on December 11, 1915 to Michael Mr. PRICE of North Carolina. Mr. Speaker, and thoughtfulness. Your words strongly con- and Anna Ostash. In December of 1926, Wil- while many institutions help to develop Ameri- veyed the spirit of the American people and liam and his family moved to Bay City, Michi- cans’ knowledge and skills and shape their gan. At a young age William along with his our commitment to build relations with coun- civic character and commitments, our nation’s siblings learned the value of music from their tries dedicated to combating global terrorism. schools bear a special and historic responsi- father, who was a well-known violinist in his bility to provide our students an adequate civic native country of Ukraine. William who was a education. f self-taught accordion player, performed with On September 20–22, 2003, the first annual the family Orchestra for many years. The Congressional Conference on Civic Education TRIBUTE TO FRANKLYN G. BROYLES, JR. FOR RECEIVING Ostash Orchestra music was so popular that it was launched. The conference was sponsored gained airtime on radio station WBCM. History by the Alliance for Representative Democracy THE 2004 ARTHRITIS FOUNDA- TION HUMANITARIAN AWARD has it that William was one of the first to incor- and co-hosted by the four leaders of the U.S. porate the accordion into polka music. Another Congress. One of the very positive outcomes note worthy of mentioning is that William was of the Congressional Conference was the es- also a master at performing the march called tablishment of state delegations that would re- HON. ROBERT E. (BUD) CRAMER, JR. ‘‘Under the Double Eagle’’, and according to turn to the state to enact specific policies de- OF ALABAMA his family audiences were always amazed at signed to restore the civic mission of our IN THE HOUSE OF REPRESENTATIVES how he could play this tune using his left schools. hand, the bass side, with 120 buttons. I would like to recognize the North Carolina Thursday, September 30, 2004 Aside from his musical career, William was Civic Education Consortium at the University a devoted husband to his lovely wife Julie, of North Carolina at Chapel Hill, facilitator of Mr. CRAMER. Mr. Speaker, I rise today to whom he married on May 3, 1941. To this our state’s delegation, for helping the delega- congratulate my friend, Reverend Franklyn G. union were born two sons, James and Ronald. tion design a strong action plan to improve Broyles, Jr. of Huntsville for receiving the 2004 On April 8, 2002 Julie Ostash passed away, civic education. This action plan and related Arthritis Foundation Humanitarian Award. This and William passed on July 20, 2002. William efforts have led to the following accomplish- award is given annually to a person in the was a legend and true contributor to the Polka ments: hosting a successful statewide policy Huntsville community who has displayed ex- Musical Industry. His contributions will be for- summit on the civic mission of schools for emplary community leadership. ever cherished. state and local policymakers; securing grant Reverend Broyles was born and raised in Mr. Speaker, I ask my colleagues in the funds to pilot model practices and policies in 108th Congress to please join me in honoring Huntsville, Alabama and after graduating from two school systems that could have statewide the life and legacy of Mr. William Ostash who Vanderbilt Divinity School, Reverend Broyles implications; developing a new resource guide devoted many years to Polka Music Industry. for schools to help them implement new civic returned to North Alabama and currently May he rest in peace. serves as the Minister of Church and Commu- education legislation; and gaining visibility and f support from the State Board of Education. nity with the Faith Presbyterian Church. He Mr. Speaker, I look forward to North Caro- also serves as the Executive Minister of the HONORING CALHOUN MIDDLE lina’s continued leadership in civic education Huntsville Association for Pastoral Care and SCHOOL’S AMERICAN SPIRIT TO- reform and their participation in the second Program Director of the Huntsville area chap- WARD THE VICTIMS OF THE annual Congressional Conference on Civic ter of the National Conference for Community BESLAN SCHOOL TRAGEDY Education, which will be held on December 4– and Justice. 6, 2004. Reverend Broyles has also vigorously given HON. MICHAEL C. BURGESS f his time to the community. He was the first OF TEXAS IN THE HOUSE OF REPRESENTATIVES HONORING WILSHIRE ELEMEN- Administrative Director of Hospice of Hunts- TARY SCHOOL’S AMERICAN SPIR- ville and he served as the Director of the Thursday, September 30, 2004 IT TOWARD THE VICTIMS OF Campus Ministry Association at the University Mr. BURGESS. Mr. Speaker, today, I would THE BESLAN SCHOOL TRAGEDY of Alabama in Huntsville for fifteen years. Rev- like to say thank you to one of my hometown erend Broyles has also volunteered his leader- schools, Calhoun Middle School in Denton, HON. MICHAEL C. BURGESS ship to numerous community organizations. Texas. The students of Calhoun Middle OF TEXAS Additionally, Reverend Broyles is known for School enthusiastically participated in a card IN THE HOUSE OF REPRESENTATIVES his strong commitment to worldwide and inter- giving program for the victims of the Beslan school tragedy. Thursday, September 30, 2004 faith understanding. His service in interagency, worldwide, and interfaith work has earned him Before departing for my mission to Russia, Mr. BURGESS. Mr. Speaker, today I would close to thirty awards. I asked several local schools if they would like like to say thank you to one of my hometown to create, draw, color or write greeting cards schools, Wilshire Elementary School in Eu- Mr. Speaker, Frank’s ability to bring people to the survivors and grieving families. The re- less, Texas. The students of Wilshire enthu- together and provide a positive influence on sponse was overwhelming. I was honored to siastically participated in a card giving pro- the entire community is something that we all be able to present hundreds of colorful cards gram for the victims of the Beslan school trag- should strive to do. On behalf of the people of to patients and families. edy. North Alabama, I would like to congratulate During my time in Russia, I had the oppor- Before departing for my mission to Russia, Frank Broyles for being named the 2004 Ar- tunity to visit survivors recuperating at two I asked several local schools if they would like thritis Foundation Humanitarian Award winner. hospitals. The visits were moving and tearful, E1764 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 but you could see the hearts of American stu- the agency’s Housing and Community Devel- 700 families in the Morrisania section of the dents truly shining in the eyes of the Russian opment Department in 1991 that has devel- Bronx. He continues to keep himself involved children. I was truly privileged to represent the oped more than 1,000 rental units of afford- in the community and the city, as a member United States, and especially grateful to be able housing and 12 single family homes, de- of the local community planning board, the able to share wonderful cards full of encour- veloped, a community development strategy Chaplain for the 42nd Police Precinct Commu- agement and joy. specifically targeting the residents of MAAC’s nity Council, and as a Management Analyst at Again, thank you, the students of Calhoun apartment communities, and recently ex- the New York City Department of Health and Middle School for your kindheartedness and panded the department to include a property Mental Hygiene. thoughtfulness. Your words strongly conveyed management component. Under Mr. Cazares’ Since becoming licensed in the Gospel min- the spirit of the American people and our com- leadership, MAAC Project has grown to be istry, Minister Rivera has worked on a dizzying mitment to build relations with countries dedi- one of the premier affordable housing devel- array of ecumenical projects. He ministers to cated to combating global terrorism. opers in the, region. inmates at Rikers Island and the Downstate f Roger Cazares also has left his footprint in Correctional Custody Facility. His work with the education arena by providing leadership police officers after the events of September CONGRATULATIONS TO ROGER and harnessing his national network for sup- 11th recently won him recognition from both CAZARES port to fund and open MAAC Community the City Council and the NYPD. Charter School in Chula Vista. The Charter Mr. Speaker, Minister Rivera has typified the HON. BOB FILNER School is a first class operation that offers ideals of dedication and compassion. For OF CALIFORNIA hope and opportunity for our deserving youth. twenty years, he has worked to improve the IN THE HOUSE OF REPRESENTATIVES Roger’s contributions to the community go lives of countless individuals in the South Thursday, September 30, 2004 beyond the MAAC Project. He was president Bronx. Minister Rivera has been selfless of his of the National City Chamber of Commerce time and his talents, and the Bronx is better Mr. FILNER. Mr. Speaker, I want to take from 1994–1995; he served on the National for it. this opportunity to recognize and congratulate Council of La Raza Board of Directors and Ex- Minister Rivera could not have accom- Roger Cazares upon the occasion of his re- ecutive Committee for six years. Roger has re- plished all of these things without the love and tirement as the President and Chief Executive ceived a multitude of awards for his commu- support of his wife, Maria, and his son Bruce Officer of the Metropolitan Area Advisory nity service such as the Hispanic Chamber of Anthony. Committee (MAAC) Project, a multi-purpose Commerce Business Leadership Award, His- social service agency (with a successful 39 Mr. Speaker, Minister Bruce Rivera is a fine panic Heritage Local Heroes Award presented example of a great community leader and a year history of serving various communities by KPBS & Union Bank of California, the throughout San Diego County. person dedicated through his faith to helping United Way Ben Polak Community Service others. I am grateful to have such a deeply After graduating from San Diego State Uni- Award, the UCSD Excellence in Community versity with a Political Science Degree, Roger committed person doing his good work in my Service Award, recipient of Reconocimiento district. I ask my colleagues to join me in hon- headed to the MAAC Project. Thirty years OHTLI Community Service Award presented later, he leaves MAAC as one of the most oring his past achievement and in anticipating by the Mexican Government. many great things to come. successful social service agencies in the Roger is joined in celebrating his accom- country with 400 employees, an annual oper- plishments by his wife and lifelong partner of f ating budget of over $16 million and over $100 30 years, Norma Cazares; their daughters million in assets. Leticia and Nicole; and their son Javier. My HONORING FLORENCE ELEMEN- Under Roger Cazares’ leadership MAAC best wishes go to my friend Roger Cazares, a TARY SCHOOL’S AMERICAN SPIR- Project has become an agency that serves visionary, an activist, a great leader, and a IT TOWARD THE VICTIMS OF over 35,000 individuals per year and staffs 35 good man. THE BESLAN SCHOOL TRAGEDY sites bringing to its constituents empowering f social services, health components, a state of arts charter school, technology centers, eco- TRIBUTE TO MINISTER BRUCE HON. MICHAEL C. BURGESS nomic development, and affordable housing. RIVERA OF TEXAS Roger is a man with a vision that has empow- IN THE HOUSE OF REPRESENTATIVES ered his staff at the MAAC Project to serve as HON. JOSE´ E. SERRANO Thursday, September 30, 2004 many people as possible and not be afraid to OF NEW YORK Mr. BURGESS. Mr. Speaker, today, I would expand to new services. Roger’s legacy at the IN THE HOUSE OF REPRESENTATIVES agency includes creating new leaders by men- like to say thank you to one of my hometown toring a younger generation and inspiring them Thursday, September 30, 2004 schools, Florence Elementary School in to believe in their potential. Mr. SERRANO. Mr. Speaker, I rise today to Southlake, Texas. The students of Florence The growth that the MAAC Project has seen pay tribute to a committed community activist enthusiastically participated in a card giving under Roger’s tenure includes an increase in and advocate Minister Bruce Rivera, a resi- program for the victims of the Beslan school the agency’s North San Diego County Head dent of my district who has been committed to tragedy. Start Child Development schools center sites improving the community in which he was Before departing for my mission to Russia, from 4 to 17. Enrollment at these centers went born and raised, will soon be celebrating his I asked several local schools if they would like up from 400 to 1,100 children, directly impact- ordination in the United Church of Christ. to create, draw, color or write greeting cards ing parental participation and involvement in Minister Rivera was born and raised in the to the survivors and grieving families. The re- those children’s lives. Thanks to Roger’s direc- South Bronx. He attended the public school sponse was overwhelming. I was honored to tion MAAC established two residential care fa- system in the city of New York, and after grad- be able to present hundreds of colorful cards cilities for recovering drug and alcohol de- uation, he joined the United States Air Force. to patients and families. pendent individuals housed at Casa de He served his nation with distinction, and During my time in Russia, I had the oppor- Milagros, for women, and Casa Nosotros, for earned both the Purple Heart and the Cross of tunity to visit survivors recuperating at two men. Roger Cazares ensured MAAC’s sum- Gallantry for his actions during the conflict in hospitals. The visits were moving and tearful, mer employment for over 1,000 South Bay Beirut. After five years in the armed services, but you could see the hearts of American stu- youth annually, in cooperation with the Private Minister Rivera returned to the community in dents truly shining in the eyes of the Russian Industry Council. The MAAC also provided which he was raised. children. I was truly privileged to represent the English as a second language and govern- He immediately transferred that same tenac- United States, and especially grateful to be ment classes to over 12,000 adults in San ity and dedication to country to his efforts in able to share wonderful cards full of encour- Diego County through the Immigration Reform the local community, becoming committed to agement and joy. Control Act of 1986 for 5 years. improving the South Bronx. He founded South Again, thank you, the students of Florence Roger has made an impact in the commu- Bronx Churches, an ecumenical organization Elementary School for your kindheartedness nity not only by augmenting social services that has built more than 800 homes in the and thoughtfulness. Your words strongly con- that local government provides but also by be- South Bronx. He also founded the Boston veyed the spirit of the American people and coming involved in the Housing Crisis that San Road Association for Community Empower- our commitment to build relations with coun- Diego County faces. Roger Cazares created ment, which serves the interests of more than tries dedicated to combating global terrorism. CONGRESSIONAL RECORD — Extensions of Remarks E1765 PAYING TRIBUTE TO HOSPICE AND While overseeing the diets of patients in an speare Santa Cruz, and a variety of other PALLIATIVE CARE OF WESTERN Army hospital, Delores will undoubtedly apply health foundations. George Ow returned large COLORADO her background as a Pediatric Dietician to en- portions of wealth back to his community, a sure her patients a successful recovery. As a gift that strengthens our community and our HON. SCOTT McINNIS former member of the United States Navy and country. OF COLORADO the United States Army Reserve, Delores will Mr. Speaker, we ask our colleagues to join IN THE HOUSE OF REPRESENTATIVES use her military training, coupled with her ex- us in extending our condolences to George tensive medical knowledge to become a valu- Ow’s family and friends. As a dedicated mem- Thursday, September 30, 2004 able asset to the Army in the form of a strong ber of the Santa Cruz and Scotts Valley com- Mr. McINNIS. Mr. Speaker, I rise today to leader and a productive team player. munity, his achievements in life represent the pay tribute to the staff of the Hospice and Pal- On a personal level, every one of her col- epitome of the American Dream. He will be liative Care of Western Colorado, a dedicated leagues and co-workers tell me that Delores is missed greatly by the community he loved, medical center in my hometown of Grand sincere, honest, hardworking and is a great served, and gave so much to. Junction, Colorado. For years the center has listener. She is down-to-earth, has a refresh- f been providing exceptional leadership and in- ing sense of humor and a way of making very novation in the palliative and end-of-life care difficult challenges seem easy and uncompli- RECOGNIZING SENATOR JOHN T. arenas. In recognition of their accomplish- cated. She is committed to excellence and is RUSSELL ments the center recently received the 2004 always there to help others personally and Circle of Life Citation of Honor from the Amer- professionally. What a wonderful role model. HON. IKE SKELTON ican Hospital Association. I am proud to join Equally important, she never misses a OF MISSOURI my colleagues here today before this body of Houston Texans football game and is one of IN THE HOUSE OF REPRESENTATIVES Congress and this nation in congratulating the Texans’ greatest fans. Mr. Speaker, many Thursday, September 30, 2004 them on this award. are honored to be her friend, family or col- Every year the American Hospital Associa- league, and on behalf of the constituents of Mr. SKELTON. Mr. Speaker, a distinguished tion, a non-profit group of health-care provider the 8th District of Texas we express our pride career in Missouri State Senate will soon end. organizations and individuals comprising over in her services and pray for a safe return. Missouri State Senator John T. Russell will re- 5,000 members, awards programs across the f tire at the end of the year. country that have found new ways to expand Senator Russell was born on September 22, their services and blend traditional medical IN HONOR OF GEORGE OW 1931 in Lebanon, Missouri and grew up on a care and end-of-life care. The programs that farm near Gasconade River. After graduating are selected serve as national role models for HON. ANNA G. ESHOO from Lebanon High School, he attended Drury other American communities to look to for ex- OF CALIFORNIA College in Springfield, Missouri. amples of compassionate health care. Hospice IN THE HOUSE OF REPRESENTATIVES Senator Russell has had an impressive leg- islative career. He first was elected to the Mis- and Palliative Care of Western Colorado was Thursday, September 30, 2004 given a citation of honor for integration and souri House of Representatives in 1962 and administration of its services in the numerous Ms. ESHOO. Mr. Speaker, Mr. FARR and I served until 1974. During his time in the State divergent geographic communities throughout rise today to honor the life of George Ow, a House, he held the position of Minority Floor Western Colorado. The center has made sig- local businessman and philanthropist, who Leader in 1971 and 1972. Then, in November nificant strides in tailoring every program for passed away July 26, 2004 at the age of 85. 1976, Senator Russell was elected to the Mis- the realities and needs of each individual com- He was a beloved member of the Scoffs Val- souri Senate, representing the counties in munity. ley community and well known throughout south central and southwest Missouri. While in Mr. Speaker, Hospice and Palliative Care of Santa Cruz County for his generous nature. the State Senate he served as Chairman of Western Colorado is a dedicated organization He is survived by seven children and 14 the Senate Appropriations Committee, mem- that has provided excellent health care to the grandchildren. ber of the Gubernatorial Appointments Com- citizens of Colorado for several years. The George Ow emigrated from China to the mittee and member of the Transportation center’s careful consideration and planning for United States in 1937, arriving in Santa Cruz Committee. the communities they aide have made Colo- to begin his quest for the American Dream. He In addition to his legislative work, Senator rado a shining example for the rest of the eventually emerged as one of our region’s Russell has a record of service and leadership country and I am honored to recognize their most prominent businessmen and philan- in the community. He received an Honorary endeavors today before this body and this na- thropists and his life story now stands as an Doctor of Laws Degree from Southwest Bap- tion. Their devotion and commitment to aiding outstanding model of achievement for all. tist University in 1979. The Missouri Chamber those in need is certainly commendable. I Before becoming successful, George Ow of Commerce presented Senator Russell with would like to extend my congratulations on had a long uphill climb that proved his perse- the Spirit of Enterprise Award. He received the this recognition from the American Hospital verance and determination. He first worked in Guardian of Small Business Award from the Association, and I personally want to thank the his uncle’s grocery store while attending and National Federation of Independent Business. staff of Hospice and Palliative Care of West- eventually graduating from Santa Cruz High In 1997, he was given the Community Service ern Colorado for all their hard work. School. From 1944 to 1945 George Ow Award from the Lebanon Area Chamber of served in the United States Army and partici- f Commerce. Also, he is a member of the First pated in the Allied Liberation of the Phil- Baptist Church in Lebanon, Missouri, and is a DELORES A. MAGUIRE ippines. After his service in the military he re- Veteran of the United States Air Force, serv- turned to the Central Coast, building the foun- ing in the Korean War. HON. KEVIN BRADY dations for his successful business ventures. Mr. Speaker, I know the Members of this OF TEXAS Investing in commercial real estate, George House will join me in thanking Senator Russell IN THE HOUSE OF REPRESENTATIVES Ow single-handedly created the business cor- for his life of public service and in wishing him ridor along Capitola’s 41st Avenue and Scotts and his family all the best in the years to Thursday, September 30, 2004 Valley’s King’s Village Shopping Center. come. Mr. BRADY of Texas. Mr. Speaker, I rise Throughout his rise to fortune and success, f today to show America’s deep appreciation for George Ow never forgot the community that Delores A. Maguire, M.S., R.D., C.S.P., L.D., nurtured him in his earlier days as a young im- HONORING ALISON COX who will be deployed to Iraq next May serving migrant. For more than three decades, he was as a Captain in the U.S. Army in the war active in the National Exchange Club, a na- HON. GEORGE RADANOVICH against terror in which we are fighting for a tional organization dedicated to community OF CALIFORNIA safer world, free from the threat of terror in our service and youth outreach. In the 1970s he IN THE HOUSE OF REPRESENTATIVES daily lives. Delores has served faithfully six was elected as President of the Club, the first years as a Registered Pediatric Dietician at time this post was filled by a non-white indi- Thursday, September 30, 2004 Memorial Hermann Hospital and the Texas vidual. He also created dozens of youth schol- Mr. RADANOVICH. Mr. Speaker, I rise Children’s Hospital in the renowned Texas arships for minority students and donated today to congratulate Alison Cox of Turlock, Medical Center—Houston. money to local arts groups, such as Shake- California for winning the Silver Medal in the E1766 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 Women’s Eight Rowing event at the 2004 Ath- INTRODUCTION OF THE COUNT Harding appropriately noted, ‘‘The cir- ens Olympic Games. It was the first medal for EVERY VOTE ACT cumstances of this election call to mind a the US Women’s Eight Rowing team since quote from football coaching legend Vince they won the Gold Medal at the 1984 Los An- HON. DAVID E. PRICE Lombardi: ‘We didn’t lose the game, we just geles Olympic Games. OF NORTH CAROLINA ran out of time.’’’ We cannot afford to run out Alison Cox began her rowing career at the IN THE HOUSE OF REPRESENTATIVES of time when it comes to ensuring the integrity age of 19 as a sophomore at the University of of our presidential election contests. That is a Thursday, September 30, 2004 San Diego where she received her degree in conclusion on which everyone should agree. Communications. She earned All-West Region Mr. PRICE of North Carolina. Mr. Speaker, I invite my colleagues to join me in ensuring honors in 2001 and All-West Coast Con- today I am introducing the Count Every Vote that our electoral process is given the most ference honors for three seasons 1999–2001. Act, legislation to provide additional time, time possible to resolve any contested election She competed at the 2000 under-23 World when needed, for conducting recounts of results by cosponsoring the Count Every Vote Championships and won the Gold Medal in votes in presidential elections. Act. the Women’s Four Rowing event. Alison ad- At its core, our form of government is based [From Roll Call, June 15, 2004] vanced to the senior national team in 2001 on the premise of ‘‘one person, one vote.’’ The ELECTORAL-COLLEGE REFORM REQUIRES and helped the U.S. Women’s Eight Rowing presidential election of 2000, however, dem- CHANGE OF TIMING team win the Gold Medal at the 2002 World onstrated how precarious that tenet can be. In (By Leonard M. Shambon) the midst of an ongoing challenge to the elec- Championships. This is a modest proposal to reform the While at Turlock High School she excelled tion result in the state of Florida, the U.S. Su- Electoral College. No, it would not abolish in athletics. She lettered in tennis, soccer, preme Court ruled that manual recounts could the Electoral College, just change its timing. basketball, and in softball, where she also re- not continue because there was not enough In 2000, the U.S. Supreme Court called off ceived the team’s most valuable player award. time to undertake a proper recount prior to the the Florida recount because it believed that Mr. Speaker, I rise today to honor Alison meeting of the Electoral College. The unsatis- the recount could not be concluded in time to conform to the schedule established by Cox for winning the Silver Medal in the Wom- factory result was a president who took office with a cloud hanging over him in the eyes of federal statute for the electoral college. en’s Eight Rowing event at the 2004 Athens One of the Florida Supreme Court justices, Olympic Games and for all of her accomplish- many Americans. whose position was upheld by the Supreme ments in athletics. I invite my colleagues to Given the close nature of the current presi- Court, analogized the Gore camp’s predica- join me in wishing her many years of contin- dential race, there is a very real chance that ment to a quote from Vince Lombardi: ‘‘ ‘We ued success. we could be faced with a similar situation five didn’t lose the game, we just ran out of weeks from now. We could easily wake up on time.’’’ But running out of time should not f November 3rd with a swing state election con- control the outcome in 2004. troversy, the outcome of which could decide Under the federal statute, each state’s HONORING JAMILL KELLY who will be the President of the United States presidential electors are to meet on the first Monday after the second Wednesday in De- for the next four years. And it could take more cember. If a state appoints its presidential HON. DENNIS A. CARDOZA than the 35 days allowed under current law to electors at least six days before that date, OF CALIFORNIA resolve the controversy without risking the loss then its choice of electors cannot be over- IN THE HOUSE OF REPRESENTATIVES of a state’s electoral votes. ridden. The U.S. Supreme Court in Bush v. Mr. Speaker, I request that a June 15 Roll Gore believed it was imperative to block the Thursday, September 30, 2004 Call column by Leonard Shambon, a counsel recount ordered by the Florida Supreme Mr. CARDOZA. Mr. Speaker, I rise today to with Wilmer Cutler Pickering Hale and Dorr Court because the recount could not be com- honor Jamill Kelly, an exceptional individual and former assistant to the co-chairman of the pleted by the six-day cutoff before the elec- and remarkable athlete who won a silver Ford-Carter Commission on Election Reform, tors’ meeting. medal in Freestyle Wrestling at the 2004 But the aftermath of the Bush v. Gore de- be reprinted in the Record following my re- cision, no one seriously examined the ques- Olympic Games in Athens, Greece. marks. In his column, Mr. Shambon makes a tion of whether the federal statutory dates Born and raised in my hometown of strong case for the need to reform the timing make any sense. Fearing endless debates Atwater, California, Mr. Kelly attended my of the Electoral College, and I have drawn about whether the Electoral College should alma mater, Atwater High School where his from his expertise in this particular area of be completely abolished, no one looked at wrestling career began with placing fourth in elections law. I appreciate Mr. Shambon’s tire- the peculiarities of the federal law. But the 1995 state championships. Mr. Kelly’s suc- less research and collaboration in developing there’s still time for Congress to do so this cess as a wrestler continued as he attended a solution to this problem. year. Congress should amend 17 words in the Lassen Junior College, taking second in the The bill I am introducing today has the sup- statute to push those dates into January, so 1996 Junior College Nationals. He then grad- port of leading scholars renowned for their re- that any state recounts and contests that uated from Oklahoma State University in search in the electoral process, including occur this fall can proceed at a more orderly 2000, earning a Bachelor of Arts degree in Thomas Mann, the W. Averell Harriman Chair pace. History. and Senior Fellow in Governance Studies at The federal statutory scheme, first adopted Over the past four years, the former Okla- The Brookings Institution; John C. Fortier, a in 1792, provides the dates for four events: (1) homa State wrestler remained dedicated to his research fellow at the American Enterprise In- the states’ appointing their electors, on dream. He continued to train vigorously and stitute and editor of and contributor to After Election Day; (2) having the electors meet and vote; (3) reporting the results to Con- compete among the nations finest wrestlers, in the People Vote: A Guide to the Electoral Col- gress; and (4) the Congressional counting. order to have the chance to prove his out- lege; and Norman J. Ornstein, a resident Congress has changed the dates on which standing athletic ability on the world stage. scholar at the American Enterprise Institute, those events are to occur five times, most re- This summer, Mr. Kelly achieved his dream as columnist for Roll Call, and contributor to After cently in 1934 in response to the ratification he spent his summer winning a silver medal in the People Vote. It would establish a contin- of the 20th Amendment to the Constitution, Freestyle Wrestling at the 2004 Olympic gency date for the meeting of electors in all which moved the date of inauguration back Games in Athens. states, but only when a challenge to a state’s from March 3 to Jan. 20. Mr. Kelly is the city of Atwater’s first Olym- In 1934, the Roosevelt administration rec- presidential election result remains unresolved ommended to Congress that the period be- pic medalist. He has become an inspiration to as of three days prior to the Electoral College tween Election Day and the date of the elec- the student athletes of Atwater High School, meeting date defined in current law. For the tors’ meeting be set at 41 days. Records re- who witnessed a fellow Falcon strive to reach upcoming election, if a recount in any state veal that a government attorney chose the his dreams in becoming the pinnacle of his were ongoing as of December 10, the bill 41-day period arbitrarily, without any fur- sport. He has become a local hero, a national would establish January 3rd as the new meet- ther explanation. champion, and a world-renown athlete. ing date for the Electoral College, providing 59 Congress, without any legislative expla- Mr. Speaker, I ask that my colleagues join days—24 days more than current law—to en- nation, went along with this change even me in honoring Jamill Kelly for his outstanding though it significantly shortened the period sure that the recount is given as much time as from its pre-existing statutory length. accomplishments. I am delighted to recognize possible to be resolved. One Member of Congress, Judiciary Com- all of his dedication and hard earned achieve- In a dissenting opinion on the 2000 election mittee Chairman Hatton Sumners (D–Texas), ments, and thank him for being a role model contest that the U.S. Supreme Court later did speak out against the shortened period to our community, and our country. upheld, Florida Supreme Court Justice Major during the House debate, and in subsequent CONGRESSIONAL RECORD — Extensions of Remarks E1767 years, Sumners kept up the drumbeat, not- ment to Gunnison and their contributions to ilies. The month of October is National Do- ing that it ‘‘requires no great imagination to the environment and the citizens of Colorado. mestic Violence Awareness Month. On Tues- visualize what might develop in a close elec- It is with great pleasure to recognize them day, October 5, 2004 the Bay Area Women’s tion when feeling was running high with a Center will host their annual vigil and aware- belief that wholesale fraud had been per- today before this body of Congress and this petrated in one or more pivotal States with nation. ness walk to show and renew their commit- no possibility of a final judicial determina- f ment to ending domestic violence. tion.’’ As we enter into National Domestic Violence Sumners’ ‘‘serious situation’’ arose in 2000, TRIBUTE TO COY J. HALLMARK Awareness Month, I urge every community and it could easily happen again this year. FOR RECEIVING THE 2004 AR- leader, resident, and law enforcement officer An era of electronic communication and THRITIS FOUNDATION HUMANI- to come together and take a stance against overnight couriers, Congress should imme- TARIAN AWARD this hideous crime not just during the month of diately lengthen the period between Election awareness, but every day throughout the year. Day and the date of the electors’ meeting. Countless lives are lost and homes are broken The electors’ meeting should occur as few HON. ROBERT E. (BUD) CRAMER, JR. days as possible before the Jan. 6 Congres- OF ALABAMA as result of this preventable crime. We as a sional counting date. The six-day deadline IN THE HOUSE OF REPRESENTATIVES community must educate ourselves on the for a state’s choice of electors should be warning signs. We must also be willing to alert changed to the new date for the electors’ Thursday, September 30, 2004 the authorities before a situation becomes vio- meeting. And delivery of the electors’ votes Mr. CRAMER. Mr. Speaker, I rise today to lent. Domestic violence is prevalent in all com- to Congress should be accomplished by any congratulate Reverend Coy J. Hallmark of munities. It knows no status or ethnicity. This rapid and secure method, not just by reg- Huntsville for receiving the 2004 Arthritis is a vicious crime sweeping our Nation with istered mail as is currently required. many victims too afraid or simply not aware Making the date, say, Jan. 3, would provide Foundation Humanitarian Award. This award an additional four weeks this year for an is given annually to a person in the Huntsville they are victims until it is too late. I am thank- unrushed review. community who has displayed exemplary com- ful for the Bay Area Women’s Center, for they We should not be hamstrung by a redun- munity leadership. are committed to helping people in crisis. They dant and slow transmission scheme built for As an undergraduate at the University of hold true to their philosophy that every indi- an earlier time. The states should have the North Alabama, Reverend Hallmark received vidual maintains the right to live free of fear maximum time, within the framework of the his first pastoral appointment at a church in and violence. Survival of organizations such existing November election date and the Lexington, Alabama. After earning a Master of as this one is critical if domestic violence is to Congressional counting date, to resolve any be an issue of the past. We must support contested elections. This time, the game Divinity Degree from Emory University, Rev- clock should not control the outcome. erend Hallmark was commissioned as a chap- these organizations and help them spread the word that domestic violence will not be toler- f lain in the United States Army in 1983. He is currently a Lieutenant Colonel with the 279th ated. During the month of October renew your PAYING TRIBUTE TO REDDEN Signal Battalion in the Alabama National own commitment to stamping out domestic vi- FAMILY Guard where he provides spiritual support and olence by first assuring that you or your loved supervision for the battalion chaplains in ones are not falling prey to this repulsive Huntsville, Florence, Mobile and Ft. Lewis, crime. HON. SCOTT McINNIS Mr. Speaker, I ask my colleagues in the OF COLORADO Washington. 108th Congress to please join me in honoring IN THE HOUSE OF REPRESENTATIVES In 1986, after returning from a military exer- cise in South Korea, Reverend Hallmark be- the Bay City Women’s Center for their tireless Thursday, September 30, 2004 came an associate pastor at my church, the efforts in promoting domestic violence aware- Mr. MCINNIS. Mr. Speaker, it is with great First United Methodist Church of Huntsville, a ness and for providing a supportive, and non- pride that I rise today to pay tribute to the role he has served ever since. During his ten- judgmental environment to those who have Redden family from Gunnison, Colorado. ure, the church has seen a large increase in become victims. LeOna, Tom, Brett and Wendy represent two its membership and it has been more inclusive f generations of Gunnison cattle ranchers, and and accessible. PAYING TRIBUTE TO DOUG are truly outstanding citizens of Colorado. I In addition to his pastoral duties, Reverend SCHAKEL would like to join my colleagues here today in Hallmark has vigorously committed his time recognizing their tremendous achievements volunteering for numerous community organi- before this body of Congress and this Nation. HON. SCOTT McINNIS zations that promote the welfare of persons OF COLORADO As owners and managers of a 2000–acre with disabilities and provide them with access IN THE HOUSE OF REPRESENTATIVES ranch outside of Gunnison, they have honored to assistive technology devices and services their trade with distinction for over a century. to increase independence in the home, school, Thursday, September 30, 2004 In addition to being ranchers, each has con- and work environments. This issue is close to Mr. MCINNIS. Mr. Speaker, it is with great tributed significantly to their community. Tom Coy’s heart. His daughter, Rachel was diag- pride that I rise today to pay tribute to Doug Redden participates with the Gunnison County nosed with cerebral palsy in 1982. Schakel, a gifted teacher and coach from Stock-growers’ Association, the Cattleman Mr. Speaker, Reverend Hallmark has been Grand Junction, Colorado. Doug has been Days committee, the Oddfellows, and the Elks a well respected and thoughtful member of our coaching basketball at the high school and Lodge. He also presided over the Soil Con- church and community for many years. On be- college levels for over thirty-two years. During servation Board. LeOna Redden is a member half of the people of North Alabama, I con- that time, he has earned many accolades, and of the Rebeccas and is the state secretary of gratulate my friend, Coy Hallmark on being has touched many lives in Colorado. This year the military branch of Oddfellows. In recogni- named the 2004 Arthritis Foundation Humani- Doug has been inducted into the Rocky Moun- tion of their service to the industry, the couple tarian Award winner. tain Athletic Conference Hall of Fame, and I was honored earlier this year as parade mar- f would like to join my colleagues here today in shals of the Cattleman’s Day parade. recognizing his tremendous achievements be- Brett Redden and Wendy Hanson, grand- BAY COUNTY’S DOMESTIC fore this body of Congress and this Nation. children of the ranch’s founder, currently oper- VIOLENCE AWARENESS MONTH As a student at Central Iowa University, ate the ranch with the help of their respective Doug began his journey to being one the most families. In addition to ranching, the two fami- HON. DALE E. KILDEE successful collegiate coaches in Colorado his- lies have contributed to their community and OF MICHIGAN tory. There he played on their varsity basket- the environment. Brett works at the local air- IN THE HOUSE OF REPRESENTATIVES ball team where he developed an interest in port while Wendy works as the director of fi- coaching. After several years of coaching at nance for the city of Gunnison. The pair have Thursday, September 30, 2004 various high school programs, Doug eventu- also protected almost 1000 acres of land with Mr. KILDEE. Mr. Speaker, I rise before you ally ended up as the head coach at Mesa a conservation easement, and donated addi- today to honor the Bay Area Women’s Center State College in 1978. During his eighteen tional land to the Colorado Cattlemen’s Agri- of Bay City, Michigan for their diligence and years as head coach, Doug led the team to an cultural Land Trust. dedication to educating the community on the impressive seven conference titles. He also Mr. Speaker, it is a privilege to honor the devastating effects of domestic violence and had the best overall record of any coach in the Redden family for their longstanding commit- for supporting numerous victims and their fam- history of Mesa State. In addition, Doug E1768 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 coached four All-Americans, and two Aca- San Diego State University shows a 76 per- determined will pass on to her great, great demic All-Americans. He also served as the cent increase since 1999, the year the Com- grandchildren. school’s athletic director from 1979 to 1981 pact began. Mr. Speaker, I am proud to say that one of and again from 1998–2001. In 1996, he retired The Compact was named the most powerful Rose’s granddaughters, Mrs. Cheryl Simmons- from coaching the men’s team at Mesa State student initiative in the nation this year by the Oliver, is my district office director and has to focus on teaching full-time. American Association of School Administrators worked for me for more than 10 years. Mr. Speaker, it is a privilege to honor the and earned a Magna Award from the Amer- Mr. Speaker, I ask my colleagues to join me accomplishments of this great Colorado cit- ican School Board Journal. and the family of Mrs. Rosabel Simmons in izen. Doug Schakel’s dedication to the student I am proud of the accomplishments of the wishing her a very happy 100th birthday. athletes throughout his career, and his suc- students participating in the Compact, and I cess as a basketball coach are testaments to urge support of their funding request. f his character, and it is with great pleasure to f A PROCLAMATION RECOGNIZING recognize him today before this body of Con- TODD SKINNER gress and this Nation. Congratulations, Doug, TRIBUTE TO MRS. ROSABEL on this well deserved award, and good luck SIMMONS with all of your future endeavors. HON. ROBERT W. NEY f ´ OF OHIO HON. JOSE E. SERRANO IN THE HOUSE OF REPRESENTATIVES COMPACT FOR SUCCESS OF NEW YORK Thursday, September 30, 2004 IN THE HOUSE OF REPRESENTATIVES Mr. NEY. Mr. Speaker: HON. BOB FILNER Thursday, September 30, 2004 OF CALIFORNIA Whereas, Todd Skinner was a participant in Mr. SERRANO. Mr. Speaker, I rise today to the ‘‘King Pumpkin’’ contest; and IN THE HOUSE OF REPRESENTATIVES pay tribute to Mrs. Rosabel Simmons, an out- Whereas, Todd Skinner harvested a pump- Thursday, September 30, 2004 standing individual who has devoted her life to kin weighing 909 pounds and was deemed Mr. FILNER. Mr. Speaker, I rise today in her family and to serving the community. Mrs. worthy of being named king in the 41st Annual support of funding in the Labor-Health and Simmons will be celebrating her 100th birth- Pumpkin Festival in Barnesville; and Human Services-Education Appropriations bill day in the company of her family and friends Whereas, Todd Skinner should be com- for the Compact for Success, an educational on Thursday, in my congressional district in mended for his efforts and diligence in pro- reform and college guarantee program at the the Bronx. viding nourishment to the pumpkin keeping it Sweetwater Union High School District, lo- Rosabel Simmons, known as Rose, was healthy in preparation for the event. cated in my Congressional District in Cali- born on September 30, 1904, to York and Therefore, I join with the residents of the en- fornia. The Sweetwater Education Foundation, Malsie Simmons on Wadmalaw Island, South tire 18th Congressional District of Ohio in hon- a non-profit organization, facilitates this pro- Carolina. She was the youngest of seven chil- oring and congratulating Todd Skinner for his gram. dren and received her formal education on the outstanding accomplishment. The Sweetwater Union High School District Island. She married John Simmons of Edisto serves the densely populated corridor between Island, South Carolina, and they raised a total f downtown San Diego and the international of nine children. HONORING ROCKBROOK ELEMEN- border with Mexico, including nearly 40,000 Rose followed John to New York with two of TARY SCHOOL’S AMERICAN SPIR- students in grades seven through twelve. their children in 1925. They resided at various IT TOWARD THE VICTIMS OF These students live in some of the most di- locations in Harlem and the Bronx until they fi- THE BESLAN SCHOOL TRAGEDY verse and economically disadvantaged com- nally settled in Bronx County. She worked in munities in the state. The schools serve large the hotel industry and was a union member. numbers of ‘‘latchkey’’ children, many of whom After her retirement, she opened a retail es- HON. MICHAEL C. BURGESS enter school behind in basic academic skills. tablishment that she owned with her husband OF TEXAS Nearly half of the students in the district qual- on Union Avenue in the Bronx. IN THE HOUSE OF REPRESENTATIVES Rose is a strong advocate of education and ify for free or reduced price meals, a figure Thursday, September 30, 2004 that is as high as 90 percent at some sites. sent all of her children to local public schools In addition to their economic disadvantage, from elementary school through college. Never Mr. BURGESS. Mr. Speaker, today, I would a significant percentage of Sweetwater youth one to sit on the sidelines when it came to her like to say thank you to one of my hometown come from homes where adult educational at- children and grandchildren, Rose converted schools, Rockbrook Elementary School lo- tainment is low. Many parents are new immi- from the Methodist Church to the Catholic cated in Lewisville, Texas. The students of grants with limited schooling in their home Church to support her grandchildren when Rockbrook enthusiastically participated in a countries. With little history of academic suc- they entered the Catholic school system. She card giving program for the victims of the cess, these adults often lack the first-hand always insisted on raising the bar of excel- Beslan school tragedy. ‘‘know-how’’ so critical in helping their children lence and held each of her children and Before departing for my mission to Russia, reach high achievement goals and think about grandchildren to the same high standard. I asked several local schools if they would like attending college. This affectionate, tenacious woman serves to create, draw, color or write greeting cards With 84 percent of its students coming from as the matriarch of her family. She is fre- to the survivors and grieving families. The re- ethnicities traditionally under-represented in quently consulted by her children, grand- sponse was overwhelming. I was honored to higher education, Sweetwater is one of Cali- children and great grandchildren for advice, be able to present hundreds of colorful cards fornia’s most diverse districts. More than half guidance and reassurance. Rose attributes to patients and families. of Sweetwater’s students speak a language her longevity to her father’s genes; York Sim- During my time in Russia, I had the oppor- other than English at home. mons lived to be 114 years of age, and one tunity to visit survivors recuperating at two The Compact for Success, now entering its of her older sisters, Jestine Simmons Mat- hospitals. The visits were moving and tearful, fifth year, is raising the bar academically and hews, lived to be 110 years of age. Both re- but you could see the hearts of American stu- giving the Sweetwater students the tools to sided in Charleston, South Carolina. dents truly shining in the eyes of the Russian reach their goal of attending a four-year uni- Her motto is very simple: When you reach children. I was truly privileged to represent the versity. Compact participants are students of the tender age of 100 years, life becomes very United States, and especially grateful to be Sweetwater Union High School District, who simple. Good food, a good John Wayne or able to share wonderful cards full of encour- complete six years in the Compact program in Clint Eastwood movie and continuing civic re- agement and joy. exchange for guaranteed admission to San sponsibility. For her birthday gift she asked Again, thank you, the students of Rockbrook Diego State University. ‘‘everyone eligible to vote to make it to their Elementary for your kindheartedness and Even though the first class of Compact stu- polling station and vote.’’ thoughtfulness. Your words strongly conveyed dents is in the 11th grade, the impact of high- Rose has seen many elections and believes the spirit of the American people and our com- er expectations is already evident. This year, voting is a right which we must exercise, if we mitment to build relations with countries dedi- the number of graduating seniors admitted to are to maintain the privilege, a privilege she is cated to combating global terrorism. CONGRESSIONAL RECORD — Extensions of Remarks E1769 HONORING THE LAND DONATION generous gift to the SNRA. Although I never dents truly shining in the eyes of the Russian OF THE CAMPBELL AND WILLS had the opportunity to meet Sarah, I can only children. I was truly privileged to represent the FAMILY TO MEMORIALIZE imagine she shared the same ideals and prin- United States, and especially grateful to be SARAH PEARSON CAMPBELL cipals that her family and friends displayed able to share wonderful cards full of encour- when donating this substantial piece of land. agement and joy. HON. MICHAEL K. SIMPSON f Again, thank you, the students of Lewisville High School North and to Sasha Watson for OF IDAHO ACHIEVEMENTS OF CHESTNUT IN THE HOUSE OF REPRESENTATIVES the fifty personalized cards containing Russian HILL HOSPITAL’S FIRST HUN- phrases and for your kindheartedness and Thursday, September 30, 2004 DRED YEARS thoughtfulness. Your words strongly conveyed Mr. SIMPSON. Mr. Speaker, I rise today to the spirit of the American people and our com- pay tribute to the friends and family of Sarah HON. JOSEPH M. HOEFFEL mitment to build relations with countries dedi- Pearson Campbell, who recently donated fifty OF PENNSYLVANIA cated to combating global terrorism. acres of land to the Sawtooth National Recre- IN THE HOUSE OF REPRESENTATIVES f ation Area. With this being the last week of September Thursday, September 30, 2004 PAYING TRIBUTE TO JOHN and there being only five weeks before a very Mr. HOEFFEL. Mr. Speaker, I rise today to HARDARDT influential election that includes a race for the recognize and celebrate the outstanding second congressional district of Idaho, as well achievements of Chestnut Hill Hospital’s first HON. SCOTT McINNIS as a presidential race, I often find myself with hundred years. OF COLORADO too few hours in my day to accomplish every- Since its inception on October 1, 1904, IN THE HOUSE OF REPRESENTATIVES thing that I want to do. But when I was re- Chestnut Hill Hospital has provided attentive Thursday, September 30, 2004 cently made aware of a land donation that had and extraordinary care to its patients. Begin- Mr. MCINNIS. Mr. Speaker, it is with great been given to the Sawtooth National Recre- ning as a facility in twin houses on Gravers pride that I rise today to pay tribute to John ation Area, I felt obligated to say thank you to Lane, the Hospital originally consisted of two Hardardt, a truly dedicated public servant from the families that made the donation possible. wards, five private rooms, one operating room Durango, Colorado. John has been a devoted Doug and Mary Campbell, along with the and one reception room. The support of the champion of veterans issues, and I would like families of Wes, Bob and Hank Wills recently dedicated community allowed for the Hospital to join my colleagues here today in recog- donated a 50 acre parcel of land in the heart to treat over 275 patients in the first few nizing his tremendous service to helping of the Sawtooth National Recreation Area. The months of the facility’s existence. Over the America’s veterans before this body of Con- land is located within the heart of Boulder past 100 years, the Hospital has grown by gress. City—a present day ghost town that was once leaps and bounds with the latest technology John served in the Army for fourteen years a promising mining town in the heart of Ida- and has continued to treat the families of and fought in the Vietnam War. Since then, he ho’s Boulder Mountain range. Northwest Philadelphia and Eastern Mont- has undergone more than forty surgeries in Historic Boulder City is located north of gomery County with the most compassionate VA hospitals as a result of combat related in- Ketchum, a rugged and steep six-mile track of care. The remarkable people who have juries. As La Plata County’s first Veteran’s from Highway 75 up Boulder Creek to the seen the Hospital through events such as the Service Officer, John was instrumental in ex- Basin. The city was the second town estab- World Wars, the Depression and the Philadel- panding VA services to the rural area. He led lished in the Wood River Valley and was once phia Flu Epidemic also deserve recognition as a five year struggle to bring a VA clinic to the home to a store, hotel, post office, corral, sa- fundamental to the Hospital’s success. city of Durango, Colorado, and managed to loon, cabins, an ore processing mill and var- Though Chestnut Hill Hospital’s second cen- obtain the necessary funds to purchase vans ious mines. The land donated contains the re- tury begins with new owner, the University of for transporting veterans in need of medical mains of the mill, four cabins and other mining Pennsylvania Health System and Vanguard attention. After serving so effectively in Du- structures. Health Systems, the Hospital will undoubtedly rango, John has recently accepted a pro- The gift was given to pay tribute and honor continue the kind and dedicated care that has motion and will be continuing his work in Long the Campbell’s daughter Sarah Pearson become its trademark. I congratulate Chestnut Campbell, who was killed in an avalanche in Beach, California. Hill Hospital on 100 years of excellent service Mr. Speaker, it is a privilege to honor Vet- December 2000 while back country skiing in to the community. erans Service Officer John Hardardt for his Teton County, Wyoming. ‘‘By donating this f service to this country, and his dedication to historic site, we will be honoring Sarah’s com- the heroes of our armed services. John man mitment to protecting the beauty and integrity HONORING LEWISVILLE HIGH is a great patriot, and it is a pleasure to recog- of the area,’’ said Doug and Mary Campbell. SCHOOL NORTH’S AMERICAN nize him today before this body of Congress ‘‘This parcel of land is symbolic of Sarah’s SPIRIT TOWARD VICTIMS OF THE and this Nation. Thank you, John, for every- work and experiences in, and love for, the BESLAN SCHOOL TRAGEDY thing you have done for the veterans of La mountains here in the Sawtooth National Plata County. Congratulation on your pro- Recreation Area.’’ HON. MICHAEL C. BURGESS motion, and I wish you all the best in your fu- Words such as these make me proud to be OF TEXAS ture endeavors. both an Idahoan and American. I have the ut- IN THE HOUSE OF REPRESENTATIVES most respect and gratitude for these families, f Thursday, September 30, 2004 who are willing to carry on the legacy of their GARY LEE ‘‘DEUCE’’ STALEY daughter and friend through a donation they Mr. BURGESS. Mr. Speaker, today, I would know would have made her very proud. Al- like to say thank you to one of my hometown HON. KEVIN BRADY schools, Lewisville High School North located though Sarah is no longer able to share in the OF TEXAS in Lewisville, Texas. The students of Lewisville scenic beauty of the SNRA, her friends and IN THE HOUSE OF REPRESENTATIVES family wanted to make sure others would be High School North enthusiastically participated able to experience the same beauty that in a card giving program for the victims of the Thursday, September 30, 2004 Sarah came to know and love. Beslan school tragedy. Mr. BRADY of Texas. Mr. Speaker, during I obviously cannot begin to put into words Before departing for my mission to Russia, the 2004 Fallen Fire Heroes Memorial Week- the sentimental meaning and significance this I asked several local schools if they would like end, our nation will come together to honor gift has for the families involved; that is some- to create, draw, color or write greeting cards the 107 firefighters who perished in the line of thing one would have to ask Sarah’s family to the survivors and grieving families. The re- duty last year. Regretfully, eight Texas fire- and friends about. But I can tell you this is sponse was overwhelming. I was honored to fighters lost their lives, two of whom are from only the third land donation to the SNRA since be able to present hundreds of colorful cards the 8th Congressional District. its establishment in 1972, and is critical in to patients and families. We are not here to mourn the loss as much helping the US Forest Service preserve an During my time in Russia, I had the oppor- as we are here to celebrate the lives of these area rich in beauty and history. tunity to visit survivors recuperating at two dedicated heroes that serve selflessly in the I would like to extend a personal thank you hospitals. The visits were moving and tearful, worst of conditions to keep us safe. We cele- to all of those involved with this unselfish and but you could see the hearts of American stu- brate their commitment, their compassion and E1770 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 their courage. So many hours of training; days There is reason for concern, because oligar- Before departing for my mission to Russia, and nights of service; time away from their chic interests will likely try to stack the po- I asked several local schools if they would like families and friends; comradery with their litical deck, and to protect ill-gotten gains to create, draw, color or write greeting cards from past and pending privatizations. brothers; lives and homes saved... it is impos- The second issue affects the United States to the survivors and grieving families. The re- sible to put into words our gratitude for these even more directly, for Ukrainians will de- sponse was overwhelming. I was honored to heroes in our lives and our communities. cide whether to support those who favor in- be able to present hundreds of colorful cards Gary Lee ‘‘Deuce’’ Staley of the Porter Vol- tegration into NATO and the European to patients and families. unteer Fire Department, will have his name Union, or those who favor realignment with During my time in Russia, I had the oppor- added to the plaques surrounding the National Russia and Belarus, the latter already under tunity to visit survivors recuperating at two the sway of an unsavory dictator. Fallen Firefighters Memorial Park in Emmits- After meeting with Russian President hospitals. The visits were moving and tearful, burg, Maryland, just outside of Washington, Vladimir Putin last month, Ukraine’s Presi- but you could see the hearts of American stu- D.C. this weekend. dent Leonid Kuchma amended his govern- dents truly shining in the eyes of the Russian As a member of the Porter Volunteer Fire ment’s national security doctrine to turn children. I was truly privileged to represent the Department, Deuce died serving the commu- away from NATO and the EU. The impact United States, and especially grateful to be nity that he loved and will always be remem- was felt immediately: Instead of continuing able to share wonderful cards full of encour- bered for his heroism and sacrifice. to plan to transport Caspian oil from the agement and joy. In January 2003, Deuce was responding to Black Sea to central Europe and eventually Again, thank you, the students of Sanger the Baltic, Kuchma now plans to transport a fire at an antique car showroom. While at- Russian oil to the Black Sea and further con- Middle School for your kindheartedness and tempting to lead three stranded firefighters out gest the environmentally sensitive Turkish thoughtfulness. Your words strongly conveyed of the blaze and to safety, a car filled with ni- Straits. the spirit of the American people and our com- trous oxide exploded, killing Staley instantly. Both the EU and the Turkish government mitment to build relations with countries dedi- Firefighters represent the best our commu- have expressed deep concern about this de- cated to combating global terrorism. nity has to offer. We honor them today, not velopment. But the Bush administration has been largely silent. f only for their final act of bravery but for the Our European and Turkish allies recognize lives they led. A firefighter’s work can some ACKNOWLEDGING CONTRIBUTIONS the stakes. Will a country of 48 million peo- MADE TO DEPARTMENT OF times be thankless, but of all the men and ple, almost the size of Texas, have the oppor- women I’ve met, meet challenge and the dan- tunity to pursue a common destiny with its HOMELAND SECURITY BY ger without complaints and without regret. neighbors to the north and west? Or will MARGIE GILBERT AND DR. JULIE Their lives provided hope and comfort to vic- Ukraine take a course in which new lines CANEPA tims of horrible events that we pray never could be drawn across post-Cold War Europe? come to us or the ones we love. Will energy flows continue to be subject to control by Russian monopolies, or will they HON. MAC THORNBERRY This remembrance service is as much a reach markets competitively and support the OF TEXAS celebration of their lives and their ideals as it freedom of Ukraine and the Caspian states? IN THE HOUSE OF REPRESENTATIVES is a time to reflect on what we have lost. Fire- Strategically located between a newly as- Thursday, September 30, 2004 fighters remind us that heroes are every day sertive Russia and an expanded NATO and people who decide to devote their lives and EU, Ukraine can be a bridge to increased co- Mr. THORNBERRY. Mr. Speaker, one of work to something greater than themselves. operation between these two realms. Or it the biggest challenges for this Congress over Today we are here to honor Gary Staley can create new grounds for division. What re- the past 2 years has been to fulfill our respon- mains to be seen is whether this pivotal Eu- and his brothers, the 106 nationwide who’ve sibilities on homeland security. At the begin- ropean country will take the path of reform ning of this Congress, the Speaker decided to sacrificed so much. With the start of a new or the path of increased state control. This day, we honor the families and friends they’ve decision will impact a similar drama being create a Select Committee on Homeland Se- left behind. Mr. Speaker, our prayers are al- played out between reformers and statists curity to help get the new Department of ways with them. Together as a community and across the vast expanse of Russia itself. The Homeland Security off to a good start and to a nation, we say thank you to those who will most important interest here is to create du- focus congressional efforts on the many stand in the place of those who have fallen rable political, economic and security ties issues related to helping to protect our citizens engaging the Euro-Atlantic community with against terrorism. and will continue to faithfully serve and pro- both Russia and Ukraine. tect. Americans can make clear where we stand: Beginning a new committee on such a com- f with those in Ukraine supporting free and plex topic would never be easy. Doing so with- democratic choice. With our European allies, in a very limited time was even more difficult. UKRAINE-U.S. RELATIONS we can make clear that EU and NATO doors We had to have help, and to the good fortune are open if Ukrainians choose the path of in- of the House and of the country, we got help HON. MARCY KAPTUR tegration and reform. But this brings us from some exceptional people. back to our own elections in November. OF OHIO I want to take a moment to acknowledge the There is one candidate who believes in demo- contributions of two of them whose tour of IN THE HOUSE OF REPRESENTATIVES cratic action, rather than ideology, and fa- duty on Capitol Hill is ending and to thank Thursday, September 30, 2004 vors making common cause with our allies. There is another who has failed to do so, to them for all they have done for me, as a sub- Ms. KAPTUR. Mr. Speaker, I rise today to the great detriment of America’s vital na- committee chairman on the Select Committee, submit the following article for the RECORD. tional security interests. The stakes in the and for the entire Committee. Working with my COMMENT: UKRAINE-U.S. RELATIONS HINGE ON United States, as in Ukraine, could not be Legislative Director, Kim Kotlar, these two indi- FALL ELECTIONS higher. viduals have made enormous contributions to (By Richard Holbrooke, Jan Kalicki and f the development of the new Department of Mark Brzezinski) HONORING SANGER MIDDLE Homeland Security and its vital mission. SEPT. 27.—Americans are increasingly fo- SCHOOL’S AMERICAN SPIRIT TO- Our subcommittee has had responsibility for cused on our pivotal presidential choice on cybersecurity and for science and technology. Nov. 2. But many may not be aware that WARD THE VICTIMS OF THE BESLAN SCHOOL TRAGEDY To advise us on cybersecurity, we have had partway around the world, at the doorstep of the assistance of Margie Gilbert. Margie was an expanded Europe, the citizens of Ukraine will be making an important choice in their previously assigned to the White House as a HON. MICHAEL C. BURGESS director in the Office of Cyberspace Security, Oct. 31 elections for president. OF TEXAS Ukrainians will decide whether a pro-West- supporting both the National Security Council IN THE HOUSE OF REPRESENTATIVES ern reformer, Viktor Yushchenko, or a pro- and the Office of Homeland Security. She Russian statist, Viktor Yanukovich, will be Thursday, September 30, 2004 dealt with intelligence and domestic protection, elected. That choice is theirs and theirs Mr. BURGESS. Mr. Speaker, today I would particularly national-level incident handling and alone to make. But friends of Ukraine can like to say thank you to one of my hometown counterterrorism. Throughout her DOD career, certainly express concern about issues at stake. The first issue is the freedom and fair- schools, Sanger Middle School in Sanger, she has worked as an intelligence liaison offi- ness of the election process—to ensure that Texas. The students of Sanger Middle School cer, foreign relations officer, collection systems the power of the incumbent president, who enthusiastically participated in a card giving project leader, contracts and budget manager, cannot run again, is not mobilized to sup- program for the victims of the Beslan school and supervisor of a microelectronics research press open debate and unfettered choice. tragedy. organization. She completed international CONGRESSIONAL RECORD — Extensions of Remarks E1771 business studies at University of Copenhagen, HARD TIMES tion, materials from Home Depot, free termite has a bachelors degree in computer science treatment donated by Terminix, free heating from the University of Tennessee, and a mas- HON. JOE BACA and air conditioning, and the list continues to ters degree in technical management from OF CALIFORNIA grow. Blackie Black is a native Northwest Flo- Johns Hopkins University. IN THE HOUSE OF REPRESENTATIVES ridian, born in Milton. He and his wife Bonnie I soon discovered that, in addition to her Thursday, September 30, 2004 own and operate Bagdad Builders and have warm and engaging personality, Margie has Mr. BACA. Mr. Speaker, times are hard, and been involved in giving back to the community earned enormous respect from those most in- this Republican Congress and the White for years. He belongs to a religious builders volved in and most knowledgeable about House are oblivious to it. group, which travels the globe building homes cybersecurity issues. Success in cybersecurity Middle class families are being squeezed for disadvantaged people and churches for requires a unique partnership of government from every direction. And what have Repub- communities. He has been doing this for and industry, and Margie has done a great licans done about it? Nothing. years, but now the dedicated, caring, Santa deal to promote that relationship so necessary Before President Bush took office, 22 million Rosa County resident is giving back to his neighbor who fought bravely for the freedom for success. She has guided the sub- new jobs had been created. Since then, over 1.7 million jobs have been lost. of the Iraqis. committee to the issues that matter most. Her Recently, Dustin was asked in an interview, deep understanding of the issues and of the Instead of creating new jobs, Republicans gave tax cuts to companies that send jobs ‘‘Do you think other communities can do this limitations of some proposed solutions, as well overseas. as well?’’ Dustin responded, ‘‘That’s not the as her personal touch, have benefited all who When President Bush took office, the num- question. Will they? Not can they, but will have worked with her, inside and outside of ber of uninsured Americans had dropped for they?’’ government. the first time in 12 years. Now, 45 million America is a compassionate and generous Dr. Julie Canepa has advised the committee Americans cannot afford to get sick because land. With their good works, volunteers are on technology issues. Julie is a scientist at they have no health insurance. showing the heart and soul of our people, Los Alamos National Laboratory. She has a Four years ago, we had a $236 billion budg- which is the greatest strength of our nation. In keeping with Commissioner Salter’s BS in chemistry from Saint Mary’s College in et surplus. Now, thanks to tax cuts for the wealthiest Americans, the national credit card motto, ‘‘We take care of our own in Santa Indiana and her Ph.D. in chemistry is from Ari- Rosa County.’’ Dustin, Alisha, Dillyn, Zachery, zona State University. Among the many jobs is maxed out. Meanwhile, over a thousand Americans Dammyn, and Lexi will always be grateful for she has had at Los Alamos are Program Man- have died in Iraq. the financial assistance and support the com- ager for Environmental Restoration Project American families be warned, if the White munity and you have so generously given. and Program Manager for the Los Alamos House doesn’t send your jobs overseas, they’ll Mr. Speaker, I would like to recognize work with the Yucca Mountain Project. She send your kids. Blackie Black for the example he has set in his community. I offer my sincere thanks for all has published a number of articles. f that he has done for Northwest Florida and Protecting the American homeland requires HONORING BLACKIE BLACK OF this great nation. the research, development, and utilization of BAGDAD BUILDERS INCOR- f technologies. This part of the Department of PORATED Homeland Security is totally new, and Julie THE HONORABLE SANDRA S. BECKWITH BECOMES FIRST has helped get it off on the right foot. The HON. JEFF MILLER WOMAN CHIEF JUDGE OF THE range of technologies and issues associated OF FLORIDA U.S. DISTRICT COURT FOR THE with them is enormous. From communications IN THE HOUSE OF REPRESENTATIVES SOUTHERN DISTRICT OF OHIO interoperability to radiological detection to vac- Thursday, September 30, 2004 cines and antidotes, Julie has had to under- HON. ROB PORTMAN stand not only the technology, but also the Mr. MILLER of Florida. Mr. Speaker, I rise today to honor Blackie Black, and to thank him OF OHIO government and industry processes which for patriotically helping our wounded war he- IN THE HOUSE OF REPRESENTATIVES could bring those technologies into use. In ad- roes who are returning home to their commu- Thursday, September 30, 2004 dition to her enormous gifts of intellect, she nities. Mr. PORTMAN. Mr. Speaker, I rise today to also has a special talent for helping others, The strength of America lies in the hearts honor Judge Sandra S. Beckwith, who on who may not have her breath and depth of un- and souls of our citizens. All across our coun- Monday, October 4, 2004 will become the first derstanding and knowledge, feel comfortable try, people are donating their time and talents woman to hold the position of chief judge for with very complex subject matter. to improving lives and strengthening commu- the U.S. District Court of the Southern District I recognize that Federal agencies have a nities. We have a shining example of this in of Ohio. our very own backyard of Santa Rosa County. difficult time allowing significant numbers of Landmark achievements are nothing new for The most recent acts of kindness by North- Judge Beckwith. Born on a military base in employees work in other agencies or in other west Floridians have had a profound effect on Norfolk, Virginia while her father served in the branches of government. However, I believe people’s lives and on the future of our country. United States Navy, she grew up in Cincinnati more strongly than ever that our country is They once again are going beyond meeting hoping to follow in the footsteps of her grand- well served when those who have a particular the essential needs in the communities, know- father, Reed A. Shank, who was the physician expertise and perspective are allowed to share ing the fulfillment that only comes from serving for the Cincinnati Reds, Cincinnati Bengals that with the legislative branch. In the situation a cause greater than self. Many volunteers got and the University of Cincinnati athletic teams. of this subcommittee with so much to learn started in the same way: because someone After beginning in the pre-med program at the about very technical subjects, I simply do not asked them. In our community that someone University of Cincinnati, Judge Beckwith later know what the committee or I would have was Blackie Black of Bagdad Builders Incor- changed to pre-law at the suggestion of her done without the benefit of these two excep- porated. father. Blackie is constructing the 3,400-square-foot Judge Beckwith graduated from the Univer- tional public servants. home in Clear Creek near Allentown, Florida sity of Cincinnati’s William Howard Taft Col- The last 2 years have seen much progress for medically retired Army Staff Sergeant lege of Law with honors and received the and some frustrations in homeland security. Dustin Tuller. Staff Sergeant Tuller came to Betty Kuhn Memorial Prize for the top woman We clearly have much left to do. But with the Bagdad Builders to build his home, however it graduate. She started practicing law in Har- continued work of dedicated, talented profes- was County Commissioner Don Salter who rison, Ohio with her father, Charles L. Shank. sionals like Margie Gilbert and Julie Canepa, sought donations from the community to pay In 1977, she began a series of career mile- we will be successful. And I have no doubt for the home. Commissioner Salter rallied the stones as she was appointed, and later elect- that these two outstanding individuals will con- local community to get involved and numerous ed, as the first woman to serve on the Ham- tinue to contribute to the security of the coun- contractors came on board to help complete ilton County Municipal Court. Judge Beckwith the construction with such goods and services has been the first woman elected to the Ham- try in many ways and for many years to come. as free labor, insulation from Coastal Insula- ilton County Court of Common Pleas, Division E1772 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 of Domestic Relations; appointed to the Ham- trict after the 2000 census, and I held a town IN SUPPORT OF THE DIRECT PRO- ilton County, Ohio Board of Commissioners hall meeting at Standish-Sterling High School FESSIONALS FAIRNESS AND SE- (and the first woman elected Chairman by her in February of 2003 in order to get to know my CURITY ACT OF 2004 fellow Commissioners); and the first woman new constituents. I was impressed by their elected to the Hamilton County Commis- thoughtful questions and touched by their wel- sioners. While serving as a Hamilton County come to me as their new Representative. I HON. LEE TERRY Commissioner, Judge Beckwith practiced law was, and continue to be, very proud to rep- OF NEBRASKA with the respected Cincinnati firm of Graydon resent this fine community in Congress. Head & Ritchey. Mr. Speaker, I ask the United States House IN THE HOUSE OF REPRESENTATIVES A leader on the critical issues of domestic of Representatives to join me in congratulating violence, child support and family law, Judge the City of Standish and its residents on their Thursday, September 30, 2004 Beckwith serves on the board of Tender Mer- first 100 years and in wishing them well Mr. TERRY. Mr. Speaker, I rise today to call cies and the Cincinnati Red Cross and chairs through the next century. the House’s attention to the Direct Support the board of the Collaborative Law Center. f Professionals Fairness and Security Act of Previously, she served on the boards of 2004. This act was introduced today by myself United Way of Cincinnati; Great Rivers Girl COMMEMORATING THE 100TH ANNI- and Representative Lois Capps. The Act pro- Scouts Council, and remains an ex-officio VERSARY OF THE BIRTH OF WIL- vides temporary assistance to states who member of the University of Cincinnati College LIAM ‘‘COUNT’’ BASIE AND AC- choose to participate to achieve pay parity be- of Law Board of Visitors. KNOWLEDGING HIS CONTRIBU- tween private and public direct support profes- All of us in the Cincinnati area congratulate TIONS TO JAZZ AND SWING sionals who are essential components of our Judge Beckwith on this prestigious honor. We MUSIC look forward to her continued leadership. nation’s formal long-term support system for SPEECH OF individuals with disabilities. f HON. CHARLES B. RANGEL There are more than 54 million Americans CONGRESSIONAL TRIBUTE TO THE OF NEW YORK with disabilities, 8 million of whom have men- 100TH ANNIVERSARY OF THE IN THE HOUSE OF REPRESENTATIVES tal retardation and other developmental dis- CITY OF STANDISH abilities. Nearly fourteen million require long- Wednesday, September 29, 2004 term supports and services. These supports HON. BART STUPAK Mr. RANGEL. Mr. Speaker, I rise before you include assistance to meet the individual’s per- OF MICHIGAN today to join with my colleagues in paying trib- sonal care and hygiene, habilitation, transpor- IN THE HOUSE OF REPRESENTATIVES ute to one of the most adored musical treas- tation, employment, meal preparation, house- ures of our time, the legendary William keeping, and other home management Thursday, September 30, 2004 ‘‘Count’’ Basie. needs—supports many of us often take for Mr. STUPAK. Mr. Speaker, I rise today to Though we lost the late Great Count Basie granted. honor a community in my district that is cele- in 1984 at the age of 79, his melodious spirit brating its 100th anniversary as a city. This and rhythmic style will never be forgotten. The workers who provide services to the in- weekend, I will join the residents of Standish, It is said of Count Basie, that he was one dividuals with disabilities are known by many Michigan as they mark this great milestone. of the pre-eminent bandleaders of the Big job titles—but one thing in common is shared The land that is now Standish was originally Band era in the 1930’s and 40’s. Dubbed the by all of them. They are the hands, voice and surveyed and mapped in 1871 by P.M. Angus, ‘‘Master of Swing’’ because of the flowing in- face of long-term supports and the human re- who had to travel there on foot since the rail- tensity of his music, Count Basie was known lationship established between the individual road had not yet been extended to the area. for his provocative keyboard style character- and the worker is at the core of our nation’s Mr. Angus was hired by John D. Standish, ized by a predominant right hand, which pro- formal long-term supports system. Many are who owned most of the land, and whose saw duced quite a distinctive sound. women and the sole income earners for their mill was the first industry in the new settle- Among his band’s best known tunes was families. Although providing an essential serv- ment. The first official name of the settlement ‘‘One O’Clock Jump,’’ ‘‘Jumpin’ at the ice to humanity, many of them remain impov- was Granton, but in 1884, the Village of Woodside,’’ ‘‘Li’l Darlin’,’’ and ‘‘April in Paris.’’ erished due to low wages that have not kept Granton changed its name to the Village of With the Count on Piano and band member pace with those of other industries. Turnover Standish. Freddie Green on guitar, American jazz would rates for these dedicated workers range be- The same year that Standish was founded, never be the same. tween 40 and 100 percent. This has caused a the community built its first school, and the Though he was born in Red Bank, New Jer- retention and recruitment crisis that threatens railroad was eventually extended to the area. sey, Count Basie would call New York City our ability to provide adequate supports to The residents of Standish have a strong sense home when he moved there in 1924 and be- people with disabilities of all ages. Further, of their history, and the current Standish Ele- came acquainted with Harlem and the talents with such rampant turnover, many of the indi- mentary School stands at the same location of Fats Waller. He and Fats became friends viduals with disabilities must face new, unfa- as that original school. Also, the original rail- almost immediately and Fats would end up miliar faces for their daily assistance and lose road depot for the town is still in use, thanks teaching him to play the organ. the support of those upon whom they have to the local fundraising and restoration efforts Count Basie began his professional career come to rely. of the community. as an accompanist on the vaudeville circuit, The Direct Support Professionals Fairness and in 1935, became the leader of a nine- In 1904, Standish was first incorporated as and Security Act of 2004 provides up to five a city. Over the following years and decades, piece band. It was while he was with this band years of temporary assistance in the form of the community grew and marked a series of performing in Kansas City, that a radio an- increased Medicaid dollars to states who firsts along with the rest of our nation. By nouncer nicknamed him ‘‘Count’’ because he choose to participate. Participating states will 1938, it had 913 residents, and today its popu- wanted to indicate his standing in a class with direct these desperately needed funds directly lation is 2,091. The first cars came in 1907 aristocrats of jazz such as Duke Ellington. to increase the wages of private direct support with the arrival of a Buick dealership. Next Though rooted in the style of the 1930s professionals providing essential daily sup- came commercial electricity, speed limits, the swing-era big bands, the Basie orchestra ports to individuals with disabilities. States will first Prohibition arrests, battery operated ra- played with the vigorous drive and carefree have the incentive they need to create parity dios, and city water and trash removal serv- swing of a small combo, and was considered ices. The story of growth and development in a model for ensemble musical conception. between public and nonprofit workers pro- Standish is the story of small town America. Mr. Speaker, I ask my colleagues to join me viding the same essential services. Mr. Speaker, I said that Standish is a warm in commemorating the 100th anniversary of I ask my House colleagues to join me in community, and I can personally attest to that. the birth of William ‘‘Count’’ Basie and his nu- support of the Direct Support Professionals The city was part of the area added to my dis- merous contributions to jazz and swing music. Fairness and Security Act of 2004. CONGRESSIONAL RECORD — Extensions of Remarks E1773 PHYLLIS SCHLAFLY CELEBRATES political prisoners. India has killed over skinned aboriginal people of South Asia), 80TH BIRTHDAY 250,000 Sikhs, over 89,000 Kashmiris, over Manipuris, Tamils, and other minorities. The 300,000 Christians in Nagaland, and tens of Indian Supreme Court called the Indian gov- ernment’s murders of Sikhs ‘‘worse than a HON. MARSHA BLACKBURN thousands of other minorities. Yet India con- genocide.’’ OF TENNESSEE tinues to proclaim its democratic principles. According to a report by the Movement The irony is that India seeks a permanent Against State Repression (MASR), 52,268 IN THE HOUSE OF REPRESENTATIVES seat on the United Nations Security Council. Sikhs are being held as political prisoners in Thursday, September 30, 2004 How can it be on the Security Council when India without charge or trial. Some have Mrs. BLACKBURN. Mr. Speaker, today I it cannot live up to the most basic principles been in illegal custody since 1984! Amnesty International reported that tens of thou- rise to honor a legend as she celebrates her of freedom? sands of other minorities are also being held 80th birthday. Mr. Speaker, it is time for the United States as political prisoners. We demand the imme- Phyllis Schlafly has been a national leader to take action. We must cut off our aid to India diate release of all these political prisoners. of the conservative movement since the publi- until it lets all people within its artificial borders Recently, another church was burned in cation of her best-selling 1964 book, A Choice be free. We must go on record in support of India. This is part of a pattern of violence Not An Echo. self-determination for the people of Kashmir, against Christians that has been going on as India promised in 1948, and for all the since Christmas 1998 with the approval of the Mrs. Schlafly worked shoulder to shoulder Indian government. Nuns have been raped, with other conservatives to create a move- other peoples seeking freedom, such as the priests have been murdered, prayer halls and ment. In 1972 she started a pro-family organi- Sikhs of Khalistan and the Christians of schools have been vandalized. A Christian re- zation based on the values she knew that Nagaland, among others. ligious festival was broken up by police gun- Americans shared with her, and helped Amer- Mr. Speaker, the Council of Khalistan issued fire. ica regain its moral footing. an excellent and informative press release on Indian police arrested human-rights activ- the protests against Dr. Singh. I am inserting ist Jaswant Singh Khalra after he exposed For the next three decades her work helped their policy of mass cremation of Sikhs, in guide young conservatives, and to this day, it into the RECORD now for the information of which over 50,000 Sikhs have been arrested, the organization she created, the Eagle my colleagues. tortured, and murdered, then their bodies Forum, continues to fight for conservative [From the Council of Khalistan, September were declared unidentified and secretly cre- ideals. 29, 2004 mated. He was murdered in police custody. This year the Phyllis Schlafly Report begins INDIA MUST LIVE BY PRINCIPLES OF DEMOC- His body was not given to his family. ‘‘Although Sikhs gave 80 percent of the its 36th year, her syndicated column appears RACY—SEEKS UN SECURITY COUNCIL SEAT BUT VIOLATES PRINCIPLES IT PROCLAIMS sacrifices for India’s independence, India has in 100 newspapers, and her radio com- massacred Sikhs since achieving independ- As Indian Prime Minister Manmohan mentaries are heard daily on 460 stations ence,’’ said Dr. Gurmit Singh Aulakh, Presi- across the nation. Singh spoke to the United Nations General dent of the Council of Khalistan. On October Assembly, Sikhs, Kashmiri Muslims, and 7, 1987, the Sikh Nation declared its inde- And, what I know she’d consider one of her other oppressed minorities of South Asia crowning achievements, Mrs. Schlafly raised pendence from India, naming its new country gathered at the United Nations Building in Khalistan. six children and was named Illinois ‘‘Mother of New York to protest his appearance. They ‘‘Only a sovereign, independent Khalistan the Year’’ in 1992. demanded the immediate release of all polit- will end the repression and lift the standard President Ronald Reagan said it best when ical prisoners, the firing of Cabinet ministers of living for the people of Punjab,’’ Dr. referring to Phyllis Schlafly’s work as ‘‘an ex- who were involved in genocide against Sikhs, Aulakh said. ‘‘Democracies don’t commit ample to all those who would struggle for an Muslims, Christians, and other minorities, genocide.’’ America that is prosperous and free.’’ and sovereignty for the peoples and nations History shows that multinational states Mrs. Schlafly serves as an inspiration to all of South Asia. such as India are doomed to failure. Coun- ‘‘If India seeks to be a permanent member tries like Austria-Hungary, India’s longtime of us who work to preserve our important of the Security Council, it must learn to friend the Soviet Union, Yugoslavia, Czecho- American values—family, faith, and freedom. practice the principles of democracy,’’ said slovakia, and others prove this point. India f Dr. Gurmit Singh Aulakh, President of the is not one country, it is a polyglot like those Council of Khalistan, which leads the Sikh countries, thrown together for the conven- THE TIME HAS COME FOR INDIA struggle for freedom. ‘‘In 1948, India de- ience of the British colonialists. It is doomed TO LIVE UP TO DEMOCRATIC manded a free and fair plebiscite in Kashmir. to break up as they did. Recently, the Pun- PRINCIPLES That plebiscite has never been held,’’ he said. jab Legislative Assembly passed a bill annul- ‘‘Similarly, India must grant self-determina- ling all water agreements with the Indian tion to Khalistan, Nagaland, and the other government, preventing the government’s HON. EDOLPHUS TOWNS countries seeking their independence,’’ he daylight robbery of Punjab river water. Pun- OF NEW YORK said. jab needs its river water for its crops. In the IN THE HOUSE OF REPRESENTATIVES While Prime Minister Singh spoke of ‘‘a bill, the Assembly explicitly stated the sov- ereignty of Punjab. Thursday, September 30, 2004 world in which a free people could together pursue a destiny of shared prosperity,’’ the ‘‘As Professor Darshan Singh, a former Mr. TOWNS. Mr. Speaker, recently, Indian farmers of Punjab are forced to accept less Jathedar of the Akal Takht, said, ‘if a Sikh Prime Minister Dr. Manmohan Singh spoke to than subsistence prices for their crops. Half is not a Khalistani, he is not a Sikh’,’’ Dr. the General Assembly of the United Nations. the population of India lives below the inter- Aulakh noted. ‘‘We must continue to press national poverty line. Dr. Singh spoke of a for our God-given birthright of freedom,’’ he He was met with protests from Sikhs, Mus- said. ‘‘Without political power, religions can- lims, and other protestors. global coalition against terrorism, but his government gives only lip service to the War not flourish and nations perish. India claims Although Dr. Singh is a fine economist, his on Terror. India sponsors cross-border ter- to be a democracy. It is time it recognized speech masked the reality of life in India. He rorism in Sindh, according to the Wash- the right of self-determination for all people spoke out against terrorism but he failed to ington Times of January 2, 2002. Although he in South Asia.’’ note that India has inflicted a reign of terror on spoke against the proliferation of weapons of f its people while sponsoring terrorism in the mass destruction, it was India that began INTRODUCTION OF MILITARY Pakistani province of Sindh, according to the the nuclear competition in South Asia. Dr. FAMILIES LEAVE ACT January 2, 2002 issue of the Washington Singh spoke of ‘‘democracy as an instrument Times. He spoke of cooperation against pov- for achieving both peace and prosperity,’’ yet India denies the most basic of democratic erty, ignoring the fact that 40 percent of the HON. TOM UDALL freedoms to the Sikhs and other minorities OF NEW MEXICO people in his country live on less than $2 per living within its borders. IN THE HOUSE OF REPRESENTATIVES day and farmers in Punjab are forced to ac- India has murdered over 250,000 Sikhs since cept prices for their crops that provide them 1984, according to figures compiled by the Thursday, September 30, 2004 with a less than subsistence wage, forcing Punjab State Magistracy and human-rights Mr. UDALL of New Mexico. Mr. Speaker, I them to go deeply in debt to stay alive. He groups and reported in the book The Politics rise today to introduce the Military Families spoke of eliminating weapons of mass de- of Genocide by Inderjeet Singh Jaijee. It has also killed more than 89,000 Kashmiri Mus- Leave Act, a bill that will take a small step to struction but India started the nuclear competi- lims since 1988, over 300,000 Christians in help ease the burden of military families in this tion in South Asia. He spoke of democracy Nagaland since 1947, and thousands of Chris- country. while basic human rights are being violated. tians and Muslims elsewhere in the country, Nearly everyday we hear stories about the Over 52,000 Sikhs and tens of thousands of as well as tens of thousands of Assamese, hardships of the families of our nation’s sol- other minorities languish in Indian prisons as Bodos, Dalits (‘‘Untouchables,’’ the dark- diers. Family members of deployed soldiers E1774 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 face unique challenges, especially in the first of the Armed Forces serving on active duty ing to accommodate this absence with often days and weeks after the member has been in support of a contingency operation or no- less than 30 days notice and it requires a summoned to duty. The National Military Fam- tified of an impending call or order to active considerable amount of time to make the duty in support of a contingency operation. necessary adjustments. Family members ily Association has testified that it hears from NMFA has heard from many families about supporting a spouse, son, daughter or parent many families about the difficulties of bal- the difficulty of balancing family obligations that is serving on active duty, should not ancing new family and personal requirements with job requirements when a close family have to also be afraid of losing their job. with their regular duties when a family mem- member is deployed. Suddenly, they are sin- The bill recognizes many of the problems ber is deployed. As members of Congress, we gle parents or, in the case of grandparents, encountered in the current mobilization and too hear from constituents who struggle with assuming the new responsibility of caring for provide solutions. We are stunned and appre- this balance. I believe there are measures we grandchildren. The days leading up to a de- ciative of all of the co-sponsors who have can take to ease this burden and increase ployment can be filled with pre-deployment supported this generous but necessary meas- briefings and putting legal affairs in order. flexibility in the lives of our military family ure. ROA and REA applaud your effort and Families also need the opportunity to spend concern. members. precious time together prior to a long sepa- Sincerely, The legislation I am introducing today is one ration. The need is no less when the LANI BURNETT, of the steps we can take in that direction. The servicemember returns. Reintegration and CMSgt, USAFR (Ret.), Military Families Leave Act allows spouses, transition requires training not only for the REA Executive Director. parents, or children of military personnel who servicemember but for the family as well in ROBERT A. MCINTOSH, are serving on, or are called to active duty, in order to be most effective. Major General (Ret.), USAFR, Military families, especially those of de- ROA Executive Director. support of a contingency operation to use their ployed scrvicemembers, are called upon to Family and Medical Leave Act benefits for make extraordinary sacrifices. Thus amend- issues directly related to deployment. The bill ment offers families some breathing room as f does not extend the FMLA to anyone; it simply they adjust to this time of separation. RECOGNIZING HISPANIC HERITAGE allows those who already qualify for the FMLA Thank you for your support and interest in MONTH to use that benefit in new specific instances. military families. If NMFA can be of any as- For example, if a woman’s husband is de- sistance to you in other areas concerning ployed for a contingency operation, she can military families, please feel free to contact us. HON. PATRICK J. TIBERI use her FMLA benefit to secure power of at- Sincerely, OF OHIO torney or to arrange for necessary childcare. CANDACE A. WHEELER, IN THE HOUSE OF REPRESENTATIVES Or, in a single parent situation, the mother or President. father of the deployed servicemember could Thursday, September 30, 2004 use his or her FMLA benefit to care for a EANGUS, Mr. TIBERI. Mr. Speaker, I rise today in Sept. 16, 2004. grandchild. This bill has been carefully drafted celebration of National Hispanic Heritage Hon. TOM UDALL, to stipulate that this leave could only be taken Month, and in special recognition of Hispanics for issues directly relating to or resulting from U.S. Congress, Washington, DC. in central Ohio and throughout our country. the deployment of a family member. DEAR CONGRESSMAN UDALL: The Enlisted During this designated month, America cele- This bill is a companion to a bill introduced Association of the National Guard of the brates the culture and traditions of our friends by Senator Russ Feingold S.683. That bill was United States (EANGUS) would like to and neighbors with Hispanic roots. Hispanics passed by unanimous consent in the Senate thank you, on behalf of the enlisted men and are now the largest minority group in the as an amendment to the Fiscal Year 2004 Iraq women of the Army and Air National Guard, for drafting the Military Families Leave Act United States. The 2000 Census found that Supplemental Appropriations bill, but it was 35.3 million people identified themselves as unfortunately subsequently stripped in con- of 2004. Families of mobilized National Guard and Hispanic American. That represents a 58 per- ference. However, this bill continues to have Reserve members, as well as the families of cent increase from the 1990 Census. widespread support from military reserve, ac- deployed active duty service members, expe- Beyond the data, the reality is that His- tive duty, and military family organizations. rience many hardships. Your bill will help al- panics are an integral part of America’s social I would like to submit for the record support leviate some of the stress involved when, a fabric. I am proud that the state of Ohio is letters from the Reserve Enlisted Association, principal family member is deployed. Allow- home to more than 217,000 residents of His- the National Military Family Association, and ing the use of the Family and Medical Leave panic/Latino descent. Hispanic Americans con- the Enlisted Association of the National Guard Act of 1993 for those family members can tinue to make great strides in education, em- of the United States. Others who support this greatly assist during a difficult time. Thank you so much for recognizing one of ployment, health, homeownership, and eco- bill are the Military Officers Association of the many deeds of the military community. nomic mobility. This is a result of a set of val- America, the National Guard Association of EANGUS will support the Military Families ues that includes a strong work ethic, family the United States, and the Reserve Officers Leave Act in any way possible. If there is values, and service to community. Association. anything we can, do to assist, please let us The time is ripe to show our military families know. Hispanic Americans in central Ohio serve that we are listening to their concerns. The If I can be of any assistance, please feel the community in numerous capacities. In par- Military Families Leave Act represents a small free to ask. ticular, recent immigrants unfamiliar with the Working for America’s Best! measure of relief for the families of the men English language are served by Spanish inter- MSG (RET.) MICHAEL P. CLINE, AUS, preters who help provide them access to and women who serve in our armed forces. I Executive Director. ask that my colleagues join me in assisting health care, education, legal assistance and other vital services. Mi Directorio Hispana, a our military families by supporting this bill. RESERVE ENLISTED ASSOCIATION AND RESERVE OFFICERS ASSOCIA- business directory, and Spanish newspapers NATIONAL MILITARY FAMILY TION, in central Ohio, like La Voz Hispana, connect ASSOCIATION, Sept. 29, 2004. Hispanics with the community and keep them Sept. 14, 2004. Hon. TOM UDALL, informed. The Ohio Hispanic Coalition, a non- Hon. TOM UDALL, U.S. House of Representatives, profit outreach organization, and the Ohio U.S. House of Representatives, Washington, DC. Commission of Hispanic/Latino Affairs serve Washington, DC. DEAR REPRESENTATIVE UDALL The Reserve as advocates for the needs of Hispanic people DEAR REPRESENTATIVE UDALL: The Na- Officers Association, representing 75,000 Re- tional Military Family Association, NMFA, serve Component members, and the Reserve and help to promote good relations among the is a national nonprofit membership organiza- Enlisted Association supporting all Reserve community-at-large. tion whose sole focus is the military family. enlisted members supports your bill, to Mr. Speaker, the Hispanic community is a NMFA’s mission is to serve the families of amend the Family and Medical Leave Act to vital part of central Ohio and our country. As the seven uniformed services through edu- provide authority for Reserve Component we move forward as a nation, it is important cation, information and advocacy. family members to take leave in conjunction to pursue policies that can further expand op- On behalf of NMFA and the families it with a call-up. serves, I would like to thank you for intro- The Guard and Reserve are contributing portunities for Hispanic Americans. I ask all of ducing legislation to amend the Family and approximately 40 percent of the troops in my colleagues to join me in support and in Medical Leave Act of 1993 to provide entitle- Iraq and Afghanistan and are gone from honor of Hispanic Americans, their culture and ment to leave to eligible employees whose home for the longest period of time ever an- traditions, and their work and service that con- spouse, son, daughter, or parent is a member ticipated. Many families are faced with hav- tributes to the greatness of this nation. CONGRESSIONAL RECORD — Extensions of Remarks E1775 MARITIME DAY University Officer James L. Davis of Indianap- 21, 2004. His friends, family, and supporters olis, Indiana, who was tragically shot and will join together to salute Charles for his self- HON. DAVID VITTER killed in the line of duty on September 24th. less and steady dedication to improving our OF LOUISIANA On the morning of Friday, September 24th, community. IN THE HOUSE OF REPRESENTATIVES Officer Davis responded to reports of a sus- His life is a great American story. It is a picious person at the Hinkle Fieldhouse on classic story of one of the kids that made Thursday, September 30, 2004 Butler University campus. While questioning good. Mr. VITTER. Mr. Speaker, I rise today to the subject, he was shot and fatally wounded, A retired Navy Master Chief, he graduated recognize September 30 as World Maritime becoming the first ever Butler University police high school in Paris, Texas and joined the Day. I urge the members of Congress to join officer killed in the line of duty. He was 31. Navy immediately after. me in saluting the hard working men and Known as J.J. to his family, James L. Davis The Navy brought Charles to San Diego, women of the Merchant Marine. graduated from Indiana University in 1995 with where he attended San Diego City College Each day, mariners perform a vital service degrees in criminal justice and Afro-American and Mesa College in the global economy by ensuring that inter- studies. He served our country proudly as a He is a Linda Vista community activist. He national trade proceeds without interruption. military policeman with the United States has dedicated countless hours to improving They work long hours in all kinds of weather. Army. the quality of life for Linda Vista residents. Whether they sail on the storm-tossed waves Throughout his distinguished record of pub- Charles is a proud founder of the Linda of the North Atlantic or the tropical heat of the lic service, James Davis displayed an unwav- Vista Civic Association and is the immediate South Pacific, these men and women perform ering commitment to the youth of Indianapolis. past chair. their duties without recognition or fanfare. In 2001, James supervised 96 Juvenile offend- The Civic Association is a positive force for Mariners and many others contribute to ers for the Indiana Department of Correction improving the quality of life for all Linda Vista homeland security, and we must give them the as a youth service officer. From January 2001 residents and promoting the involvement of support they need to effectively keep our ports to August 2002, he served as a drill instructor community members of all ages. safe. As we recognize Maritime Day, we can- for troubled youth with Project Impact, a pro- They are committed to coordinating, advis- not overlook the human element. Mariners sail gram that provides counseling, job training, ing, and ensuring that projects operating in the for many weeks without being ashore or hear- school drop-out prevention, tutoring and men- neighborhood do so with collaboration, co- ing a loved one’s voice on a call home. toring to at-risk first- and second-time youth operation, and teamwork, and in a manner We thank the mariners for their continued offenders. After serving as a corporate secu- consistent with the vision of the Collaborative. commitment to keeping us all secure, and we rity officer for Conseco, Inc., James Davis Charles continued his activism as a past focus our attention on the challenge in their in- joined the Butler University police force in Jan- chair of the Linda Vista Boys and Girls Club dustry of balancing security needs with mari- uary of 2003. and of the Access Center. ners’ need for shore leave. I urge members of During his full-time service on the police He was a member of the Linda Vista Plan- Congress to join me in working to reach a so- force, James continued his education in the ning Committee for over six years and the City lution that provides the utmost in security for pursuit of justice. At the time of his death he of San Diego Citizens’ Advisory Board on Po- ports and harbors around the world while al- was only two months from completing his lice-Community Relations. lowing for the personal needs of the men and master’s degree, an important step on the way Charles Johnson was an enthusiastic mem- women who sail these great ships. to fulfilling his career goal of becoming a civil ber of the City of San Diego Redistricting I come to the floor of the House of Rep- rights lawyer. James had also planned to cre- Commission, where he was a strong advocate resentatives to salute and honor the men and ate a charity honoring his late mother. for his community. women of the Merchant Marine on this World The admiration of his colleagues speaks He is an American patriot. He honorably Maritime Day. volumes to the strength of his character. To served our country in the military. He con- f the Chief of the Butler Police, James was tinues today as a member of the American Le- ‘‘probably one of the most genuine people I’ve gion and VFW. HONORING LIFE AND WORK OF ever known.’’ To his Project Impact supervisor, DUKE ELLINGTON I wish to congratulate Charles Johnson for he was ‘‘galactic in regards to his love for hu- his untiring work on behalf of Linda Vista com- SPEECH OF manity.’’ In my community, the outpouring of munity. sympathy and grief for this remarkable man f HON. JOE WILSON has been extraordinary. In the few days since OF SOUTH CAROLINA his passing, hundreds have written cards and TRIBUTE TO MRS. BONNIE IN THE HOUSE OF REPRESENTATIVES e-mails to the department honoring our de- ELLIOTT Wednesday, September 29, 2004 parted neighbor and friend. Mr. Speaker, I ask my colleagues to join me Mr. WILSON of South Carolina. Mr. Speak- HON. THADDEUS G. McCOTTER in extending my deepest condolences to his OF MICHIGAN er, I wish to express my strong support for H. wife Valeeda, his three beautiful children, Jo- IN THE HOUSE OF REPRESENTATIVES Con. Res. 501, which honors the life and work siah, 8, Jarren, 3, and Jaedyn, 2, his sister of Duke Ellington and recognizes the 30th An- Mylandar Davis, and his loving family and Thursday, September 30, 2004 niversary of Duke Ellington School of the Arts. friends. Mr. MCCOTTER. Mr. Speaker, I rise today I add further that the Duke Ellington School is James L. Davis will be deeply missed by all to acknowledge and honor Mrs. Bonnie Elliott where the Washington DC Satirical Group, the whose lives he touched. The citizens of Indi- upon her retirement after 21 years of service theater troupe Hexagon, performs every year anapolis extend our most sincere appreciation to the citizens of the Charter Township of to raise funds for local charities. Over the last for his personal sacrifice and commitment to White Lake, Michigan. 17 years many members of Congress have public service. For nearly three decades, Bonnie has lived performed in the annual ‘‘Congress Goes to f in Michigan’s Lower Peninsula, though she Hexagon’’ Night, organized each year by Skip has always yearned to return to her Upper Pe- Maraney, of the National Star Route Mail Con- TRIBUTE TO CHARLES W. ninsula roots; and, upon her retirement, she tractors Association. Hexagon Inc is cele- JOHNSON will realize her dream of once again living the brating its 50th Anniversary this year. Upper Peninsula. f HON. SUSAN A. DAVIS Bonnie served as Township Clerk for 16 OF CALIFORNIA IN HONOR AND REMEMBRANCE OF years before being appointed as White Lake IN THE HOUSE OF REPRESENTATIVES OFFICER JAMES L. DAVIS Township Supervisor five years ago. During Thursday, September 30, 2004 her tenure, the Township has seen significant HON. JULIA CARSON Mrs. DAVIS of California. Mr. Speaker, I rise growth, becoming an enviable location to live OF INDIANA today to honor a wonderful leader of 28 years and raise a family. Through her work as a community activist, IN THE HOUSE OF REPRESENTATIVES in my community: Charles W. Johnson. Charles Johnson is a father, a son, a hus- and an elected official, Bonnie has been inte- Thursday, September 30, 2004 band, and most of all a beloved friend. gral to the heart of this growing township. She Ms. CARSON of Indiana. Mr. Speaker, I rise San Diegans will honor him at the Linda is a charter member of the White Lake Histor- today to honor the life and service of Butler Vista Civic Association meeting on October ical Society and a member of both the White E1776 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 Lake Goodfellows and St. Patrick’s Church. ment of a mentor program for children and Ewing Kauffman’s humble boyhood and Bonnie devoted time to the renovation of the youth in the correctional facility. successful adulthood are a classic Horatio Dublin Community Senior Center, the develop- The TFM has been repeatedly recognized Alger story. He was born September 21, 1916 ment of the Ferdinand C. Vetter Park, the and commended as a valuable resource and near Garden City, in Cass County Missouri. Judy Hawley Park, and improvements to the asset to the children, young adults, and the Growing up in rural Missouri and later in Kan- White Lake Cemetery. communities within Montgomery County, sas City, Ewing’s background of hard work Bonnie and her husband, Charles, should Maryland. Every year the TFM helps a signifi- and perseverance through adversity instilled be extremely proud of the indelible mark she cant number of children and youth turn their the discipline, entrepeneurial principles and has left on the community. We will sorely miss lives around and become positive, active, and philanthropic sympathies that resulted in his socially contributing residents. Bonnie, but will continue to benefit from her extraordinary achievements and remarkable dedication and leadership. Mr. Speaker, please join me in congratu- success later in life. Mr. Speaker, I extend my sincere apprecia- lating the Montgomery County, Maryland Task tion to Mrs. Bonnie Elliott upon her retirement, Force on Mentoring for their commitment to As a boy he sold fish and eggs door-to- and thank her for her fine service to our com- improving the lives of all people in the County, door. While bedridden for an entire year with munity and our country. I wish Bonnie and and especially the lives of young people. a heart ailment at the age of 11, Ewing read Charles the very best on their retirement to f as many as 40 books a month. He worked Schoolcraft County in the Upper Peninsula of through high school and junior college driving CASA GRANDE RUINS NATIONAL Michigan. MONUMENT BOUNDARY MODI- a laundry truck and earned an associate de- f FICATION ACT OF 2004 gree in business in 1936 from Kansas City Junior College. He entered the Navy in World MONTGOMERY COUNTY, MARY- LAND TASK FORCE ON MEN- HON. RICK RENZI War II and was discharged as Navigator and Ensign. TORING OF ARIZONA IN THE HOUSE OF REPRESENTATIVES Upon returning from the war, Ewing began HON. ALBERT RUSSELL WYNN Thursday, September 30, 2004 his phenomenal career in pharmaceutics. He started out as a salesman and became the OF MARYLAND Mr. RENZI. Mr. Speaker, I rise today to in- IN THE HOUSE OF REPRESENTATIVES best one in the business. With a $5,000 in- troduce the Casa Grande Ruins National vestment, he founded Marion Laboratories in Thursday, September 30, 2004 Monument Boundary Modification Act of 2004. 1950. He operated initially out of the base- The Casa Grande Ruin Reservation was Mr. WYNN. Mr. Speaker, I rise today to con- ment of his home. He reportedly chose to use first set aside on March 2, 1889, and pro- gratulate and to express my appreciation to his middle name for his company rather than claimed as our nation’s first archeological pre- the Montgomery County, Maryland Task Force his last name in order to not reveal his one- on Mentoring for the great work they are doing serve on June 22, 1892. On August 3, 1918, the Casa Grande Ruins National Monument man operation: Ewing Kauffman, salesman by in helping to guide county children and youth day and Marion Labs Manufacturer by night. to live useful and productive lives. The Task was created, to protect one of the finest archi- Force on Mentoring, TFM, works 365 days a tectural examples of 13th century Hohokam Ewing Kauffman attributed his success as a year to bring mentoring services to all who ask culture in the American southwest known to direct result of one fundamental philosophy: and need such help. The services of the TFM early Spanish explorers as the ‘‘Great House’’. Treat others as you would like to be treated. Mr. Speaker, the Casa Grande Ruins Na- are available to all county residents regardless ‘‘It is the happiest principle by which to live tional Monument Boundary Modification Act of of age, gender, race, color, religion or cultural and the most intelligent principle by which to 2004 will allow the National Park Service to background. do business and make money,’’ he said. His The TFM also provides technical services to protect newly discovered sites associated with entreprenurial success enabled him to help organizations, communities, and institutions the existing monument and provide greater others. He was beloved by his associates in that request assistance in designing, devel- opportunities to visitors, researchers and sur- the pharmaceutical firm through which he pro- oping and implementing mentor programs. It rounding communities to understand and ap- vided jobs and economic self-sufficiency to hosts a major annual breakfast focusing on preciate the Hohokam culture. thousands. This legislation expands the boundary of the key issues involving mentoring. This year, on Casa Grande Ruins National Monument to in- He also shared his success with all of Kan- October 7, 2004, at the Rockville campus of clude approximately 257 acres, including land sas City by bringing back Major League Base- Johns Hopkins University, the TFM is spon- owned by the State of Arizona, private prop- ball to the region with his purchase of the soring its 13th annual breakfast highlighting erty owners and other Federal agencies. This Kansas City Royals in 1968, boosting the cit- the crisis of anti-social gangs in Montgomery legislation specifies that lands owned by the ies economic base, community profile and County, and the attempt by some of these State of Arizona and private landowners may civic pride. Ewing’s beloved wife, the late gangs to recruit children and youth into their be acquired only with the consent of the land- Muriel McBrien Kauffman, a philanthropist in organizations. owners. The TFM is a community-based umbrella or- her own right with her gifts and perpetual be- Mr. Speaker, I urge my colleagues to sup- ganization aimed at convincing troubled chil- quests to Kansas City Arts organizations, is port the Casa Grande Ruins National Monu- dren and youth that they can make plans for also credited with encouraging her husband to ment Boundary Modification Act of 2004. This a good life with the help of a caring, well invest in the Royals. Their daughter, Julia legislation will expand our knowledge of the trained, dedicated volunteer mentor. Irene Kauffman, continues their loving tradition ancient Hohokam culture in the Southwest. The TFM is the only organization of its kind of philanthropy in Kansas City today. f in the county. It offers assistance, mentor Kauffman’s most enduring gift and greatest training, volunteer mentor recruitment, organi- EWING MARION KAUFFMAN legacy was the establishment of the Ewing zational and technical support free of charge Marion Kauffman Foundation in the mid to more than 60 mentor programs. It helps to HON. KAREN McCARTHY 1960s. The Kauffman Foundation places spe- implement mentor programs in any public OF MISSOURI cial emphasis on improving the academic school in Montgomery County that requests IN THE HOUSE OF REPRESENTATIVES achievement of our youth, and in stimulating such help. Thursday, September 30, 2004 the growth of entrepreneurship in America. For The TFM recently entered into a collabora- over 40 years the Kauffman Foundation has tion and agreement with the Alliance of Con- Ms. MCCARTHY of Missouri. Mr. Speaker, I successfully helped other to help others to live cerned Men of the District of Columbia to rise today to honor Kansas City’s own ‘‘Pre- self-sufficiently and has benefited communities begin a mentor program for youthful offenders scription for Success,’’ Ewing Marion through out the country. at the Clarksburg youth facility in Clarksburg, Kauffman. Ewing Kauffman, one of Kansas Maryland. The first meeting with the youthful City’s greatest entrepreneurial leaders and Mr. Speaker, please join me in commemo- offenders at the Clarksburg facility took place philanthropists, is being honored on Sep- rating this most gifted, successful, inspira- September 10, 2004. Additionally, the TFM is tember 30, 2004 for the continuing gift and tional, and generous man whose loving legacy working with Montgomery County Councilman proud legacy he left to the community and na- has made a difference in countless lives and Phil Andrews and the Montgomery County Ju- tion through his Ewing Marion Kauffman Foun- whose love of the entrepreneurial spirit lives venile Court system to explore the establish- dation. on in the Ewing Marion Kauffman Foundation. CONGRESSIONAL RECORD — Extensions of Remarks E1777 TRIBUTE TO MARGARET JEAN It is not often that we are privileged to honor The University of Maryland at Baltimore and WALES O’ROURKE someone who is considered a Living Treasure, Professor in the School of Medicine, where he but today we indeed are able to do so. Dr. Ed- served from 1985 until 1989. HON. SCOTT GARRETT ward N. Brandt, Jr., received the Oklahoma Returning home to Oklahoma in 1989, Dr. Health Center ‘‘Living Treasures Award’’ in Brandt has served the Health Sciences Center OF NEW JERSEY 2002, a distinction reserved for ‘‘Individuals as a distinguished and well-loved member of IN THE HOUSE OF REPRESENTATIVES Who Embody the Light of Compassion, Caring the faculty. He was Executive Dean of the Thursday, September 30, 2004 and Creativity in our Community, Schools or University of Oklahoma Medical College from Mr. GARRETT of New Jersey. Mr. Speaker, Work Places.’’ Dr. Brandt is indeed a Living 1989 until 1992. In 1992 he was appointed the fabric of American history is woven with Treasure who has served his community, his Professor of Health Administration and Policy the hearts of Patriots. Since the colonists’ first state, and his country with tireless dedication, in the College of Public Health, and since landing on American soil centuries ago, coura- true compassion, remarkable self-effacement, 1996 has been honored as Regents Pro- geous men and women have toiled, sacrificed, and persistent good humor for over four dec- fessor. He has been the Director of the Center and persevered to build a legacy of freedom ades. We are delighted to join with his col- for Health Policy Research and Development and hope for future generations. leagues, family and friends who are honoring since 1992 and was Chair of the Department While the public contributions of some have him with a day of activities in his honor on Fri- of Health Administration and Policy in the Col- been widely lauded, the silent service of day, November 12, 2004, jointly sponsored by lege of Public Health from 2000 until 2002. countless others is known only in the freedom the College of Public Health and the College Dr. Brandt has remained a central figure in that we as Americans continue to cherish. of Medicine of the University of Oklahoma health policy in this country. He has been an Margaret Jean Wales O’Rourke was one Health Sciences Center in Oklahoma City, active member and often the Chair of some such unheralded patriot. Oklahoma. He is also being honored by the 160 major health committees, task forces, and Born on August 24, 1922, Margaret grew up establishment of The Edward N. Brandt, Jr., boards, including at least 88 national, 44 state, in Saddle River, New Jersey. She became a Student Endowment that will sustain activities and 30 local ones. These include positions nurse and spent time serving at St. Albans Dr. Brandt has carried out for students over such as Member of the Board of Regents of Hospital in Long Island, New York. In 1943, in the years. the National Library of Medicine from 1985 to Dr. Brandt began his affiliation with the Uni- the midst of World War II, Margaret answered 1989, Chairman (1987–89) and Member of the versity of Oklahoma over 50 years ago as an her country’s call and traveled to California to Governing Council of the Institute of Medicine undergraduate. He earned three degrees from work as a nurse in the San Leandro Naval of the National Academy of Sciences (1986– the University of Oklahoma, starting in 1954 Hospital. 91), and Vice-Chairman (1987–91) and Chair- with a Bachelor of Science (B.S.) in Mathe- While in San Leandro, Margaret met man of the Medical Schools Section of the matics from the Norman Campus, and fol- Charles Arthur O’Rourke, the man who would American Medical Association (1979–81). He lowed in 1960 with a Doctor of Medicine has been a leader in the state of Oklahoma become her husband. A fellow-patriot, Charles (M.D.) and in 1963 with a Doctor of Philos- was born on December 19, 1923, and joined with the Oklahoma State Medical Association, ophy (Ph.D.) in Biostatistics from The Univer- serving as a Member of the House of Dele- the Navy in 1942 at the tender age of 18. He sity of Oklahoma Medical Center in Oklahoma spent several years at sea serving in the gates since 1992 and Chair of the Council on City, Oklahoma. He also managed to spend State Legislation and Regulation. He has been South Pacific during World War II. time in Stillwater and earn a Master of Charles and Margaret completed their time a long-time Chair of the Oklahoma State Trau- Science (M.S.) in Mathematics from the Okla- ma System Advisory Board. in the Navy in 1946. They married and settled homa State University in 1955. in Ramsey, New Jersey. Although their tours Dr. Brandt has received some 82 substantial Dr. Brandt joined the faculty of the Univer- awards during his career. They include the of duty were over, however, their service to sity of Oklahoma Medical Center in 1961, be- country did not end. Outstanding Alumni Service Award for ‘‘Out- ginning as an Instructor and rising to Pro- standing Contribution in Academic Medicine,’’ The O’Rourke’s had three children: Thomas, fessor in the School of Medicine and School of Shirl, and Barbara. Thomas carried on the from the Alumni Association of the University Health. He also began his long and distin- of Oklahoma College of Medicine in 1997, the O’Rourke military tradition and joined the guished career in medical administration, serv- United States Marine Corps in 1966. He re- first such award ever given. In 1981 he was ing as Associate Dean of the School of Medi- elected to membership in the Institute of Medi- mained in the Marines until 1974, serving as cine and as Associate Director of the Medical a Cobra pilot in Vietnam. cine of the National Academy of Sciences and Center from 1968 to 1969. was also named ‘‘Territorial Marshal’’ by the Today, Thomas’s son and Margaret and Ar- Dr. Brandt then left Oklahoma to become a Governor of the State of Oklahoma. In 1984 thur’s grandson, United States Marine Corps leader in academic medicine and a major fig- he received the Distinguished Leadership Major Kevin Thomas O’Rourke, continues his ure in health policy in the United States. He Award, Department of Health and Human family’s military heritage, serving as an F–18 spent 11 years in Texas, beginning at the Uni- pilot in Iraq. versity of Texas Medical Branch in Galveston, Services, and in 1987, the Distinguished Pub- Margaret passed away on August 20, 2004. where he was Professor in the School of Med- lic Service Award, U.S. Department of De- Her course in life took her farther than she icine and Graduate School and Dean of the fense, both of which were the highest awards may have anticipated, and her legacy will Graduate School from 1970 to 1974, Dean of made by those Departments. In 1989 the Na- surely be more enduring than she ever could Medicine from 1973 to 1976, and Executive tional AIDS Fund established the Edward N. have imagined. Through their dedication to Dean from 1976 to 1977. He then took over Brandt, Jr. Award in his honor. In 1994 he was protecting and preserving liberty, three gen- responsibility for the University of Texas Sys- elected as Fellow for ‘‘Leadership in Academic erations of O’Rourke’s have now become part tem, based in Austin as Vice Chancellor for Medicine and Public Health, and for Out- of the tapestry of America. Health Affairs from 1977 until 1981. standing Service in the Federal Government’’ While Margaret’s life on earth has passed, In 1981, Dr. Brandt answered the call of his by the American Association for the Advance- her gift to all of us will endure. I honor country and of President Ronald Reagan, and ment of Science. He received the 1997 Lead- Margaret’s memory, and her service to the went to Washington to become the senior ership Award for ‘‘Extraordinary Service and United States of America. health official in the Department of Health and Leadership in Injury Prevention’’ from the Na- f Human Services, serving as Assistant Sec- tional Center for Injury Prevention and Control retary for Health until 1984. In that role he was and the Joan K. Leavitt Outstanding Achieve- HONORING DR. EDWARD N. responsible for overseeing the development of ment Award from the Oklahoma Hospital As- BRANDT, JR. many critical health policies, including the sociation. He was recognized by the National emerging problems associated with AIDS. He Institutes of Health Office of Research in HON. ERNEST J. ISTOOK, JR. worked closely with Secretary Richard S. Women’s Health with the ‘‘Visionary in Wom- OF OKLAHOMA Schweiker and Secretary Margaret Heckler en’s Health Award’’ in 2000 and by the Univer- IN THE HOUSE OF REPRESENTATIVES and with the Congress on these and other sity of Oklahoma with the ‘‘Golden Scalpel’’ health and healthcare issues. Dr. Brandt was Award for Contributions to Trauma Care in Thursday, September 30, 2004 also the U.S. Representative to the Executive 2001, and was selected to be a ‘‘National As- Mr. ISTOOK. Mr. Speaker, I rise today to Board of the World Health Organization from sociate’’ of the National Academy of Sciences honor a fellow Oklahoman who has served 1982 until 1984. also in 2001. This year he was elected as Fel- this country and his fellowman for over 40 Dr. Brandt left his leadership position in the low for ‘‘Leadership in Academic Medicine and years. federal government to become President of Public Health, and for Outstanding Service in E1778 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 2004 the Federal Government’’ by the American As- Ruben Jarillo; Juan Rico; Juan Baes; Manuel PROVIDING FOR CONSIDERATION sociation for the Advancement of Science and Briceno; Arturo Romero Barajas; Jose OF H.J. RES 107, CONTINUING AP- is to be honored as a Distinguished Alumnus Sanchez Rodriguez; Gonzalo Castaneda; PROPRIATIONS FOR FISCAL of the College of Arts & Sciences of the Uni- Honorio Ramirez; Antonio Gutierrez; etc. YEAR 2005 versity of Oklahoma in 2005. World War II forced our nation to shift the economy. Throughout the war, upwards of 13 In addition to his many professional accom- SPEECH OF plishments, Dr. Brandt and his wife of 51 million men served in our nation, roughly one- years, Patricia Lawson Brandt, raised three tenth of the total population. While our service- HON. BARBARA CUBIN sons, Patrick James, Edward III, and Rex Car- men were fighting across the oceans, millions OF WYOMING lin Brandt. They have four grandchildren, Rex more were working constant shifts in the fac- Carlin Brandt, Jr., Jeremy Scott Brandt, Justin tories to support the war effort. This resulted IN THE HOUSE OF REPRESENTATIVES in a severe labor shortage in concentrated Schwartz and Karina Schwartz. Wednesday, September 29, 2004 This Fall, Dr. Brandt will ‘‘retire.’’ In fact, he areas, such as agriculture. has become Regents Professor Emeritus and In an effort to minimize this loss of labor, Mrs. CUBIN. Mr. Speaker, it is with frustra- continues to teach, advise students and other- the United States and Mexico entered into a tion that I rise today to oppose H.J. Res. 107, wise remain active in many activities of the bilateral agreement in August 1942 to provide to make continuing appropriations for Fiscal University of Oklahoma Health Sciences Cen- contracted labor. Year 2005, as it is currently drafted. ter. I am pleased to join with the citizens of These guest workers, known as Braceros, (a derivative of ‘‘brazo’’ literally meaning I want to be clear—I am not opposing the the great state of Oklahoma and of this nation need for, or principle of, this resolution. I, like in thanking and recognizing Dr. Edward N. ‘‘arm’’) were recruited and hired to work in the fields and on the railroads across the United any of my colleagues, do not believe our na- Brandt, Jr., for his long service and many con- tion’s federal agencies and numerous, feder- tributions to our society. We are proud to have States. The first 1,500 Braceros to enter the United ally-funded programs should suffer just be- a gentleman, scholar, and citizen of his caliber cause Congress has failed to reach agree- in our midst. States arrived in California to work in the sugar beet fields outside of Stockton on Sep- ments on 12 of the 13 appropriations meas- f tember 29, 1942, where they worked until De- ures. RECOGNIZING THE BRACEROS cember 24th of that same year. I do, however, take issue with one specific Over the course of the next twenty-two provision attached to the Continuing Resolu- HON. DOUG OSE years, as many as five million Braceros had tion (CR) which extends, for the duration of participated in the program, supporting our OF CALIFORNIA the CR, fee collection authority under the Sur- critical infrastructure. Some of them would IN THE HOUSE OF REPRESENTATIVES face Mining Control and Reclamation Act travel back and forth from the United States to (SMCRA) of 1977. Commonly known as the Thursday, September 30, 2004 Mexico over a century, each time leaving their Abandoned Mine Land or ‘‘AML’’ program, this Mr. OSE. Mr. Speaker, as we celebrate the wives and children behind again. fee collection authority was intended to expire achievements of Hispanic Americans during Jesus Sanchez Beltran was a Bracero from at the end of this fiscal year, or tomorrow, Hispanic Heritage Month, I stand to recognize Jalisco, Mexico, until the program ended. Sept. 30, 2004. There were six in his family that he left behind a group of individuals, known as the Braceros, Layered in bureaucracy, the AML program to work in the California agriculture. His wife for their incredible contributions to our great is one badly in need of reform. Believing in the and children would only see him three months nation during World War II. principle of the AML program, however, I have out of the year. Jesus’ story reflects the sac- September 29th marked the Day of the Bra- been working diligently with my colleagues rifice of all the Braceros. cero. These brave men registered to leave from Pennsylvania, West Virginia, other mem- their wives and children behind in their country It was through their hard work that our na- tion was able to effectively sustain our agricul- bers of the Resources Committee, Appropri- of origin and homes, while they came to the ators, Leadership in this body, and the Admin- United States as the ‘‘soldiers of the fields.’’ tural economy as well as expand and maintain our railroads, resulting in a safe, reliable and istration in the effort to provide that much The Braceros wore no uniform and received needed reform before this program expired. no medals, but today I rise to honor the effective means of transporting our food, medi- cine, troops and other supplies for the war. Unfortunately, largely due to election year poli- Braceros just as I salute our World War II vet- tics and an unwillingness to meet a reason- erans, living and deceased, for their contribu- In 1964, the last Braceros fulfilled their con- tracts and the program came to an end. How- able compromise by some parties involved, tions to a safer world and democracy. comprehensive reform legislation still lags at This is merely a partial list of the hundreds ever, their contributions and the contributions the Committee level. of Braceros whose families live in my district: of their descendants still last today. Antonio Silva; Jesus Fernandez; Julian The President of the United States has As we continue to negotiate such a com- Paras Aguilera; Jesus Sanchez Beltran; called upon public officials, educators, librar- prehensive fix, extending this broken program Amador Palafox Bustos; Exiquio Contreras ians, and all the people of the Unites States as the bill under consideration today will do, Parra; Leonides Gomez; Arturo Venegas, Sr.; to observe this month with appropriate cere- does not move us any closer to finding a solu- Jose Luis Figueroa Tamayo Jose Negrete monies, activities and programs. May we tion that best addresses the needs of all par- Sanchez; Jose Dolores Magan˜a Areas; Jose honor their contributions and recognize the ties involved. In addition to accumulating debts Ramirez Barajas; J. Jesus Torres Salas; Sr. Braceros for their place in American history. to other certified states and tribes, Wyoming Gutierrez; Alejandrino Arellano; Sr. Magan˜a; f alone is owed approximately $400 million, as authorized by SMCRA. Notwithstanding that Pedro de Luna; Roberto Mauzo; Jose F. Ra- PERSONAL EXPLANATION mirez; Rodolfo Martinez Castillo; Modesto fiscal obligation, Wyoming has never received Martinez Rosas Ramon Barraza; Carlos what it is due. The AML extension language Rodriguez; Julian Paras; Jose Guadalupe Ruiz HON. DAVE WELDON included in H.J. Res 107 only further exacer- OF FLORIDA Aguilar; Ruben Cortez Luna; Jose Isabel bates this failure to make good on the nation’s IN THE HOUSE OF REPRESENTATIVES Viorato; Antonio Hernandez; Joaquin Mendez responsibility to my home State of Wyoming. Mendez; Jesus Torres Salas Rodolfo Thursday, September 30, 2004 Again, Mr. Speaker, I would prefer not to Castaneda; Juan Reyes Garcia; Rodrigo Mr. WELDON of Florida. Mr. Speaker, due oppose this resolution today. Unfortunately, Izquierdo; Jose Diaz; Conrado Cardenas; to the devastation Hurricane Jeanne brought the decision to include the AML extension lan- Lazaro Gonzalo; Martin Perez; Celedonio to my district, I was in Florida attending to offi- guage in H.J. Res 107, despite my continued Perez; Jose Lua; Cecilio Santillana; Sotero cial duties on Tuesday, September 28 and and consistent opposition to such an action, Cervantes; Flores Timoteo; Juan Rico; Fran- Wednesday, September 29 and was unable to provided me with no other option but a ‘‘no’’ cisco Mariscal; Manuel Nava; Jesus Macias; be in Washington for recorded votes 473–479. vote. Friday, October 1, 2004 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate further consideration of H.R. 1533, to amend the se- Chamber Action curities laws to permit church pension plans to be Routine Proceedings, pages S10195-S10287 invested in collective trusts, and the bill was then Measures Introduced: Five bills and one resolution passed, after agreeing to the following amendment were introduced, as follows: S. 2880–2884, and S. proposed thereto: Page S10278 Res. 445. Pages S10261-62 Frist (for Shelby/Sarbanes) Amendment No. 3948, to make a technical correction. Page S10278 Measures Reported: S. 1134, to reauthorize and improve the programs Rail Security Act: Senate passed S. 2273, to pro- authorized by the Public Works and Economic De- vide increased rail transportation security, after velopment Act of 1965, with an amendment in the agreeing to the committee amendments. nature of a substitute. (S. Rept. No. 108–382) Pages S10278–85 Page S10261 Public Transportation Terrorism Prevention Measures Passed: Act: Senate passed S. 2884, to authorize the Sec- retary of Homeland Security to award grants to pub- Background Checks Programs: Senate passed S. lic transportation agencies to improve security. 2882,to make the program for national criminal his- Pages S10285–87 tory background checks for volunteer groups perma- National Intelligence Reform Act: Senate contin- nent. Pages S10276–77 ued consideration of S. 2845, to reform the intel- Prevention of Child Abduction Partnership Act: ligence community and the intelligence and intel- Senate passed S. 2883,to amend the International ligence-related activities of the United States Gov- Child Abduction Remedies Act to limit the tort li- ernment, taking action on the following amend- ability of private entities or organizations that carry ments proposed thereto: Pages S10197–S10254 out responsibilities of the United States Central Au- Adopted: thority under that Act. Pages S10276–77 Allard Amendment No. 3765, to provide for ad- Missing Child Cold Case Review Act: Committee ditional responsibilities for the Chief Information on the Judiciary was discharged from further consid- Officer of the Department of Homeland Security re- eration of S. 2435, to permit Inspectors General to lating to geographic information. Page S10197 authorize staff to provide assistance to the National Levin Amendment No. 3808, to enhance customer Center for Missing and Exploited Children, and the focus on intelligence and to ensure independent in- bill was then passed. Pages S10277–78 telligence analyses. Pages S10217–18 McCain/Lieberman Modified Amendment No. Kitt Peak Project: Senate passed H.R. 5105, to 3807, to develop a strategy for combining terrorist authorize the Board of Regents of the Smithsonian travel intelligence, operations, and law enforcement. Institution to carry out construction and related ac- Pages S10197, S10215–16, S10247 tivities in support of the collaborative Very Ener- Collins (for Coleman) Amendment No. 3798, to getic Radiation Imaging Telescope Array System amend section 510 of the Homeland Security Act of (VERITAS) project on Kitt Peak near Tucson, Ari- 2002 to ensure widespread access to the Information zona., clearing the measure for the President. Sharing Network. Page S10248 Page S10278 Collins (for Coleman) Amendment No. 3799, to Church Pension Plans: Committee on Banking, require the enterprise architecture and implementa- Housing, and Urban Affairs was discharged from tion plan for the Information Sharing Network to D986 October 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D987 include equipment and training requirements and Stevens Amendment No. 3839, to strike section utilization costs. Page S10248 201, relating to public disclosure of intelligence Collins (for Coleman) Amendment No. 3800, to funding. Page S10197 find that the United States needs to implement the Ensign Amendment No. 3819, to require the Sec- 9/11 Commission’s recommendation to adopt a uni- retary of State to increase the number of consular of- fied incident command system and significantly en- ficers, clarify the responsibilities and functions of hance communications connectivity among first re- consular officers, and require the Secretary of Home- sponders. Page S10248 land Security to increase the number of border patrol Collins (for Snowe) Amendment No. 3911, to re- agents and customs enforcement investigators. quire a report on the methodologies utilized for Na- Page S10197 tional Intelligence Estimates. Page S10248 Reid (for Schumer) Amendment No. 3887, to Collins (for Snowe) Amendment No. 3912, to re- amend the Foreign Intelligence Surveillance Act of quire an evaluation of the effectiveness of the Na- 1978 to cover individuals, other than United States tional Counterrorism Center. Pages S10248–50 persons, who engage in international terrorism with- Collins (for Snowe) Amendment No. 3932, relat- out affiliation with an international terrorist group. ing to alternative analyses of intelligence by the in- Page S10197 telligence community. Pages S10248–50 Reid (for Schumer) Amendment No. 3888, to es- Collins (for Frist) Amendment No. 3864, to ex- tablish the United States Homeland Security Signal tend section 145 (c) of the Aviation and Transpor- Corps to ensure proper communications between law tation Security Act. Pages S10248–50 enforcement agencies. Page S10197 Collins (for Bingaman) Amendment 3772, to es- Reid (for Schumer) Amendment No. 3889, to es- tablish the position of Chief Scientist of the National tablish a National Commission on the United States- Intelligence Authority. Pages S10248–50 Saudi Arabia Relationship. Page S10197 Collins (for Reed) Amendment No. 3813, to find Reid (for Schumer) Amendment No. 3890, to im- that risk assessments and protective measures for liq- prove the security of hazardous materials transported uefied natural gas marine terminals should be in- by truck. Page S10197 cluded in the plan of the Secretary of Homeland Se- Reid (for Schumer) Amendment No. 3891, to im- curity to protect critical infrastructure. prove rail security. Page S10197 Pages S10248–50 Collins (for Feinstein) Amendment No. 3717, to Reid (for Schumer) Amendment No. 3892, to provide that the Intelligence Community Reserve strengthen border security. Page S10197 Corps shall have a personnel strength level author- Reid (for Schumer) Amendment No. 3893, to re- quire inspection of cargo at ports in the United ized by law. Pages S10248–50 Collins (for Bingaman/Domenici) Modified States. Page S10197 Amendment No. 3771, to authorize employees of Reid (for Schumer) Amendment No. 3894, to Federally Funded Research and Development Centers amend the Homeland Security Act of 2002 to en- and certain employees of the Department of Energy hance cybersecurity. Page S10197 national laboratories to be eligible for the staff of the Allard Amendment No. 3778, to improve the National Counterterrorism Center and the national management of the personnel of the National Intel- intelligence centers. Page S10250 ligence Authority. Pages S10198–99 Collins (for Graham (FL)) Amendment No. 3756, Byrd Amendment No. 3845, to enhance the role to establish additional education and training re- of Congress in the oversight of the intelligence and quirements for the National Intelligence Authority. intelligence-related activities of the United States Page S10250 Government. Page S10102 Pending: Warner Modified Amendment No. 3877, to mod- Collins Amendment No. 3705, to provide for ify the role of the National Intelligence Director in homeland security grant coordination and simplifica- the appointment of intelligence officials of the tion. Page S10197 United States Government. Pages S10208–11, S10244 Lautenberg Amendment No. 3767, to specify that Leahy/Grassley Amendment No. 3945, to require the National Intelligence Director shall serve for one Congressional oversight of translators employed and or more terms of up to 5 years each. Page S10197 contracted for by the Federal Bureau of Investiga- Kyl Amendment No. 3801, to modify the privacy tion. Pages S10211–12 and civil liberties oversight. Pages S10197, S10222–24 Reed Amendment No. 3908, to authorize the Sec- Feinstein Amendment No. 3718, to improve the retary of Homeland Security to award grants to pub- intelligence functions of the Federal Bureau of Inves- lic transportation agencies to improve security. tigation. Page S10197 Pages S10212–13 D988 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2004 Reid (for Corzine/Lautenberg) Amendment No. immigrant visas are not issued to individuals with 3849, to protect human health and the environment connections to terrorism or who intend to carry out from the release of hazardous substances by acts of terrorist activities in the United States. terrorism. Pages S10215, S10236 Pages S10224–25 Reid (for Lautenberg) Amendment No. 3782, to Kyl Amendment No. 3881, to protect crime vic- require that any Federal funds appropriated to the tims’ rights. Page S10225 Department of Homeland Security for grants or Kyl Amendment No. 3724, to strengthen anti- other assistance be allocated based strictly on an as- terrorism investigative tools, promote information sessment of risks and vulnerabilities. Page S10215 sharing, punish terrorist offenses. Pages S10225–31 Reid (for Lautenberg) Amendment No. 3905, to Stevens Amendment No. 3826, to modify the du- provide for maritime transportation security. ties of the Director of the National Counterterrorism Page S10215 Center as the principal advisor to the President on Reid (for Harkin) Amendment No. 3821, to mod- counterterrorism matters. Pages S10231–34 ify the functions of the Privacy and Civil Liberties Stevens Amendment No. 3827, to strike section Oversight Board. Page S10215 206, relating to information sharing. Pages S10231–34 Roberts Amendment No. 3748, to clarify the du- Stevens Amendment No. 3829, to amend the ef- ties and responsibilities of the Ombudsman of the fective date provision. Pages S10231–34 National Intelligence Authority and of the Analytic Stevens Amendment No. 3840, to strike the fiscal Review Unit within the Office of the Ombudsman. and acquisition authorities of the National Intel- Pages S10218–19 ligence Authority. Pages S10231–34 Roberts Amendment No. 3739, to ensure the Stevens Amendment No. 3882, to propose an al- sharing of intelligence information in a manner that ternative section 141, relating to the Inspector Gen- promotes all-sources analysis and to assign responsi- eral of the National Intelligence Authority. bility for competitive analysis. Pages S10219–20 Pages S10234–36 Roberts Amendment No. 3750, to clarify the re- Collins (for Inhofe) Amendment No. 3946 (to sponsibilities of the Directorate of Intelligence of the Amendment No. 3849), in the nature of a sub- National Counterterrorism Center for information- stitute. Page S10236 sharing and intelligence analysis. Pages S10219–20 Sessions Amendment No. 3928, to require aliens Roberts Amendment No. 3747, to provide the to make an oath prior to receiving a nonimmigrant National Intelligence Director with flexible adminis- visa. Pages S10239–42 trative authority with respect to the National Intel- Sessions Amendment No. 3873, to protect rail- ligence Authority. Page S10220 road carriers and mass transportation from terrorism. Roberts Amendment No. 3742, to clarify the con- Pages S10239–42 tinuing applicability of section 504 of the National Sessions Amendment No. 3871, to provide for en- Security Act of 1947 to the obligation and expendi- hanced Federal, State, and local enforcement of the ture of funds appropriated for the intelligence and immigration laws. Pages S10239–42 intelligence-related activities of the United States. Sessions Amendment No. 3870, to make informa- Pages S10220–21 tion sharing permanent under the USA PATRIOT Roberts Amendment No. 3740, to include among ACT. Pages S10239–42 the primary missions of the National Intelligence Warner Amendment No. 3876, to preserve certain Director the elimination of barriers to the coordina- authorities and accountability in the implementation tion of intelligence activities. Pages S10221–22 of intelligence reform. Page S10242 Roberts Amendment No. 3741, to permit the Na- Collins (for Cornyn) Amendment No. 3803, to tional Intelligence Director to modify National In- provide for enhanced criminal penalties for crimes telligence Program budgets before their approval and related to alien smuggling. Pages S10250–51 submittal to the President. Pages S10221–22 Collins (for Baucus/Roberts) Modified Amendment Roberts Amendment No. 3744, to clarify the lim- No. 3768, to require an annual report on the alloca- itation on the transfer of funds and personnel and to tion of funding within the Office of Foreign Assets preserve and enhance congressional oversight of in- Control of the Department of the Treasury. telligence activities. Pages S10221–22 Pages S10250–51 Roberts Amendment No. 3751, to clarify the re- Collins (for Stevens) Amendment No. 3903, to sponsibilities of the Secretary of Defense pertaining strike section 201, relating to public disclosure of to the National Intelligence Program. intelligence funding. Pages S10251–52 Pages S10221–22 Frist (for McConnell) Amendment No. 3930, to Kyl Amendment No. 3926, to amend the Immi- clarify that a volunteer for a federally-created citizen gration and Nationality Act to ensure that non- volunteer program and for the program’s State and October 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D989 local affiliates is protected by the Volunteer Protec- viduals to the Commission on Systemic Interoper- tion Act. Page S10253 ability: Vicky B. Gregg of Tennessee, and Ivan G. Frist (for McConnell) Amendment No. 3931, to Seidenberg of New York. Page S10276 remove civil liability barriers that discourage the do- Nominations Confirmed: Senate confirmed the fol- nation of equipment to volunteer fire companies. lowing nomination: Page S10253 Alan Greenspan, of New York, to be United A motion was entered to close further debate on States Alternate Governor of the International Mone- the bill and, in accordance with the provisions of tary Fund for a term of five years. (Reappointment) Rule XXII of the Standing Rules of the Senate, a (Prior to this action, Committee on Foreign Rela- vote on cloture will occur on Tuesday, October 5, tions was discharged from further consideration.) 2004. Page S10254 A unanimous-consent agreement was reached pro- Pages S10276, S10287 viding that notwithstanding the filing deadline for Measures Placed on Calendar: Page S10261 first degree amendments, it be in order for the Man- Additional Cosponsors: Pages S10262–63 agers to propose cleared amendments prior to the Statements on Introduced Bills/Resolutions: cloture vote. Page S10253 A unanimous-consent agreement was reached pro- Pages S10263–65 viding that at 4:15 p.m., on Monday, October 4, Additional Statements: Page S10261 2004 the Senate proceed to votes in relation to cer- Amendments Submitted: Pages S10265–76 tain amendments, and that no second degree amend- Privilege of the Floor: Page S10276 ments be in order to these amendments prior to the votes. Page S10254 Adjournment: Senate convened at 9:30 a.m., and A unanimous-consent agreement was reached pro- adjourned at 6:19 p.m., until 10 a.m., on Monday, viding for further consideration of the bill at 11 October 4, 2004. (For Senate’s program, see the re- a.m., on Monday, October 4, 2004. Page S10287 marks of the Majority Leader in today’s Record on Appointments: page S10287.) Commission on Systemic Interoperability: The Chair, on behalf of the Majority Leader, pursuant to Committee Meetings Public Law 108–173, appointed the following indi- No committee meetings were held. h House of Representatives During the balance of the week Senate will con- Chamber Action sider any other cleared legislative and executive busi- The House was not in session today. The House ness, including appropriation bills, when available. will meet at 12:30 p.m. on Monday, October 4, for Morning Hour debate and at 2 p.m for legislative Senate Committees business. (Committee meetings are open unless otherwise indicated) Committee on Armed Services: October 6, to hold hearings Committee Meetings to examine the report of the Special Advisor to the Direc- No committee meetings were held. tor of Central Intelligence for Strategy Regarding Iraqi Weapons of Mass Destruction Programs, 2:30 p.m., f SH–216. CONGRESSIONAL PROGRAM AHEAD Committee on Banking, Housing, and Urban Affairs: Octo- ber 5, to hold hearings to examine the nomination of Week of October 4 through October 9, 2004 Pamela Hughes Patenaude, of New Hampshire, to be an Assistant Secretary of Housing and Urban Development, Senate Chamber 2:30 p.m., SD–538. On Monday, at 11 a.m., Senate will resume con- Committee on Commerce, Science, and Transportation: Octo- sideration of S. 2845, National Intelligence Reform ber 5, to hold hearings to examine issues relating to E- Act, and vote on or in relation to certain pending Rate, 9:30 a.m., SR–253. amendments beginning at approximately 4:15 p.m. D990 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2004

October 6, Subcommittee on Competition, Foreign OFHEO Report: Allegations of Accounting and Manage- Commerce, and Infrastructure, to hold hearings to exam- ment Failure at Fannie Mae,’’ 10 a.m., 2128 Rayburn. ine issues relating to natural gas, 2:30 p.m., SR–253. October 7, Subcommittee Housing and Community October 7, Full Committee, to hold hearings to exam- Opportunity, hearing entitled ‘‘Mortgage Fraud and its ine the effect of Federal bankruptcy and pension policy Impact on Mortgage Lenders,’’ 10 a.m., 2128 Rayburn. on the financial situation of the airlines, 9:30 a.m., Committee on Government Reform, October 5, Sub- SR–253. committee on National Security, Emerging Threats and Committee on Finance: October 5, to hold hearings to ex- International Relations, hearing entitled ‘‘The U.N. Oil amine redesigning the social security disability process, for Food Program: Cash Cow Meets Paper Tiger,’’ 11 10 a.m., SD–215. a.m., 2154 Rayburn. Committee on Foreign Relations: October 5, to hold hear- October 6, Subcommittee on Energy Policy, Natural ings to examine the progress of the Millennium Chal- Resources and Regulatory Affairs, hearing entitled ‘‘Cur- lenge Corporation, 9:30 a.m., SD–419. rent Challenges in Combating the West Nile Virus,’’ 10 October 6, Full Committee, to hold hearings to exam- a.m., 2247 Rayburn. ine the impact of current visa policy on international stu- dents and researchers, 9:30 a.m., SD–419. October 6, Subcommittee on Human Rights and Committee on Governmental Affairs: October 5, to hold Wellness, hearing entitled ‘‘A Global Killer: HIV and hearings to examine the nomination of Gregory E. Jack- AIDS in the United States and Abroad,’’ 2 p.m., 2154 son, to be an Associate Judge of the Superior Court of Rayburn. the District of Columbia, 10 a.m., SD–342. Committee on International Relations, October 6, hearing Committee on Health, Education, Labor, and Pensions: Oc- on the Annual Report on International Religious Freedom tober 5, to hold hearings to examine public-private part- 2004 and Designations of Countries of Particular Con- nerships to improve nutrition and increase physical activ- cern, 10:30 a.m., 2172 Rayburn. ity in children, 10 a.m., SD–430. October 6, Subcommittee on Western Hemisphere, October 6, Full Committee, with the Committee on hearing on U.S. Trade Disputes in Peru and Ecuador, the Judiciary, to hold joint hearings to examine respond- 2:30 p.m., 2200 Rayburn. ing to an ever-changing threat relating to BioShield II, Committee on the Judiciary, October 5, Subcommittee on 10 a.m., SH–216. Courts, the Internet, and Intellectual Property, oversight Committee on Indian Affairs: October 6, business meet- hearing on Peer-to-Peer Piracy (P2P) on University Cam- ing to consider pending calendar business, 10 a.m., puses: An Update, 9 a.m., 2141 Rayburn. SR–485. October 6, Subcommittee on the Constitution, over- Committee on the Judiciary: October 5, business meeting sight hearing on the Presidential Succession Act, 9:30 to consider pending calendar business, 9 a.m., SD–226. a.m., 2141 Rayburn. October 5, Full Committee, to hold hearings to exam- October 7, Subcommittee on Crime, Terrorism, and ine opening the presidency to naturalized Americans, 10 Homeland Security, oversight hearing on Federal Of- a.m., SD–226. fender Reentry and Protecting Children from Criminal October 6, Full Committee, with the Committee on Recidivists, 9 a.m., 2141 Rayburn. Health, Education, Labor, and Pensions, to hold joint Committee on Rules, October 4, to consider S. 878, hearings to examine responding to an ever-changing Bankruptcy Judgeship Act of 2003, 5 p.m., H–313 Cap- threat relating to BioShield II, 10 a.m., SH–216. itol. Select Committee on Intelligence: October 6, to hold closed Committee on Transportation and Infrastructure, October 6, hearings to examine certain intelligence matters, 10 a.m., Subcommittee on Coast Guard and Maritime Transpor- SH–219. tation, oversight hearing on Maritime Domain Awareness, House Chamber 10 a.m., 2167 Rayburn. Committee on Veterans’ Affairs, October 6, Subcommittee Program to be announced. on Oversight and Investigations, hearing on the status of House Committees the Department of Veterans smart card initiative(s), 9:30 a.m., 334 Cannon. Committee on Appropriations, October 5, Subcommittee on Labor, Health and Human Services, Education and Re- Joint Meetings lated Agencies, on Influenza Vaccine, 9:30 a.m., 2358 Rayburn. Conference: October 4, meeting of conferees on H.R. October 7, Subcommittee on Homeland Security, on 4520, to amend the Internal Revenue Code of 1986 to Homeland Security Presidential Directive-8 Implementa- remove impediments in such Code and make our manu- tion, 10 a.m., 2362–A Rayburn. facturing, service, and high-technology businesses and Committee on the Budget, October 6, hearing on Federal workers more competitive and productive both at home Revenue Options, 10 a.m., 210 Cannon. and abroad, 7 p.m., 1100 LHOB. Committee on Energy and Commerce, October 6, Sub- Joint Economic Committee: October 7, to hold hearings to committee on Commerce, Trade and Consumer Protec- examine the long-run economics of natural gas, 10 a.m., tion, hearing entitled ‘‘Child Product Safety: Do Current SD–628. Standards Provide Enough Protection?’’ 10 a.m., 2123 October 8, Full Committee, to hold hearings to exam- Rayburn. ine the current employment situation for September, 9:30 Committee on Financial Services, October 6, Sub- a.m., SD–628. committee on Capital Markets, Insurance, and Govern- ment Sponsored Enterprises, hearing entitled ‘‘The October 1, 2004 CONGRESSIONAL RECORD—DAILY DIGEST D991

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through September 30, 2004 January 20 through September 30, 2004 Senate House Total Civilian nominations, totaling 496 (including 195 nominations carried Days in session ...... 115 96 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 872 hrs., 22 776 hrs., 55 .. Confirmed ...... 154 Congressional Record: Unconfirmed ...... 321 Pages of proceedings ...... 10,194 7,945 . . Withdrawn ...... 18 Extensions of Remarks ...... 1,760 . . Returned to White House ...... 3 Public bills enacted into law ...... 26 83 109 Private bills enacted into law ...... 1 . . . . Other Civilian nominations, totaling 3,160, (including 5 nominations carried over from the First Session), disposed of as follows: Bills in conference ...... 6 16 . . Measures passed, total ...... 410 559 969 Confirmed ...... 2,693 Senate bills ...... 111 37 . . Unconfirmed ...... 466 House bills ...... 116 263 . . Withdrawn ...... 1 Senate joint resolutions ...... 5 3 . . Air Force nominations, totaling 8,166, (including 3,572 nominations House joint resolutions ...... 2 6 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 33 11 . . Confirmed ...... 5,582 House concurrent resolutions ...... 29 69 . . Unconfirmed ...... 2,584 Simple resolutions ...... 114 170 . . Measures reported, total ...... 257 302 559 Army nominations, totaling 5,883 (including 594 nominations carried Senate bills ...... 171 14 . . over from the First Session), disposed of as follows: House bills ...... 59 202 . . Confirmed ...... 5,767 Senate joint resolutions ...... 5 . . . . Unconfirmed ...... 116 House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 6 . . . . Navy nominations, totaling 9,362 (including 2,444 nominations car- House concurrent resolutions ...... 2 6 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 14 79 . . Confirmed ...... 8,908 Special reports ...... 6 3 . . Unconfirmed ...... 454 Conference reports ...... 1 5 . . Marine Corps nominations, totaling 1,227 (including 2 nominations Measures pending on calendar ...... 293 146 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 1,104 2,013 3,117 Bills ...... 875 1501 .. Confirmed ...... 1,225 Joint resolutions ...... 15 25 . . Unconfirmed ...... 2 Concurrent resolutions ...... 53 159 . . Summary Simple resolutions ...... 161 328 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 194 276 . . Total Nominations Received this session ...... 21,482 Recorded votes ...... 209 . . Total confirmed ...... 24,329 Bills vetoed ...... Total unconfirmed ...... 3,943 Vetoes overridden ...... Total withdrawn ...... 19 Total returned to the White House ...... 3 D992 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, October 4 12:30 p.m., Monday, October 4

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House will meet at 12:30 morning business (not to extend beyond 60 minutes), p.m. for Morning Hour debate and at 2 p.m. for legisla- Senate will resume consideration of S. 2845, National In- tive business. telligence Reform Act, and vote on or in relation to cer- tain pending amendments beginning at approximately 4:15 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E1761 Rangel, Charles B., N.Y., E1772 Hoeffel, Joseph M., Pa., E1769 Renzi, Rick, Ariz., E1776 Baca, Joe, Calif., E1771 Istook, Ernest J., Jr., Okla., E1777 Serrano, Jose´ E., N.Y., E1764, E1768 Blackburn, Marsha, Tenn., E1773 Kaptur, Marcy, Ohio, E1770 Simpson, Michael K., Idaho, E1769 Brady, Kevin, Tex., E1761, E1765, E1769 Kildee, Dale E., Mich., E1763, E1767 Skelton, Ike, Mo., E1762, E1765 Burgess, Michael C., Tex., E1761, E1763, E1763, E1764, McCarthy, Karen, Mo., E1776 Stupak, Bart, Mich., E1772 E1768, E1769, E1770 McCotter, Thaddeus G., Mich., E1775 Terry, Lee, Nebr., E1772 Cardoza, Dennis A., Calif., E1762, E1766 McInnis, Scott, Colo., E1761, E1765, E1767, E1767, Thornberry, Mac, Tex., E1770 Carson, Julia, Ind., E1775 E1769 Tiberi, Patrick J., Ohio, E1774 Cramer, Robert E. (Bud), Jr., Ala., E1763, E1767 Miller, Jeff, Fla., E1771 Towns, Edolphus, N.Y., E1773 Cubin, Barbara, Wyo., E1778 Ney, Robert W., Ohio, E1768 Udall, Tom, N.M., E1773 Davis, Susan A., Calif., E1775 Ose, Doug, Calif., E1778 Vitter, David, La., E1775 Eshoo, Anna G., Calif., E1762, E1765 Portman, Rob, Ohio, E1771 Weldon, Dave, Fla., E1778 Filner, Bob, Calif., E1764, E1768 Price, David E., N.C., E1763, E1766 Wilson, Joe, S.C., E1775 Garrett, Scott, N.J., E1777 Radanovich, George, Calif., E1762, E1765 Wynn, Albert Russell, Md., E1776

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