Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, MARCH 11, 2014 No. 40 Senate The Senate met at 9 a.m. and was appoint the Honorable BENJAMIN L. CARDIN, RESERVATION OF LEADER TIME called to order by the Honorable BEN- a Senator from the State of Maryland, to The ACTING PRESIDENT pro tem- JAMIN L. CARDIN, a Senator from the perform the duties of the Chair. pore. Under the previous order, the State of Maryland. PATRICK J. LEAHY, leadership time is reserved. President pro tempore. f PRAYER Mr. CARDIN thereupon assumed the MORNING BUSINESS The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. fered the following prayer: f The ACTING PRESIDENT pro tem- Let us pray. RECOGNITION OF THE MAJORITY pore. Under the previous order, the Eternal Father, the center of our joy, LEADER Senate will be in a period of morning as the Senate ends its 35th all-night business until 11:30 a.m., with Senators session, thank You for the faithful The ACTING PRESIDENT pro tem- permitted to speak therein for up to 10 work of the members of each Senator’s pore. The majority leader is recog- minutes each, and the time equally di- staff. Remind these staff members that nized. vided between the two leaders or their You see their diligence and will reward f designees, with the majority control- their patriotism. CHILD CARE AND DEVELOPMENT ling the first hour and the Republicans Today, give our lawmakers con- BLOCK GRANT ACT OF 2014—MO- controlling the second hour. fidence that You are in control of our TION TO PROCEED—Resumed The Senator from California is recog- world. May their trust in Your provi- nized. Mr. REID. Mr. President, I move to dence deliver them from hindrances f that prevent them from serving You proceed to Calendar No. 309, S. 1086. and this land we love. Empower them The ACTING PRESIDENT pro tem- CIA DETENTION AND to be workers who need not be pore. The clerk will report the motion. INTERROGATION REPORT ashamed, striving to please You in all The assistant legislative clerk read Mrs. FEINSTEIN. Good morning. that they do. As the Sun sets on this as follows: Mr. President, over the past week day, may they be nearer to You than Motion to proceed to Calendar No. 309, S. there have been numerous press arti- when this day began. 1086, a bill to reauthorize and improve the cles written about the intelligence We pray in Your great Name. Amen. Child Care and Development Block Grant committee’s oversight review of the de- Act of 1990, and for other purposes. f tention and interrogation program of SCHEDULE the CIA. PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, following Specifically, press attention has fo- The Presiding Officer led the Pledge my remarks, the Senate will be in a pe- cused on the CIA’s intrusion and search of Allegiance, as follows: riod of morning business until 11:30 of the Senate select committee’s com- I pledge allegiance to the Flag of the a.m., with the majority controlling the puters, as well as the committee’s ac- United States of America, and to the Repub- first hour and the Republicans control- quisition of a certain internal CIA doc- lic for which it stands, one nation under God, ling the next hour. ument known as the Panetta review. indivisible, with liberty and justice for all. ORDER OF PROCEDURE I rise today to set the record straight f I ask unanimous consent that Sen- and to provide a full accounting of the APPOINTMENT OF ACTING ator FEINSTEIN be allotted a full hour. facts and history. PRESIDENT PRO TEMPORE I have taken some of her time. Let me say up front that I come to The ACTING PRESIDENT pro tem- the Senate floor reluctantly. Since The PRESIDING OFFICER. The pore. Without objection, it is so or- January 15, 2014, when I was informed clerk will please read a communication dered. of the CIA’s search of this committee’s to the Senate from the President pro Mr. REID. At 11:30 this morning, the network, I have been trying to resolve tempore (Mr. LEAHY). Senate will proceed to executive ses- this dispute in a discreet and respectful The assistant bill clerk read the fol- sion and there will be four rollcall way. I have not commented in response lowing letter: votes on the motions to invoke cloture to media requests for additional infor- U.S. SENATE, on four nominees to be United States mation on this matter. However, the PRESIDENT PRO TEMPORE, Washington, DC, March 11, 2014. district judges. increasing amount of inaccurate infor- To the Senate: Following the votes, the Senate will mation circulating now cannot be al- Under the provisions of rule I, paragraph 3, recess until 2:15 p.m. to allow for our lowed to stand unanswered. of the Standing Rules of the Senate, I hereby weekly caucus meetings. The origin of this study.

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

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VerDate Sep 11 2014 10:36 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S11MR4.REC S11MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1488 CONGRESSIONAL RECORD — SENATE March 11, 2014 The CIA’s detention and interroga- other documents, pursuant to the com- report, they would often print it or tion program began operations in 2002, mittee’s document requests at a secure make a copy of the file on their com- though it was not until September 2006 location in northern Virginia. We puter so they could easily find it again. that members of the intelligence com- agreed but insisted on several condi- There are thousands of such documents mittee, other than the chairman and tions and protections to ensure the in- in the committee’s secure spaces at the the vice chairman, were briefed. In tegrity of this congressional investiga- CIA facility. fact, we were briefed by then-CIA Di- tion. Now, prior removal of documents by rector Hayden only hours before Presi- Per an exchange of letters in 2009, the CIA. dent Bush disclosed the program to the then-Vice Chairman Bond, then-Direc- In early 2010, the CIA was continuing public. tor Panetta, and I agreed—in an ex- to provide documents, and the com- A little more than a year later, on change of letters—that the CIA was to mittee staff was gaining familiarity December 6, 2007, a New York Times ar- provide a ‘‘stand-alone computer sys- with the information it had already re- ticle revealed the troubling fact that tem’’ with a ‘‘network drive . . . seg- ceived. the CIA had destroyed videotapes of regated from CIA networks’’ for the In May of 2010, the committee staff some of the CIA’s first interrogations committee that would only be accessed noticed that the documents that had using so-called enhanced techniques. by information technology personnel been provided for the committee’s re- We learned that this destruction was at the CIA, who would ‘‘not be per- view were no longer accessible. Staff over the objections of President Bush’s mitted to’’ ‘‘share information from approached the CIA personnel at the White House counsel and the Director the system with other [CIA] personnel, off-site location, who initially denied of National Intelligence. except as otherwise authorized by the the documents had been removed. CIA After we read about the destruction committee.’’ personnel then blamed information of the tapes in the newspapers, Direc- It was this computer network, not- technology personnel, who were almost tor Hayden briefed the Senate intel- withstanding our agreement with Di- all contractors, for removing the docu- ligence committee. He assured us that rector Panetta, that was searched by ments themselves without direction or this was not destruction of evidence, as the CIA this past January, and once be- authority. Then the CIA stated that detailed records of the interrogations fore, which I will later describe. the removal of the documents was or- existed on paper—in the form of CIA In addition to demanding that the dered by the White House. When the operational cables describing the de- documents produced for the committee committee approached the White tention conditions and the day-to-day be reviewed at a CIA facility, the CIA House, the White House denied giving CIA interrogations. also insisted on conducting a multi- the CIA any such order. The CIA Director stated that these layered review of every responsive doc- After a series of meetings, I learned cables were ‘‘a more than adequate rep- ument before providing the document that on two occasions, CIA personnel resentation’’ of what would have been to the committee. This was to ensure electronically removed committee ac- on the destroyed tapes. Director Hay- the CIA did not mistakenly provide cess to CIA documents after providing den offered at that time, during Sen- documents unrelated to the CIA’s de- them to the committee. This included ator JAY ROCKEFELLER’s chairmanship tention and interrogation program—or roughly 870 documents—or pages of of the committee, to allow members or provide documents that the President documents—that were removed in Feb- staff to review these sensitive CIA could potentially claim to be covered ruary 2010 and, secondly, roughly an- operational cables, given that the vid- by executive privilege. other 50 that were removed in mid-May eotapes had been destroyed. While we viewed this as unnecessary, 2010. This was done without the knowl- Chairman ROCKEFELLER sent two of and raised concerns that it would delay edge or approval of committee mem- his committee staffers out to the CIA our investigation, the CIA hired a team bers or staff and in violation of our on nights and weekends to review thou- of outside contractors—who otherwise written agreements. sands of these cables, which took many would not have had access to these sen- Further, this type of behavior would months. By the time the two staffers sitive documents—to read, multiple not have been possible had the CIA al- completed their review into the CIA’s times, each of the 6.2 million pages of lowed the committee to conduct the re- early interrogations in early 2009, I had documents produced, before providing view of documents here in the Senate. become chairman of the committee and them to fully cleared committee staff In short, this was the exact sort of CIA President Obama had been sworn into conducting the committee’s oversight interference in our investigation that office. work. This proved to be a slow and we sought to avoid at the outset. The resulting staff report was very expensive process. I went to the White House to raise chilling. The interrogations and the The CIA started making documents the issue with the then-White House conditions of confinement at the CIA available electronically to the com- counsel. In May 2010 he recognized the detention sites were far different and mittee staff at the CIA-leased facility severity of the situation and the grave far more harsh than the way the CIA in mid-2009. The number of pages ran implications of executive branch per- had described them to us. As a result of quickly to the thousands, the tens of sonnel interfering with an official con- the staff’s initial report, I proposed and thousands, the hundreds of thousands, gressional investigation. The matter then Vice Chairman Bond agreed, and and then into the millions. The docu- was resolved with a renewed commit- the committee overwhelmingly ap- ments that were provided came with- ment from the White House counsel proved, that the committee conduct an out any index, without any organiza- and the CIA that there would be no fur- expansive and full review of the CIA’s tional structure. It was a true ‘‘docu- ther unauthorized access to the com- detention and interrogation program. ment dump’’ that our committee staff mittee’s network or removal of access On March 5, 2009, the committee had to go through and make sense of. to CIA documents already provided to voted 14 to 1 to initiate a comprehen- In order to piece together the story the committee. sive review of the CIA detention and of the CIA’s detention and interroga- On May 17, 2010, the CIA’s then-Direc- interrogation program. Immediately, tion program, the committee staff did tor of Congressional Affairs apologized we sent a request for documents to all two things that will be important as I on behalf of the CIA for removing the relevant executive branch agencies, go on. documents. And that, as far as I was chiefly among them the CIA. First, they asked the CIA to provide concerned, put the incident aside. This The committee’s preference was for an electronic search tool so they could event was separate from the documents the CIA to turn over all responsive doc- locate specific relevant documents for provided that were part of the internal uments to the committee’s office, as their search among the CIA-produced Panetta review which occurred later, had been done in previous committee documents—just like you would use a and which I will describe next. investigations. search tool on the Internet to locate At some point in 2010, committee Director Panetta proposed an alter- information. staff searching the documents that had native arrangement: to provide, lit- Second, when the staff found a docu- been made available found draft erally, millions of pages of operational ment that was particularly important versions of what is now called the in- cables, internal emails, memos, and or that might be referenced in our final ternal Panetta review. We believe

VerDate Sep 11 2014 10:36 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S11MR4.REC S11MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 11, 2014 CONGRESSIONAL RECORD — SENATE S1489 these documents were written by CIA the committee study which Director bringing them back to our secure of- personnel to summarize and analyze Brennan delivered to me personally is fices here on Capitol Hill. the materials that had been provided labeled ‘‘deliberative process, privi- The CIA review was designed specifi- to the committee for its review. The leged document.’’ cally to make sure that committee Panetta review documents were no We have discussed this with the Sen- documents available to all staff and more highly classified than other infor- ate legal counsel who has confirmed members did not include certain kinds mation we had received for our inves- that Congress does not recognize these of information, most importantly the tigation. In fact, the documents ap- claims of privilege when it comes to true names of nonsupervisory CIA per- peared based on the same information documents provided to Congress for our sonnel and the names of specific coun- already provided to the committee. oversight duties. These were docu- tries in which the CIA operated deten- What was unique and interesting ments provided by the executive tion sites. We had agreed upfront that about the internal documents was not branch pursuant to an authorized con- our report didn’t need to include this their classification level but, rather, gressional oversight investigation, so information, and so we agreed to re- their analysis and acknowledgment of we believe we had every right to review dact it from materials leaving the significant CIA wrongdoing. To be and keep the documents. CIA’s facility. clear, the committee staff did not hack There are also claims in the press In keeping with the spirit of the into CIA computers to obtain these that the Panetta internal review docu- agreements, the portion of the internal documents, as has been suggested in ments, having been created in 2009 and Panetta review at the Hart building in the press. The documents were identi- 2010, were outside the date range of the our safe has been redacted. It does not fied using the search tool provided by committee’s document request or the contain names of nonsupervisory CIA the CIA to search the documents pro- terms of the committee study. This, personnel or information identifying vided to the committee. We have no too, is inaccurate. The committee’s detention site locations. In other way to determine who made the inter- document requests were not limited in words, our staff did just what the CIA nal Panetta review documents avail- time. In fact, as I have previously an- personnel would have done had they re- able to the committee. nounced, the committee study includes viewed the documents. Further, we do not know whether the significant information on the May There are several reasons why the documents were provided intentionally 2011 Osama bin Laden operation, which draft summary of the Panetta review by the CIA, unintentionally by the obviously postdated the detention and was brought to our secure spaces at the CIA, or intentionally by a whistle- interrogation program. Hart building. Let me list them: No. 1, blower. In fact, we know that over the At some time after the committee the significance of the internal review, years on multiple occasions the staff staff identified and reviewed the inter- given disparities between it and the have asked the CIA about documents nal Panetta review documents, access June 2013 CIA response to the commit- made available for our investigation. to the vast majority of them was re- tee’s study. The internal Panetta re- At times the CIA has simply been un- moved by the CIA. We believe this hap- view summary, now at the secure com- aware that these specific documents pened in 2010, but we have no way of mittee office in Hart, is an especially were provided to the committee. And knowing the specifics, nor do we know significant document, as it corrobo- while this is alarming, it is also impor- why the documents were removed. The rates critical information in the com- tant to note that more than 6.2 million staff was focused on reviewing the tens mittee’s 6,300-page study that the CIA’s pages of documents have been provided. of thousands of new documents that official response either objects to, de- This is simply a massive amount of continue to arrive on a regular basis. nies, minimizes, or ignores. records. As I described earlier, as part Our work continued until December Unlike the official response, these of its standard process for reviewing 2012 when the Intelligence Committee Panetta review documents were in records, the committee staff printed approved a 6,300-page committee study agreement with the committee’s find- copies of the internal Panetta review of the CIA’s detention and interroga- ings. That is what makes them so sig- and made electronic copies of the com- tion program and sent the executive re- nificant and important to protect. mittee’s computers at the facility. The port to the executive branch for com- When the internal Panetta review staff did not rely on these internal Pa- ment. The CIA provided its response to documents disappeared from the com- netta review documents when drafting the study on June 27, 2013. mittee’s computer system, this sug- the final 6,300-page committee study. As CIA Director Brennan has stated, gested once again that the CIA had re- But it was significant that the internal the CIA officially agrees with some of moved documents already provided to Panetta review had documented at our study, but, as has been reported, the committee in violation of CIA least some of the very same troubling the CIA disagrees and disputes impor- agreements and White House assur- matters already uncovered by the com- tant parts of it. And this is important. ances that the CIA would cease such mittee staff, which is not surprising in Some of these important parts the CIA activities. that they were looking at the same in- now disputes in our committee study As I have detailed, the CIA has pre- formation. are clearly acknowledged in the CIA’s viously withheld and destroyed infor- There is a claim in the press and else- own internal Panetta review. To say mation about its detention and interro- where that the marks on these docu- the least, this is puzzling. How can the gation program, including its decision ments should have caused the staff to CIA’s official response to our study in 2005 to destroy interrogation video- stop reading them and turn them over stand factually in conflict with its own tapes over the objections of the Bush to the CIA. I reject that claim com- internal review? White House and the Director of Na- pletely. As with many other documents Now after noting the disparity be- tional Intelligence. Based on the above, provided to the committee at the CIA tween the official CIA response to the there was a need to preserve and pro- facility, some of the internal Panetta committee study and the internal Pa- tect the internal Panetta review in the review documents—some—contained netta review, the committee staff se- committee’s own secure spaces. The re- markings indicating that they were curely transported a printed portion of location of the internal Panetta review ‘‘deliberative’’ and/or ‘‘privileged.’’ the draft internal Panetta review from was lawful and handled in a manner This was not especially noteworthy to the committee’s secure room at the consistent with its classification. No staff. In fact, CIA has provided thou- CIA-leased facility to the secure com- law prevents the relocation of a docu- sands of internal documents to include mittee spaces in the Hart Senate office ment in the committee’s possession CIA legal guidance and talking points building. And let me be clear about from a CIA facility to secure com- prepared for the CIA Director, some of this. I mentioned earlier the exchange mittee offices on Capitol Hill. As I which were marked as being ‘‘delibera- of letters that Senator Bond and I had mentioned before, the document was tive’’ or ‘‘privileged.’’ with Director Panetta in 2009 over the handled and transported in a manner Moreover, the CIA has officially pro- handling of information for his review. consistent with its classification, re- vided such documents to the com- The letters set out a process whereby dacted appropriately, and it remained mittee here in the Senate. In fact, the the committee would provide specific secure with restricted access in com- CIA’s official June 27, 2013 response to CIA documents to CIA reviewers before mittee spaces.

VerDate Sep 11 2014 10:36 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S11MR4.REC S11MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1490 CONGRESSIONAL RECORD — SENATE March 11, 2014 Now the January 15, 2014, meeting powers constitutional issues that the staff may have committed a crime. I with Director John Brennan. In late search raised. I followed this with a view the acting counsel general’s refer- 2013, I requested in writing that the second letter on January 23 to the Di- ral as a potential effort to intimidate CIA provide a final and complete rector, asking 12 specific questions this staff, and I am not taking it light- version of the internal Panetta review about the CIA’s actions—questions ly. to the committee, as opposed to the that the CIA has refused to answer. I should note that for most, if not all, partial document the committee cur- Some of the questions in my letter of the CIA’s detention and interroga- rently possesses. related to the full scope of the CIA’s tion program, the now-acting general In December, during an open com- search of our computer network. Other counsel was a lawyer in the CIA’s mittee hearing, Senator MARK UDALL questions related to who had author- Counterterrorism Center—the unit echoed this request. In early January ized and conducted the search and what within which the CIA managed and car- 2014, the CIA informed the committee legal basis the CIA claimed gave it au- ried out this program. From mid-2004 it would not provide the internal Pa- thority to conduct the search. Again, until the official termination of the de- netta review to the committee citing the CIA has not provided answers to tention and interrogation program in the deliberative nature of the docu- any of my questions. January of 2009, he was the unit’s chief ment. My letter also laid out my concern lawyer. He is mentioned by name more Shortly thereafter, on January 15, about the legal and constitutional im- than 1,600 times in our study. 2014, CIA Director Brennan requested plications of the CIA’s actions. Based Now this individual is sending a an emergency meeting to inform me on what Director Brennan has in- crimes report to the Department of and Vice Chairman CHAMBLISS that formed us, I have grave concerns that Justice on the actions of congressional without prior notification or approval, the CIA’s search may well have vio- staff—the same congressional staff who CIA personnel had conducted a lated the separation of powers prin- researched and drafted a report that ‘‘search’’—that was John Brennan’s ciples embodied in the U.S. Constitu- details how CIA officers, including the word—of the committee computers at tion, including the speech and debate acting general counsel himself, pro- the offsite facility. This search in- clause. It may have undermined the vided inaccurate information to the volved not only a search of documents constitutional framework essential to Department of Justice about the pro- provided by the committee to the CIA effective congressional oversight of in- gram. but also a search of the stand-alone telligence activities or any other gov- Let me say this: All Senators rely on their staff to be their eyes and ears and and walled-off committee network ernment function. I have asked for an to carry out our duties. The staff mem- drive containing the committee’s own apology and a recognition that this bers of the intelligence committee are internal work product and communica- CIA search of computers used by its dedicated professionals who are moti- tions. oversight committee was inappro- vated to do what is best for our Nation. According to Brennan, the computer priate. I have received neither. Besides The staff members who have been search was conducted in response to in- the constitutional implication, the working on this study and this report dications that some members of the CIA’s search may also have violated have devoted years of their lives to it, committee staff might already have the Fourth Amendment, the Computer wading through the horrible details of had access to the internal Panetta re- Fraud and Abuse Act, as well as Execu- a CIA program that never, never, never view. The CIA did not ask the com- tive Order 12333, which prohibits the should have existed. mittee or its staff if the committee had CIA from conducting domestic searches They have worked long hours and access to the internal Panetta review or surveillance. produced a report unprecedented in its or how we obtained it. Days after the meeting with Director comprehensive attention to detail in Instead, the CIA just went and Brennan, the CIA inspector general the history of the Senate. They are searched the committee’s computers. David Buckley learned of the CIA now being threatened with legal jeop- The CIA has still not asked the com- search and began an investigation into ardy just as the final revisions to the mittee any questions about how the the CIA’s activities. I have been in- report are being made so parts of it can committee acquired the Panetta re- formed that Mr. Buckley has referred be declassified and released to the view. In place of asking any questions, the matter to the Department of Jus- American people. the CIA’s unauthorized search of the tice given the possibility of a criminal I felt I needed to come to the floor to committee computers was followed by violation by CIA personnel. correct the public record and to give an allegation—which we have now seen Let me note, because the CIA has re- the American people the facts about repeated anonymously in the press— fused to answer the questions in my what the dedicated committee staff that the committee staff had somehow January 23 letter and the CIA inspector have been working so hard on for the obtained the document through unau- general is ongoing, I have limited in- last several years as part of the com- thorized or criminal means, perhaps to formation about exactly what the CIA mittee’s investigation. include hacking into the CIA’s com- did in conducting its search. I also want to reiterate to my col- puter network. Weeks later, I was also told that leagues my desire to have all updates As I have described, this is not true. after the inspector general referred the to the committee report completed The document was made available to CIA’s activities to the Department of this month and approved for declas- the staff at the offsite facility and it Justice, the acting counsel general of sification. We are not going to stop. I was located using a CIA-provided the CIA filed a crimes report with the intend to move to have the findings, search tool running a query of the in- Department of Justice concerning the conclusions, and the executive sum- formation provided to the committee committee staff’s actions. mary of the report sent to the Presi- pursuant to its investigation. I have not been provided the specifics dent for declassification and release to Director Brennan stated that the CIA of these allegations or been told wheth- the American people. The White House search had determined that the com- er the Department has initiated a has indicated publicly—and to me per- mittee staff had copies of the internal criminal investigation based on the al- sonally—that it supports declassifica- Panetta review on the committee legations of the CIA’s acting general tion and release. If the Senate can de- staff’s shared drive and had accessed counsel. classify this report, we will be able to them numerous times. He indicated at As I mentioned before, our staff in- ensure that an un-American, brutal the meeting that he was going to order volved in this matter have the appro- program of detention and interrogation further forensic investigation of the priate clearances, handled this sen- will never again be considered or per- committee network to learn more sitive material according to estab- mitted. about activities of the committee’s lished procedures and practice to pro- The recent actions I have just laid oversight staff. tect classified information, and were out make this a defining moment for Two days after the meeting, on Janu- provided access to the Panetta review the oversight of our intelligence com- ary 17, I wrote a letter to Director by the CIA itself. As a result there is mittee. How this will be resolved will Brennan objecting to any further CIA no legitimate reason to allege to the show whether the intelligence com- investigation due to the separation of Justice Department that the Senate mittee can be effective in monitoring

VerDate Sep 11 2014 10:36 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S11MR4.REC S11MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 11, 2014 CONGRESSIONAL RECORD — SENATE S1491 and investigating our Nation’s intel- COMMENDING SENATOR Combating Autism Act of 2006 and, as ligence activities or whether our work FEINSTEIN Republican leader, helped to secure its can be thwarted by those we oversee. Mr. REID. Mr. President, I wish to reauthorization in 2011. These were not I believe it is critical that the com- take a minute to commend Senator partisan initiatives. They were areas mittee and the Senate reaffirm our DIANNE FEINSTEIN. There is not a more where the two parties had generally oversight role and our independence dignified, competent Senator in this worked together to advance the com- under the Constitution of the United body than DIANNE FEINSTEIN. She mon good. Maybe that is why we don’t States. hear that much about them, but I I thank the Presiding Officer for his works tireless hours leading the Intel- ligence Committee. It is a very dif- think we all agree there is more to be patience, and I yield the floor. done. The PRESIDING OFFICER. The Sen- ficult job, always away from the press, one that is very important to our coun- Late last year the House passed bi- ator from Vermont. partisan legislation, which I strongly Mr. LEAHY. Mr. President, while the try. support, to shift funding from lower distinguished Senator from California Her statement outlined I believe one priority programs to pediatric re- is on the floor, I will tell her through of most important principles we must search, including childhood cancers, the Chair that I have had the privilege maintain; that is, separation of powers. autism, Down syndrome, Fragile X, of serving in this body for 40 years. I The Founding Fathers were visionary have heard thousands of speeches on in creating this great government of and countless other disorders and dis- this floor. I cannot think of any speech ours, three separate but equal branches eases that affect our children and don’t by any Member of either party as im- of government: executive, judicial, and yet have a cure. These efforts could be portant as the one the Senator from legislative. paid for by using taxpayer funding of California just gave. Her statement today pronounced, in the Republican and Democratic polit- What she is saying is that if we are a very firm fashion, that must con- ical conventions. Frankly, it is hard to imagine that going to protect the separation of pow- tinue, that separation of powers. The there would be any objection to moving ers and the concept of congressional work the committee has done over the these funds to do something we can all oversight, then she has taken the right last many years dealing with what agree is a very high priority, and that steps to do that. went on in the prior administration is The very first vote I cast in this body is pediatric research. imperative. Thanks to the leadership of House was for the Church Committee, which I do not know much of the details as examined the excesses of the CIA and Majority Leader ERIC CANTOR, the to what they are working on, but I Gabriella Miller Kids First Research other agencies—everything from assas- know what they have been working on sinations to spying on those who were Savings Act, which was named in generally. I admire what she has done honor of a young girl from Virginia, protesting the war in Vietnam. There and the committee has done, and espe- was a famous George Tames picture, passed the House on a wide bipartisan cially her statement today was one of where then-chairman of the Armed majority with nearly 300 votes. After it courage and conviction. We know, Services Committee John Stennis was arrived in the Senate, I asked my col- those of us who have worked with her berating Senator Frank Church for leagues on the Republican side to pass over the years, that no one has more proposing this committee. He said that it and send it to the President for his he, Senator Stennis, could find out courage and conviction than DIANNE signature, because I saw the positive what he wanted to find out but didn’t FEINSTEIN. impact these funds would have on pedi- really want to know everything. Mr. CARDIN. Mr. President, I suggest atric research. All Republicans agreed I was standing behind George Tames the absence of a quorum. to pass the bill on January 7, and today when he took that picture in my first The PRESIDING OFFICER (Mr. marks the 63rd day that Senate Demo- caucus. There is pressure on the junior BOOKER). The clerk will call the roll. crats have failed to act—although I Members—and I was the most junior The assistant legislative clerk pro- must say I understand it has now Member of the Senate at that time— ceeded to call the roll. cleared and I think that is excellent. It not to vote for the Church Committee. Mr. MCCONNELL. I ask unanimous is about time we passed this bill out of Senator Mike Mansfield said to me— consent that the order for the quorum the Senate. I believe we are about to do as did Senator Fritz Mondale and oth- call be rescinded. that. This is the type of bipartisan leg- ers—that the Senate is bigger than any The PRESIDING OFFICER. Without islation that should move easily one Senator. We come and go, but the objection, it is so ordered. through the Senate. We should be able Senate lasts. If we do not stand up for f to pass the measure today and it is my the protection of the separation of understanding we will be able to do powers and our ability to do over- RECOGNITION OF THE MINORITY LEADER that. sight—especially when conduct has Mr. KAINE. Mr. President, I am happened that is, in all likelihood, The PRESIDING OFFICER. The Re- pleased today the Senate will pass leg- criminal conduct on the part of a gov- publican leader is recognized. islation I support, the Gabriella Miller ernment agency—then what do we f Kids First Research Act. This bipar- stand for? We are supposed to be the tisan legislation honors the memory of BATTLING DISABLING DISORDERS conscience of the Nation. Gabriella Miller, a young girl from The Senator from California, Mrs. Mr. MCCONNELL. As a survivor of Leesburg, VA who was diagnosed with FEINSTEIN, has spoken to our con- polio as a child, I have always science—to every one of the 100 Sen- an inoperable brain tumor at age 9. empathized with children battling life- In the face of her own diagnosis, ators, men and women, of both parties. threatening or disabling disorders. I Gabriella worked to help other children She has spoken to our conscience. Now also have a special place in my heart with pediatric diseases. She raised let’s stand up for this country. Let’s for those who work day in and day out money for the Make-A-Wish Founda- stand up as the Senate should and as to help kids who are battling childhood tion, spoke at local and national the Senator from California has. I yield the floor and suggest the ab- diseases. That is especially true when awareness events and authored a spe- sence of a quorum. these researchers and physicians are cial writing in a children’s book about The PRESIDING OFFICER. The working with children in my home cancer. clerk will call the roll. State of Kentucky at places such as Gabriella and her family started the The assistant legislative clerk pro- the University of Louisville, the Uni- Smashing Walnuts Foundation, dedi- ceeded to call the roll. versity of Kentucky, and Kosair Chil- cated to finding a cure for childhood Mr. REID. Mr. President, I ask unan- dren’s Hospital. That is why I have brain cancer. The organization was imous consent that the order for the long been a strong supporter of pedi- named for the walnut-sized tumor in quorum call be rescinded. atric medical research. her brain. Gabriella passed away last The ACTING PRESIDENT pro tem- I cosponsored and helped shepherd year, but her dedication to raising pore. Without objection, it is so or- the Childhood Cancer Act of 2008 awareness and funding for pediatric dered. through the Senate. I also voted for the disease research is part of her legacy.

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