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, DECEMBER 9, 2014 No. 149 Senate The Senate met at 10 a.m. and was The guest Chaplain offered the fol- in our hearts through music and dance, called to order by the President pro lowing prayer: poetry and prose, arts and sciences. We tempore (Mr. LEAHY). Let us pray. thank You as day begins, and the ener- Father whose presence is so imme- f gies of Your daughters and sons are fo- diate and mysterious, whose personal PRAYER care brings this planet and the entire cused on the day’s business. Inspire The PRESIDENT pro tempore. To- universe into existence by Your cre- these here assembled with the gifts of day’s opening prayer will be offered by ative Word, may we not lose our capac- peace and justice, as Your Word in- our guest Chaplain, Rev. Claude ity for wonder, to listen and care for spires them with courage and compas- Pomerleau, with the congregation of Your creation. It is wisdom and con- sion for all. Holy Cross Priests, Portland, OR, and templation that allow us to read the Amen. also a Vermonter. signs of the times. You put these signs

NOTICE If the 113th Congress, 2nd Session, adjourns sine die on or before December 24, 2014, a final issue of the Congres- sional Record for the 113th Congress, 2nd Session, will be published on Wednesday, December 31, 2014, to permit Mem- bers to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Tuesday, December 30. The final issue will be dated Wednesday, December 31, 2014, and will be delivered on Monday, January 5, 2015. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

PLEDGE OF ALLEGIANCE lic for which it stands, one nation under God, RECOGNITION OF THE MAJORITY indivisible, with liberty and justice for all. LEADER The President pro tempore led the Pledge of Allegiance, as follows: The PRESIDENT pro tempore. The majority leader is recognized. I pledge allegiance to the Flag of the United States of America, and to the Repub-

∑ 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 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.000 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6400 CONGRESSIONAL RECORD — SENATE December 9, 2014 THE GUEST CHAPLAIN Mr. REID. Mr. President, I ask unan- feedback to the Advisory Committee under paragraph (5), the Assistant Secretary shall Mr. REID. Mr. President, we note you imous consent that the Rockefeller- Tester substitute amendment, which is notify the Committee on Commerce, open the Senate every day, but today Science, and Transportation of the Senate you had a little extra something in at the desk, be agreed to, the bill, as and the Committee on Homeland Security of your step and a gleam in your eye be- amended, be read a third time and the House of Representatives on such feed- cause of the guest Chaplain, who is passed, and there be no intervening ac- back, and provide a briefing upon request. your lovely wife Marcelle’s brother, so tion or debate. ‘‘(7) REPORT TO CONGRESS.—Prior to brief- I am glad you have had the chance to The PRESIDENT pro tempore. With- ing the Committee on Commerce, Science, and Transportation of the Senate and the have a small visit with him again. out objection, it is so ordered. The amendment (No. 3977) in the na- Committee on Homeland Security of the f ture of a substitute was agreed to, as House of Representatives under paragraph SCHEDULE follows: (6), the Assistant Secretary shall submit to such committees a report containing infor- Mr. REID. Following my remarks (Purpose: In the nature of a substitute) mation relating to the recommendations and those of the Republican leader, the Strike all after the enacting clause and in- transmitted by the Advisory Committee in Senate will be in a period of morning sert the following: accordance with paragraph (4). business until 10:30 a.m. this morning. SECTION 1. SHORT TITLE. ‘‘(c) MEMBERSHIP.— ‘‘(1) APPOINTMENT.— At 10:30 a.m., the Senate will proceed This Act may be cited as the ‘‘Aviation Se- ‘‘(A) IN GENERAL.—Not later than 180 days to two rollcall votes on the Lodge and curity Stakeholder Participation Act of 2014’’. after the date of enactment of the Aviation Walter nominations. If cloture is in- SEC. 2. AVIATION SECURITY ADVISORY COM- Security Stakeholder Participation Act of voked on either nomination, a con- MITTEE. 2014, the Assistant Secretary shall appoint firmation vote will occur at 6 p.m. this (a) IN GENERAL.—Subchapter II of chapter the members of the Advisory Committee. evening. 449 of title 49, United States Code, is amend- ‘‘(B) COMPOSITION.—The membership of the The Senate will recess from 1 p.m. to ed by adding at the end the following: Advisory Committee shall consist of individ- uals representing not more than 34 member 2 p.m. to allow for the weekly caucus ‘‘§ 44946. Aviation Security Advisory Com- organizations. Each organization shall be luncheons. mittee represented by 1 individual (or the individ- f ‘‘(a) ESTABLISHMENT.—The Assistant Sec- ual’s designee). retary shall establish within the Transpor- ‘‘(C) REPRESENTATION.—The membership of MEASURES PLACED ON THE tation Security Administration an aviation the Advisory Committee shall include rep- CALENDAR—H.R. 5759 AND H.R. 5771 security advisory committee. resentatives of air carriers, all-cargo air Mr. REID. Mr. President, I am told ‘‘(b) DUTIES.— transportation, indirect air carriers, labor ‘‘(1) IN GENERAL.—The Assistant Secretary organizations representing air carrier em- there are two bills at the desk due for shall consult the Advisory Committee, as ap- a second reading. ployees, labor organizations representing propriate, on aviation security matters, in- transportation security officers, aircraft The PRESIDENT pro tempore. The cluding on the development, refinement, and manufacturers, airport operators, airport leader is correct. implementation of policies, programs, rule- construction and maintenance contractors, The clerk will report the bills by making, and security directives pertaining labor organizations representing employees title for the second time. to aviation security, while adhering to sen- of airport construction and maintenance The legislative clerk read as follows: sitive security guidelines. contractors, general aviation, privacy orga- ‘‘(2) RECOMMENDATIONS.— A bill (H.R. 5759) to establish a rule of con- nizations, the travel industry, airport-based ‘‘(A) IN GENERAL.—The Advisory Com- struction clarifying the limitations on exec- businesses (including minority-owned small mittee shall develop, at the request of the utive authority to provide certain forms of businesses), businesses that conduct security Assistant Secretary, recommendations for immigration relief. screening operations at airports, aero- improvements to aviation security. A bill (H.R. 5771) to amend the Internal nautical repair stations, passenger advocacy ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT- Revenue Code of 1986 to extend certain expi- groups, the aviation security technology in- TEES.—Recommendations agreed upon by the dustry (including screening technology and ration provisions and make technical correc- subcommittees established under this sec- biometrics), victims of terrorist acts against tions, to amend the Internal Revenue Code of tion shall be approved by the Advisory Com- aviation, and law enforcement and security 1986 to provide for the tax treatment of mittee before transmission to the Assistant experts. ABLE accounts established under State pro- Secretary. ‘‘(2) TERM OF OFFICE.— grams for the care of family members with ‘‘(3) PERIODIC REPORTS.—The Advisory ‘‘(A) TERMS.—The term of each member of disabilities, and for other purposes. Committee shall periodically submit to the the Advisory Committee shall be 2 years. A Mr. REID. Mr. President, I object to Assistant Secretary— member of the Advisory Committee may be any further proceedings with respect to ‘‘(A) reports on matters identified by the reappointed. both of these bills. Assistant Secretary; and ‘‘(B) REMOVAL.—The Assistant Secretary The PRESIDENT pro tempore. Objec- ‘‘(B) reports on other matters identified by may review the participation of a member of tion is heard. a majority of the members of the Advisory the Advisory Committee and remove such The bills will be placed on the cal- Committee. member for cause at any time. ‘‘(4) ANNUAL REPORT.—The Advisory Com- ‘‘(3) PROHIBITION ON COMPENSATION.—The endar. mittee shall submit to the Assistant Sec- members of the Advisory Committee shall f retary an annual report providing informa- not receive pay, allowances, or benefits from AVIATION SECURITY STAKE- tion on the activities, findings, and rec- the Government by reason of their service on ommendations of the Advisory Committee, the Advisory Committee. HOLDER PARTICIPATION ACT OF including its subcommittees, for the pre- ‘‘(4) MEETINGS.— 2014 ceding year. Not later than 6 months after ‘‘(A) IN GENERAL.—The Assistant Secretary Mr. REID. Mr. President, I ask unan- the date that the Secretary receives the an- shall require the Advisory Committee to imous consent that the commerce com- nual report, the Secretary shall publish a meet at least semiannually and may convene mittee be discharged from further con- public version describing the Advisory Com- additional meetings as necessary. mittee’s activities and such related matters ‘‘(B) PUBLIC MEETINGS.—At least 1 of the sideration of H.R. 1204 and the Senate as would be informative to the public con- meetings described in subparagraph (A) shall proceed to its immediate consider- sistent with the policy of section 552(b) of be open to the public. ation. title 5. ‘‘(C) ATTENDANCE.—The Advisory Com- The PRESIDENT pro tempore. With- ‘‘(5) FEEDBACK.—Not later than 90 days mittee shall maintain a record of the persons out objection, it is so ordered. after receiving recommendations trans- present at each meeting. The clerk will report the bill by title. mitted by the Advisory Committee under ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY The legislative clerk read as follows: paragraph (4), the Assistant Secretary shall INFORMATION.—Not later than 60 days after respond in writing to the Advisory Com- the date of a member’s appointment, the As- A bill (H.R. 1204) to amend title 49, United mittee with feedback on each of the rec- sistant Secretary shall determine if there is States Code, to direct the Assistant Sec- ommendations, an action plan to implement cause for the member to be restricted from retary of Homeland Security (Transpor- any of the recommendations with which the possessing sensitive security information. tation Security Administration) to establish Assistant Secretary concurs, and a justifica- Without such cause, and upon the member an Aviation Security Advisory Committee, tion for why any of the recommendations voluntarily signing a non-disclosure agree- and for other purposes. have been rejected. ment, the member may be granted access to There being no objection, the Senate ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not sensitive security information that is rel- proceeded to consider the bill. later than 30 days after providing written evant to the member’s advisory duties. The

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.001 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6401 member shall protect the sensitive security an airport, access gates, and access con- kota. He fought for South Dakota jobs information in accordance with part 1520 of trols.’’. when he fought to keep Ellsworth Air title 49, Code of Federal Regulations. (b) CLERICAL AMENDMENT.—The analysis Force Base open and running. It was ‘‘(6) CHAIRPERSON.—A stakeholder rep- for subchapter II of chapter 449 of title 49, based near Rapid City, and he saved it resentative on the Advisory Committee who United States Code, is amended by adding at is elected by the appointed membership of the end the following new item: from closing. He worked to this end, saving thousands of jobs, preserving a the Advisory Committee shall chair the Ad- ‘‘44946. Aviation Security Advisory Com- visory Committee. mittee.’’. thriving economy based on that Ells- ‘‘(d) SUBCOMMITTEES.— The amendment was ordered to be worth Air Force Base. ‘‘(1) MEMBERSHIP.—The Advisory Com- engrossed, and the bill to be read a During his tenure in the House and mittee chairperson, in coordination with the third time. Senate he fought for water, which is so Assistant Secretary, may establish within important. People from so many other the Advisory Committee any subcommittee The bill was read the third time. The bill (H.R. 1204), as amended, was States don’t realize how important that the Assistant Secretary and Advisory water is to States such as South Da- Committee determine to be necessary. The passed. kota and many Western States. Water Assistant Secretary and the Advisory Com- f mittee shall create subcommittees to ad- is something you always have to keep dress aviation security issues, including the TRANSPORTATION SECURITY your eye on. He secured funding for the following: ACQUISITION REFORM ACT Mni Wiconi Rural Water Project and ‘‘(A) AIR CARGO SECURITY.—The implemen- the Lewis and Clark Rural Water Sys- Mr. REID. I ask unanimous consent tation of the air cargo security programs es- tem. Combined, those two projects pro- that the Committee on Commerce, tablished by the Transportation Security vided clean drinking water to some Science, and Transportation be dis- Administration to screen air cargo on pas- 400,000 people. That is half the popu- senger aircraft and all-cargo aircraft in ac- charged from further consideration of lation of the State of South Dakota. cordance with established cargo screening H.R. 2719 and the Senate proceed to its mandates. Without question though, TIM’s big- immediate consideration. gest fight took place in 2006. I can still ‘‘(B) GENERAL AVIATION.—General aviation The PRESIDENT pro tempore. With- facilities, general aviation aircraft, and heli- remember that so clearly. I got a call copter operations at general aviation and out objection, it is so ordered. from his chief of staff saying: You need The clerk will report the bill by title. commercial service airports. to go to the hospital. TIM has been ‘‘(C) PERIMETER AND ACCESS CONTROL.—Rec- The legislative clerk read as follows: taken by ambulance to George Wash- ommendations on airport perimeter secu- A bill (H.R. 2719) to require the Transpor- ington. So I went there because TIM rity, exit lane security and technology at tation Security Administration to imple- had suffered a very bad bleed on the commercial service airports, and access con- ment best practices and improve trans- trol issues. parency with regard to technology acquisi- brain. He was born with this situa- ‘‘(D) SECURITY TECHNOLOGY.—Security tion programs, and for other purposes. tion—no one knew of course—but it suddenly hit him. Lots of people have technology standards and requirements, in- There being no objection, the Senate cluding their harmonization internationally, this condition, but most people don’t proceeded to consider the bill. technology to screen passengers, passenger have a bleed on their brain, but TIM Mr. REID. I ask unanimous consent baggage, carry-on baggage, and cargo, and did. I was there in the hospital with that the Ayotte amendment, which is a biometric technology. him. Barbara was there, his daughter substitute amendment, be agreed to, ‘‘(2) RISK-BASED SECURITY.—All subcommit- Kelsey, and his two boys, Brendan and tees established by the Advisory Committee the bill, as amended, be read a third Brooks, came in as soon as they could. chairperson in coordination with the Assist- time and passed, and the motion to re- One was serving in the military after ant Secretary shall consider risk-based secu- consider be considered made and laid having seen combat duty as a member rity approaches in the performance of their upon the table. functions that weigh the optimum balance of of the U.S. Army. The other boy is a The PRESIDENT pro tempore. With- costs and benefits in transportation security, lawyer and is now a U.S. attorney in out objection, it is so ordered. including for passenger screening, baggage South Dakota. screening, air cargo security policies, and The amendment (No. 3978) in the na- It was a very difficult time for his general aviation security matters. ture of a substitute was agreed to. family and a difficult time for him es- ‘‘(3) MEETINGS AND REPORTING.—Each sub- (The amendment is printed in today’s pecially. He was in surgery on more committee shall meet at least quarterly and RECORD under ‘‘Text of Amendments.’’) submit to the Advisory Committee for inclu- than one occasion. His life was threat- The amendment was ordered to be ened. Many people don’t survive this sion in the annual report required under sub- engrossed, and the bill to be read a section (b)(4) information, including rec- difficult situation he was hit with. But ommendations, regarding issues within the third time. he is a huge man. I, frankly, never real- subcommittee. The bill was read the third time. ized how physically big and strong he ‘‘(4) SUBCOMMITTEE CHAIRS.—Each sub- The bill (H.R. 2719), as amended, was was until I saw him lying there in the passed. committee shall be co-chaired by a Govern- hospital. But TIM met these physical ment official and an industry official. f challenges, and they were very dif- ‘‘(e) SUBJECT MATTER EXPERTS.—Each sub- committee under this section shall include TRIBUTES TO DEPARTING ficult. Ten months later he was back subject matter experts with relevant exper- SENATORS working in the Senate. He was here on tise who are appointed by the respective sub- the floor. committee chairpersons. TIM JOHNSON After this incident, his physical body ‘‘(f) NONAPPLICABILITY OF FACA.—The Fed- Mr. REID. Mr. President, if the words would never be the same, but his men- eral Advisory Committee Act (5 U.S.C. App.) Hemingway said so clearly—‘‘man is tal capacity is better than ever. With shall not apply to the Advisory Committee not made for defeat’’—applied to any- the support of his wife Barbara, since and its subcommittees. one in the world, they certainly apply 1969, and their three children, whose ‘‘(g) DEFINITIONS.—In this section: to TIM JOHNSON. He is a testament to names I have already mentioned, he ‘‘(1) ADVISORY COMMITTEE.—The term ‘Ad- this sentiment because he never ever made this remarkable recovery. It was visory Committee’ means the aviation secu- acknowledged defeat. He refuses to be rity advisory committee established under all very difficult. He had to learn to subsection (a). defeated. talk again, he had to learn to walk ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- TIM never lost an election. He served again, and much of his life now is phys- sistant Secretary’ means the Assistant Sec- in the House of Representatives from ically different than it was before. He retary of Homeland Security (Transpor- 1987 to 1997—for 10 years. He served in is now, a lot of times, in a wheelchair, tation Security Administration). the State legislature. They weren’t all but he has never asked for any sym- ‘‘(3) PERIMETER SECURITY.— easy votes and weren’t all easy elec- pathy. He has pushed forward as he al- ‘‘(A) IN GENERAL.—The term ‘perimeter se- tions. He won his election in 2002 by 524 ways has his whole life. curity’ means procedures or systems to mon- votes. Hundreds of thousands of votes Regardless of these changes to his itor, secure, and prevent unauthorized access to an airport, including its airfield and ter- were cast, but he won by 524 votes. body, his honorable, indomitable spirit minal. Senator TIM JOHNSON refused to suc- is the same. One newspaper recently ‘‘(B) INCLUSIONS.—The term ‘perimeter se- cumb to defeat because he knew he was said, in speaking of TIM’s return to the curity’ includes the fence area surrounding fighting for the people of South Da- Senate:

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.001 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6402 CONGRESSIONAL RECORD — SENATE December 9, 2014 Loss of integrity is a greater handicap to I have such admiration for naval pi- it was good for the country. It was any politician and, once lost, cannot be re- lots, for all pilots, really, but thinking good for our constituents. With the gained with confidence. Johnson’s integrity of landing on an aircraft carrier out in extra money NIH got, they have en- has never been in question. the middle of the ocean, that postage gaged in a landmark effort to cure can- TIM JOHNSON has his integrity. He stamp size you have to try to find and cer, heart disease, and a myriad of has his unbreakable determination to land out there is something Navy pi- other diseases. fight for the people of South Dakota lots do, and TOM HARKIN did this. We have a long way to go. Funding and just fight to do the things he needs In 1974 he was elected to represent hasn’t been adequate the last 6 years. to do. Iowa’s Fifth Congressional District, a The only boost we got in NIH funding TIM is retiring after 18 years in the seat he held for 10 years. When he came was in the stimulus, the first few Senate and 10 years in the House. To to the Senate in 1984, TOM, similar to months of the Obama administration say he will be missed by the people of President Lincoln before him, encoun- where we got additional money. That South Dakota is a gross understate- tered many thistles. was done as a result of the work by ment. He worked here with my prede- He was especially motivated to help TOM HARKIN and Arlen Specter, and cessor, the Democratic leader Tom millions of Americans with disabilities, that money now is not there. We need Daschle, and they got so many good as I have already said. Here is what to do more for the National Institutes things done for the State of South Da- TOM HARKIN said once: of Health. kota. Senator Daschle is missed as TIM TOM HARKIN has been tireless. He I heard stories from individuals who had to will be missed, but their friendship is crawl on their hands and knees to go up a worked to triple the funding for the something I have long admired. flight of stairs, who couldn’t ride a bus be- Centers for Disease Control. In fact, in To show the type of person he is, the cause there wasn’t a lift or couldn’t cross a ObamaCare he is the one who was re- person he beat by 524 votes came back street in a wheelchair because there were no sponsible for the prevention title in the next election and endorsed him—a curb cuts. Millions of Americans were denied that bill. Republican and long-time Member of access to their own communities and to the He has spent his career coming to the the House and Senate, Larry Pressler. American dream. defense of the defenseless. A longtime He endorsed TIM JOHNSON in his reelec- TOM did a lot to make sure people did defender of human rights, TOM has tion. That is the kind of integrity TIM have the ability to dream. What did he worked to fight child labor, both do- JOHNSON has. People admire him very do? He encountered the injustice faced mestically and abroad. His tireless ef- much. by millions of disabled Americans and forts gave him the U.S. Labor Depart- TIM JOHNSON leaves the Senate as he responded by authoring the Americans ment’s Award for the Elimination of entered it, undefeated. I will miss him with Disabilities Act. Child Labor. very much. My wife will miss Barbara. People don’t realize now what those I have spent much of my Senate life They are members of a book club, and disabled people had to go through. on the Senate floor. I can remember I have seen their exchange of emails There was a big dispute here in the when I would look and see one of his back and forth as to what books they Senate and in the House as to whether staff come to the floor, and I thought: should read, what they thought of the Members of Congress should vote for Oh, no. I knew we were in for some book, and where they are going to this. It created a lot of issues for busi- trouble. His name was Richard Bender. meet. So the Reids will miss the John- nesses. A former Member of the House I really have such admiration for Sen- sons. South Dakota will miss the John- of Representatives, James Bilbray of ator HARKIN’s staff, but it was epito- sons. But TIM will still proceed forward Nevada, was getting a lot of pressure mized when Richard Bender walked in and be a great blessing to the State of not to vote for this, but he voted for this door because I knew HARKIN was South Dakota, as he has always been, this, and here is why he voted for it: going to do something we had not and to his family. Just like TOM HARKIN saw this long planned. Sometimes it took a lot TOM HARKIN before many of us did, James Bilbray longer to get things done because of Mr. President, Abraham Lincoln once had a friend whose daughter was con- Bender and HARKIN, but in the end it said: fined to a wheelchair. This man wanted was always better for our country. So after a lifetime of service, TOM I want it said of me by those who knew me to visit Congressman Bilbray and his best, that I always plucked a thistle and family here in Washington, DC. What will finally be able to spend his post- planted a flower where I thought a flower an ordeal it was. They couldn’t find a Senate time in another direction, still would grow. place with a hotel room. They had involved in a form of public service. I Today I stand for just a few minutes trouble getting airline reservations. It have such great admiration for Ruth, to honor a man by the name of TOM was extremely difficult. So Jimmy whom I know extremely well. I don’t HARKIN. Throughout his time in the Bilbray said: That is enough for me. I know Amy and Jenny, his daughters, Senate he has planted many flowers— am voting for this. but I do know they are going to be able so many we can’t count them all. TOM This landmark legislation that was to spend a little more time with their HARKIN’s legacy of fighting for all pushed and pushed by TOM HARKIN has dad and her husband. Americans, particularly those who are helped to move areas of employment, On a side note, TOM HARKIN is one of disadvantaged, will never be forgotten. public services, transportation, and the few Senators who has been to my In fact, no one in the history of this in- telecommunications for people with home in Searchlight. I was there one day, and I got a call. He said: ‘‘Are you stitution has done more for people who disabilities. TOM HARKIN’s work to pro- have a physical disadvantage, an emo- tect the disadvantaged hasn’t been just going to be home?’’ reactive, it has been preventative. ‘‘Yes.’’ tional disadvantage, a mental dis- ‘‘Do you mind if we drop by?’’ advantage, and disadvantages gen- TOM has lost four siblings to cancer. ‘‘No, I don’t mind if you drop by.’’ erally, than TOM HARKIN. In response to that heartbreak, what So within an hour he was at my home TOM’s life wasn’t easy. His father was has he done? Senator HARKIN fought to in Searchlight. a miner. His mother, a Slovenian im- double the funding for groundbreaking So as TOM HARKIN closes a chapter of migrant, died when TOM was 10 years medical research at the National Insti- service to the American people, I sa- old. He and his family pushed forward, tutes of Health. He had a partner in lute TOM HARKIN on a job very well living in a house without hot water or this for many years, Arlen Specter done. He has become the longest-serv- a furnace. from Pennsylvania. They worked on ing Democratic Senator in Iowa’s his- Not one to use his difficult upbring- that subcommittee, Labor-HHS, and tory, and he will be greatly missed. ing as an excuse, TOM HARKIN pushed Appropriations. Some will remember f himself very hard. He attended Iowa that this was an unbelievable thing he State University. He came there on a did to force us to spend more money on RECOGNITION OF THE MINORITY Navy ROTC scholarship. Upon gradua- medical research. But in hindsight, LEADER tion, he enlisted in the Navy and be- what a blessing this was for America The PRESIDING OFFICER (Mr. came an Active-Duty pilot—a naval and for Members of the Senate who BOOKER). The Republican leader is rec- pilot. voted for this. It was good for us, and ognized.

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.004 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6403 HONORING OUR ARMED FORCES After two semesters, he told me he was recognize the responsibility we have as thinking of joining the Army. I asked him to PRIVATE FIRST CLASS BRANDON T. PICKERING a nation to honor and always remem- give school another semester and if he still ber the sacrifices of brave heroes like Mr. MCCONNELL. Mr. President, I felt the same, I would support his decision. her son, PFC Brandon T. Pickering. We rise to pay tribute to a fallen soldier The third semester came and went, and from Kentucky who was lost in battle. Brandon was firm on his decision. are in awe of his life of service, and we are humbled by his final sacrifice. PFC Brandon T. Pickering of Fort He enlisted and in September 2009 he From Germany to Afghanistan to Fort Thomas, KY, died on April 10, 2011, in left for basic training at Fort Benning, Thomas, we can see the lives he Germany from wounds sustained on GA. After basic training he was sta- touched and the people he left better April 8 in Wardak Province, Afghani- tioned at Fort Polk, LA. off for having known him. stan, when enemy combatants at- Tammy said: tacked his unit with small arms fire There was a small town outside of Fort f and a rocket-propelled grenade. He was Polk named Pickering; Brandon thought RESERVATION OF LEADER TIME 21 years old. that was neat and so did I. For his service in uniform, Private Brandon was an only child, but when he The PRESIDING OFFICER. Under First Class Pickering received several got to Fort Polk he found brothers. the previous order, the leadership time awards, medals, and decorations, in- Assigned to Fort Polk in April of is reserved. cluding the Bronze Star Medal, the 2010, Brandon was assigned to the 1st f Purple Heart Medal, the National De- Platoon, Company C, 2nd Battalion, fense Service Medal, the Afghanistan 4th Infantry Regiment, 4th Infantry MORNING BUSINESS Campaign Medal, the Global War on Brigade Combat Team, 10th Mountain The PRESIDING OFFICER. Under Terrorism Service Medal, the Army Division. He was soon deployed to Af- the previous order, the Senate will be Service Ribbon, the Overseas Service ghanistan for Operation Enduring in a period of morning business, for de- Ribbon, the Army Good Conduct Freedom in October of 2010. Part of a bate only, until 10:30 a.m., with the Medal, the NATO Medal, and the Com- two-man machinegun team, Brandon time equally divided in the usual form. bat Infantryman Badge. was 6 months into his first combat tour The Senator from Vermont. Says Tammy Moore, Brandon’s when he was fatally wounded. Mr. LEAHY. Mr. President, I am mother: Brandon was flown to Landstuhl Re- looking at the clock, and I ask unani- To know Brandon was to know love and gional Medical Center in Germany be- mous consent that the Senate be able laughter. fore he died. Because of this, his family to continue in morning business for up When Brandon was boarding the plane to was able to be with him before he to 5 minutes. go back to Afghanistan, he turned and passed away. The PRESIDING OFFICER. Without looked at me and I thought, ‘‘My God, my Brandon made one final gift by vol- objection, it is so ordered. son’s a man.’’ It was the first time I looked unteering to be an organ donor. His at him and didn’t see him as my little boy. f final sacrifice was an offering of life for Brandon grew up in Fort Thomas, in four Germans, including a 6-year-old WELCOMING THE GUEST northern Kentucky and attended girl. CHAPLAIN Woodfill Elementary, Highlands Middle Tammy said: School, and Highlands High School. As Mr. LEAHY. Mr. President, the CON- Even in his death, Brandon saved the lives GRESSIONAL RECORD will show the in- a kid growing up he loved to fish and of four people. played baseball and football. Brandon troduction of and prayer by our vis- I often wondered how I could have raised iting Chaplain today, Father Claude also practiced tae kwon do as a kid, such a wonderful human being and then I and he earned his black belt by age 10. think, only by the grace of God. Pomerleau of Portland, OR, a member of the Holy Cross priests. That is as Brandon’s high school classmates and The Fort Thomas, KY, road where much of a thumbnail as saying any one teachers remember him as an unassum- Brandon grew up was fittingly renamed of us is a U.S. Senator, period. There is ing student with a big heart, a good in his honor as a permanent reminder a lot more to it. sense of humor, and a dedication to of his life and his deeds. The portion of Claude Pomerleau has been nearly 50 helping others. River Road in Fort Thomas that runs years a priest. I know because he is my Says Highlands High School principal from State Route 8 along the Ohio brother-in-law, and my wife Marcelle Brian Roberts: River to South Fort Thomas Avenue and I, as well as his wonderful parents, As a school, we join the Fort Thomas com- next to the Cincinnati VA Medical Cen- Phil and Cecile Pomerleau, joined him munity and the family in mourning his loss. ter is now named the Private First in Rome nearly 50 years ago when he Says former high school classmate Class Brandon T. Pickering Memorial was ordained a priest. My family—my Stephanie Orleck: Highway. parents, my brothers and sisters, and We are thinking of Brandon’s family Even on bad days, I was always able to also our children—has always had such turn to Brandon to bring out a smile on my as I recount his story for my Senate a wonderful relationship with Father face. colleagues, including his mother Pomerleau. It is great now to see the Tammy Moore, his father David Pick- Brandon also had a mischievous side. young grandchildren come in and give ering, his grandfather Thomas Pick- His mother recalls: him a hug and say: Hi, Uncle Claude. ering, and many other beloved family Brandon loved a good prank. In high school I also look at his distinguished ca- members and friends. he decided it would be funny to place a reer. He is not just a brother and broth- mouse trap in another student’s locker. Brandon was laid to rest with full er-in-law, an uncle and friend, he is a When the principal called him, he admitted military honors at the Alexandria man who has taught, speaks many lan- it right away. Cemetery in Alexandria, KY. His tomb- guages, and who has a Ph.D. from the That was the worst trouble Brandon stone bears the words, ‘‘Live a life wor- University of Denver. He teaches now ever gave his parents. thy of my sacrifice.’’ at the University of Portland even in As a teenager, Brandon also enjoyed Tammy had some final thoughts on semiretirement and also in Santiago, the freedom that came with his driver’s the words that mark her son’s grave. license. where he is a well-respected visiting People should think about that—not just professor, and where I am told his While teaching Brandon how to drive, he for my son, but for all the sons and daugh- told me, ‘‘Mom, I know you don’t want to ters, and the ones in the past. Spanish is like that of a native. hear this, but this is the happiest I’ve ever What people have sacrificed to keep this He was born in Vermont. His parents been.’’ country free—freedom isn’t free, and it’s not are French Canadians, two people who I told him, ‘‘Brandon, I know you don’t cheap. It comes at a high cost, and we all strongly practiced their religion, be- want to hear this, but this is the most scared have a responsibility to each other and to lieved in it, and brought up their chil- I’ve ever been!’’ this nation. dren speaking French at home. They After graduating high school in 2008, I couldn’t agree more with Tammy instilled in him the values that really Brandon attended Cincinnati State. Moore’s thoughts, and I want her to make our country great and make a Tammy recalls: know that this Senate certainly does human being even greater.

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.007 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6404 CONGRESSIONAL RECORD — SENATE December 9, 2014 He has been a mentor. He has been a The PRESIDING OFFICER. Are there of Ronald Anderson Walter, of Tennessee, to moral anchor for our family for dec- any other Senators in the Chamber de- be a Member of the Board of Directors of the ades. I think of him being on the altar siring to vote? Tennessee Valley Authority. as a young altar boy at the time The yeas and nays resulted—yeas 63, Harry Reid, Patrick J. Leahy, Patty Murray, Tom Udall, Brian Schatz, Marcelle and I were married 52 years nays 32, as follows: Charles E. Schumer, Barbara Boxer, ago, and he has been part of our lives [Rollcall Vote No. 318 Ex.] Benjamin L. Cardin, Richard and our marriage ever since. He is the YEAS—63 Blumenthal, Jeff Merkley, Al Franken, man we turn to when we want guid- Alexander Flake Murkowski Robert P. Casey, Jr., Martin Heinrich, ance. He is a man both of us love great- Ayotte Franken Murphy Elizabeth Warren, Richard J. Durbin, ly. And I would like to say, as the long- Baldwin Gillibrand Murray Christopher Murphy, Bernard Sanders. Begich Graham Nelson est serving Member of the Senate, what The PRESIDING OFFICER. By unan- an honor it was to have him open with Bennet Hagan Pryor Blumenthal Harkin Reed imous consent, the mandatory quorum the prayer. Booker Heinrich Reid call has been waived. Mr. President, I thank my colleagues Boxer Heitkamp Sanders for allowing this. Brown Hirono Schatz The question is, Is it the sense of the I yield the floor. Cantwell Johnson (SD) Sessions Senate that debate on the nomination Cardin Kaine Shaheen f Carper King Shelby of Ronald Anderson Walter, of Ten- Casey Klobuchar Stabenow nessee, to be a Member of the Board of CONCLUSION OF MORNING Coats Leahy Tester Directors of the Tennessee Valley Au- BUSINESS Collins Levin Udall (NM) thority, shall be brought to a close? The PRESIDING OFFICER. Morning Coons Manchin Vitter Corker Markey Walsh The yeas and nays are mandatory business is closed. Cornyn McCaskill Warner under the rule. f Donnelly Menendez Warren Durbin Merkley Whitehouse The clerk will call the roll. EXECUTIVE SESSION Feinstein Mikulski Wyden The assistant bill clerk called the NAYS—32 roll. CLOTURE MOTION Barrasso Hatch Moran Mr. DURBIN. I announce that the Blunt Heller Paul The PRESIDING OFFICER. Under Boozman Hoeven Portman Senator from Louisiana (Ms. LAN- the previous order, there will be 2 min- Burr Inhofe Risch DRIEU) and the Senator from Colorado Chambliss Isakson Roberts (Mr. UDALL) are necessarily absent. utes of debate prior to a vote on the Coburn Johanns motion to invoke cloture on the Lodge Rubio Cochran Johnson (WI) Scott Mr. CORNYN. The following Senators nomination. Crapo Kirk Thune are necessarily absent: the Senator Enzi Lee Mr. LEAHY. Mr. President, I ask Toomey from Georgia (Mr. CHAMBLISS) and the Fischer McCain Wicker unanimous consent all time be yielded Grassley McConnell Senator from Texas (Mr. CRUZ). back. The PRESIDING OFFICER. Without NOT VOTING—5 The PRESIDING OFFICER (Mr. KING). Are there any other Senators in objection, all time is yielded back. Cruz Rockefeller Udall (CO) Pursuant to rule XXII, the Chair lays Landrieu Schumer the Chamber desiring to vote? before the Senate the pending cloture The PRESIDING OFFICER. On this The yeas and nays resulted—yeas 65, motion, which the clerk will state. vote, the yeas are 63, the nays are 32. nays 31, as follows: The legislative clerk read as follows: The motion is agreed to. [Rollcall Vote No. 319 Ex.] CLOTURE MOTION f We, the undersigned Senators, in accord- YEAS—65 ance with the provisions of rule XXII of the NOMINATION OF VIRGINIA TYLER Alexander Franken Murray Standing Rules of the Senate, hereby move LODGE TO BE A MEMBER OF Ayotte Gillibrand Nelson to bring to a close debate on the nomination THE BOARD OF DIRECTORS OF Baldwin Graham Pryor of Virginia Tyler Lodge, of Tennessee, to be Begich Hagan Reed THE TENNESSEE VALLEY AU- Bennet Harkin a Member of the Board of Directors of the Reid THORITY Blumenthal Heinrich Rockefeller Tennessee Valley Authority. Booker Heitkamp Harry Reid, Patrick J. Leahy, Patty The PRESIDING OFFICER. The Sanders Boxer Hirono Schatz Brown Johnson (SD) Murray, Tom Udall, Brian Schatz, clerk will report the nomination. Schumer Cantwell Kaine Charles E. Schumer, Barbara Boxer, The legislative clerk read the nomi- Sessions Cardin King Benjamin L. Cardin, Richard nation of Virginia Tyler Lodge, of Ten- Shaheen Blumenthal, Jeff Merkley, Al Franken, Carper Klobuchar nessee, to be a Member of the Board of Casey Leahy Shelby Robert P. Casey, Jr., Martin Heinrich, Directors of the Tennessee Valley Au- Coats Levin Stabenow Elizabeth Warren, Richard J. Durbin, Tester thority. Collins Manchin Christopher Murphy, Bernard Sanders. Coons Markey Udall (NM) The PRESIDING OFFICER. By unan- f Corker McCaskill Vitter Cornyn Menendez Walsh imous consent, the mandatory quorum CLOTURE MOTION Donnelly Merkley Warner call has been waived. Durbin Mikulski Warren The question is, Is it the sense of the The PRESIDING OFFICER. Under Feinstein Murkowski Whitehouse Senate that debate on the nomination the previous order, there will be 2 min- Flake Murphy Wyden utes of debate prior to a vote on the of Virginia Tyler Lodge, of Tennessee, NAYS—31 to be a Member of the Board of Direc- motion to invoke cloture on the Walter Barrasso Heller Paul tors of the Tennessee Valley Author- nomination. Who yields time? Blunt Hoeven Portman ity, shall be brought to a close? Boozman Inhofe Risch The yeas and nays are mandatory Mr. LEAHY. I ask unanimous con- Burr Isakson Roberts under the rule. sent all time be yielded back. Coburn Johanns Rubio The PRESIDING OFFICER. Without Cochran Johnson (WI) Scott The clerk will call the roll. Crapo Kirk The legislative clerk called the roll. objection, all time is yielded back. Thune Enzi Lee Toomey Fischer McCain Mr. DURBIN. I announce that the Pursuant to rule XXII, the Chair lays Wicker Senator from Louisiana (Ms. LAN- before the Senate the pending cloture Grassley McConnell Hatch Moran DRIEU), the Senator from West Virginia motion, which the clerk will state. (Mr. ROCKEFELLER), the Senator from The assistant bill clerk read as fol- NOT VOTING—4 Colorado (Mr. UDALL), and the Senator lows: Chambliss Landrieu from New York (Mr. SCHUMER) are nec- CLOTURE MOTION Cruz Udall (CO) essarily absent. We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this Mr. CORNYN. The following Senator ance with the provisions of rule XXII of the is necessarily absent: the Senator from Standing Rules of the Senate, hereby move vote, the yeas are 65, the nays are 31. Texas (Mr. CRUZ). to bring to a close debate on the nomination The motion is agreed to.

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.009 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6405 NOMINATION OF RONALD ANDER- on Intelligence, along with the House summary, which is going out today, is SON WALTER TO BE A MEMBER Committee on Intelligence, is the only backed by a 6,700-page classified and OF THE BOARD OF DIRECTORS group of people who provide oversight unredacted report with 38,000 footnotes OF THE TENNESSEE VALLEY AU- over our intelligence community. They which can be released, if necessary, at THORITY actually have the ability to investigate a later time. The PRESIDING OFFICER. The what happened. No one else. Not the The report released today examines clerk will report the nomination. press, not Senators, nor the public, or the CIA’s secret overseas detention of The assistant bill clerk reported the outside organizations have the ability at least 119 individuals and the use of nomination of Ronald Anderson Wal- to investigate the CIA. But we did it. coercive interrogation techniques, in ter, of Tennessee, to be a Member of The implications of this report are pro- some cases amounting to torture. the Board of Directors of the Tennessee found. Not only is torture wrong, but it Over the past couple of weeks, I have Valley Authority. does not work. For people today, we gone through a great deal of introspec- hear them coming from different places tion about whether to delay the release f saying, It was great. It was terrific of this report to a later time. This MORNING BUSINESS what we did. It has got us so much. clearly is a period of turmoil and insta- It has got us nothing, except a bad The PRESIDING OFFICER. Under bility in many parts of the world. Un- name. Without this report, the Amer- the previous order, the Senate will be fortunately, that is going to continue ican people would not know what actu- in a period of morning business for de- for the foreseeable future whether or ally took place under the CIA’s torture bate only until 6 p.m., with the time not this report is released. program. This critical report high- equally divided in the usual form. There are those who will seize upon lights the importance of Senate over- The majority leader. the report and say ‘‘See what the sight and the role Congress must play Mr. REID. Mr. President, what is the Americans did,’’ and they will try to in overseeing the executive branch of matter before the Senate? use it to justify evil actions or incite government. The only way our country The PRESIDING OFFICER. The Sen- more violence. We can’t prevent that, can put this episode in the past is to ate is currently in a period of morning but history will judge us by our com- come to terms with what happened and business for debate only. mitment to a just society governed by commit to ensuring it will never hap- The majority leader. law and the willingness to face an ugly pen again. This is how we as Americans truth and say ‘‘never again.’’ f make our Nation stronger. When we re- There may never be the right time to CIA OVERSIGHT REPORT alize there is a problem, we seek the release this report. The instability we evidence; we study it; we learn from it. see today will not be resolved in Mr. REID. Mr. President, today for Then we set about to enact change. the first time the American people are months or years. But this report is too Americans must learn from our mis- important to shelve indefinitely. going to learn the full truth about tor- takes. We learned about the Pentagon ture that took place under the CIA dur- My determination to release it has papers. They were helpful to us as a also increased due to a campaign of ing the Bush administration. I have country. The Iran contra affair. I was served for 22 years with the chairman mistaken statements and press articles here when it went on. It was hard on launched against the report before any- of the Intelligence Committee, DIANNE us, but it was important that we did one has had the chance to read it. As a FEINSTEIN. She is dignified. She is very this. More recently, what happened in thorough in whatever she does. She is matter of fact, the report is just now, that prison in Iraq, Abu-Ghraib. as I speak, being released. This is what intelligent and she cares a great deal. We have three separate branches of She has proven herself to be the one of it looks like. government, the judicial, the execu- Senator CHAMBLISS asked me if we the most thoughtful and hard-working tive, and the legislative branches of Members of this body. The people of could have the minority report bound government. To me, this work done by with the majority report. For this California are, as well they should be, the Intelligence Committee, of which very proud of this good woman. draft that is not possible. In the filed the Presiding Officer is a member, cries draft it will be bound together. But I am appreciative of the work the out for our Constitution, three sepa- Senate Intelligence Committee has this is what the summary of the 6,000 rate, equal branches of government. pages looks like. done under her direction. We are here We are here today to talk about the today because of her efforts. She has My words give me no pleasure. I am work done by the legislative branch of releasing this report because I know persevered, overcome obstacles that government. We can protect our na- have been significant, to make this there are thousands of employees at tional security as a country without the CIA who do not condone what I will study available to the American peo- resorting to methods like torture. ple. speak about this morning and who They are contrary to the fundamental work day and night, long hours, within I am gratified for the work done by values of America. So I call upon the Democrats on the Intelligence Com- the law, for America’s security in what administration, the Intelligence Com- is certainly a difficult world. My col- mittee. We are here today, again I re- mittee, and my colleagues in Congress peat, because of their efforts. We do leagues on the Intelligence Committee to join me in that commitment, that and I are proud of them, just as every- not often mention, as certainly we what took place, the torture program, should, the work of our staffs. I want one in this Chamber is, and we will al- is not in keeping with our country. ways support them. to throw a big bouquet to the intel- The PRESIDING OFFICER. The Sen- ligence staff. They have worked so In reviewing the study in the past ator from California. few days, with the decision looming hard. Under the direction of Senator f FEINSTEIN, they have worked for 7 over the public release, I was struck by years—7 years—working on this vitally SENATE SELECT COMMITTEE ON a quote found on page 126 of the execu- important matter. It is a report that INTELLIGENCE STUDY OF THE tive summary. It cites a former CIA in- was not easy, but they did it. CIA’S DETENTION AND INTERRO- spector general, John Helgerson, who Here is what they did: Committee GATION PROGRAM in 2005 wrote the following to the then- members and staff combed through Mrs. FEINSTEIN. Mr. President, I Director of the CIA, which clearly more than 6 million pages—6 million want to thank the leader for his words states the situation with respect to pages—of documents to formulate the and for his support. They are extraor- this report years later as well: report. The full committee report is dinarily welcome and appreciated. We have found that the Agency over the 6,700 pages long—7 years, I repeat, in Today, a 500-page executive summary decades has continued to get itself in messes the making. of the Senate Intelligence Committee’s related to interrogation programs for one overriding reason: we do not document and 1 The unclassified executive summary, 5 ⁄2 year review of the CIA’s detention learn from our experience—each generation which is going to be released today, is and interrogation program, which was of officers is left to improvise anew, with more than 500 pages. I want everyone conducted between 2002 and 2009, is problematic results for our officers as indi- to understand, the Select Committee being released publicly. The executive viduals and for our Agency.

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.014 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6406 CONGRESSIONAL RECORD — SENATE December 9, 2014 I believe that to be true. I agree with Even if one were to set aside all of The Department of Justice refused to Mr. Helgerson. His comments are true the moral arguments, our review was a coordinate its investigation with the today. But this must change. meticulous and detailed examination Intelligence Committee’s review. As a On March 11, 2009, the committee of records. It finds that coercive inter- result, possible interviewees could be voted 14 to 1 to begin a review of the rogation techniques did not produce subject to additional liability if they CIA’s detention and interrogation pro- the vital, otherwise unavailable intel- were interviewed, and the CIA, citing gram. Over the past 5 years a small ligence the CIA has claimed. the Attorney General’s investigation, team of committee investigators pored I will go into further detail on this would not instruct its employees to over the more than 6.3 million pages of issue in a moment, but let me make participate in interviews. CIA records the leader spoke about to clear that these comments are not a Notwithstanding, I am very confident complete this report or what we call condemnation of the CIA as a whole. of the factual accuracy and comprehen- the study. It shows that the CIA’s ac- The CIA plays an incredibly important sive nature of this report for three rea- tions a decade ago are a stain on our part in our Nation’s security and has sons: values and on our history. The release thousands of dedicated and talented No. 1, it is 6.3 million pages of docu- of this 500-page summary cannot re- employees. ments reviewed, and they reveal move that stain, but it can and does What we have found is that a surpris- records of actions as those actions took say to our people and the world that ingly few people were responsible for place, not through recollections more America is big enough to admit when it designing, carrying out, and managing than a decade later. is wrong and confident enough to learn this program. Two contractors devel- No. 2, the CIA and CIA senior officers from its mistakes. Releasing this re- oped and led the interrogations. There have taken the opportunity to explain port is an important step to restore our was little effective oversight. Analysts, their views on CIA detention and inter- values and show the world that we are, on occasion, gave operational orders rogation operations. They have done in fact, a just and lawful society. about interrogations, and CIA manage- this in on-the-record statements in Over the next hour I wish to lay out ment of the program was weak and dif- classified committee hearings, written for Senators and the American public fused. testimony and answers to questions, the report’s key findings and conclu- Our final report was approved by a and through the formal response to the sions. I ask that when I complete this, bipartisan vote of 9 to 6 in December of committee in June 2013 after reading Senator MCCAIN be recognized. Before I 2012 and exposes brutality in stark con- this study. get to the substance of the report, I trast to our values as a nation. No. 3, the committee had access to wish to make a few comments about This effort was focused on the ac- and utilized an extensive set of reports why it is so important that we make tions of the CIA from late 2001 to Janu- of interviews conducted by the CIA in- this study public. ary of 2009. The report does include spector general and the CIA’s oral his- All of us have vivid memories of that considerable detail on the CIA’s inter- tory program. Tuesday morning when terrorists actions with the White House, the De- So while we could not conduct new struck New York, Washington, DC, and partments of Justice, State, and De- interviews of individuals, we did utilize Pennsylvania. Make no mistake—on fense, and the Senate Intelligence transcripts or summaries of interviews September 11, 2001, war was declared on Committee. of those directly engaged in detention the United States. Terrorists struck The review is based on contempora- and interrogation operations. These our financial center, they struck our neous records and documents during interviews occurred at the time the military center, and they tried to the time the program was in place and program was operational and covered strike our political center and would active. These documents are important the exact topics we would have asked have had brave and courageous pas- because they aren’t based on recollec- about had we conducted interviews sengers not brought down the plane. tion, they aren’t based on revision, and ourselves. We still vividly remember the mix of they aren’t a rationalization a decade These interview reports and tran- outrage, deep despair, and sadness as later. It is these documents, referenced scripts included but were not limited we watched from Washington—smoke repeatedly in thousands of footnotes, to the following: George Tenet, Direc- rising from the Pentagon, the pas- that provide the factual basis for the tor of the CIA when the Agency took senger plane lying in a Pennsylvania study’s conclusions. The committee’s custody and interrogated the majority field, and the sound of bodies striking majority staff reviewed more than 6.3 of detainees; Jose Rodriguez, Director canopies at ground level as innocents million pages of these documents pro- of the CIA’s Counterterrorism Center, jumped to the ground below from the vided by the CIA, as well as records a key player in the program; CIA Gen- World Trade Center. Mass terror that from other departments and agencies. eral Counsel Scott Mueller; CIA Dep- we often see abroad had struck us di- These records include finished intel- uty Director of Operations James rectly in our front yard, killing 3,000 ligence assessments, CIA operational Pavitt; CIA Acting General Counsel innocent men, women, and children. What happened? We came together as and intelligence cables, memoranda, John Rizzo; CIA Deputy Director John a nation with one singular mission: emails, real-time chat sessions, inspec- McLaughlin; and a variety of interro- Bring those who committed these acts tor general reports, testimony before gators, lawyers, medical personnel, to justice. But it is at this point where Congress, pictures, and other internal senior counterterrorism analysts, and the values of America come into play, records. managers of the detention and interro- where the rule of law and the funda- It is true that we didn’t conduct our gation program. mental principles of right and wrong own interviews, and I wish to state why The best place to start on how we got become important. that was the case. In 2009 there was an into this situation—and I am delighted In 1990 the Senate ratified the Con- ongoing review by the Department of that the previous Chairman Senator vention against Torture. The conven- Justice Special Prosecutor, John Dur- ROCKEFELLER is on the floor—is a little tion makes clear that this ban against ham. On August 24, Attorney General more than 8 years ago, on September 6, torture is absolute. It states: Holder expanded that review. This oc- 2006, when the committee met to be No exceptional circumstances whatso- curred 6 months after our study had briefed by then-Director Michael Hay- ever— begun. Durham’s original investigation den. Including what I just read— of the CIA’s destruction of interroga- At that 2006 meeting the full com- whether a state of war or a threat or war, in- tion videotapes was broadened to in- mittee learned for the first time—the ternal political instability or any other pub- clude possible criminal actions of CIA first time—of the use of so-called en- lic emergency, may be invoked as a justifica- employees in the course of CIA deten- hanced interrogation techniques or tion of torture. tion and interrogation activities. EITs. Nonetheless, it was argued that the At the time, the committee’s vice It was a short meeting, in part be- need for information on possible addi- chairman, Kit Bond, withdrew the mi- cause President Bush was making a tional terrorist plots after 9/11 made nority’s participation in the study, cit- public speech later that day disclosing extraordinary interrogation techniques ing the Attorney General’s expanded officially for the first time the exist- necessary. investigation as the reason. ence of CIA black sites and announcing

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.015 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6407 the transfer of 14 detainees from CIA In my March 11, 2014, floor speech ings and conclusions which fall into custody to Guantanamo Bay, Cuba. It about the study, I described how in 2009 four general categories: First, the was the first time the interrogation the committee came to an agreement CIA’s enhanced interrogation tech- program was explained to the full com- with the new CIA Director, Leon Pa- niques were not an effective way to mittee, as details had previously been netta, for access to documents and gather intelligence information; sec- limited to the chairman and vice chair- other records about the CIA’s deten- ond, the CIA provided extensive man. tion and interrogation program. I will amounts of inaccurate information Then, on December 7, 2007, The New not repeat that here. From 2009 to 2012, about the operation of the program and York Times reported that CIA per- our staff conducted a massive and un- its effectiveness to the White House, sonnel in 2005 had destroyed videotapes precedented review of CIA records. the Department of Justice, Congress, of the interrogation of two CIA detain- Draft sections of the report were pro- the CIA inspector general, the media, ees—the CIA’s first detainee Abu duced by late 2011 and shared with the and the American public; third, the Zubaydah, as well as Abd al-Rahim al- full committee. The final report was CIA’s management of the program was Nashiri. The committee had not been completed in December 2012 and ap- inadequate and deeply flawed; and informed of the destruction of the proved by the committee by a bipar- fourth, the CIA program was far more tapes. tisan vote of 9 to 6. brutal than people were led to believe. Days later, on December 11, 2007, the After that vote, I sent the full report Let me describe each category in committee held a hearing on the de- to the President and asked the admin- more detail. The first set of findings struction of the videotapes. Director istration to provide comments on it be- and conclusions concern the effective- Hayden, the primary witness, testified fore it was released. Six months later, ness or lack thereof of the CIA interro- the CIA had concluded the destruction in June of 2013, the CIA responded. I di- gation program. The committee found of videotapes was acceptable, in part rected then that if the CIA pointed out that the CIA’s coercive interrogation because Congress had not yet requested any error in our report, we would fix it, techniques were not an effective means to see them. My source is our commit- and we did fix one bullet point that did of acquiring accurate intelligence or tee’s transcript of the hearing on De- not impact our findings and conclu- gaining detainee cooperation. cember 11, 2007. Director Hayden stated sions. If the CIA came to a different The CIA and other defenders of the that if the committee had asked for the conclusion than the report did, we program have repeatedly claimed the videotapes, they would have been pro- would note that in the report and ex- use of so-called interrogation tech- vided. But of course the committee had plain our reasons for disagreeing, if we niques was necessary to get detainees not known the videotapes existed. disagreed. You will see some of that to provide critical information and to We now know from CIA emails and documented in the footnotes of that ex- bring detainees to a ‘‘state of compli- records that the videotapes were de- ecutive summary as well as in the 6,000 ance,’’ in which they would cooperate stroyed shortly after CIA attorneys pages. and provide information. The study raised concerns that Congress might In April 2014, the committee prepared concludes both claims are inaccurate. find out about the tapes. an updated version of the full study The report is very specific in how it In any case, at that same December and voted 12 to 3 to declassify and re- evaluates the CIA’s claims on the effec- 11 committee hearing, Director Hayden lease the executive summary, findings tiveness and necessity of its enhanced told the committee that CIA cables re- and conclusions and minority and addi- lated to the interrogation sessions de- interrogation techniques. Specifically, tional views. we used the CIA’s own definition of ef- picted in the videotapes were ‘‘ . . . a On August 1, we received a declas- fectiveness as ratified and approved by more than adequate representation of sified version from the executive the Department of Justice’s Office of the tapes and therefore, if you want branch. It was immediately apparent Legal Counsel. The CIA claimed that them, we will give you access to the redactions to our report prevented the EITs were necessary to obtain them.’’ That is a quote from our tran- a clear and understandable reading of ‘‘otherwise unavailable’’ information script of the December 11, 2007, hear- the study and prevented us from sub- ing. stantiating the findings and conclu- that could not be obtained from any Senator ROCKEFELLER, then-chair- sions, so we obviously objected. other source to stop terrorist attacks man of the committee, designated two For the past 4 months, the com- and save American lives, that is a members of the committee staff to re- mittee and the CIA, the Director of Na- claim we conclude is inaccurate. view the cables describing the interro- tional Intelligence, and the White We took 20 examples that the CIA gation sessions of Abu Zubaydah and House have engaged in a lengthy nego- itself claimed to show the success of al-Nashiri. Senator Bond, then-vice tiation over the redactions to the re- these interrogations. These include chairman, similarly directed two of his port. We have been able to include cases of terrorist plots stopped or ter- staffers to review the cables. The des- some more information in the report rorists captured. The CIA used these ignated staff members completed their today without sacrificing sources and examples in presentations to the White review and compiled a summary of the methods or our national security. House, in testimony to Congress, in content of the CIA cables by early 2009, I ask unanimous consent to have submissions to the Department of Jus- by which time I had become chairman. printed in the RECORD following my re- tice, and ultimately to the American The description in the cables of CIA’s marks a letter from the White House, people. interrogations and the treatment of de- dated yesterday, transmitting the un- Some of the claims are well known: tainees presented a starkly different classified parts of report, and it also the capture of Khalid Shaikh Moham- picture from Director Hayden’s testi- points out that the executive summary med, the prevention of attacks against mony before the committee. They de- is 93 percent complete and that the the Library Tower in Los Angeles, and scribed brutal, around-the-clock inter- redactions amount to 7 percent. the takedown of Osama bin Laden. rogations, especially of Abu Zubaydah, Mr. President, this has been a long Other claims were made only in classi- in which multiple coercive techniques process. The work began 7 years ago fied settings to the White House, Con- were used in combination and with sub- when Senator ROCKEFELLER directed gress, and Department of Justice. stantial repetition. It was an ugly, vis- committee staff to review the CIA ca- In each case, the CIA claimed that ceral description. bles describing the interrogation ses- critical and unique information came The summary also indicated that sions of Abu Zubaydah and al-Nashiri. from one or more detainees in its cus- Abu Zubaydah and al-Nashiri did not, It has been very difficult, but I believe tody after they were subjected to the as a result of the use of these so-called documentation and the findings and CIA’s coercive techniques, and that in- EITs, provide the kind of intelligence conclusions will make clear how this formation led to a specific counterter- that led the CIA to stop terrorist plots program was morally, legally, and ad- rorism success. Our staff reviewed or arrest additional suspects. As a re- ministratively misguided and that this every one of the 20 cases and not a sin- sult, I think it is fair to say the entire Nation should never again engage in gle case holds up. committee was concerned and it ap- these tactics. In every single one of these cases, at proved the scope of an investigation by Let me now turn to the contents of least one of the following was true: a vote of 14 to 1, and the work began. the study. As I noted, we have 20 find- One, the intelligence community had

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.017 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6408 CONGRESSIONAL RECORD — SENATE December 9, 2014 information separate from the use of committee meeting. He referred spe- the CIA’s first detainee, Abu Zubaydah, EITs that led to the terrorist disrup- cifically to a ‘‘tummy slap,’’ among the CIA didn’t tell President Bush tion or capture; two, information from other techniques, and presented the en- about the full nature of the EITs until a detainee subjected to EITs played no tire set of techniques as minimally April 2006. That is what the records in- role in the claimed disruption or cap- harmful and applied in a highly clin- dicate. ture; and three, the purported terrorist ical and professional manner. They The CIA similarly withheld informa- plot either did not exist or posed no were not. tion or provided false information to real threat to Americans or U.S. inter- The committee’s report demonstrates the CIA inspector general during his ests. that these techniques were physically conduct of a special review by the IG in Some critics have suggested the very harmful, and that the constraints 2004. study concludes that no intelligence that existed on paper in Washington Incomplete and inaccurate informa- was ever provided from any detainee did not match the way techniques were tion from the CIA was used in docu- the CIA held. That is false and the used at CIA sites around the world. ments provided to the Department of study makes no such claim. What is Of particular note was the treatment Justice and as a basis for President true is that actionable intelligence of Abu Zubaydah over a span of 17 days Bush’s speech on September 6, 2006, in that was ‘‘otherwise unavailable’’ was in August 2002. This involved nonstop which he publicly acknowledged the not obtained using these coercive in- interrogation and abuse, 24/7, from Au- CIA program for the first time. terrogation techniques. gust 4 to August 21, and included mul- In all of these cases, other CIA offi- The report also chronicles where the tiple forms of deprivation and physical cers acknowledged internally that in- use of interrogation techniques that do assault. The description of this period, formation the CIA had provided was not involve physical force were effec- first written up by our staff in early wrong. tive. Specifically, the report provides 2009 while Senator ROCKEFELLER was The CIA also misled other CIA and examples where interrogators had suf- chairman, was what prompted this full White House officials. When Vice Presi- ficient information to confront detain- review. dent Cheney’s counsel David Addington ees with facts, know when they were But the inaccurate and incomplete asked CIA General Counsel Scott Mull- lying and when they applied rapport- descriptions go far beyond that. The er in 2003 about the CIA’s videotaping building techniques that were devel- CIA provided inaccurate memoranda the waterboarding of detainees, Muller oped and honed by the U.S. military, and explanations to the Department of deliberately told him that videotapes the FBI, and more recently the inter- Justice while its Office of Legal Coun- ‘‘were not being made,’’ but did not dis- sel was considering the legality of the agency High-Value Detainee Interroga- close that videotapes of previous coercive techniques. tion Group, called the HIG, that these waterboarding sessions had been made In those communications to the De- and still existed. Source: E-mail from techniques produced good intelligence. partment of Justice, the CIA claimed Let me make a couple of additional Scott Muller dated June 7, 2003. the following: The coercive techniques comments on the claimed effectiveness There are many more examples in would not be used with excessive rep- of CIA interrogations. At no time did the committee’s report. All are docu- etition; detainees would always have the CIA’s coercive interrogation tech- mented. an opportunity to provide information The third set of findings and conclu- niques lead to the collection of intel- prior to the use of the techniques; the sions notes the various ways in which ligence on an imminent threat that techniques were to be used in progres- CIA management of the Detention and many believe was the justification for sion, starting with the least aggressive Interrogation Program—from its incep- the use of these techniques. The com- and proceeding only if needed; medical tion to its formal termination in Janu- mittee never found an example of this personnel would make sure that inter- ary of 2009—was inadequate and deeply hypothetical ticking timebomb sce- rogations wouldn’t cause serious harm, flawed. nario. and they could intervene at any time There is no doubt that the Detention The use of coercive technique meth- to stop interrogations; interrogators and Interrogation Program was, by any ods regularly resulted in fabricated in- were carefully vetted and highly measure, a major CIA undertaking. It formation. Sometimes the CIA actu- trained, and each technique was to be raised significant legal and policy ally knew detainees were lying. Other used in a specific way without devi- issues and involved significant re- times the CIA acted on false informa- ation, and only with specific approval sources and funding. It was not, how- tion, diverting resources and leading for the interrogator and detainee in- ever, managed as a significant CIA pro- officers or contractors to falsely be- volved. lieve they were acquiring unique or ac- None of these assurances, which the gram. Instead, it had limited oversight tionable intelligence and that its inter- Department of Justice relied on to and lacked formal direction and man- rogations were working when they form its legal opinions, were consist- agement. were not. ently or even routinely carried out. For example, in the 6 months be- Internally, CIA officers often called In many cases, important informa- tween being granted detention author- into question the effectiveness of the tion was withheld from policymakers. ity and taking custody of its first de- CIA’s interrogation techniques, noting For example, foreign intelligence com- tainee, Abu Zubaydah, the CIA had not how the techniques failed to elicit de- mittee chairman Bob Graham asked a identified and prepared a suitable de- tainee cooperation or produce accurate number of questions after he was first tention site. It had not researched ef- information. briefed in September of 2002, but the fective interrogation techniques or de- The report includes numerous exam- CIA refused to answer him, effectively veloped a legal basis for the use of in- ples of CIA officers questioning the stonewalling him until he left the com- terrogation techniques outside of the agency’s claims, but these contradic- mittee at the end of the year. rapport-building techniques that were tions were marginalized and not pre- In another example, the CIA, in co- official CIA policy until that time. sented externally. ordination with White House officials In fact, there is no indication the CIA The second set of findings and con- and staff, initially withheld informa- reviewed its own history—that is just clusions is that the CIA provided ex- tion of the CIA’s interrogation tech- what Helgerson was saying in 2005— tensive inaccurate information about niques from Secretary of State Colin with coercive interrogation tactics. As the program and its effectiveness to Powell and Secretary of Defense Don- the executive summary notes, the CIA the White House, the Department of ald Rumsfeld. There are CIA records had engaged in rough interrogations in Justice, Congress, the CIA inspector stating that Colin Powell wasn’t told the past. general, the media, and the American about the program at first because In fact, the CIA had previously sent a public. there were concerns that ‘‘Powell letter to the Intelligence Committee in This conclusion is somewhat personal would blow his stack if he were 1989—and here is the quote—that ‘‘in- for me. I remember clearly when Direc- briefed.’’ Source: Email from John humane physical or psychological tech- tor Hayden briefed the Intelligence Rizzo dated July 31, 2003. niques are counterproductive because Committee for the first time on the so- CIA records clearly indicate, and de- they do not produce intelligence and called EITs at that September 2006 finitively, that after he was briefed on will probably result in false answers.’’

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.019 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6409 That was a letter from John Helgerson, employment with the U.S. Govern- authorized by the Office of Legal Coun- CIA Director of Congressional Affairs, ment, let alone their suitability to par- sel and conducted by personnel not ap- dated January 8, 1989. ticipate in a sensitive CIA covert ac- proved to use them on detainees. However, in late 2001 and early 2002, tion program. Decisions about how and when to rather than research interrogation The two contractors that CIA al- apply interrogation techniques were ad practices and coordinate with other lowed to develop, operate, and assess hoc and not proposed, evaluated, and parts of the government with extensive its interrogation operations conducted approved in a manner described by the expertise in detention and interroga- numerous ‘‘inherently governmental CIA in written descriptions and testi- tion of terrorist suspects, the CIA en- functions’’ that never should have been mony about the program. Detainees gaged two contract psychologists who outsourced to contractors. These con- were often subjected to harsh and bru- had never conducted interrogations tractors, referred to in the report in tal interrogation and treatment be- themselves or ever operated detention special pseudonyms, SWIGERT and cause CIA analysts believed, often in facilities. DUNBAR, developed the list of so- error, that they knew more informa- As the CIA captured or received cus- called enhanced interrogation tech- tion than what they had provided. tody of detainees through 2002, it main- niques that the CIA employed. Sometimes CIA managers and inter- tained separate lines of management at They developed a list of so-called en- rogators in the field were uncomfort- headquarters for different detention fa- hanced interrogation techniques that able with what they were being asked cilities. the CIA employed. They personally to do and recommended ending the No individual or office was in charge conducted interrogations of some of abuse of a detainee. Repeatedly in such of the Detention and Interrogation the CIA’s most significant detainees, cases they were overruled by people at Program until January of 2003, by using the techniques including the CIA headquarters who thought they which point more than one-third of CIA waterboarding of Abu Zubaydah, knew better, such as by analysts with detainees identified in our review had Khalid Shaikh Mohammed, and al- no line authority. This shows again been detained and interrogated. Nashiri. how a relatively small number of CIA One clear example of flawed CIA The contractors provided the official personnel—perhaps 40 to 50—were mak- management was the poorly managed evaluations of whether detainees’ psy- ing decisions on detention and interro- detention facility referred to in our re- chological states allowed for the con- gation despite the better judgments of port by the code name COBALT to hide tinued use of the enhanced techniques, other CIA officers. the actual name of the facility. It even for some detainees they them- The fourth and final set of findings began operations in September of 2002. selves were interrogating or had inter- and conclusions concerns how the in- The facility kept few formal records of rogated. Evaluating the psychological terrogations of CIA detainees were ab- the detainees housed there, and un- state of the very detainees they were solutely brutal, far worse than the CIA trained CIA officers conducted frequent interrogating is a clear conflict of in- represented them to policymakers and unauthorized and unsupervised interro- terest and a violation of professional others. gations using techniques that were not, guidelines. Beginning with the first detainee, and never became, part of the CIA’s The CIA relied on these two contrac- Abu Zubaydah, and continuing with formal enhanced interrogation pro- tors to evaluate the interrogation pro- others, the CIA applied its so-called en- gram. gram they had devised and in which hanced interrogation techniques in The CIA placed a junior officer with they had obvious financial interests. combination and in near nonstop fash- no relevant experience in charge of the Again, it is a clear conflict of interest ion for days and even weeks at a time site. In November 2002, an otherwise and an avoidance of responsibility by on one detainee. In contrast to the CIA healthy detainee—who was being held the CIA. representations, the detainees were mostly nude and chained to a concrete In 2005, the two contractors formed a subjected to the most aggressive tech- floor—died at the facility from what is company specifically for the purpose of niques immediately—stripped naked, believed to have been hypothermia. expanding their work with the CIA. diapered, physically struck, and put in In interviews conducted in 2003 by From 2005 to 2008, the CIA outsourced various painful stress positions for long the CIA Office of the Inspector General, almost all aspects of its detention and periods of time. They were deprived of CIA’s leadership acknowledged that interrogation program to this company sleep for days—in one case up to 180 they had little or no awareness of oper- as part of a contract valued at more hours; that is 71⁄2 days, over a week, ations at this specific CIA detention than $180 million. Ultimately, not all with no sleep—usually in standing or site, and some CIA senior officials be- contract options were exercised. How- in stress positions, at times with their lieved, erroneously, that enhanced in- ever, the CIA has paid these two con- hands tied together over their heads, terrogation techniques were not used tractors and their company more than chained to the ceiling. there. $80 million. In the COBALT facility I previously The CIA, in its June 2013 response to Of the 119 individuals found to have mentioned, interrogators and guards the committee’s report, agreed that been detained by the CIA during the used what they called rough takedowns there were management failures in the life of the program, the committee in which a detainee was grabbed from program, but asserted that they were found that at least 26 were wrongfully his cell, clothes cut off, hooded, and corrected by early 2003. While the held. These are cases where the CIA dragged up and down a dirt hallway study found that management failures itself determined that it had not met while being slapped and punched. improved somewhat, we found they the standard for detention set out in The CIA led several detainees to be- persisted until the end of the program. the 2001 Memorandum of Notification lieve they would never be allowed to Among the numerous management which governed the covert action. De- leave CIA custody alive, suggesting to shortcomings identified in the report tainees often remained in custody for Abu Zubaydah that he would only are the following: The CIA used poorly months after the CIA determined they leave in a coffin-shaped box. That is trained and nonvetted personnel. should have been released. CIA records from a CIA cable on August 12, 2002. Individuals were deployed—in par- provide insufficient information to jus- According to another CIA cable, CIA ticular, interrogators—without rel- tify the detention of many other de- officers also planned to cremate evant training or experience. Due to tainees. Zubaydah should he not survive his in- the CIA’s redactions to the report, Due to poor recordkeeping, a full ac- terrogation. Source: CIA cable, July 15, there are limits to what I can say in counting of how many specific detain- 2002. this regard, but it is a clear fact that ees were held and how they were spe- After the news and photographs the CIA deployed officers who had his- cifically treated while in custody may emerged from the U.S. military deten- tories of personnel, ethical, and profes- never be known. Similarly, in specific tion of Iraqis at Abu Ghraib, the Intel- sional problems of a serious nature. instances we found that enhanced in- ligence Committee held a hearing on These included histories of violence terrogation techniques were used with- the matter on May 12, 2004. Without and abusive treatment of others that out authorization in a manner far dif- disclosing any details of its own inter- should have called into question their ferent and more brutal than had been rogation program, CIA Director John

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.026 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6410 CONGRESSIONAL RECORD — SENATE December 9, 2014 McLaughlin testified that CIA interro- full report and have dedicated them- fense, Department of State, and other agen- gations were nothing like what was de- selves and much of their lives to this cies, to review and declassify hundreds of picted at Abu Ghraib, the U.S. prison project. Alissa Starzak, who began this pages of information related to the historical CIA program. in Iraq where detainees were abused by review as co-lead, contributed exten- As we have shared with you in prior letters American personnel. This, of course, sively until her departure from the and conversations, the President supports was false. committee in 2011. making public the declassified version of the CIA detainees at one facility, de- Other key contributors to the draft- Committee’s important report as he believes scribed as a dungeon, were kept in ing, editing, and review of the report that public scrutiny and debate will help to complete darkness, constantly shack- were Jennifer Barrett, Nick Basciano, inform the public’s understanding of the pro- led in isolated cells with loud noise or Mike Buchwald, Jim Catella, Eric gram and to ensure that such a program will music and only a bucket to use for Chapman, John Dickas, Lorenzo Goco, never be repeated. As we have also shared Andrew Grotto, Tressa Guenov, Clete with you, in advance of release of the Com- human waste. mittee report, the Administration has The U.S. Bureau of Prisons personnel Johnson, Michael Noblet, Michael planned to take a series of security steps to went to that location in November 2002 Pevzner, Tommy Ross, Caroline Tess, prepare our personnel and facilities overseas. and, according to a contemporaneous and James Wolfe; and finally, David We have already initiated those security pre- internal CIA email, told CIA officers Grannis, who has been a never-fal- cautions and will continue to implement they had never ‘‘been in a facility tering staff director throughout this them consistent with prior conversations where individuals are so sensory de- review. about the timing of the Committee’s ex- prived.’’ Source: CIA email, sender and This study is bigger than the actions pected release of its report. of the CIA. It is really about American The Committee report reflects a signifi- recipient redacted, December 5, 2002. cant five year effort, and we commend the Throughout the program, multiple values and morals. It is about the Con- Committee and its staff on its completion. CIA detainees subjected to interroga- stitution, the Bill of Rights, our rule of The report also reflects extraordinary co- tions exhibited psychological and be- law. These values exist regardless of operation by the Executive Branch to ensure havioral issues including halluci- the circumstances in which we find access to the information necessary to re- nations, paranoia, insomnia, and at- ourselves. They exist in peacetime and view the CIA’s former program, including tempts at self-harm and self-mutila- in wartime, and if we cast aside these more than six million pages of records. We tion. Multiple CIA psychologists iden- values when convenient, we have failed must now, however, begin to look forward to to live by the very precepts that make the future. The men and women in the Intel- tified the lack of human contact expe- ligence Community are fundamental to rienced by the detainees as a cause of our Nation a great one. America’s national security. They perform psychiatric problems. There is a reason why we carry the an important service to our country in very The executive summary includes far banner of a great and just nation. So trying circumstances. They make extraor- more detail than I am going to provide we submit this study on behalf of the dinary sacrifices to keep the American peo- here about things that were in these committee to the public in the belief ple safe, often without any expectation of interrogation sessions, and the sum- that it will stand the test of time, and credit or acknowledgment. As they carry on mary itself includes only a subset of with it the report will carry the mes- the nation’s critical work, they have the the treatment of the 119 known CIA de- sage: ‘‘Never again.’’ President’s support and appreciation, as I There being no objection, the mate- know they have yours. tainees. There is far more detail—all Sincerely, rial was ordered to be printed in the documented—in the full 6,700-page W. NEIL EGGLESTON, study. This briefly summarizes the RECORD, as follows: Counsel to the President. committee’s findings and conclusions. THE WHITE HOUSE, I very much appreciate your atten- Washington, December 8, 2014. Before I wrap up, I wish to thank the tion, and I yield to Senator MCCAIN. people who made this undertaking pos- Hon. DIANNE FEINSTEIN, The PRESIDING OFFICER (Ms. sible. First, I thank Senator JAY Chairman, Select Committee on Intelligence, U.S. Senate, Washington, DC. HEITKAMP). The Senator from Arizona. ROCKEFELLER. He started this project DEAR CHAIRMAN FEINSTEIN: I write in re- Mr. MCCAIN. Madam President, I by directing his staff to review the sponse to your letters to the President trans- wish to begin by expressing my appre- operational cables that described the mitting versions of the executive summary, ciation and admiration to the per- first recorded interrogations after we findings, and conclusions of the Senate Se- sonnel who serve in our intelligence learned that the videotapes of those lect Committee on Intelligence’s report re- agencies, including the CIA, who are sessions had been destroyed. That re- garding the Central Intelligence Agency’s out there every day defending our Na- port was what led to this multiyear in- (CIA) former detention and interrogation tion. program. vestigation, and without it we wouldn’t The President believes that the Agency’s I have read the executive summary have had any sense of what happened. former detention and interrogation program and I also have been briefed on the en- I thank other Members of the Senate was inconsistent with our values as a Nation. tirety of this report. I rise in support of Intelligence Committee, one of whom To reflect our values, one of his first acts in the release—the long-delayed release— is on the floor today, from the great office was to sign an Executive Order that of the Senate Intelligence Committee’s State of New Mexico. Others have been brought an end to the program. summarized unclassified review of the on the floor who voted to conduct this Since the Committee first delivered a so-called enhanced interrogation tech- investigation and to approve its result version of its executive summary, findings, and conclusions of the report (report) in niques that were employed by the pre- and make the report public. April, the Administration has worked in vious administration to extract infor- Most importantly, I want to thank good faith with the Committee on the declas- mation from captured terrorists. It is a the Intelligence Committee staff who sification effort. On August 1, the Adminis- thorough and thoughtful study of prac- performed this work. They are dedi- tration provided a version of the report, as tices that I believe not only failed their cated and committed public officials well as minority and additional views that purpose to secure actionable intel- who sacrificed a significant portion of would declassify 85 percent of the text. Since ligence to prevent further attacks on their lives to see this report through to then, at the request of the Committee, the the United States and our allies, but Administration has continually sought to re- its publication. They have worked actually damaged our security inter- days, nights, and weekends for years in duce further the redactions in the report in a manner that also protects U.S. national se- ests as well as our reputation as a force some of the most difficult cir- curity. We have appreciated the constructive for good in the world. cumstances. It is no secret to anyone dialogue with the Committee over the last I believe the American people have a that the CIA does not want this report few months, which allowed us to work right—indeed a responsibility—to know coming out, and I believe the Nation through more than 400 of the Committee’s what was done in their name, how owes them a debt of gratitude. They requests for declassification. these practices did or did not serve our are Dan Jones, who has led this review Today, we are delivering to the Committee interests, and how they comported since 2007, and more than anyone else, a version of the Committee report, as well as minority and additional views, that are over with our most important values. today’s report is a result of his effort. 93 percent declassified. The minimal I commend Chairwoman FEINSTEIN Evan Gottesman and Chad Tanner, the redactions are the result of a considerable ef- and her staff for their diligence in two other members of the study staff, fort by the Director of National Intelligence, seeking a truthful accounting of poli- each wrote thousands of pages of the working with the CIA, Department of De- cies I hope we will never resort to

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.027 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6411 again. I thank them for persevering can feel obliged for good reasons to do rorist attacks today and tomorrow. against persistent opposition from things they would normally object to That could be a real surprise since it many members of the intelligence com- and recoil from. I understand the rea- contradicts the many assurances pro- munity, from officials in two adminis- sons that governed the decision to re- vided by intelligence officials on the trations, and from some of our col- sort to these interrogation methods, record and in private that enhanced in- leagues. and I know that those who approved terrogation techniques were indispen- The truth is sometimes a hard pill to them and those who used them were sable in the war against terrorism. And swallow. It sometimes causes us dif- dedicated to securing justice for vic- I suspect the objection of those same ficulties at home and abroad. It is tims of terrorist attacks and to pro- officials to the release of this report is sometimes used by our enemies in at- tecting Americans from further harm. I really focused on that disclosure—tor- tempts to hurt us. But the American know their responsibilities were grave ture’s ineffectiveness—because we gave people are entitled to it nonetheless. and urgent and the strain of their duty up much in the expectation that tor- They must know when the values that was onerous. I respect their dedication, ture would make us safer—too much. define our Nation are intentionally dis- and I appreciate their dilemma. But I Obviously, we need intelligence to regarded by our security policies, even dispute wholeheartedly that it was defeat our enemies, but we need reli- those policies that are conducted in se- right for them to use these methods able intelligence. Torture produces cret. They must be able to make in- which this report makes clear were nei- more misleading information than ac- formed judgments about whether those ther in the best interests of justice, nor tionable intelligence. And what the ad- policies and the personnel who sup- our security, nor the ideals we have vocates of harsh and cruel interroga- ported them were justified in compro- sacrificed so much blood and treasure tion methods have never established is mising our values, whether they served to defend. that we couldn’t have gathered as good a greater good, or whether, as I believe, The knowledge of torture’s dubious or more reliable intelligence from they stained our national honor, did efficacy and my moral objection to the using humane methods. much harm, and little practical good. The most important lead we got in What were the policies? What was abuse of prisoners motivated my spon- the search for bin Laden came from their purpose? Did they achieve it? Did sorship of the Detainee Treatment Act they make us safer, less safe, or did of 2005, which prohibits ‘‘cruel, inhu- using conventional interrogation meth- they make no difference? What did man or degrading treatment’’ of cap- ods. I think it is an insult to the many they gain us? What did they cost us? tured combatants, whether they wear a intelligence officers who have acquired What did they gain us? What did they nation’s uniform or not, and which good intelligence without hurting or cost us? The American people need the passed the Senate by a vote of 90 to 9. degrading prisoners to assert that we Subsequently, I successfully offered answers to these questions. Yes, some can’t win these wars without such amendments to the Military Commis- things must be kept from public disclo- methods. Yes, we can, and we will. sions Act of 2006, which, among other But in the end torture’s failure to sure to protect clandestine operations, things, prevented the attempt to weak- serve its intended purpose isn’t the sources, and methods, but not the an- en Common Article 3 of the Geneva main reason to oppose its use. I have swers to these questions. By providing Conventions and broadened definitions often said and I will always maintain them, the committee has empowered in the War Crimes Act to make the fu- that this question isn’t about our en- the American people to come to their ture use of waterboarding and other emies; it is about us. It is about who we own decisions about whether we should ‘‘enhanced interrogation techniques’’ were, who we are, and who we aspire to have employed such practices in the punishable as war crimes. be. It is about how we represent our- past and whether we should consider There was considerable misinforma- selves to the world. permitting them in the future. tion disseminated then about what was We have made our way in this often This report strengthens self-govern- and wasn’t achieved using these meth- dangerous and cruel world not by just ment and ultimately, I believe, Amer- ican security and stature in the world. ods in an effort to discourage support strictly pursuing our geopolitical in- I thank the committee for that valu- for the legislation. There was a good terests but by exemplifying our polit- able public service. amount of misinformation used in 2011 ical values and influencing other na- I have long believed some of these to credit the use of these methods with tions to embrace them. When we fight practices amounted to torture as a rea- the death of Osama bin Laden. And to defend our security, we fight also for sonable person would define it, espe- there is, I fear, misinformation being an idea—not for a tribe or a twisted in- cially but not only the practice of used today to prevent the release of terpretation of an ancient religion or waterboarding, which is a mock execu- this report, disputing its findings and for a King but for an idea that all men tion and an exquisite form of torture. warning about the security con- are endowed by the Creator with in- Its use was shameful and unnecessary, sequences of their public disclosure. alienable rights. How much safer the and, contrary to assertions made by Will the report’s release cause out- world would be if all nations believed some of its defenders and as the com- rage that leads to violence in some the same. How much more dangerous it mittee’s report makes clear, it pro- parts of the Muslim world? Yes, I sup- can become when we forget it our- duced little useful intelligence to help pose that is possible and perhaps like- selves, even momentarily. us track down the perpetrators of 9/11 ly. Sadly, violence needs little incen- Our enemies act without conscience. or prevent new attacks and atrocities. tive in some quarters of the world We must not. This executive summary I know from personal experience that today. But that doesn’t mean we will of the committee’s report makes clear the abuse of prisoners will produce be telling the world something it will that acting without conscience isn’t more bad than good intelligence. I be shocked to learn. The entire world necessary. It isn’t even helpful in win- know victims of torture will offer in- already knows we waterboarded pris- ning this strange and long war we are tentionally misleading information if oners. It knows we subjected prisoners fighting. We should be grateful to have they think their captors will believe it. to various other types of degrading that truth affirmed. I know they will say whatever they treatment. It knows we used black Now, let us reassert the contrary think their torturers want them to say sites, secret prisons. Those practices proposition: that is it essential to our if they believe it will stop their suf- haven’t been a secret for a decade. Ter- success in this war that we ask those fering. Most of all, I know the use of rorists might use the report’s reidenti- who fight it for us to remember at all torture compromises that which most fication of the practices as an excuse to times that they are defending a sacred distinguishes us from our enemies—our attack Americans, but they hardly ideal of how nations should be gov- belief that all people, even captured en- need an excuse for that. That has been erned and conduct their relations with emies, possess basic human rights their life’s calling for a while now. others—even our enemies. which are protected by international What might come as a surprise not Those of us who give them this duty conventions the United States not only just to our enemies but to many Amer- are obliged by history, by our Nation’s joined but for the most part authored. icans is how little these practices did highest ideals and the many terrible I know too that bad things happen in aid our efforts to bring 9/11 culprits to sacrifices made to protect them, by our war. I know that in war good people justice and to find and prevent ter- respect for human dignity, to make

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It was dur- those who would destroy us. provide me or anybody else with any ing this period that the House and Sen- Madam President, I yield the floor. additional information about the pro- ate considered the 2008 Intelligence Au- The PRESIDING OFFICER. The Sen- gram. They further refused to notify thorization Act and a potential provi- ator from West Virginia. the full committee about the program’s sion that set the Army Field Manual— Mr. ROCKEFELLER. Madam Presi- existence. My colleagues will remem- which is the only way to go—as the dent, I ask unanimous consent to speak ber there was always the Gang of 4, the standard for the entire American Gov- in a seated position. Gang of 6, or the Gang of 8. They would ernment, including the CIA. This would The PRESIDING OFFICER. Without take the chairman and vice chairman, have effectively ended the CIA’s en- objection, it is so ordered. take them to the White House, give hanced interrogation techniques, a Mr. ROCKEFELLER. Madam Presi- them a flip chart, 45 minutes for the term eerily sanitized in bureaucratic dent, I come to the floor to wholly sup- Vice President, and off he would go. jargon for what, in a number of cases, port the comments of my colleagues, Senator ROBERTS and I went down by amounted to torture. the Senator from California and the car and were instructed we couldn’t As chairman, I knew the inclusion of Senator from Arizona, to speak about a talk to each other on the way back the Army Field Manual provision matter of great importance to me per- from one of those meetings. It was ab- would jeopardize the entire bill. I sonally but more importantly to the surd. They refused to do anything to be thought it might bring it down. People country. of assistance. would think it was too soft or too rad- The Senate Intelligence Committee’s The briefings I received provided lit- ical or whatever, but I was committed entire study of the CIA’s detention and tle or no insight into the CIA’s pro- to seeing the bill signed into law. In interrogation program—I will just call gram. Questions or followup requests the end, it was an easy decision. it the program—is the most in-depth, were rejected, and at times I was not I supported including the provision the most substantive oversight initia- allowed to consult with my counsel. I to end the CIA’s program because it tive the committee has ever taken. I am not a lawyer. There are legal mat- was the right thing to do. I did it be- doubt any committee has done more ters involved here. They said we cause Congress needed to send a clear signal that it did not stand by the Bush than this. It presents extremely valu- couldn’t talk to any of our staff, legal administration’s policy. able insights into crucial oversight counsel or not, or other members of the questions and problems that need to be The House and Senate went on to committee who knew nothing about pass the bill with bipartisan votes. Al- addressed by the CIA. this because they had not been in- Moreover, this study exemplifies why though the Bush administration vetoed formed at all. the bill to preserve its ability to con- this committee was created in the first It was clear these briefings were not tinue these practices, it was an impor- place following the findings of the meant to answer any questions but Church Committee nearly 40 years ago, tant symbolic moment. were intended only to provide cover for In the same period, I also sent two and I commend my friend and the com- the administration and the CIA. It was committee staffers, as our chairwoman mittee’s leader, the Senator from Cali- infuriating to me to realize I was part has indicated, to begin reviewing ca- fornia, for shepherding this landmark of a box checking exercise that the ad- bles at the CIA regarding the agency’s initiative to this point. For years, ministration planned to use, and later interrogations of Abu Zubaydah and al- often behind closed doors, without any did use, so they could disingenuously Nashiri. I firmly believed we had to re- recognition, she has been a strong and claim they had—in a phrase I will view those cables, which are now the tireless advocate, and she deserves our never be able to forget—‘‘fully briefed only source of important historical in- thanks and recognition. Congress.’’ formation on this subject, because the It is my hope and expectation that In the years that followed I fought CIA destroyed its tapes of some of their beyond the initial release of the execu- and lost many battles to obtain cred- interrogation sessions. The CIA de- tive summary and findings and conclu- ible information about the detention stroyed those tapes against the explicit sions, that the entire 6,800 pages, with and interrogation program. As vice direction from the White House and the 37,500 footnotes, will eventually be chair I tried to launch, as has been Director of National Intelligence. made public—and I am sure it will— mentioned, a comprehensive investiga- The investigation that began in 2007 with the appropriate redactions. Those tion into the program, but that effort grew under Chairman FEINSTEIN’s dedi- public findings will be critical to fully was blocked. cation and tremendous leadership into learning the necessary lessons from Later in 2005, when I fought for ac- a full study of the CIA’s detention and this dark episode in our Nation’s his- cess to over 100 specific documents interrogation program. The more the tory and to ensure that it never hap- cited in the inspector general report, committee dug, the more the com- pens again. It has been a very long, the CIA refused to cooperate. mittee found, and the results we uncov- very hard fight to get to this point. Es- The first time the full Senate Intel- ered are both shocking and deeply pecially in the early years of the CIA’s ligence Committee was given any in- troubling. detention program, it was a struggle formation about this detention pro- First, the detention and interroga- for the committee to get the most gram was September 2006. This was tion program was conceived by people basic information or any information years after the program’s inception and who were ignorant of the topic and at all about the program. the same day the President informed made it up on the fly based on the un- The committee’s study of the deten- the Nation. tested theories of contractors who had tion and interrogation program is not The following year when I became never met a terrorist or conducted a just the story of the brutal and ill-con- chairman, the vice chairman, Kit Bond, real-world interrogation of any kind. ceived program itself; this study is also and I agreed to push for significant ad- Second, it was executed by personnel the story of the breakdown in our sys- ditional access to the program. For with insufficient linguistic and interro- tem of governance that allowed the heaven’s sake, at least allow both the gation training and little, if any, real- country to deviate in such a significant Senate Intelligence Committee and the world experience. and horrific way from our core prin- House Intelligence Committee, on a Moreover, the CIA was aware that ciples. One of the profound ways that full basis, to be informed about this some of these personnel had a stag- breakdown happened was through the and also to include our staff’s counsel gering array of personal and profes- active subversion of meaningful con- on these matters. We finally actually sional failings—enumerated by the gressional oversight—a theme mirrored prevailed and got this access. I think I committee’s chairman—including po- in the Bush administration’s withheld something from them until tentially criminal activity, that should

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But if Nevertheless, it was consistently rep- transparency and has muddied what this report had not been released, the resented that these interrogators were should be a clear and unequivocal leg- country would have felt that everybody professionalized and carefully vetted— acy on this issue. at the CIA—and the world would have their term—and that became a part of While aspiring to be the most trans- felt it—was involved in this program. the hollow legal justification of the en- parent administration in history, this It is important to say that that was tire program. White House continues to quietly with- not the case. It was just 30 or 40 people Third, the program was managed in- hold from the committee more than at the top. Many of the people you see competently by senior officials who 9,000 documents related to the CIA’s on television blasting this report were paid little or no attention to critical programs. I don’t know why. They intimately involved in carrying it out details. It was rife with troubling per- won’t say, and they won’t produce. and setting it up. sonal and financial conflicts of interest In addition to strongly supporting The CIA developed the detention pro- among the small group of the CIA offi- the CIA’s insistence on the unprece- gram in a time of great fear, anxiety, cials and contractors who promoted dented redaction of fake names in the and unprecedented crisis. It is at these and defended it. Obviously it was in report, which obscures the public’s times of crisis when we need sound their interest to do so. ability to understand the important judgment, excellence, and profes- Fourth, as the chairman indicated, connections which are so important for sionalism from the CIA the most. the program was physically very se- weaving together the tapestry, the ad- When mistakes are made, they call vere, far more so than any of us outside ministration also pushed for the redac- for self-reflection and scrutiny. For the CIA ever knew. Although tion of information in the committee’s that process to begin, we first have to waterboarding has received the most study that should not be classified, make sure there is an absolutely accu- attention, there were other techniques contradicting the administration’s own rate public record of what happened. I personally believe—one in par- Executive order on classification. We are doing that. The public release ticular—that may have been much Let me be clear. of the executive summary and findings worse. That order clearly states that in no and conclusions is a tremendous and Finally, its results were unclear at case shall information fail to be declas- consequential step toward that end. best, but it was presented to the White sified in order to conceal violations of For some, I expect there will be the House, the Department of Justice, the law and efficiency or administrative temptation to reject and cast doubt, to Congress, and the media as a silver bul- error or prevent embarrassment to a trivialize, to attack or rationalize let that was indispensable to saving person, organization, or agency. parts of the study that are disturbing lives. That was their mantra. In fact, it In some instances, the White House or are embarrassing. Indeed, the CIA did not provide the intelligence it was asked not only that information be re- program’s dramatic divergence from supposed to provide or the CIA argued dacted but that the redaction itself be the standards that we hold ourselves to that it did provide. removed so it would be impossible for is hard to reconcile. However, we must To be perfectly clear, these harsh the reader to tell that something was fight that shortsighted temptation to techniques were not approved by any- already hidden. Strange. wish away the gravity of what this one ever for the low-bar standard of Given this, looking back, I am deeply study found. learning useful information from de- disappointed, rather than surprised, How we deal with this opportunity to tainees. These techniques were ap- that even when the CIA inexplicably learn and improve will reflect on the proved because the Bush officials were conducted an unauthorized search of maturity of our democracy. As a coun- told, and therefore believed, that these the committee’s computer files and try, we are strong enough to bear the coercive interrogations were abso- emails at an offsite facility, which was weight of the mistakes we have made. lutely necessary to elicit intelligence potentially criminal, and even when it As an institution, so is the Central In- that was unavailable by any other col- became clear that the intent of the telligence Agency. We must confront lection method and would save Amer- search was to suppress the committee’s this dark period in our recent history ican lives. That was simply not the awareness of an internal CIA review with honesty and critical introspec- case. that corroborated parts of the intel- tion. We must draw lessons, and we For me, personally, the arc of this ligence committee’s study and contra- must apply those lessons as we move story comprises more than a decade of dicted public CIA statements, the forward. Although it may be uncom- my 30 years of work in the Senate and White House continued to support the fortable at times, ultimately we will one of the hardest fights—I think the CIA leadership, and that support was grow stronger, and we will ensure that hardest fight—I have ever been unflinching. this never happens again. through. Many of the worst years were Despite these frustrations, I have I thank the Presiding Officer and during the Bush administration. also seen how hard Chairman FEIN- yield the floor. However, I did not fully anticipate STEIN has fought against great odds, The PRESIDING OFFICER. The Sen- how hard these last few years would be stubborn odds, protective odds, mys- ator from California. in this administration to get this sum- terious odds, which are not really clear Mrs. FEINSTEIN. Madam President, mary declassified and to tell the full to me. I have tried to support her I know the time for recess for caucus is story of what happened. Indeed, to my thoughtful and determined efforts at approaching and I know there are other great frustration, even after months of every opportunity to make sure as Members on the Democratic side who endless negotiations, significant as- much as of the story can be told as pos- want to speak. It is now time for a pects of the story remain obscured by sible, and I am deeply proud of the Member from the Republican side to black ink. product the committee ended up with. speak. I have great admiration for the Presi- Now it is time to move forward. For I ask unanimous consent that the re- dent, and I am appreciative of the lead- all of the misinformation, incom- cess be delayed for 5 minutes so the ership role he has taken to depart from petence, and brutality of the CIA’s pro- distinguished Senator from South the practices of the Bush administra- gram, the committee’s study is not and Carolina might speak. tion on these issues. His Executive must not be simply a backward-looking The PRESIDING OFFICER. Without order formally ended the CIA’s deten- condemnation of the past. The study objection, it is ordered. tion program practices, and that is a presents a tremendous opportunity to The Senator from South Carolina. good example. It is a great example. develop forward-looking lessons that Mr. GRAHAM. Thank you very much. It was, therefore, with deep dis- must be central to all future activities. I have been a military lawyer for over appointment that over the course of a The point has been made—I thor- 30 years. That has been one of the high- number of private meetings and con- oughly agree—that the vast majority lights of my life—to serve in the Air versations I came to feel that the of people who work at the CIA—and Force. During the debate about these

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We stand reattach itself to who she is, the worse by the Geneva Convention since its in- for due process. We stand for humane off the enemy will be. ception. I am convinced that the tech- treatment. We stand for the ability to I yield the floor. niques in question violate the Geneva have a say when you are accused of The PRESIDING OFFICER. The Sen- Convention. I am also convinced that something. Our enemies stand for none ator from Alaska. they were motivated by fear, fear of of that. That is their greatest weak- f another attack. Put yourself in the ness. Our greatest strength is to offer a ALASKA SAFE FAMILIES AND shoes of the people responsible for de- better way. VILLAGES ACT OF 2014 fending the country right after 9/11. We When you go to Anbar Province and had been hit. We had been hit hard. Ev- you go to other places in the Mideast Mr. BEGICH. Mr. President, I ask erybody thought something else was that have experienced life under ISIS— unanimous consent that the Senate coming. ISIL—and Al Qaeda, the reaction has proceed to the immediate consider- As we rounded these guys up, there almost been universal: We do not like ation of Calendar No. 524, S. 1474. was a sense of urgency and a commit- this. When America comes over the The PRESIDING OFFICER. The ment to never let it happen again that hill, and they see that flag, they know clerk will report the bill by title. generated this program. help is on the way. The assistant legislative clerk read Who knew what, when? I do not To the CIA officers who serve in the as follows: know. All I can tell you is the people shadows, who intermingle with the A bill (S. 1474) to encourage the State of involved believed they were trying to most notorious in the world, who are Alaska to enter into intergovernmental defend the country and what they were always away from home never knowing agreements with Indian tribes, to improve doing was necessary. Did they get some if you are going back: Thank you. the quality of life in rural Alaska, to reduce good information? Probably so. Has it There is a debate about whether this alcohol and drug abuse, and for other pur- poses. been a net loser for us as a country? report is accurate line by line. I do not Absolutely so. All I can say is the tech- know. Is this the definitive answer to There being no objection, the Senate niques in question were motivated by the program’s problems? I do not know, proceeded to consider the bill, which fear of another attack, and people at but I do know the program hurt our had been reported from the Committee the time thought this was the best way country. on Indian Affairs, with an amendment to defend the Nation. I accept that on Those days are behind us. The good to strike all after the enacting clause their part. guys air their dirty laundry. I wished and insert in lieu thereof the following: But as a nation, I hope we have we had waited because the world is in S. 1474 learned the following: In this ideolog- such a volatile shape right now. I do SECTION 1. SHORT TITLE. ical struggle, good versus evil, we need fear this report will be used by our en- This Act may be cited as the ‘‘Alaska Safe to choose good. There is no shortage of emies. But I guess there is no good Families and Villages Act of 2014’’. people who will cut your head off. The time to do things like this. SEC. 2. FINDINGS AND PURPOSES. techniques in question are nowhere So to those who helped prepare the (a) FINDINGS.—Congress finds that— near what the enemies of this Nation report, I understand where you are (1) residents of remote Alaska villages suffer coming from. To those on my side who disproportionately from crimes and civil disturb- and radical Islam would do to people ances rooted in alcohol abuse, illicit drug use, under their control. There is no com- believe that we have gone too far, I un- suicide, and domestic violence; parison. derstand that too. But this has always (2) the alcohol-related suicide rate in remote The comparison is between who we been easy for me. I have been too asso- Alaska villages is 6 times the average in the are and what we want to be. In that re- ciated with the subject matter for too United States and the alcohol-related mortality gard, we made a mistake. No one is long. Every time our Nation cuts a cor- rate is 3.5 times that of the general population going to jail because they should not, ner, and every time we act out of fear of the United States; because the laws in question—the laws and abandon who we are, we always re- (3) Alaska Native women suffer the highest rate of forcible sexual assault in the United that existed at the time of this pro- gret it. That has happened forever. States and an Alaska Native woman is sexually gram—were, to be generous, vague. This is a step toward righting a wrong. assaulted every 18 hours; I spent about a year of my life with To our enemies: Take no comfort from (4) according to the Alaska Native Tribal Senator MCCAIN working with the Bush the fact that we have changed our pro- Health Consortium, one in two Alaska Native administration and colleagues on the gram. We are committed to your de- women experience physical or sexual violence; Democratic side to come up with the mise. We are committed to your incar- (5) according to the 2006 Initial Report and Detainee Treatment Act which clearly ceration and killing you on the battle- Recommendations of the Alaska Rural Justice puts people on notice of what you can field, if necessary. and Law Enforcement Commission, more than 95 percent of all crimes committed in rural Alas- and cannot do. Going forward we fixed To our friends, because we choose a ka can be attributed to alcohol abuse; this problem. How do I know it is a different path, do not mistake that for (6) the cost of drug and alcohol abuse in Alas- problem? I travel. I go to the Mideast a weakness. What we are doing today is ka is estimated at $525,000,000 per year; lot. I go all over the world. It was a not a sign of weakness. It is a sign of (7) there are more than 200 remote villages in problem for us. Whether we like it or the ultimate strength—that you can Alaska, which are ancestral homelands to In- not, we are seen as the good guys. I self correct, that you can reevaluate dian tribes and geographically isolated by riv- like it. and you can do some soul searching, ers, oceans, and mountains making most of Sometimes good people make mis- and you can come out with a better those villages accessible only by air; (8) small size and remoteness, lack of connec- takes. We have corrected the problem. product. The tools available to our in- tion to a road system, and extreme weather con- We have interrogation techniques now telligence community today over time ditions often prevent or delay travel, including that I think can protect the Nation and will yield better results, more reliable that of law enforcement personnel, into remote are within our values. The one thing I results. The example we are setting villages, resulting in challenging law enforce- want to stress to my colleagues is that will, over time, change the world. ment conditions and lack of ready access to the this is a war of an ideological nature. To defeat radical Islam you have to State judicial system; There will be no capital to conquer. We show separation. Today is a commit- (9) less than 1⁄2 of remote Alaska villages are are not going to take Tokyo. We are ment to show separation. The tech- served by trained State law enforcement entities and several Indian tribes provide peace officers not going to take Berlin. There is no niques they employ to impose their or tribal police without adequate training or air force to shoot down; there is no will have been used for thousands of equipment; navy to sink. You are fighting a radical years. They are always, over time, re- (10) the centralized State judicial system relies extreme ideology that is motivated by jected. The values we stand for—toler- on general jurisdiction Superior Courts in the

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regional hub communities, with only a handful (8) TRIBAL LAW PROGRAM.—The term ‘‘tribal (v) the adjudication by the Indian tribe of of staffed magistrate courts outside of the hub law program’’ means the Alaska Safe Families State drug- and alcohol-related misdemeanor of- communities; and Villages Tribal Law Program established fenses; (11) the lack of effective law enforcement and under section 5. (vi) the transfer of information and evidence accessible judicial services in remote Alaska vil- SEC. 4. ALASKA SAFE FAMILIES AND VILLAGES between tribal law enforcement entities and the lages contributes significantly to increased SELF GOVERNANCE INTERGOVERN- court system of the State; crime, alcohol abuse, drug abuse, domestic vio- MENTAL GRANT PROGRAM. (vii) the detention of offenders; lence, rates of suicide, poor educational achieve- (a) IN GENERAL.—The Attorney General shall (viii) searches and seizures of alcohol and ment, and lack of economic development; establish a program in the Office of Justice Pro- drugs at municipal and State airports; and (12) Indian tribes that operate within remote grams of the Department of Justice, to be known (ix) jurisdictional or financial matters. Alaska villages should be supported in carrying as the Alaska Safe Families and Villages Self (B) REMEDIES.—Subject to title II of Public out local culturally relevant solutions to effec- Governance Intergovernmental Grant Program, Law 90–284 (25 U.S.C. 1301 et seq. ) (commonly tively provide law enforcement in villages and to make grants to Indian tribes acting on behalf known as the ‘‘Indian Civil Rights Act of access to swift judicial proceedings; of 1 or more Indian tribes to assist Indian tribes 1968’’), an intergovernmental agreement de- (13) increasing capacities of local law enforce- in planning for and carrying out intergovern- scribed in paragraph (1) may include remedies ment entities to enforce local tribal laws and to mental agreements described in subsection (d). to be imposed by the applicable Indian tribe re- achieve increased tribal involvement in State (b) ADMINISTRATION.— lating to the enforcement of State law, includ- law enforcement in remote villages will promote (1) IN GENERAL.—Each Indian tribe desiring to ing— a stronger link between the State and village participate in the grant program shall submit to (i) restorative justice, including circle sen- residents, encourage community involvement, the Attorney General an application in accord- tencing; and create greater local accountability with re- ance with this section. (ii) community service; spect to violence and substance abuse; (2) ELIGIBILITY FOR GRANT PROGRAM.—To be (iii) fines; (14) the United States has a trust responsi- eligible to participate in the grant program, an (iv) forfeitures; bility to Indian tribes in the State; Indian tribe in the State shall— (v) commitments for treatment; (15) the report of the Indian Law and Order (A) request participation by resolution or (vi) restraining orders; Commission to the President and Congress enti- other official action by the governing body of (vii) emergency detentions; and tled ‘‘A Roadmap to Making Native America the Indian tribe; (viii) any other remedies agreed to by the Safer’’ and dated November 2013 found that the (B) have for the preceding 3 fiscal years no State and Indian tribe. crisis in criminal justice in the State is a na- uncorrected significant and material audit ex- (e) ANNUAL REPORT.— tional problem and urged the Federal Govern- ceptions regarding any Federal contract, com- (1) IN GENERAL.—Not later than May 1 of each ment and the State to strengthen tribal sov- pact, or grant; year, the Attorney General shall submit to the ereignty and self-governance and for Congress (C) demonstrate to the Attorney General suffi- Committee on Indian Affairs of the Senate and to create a jurisdictional framework to support cient governance capacity to conduct the grant the Committee on Natural Resources of the tribal sovereignty and expand the authority of program, as evidenced by the history of the In- House of Representatives an annual report Indian tribes in the State; and dian tribe in operating government services (in- that— (16) it is necessary to invoke the plenary au- cluding public utilities, children’s courts, law (A) describes the grants awarded under the thority of Congress over Indian tribes under ar- enforcement, social service programs, or other grant program; ticle I, section 8, clause 3 of the Constitution to activities); (B) assesses the effectiveness of the grant pro- improve access to judicial systems in remote (D) certify that the Indian tribe has entered gram; and Alaska Native villages and provide for the pres- into, or can evidence intent to enter into nego- (C) includes any recommendations of the At- ence of trained local law enforcement. tiations relating to, an intergovernmental agree- torney General relating to the grant program. (b) PURPOSES.—The purposes of this Act are— ment with the State described in subsection (d); (2) REQUIREMENTS.—Each report shall be pre- (1) to improve the delivery of justice in Alaska (E) meet such other criteria as the Attorney pared in consultation with the government of Native villages by— General may promulgate, after providing public each participating Indian tribe and the State. (A) encouraging the State and Indian tribes to notice and an opportunity to comment; and SEC. 5. ALASKA SAFE FAMILIES AND VILLAGES enter into intergovernmental agreements relat- (F) submit to the Attorney General of the SELF GOVERNANCE TRIBAL LAW ing to the enforcement and adjudication of State State a copy of the application. PROJECT. laws relating to drug and alcohol offenses; and (c) USE OF AMOUNTS.—Each participating In- (a) IN GENERAL.—The Attorney General shall (B) supporting Indian tribes in the State in dian tribe shall use amounts made available establish a project in the Office of Justice Pro- the enforcement and adjudication of tribal laws under the grant program— grams of the Department of Justice, to be known relating to child abuse and neglect, domestic vi- (1) to carry out a planning phase that may in- as the Alaska Safe Families and Villages Self olence, and drug and alcohol offenses; and clude— Governance Tribal Law Project, to make grants (2) to enhance coordination and communica- (A) internal governmental and organizational to Indian tribes acting on behalf of 1 or more In- tion among Federal, State, tribal, and local law planning; dian tribes to assist Indian tribes in planning enforcement agencies. (B) developing written tribal law or ordi- for and carrying out concurrent jurisdiction ac- SEC. 3. DEFINITIONS. nances, including tribal laws and ordinances tivities described in subsection (d). In this Act: detailing the structure and procedures of the (b) APPLICATION.— (1) ATTORNEY GENERAL.—The term ‘‘Attorney tribal court; (1) IN GENERAL.—Each Indian tribe desiring to General’’ means the Attorney General of the (C) developing enforcement mechanisms; and participate in the tribal law program shall sub- United States. (D) negotiating and finalizing any intergov- mit to the Attorney General an application in (2) GRANT PROGRAM.—The term ‘‘grant pro- ernmental agreements necessary to carry out accordance with this section. gram’’ means the Alaska Safe Families and Vil- this section; and (2) ELIGIBILITY.—To be eligible to participate lages Self Governance Intergovernmental Grant (2) to carry out activities of the Indian tribe in in the tribal law program, an Indian tribe in the Program established under section 4. accordance with an applicable intergovern- State shall— (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ mental agreement with the State. (A) request participation by resolution or has the meaning given the term in section 102 of (d) INTERGOVERNMENTAL AGREEMENTS.— other official action by the governing body of the Federally Recognized Indian Tribe List Act (1) IN GENERAL.—The State (including polit- the Indian tribe; of 1994 (25 U.S.C. 479a). ical subdivisions of the State) and Indian tribes (B) have for the preceding 3 fiscal years no (4) PARTICIPATING INDIAN TRIBE.—The term in the State are encouraged to enter into inter- uncorrected significant and material audit ex- ‘‘participating Indian tribe’’ means an Indian governmental agreements relating to the en- ceptions regarding any Federal contract, com- tribe selected by the Attorney General to partici- forcement of certain State laws by the Indian pact, or grant; pate in the grant program or the tribal law pro- tribe. (C) demonstrate to the Attorney General suffi- gram, as applicable. (2) CONTENTS.— cient governance capacity to conduct the tribal (5) REMOTE ALASKA VILLAGE.—The term ‘‘re- (A) IN GENERAL.—An intergovernmental agree- law program, as evidenced by the history of the mote Alaska village’’ means an Alaska Native ment described in paragraph (1) may describe Indian tribe in operating government services Village Statistical Area delineated for the Direc- the duties of the State and the applicable In- (including public utilities, children’s courts, law tor of the Census by the officials of the village dian tribe relating to— enforcement, social service programs, or other for the purpose of presenting data for the decen- (i) the employment of law enforcement offi- activities); nial census conducted under section 141(a) of cers, probation, and parole officers; (D) meet such other criteria as the Attorney title 13, United States Code. (ii) the appointment and deputization by the General may promulgate, after providing for (6) STATE.—The term ‘‘State’’ means the State State of tribal law enforcement officers as spe- public notice; and of Alaska. cial officers to aid and assist in the enforcement (E) submit to the Attorney General of the (7) TRIBAL COURT.—The term ‘‘tribal court’’ of the criminal laws of the State; State a copy of the application submitted under means any court, council, or a mechanism of (iii) the enforcement of punishments imposed this section. any court or council sanctioned by an Indian by the Indian tribe under tribal law; (3) ADDITIONAL SUBMISSIONS.—On completion tribe for the adjudication of disputes, including (iv) the transfer of enforcement duties for of the planning phase described in subsection the violation of tribal laws, ordinances, and reg- State drug- and alcohol-related misdemeanor of- (c), the Indian tribe shall provide to the Attor- ulations. fenses to the Indian tribe; ney General—

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 6333 E:\CR\FM\A09DE6.004 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6416 CONGRESSIONAL RECORD — SENATE December 9, 2014 (A) the constitution of the Indian tribe or Committee on Indian Affairs of the Senate and SEC. 7. TECHNICAL ASSISTANCE. equivalent organic documents showing the the Committee on Natural Resources of the (a) IN GENERAL.—The Attorney General may structure of the tribal government and the House of Representatives a brief annual report enter into contracts with Indian tribes in the placement and authority of the tribal court that— State to provide— within that structure; (A) details the activities carried out under the (1) training and technical assistance on tribal (B) written tribal laws or ordinances gov- tribal law program; and court development to any Indian tribe in the erning tribal court procedures and the regula- (B) includes an assessment and any rec- State; and tion and enforcement of child abuse and neglect, ommendations of the Attorney General relating (2) the training for proper transfer of evidence domestic violence, drugs and alcohol, and re- to the tribal law program. and information— lated matters; and (2) REQUIREMENTS.—Each report shall be pre- (A) between tribal and State law enforcement (C) such other information as the Attorney pared— entities; and General may, by public notice, require. (A) in consultation with the government of (B) between State and tribal court systems. (c) PLANNING PHASE.— each participating Indian tribe; and (b) COOPERATION.—Indian tribes may cooper- (1) IN GENERAL.—Each participating Indian (B) after the participating Indian tribe and ate with other entities for the provision of serv- tribe shall complete a planning phase that in- the State have an opportunity to comment on ices under the contracts described in subsection cludes— the report. (a). (A) internal governmental and organizational SEC. 6. ADMINISTRATION. SEC. 8. FUNDING. planning; (a) EFFECT OF ACT.—Nothing in this Act— The Attorney General shall use amounts made (B) developing written tribal law or ordi- (1) limits, alters, or diminishes the civil or available to the Attorney General for the Office nances detailing the structure and procedures of criminal jurisdiction of the State, any subdivi- of Justice Programs to carry out this Act. the tribal court; and sion of the State, or the United States; SEC. 9. REPEAL OF SPECIAL RULE FOR STATE OF (C) enforcement mechanisms. (2) limits or diminishes the jurisdiction of any ALASKA. (2) CERTIFICATION.— Indian tribe in the State, including inherent Section 910 of the Violence Against Women (A) IN GENERAL.—Not later than 120 days and statutory authority of the Indian tribe over Reauthorization Act of 2013 ( 18 U.S.C. 2265 after receiving an application under subsection alcohol, and drug abuse, child protection, child note; Public Law 113–4 ) is repealed. (b), the Attorney General shall certify the com- custody, and domestic violence (as in effect on pletion of the planning phase under this sec- Mr. BEGICH. I further ask unani- the day before the date of enactment of this tion. mous consent that the committee-re- Act); (B) TIMING.—The Attorney General may make (3) creates a territorial basis for the jurisdic- ported substitute amendment be with- a certification described in subparagraph (A) on tion of any Indian tribe in the State (other than drawn, the Begich substitute amend- the date on which the participating Indian tribe as provided in section 5) or otherwise establishes ment, which is at the desk, be agreed submits an application under subsection (b) if Indian country (as defined in section 1151 of to, the bill, as amended, be read a third the Indian tribe demonstrates to the Attorney title 18, United States Code) in any area of the General that the Indian tribe has satisfied the time and passed, the title amendment, State; requirements of the planning phase under para- which is at the desk, be agreed to, and (4) confers any criminal jurisdiction on any the motions to reconsider be consid- graph (1). Indian tribe in the State unless agreed to in an (d) CONCURRENT JURISDICTION.— ered made and laid upon the table with intergovernmental agreement described in sec- (1) IN GENERAL.—Unless otherwise agreed to no intervening action or debate. by the Indian tribe in an intergovernmental tion 4(d); (5) diminishes the trust responsibility of the The PRESIDING OFFICER. Without agreement, beginning 30 days after the date on United States to Indian tribes in the State; objection, it is so ordered. which the certification described in subsection (6) abridges or diminishes the sovereign immu- The committee-reported substitute (c)(2) is made, the participating Indian tribe nity of any Indian tribe in the State; may exercise civil jurisdiction, concurrent with amendment was withdrawn. (7) alters the criminal or civil jurisdiction of the State, in matters relating to child abuse and The amendment (No. 3981) in the na- the Metlakatla Indian Community within the neglect, domestic violence, drug-related offenses, ture of a substitute was agreed to, as Annette Islands Reserve (as in effect on the date and alcohol-related offenses over— follows: before the date of enactment of this Act); or (A) any member of, or person eligible for mem- (8) limits in any manner the eligibility of the (Purpose: In the nature of a substitute) bership in, the Indian tribe; and State, any political subdivision of the State, or Strike all after the enacting clause and in- (B) any nonmember of the Indian tribe, if the any Indian tribe in the State, for any other Fed- sert the following: nonmember resides or is located in the remote eral assistance under any other law. Alaska Native village in which the Indian tribe SECTION 1. REPEAL OF SPECIAL RULE FOR (b) NO LIABILITY FOR THE STATE OF ALASKA.— STATE OF ALASKA. operates. The State, including any political subdivision of Section 910 of the Violence Against Women (2) SANCTIONS.—A participating Indian tribe the State, shall not be liable for any act or omis- exercising jurisdiction under paragraph (1) shall Reauthorization Act of 2013 (18 U.S.C. 2265 sion of a participating Indian tribe in carrying impose such civil sanctions as the tribal court note; Public Law 113–4) is repealed. out this Act, including any act or omission of a has determined to be appropriate, consistent The bill (S. 1474), as amended, was or- participating Indian tribe undertaken pursuant with title II of Public Law 90–284 (25 U.S.C. 1301 dered to be engrossed for a third read- to an intergovernmental agreement described in et seq.) (commonly known as the ‘‘Indian Civil section 4(d). ing, was read the third time and Rights Act of 1968’’) and tribal law, including— (c) REGULATIONS.—The Attorney General passed. (A) restorative justice, including community The title amendment (No. 3982) was or circle sentencing; shall promulgate such regulations as the Attor- (B) community service; ney General determines are necessary to carry agreed to, as follows: (C) fines; out this Act. (Purpose: To amend the title) (d) ELIGIBILITY FOR FEDERAL PROGRAMS.— (D) forfeitures; Amend the title so as to read: ‘‘A bill to (1) IN GENERAL.—Participating Indian tribes (E) commitments for treatment; amend the Violence Against Women Reau- shall be eligible for the same tribal court and (F) restraining orders; thorization Act of 2013 to repeal a special law enforcement programs and level of funding (G) emergency detentions; and rule for the State of Alaska, and for other (H) any other remedies the tribal court deter- from the Bureau of Indian Affairs as are avail- purposes.’’. mines are appropriate. able to other Indian tribes. (3) INCARCERATION.—A person shall not be in- (2) APPLICABILITY IN THE STATE.—Nothing in The PRESIDING OFFICER. The Sen- carcerated by a participating Indian tribe exer- this Act limits the application in the State of— ator from Rhode Island. cising jurisdiction under paragraph (1) except (A) the Tribal Law and Order Act of 2010 f pursuant to an intergovernmental agreement de- (Public Law 111–211; 124 Stat. 2261); scribed in section 4(d). (B) the Violence Against Women Reauthoriza- SSCI STUDY OF THE CIA’S RETEN- (4) EMERGENCY CIRCUMSTANCES.—Nothing in tion Act of 2013 (Public law 113–4; 127 Stat. 54); TION AND INTERROGATION PRO- this subsection prevents a participating Indian or GRAM tribe exercising jurisdiction under paragraph (1) (C) any amendments made by the Acts re- from— ferred to in subparagraphs (A) and (B). Mr. WHITEHOUSE. Madam Presi- (A) assuming protective custody of a member (e) FULL FAITH AND CREDIT.— dent, while Chairman FEINSTEIN and of the Indian tribe or otherwise taking action to (1) IN GENERAL.—Each of the 50 States shall Chairman ROCKEFELLER are still here prevent imminent harm to that member or oth- give full faith and credit to all official acts and on the floor, may I just take a moment ers; and decrees of the tribal court of a participating In- to thank them for the work they did on (B) taking immediate, temporary protective dian tribe to the same extent and in the same this report. I am very proud of the measures to address a situation involving an im- manner as that State accords full faith and moral certainty of leadership that both minent threat of harm to a member of the Indian credit to the official acts and decrees of other tribe by a nonmember. States. Chairman ROCKEFELLER and Chairman (e) ANNUAL REPORT.— (2) OTHER LAWS.—Nothing in this subsection FEINSTEIN showed. (1) IN GENERAL.—Not later than May 1 of each impairs the duty of the State to give full faith It was, as they know better than I, year, the Attorney General shall submit to the and credit under any other law. through many troubles, toils, and

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.004 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6417 snares, that this report was able to be American or other Western captives ever interviewed in this study being produced. I could not be happier that overseas. It will endanger CIA per- done. This is a poor excuse for the type we made it public while Senator sonnel, sources, and future intelligence of oversight the Congress should be ROCKEFELLER remains a Member of this operations. This report will damage conducting. body and has the chance to participate our relationship with several signifi- There is no doubt that the CIA’s de- in this. cant international counterterrorism tention and interrogation program— I join Chairman FEINSTEIN in recog- partners at a time when we can least which was hastily executed in the nizing the exceptional work of the In- afford it. Even worse, despite the fact aftermath of the worst terrorist attack telligence Committee staff: David, that the administration and many in in our Nation’s history—had flaws. The Dan, Alissa—who is not with us any the majority are aware of these con- CIA has admitted as much in its June longer. I thank you for mentioning An- sequences, they have chosen to release 27, 2013, response to the study. There is drew Grotto, who was my staff mem- the report today. also no doubt that there were instances ber, who worked on this report. I feel The United States today is faced in which CIA interrogators exceeded we have done a very good thing here. I with a wide array of security chal- their authorities and certain detainees appreciate very much in particular lenges across the globe, including in may have suffered as a result. However, Senator MCCAIN coming forward. He Afghanistan, Pakistan, Syria, Iraq, the executive summary and findings brings a unique moral perspective and Yemen, north Africa, Somalia, and conclusions released today contain force to this conversation. He has Ukraine, and the list goes on. Instead a disturbing number of factual and an- wielded that moral perspective and of focusing on the problems right in alytical errors. These factual and ana- force with great courage. front of us, the majority side of the In- lytical shortfalls ultimately led to an I yield the floor. telligence Committee has spent the unacceptable number of incorrect last 5 years and over $40 million fo- claims and invalid conclusions that I f cused on a program that effectively cannot endorse. RECESS ended over 8 years ago, while the world The study essentially refuses to admit that CIA detainees—especially The PRESIDING OFFICER. Under around us burns. In March 2009, when the committee CIA detainees subjected to enhanced the previous order, the Senate stands first undertook the study, I was the interrogation techniques—provided in- in recess until 2 p.m. only member of the Intelligence Com- telligence information which helped Thereupon, the Senate, at 1:11 p.m., mittee who voted against moving for- the U.S. Government and its allies to recessed until 2 p.m. and reassembled ward with it. I believed then, as I still neutralize numerous terrorist threats. when called to order by the Presiding do today, that vital committee and in- On its face, this refusal does not make Officer (Ms. BALDWIN). telligence community resources would sense given the vast amount of infor- f be squandered over a debate that Con- mation gained from these interroga- MORNING BUSINESS gress, the executive branch, and the tions, the thousands of intelligence re- Supreme Court had already settled. ports that were generated as a result of The PRESIDING OFFICER. Who This issue has been investigated or re- them, the capture of additional terror- yields time? viewed extensively by the executive ists, and the disruption of the plots If no one yields time, time will be branch, including criminal investiga- those captured terrorists were plan- equally charged to both sides. tions by the Department of Justice, the ning. The Senator from Georgia. Senate Armed Services Committee, the Instead of acknowledging these reali- f International Committee of the Red ties, the study adopts an analytical ap- Cross, as well as other entities. proach designed to obscure the value of SSCI STUDY OF THE CIA’S DETEN- Congress has passed two separate the intelligence obtained from the pro- TION AND INTERROGATION PRO- acts directly related to detention and gram. For example, the study falsely GRAM interrogation issues—specifically, the claims that the use of enhanced inter- Mr. CHAMBLISS. Madam President, Detainee Treatment Act of 2005 and the rogation techniques played ‘‘no role’’ I rise today as the vice chairman of the Military Commissions Act of 2006. The in the identification of Jose Padilla be- Senate Select Committee on Intel- executive branch terminated the CIA cause Abu Zubaydah, a senior member ligence to respond to the public release program and directed that future inter- of Al Qaeda with direct ties to Osama of the declassified version of the execu- rogations be conducted in accordance bin Laden, provided the information tive summary and findings and conclu- with the U.S. Army Field Manual on about Padilla during an interrogation sions from the committee’s study of Interrogation. Also, the Supreme Court by FBI agents who were ‘‘exclusively’’ the CIA’s detention and interrogation decided Rasul v. Bush in 2004, Hamdi v. using what is called ‘‘rapport-building’’ program. Rumsfeld in 2004, Hamdan v. Rumsfeld techniques against him more than 3 This is not a pleasant duty for me. in 2006, as well as Boumediene v. Bush months prior to the CIA’s ‘‘use of DOJ- During my 4 years as the vice chair- in 2008, all of which established that approved enhanced interrogation tech- man of the Intelligence Committee, I detainees were entitled to habeas cor- niques.’’ What the study ignores, how- have enjoyed an excellent relationship pus review and identified certain defi- ever, is the fact that Abu Zubaydah’s with our chairman, Senator DIANNE ciencies in both the Detainee Treat- earlier interrogation in April of 2002 FEINSTEIN. We have worked closely to ment Act and the Military Commis- actually did involve the use of interro- conduct strong bipartisan oversight of sions Act. gation techniques that were later in- the U.S. intelligence community, in- By the time I became the vice chair- cluded in the list of enhanced interro- cluding the passage and enactment of man, the minority had already with- gation techniques. Specifically, the significant national security legisla- drawn from active participation in the facts demonstrate that Abu Zubaydah tion. However, this particular study study as a result of Attorney General was subjected to ‘‘around the clock’’ has been one of the very, very few Holder’s decision to reopen the crimi- interrogation that included more than areas where we have never been able to nal inquiry related to the interrogation 4 days of dietary manipulation, nudity, see eye-to-eye. of certain detainees in the CIA’s deten- and more than 126 hours—which is Putting this report out today is tion program. This unfortunate deci- about 5 days—of sleep deprivation dur- going to have significant consequences. sion deprived the committee of the ing a 136-hour period by the time the In addition to reopening a number of ability to interview key witnesses who FBI finished up the 8.5-hour interroga- old wounds both domestically and participated in the CIA program and tion shift in which Abu Zubaydah fi- internationally, it could be used to in- essentially limited the committee’s nally yielded the identification of Jose cite unrest and even attacks against study to the review of a cold documen- Padilla. So during a 5-day time period, our servicemembers, other personnel tary record. Now, how can any credible Abu Zubaydah got less than 10 hours of overseas, and our international part- investigation take place without inter- sleep, yet the majority does not ac- ners. This report could also stoke addi- viewing witnesses? This is a 6,000-page knowledge that this was an enhanced tional mistreatment or death for report, and not one single witness was interrogation. In light of these facts,

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As a general More important, the actionable intel- read two pages of our minority views. rule, I want our committee findings, ligence gleaned from the enhanced in- Pages 96 and 97 delineate exactly a conclusions, and recommendations to terrogation of Abu Zubaydah that chronology of significant intelligence be unassailable in every investigation started in April of 2002 served as the that allowed for the takedown of indi- we conduct. Unfortunately, that didn’t foundation for the capture of addi- viduals. happen, and I am very concerned about tional terrorists and the disruption of It seems as though the study takes the unintended consequences that will the plots those captured terrorists every opportunity to unfairly portray result from the study’s erroneous and were planning. His information was the CIA in the worst light possible, pre- inflammatory conclusions. also used to gather additional action- supposing improper motivations and I imagine some members of the able intelligence from these newly cap- the most detestable behavior at every media may choose to repeat the study’s tured terrorists, which in turn led to a turn. The very enemies whom the pro- false headlines contained in the report series of successful capture operations gram helped keep at bay for all of without checking the underlying facts. and plot disruptions. By the study’s those years, as well as adversarial na- By doing so they will only be damaging own count, the numerous interroga- tions, will be able to exploit what is es- their own credibility. I invite anyone tions of Abu Zubaydah resulted in 766 sentially a dangerously insightful and who reads the study’s executive sum- sole-source disseminated intelligence instructive treasure trove of informa- mary and findings and conclusions to reports. That is an awful lot of action- tion about our intelligence operations. pay particular attention to how often able intelligence collected under the I am all for pointing out and correcting the text uses absolutes, such as CIA program that this study tries to problems with the intelligence commu- ‘‘played no role,’’ ‘‘no connection’’ or quietly sweep under the carpet in an ef- nity and I have been very outspoken on ‘‘no indication.’’ Please then read our fort to support its false headline that some of them, but I prefer our over- minority views to find the clear the CIA’s use of enhanced interroga- sight be conducted quietly and in a counter examples that disprove most of tion techniques was not effective. manner that does not jeopardize the these absolute claims. I suspect the The study also overlooks several cru- national security of the United States. readers who make this effort will be cial intelligence successes that pre- Ultimately, our minority views ex- disappointed, as I was, that this study vented terror attacks against the amined eight of the study’s most prob- makes so many inaccurate claims and United States and our allies around the lematic conclusions, many of which at- conclusions. world. Al Qaeda-affiliated extremists tack the CIA’s integrity and credibility Our minority views also explain how subjected to the program’s enhanced in developing and implementing the this study was crippled by numerous interrogation techniques made admis- program. These problematic claims and procedural irregularities that ham- sions that led to the identification of conclusions created the false impres- pered the committee’s ability to con- the man responsible for plotting the sion that the CIA was actively mis- duct a fair and objective review of the September 11 attacks, Khalid Shaikh leading policymakers and impeding the CIA’s detention and interrogation pro- Mohammed, or KSM. counterterrorism efforts of other Fed- The program also helped stop ter- gram. These procedural defects re- eral Government agencies during the sulted in a premature committee vote rorist attacks in the U.S. homeland program’s operation. We found these and against our military forces over- in December of 2012 to approve the claims and conclusions were largely study before the text was adequately seas. Al Qaeda affiliate Abu Zubaydah’s not supported by the documentary statements to interrogators led to the reviewed by the committee member- record and were based upon flawed rea- ship or subjected to a routine fact identification of Jose Padilla—an Al soning. Qaeda operative tasked with con- check by the intelligence community. Specifically, we found that: Typically, once a Senate committee ducting a terrorist attack inside the No. 1, the CIA’s detention and inter- United States. The interrogation of report has been approved, staff are only rogation program was effective and authorized to make technical and con- KSM and Guleed Hassan Ahmed dis- produced valuable and actionable intel- rupted Al Qaeda’s plotting against forming changes. The executive sum- ligence. mary and findings and conclusions re- Camp Lemonier in Djibouti, a critical No. 2, most of the CIA’s claims of ef- leased this week have undergone such base of operations in the war on terror fectiveness with respect to the use of extensive and unprecedented revisions in Africa and at that time home to EITs were accurate. some 1,600 U.S. military personnel. No. 3, the CIA attempted to keep the since the study was approved back in There is no telling how many lives this Congress informed of its activities and December of 2012 that the traditional program saved in those particular in- did so on a regular basis. As a member concept of technical and conforming terrogations alone. of the committee, I can attest to that. changes has now been rendered mean- Intelligence gathered under the de- No. 4, the CIA did not impede White ingless. Amazingly, the majority made tention and interrogation program also House oversight. The White House was significant changes in the substance of prevented terrorist attacks on our al- very involved in doing oversight of the the study for months after it was voted lies in the United Kingdom. Terrorist program. on by the committee. In addition, after plots against London’s Heathrow Air- No. 5, the CIA was not responsible we submitted our minority views, the port and Canary Wharf—a major Lon- nor did it have control over sharing or majority staff then went back and don financial center—were disrupted dissemination of information to other made a few changes to specifically cor- because key conspirators were appre- executive branch agencies or to mem- rect some of the more blatant errors hended and questioned on the basis of bers of the Principals Committee. that we identified in the views and that intelligence gathered using several in- No. 6, many of the study’s claims the CIA identified in their review. terrogation techniques, including en- about the CIA providing inaccurate in- While I am pleased our views led to hanced interrogation techniques. formation to the Department of Jus- some minor improvements in the Finally, information from detainees tice were themselves totally inac- study, those untimely changes required held in the program was critical to curate. us to add text explaining the validity ascertaining the true significance of No. 7, the CIA did not significantly of our initial conclusions and criti- Abu Ahmed al-Kuwaiti, the Al Qaeda impede oversight by the CIA Office of cisms. Simply put, the documents re- facilitator who served as Osama bin the Inspector General. leased today are very different from Laden’s personal courier and the man No. 8, the White House determined the documents that were approved al- who ultimately lead CIA intelligence that the CIA would have the lead on most exactly 2 years ago by the com- analysts and the Navy Seals to bin dealing with the media regarding de- mittee at the end of the last Congress Laden himself. tainees. on a partisan basis. For anyone interested in a nice, These findings are not meant as a de- Another significant weakness of this chronological survey of the significant fense of the CIA. The CIA is fully capa- study is its disregard of the context

VerDate Sep 11 2014 02:10 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.031 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6419 under which the CIA’s detention and obtain the actionable intelligence in- I was also proud to join MIKE as an interrogation program was developed. formation needed to neutralize these original cosponsor of his bill, the Two- It is critical to remember that the in- dangerous terrorist organizations. Year Regulatory Freeze Act of 2011, telligence community was inundated While there is no doubt there were in- which sought to give the American by a surge of terrorist threat reporting deed moments during the CIA deten- economy a much needed reprieve to after the September 11 attacks. The tion and interrogation program where burdensome and confusing Federal reg- fear of a follow-on attack was perva- interrogators exceeded their authorized ulations that frequently hinder eco- sive, and it was genuine. The Nation limits, such instances were relatively nomic growth. MIKE was also an origi- was traumatized by the horrific mur- few and far between. nal cosponsor of the Jobs Through ders of nearly 3,000 Americans and at In this, my last week of service on Growth Act, and many others. the CIA there was no greater impera- the floor of the U.S. Senate and as the I am also grateful that he joined in tive than stopping another attack from vice chairman of the Intelligence Com- helping replenish the Forest Service’s happening. This context is entirely ab- mittee, I wish to thank the men and aging air tanker fleet. A decade ago the sent from the study. women of the CIA and the rest of the Forest Service had roughly 40 large air In addition, everyone must remember intelligence community and the mem- tankers to fight wildfires that burned that the CIA was directed to conduct bers of our Armed Forces who have millions of acres of land across West- this program by the President. I have served us so well since the 9/11 terrorist ern States, including Nebraska and Ar- spoken with a number of CIA officers attacks. Their efforts and their sac- izona. over the years who remember the con- rifices have not gone unnoticed. I will Today they own eight large air tank- tentious debates about the program at be forever grateful for their patriotic ers. Senator JOHANNS and I saw an op- the time it was being considered, but service to our beloved country. May portunity to transfer several excess De- at the end of the day the Agency did God bless them all and may God bless partment of Defense aircraft to the what the President directed them to do the United States of America. Forest Service to temporarily address under the color of law and based upon I yield the floor. this shortage, and that has happened. opinions issued and updated by the De- The PRESIDING OFFICER. The Sen- While MIKE and I have had disagree- partment of Justice. ator from Arizona. ments along the way, I have always re- Many of my colleagues continue to f spected his knowledge and experience discuss the brutality of many of the en- TRIBUTES TO MIKE JOHANNS as a farmer, foreign trade expert, and hanced interrogation techniques. I the Nation’s former Agriculture Sec- Mr. MCCAIN. Madam President, I agree that waterboarding, which only come to the floor to praise the public retary. I am proud of the areas where we occurred against three detainees, is service of and bid farewell to my friend agree: reining in certain farm subsidy particularly severe. Many of the other and valued colleague from Nebraska, techniques were not. By comparison, programs, advocating for free trade Senator MIKE JOHANNS. KSM, who was one of the detainees who With my remarks, I celebrate not agreements with Colombia, Panama, was subjected to waterboarding, per- just MIKE’s last 6 years in the Senate and South Korea, and even working to- sonally beheaded Wall Street Journal but also his 30-plus years in public gether to kill the proposed USDA cat- reporter Daniel Pearl, and a number of service that will culminate with the fish office—a little known $15 million other U.S. citizens have been tortured end of this term. program inside the last farm bill that and beheaded by Al Qaeda-inspired At the highest levels of government we both highlighted as wasting tax- groups since. in both the legislative and executive payer money and that, from a trade In my opinion, the current threat branches, MIKE’s life of public service perspective, was negatively impacting level posed by ISIL and other Al Qaeda- has been punctuated by great accom- our cattlemen and soy farmers. affiliated terrorist groups may be plishment. From the Lancaster County We also agree on the need to help re- greater today than what we faced prior Board in Nebraska to the Lincoln City turning veterans seeking to reenter the to the 9/11 terrorist attacks. They are Council, from his service as mayor of workforce as beginning farmers, an ef- better funded, better equipped, and Lincoln to his service as the 38th Gov- fort he championed in our last farm have recruited hundreds of terrorists ernor of Nebraska, from his service as bill. I have long applauded Senator who have American as well as Euro- the 28th U.S. Secretary of Agriculture JOHANNS for calling on Congress to pass pean passports. ISIL terrorists are and throughout his tenure in the Sen- laws to stop farm subsidies from going using social media to encourage new ate, MIKE has demonstrated a commit- to millionaires while he was a sitting recruits to conduct ‘‘lone wolf’’ attacks ment to those with muted voices in our Secretary of Agriculture. in their home countries such as the political system, including small busi- As much as I respect the substance of United States. They are murdering and ness owners, veterans, those impaired MIKE’s accomplishments in public serv- beheading captured hostages and plan- by mental illness and most certainly ice, I have valued how he has achieved ning terrorist attacks against U.S. citi- America’s farmers and ranchers. them with a quiet, purposeful dignity zens. In the Senate, MIKE’s leadership and and, indeed, a vibrant sense of humor. In light of these significant threats, bipartisan efforts to repeal purposeless He has never been opposed to bipar- the President is still attempting to tax reporting requirements in tisan cooperation whenever it is needed make good on a misguided campaign ObamaCare, his championing new trade to further the interests of his constitu- promise to close down Guantanamo agreements, and his contribution to ents or the greater Nation. Bay. It doesn’t seem to matter to him the development and final passage of a For these reasons, his approach to that we are now down to the worst of new farm bill this year all describe a governance in legislating has earned the worst or that his own review strong conservative legislator com- him the respect of colleagues and con- groups have strongly recommended mitted to stimulating economic growth stituents across the political con- against the release of these remaining through reduced government spending, tinuum. It should also serve as an ex- terrorists. Instead, he has returned to lower tax rates, and reduced regulatory ample to all of us in this body who re- the pre-9/11 practice of treating terror- burdens on American business. main behind. ists like ordinary criminals. We are I have appreciated MIKE’s partner- In an email MIKE wrote to his friends reading terrorists their Miranda rights ship on key legislation, including his last February announcing his decision instead of conducting extended intel- joining me to cosponsor the bipartisan not to seek reelection in 2014, MIKE ligence interrogations to develop ac- Congressional Accountability and wrote: ‘‘With everything in life, there tionable intelligence that might lead Line-Item Veto Act of 2009. During the is a time and a season.’’ to additional captures or plot disrup- 112th Congress, we were both cospon- Well, to my friend and valued col- tions. sors of the Foreign Earnings Reinvest- league, MIKE JOHANNS, I bid fair winds I think we would be better off if we ment Act, a bipartisan effort to let cor- and following seas in all that he and were to return to a mindset where we porations reinvest earnings kept over- his lovely wife Stephanie do, and I attempt to capture the enemy and use seas by our high corporate tax rates thank him for his service and his authorized interrogation techniques to back into the American economy. friendship.

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.033 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6420 CONGRESSIONAL RECORD — SENATE December 9, 2014 The PRESIDING OFFICER. The Sen- FAREWELL TO THE SENATE blessed by the privilege of meeting ator from Georgia. Mr. JOHANNS. I wish to start by some very extraordinary people. Mr. CHAMBLISS. Madam President, saying I so appreciate the kind words In my various roles I have been with I rise and second what my friend and by Senators MCCAIN, CHAMBLISS, and world leaders, spiritual heads, cultural colleague from Arizona said. ISAKSON. I see there are others in the icons, Presidents, Vice Presidents, It has been a privilege of mine to Chamber who may weigh in and offer a Prime Ministers, Queens, and Kings— serve in this body for 12 years—and I thought or two. I can’t express how all memorable experiences to be sure. will be making some comments about much I appreciate it. But I will say they are not the extraor- that tomorrow—but during my early I would like to offer a few thoughts— dinary people I speak about today. My years in the Senate the Secretary of my farewell thoughts—today. real inspiration comes from ordinary Agriculture was Secretary MIKE I rise, first, to convey a very deep people whom I have observed and JOHANNS. and sincere appreciation to the people watched do remarkable, extraordinary Being a very active member of the of a really great State, the State of Ne- things. Agriculture Committee and being braska. They have entrusted me with Each year for the past 6 years, I have chairman for 2 years during then-Sec- the high privilege and the solemn re- had the privilege of selecting a Ne- retary JOHANN’s tenure, I had the op- sponsibility of representing them in braska family to be honored as ‘‘Angels portunity to work with MIKE on a day- this body. in Adoption.’’ Each year their stories to-day basis and, boy, what a pleasure I am honored to have served as a Sen- of unconditional love show the limit- it is to work with one of the finest gen- ator from Nebraska, and I hope and less capacity of the human heart. tlemen and public servants I have ever pray that I have done so in a manner One family, the Welchels of Harris- known. He is smart, and he is political that upholds the high standards that burg, NE, went from two children to when he needs to be political, but he Nebraskans have rightly established seven. They adopted five children, all has as much or more common sense as, for their elected office holders. with special needs, but their selfless- If I could turn back the clock 32 again, any public servant I have ever ness did not stop there. They created a years I would do it again—from my known. camp where these very special kids first day as the county commissioner, For the past 6 years, he has been my could share life’s journeys. How power- throughout my service as a Lincoln next-door neighbor in the Russell ful is that? City Council member, as mayor of our building, so we see a lot of each other I have learned that heroes walk capital city, Lincoln, as the Governor among us daily whose courage is re- coming and going and have the oppor- of Nebraska, in President Bush’s Cabi- tunity to visit on a regular basis. vealed in split-second decisions, and in net, and now as a Senator. No doubt that split second they put the lives of As I leave at the end of this term, about it, if I could turn back the clock, one of the real Members of the Senate others in front of their own. I would just do it again. Two Nebraskans did exactly that in I am going to miss is MIKE JOHANNS. I I am so grateful for the trust placed 2012. A school bus had collided with a publicly thank him for his service and in me and the support of so many peo- semitrailer on a rural road near a com- thank him for his commitment. I wish ple who have made this service pos- munity called Blue Hill, NE. These in- him and Stephanie the best, but what I sible. dividuals, Ron Meyer and Phil Petr, ar- really thank him for is the great Let me start with the top of the list, rived on this horrific scene. They friendship he and I developed over the and that would be my family. My wife, bravely ran onto that burning bus and years. Stephanie, has been an incredible pillar pulled five children to safety. A wit- The PRESIDING OFFICER. The Sen- of support. ness who was there at the scene ex- ator from Georgia. One of my best friends refers to her pressed absolutely no doubt those five as ‘‘spirited.’’ That would be an under- Mr. ISAKSON. Madam President, I children would have perished, as others statement. She is a true partner. She join the Senator from Arizona and the sadly did, if not for the remarkable has given her whole heart to public Senator from Georgia—my senior Sen- courage of Ron and Phil. service—both her own service as a ator, Mr. CHAMBLISS—to rise for a I have been so moved beyond words State senator and as a county commis- minute and talk about MIKE JOHANNS. by my conversations with the parents sioner when we first met—and to mine. I want to amend that. I don’t want to of our fallen men and women in uni- just talk about MIKE JOHANNS, I want I thank my children, Justin and Michaela, who are now grown up. They form. I would call them to offer them to talk about him and Stephanie my condolences, and I have found their Johanns. have their own families. We have five beautiful grandchildren. They have strength to be so astounding. To a per- In the South what we have is what son, they speak with such passion we call a two-for. MIKE and Stephanie been a source of true joy and pride. They too have cheerfully supported me about love of country and pride in their are a two-for. They are a great pair for loved one’s service, despite sorrow. America, and they are a great pair for despite the sometimes long hours and the missed birthdays—I could go on They honor their children with their the State of Nebraska. patriotism. They honor their children As a Senator from an agricultural and on. It cut into that dad and grandpa time. with their fortitude. Their grace State, I know the value that MIKE I offer a special word of thanks to the through incomprehensible grief in- brought to the Cabinet of the United hundreds or thousands of volunteers spires immeasurable gratitude. May States when he was Secretary of Agri- whom I could never thank individually. God bless them and all of the families culture. They went out there, pounded the yard of the fallen. I know from his serving the State of signs, walked the precincts, worked the Walking the streets of a tornado-rav- Nebraska when he was Governor what a phone banks, and they probably wrote aged community—and I have done that great job they did. I know the past 6 checks when the bank account was too many times as Governor and as a years, working side-by-side with MIKE pretty low. Their belief in me is what Senator—I saw ordinary people doing JOHANNS has been a real treat. He is a has been inspiring in those campaigns. extraordinary things. gentleman, and he is a scholar. He Another group of people near and One stands out especially in my doesn’t do anything where he doesn’t dear to my heart are my current and mind. I watched in amazement as Kim know what he is doing, and if he is not former staff, campaign or government Neiman, the Pilger, NE, city clerk, at- always right, he is almost always right related. We have always called our- tempted to take care of every conceiv- because he always has Stephanie there selves Team Johanns. It is an extended able need of every single resident fol- to guide him in the right direction. family and for good reason. Their hard lowing a devastating tornado that lit- I pay tribute to a great Senator, and work, their commitment, and their erally leveled this Nebraska commu- a great personal friend, MIKE JOHANNS, professionalism enabled me to rep- nity. and his lovely wife Stephanie. resent and serve our great State and Her tireless advocacy, her raw deter- I yield the floor. our country. mination was focused entirely on the The PRESIDING OFFICER. The Sen- I have not only been truly blessed by community she loved. She had vir- ator from Nebraska. the privilege to serve, but I have been tually no regard for her personal loss.

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.040 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6421 You see, her home was destroyed, and Mrs. FISCHER. Madam President, I opening doors to new global markets her life was turned upside down by this rise today to celebrate the legacy of for our Nation’s ag producers. tornado as well. But for Kim, commu- my dear friend, my colleague, and my As Secretary of Agriculture, he saw nity came first. fellow Nebraskan, Senator MIKE firsthand the challenges facing hungry These are good people, and there are JOHANNS. nations. It was in this role that he fell so many more like them. They inspired Senator JOHANNS has dedicated more in love with the people of Africa, and me, and they have motivated me to than three decades of his life to serving he has worked here in the Senate to de- search for solutions to break through the people of Nebraska and also this velop food aid programs that not only partisan rancor that too often domi- Nation. His career in public service feed but also empower hungry popu- nates this government. began at the local level, where he was lations around the world. But they also fuel my optimism for elected to the Lancaster County Board Senator JOHANNS has tirelessly the future. You see, I believe that of Commissioners. He later joined the worked for our State and our Nation. America’s strength is in the fabric of Lincoln City Council, and eventually He brought to the Senate a unique per- which we are woven. The threads of became mayor of Nebraska’s capital spective, having served virtually every this fabric include both the character city where he served for two terms. level of government. His well-rounded of our people and the wisdom reported Perhaps the most infamous decision approach to his work here reflects that in our Constitution. Senator JOHANNS ever made through- rare wisdom. Many of us here have had It is a very strong and very durable out his career in public service was in the pleasure of working closely with fabric that withstands the overreach of his days as mayor of Lincoln. After an him because he always makes a point any one President and the misguided early season winter storm dropped to work with his colleagues regardless policies of any one administration. more than a foot of heavy wet snow on of party affiliation, whether it be on That is why I look back, not with Lincoln in late October, Mayor complex legislation or that annual any regret—I would do it all over JOHANNS decided to cancel Halloween. Senate secret Santa tradition. again—but with gratitude. There were He cited power outages and hazardous We are all familiar with the con- victories won during my time here, and downed power lines. fident, peaceful demeanor he brings to I am pleased to have lead some of those As you can imagine, this news was the Senate, and his plain-spoken clar- charges. But I have to admit many bat- not received well among some of those ity will truly be missed once he leaves tles remain. Lincolnites. To this day, constituents Congress. This is who MIKE JOHANNS is. I would be dishonest if I denied some haven’t forgotten and they still occa- It is who he has always been: a quiet feelings of frustration about the ab- sionally remind him of how he deprived workhorse with a soft spot for the sence of the will to address issues of an entire city of trick or treats on that world’s most disadvantaged, and a paramount importance to our country, fateful October evening. He made up burning desire to help wherever he can. but I know that no issue is powerful for it, though, when he and his wife Friends back home who have known enough to shred the fabric of this great Stephanie treated children who came him since before he began his career in Nation. Rather, these challenges are to trick or treat at the mansion. public service will tell you that he is overpowered by the ordinary people Fortunately, this incident didn’t deal the same man today he was back who do extraordinary things, by the a death blow to Senator JOHANNS’ po- then—never losing sight of his goal of character of our people, and by the wis- litical career. He went on to serve as helping people, never getting a big dom of our Founders. So I reject the Governor of Nebraska and was re- head, and always putting Nebraska prophecy of hopelessness. elected to a second term. first. As the challenges we face grow more As Governor, he focused on fiscal dis- The Senator’s wife Stephanie has urgent—and they will—so grows the cipline and the responsible use of lim- been by his side throughout every step collective fortitude to address them, ited State tax dollars, principles he of this tremendous journey, always and I believe that is about to intensify. upheld here in the Senate as well. At supportive and steadfast. Anyone who On January 3, I will officially pass one point, as Governor, he even vetoed knows MIKE knows he and Steph are in- the baton to Senator-elect Ben Sasse, an entire 2-year budget proposal be- separable. I am sure they are both and I wish him the best. With the 114th cause it raised taxes to expand govern- looking forward to having more time Congress, there will be a new day in ment power. to spend with family next year. this Chamber, a new majority, and a He also championed ambitious men- MIKE, you are a statesman and a lot of new faces. I hope they embrace tal health reforms that allowed pa- model citizen. I am thankful for all the the new opportunities to exemplify tients to receive care in the stability work you have done for Nebraska and true statesmanship. and in the security of their own com- for the entire Nation. You have set Although confidence in our Nation’s munities where they could be near such a great example for your fellow ability to solve problems may be shak- their loved ones. A decade later, these Senators, and we all appreciate your en, I still believe ordinary people can reforms in Nebraska are still regarded dedication over these past 32 years. do extraordinary things—even here in as a major milestone in improving You have served Nebraska with dignity Washington, DC. May God guide those mental health care. and integrity. Good luck. I wish you efforts and may God bless this great Before he was a Senator or a Gov- and Stephanie all the best. God bless country, the United States of America. ernor or a mayor or a city councilman, you both. I yield the floor. he worked on his family’s dairy farm. I yield the floor. The PRESIDING OFFICER. The Re- That is not easy work. And as MIKE The PRESIDING OFFICER. The Sen- publican leader. puts it, it is a job that builds character ator from Ohio. f and humility. Growing up on a dairy Mr. PORTMAN. Madam President, farm, he would milk cows every day be- this is a bittersweet time for all of us. TRIBUTES TO MIKE JOHANNS fore school, sometimes even taking the As you have heard, as we close the Mr. MCCONNELL. Madam President, tractor halfway to town in the winter book on one term of Congress and look I had an opportunity to address the ex- months when the roads were so bad forward to the next, we are here to say traordinary career of the Senator from that the schoolbus couldn’t get out to goodbye to one of our esteemed col- Nebraska the other day, and he was on his farm. leagues who is finishing his service in the floor, which was welcomed, and his This upbringing gave Senator the Senate. It is always tough, but it is staff was in the gallery. I wanted to JOHANNS a great appreciation and a especially hard for me with regard to say again, in a much shorter version, deep understanding for the needs of our Senator MIKE JOHANNS—a guy I con- how much we all appreciate his re- Nation’s ag producers, so it was no sur- sider a fine Senator, also a good friend, markable contributions to our country, prise when President George W. Bush and sort of the perfect example of the to his State, and to the Senate and selected him to lead the Department of statesman. Through his impressive ca- wish him well in the future. Agriculture as its Secretary. MIKE du- reer as mayor, Governor, Cabinet mem- The PRESIDING OFFICER. The Sen- tifully served in this role, overseeing a ber, and Senator, as his colleague has ator from Nebraska. new reform-oriented farm bill and just said, he has displayed that.

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.042 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6422 CONGRESSIONAL RECORD — SENATE December 9, 2014 I first met Senator JOHANNS when he Mr. ROBERTS. Madam President, We have to have meetings around was Secretary JOHANNS. He was Sec- the first time I met MIKE JOHANNS was here a lot, and some of us stay for the retary of Agriculture in the George W. in Hutchison, KS. Hutchison, KS, is whole thing. We would always look Bush Cabinet, and that meant we got where we have the State fair every around for MIKE. He would be around to spend a lot of time together. I was year. I was somebody then. I was the for the fireworks and then he would the U.S. Trade Representative, and I chairman of the sometimes powerful leave and he would always go home— truly believe I have traveled around House Committee on Agriculture, and I because he had a home very close on the world more with MIKE than I have had made a pitch to get the Secretary Capitol Hill—to be with Stephanie. with my family. We went all over, from of Agriculture to actually come to the She is absolutely wonderful. She has Asia to Europe to South America and fair, thinking that MIKE JOHANNS the best smile ever. You cannot be un- Africa. We fought for farmers and would be a far better speaker than my- happy or in a bad mood ever when you ranchers. Our ideal was that we could self and maybe I could avoid some see Stephanie. expand exports, and we were able to do trouble. So I had the Secretary come So I would come to work in the Hart that and make some progress with his and I made the promise that every Building or here in the Capitol and I hard work. farmer who wanted to ask the Sec- would happen to run into Stephanie We went to far-flung corners of the retary of Agriculture a question would and she would always come up with world, such as Burkina Faso, to deal have that opportunity. I hadn’t both- that big smile on her face and say: Hi, with cotton issues important to U.S. ered to tell MIKE about it, but when he PAT. How are things going? farmers. We spent countless—and I arrived on the scene, he nodded his What are you going to do? I mean, I mean countless—hours on something head and said: Fine. He had this yellow am trying to be the curmudgeon of the called the green room negotiating ses- tablet under his arm, and with ample Senate, but GRASSLEY keeps edging me sions, trying to reach a deal in the staff, some who used to work for me, out. So here I would be in sort of a bad Doha round of talks with the World but that is beside the point. or a grumpy mood and she would flash Trade Organization. So cutting things short, all the ac- that smile, and I would say: Just fine. I remember one time MIKE and I had tivities in the State fair he attended, Then I would be feeling pretty good the opportunity to brief reporters as and he dutifully went around to every and I would go into the office. They we were going across Africa. We were exhibit, and we finally ended up in the would say: What is wrong? You have a racing across the Sahara desert to amphitheater and there must have smile on your face. I would say, ‘‘I’ve make our way to an airport. Because been 150 to 175 farmers all lined up been Stephanized.’’ I am truly going to the airport had no lights, the pilots in- waiting to speak to or to question the miss that. sisted we get there while there was Secretary of Agriculture. I thought to I remember the time we were sitting still light so they could see where they myself: Oh, my gosh, what have I done? probably right about here in the back. were landing. The Secretary is coming in—I didn’t We had just concluded the farm bill for He taught me a lot, not just about ar- know MIKE that well at that particular the first time, and then it took us 400 cane agricultural issues, such as what time—and what have I gotten him days to get the rest of it. MIKE is an ex- is a green box or an amber box subsidy into? pert on agriculture program policy. in agriculture—fun issues such as But MIKE didn’t seem to be bothered Ask anybody else if they would like to that—but he also taught me a lot about at all. He was absolutely comfortable, talk about agriculture program policy negotiating and about how, as we said unflappable. He had the microphone and you would get a high glaze after earlier, to be a statesman. and he sat down at a table, put down about 8 seconds—but not MICHAEL. We had some tough negotiating ses- the yellow tablet and said: Yes, sir, and MIKE knows agriculture farm program sions, but MIKE was always a proud and what is your first question and what is policy. We call it farm program policy relentless representative and champion your name? The individual would give in Nebraska and Kansas, but he knows for the interests of our great country his name and the question, and MIKE an awful lot about it. and the interests of the farmers and would write down the question. He I asked him: How many people do you ranchers he knew so well. He always said: Thank you very much for that. It think in this body, in this Senate, ab- did his job on the global stage with will receive all of our attention. Next. solutely understand farm program pol- honor and with dignity. If there has He went through the whole 125 or 150 icy? He retorted: How many people ever been a more forceful advocate for and never answered a question, but he want to understand agriculture pro- American farmers, whether it was wrote it down. Every farmer who came gram policy? We decided there were there or here in the Senate, I don’t up later to me said: You know, the Sec- about 5 in the Senate and maybe about know who it is. retary wrote down my question. They 10 in the House—which shows you why In 2007, he told me he was going to were tremendously impressed, as op- we have a tough time getting the farm leave the administration and go home posed to me. Silly me, I would have bill done. to Nebraska, and that he was consid- tried to answer their questions, and we I relied on his advice and counsel ering running for the Senate. I never would have been there 2 or 3 hours, when I was the ranking member. I am thought I would be able to serve with Lord knows how long. So I asked MIKE: so sorry—I regret—should I have the him, because I didn’t know I was going How do you get by with that? He said: privilege of becoming chairman of the to follow him, but I knew when he told Well, it saves a lot of time and you Senate agriculture committee, I would me that, he would be in the Senate and never get in trouble by what you don’t look forward to a dynamic duo with re- that he would put in the same level of say, which always sort of stuck with gard to what we could accomplish. But dedication to this body as he had as me and what a class act he was. Senator JOHANNS is like Shane: Come Secretary of Agriculture, and that has County commissioner, mayor of Lin- back, Shane. Come back, MIKE. But been true. coln, Governor, Secretary of Agri- Shane rode away, and the Senator is He is not flashy. His colleague from culture, U.S. Senate. I suppose if I going to ride back to Nebraska. I give Nebraska has just called him a work- floated a balloon for you to be Presi- him that, and I give him all of the suc- horse. I hope he takes that as a com- dent that you might—no, Stephanie cess he can possibly have. pliment. I would. He has never sought wouldn’t buy it and you wouldn’t ei- Six years is all this man has served. out the cameras or, for that matter, ther. But that would be the logical Some people have been here a lot sought out recognition for his good next step, MIKE, and I think we cer- longer. I have. You can accomplish a work. He just does the right thing. A tainly could and probably will do a lot lot in 6 years. People say: What can true statesman. worse. But at any rate, since I brought you do in 6 years? So, MIKE JOHANNS, we are going to up Stephanie, Franki and I extend our No. 1, you can work on legislation miss you. We are going to miss Steph- very best wishes and love. and you can know what you are talking anie. And we wish you Godspeed. I do have somewhat of a minor dis- about and you can earn people’s re- I yield the floor. comfort, it isn’t a quarrel—I would spect and you can be smart about it. I The PRESIDING OFFICER. The Sen- never quarrel with Stephanie—but don’t mean smart smart. I mean just ator from Kansas. some degree of discomfort. smart, so that what you say and when

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.044 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6423 you say it, people pay attention. That The old farm country saying that The Senator was talking about MI- is precisely the kind of person MIKE is. sowing is easy, reaping is hard per- CHAEL, and I had the privilege of know- You can have all the integrity in the fectly describes his record of accom- ing him and his wife for a number of world and you can do exactly what he plishment and his determination to see years. We were Governors together, says when he talks about the people of any task to its completion. Most of all, and my wife Martha and his wife Nebraska. the Senator from Nebraska always does Stephanie were First Ladies together The people of Kansas are very similar what he thinks is in the best interests and define what the standards should to the people of Nebraska. My only of our country and of the people he so be for First Lady or First Man, if you complaint with the people of Nebraska proudly represents. will, if you have a female Governor. is they chose to go play in the Big Ten In an interview shortly before he an- I will never forget when I first met and are finding it a little more difficult nounced that he would be leaving the him. I was talking about Stephanie and than running the track meets they Senate, Senator JOHANNS said he hoped how we know each other and so forth, used to run against Kansas State and he would be remembered as ‘‘a guy who and he told me this great story about— KU. But if you want to go to the Big was good to work with.’’ I think they were county commis- Ten and do that, why that is your busi- Working with Senator MIKE JOHANNS sioners together. It was Lancaster ness—but we have the same kind of has been more than just good. It has County. roots. been an honor and a privilege and I I have always said there are no self- wish him and Stephanie all the best. I might be mistaken, I think he used made men or women in public office. It Thank you for your service. to be in those days maybe a Democrat, is our friends and the people we rep- The PRESIDING OFFICER. The Sen- and a long time ago I was a young Re- resent who make us what we are, and ator from North Dakota. publican for Barry Goldwater, when I Senator JOHANNS has spoken so elo- Mr. HOEVEN. Mr. President, I rise to was a 17-year-old Republican freshman quently to that. also express my appreciation for Sen- student at Ohio State, and later found MICHAEL, I was trying to think of a ator MIKE JOHANNS and for his wife out Hillary Clinton was a Goldwater tag I could label you with that might Stephanie. ‘‘Golden Girl’’ at the Republican con- be noteworthy of everything you stand I first met MIKE shortly after I was vention in 1964. elected Governor of my State. At that for. Others will do better than I and In any event, I just want to say one others have already said that. I simply time MIKE was serving as Governor of Nebraska. Right away when I went and of the reasons he is so thoughtful, and come up by saying that you are an un- I hope maybe the reason I am fairly common man with a very common visited with MIKE I could tell this was somebody who was not only somebody thoughtful, is because we have the abil- touch, and I am going to miss you—and ity to work across the aisle and to see everybody in the conference is going to we could count on but who had the and appreciate the views of other peo- miss you and I suspect everybody in right motivation in public service, had ple. the Senate is going to miss you for the great ideas, and was somebody I could way you have conducted yourself and look to as a mentor, and I have ever The story about how he and Steph- the job you have done for Nebraska. since. anie, when they were on county council We wish you all the best and we love From his experience at the local together, they met, started liking each you. level as commissioner, then as mayor, other, started dating, fell in love and The PRESIDING OFFICER (Mr. then as Governor, then as Secretary of later got married—they even had lunch MANCHIN). The Senator from Maine. Agriculture, and then as a Senator, together every day they were on coun- Ms. COLLINS. Mr. President, when MIKE has been somebody all of us have ty council, and every day he was Gov- Senator MIKE JOHANNS stated in Feb- counted on and somebody whose advice ernor they continued to have lunch to- ruary of last year that he had decided we have sought when we wrestled with gether and here, too, for many days. not to seek a second term in the Sen- tough decisions. That is a love, the kind you just don’t ate, he did so in a way that revealed so So I just want to add my voice as see. You just don’t see that very much. well to the others who have expressed much about his character. There was I just want to say: You are such an our appreciation for Senator MIKE no dramatic press conference, there inspiration to the rest of us, you and JOHANNS and for Stephanie and to say were no weeks of rumors, there were no your wife, the way you cherish each guessing games. Instead, there was just how much we are going to miss him. other and hold together and support a simple and brief press release. We are going to miss him not only on each other and stand by each other. It Then, the very next day it was back a personal level—because he is a great is just a real source of inspiration. to work for Senator JOHANNS, traveling guy and a great friend and somebody throughout the State of Nebraska for a we can count on—but we are going to There is an old saying: It doesn’t series of townhall meetings with the miss his advice, his counsel, his par- matter who gets credit for something people he is honored to serve. ticipation in this process on behalf of when you get a lot more done. You de- Nine months later, in October of 2013, the American people. fine that, a guy who doesn’t need head- his character again shone through. The I think MIKE epitomizes the kind of lines, a lot of attention. I hope the rest Federal Government was shut down approach we need to have in this body of us are that way, but you define that due to a massive failure to govern re- to get work done—to listen, to think for us. sponsibly. It was stifling our economy carefully, and to remember always that We love working with you. We are and causing great harm to the trust we work for the American people, and going to miss you. We wish you the the American people deserve to have in he has a long and distinguished career best and wish you Godspeed. As we say their government. doing that. in the Navy, fair winds. God bless you. As a key member of our Common He is somebody who will be truly The PRESIDING OFFICER. The Sen- Sense Coalition, Senator JOHANNS missed, and I think he is somebody who ator from Oregon. worked effectively and quietly to re- exemplifies the very best of this body store government operations and to re- and of public service on behalf of our Mr. WYDEN. Mr. President, I am store citizen trust in government. great Nation. here to talk about the Intelligence Again, no dramatics, no search for the The PRESIDING OFFICER. The Sen- Committee report, but before the Sen- limelight, just solid results, just effec- ator from Delaware. ator leaves the floor, I just want to tell tive leadership. Mr. CARPER. Mr. President, our col- my colleague from Nebraska how much Quiet, effective leadership guided by leagues know the Presiding Officer is a I appreciate his service. I note for the common sense has been the hallmark recovering Governor, I am a recovering body that in the effort to build a bipar- throughout the Senator’s 32 years in Governor, MIKE JOHANNS is a recov- tisan coalition for major tax reform, public service. From Lancaster County ering Governor. So we are sort of a sup- MIKE JOHANNS was the Senator whose commissioner and mayor of Lincoln to port group for one another, men and counsel we all thought we needed, and Governor of Nebraska and U.S. Sec- women who used to be somebody spe- I thank him. I will have more to say retary of Agriculture, he has been well cial. I am kidding because I think we about his career before the end of this informed, thoughtful, and untiring. still are. week.

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.046 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6424 CONGRESSIONAL RECORD — SENATE December 9, 2014 SSCI STUDY OF THE CIA’S DETEN- consider. Practices such as placing de- Twenty examples are going to seem TION AND INTERROGATION PRO- tainees in ice water or threatening a like a lot to anybody who reads the re- GRAM detainee with a power drill were often port, but the committee members who Mr. WYDEN. Mr. President, I have not appropriately recorded or corrected were working on the report agreed it served on the Senate Intelligence Com- when they happened. Director Hayden was important to be comprehensive mittee for 14 years and came to the also testified that detainees at a min- and avoid cherry-picking just one or Senate floor in the spring of 2005 to imum have always had a bucket to dis- two cases. In every one of these cases join with Senator ROCKEFELLER in call- pose of their human waste, but in fact the CIA statements about the unique ing for the committee to investigate CIA detainees were routinely placed in effectiveness of coercive interrogation the CIA’s interrogation activities and diapers for extended periods of time, techniques were contradicted in one the possible use of torture. In 2009 I and CIA cables show multiple instances way or another by the Agency’s own in- joined my Intelligence Committee col- in which interrogators withheld waste ternal records. leagues in voting to approve Chair buckets from detainees. I am going to repeat that because I FEINSTEIN’s motion to launch an inves- CIA records indicate that some CIA think it is a particularly important tigation into these activities. prisoners may not have been terrorists finding. In every one of these 20 cases, I said at the time, I continue to be- at all. Some of these individuals were CIA statements about the unique effec- lieve it today, that what this debate in fact ruthless terrorists with blood tiveness of coercive interrogation was over torture requires is an infusion of already on their hands, but one of the contradicted in one way or another by facts. Americans can hear me and report’s most important findings is the Agency’s own internal records. We other policymakers argue that the that this did not seem to be the case in are not talking about minor inconsist- CIA’s so-called enhanced interrogation every instance. In one particularly encies. We are talking about funda- techniques constituted torture and did troubling case, the CIA held an intel- mental contradictions. not work, and Americans can also hear lectually challenged man prisoner and For example, in congressional testi- various former officials argue that attempted to use tapes of him crying mony and documents prepared for these techniques are not torture and as leverage against another member of White House briefings, the CIA claimed that they produced uniquely valuable the individual’s family. that a detainee had identified Khalid information. What is important is that At another point the CIA official Shaikh Mohammed as the mastermind today all Americans finally have ac- noted in writing that the CIA was hold- of the 9/11 attacks after he was de- cess to the facts so they can make up ing a number of detainees about whom tained by the CIA and subjected to the their own minds. Personally, I hope we know very little, and the CIA on CIA’s coercive interrogation tech- this report closes the door on the possi- multiple occasions continued to hold niques, but in fact CIA records clearly bility of our country ever resorting to people even after CIA officers con- show that Abu Zubaydah provided this torture again. cluded there was not information to de- information during noncoercive inter- Americans have known since the tain them. The review even found rogations by the FBI prior to the be- days of the Salem witch trials that tor- email records that described Director ginning of his coercive CIA interroga- ture is an unreliable means of obtain- Hayden instructing a CIA officer to tions and days before he was even ing truthful information in addition to underreport the total number of CIA moved to the CIA’s secret detention being morally reprehensible. But fol- detainees. To this day the CIA’s official site. I personally expected that there lowing the terrorist attacks of Sep- response to this report indicates that would be at least one or two cases tember 11, 2001, a small number of CIA senior CIA officials are alarmingly un- where vague or incomplete records officials chose to follow the advice of interested in determining exactly how might appear to support the Agency’s private, outside contractors who told many detainees the CIA even held. claims, but in fact in every one of these them the way to quickly get important To be clear, the report doesn’t at- 20 examples they and the arguments information from captured terrorist tempt to determine the motivation be- for them crumble under close scrutiny. suspects was by using coercive interro- hind these misrepresentations. The re- The report that is being released gation techniques that had been devel- port doesn’t reach judgments about today includes a number of redactions oped and used by Communist dictator- whether individuals deliberately lied or aimed at protecting our national secu- ships during the Cold War. unknowingly passed along inaccurate rity. I will say in my view some of I would note that the CIA officials information. It simply compares the these redactions are unnecessary and a later paid these same contractors to representations the CIA made to Con- few of them even obscure some details evaluate the effectiveness of their own gress, the Justice Department, the pub- that would help Americans understand work. lic, and others to the information parts of the report. Overall I am satis- CIA officials repeatedly represented found in the CIA’s own internal fied that the redactions do not make to the public, to the Congress, to the records, and it notes where those com- the report unreadable and it would be White House, and to the Justice De- parisons reveal significant contradic- possible for Americans to read the re- partment that the techniques were tions. port to learn not only what happened safe, that they were only used against One of the biggest sets of contradic- but how it happened, and learning that high-level terrorist captives, and that tions revolve around the repeated is essential to keep it from happening their use provided unique otherwise un- claim that the use of these techniques again. available intelligence that saved lives. produced unique, otherwise unavailable One of the reasons this public release After 5 long years of investigation, our intelligence that saved lives. CIA offi- is necessary is that the current CIA committee found that none of these cials made this claim to the White leadership has been resistant to ac- claims held up. The CIA’s so-called en- House, the Justice Department, the knowledging the full scope of the mis- hanced interrogation techniques in- Congress, and the public. The claim takes and misrepresentations that cluded a number of techniques that our was repeated over and over and over have surrounded this program. Some of country has long considered torture. again. Over the years CIA officials this resistance is made clear in the Furthermore, the CIA’s own interroga- came up with a number of examples to Agency’s official response to the com- tion records make it clear that the use try to support the claim, such as the mittee’s report, and I suspect some of of these techniques in the CIA’s secret names of particular terrorists sup- it will be echoed by former officials prisons was far harsher than was de- posedly captured as a result of coercive who were involved in the program. scribed in representations by the CIA. interrogations or plots that had been Finally, I want to wrap up by re- CIA Director Michael Hayden testi- supposedly thwarted based on this minding people about the documents fied that any deviation from approved unique, otherwise unavailable informa- that have come to be known as the Pa- procedures were reported and cor- tion. netta review. When former CIA Direc- rected, but CIA interrogation logs de- The committee took the 20 most tor Panetta came to the Agency in scribed a wide variety of harsh tech- prominent or frequently cited exam- 2009, he made it clear from the outset niques that the Justice Department’s ples used by the CIA and our investiga- that he wanted to work to put the infamous torture memos did not even tors spent years going through them. Agency’s history of torture behind it

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.051 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6425 and that he wanted to cooperate with values. Many in the Senate would not has been my privilege to fight along- the Intelligence Committee inquiry. He know this because all of those intel- side you, and I wish you all the best. also sensibly asked CIA personnel to ligence meetings are behind closed Yes, we westerners will stay in touch. review internal CIA records and get a doors, but MARK UDALL is not a Sen- Turning back to the matter at hand, sense of what this investigation could ator who is afraid to stand alone. He is today, almost 6 years after the Senate be expected to find. not afraid to fight for what he believes Intelligence Committee voted to con- The review got off to a solid start. It in. When the fight to declassify this re- duct a study of the CIA’s detention and began to identify some of the same port got bumpy—and let me tell you it interrogation program and nearly 2 mistakes and misrepresentations that did a lot of times. I think some of you years after approving the report, the are identified in our committee’s re- heard this weekend we had an elev- American people will finally know the port. Unfortunately, it does not appear enth-hour objection to the report get- truth about a very dark chapter in our that this review ever made it to the Di- ting out. People asked me what I Nation’s history. rector’s desk. Instead, publicly avail- thought, and I said it was not particu- I had two goals at the beginning of able documents made it clear this re- larly surprising because there were ob- this long process, and I still hold those view was quietly terminated by CIA at- jections practically every hour on the two goals today. First, I have been torneys who thought it was moving too hour for months and months. Yet when committed to correcting the public fast. the fight to declassify the report got record on the CIA’s multiple misrepre- Earlier this year the Agency con- very difficult, some people said: This is sentations to the American people, to ducted an unprecedented and secret going to get buried forever. That is other agencies, the executive branch, search of Senate files in an effort to what happens when you try to get ac- the White House, and to Congress. find out whether the committee had countability and transparency. Senator Second, my goal has been to ensure obtained copies of the Panetta review. MARK UDALL made it clear that wasn’t that the truth comes out about the ter- After it was found that committee in- going to be allowed to happen on MARK rible acts committed in the name of vestigators had in fact obtained the UDALL’s watch. the American people. Why? Because I Panetta review, the CIA actually at- I am going to wrap up by saying to want this to be our way of going for- tempted to file unsupported criminal Senator UDALL, I remember when we ward, that neither the CIA nor any fu- allegations against Senate staff mem- started this battle together and we got ture administration repeats the griev- bers. After the search was publicly re- a handful of votes, sometimes like 13 to ous mistakes this important oversight vealed by the press, the CIA’s own 2 or whatever. We thought it was going work reveals. spokesperson acknowledged in USA to be a long time before there was re- This has been a careful and very de- Today that the search had taken place form. We went from those days to even- liberative process. We have compiled, and it had been done because the CIA tually getting up to 15 or 20 votes. Col- drafted, redacted, and now released was looking to see if our investigators leagues, today, to a great extent be- this report. It has been much harder had found a document the CIA didn’t cause of Senator UDALL, in the last than it needed to be. Senator WYDEN want the Congress to have. Incredibly, vote for real surveillance reform, we and many others pointed it out. that same week CIA Director John were up to 58 votes—58 votes for real It brings no joy to discuss the CIA’s Brennan told reporter Andrea Mitchell surveillance reform. That, to a great brutal and appalling use of torture or of NBC that the CIA had not spied on extent, is possible because of the ex- the unprecedented actions that some in Senate files and that ‘‘nothing could be traordinary service of my good friend the intelligence community and the further from the truth.’’ Senator MARK UDALL from Colorado. administration have taken in order to I think this incident and the dif- We westerners always make sure we cover up the truth. By releasing the In- ference between what was said to An- stay in touch, and you know that is telligence Committee’s landmark re- drea Mitchell and what the Agency’s going to be the case with this par- port, we affirm that we are a nation own people said to USA Today reflects ticular friend from the West, a wonder- that does not hide from its past but once again what I call an alarming cul- ful Senator, Mr. MARK UDALL. learns from it. An honest examination ture of misinformation. Instead of ac- With that, I yield the floor. of our shortcomings is not a sign of knowledging the serious organizational The PRESIDING OFFICER. The Sen- weakness but of the strength of our problems that are laid out in this re- ator from Colorado. great Republic. port, the Agency’s leadership seems in- f We have made significant progress clined to try to sweep them under the since the CIA first delivered its heav- SENATE SELECT COMMITTEE ON rug. This means organizational prob- ily—underline ‘‘heavily’’—redacted INTELLIGENCE STUDY OF THE lems aren’t going to be fixed unless version of the executive summary to CIA’S DETENTION AND INTERRO- they are laid out publicly, and there is the committee in August. The report GATION PROGRAM also a danger that other countries or we released today cuts through the fog even future administrations might be Mr. UDALL of Colorado. Mr. Presi- the CIA’s redactions created and will tempted to use torture if they don’t dent, today is a historic day, as Sen- give the American people a candid, have all the facts about the CIA’s expe- ator WYDEN made clear, Senator FEIN- brutal, and coherent account of the rience. That is why the release today is STEIN, Senator ROCKEFELLER, and CIA’s torture program. so important. many other Senators to follow. As the chairman said earlier today, In concluding, I thank all of the staff Before I talk about my involvement even when public tensions were high, who have put in hours and hours and in the efforts that were put forth to our committee continued to work be- nights and weekends and time away reach this day, I want to say to Sen- hind the scenes to successfully whittle from their families to get this inves- ator WYDEN, my good friend, you honor down 400 instances of unnecessary tigation completed. I praise Chair me with those comments. I want to ac- redactions to just a few. We didn’t FEINSTEIN and our former Chair Sen- knowledge that when you are in a make all the progress we wanted, and ator ROCKEFELLER, who together were fight, it matters whom you are in the the redaction process was filled with resolute in pushing for this kind of fight with. It has been my privilege and unwarranted and completely unneces- congressional oversight. honor to fight on the side of trans- sary obstacles, but all told, after re- f parency, on the side of protecting the viewing the final version, I believe our Bill of Rights, and this has been a landmark report accomplishes the TRIBUTE TO MARK UDALL righteous cause. We are going to con- goals I laid out at the outset and tells Mr. WYDEN. I close with just a word tinue to work to find the right balance the story that needs to be told. It also about our friend and colleague Senator between privacy and security. As Ben represents a significant and essential MARK UDALL of Colorado. I have had Franklin famously implied, we can step toward restoring faith in the cru- the pleasure of serving with Senator have both, but we don’t end up with cial role of Congress to conduct over- UDALL on the Intelligence Committee both if we set aside the Bill of Rights sight of the intelligence community. and have admired his commitment to and those fundamental principles that Congressional oversight is important American security and core American are enshrined into the Bill of Rights. It to all of government’s activities, but it

VerDate Sep 11 2014 03:24 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.052 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6426 CONGRESSIONAL RECORD — SENATE December 9, 2014 is especially important to those parts ating under color of law. In other so beloved back home in Texas. Why of government that operate in secret, words, this isn’t just something they would they return him election after as the Church committee discovered decided to cook up; this was something election over these many years? decades ago. that was vetted at the highest levels of First, RALPH is someone whom a lot The challenges the Church com- the Justice Department and the De- of Texans look up to as a role model. mittee confronted four decades ago partment of Defense. He is a happy warrior. Having proudly persists today—namely, how to ensure We had hearing upon hearing on served this country and Texas for over that those government actions which these various enhanced interrogation 50 years, he is a man of extraordinary are necessarily conducted in secret are techniques. There were disagreements, character and remarkable integrity. nonetheless conducted within the con- but we do know they were effective in Thinking about RALPH, the first fines of the law. gleaning intelligence that helped keep thing that comes to mind is his service The release of this executive sum- Americans safer. That is not just me to others, from his military service to mary is testament to the power of ef- saying that. Ask Leon Panetta, the im- being the oldest and among the longest fective oversight and the determina- mediate past Director of the Central serving Members of Congress. RALPH tion of Chairman FEINSTEIN and mem- Intelligence Agency and the Secretary has lived a life of service to others and bers of the committee to doggedly beat of the Department of Defense—a proud leaves behind a considerable legacy— back obstacle after obstacle in order to Democrat but also a patriot in his own one that will be long remembered and reveal the truth to the American peo- right. Ask John Brennan, President celebrated by people in my State and I ple. I have much more to say about Obama’s choice to be the current CIA believe the people of the United States these obstacles and about the critical Director. He said virtually the same too. importance of reforming an agency thing. Those who know RALPH know he is that refuses to even acknowledge what So much of this should have proven the man who, wherever he goes— it has done. I will deliver those re- to be unnecessary after two separate whether it is back home or here in marks soon. For now, I wish to con- U.S. attorneys conducted criminal in- Washington—before leaving a room, he gratulate the chairman and her staff vestigations. There was one done ear- will have hugged or shaken the hand of on this very important achievement. lier and then one done later when At- every person in the room, not to men- The document we are finally releas- torney General Eric Holder reopened tion telling a few bad jokes and leaving ing today is the definitive history of the investigation. These men and everybody laughing in the process. He what happened in the CIA’s detention women who risk their lives to do what is a man who truly cares about others, and interrogation program. We have al- their government asks them to do to and that is evident by the way he ar- ways been a forward-looking nation, keep us safe were subjected to at least ranged his desk in his Washington of- but to be so, we must be mindful of our two Justice Department investiga- fice. He said one of his favorite things own history. That is what this study is tions, and obviously no decision to pro- about his office is the view. Even so, he all about. That is why I have no doubt ceed with any kind of criminal charges arranged his desk with his back to the that we will emerge from this dark epi- was decided upon. window so others could sit and enjoy I think you have to wonder about the sode with our democracy strengthened the view. This speaks to the kind of timing of this in a lameduck session and our future made even brighter. man he is, always putting other people where we have basically three items of Mr. President, I yield the floor. first. business to do before we break for the The PRESIDING OFFICER. The Sen- As I said, he is also well known for Christmas holidays and a new Con- ator from Vermont. his excellent sense of humor and an oc- Mr. LEAHY. I see the distinguished gress. It is clear that this report was casional bad joke. He is a great story- senior Senator from Texas on the floor pushed out in an attempt to make a po- teller and raconteur. He does have litical statement, but I have to tell you seeking recognition. I have been told to some pretty good stories to tell, that I think it is a reckless act, and it come here at 3:30 p.m., but obviously I though, from selling cigarettes to the is a disservice not only to the men and yield to my friend from Texas and ask famous outlaws Bonnie and Clyde, to women who risked their lives but also unanimous consent that when he com- putting President Reagan on hold, to to the American people who should ex- pletes his remarks I be recognized. his interesting encounters and friend- pect more of us. The PRESIDING OFFICER. Without This was not a bipartisan Senate In- ships with Mickey Mantle, Muhammad objection, it is so ordered. telligence Committee report. Once Re- Ali, Ted Williams, Neil Armstrong, The Senator from Texas. publicans on the Senate Intelligence John Glenn, among others. There are Mr. CORNYN. I thank my friend from Committee figured out what was hap- his many stories about flying Hellcat Vermont. All of this got pushed back a pening, they simply disassociated fighter aircraft in the U.S. Army dur- little bit with the laudatory speeches themselves from it. This is purely a ing World War II. for our retiring colleague from Ne- partisan report. There are absolutely RALPH has led a full and exciting life. braska. We are backed up a little bit, no recommendations made for any re- During his time in Congress, he has not but I won’t be long. forms in this report. It was simply just been the hometown Congressman I have to say that I came to the floor done to embarrass and to hold up our from Rockwall, TX; he has been the when the Senators from Oregon and brave men and women who serve our hometown Congressman to everyone he Colorado were talking about Senator country and the intelligence commu- has encountered. It doesn’t matter who FEINSTEIN’s decision to release this re- nity to ridicule, and it is a shame. you are—RALPH just naturally wants port. I get it that different people see to try to find out how he can be helpful the same subject matter sometimes f to you, from the person he met on the through a different lens, but I can’t TRIBUTE TO RALPH HALL street, to the colleagues in the Texas think of any more reckless or irrespon- Mr. CORNYN. I came to the floor to delegation, to the President of the sible thing to do to our brave men and talk about another topic, and that is United States. That is just the way he women who fight in our military, who about my friend and fellow Texan Con- is. have fought our wars for the last 13 gressman RALPH HALL, who at the end Knowing RALPH, he probably has years, and the intelligence community of this year will be retiring from rep- something up his sleeve that he is not that has worked while risking their resenting Texas’s Fourth District in telling us about what he is going to do lives to keep us safe. the House of Representatives for more after he leaves Congress next month. In We all remember what happened on 9/ than three decades. It is hard to speak fact, when asked about his plans after 11/2001, but apparently with time our to the entirety of RALPH’s 34 years in leaving Congress, RALPH mentioned he memories have faded. What we do know Congress in just a few minutes. I will would probably go to work at Walmart for a fact is we would not have avoided try. I would be remiss if I didn’t men- because he has to have a job. another attack on our own soil if it tion some of his greatest hits, so to RALPH has always got to have some- were not for the dedication and the pa- speak. thing to do. But it goes to show that no triotism of men and women in our in- Let me begin with what I admire matter what he does next, he will not telligence community who were oper- most about RALPH HALL and why he is be slowing down anytime soon.

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.054 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6427 RALPH HALL will be greatly missed in but on our moral leadership. Our Na- taxpayers’ money. They did not know this Congress. I am privileged to call tion needed back then a full accounting what they were doing, but they said: him a colleague and a friend. I would of the CIA’s treatment of detainees, Give us the money. Eventually the CIA like to wish him Godspeed and all the and we need it today. With this report, outsourced all aspects of the program best as he continues to recover from a at long last we have it. to the company these contractors set recent car accident at home in This is not the first report to record up. Did they make a few thousand dol- Rockwall. I look forward to seeing or condemn the detention and interro- lars? No. They made $80 million. This what he accomplishes in the next chap- gation policies and practices that were was a program out of control. It is yet ter of his long and storied life. used during the last administration, another reason why Congress has to ex- I yield the floor. but it is the first to fully chronicle the ercise its oversight responsibility. The PRESIDING OFFICER. The Sen- actions of the most secretive of our The report also disproves CIA claims ator from Vermont government agencies, the Central In- that torture programs were necessary f telligence Agency. The final report to protect our Nation, and that it lays bare the dark truth about their thwarted attacks. How many times SSCI STUDY OF THE CIA’S DETEN- program. That truth is far worse and it have we heard it before—that we need TION AND INTERROGATION PRO- is far more brutal than most Ameri- this to protect us; we need this to pro- GRAM cans ever imagined. tect us from another 9/11? We had all of Mr. LEAHY. Mr. President, I listened We have all seen the shocking pic- the evidence we needed to stop 9/11, but with interest to the tremendous state- tures from Abu Ghraib. We have read the government had not even bothered ment made by the Senator from Cali- the cold, clinical description of to translate some of the material that fornia, Mrs. FEINSTEIN, earlier today. ‘‘harsh’’ or ‘‘enhanced’’ techniques our intelligence people had already ob- She has spoken of this issue on other written by Department of Justice at- tained. After the fact, they decided: We occasions, and we Americans should torneys to justify such treatment. We should really translate some of that listen. know that what was done at Abu material we have. Then we found it More than a decade ago the Central Ghraib terribly diminished the image could have been stopped. Intelligence Agency began detaining of the United States throughout the This program of torture did not make and torturing human beings in the world. It did not make us safer by one us safer. As laid out in meticulous de- name of the war on terrorism. Then iota. In fact, many would argue it tail in the report, the use of these tech- employees and contractors of the U.S. made us less safe. niques did not generate uniquely valu- Government, paid for by our taxpayers’ The report makes clear one funda- able intelligence. In fact, the report dollars, abused and degraded, dehuman- mental truth: The CIA tortured people. thoroughly repudiates each of the most ized people. They stripped them of That is the bottom line. No euphe- commonly cited examples of plots their basic humanity. But more than mistic description or legal obfuscation thwarted and terrorists captured. That stripping them of their basic human- or pettifoggery can hide that fact any should not come as a surprise. ity, they stripped America of its stand- longer. The Intelligence Committee re- The Senate Judiciary Committee ing in the world as the leader of pro- port shows that techniques such as held numerous hearings on the Bush moting and protecting human rights. waterboarding and sleep deprivation administration’s interrogation policies Instead of protecting us as Americans, were used in ways far more frequent and practices. What we heard time and by their actions they hurt all Ameri- and cruel and harmful than previously again from witness after witness is cans. known. It shows that gross mismanage- that torture and other cruel treat- President Obama banned torture and ment by those in charge at the CIA and ments do not work. But there are still cruel treatment when he took office, a shocking indifference to human dig- some who continue to argue, even in but only now, because of the courage nity led to horrendous treatment and the face of overwhelming testimony and conviction of Senator FEINSTEIN conditions of confinement that went and actually now hard evidence to the and the other members of the Intel- far beyond even what they had been ap- contrary, that the program thwarted ligence Committee and their staffs, do proving. It turns out that the senior attacks and saved lives. They defend we have a full and public accounting of CIA leadership did not even know that the CIA’s action. They argue that the the CIA’s actions—an accounting the ‘‘enhanced’’ techniques were being used report does not tell the full story. But American people deserve. at one CIA detention facility. In fact, these are often the same people who The decision to release this historic in one instance, one of their prisoners participated in the rampant misrepre- report, as Senator FEINSTEIN has coura- died as a result, left shackled on a con- sentations detailed in this report. geously said, has been difficult, but it crete floor in a dungeon room, and The report shows that CIA officials was the right and moral thing to do. If likely died of hypothermia. consistently misled virtually everyone something is right and something is This is America? This is what we outside the Agency about what was ac- moral, no matter how difficult it is, stand for? This is the image we want to tually going on and about the results you should do it. Releasing the report give the rest of the world? This Amer- of the CIA interrogations—very similar demonstrates that America—the Amer- ican does not think so. This American to what we heard leading up to the war ica I love—is different. As Americans, does not think so. It is not what in Iraq after 9/11. I remember being in we cannot sweep our mistakes under brought my grandparents and great- those hearings. I remember listening to the rug and pretend they did not hap- grandparents to this country. the then-Vice President. I remember pen. We have to acknowledge our mis- These so-called ‘‘enhanced’’ interro- listening to others in those secret hear- takes. We have to learn from our mis- gation techniques were not just used ings and thinking: It does not ring takes. In this case, we as Americans on the worst of the worst either. In true. I stated to others that I thought must and will do everything we can to some instances, the CIA did not even some of the things they were telling us ensure that our government never tor- know whom it was holding. CIA records did not ring true. tures again. show that at least 26 people detained I remember walking early one morn- Five years ago, in 2009, I called for a by the CIA did not meet the CIA’s own ing with my wife near our home and commission of inquiry to review the standard for detention. Some of these two joggers coming up, calling us by Bush administration’s detention and individuals were subjected to—and this name. These were people we had never interrogation program and other is a wonderful slogan—‘‘enhanced’’ seen before in the neighborhood. sweeping claims of executive power by techniques. What an evil slogan. Some One of them said, ‘‘I hear you have the Bush administration. I believe that detainees were determined not even to some questions.’’ He asked whether I in order to restore America’s moral be members of Al Qaeda. had asked to see a particular docu- leadership, we have to acknowledge Moreover, the CIA relied on contrac- ment. what happened in our name because tors—not even CIA personnel but con- I said, ‘‘I haven’t. I didn’t know there much of the leadership we can show tractors—who had no experience as in- was such a thing.’’ around the world is not based on our terrogators to develop this program. He said, ‘‘You might find it inter- wealth or on the power of our military They were happy to take American esting to read.’’

VerDate Sep 11 2014 04:47 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.058 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6428 CONGRESSIONAL RECORD — SENATE December 9, 2014 So I did. Then I raised even more the people subjected to these tech- carried out a systematic program of questions about what I read there, niques, the implementation of the torture and secret detention, which is which totally contradicted what the techniques, and the intelligence result- in violation of domestic law, and in Vice President and others were saying. ing from them. violation of international law. But I mentioned that to some. As an institution, if we truly rep- more importantly it is in violation of A few days later we are out walking resent 325 million Americans, do we the fundamental principles of morality again. Both joggers—my wife remem- not have a responsibility to examine on which our great Nation was founded. bers this so well—they said, ‘‘I see you the systemic failure that allowed this In trying times, such as those we read the document.’’ to happen and then to ensure that it faced after September 11 and those we I said, ‘‘I did.’’ does not happen again? face now, we look to our intelligence, ‘‘But did they tell you about this Those who attack the credibility of military, and law enforcement profes- other document?’’ this report are wrong. This report is sionals to keep us safe. We are fortu- I said, ‘‘I didn’t know there was such not based on conjecture or theory or nate to have so many dedicated and a document.’’ insinuation. Anyone who reads it can talented people serving in the intel- ‘‘You may find it interesting.’’ see that this careful, thorough report ligence community, military, and law And so I then reviewed it. It was ob- was meticulously researched and writ- enforcement. But one lesson for their vious from what I read that they were ten. It is based on more than 6 million sake, our sake, and our country’s sake, withholding evidence that Saddam pages of CIA cables, emails, and other is that we should never become so Hussein had nothing to do with 9/11, documents containing descriptions blinded by fear that we are willing to contrary to what the Vice President that CIA employees and contractors sacrifice our own principles, laws, and and others were saying; that there were themselves recorded. humanity. We are the greatest, most powerful no weapons of mass destruction; and I believe Senator FEINSTEIN and the Nation on Earth. We cannot turn our that in fact, they were actually well other members of the Intelligence backs on our laws, our history, and our penned in by the no-fly zone we had set Committee who worked on this deserve Constitution because we are afraid. up. But instead we rushed into war be- our respect and our appreciation. cause we sought to avenge 9/11, even This Senator is not afraid. Intelligence Committee staffers, too, No matter what, our enemies are though they had nothing to do with have dedicated years of their lives to human beings. And no matter how 9/11. Now almost $3 trillion later, look this report. They have demonstrated hardened and evil they are, no matter at the mess we are in. courage and dedication in the face of how repulsive their actions—and many The report released today details enormous challenges, because they are—no matter how horribly they have how, like the run-up to the war in Iraq, thought first and foremost about the treated their own victims, we do not material that was held back from peo- United States of America. torture them—because we don’t join ple who should have seen it. This in- In the past year they were even them on that dark side of history. We cluded Members of Congress, White threatened with criminal prosecution. stand on the other side of history as House officials, even Justice Depart- Why? For doing the job they are sup- Americans. Generations of men and ment lawyers who were being asked to posed to do for the United States of women have given their lives and many review the legality of CIA techniques. America. But they would not allow have even endured torture themselves In the coming weeks, as we go into themselves to be intimidated. They in order to protect this Nation. They the new Congress, we are going to hear have served their country well, and did so not to protect our way of life, a lot about the need for oversight. I they have my deepest appreciation for but to protect our principles, our un- would hope the new leadership would bringing us this truly historic study. derstanding of right and wrong, of hu- look at the report Senator FEINSTEIN I thank their families, because they manity, of evil. and her committee have come out couldn’t tell their families the things The shameful actions uncovered by with, because this is where oversight they were reading. I imagine the fami- this report dishonored those men and should be—at the top of the list. So too lies knew of some of these attacks on women who have fought to protect should the unprecedented spying by the them. Their families too deserve our what is the best of our Nation, as well CIA on the congressional staff inves- thanks. as the men and women even today who tigating this program. Just think I am disappointed that those same continue to put their lives at risk for about that. They investigated Members honorable staffers had to spend so this country. of Congress who were asking them many months arguing with this White Americans know, throughout this about things they had done wrong. House about redactions to this report— country, that we are better than this. Then there is also the troubling pat- a White House that is supposed to be As we heard after Abu Ghraib and we tern of intimidation, which includes dedicated to transparency. This report will hear now, we are better than this the CIA referring its own congressional should have been issued months ago, and we should never let this happen overseers to the Justice Department and it still contains more redactions again. Let’s show the rest of the world, for criminal prosecution. My God, we than it should. I can think of some who too. are going back to the Joseph McCarthy will wonder why the redactions are I have spoken much longer than I days with things like this. This report there, but I am gratified that we can fi- normally do, but this is important to and those actions show a CIA out of nally shed light on this dark chapter. me. control. It is incumbent upon all of Among the many lessons we can take I yield the floor. The PRESIDING OFFICER. The Sen- us—Republicans and Democrats alike— from this report is that Americans de- ator from Maine. in the Congress to hold the Agency ac- serve more government transparency, Mr. KING. Mr. President, I also want countable. and that is essential to a strong democ- to address the report that was released The Judiciary Committee should racy. Just yesterday the Senate unani- this morning by the Chair of the Intel- take a hard look at the role of the De- mously passed a bipartisan bill, the ligence Committee. I come at this in a partment of Justice and its legal jus- Leahy-Cornyn FOIA Improvement Act. slightly different way than some of my tifications for this program. Much ink It significantly improves the Freedom colleagues, because I came to this proc- has been spilled criticizing the OLC of Information Act. Today’s release of ess late. opinion written during the Bush ad- this report is another important vic- I joined the Intelligence Committee ministration by John Yoo, Jay Bybee, tory for greater government trans- in January of 2013. By that time the re- and Stephen Bradbury. The OLC has al- parency. port had been authorized, had been ways had a good reputation, but these I strongly disagree with those who written, and actually had been final- opinions sullied the reputation of that argue that the reports should not come ized. So I came to it as a final product office, and they have been rightly repu- out and who have tried to pressure and and the decision was whether it should diated. But the report also dem- silence Senator FEINSTEIN. Don’t place be released. onstrates that even those opinions the blame on those who are telling the Before talking about the report, were the result of key misrepresenta- truth. Place the blame squarely where there are two very important points tions by the CIA about the seniority of it belongs: on those who authorized and that should be made.

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.059 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6429 No. 1, one of my problems with this was successful—the people who had de- the program is not what we are talking discussion is that everybody talks signed it and were implementing it. about today. We are talking about so- about the CIA. The CIA did this, the There was no central place at the CIA called enhanced interrogation tech- CIA did that. The fact is the CIA as an that managed it, so that was a prob- niques. institution doesn’t do anything. People lem. I would suggest when people come up do things. No. 3—and this we are going to talk with a euphemism such as enhanced in- I have been around the world and met about for a few minutes—it was not ef- terrogation techniques, that should tip with CIA people in many countries. I fective. The guts of this report are an us off that something is going on that have met with them here. They are pa- analysis of the 20 principal cases the we should be concerned about. triotic, they are dedicated, they are CIA presented as justification for the I wrestled with this decision. It was smart, and they are brave. The problem torture to say that it worked, that it not easy. There is risk involved. There with this situation is their reputation led to intelligence that was reliable has been a lot of commentary today. has been sullied by a relatively small and current, and the report goes Our people are on alert. Will someone group of people early in the prior dec- through in excruciating detail looking attack us because of this report? ade. at each one of those allegations. I can’t deny that risk. I think it is So I want to make clear, at least as It basically finds that the informa- impossible to say. But we have already far as I am concerned, this is not an at- tion was either already available, it learned that these people will attack tempt to discredit or otherwise under- was available in our hands, it was us for any or no reason. They have been mine the CIA or the good people who available in other ways, and the wit- trying to attack us for 10 years. That is are there, but to point out that mis- nesses had given up the data prior to their reason for existing. takes were made. their being subjected to these extraor- ISIL has beheaded Americans, not be- No. 2, I think we need to acknowl- dinary measures. I am going to talk, as cause of this report, but because that is edge that those were extraordinary I mentioned, in a couple of minutes their agenda. Now they may issue a times, the year or so after September about this issue of effectiveness. press release or a YouTube video and 11. We thought there was going to be I should have said this at the begin- say we are doing this because of the re- another attack. There was a lot of ning. My poor words can’t contribute a port, but I would submit they are going pressure to uncover that information. great deal to this debate, but the to do it anyway. It is easy, 10 years later, to look back speech Senator JOHN MCCAIN made on What they are going to cite—it is not and say: Well, we shouldn’t have done this floor this morning should be re- the report, it is what we did that has this or we shouldn’t have done that. I quired viewing for every schoolchild in inflamed opposition around the world, understand that. We have to acknowl- America, every Member of this body, and it has done so for many years al- edge that. However, those cir- every Member of this Congress, and ready. cumstances cannot justify a basic vio- every American. He spoke eloquently Finally, on the question of the risk, lation of who we are as Americans and about the violation of our ideals of this when the terrible activities at Abu what our values are. program and the fact that it cannot, Ghraib came to the attention of the The process is the report was com- will not, and could not work. Congress, we did a report. The Armed pleted and accepted by the committee The final point we take from the re- Services Committee did a study and on a bipartisan basis. My predecessor, port is this program was continually issued a report in grisly detail of what Olympia Snowe, voted in favor of the misrepresented. It was misrepresented was done, and at that point we had acceptance of the report in December to the President, it was misrepresented 100,000 troops in Iraq. If ever there was of 2012. to the Justice Department, it was mis- a report that would have inflamed pub- It was then sent to the CIA. They re- represented to the Congress, and it was lic opinion in a foreign country and sponded, a rather full response. It took misrepresented to the Intelligence generated retribution against us, it about 6 months, and then they sub- Committee. was that. We cannot be intimidated by mitted their response to the com- The problem is that continues today. people who tell us that we cannot exer- mittee. In the past few days we have seen an cise and be true to our own ideals. I knew the vote was going to be com- outburst of statements, speeches, and But if there is any risk, why should ing up last spring as to whether to re- interviews on television saying it was we do it? Because these actions are so lease the report. I went to the secure effective. It wasn’t effective, and the alien to our values, they are so alien to site in one of our buildings and sat report makes that clear. our principles that we simply can’t down every night for a week and read There is a semantic sleight of hand countenance them. this executive summary, every single going on, and I have already seen it in By the way, if this wasn’t torture, if word—all 500 pages, all of the foot- two or three interviews on television this wasn’t a problem, why did the CIA notes—and made my own judgment as where people slide from the report and destroy the tapes of one of these inter- one who was in no way invested in this they say: The program of detention of rogations? That is what started all of report. Here are the conclusions I people whom we captured after Sep- this, when the Senate learned they had reached. I must say, until I sat and tember 11 was effective in generating destroyed tapes. If they thought this read it, I didn’t fully comprehend what intelligence. was not torture—which is what they this issue was, why we needed this Absolutely true. There is no doubt of were telling us—then why are they de- large report, why we needed to do this that. People were detained, they were stroying the tapes? That is what began study. After reading it, I was shaken interrogated, they gave good intel- this process. and convinced that the report was im- ligence, it taught us what we know To me, one of the most telling quotes portant and should be released. about Al Qaeda, and it was very helpful in the whole report was a back-and- Basically, it has four conclusions. I to the country in preventing future forth between the CIA and I think the am not going to go through them in de- plots. White House—but I think it was within tail, but No. 1 was: We committed tor- The question for the House, though, the CIA where the statement was ture. I am not going to argue that. I is was the torture effective? If you made: ‘‘Whatever you do, don’t let would say, as I said repeatedly, read have somebody in custody, they give Colin Powell find out about this, he’ll the report. No person can read the de- up good information, and then later blow his stack.’’ Now that tells me scription of what was done in our name you torture them and they don’t give they knew they were doing something and not conclude that it was way out- you anymore information, the torture that wasn’t acceptable to our country side the values of our country and con- didn’t create that information or that and to the American people. But the stituted torture by any definition. intelligence. The question is did the ex- second reason to release this report is No. 2, it was terribly managed. That traordinary methods create additional the key: so it will never happen again. is not a very exciting point about man- evidence. That is the whole deal here. agement, but nobody was in charge. People should cock their ears when The campaign of the last few days of Contractors were actually designing they hear people say the program cre- people saying it worked and it wasn’t the program and assessing whether it ated this good intelligence. It did. But torture and you shouldn’t do it because

VerDate Sep 11 2014 04:47 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.064 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6430 CONGRESSIONAL RECORD — SENATE December 9, 2014 of the risk—that, to me, validates my they are important. That is like say- emotionally and psychologically ‘‘shut concern because these people are essen- ing: I am in favor of free press unless down,’’ produce the circumstances where re- tially saying: We would do it again if somebody says something offensive. sistance is increased, or create incentives for we had the chance. And the only thing These are principles that make us dis- a subject to provide false information to lessen the experience of pain, suffering, or standing between them and doing it tinct and different. anxiety. again is an Executive order signed by I believe this debate is about the soul Despite this body of evidence, some former this President in January of 2009, of America. It is about who we want to government officials who authorized the which could be wiped out in the first be as a people. It is a hard debate. It is CIA’s so-called ‘‘enhanced interrogation’’ week of a new Presidency or in the difficult. It is hard to talk about these program after 9/11 claim that it produced a first month of a new Presidency. We things. This was a dark period. But I significant and sustained stream of accurate cannot have this happen again. believe that having this discussion, and reliable intelligence that helped disrupt The oratory is that it works. I have a having this debate, getting this infor- terrorist plots, save American lives, and even locate Osama Bin Laden. While some of letter, which I will submit for the mation out—and by the way, all the in- the particular claimed successes of the pro- RECORD, from 20 former terrorist inter- formation is going to be out: the re- gram have been disproven based on publicly rogators—Army, Air Force, CIA, FBI— port; the CIA’s response was made pub- available information, the broader claim saying these kinds of tactics don’t lic today; the minority had their own that the EIT program was necessary to dis- work and, in fact, they produce bad in- statement that is quite substantial. So rupt terrorist plots and save American lives telligence. There is an article in Polit- the public is going to be able to look at is based on classified information unavail- ico today by Mark Fallen, who is a 30- all this information and make their able to the public. year interrogator, saying it doesn’t own decisions. I looked at the informa- The SSCI study—based on a review of more than 6 million pages of official records—pro- work. tion, and the decision I made was that vides an important opportunity to shed light We have to have this discussion and this is important information the peo- on these important questions. We understand lay that to rest because the people who ple of America are entitled to, they that the SSCI minority and CIA have sepa- are saying it works are really saying: should understand, and we should move rate views regarding the meaning and sig- And we will do it again if we have to. forward consistent with our ideals and nificance of the official documentary record. And that is not who we are as people. our principles as a nation and see that Those views are important and should also Interestingly, in the CIA’s response something like this never happens be made public so that the American people to the report—all during the early part again. have an opportunity to decide for themselves of this past decade the argument was— whether the CIA program was ultimately Mr. President, I ask unanimous con- worth it. and we are hearing it today—it works. sent to have printed in the RECORD the It is beyond time for this critical issue of We are certain it works. We got valu- letter I referred to earlier. national importance to be driven by facts— able intelligence. We got Osama bin There being no objection, the mate- not rhetoric or partisan interest. We there- Laden. rial was ordered to be printed in the fore urge you to vote in favor of declas- The CIA is not saying that today. RECORD, as follows: sifying and releasing the SSCI study on the CIA’s post-9/11 interrogation program. When they submitted their response to FEBRUARY 4, 2014. Sincerely, the committee’s report, what they said Hon. ANGUS KING, about effectiveness was that it is un- U.S. Senate, 359 Dirksen Senate Office Building, Tony Camerino, Glenn Carle, James T. Washington, DC. Clemente, Jack Cloonan, Gerry knowable whether it was effective. I Downes, Mark Fallon, Brigadier Gen- DEAR SENATOR KING: We write to you as believe the migration from the cer- eral David R. Irvine, USA (Ret.), Ste- tainty they gave to Members of Con- current and former professional interroga- tors, interviewers, and intelligence officials ven Kleinman, Marcus Lewis, Mike gress and the President and the De- regarding the Senate Select Committee on Marks, Robert McFadden, Charles partment of Justice—the migration Intelligence’s (SSCI) 6000-plus page study of Mink, Joe Navarro, Torin Nelson, Erik from ‘‘certainty’’ to ‘‘unknowable’’ the CIA’s post-9/11 rendition, detention, and Phillips, William Quinn, Buck Revell, speaks volumes because they couldn’t interrogation program. We understand that Mark Safarik, Haviland Smith, Lieu- refute the facts that are in this report. the SSCI may soon take up the issue of tenant General Harry E. Soyster (Ret.). If this idea that this kind of interro- whether to pursue declassification and public Mr. KING. I yield the floor. gation works becomes conventional release of the study. In the interest of trans- The PRESIDING OFFICER. The Sen- wisdom, it will definitely happen parency and furthering an understanding of ator from New Mexico. again. effective interrogation policy, we urge you Mr. HEINRICH. Mr. President, I ask to support declassification and release of as unanimous consent that Senator LEVIN I go back in conclusion to JOHN much of the study as possible, with only such MCCAIN’s statement this morning. I redactions as are necessary to protect na- be permitted to follow my remarks and can’t match his eloquence. It was one tional security. speak for up to 10 minutes. of the most powerful messages I have Since the CIA program was established The PRESIDING OFFICER. Without ever heard in this body or anywhere over a decade ago, there has been substantial objection, it is so ordered. else. He talked about who we are as public interest in, and discussion of, the fun- Mr. HEINRICH. Mr. President, tor- Americans, and he also talked from damental efficacy of the so-called ‘‘enhanced ture is wrong, it is un-American, and it personal experience about what torture interrogation techniques’’ (EITs). Despite doesn’t work. Recognizing these impor- the employment of these methods, critical tant realities, the President signed an will do and whether it will produce questions remain unanswered as to whether good information, and I would submit EITs are an appropriate, lawful, or effective Executive order in January of 2009 that that JOHN MCCAIN knows more about means of consistently eliciting accurate, limited interrogations by any Amer- that particular subject than all the timely, and comprehensive intelligence from ican personnel to the guidelines that rest of us in this body put together. individuals held in custody. Based on our ex- are in the Army Field Manual, and he I got a critical note from a friend in perience, torture and other forms of abusive reinforced U.S. commitment to the Ge- Maine this morning that said ‘‘You or coercive techniques are more likely to neva Conventions. This closed the book know, you are naive’’ and all those generate unreliable information and have re- on the Bush administration’s interro- kinds of things. I just wrote him back peatedly proven to be counterproductive as a gation program. But make no mis- means of securing the enduring cooperation and said, ‘‘Don’t take it from me; of a detained individual. They increase the take—these weren’t enhanced interro- watch what JOHN MCCAIN had to say.’’ likelihood of receiving false or misleading gations. This was torture. I would chal- We are exceptional, but we are not information, undermine this nation’s ability lenge anyone to read this report and exceptional because of natural re- to work with key international partners, and not be truly disturbed by some of these sources or because we are smarter and bolster the recruiting narratives of terrorist techniques. better looking than anybody else; we groups. Releasing the Intelligence Commit- are exceptional because of our values. We would like to emphasize that this view tee’s study of the CIA’s detention and We are one of the few countries in the is further supported by relevant studies in interrogation program to the American the behavioral sciences and publicly avail- world that was founded on explicit val- able evidence, which show that coercive in- people today will finally provide a ues and ideals and principles. And prin- terrogation methods can substantially dis- thorough accounting of what happened ciples aren’t something you discard rupt a subject’s ability to accurately recall and how it happened. In addition, like when times get tough. That is when and convey information, cause a subject to my colleague and friend from Maine

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.066 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6431 who spoke before me, I hope this proc- every case, the committee found that involved and the political battle waged ess helps to ensure that it never ever the intelligence was already available in the release of this study, but those happens again. from other sources or provided by the stories are reductive, and I hope they This was a grave chapter in our his- detainees themselves before they were will soon be forgotten. Because the tory, and the actions taken under this tortured. story of what happened in this deten- program cost our Nation global credi- However, we need to stop treating tion and interrogation program—and bility, and—let’s be blunt—they put the issue of torture as one worthy of how it happened—is too important, and American lives at risk. Some have sug- debate over its practical merits. This is it needs to be fully understood so that gested that releasing this report could about torture being immoral, being un- future generations will not make the put American lives at risk. But let’s be American. Reducing a human being to same mistakes that our country made clear. It has been the use of torture a state of despair through systematic out of fear. that has unnecessarily put Americans subjugation, pain, and humiliation is When America engages in these acts, in harm’s way. unquestionably immoral. It should with authorization from the highest There is no question that there will never happen again with the blessing of levels of government, we invite others never be a good time to release this the Government of the United States of to treat our citizens and our soldiers study. We all know that for months, America. the same way. This study should serve terrorists in the extremist group ISIS As my colleague who spoke before as a warning to those who would make have been kidnapping and barbarically me—Senator KING of Maine—said so similar choices in the future or argue killing innocent Americans because of well in an interview this morning, about the efficacy of these techniques. what we as a nation stand for. The re- ‘‘This is not America. This is not who Let us learn from the mistakes of the sponse to their threats and terrorism we are.’’ I think that sums up how I past, and let us never repeat these mis- should not be for us to change our view the revelations in that report. takes again. American values; it should be to stand The information in the study re- Before I close, I wish to say how im- firm in our values and work with our leased today to the public will finally portant it is to acknowledge that the allies to root out extremism and ter- pull back the curtain on the terrible Intelligence Committee’s study of the rorism in all its forms. judgment that went into creating and CIA’s detention and interrogation pro- The release of this study will finally implementing this interrogation pro- gram represents many, many years of let us face what was done in the name gram. hard work by Members and staff who of the American people and allow for The decision to use these techniques faced incredible obstacles in com- future generations to use these find- and the defense of the program were pleting their work. The fact that this ings to learn from the mistakes made the work of a relatively small number study is finished is a testament to by the architects of this program. This of people at the CIA. This study is in their dedication, and it is a testament is an objective, fact-based study. It is a no way a condemnation of the thou- to the dedication and focus of Chair- fair study. And it is the only com- sands of patriotic men and women at man ROCKEFELLER and Chairman FEIN- prehensive study conducted of this pro- this great Agency who work tirelessly STEIN in deciding that oversight is our gram and the CIA’s treatment of its de- every day to protect and defend our job, regardless of how long it takes. tainees in the aftermath of the Sep- Nation from very real and imminent Mr. President, I yield the floor. tember 11 attacks. Today marks an threats using lawful measures; using The PRESIDING OFFICER. The sen- enormous, albeit painful, step into our effective measures. In fact, the insist- ior Senator from Michigan. future. ence that so many intelligence suc- Mr. LEVIN. Mr. President, the report It is important to know that these cesses were the result of enhanced in- released today by the Intelligence torture methods were the brainchild of terrogations negates and marginalizes Committee is an important addition to a few CIA officials and their contrac- the effective work done by thousands the public’s knowledge about the CIA’s tors. When I joined the Intelligence of other CIA officers not involved in use of torture, euphemistically de- Committee two years ago, I began to these activities. scribed by some as ‘‘enhanced interro- read the classified report and was sur- What this study does is show that gation techniques’’ in the period fol- prised to learn this. Frankly, it was multiple levels of government were lowing the September 11, 2001, terrorist not consistent with all of my assump- misled about the effectiveness of these attacks. tions. It wasn’t what my prejudices techniques. If secretive government The use of these techniques was a told me to expect. But that is exactly agencies want to operate in a democ- failure, both moral and practical. why a fact-based study is so important. racy, there must be trust and trans- These tactics violated the values this Furthermore, it is important to parency with those who are tasked Nation has long stood for, while adding know that at every turn, CIA leader- with the oversight of those agencies. little benefit to our security. As GEN ship avoided congressional oversight of As the committee carries out future David Petraeus and others have point- these activities and, even worse, misled oversight, we will benefit from the les- ed out, their use has placed U.S. per- Congress. That leadership deliberately sons in this study. I hope we never sonnel at greater risk of being tor- kept the vast majority of the Senate again let the challenges of difficult tured. They have tarnished America’s and House Intelligence Committees in times be used as an excuse to frustrate standing in the world and undermined the dark on the interrogation tech- and defer oversight the way it was in our moral authority to confront ty- niques until the day the President re- the early years described in this report. rants and torturers. I am glad this re- vealed the detention and interrogation Although President Obama ended the port will fully inform a public debate program to the rest of the world in program by signing that Executive with facts that have remained classi- 2006—4 years after it began. order in 2009, any future President fied for too long, and I hope it ensures Even then, misrepresentations to the could reverse it. It is worth remem- that our Nation never again resorts to committee about the effectiveness of bering that years before this detention such brutal and misguided methods. this program continued, in large part and interrogation program even began, The report lays out clearly that, con- because the CIA had never performed the CIA had sworn off the harsh inter- trary to claims by former CIA and any comprehensive review of the effec- rogations of its past. But in the wake Bush administration officials, these tiveness of the interrogation tech- of the terrorist attacks against the techniques did not produce uniquely niques or the actions of its officers. United States, it repeated those mis- valuable intelligence that saved lives. Myths of the effectiveness of torture takes by once again engaging in brutal The report examines 20 such specific have been repeated, perpetuating the interrogations that undermined our representations that were used fre- fable that this was a necessary pro- Nation’s credibility on the issue of quently by the CIA to make the case to gram that somehow saved lives. human rights, produced information of policymakers for continued use of abu- The committee examined the CIA’s dubious value, and wasted millions and sive techniques. In all 20 cases, the claims of plots thwarted and detainees millions of taxpayer dollars. CIA’s claims about the value of intel- captured as a result of intelligence The public interest in this issue too ligence gathered through torture were gained through torture. In each and often has centered on the personalities inaccurate. At the same time the CIA

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Some have argued against releasing to be able to have an idea to pursue a This is not at all surprising when we this report, suggesting that it could business plan, to save for your family’s consider the origin of these abusive in- spark violence against American inter- and children’s education, to save for terrogation techniques. In 2008 the Sen- ests. Fundamentally, the idea that re- your own retirement, to prepare your- ate Armed Services Committee pro- lease of this report undermines our se- self for a bright financial future. Unfor- duced a detailed investigative report curity is a massive exercise in blame tunately, many Americans struggle to into the treatment of detainees in mili- shifting. Telling the truth about how do that. tary custody. That report traced the we engaged in torture doesn’t risk our Certainly, one of the aspects of that path of techniques such as security. It is the use of torture that circumstance is there is very little sav- waterboarding, sleep deprivation, and undermines our security. Release of ings that goes on in our country today. forced nudity from the military’s sur- this report is hopefully an insurance People are unable or unwilling, or per- vival, evasion, resistance, and escape policy against the danger that a future haps undisciplined, in a way that al- training, or SERE training, the path to President, a future intelligence com- lows them to prepare for their financial interrogations of U.S. detainees. SERE munity, and a future Congress might security and their financial future. The training was not designed to train U.S. believe that we should compromise our problem is—and statistics bear this personnel to torture detainees. Rather, values in pursuit of unreliable informa- out—people aren’t saving. The reality it was designed to prepare U.S. per- tion through torture. If a future Amer- is, according to a recent survey, 44 per- sonnel to survive torture at the hands ica believes that what America’s CIA cent of American households lack the of our enemies. SERE training simu- did in 2001, 2002, and 2003 was accept- savings to cover basic expenses for 3 lated techniques that were used by the able and useful, we are at risk of re- months if unemployment or medical Chinese interrogators during the Ko- peating the same horrific mistakes. emergency or another crisis leads to a rean War—techniques designed to elicit That is a threat to our security. loss of stable income. Many Americans a confession—any confession—whether Torture is never the American way. have the inability—almost the major- true or false. Those who tortured U.S. Concealing the truth is never the ity of Americans have the inability to troops were not after valuable action- American way. Our Nation stands for care for themselves and their families able intelligence. They were after con- something better. Our people deserve if there is an emergency or a problem fessions they could use for propaganda something better—they deserve an in- for more than 3 months. That is some- purposes. telligence community that conducts thing we ought to try to resolve. Defenders of the CIA’s actions have itself according to the law, according I also think there has been over a pe- claimed that abusive techniques pro- to basic human values, and with the riod of time a disparity of incomes. We duced key intelligence on locating bin safety of our troops always in mind. want to make certain those at the low- Laden that couldn’t have been acquired They deserve better than intelligence est income levels have an opportunity through other means. This is false, as tactics that are likely to produce use- to increase their income and to in- the Intelligence Committee’s report less lies from people trying to end their crease their financial stability. In fact, demonstrates in detail. Not only was torture being used against them, in- the Senator from Oregon, Senator the key information leading to bin stead of producing valuable intel- WYDEN, and I created sometime ago the Laden obtained through other means ligence. Senate Economic Mobility Caucus, try- not involving abusive interrogation I thank Chairman FEINSTEIN for her ing to make certain that people have a techniques by the CIA, but, in fact, the leadership in completing and releasing chance to move up the ladder of eco- CIA detainee who provided the most this report. I thank Senator ROCKE- nomic success and security in our econ- significant information about the cou- FELLER for his longstanding effort in omy and in our country. Senator rier provided the information prior to this regard. I thank Senator MCCAIN WYDEN and I came together to bring being subjected to abusive interroga- and others for speaking out on the need some of the best minds from conserv- tion. to ensure that the United States never ative to more liberal thought-pro- There has been a great deal of con- again repeats these mistakes. voking organizations and policy orga- versation, and rightly so, about the Mr. President, I yield the floor, and I nizations to visit with Republican and need for effective congressional over- suggest the absence of a quorum. Democratic Senators and their staffs The PRESIDING OFFICER. The sight of our intelligence community about what ideas are out there that and the obstacles that exist to that clerk will call the roll. The assistant bill clerk proceeded to might increase the chances that a per- oversight. This report highlights many son or a family has the chance to im- such obstacles. In one case, this report call the roll. Mr. MORAN. Mr. President, I ask prove their financial circumstances. makes public the likely connection be- unanimous consent that the order for One of the ideas that arose from that tween the Senate’s efforts to oversee the quorum call be rescinded. caucus’s discussions was this legisla- intelligence and the destruction of CIA The PRESIDING OFFICER. Without tion called the American Savings Pro- tapes documenting abusive interroga- objection, it is so ordered. motion Act, again, with the realization tion of detainees. In 2005 I sponsored a that people are not saving for their f resolution, with the support of ten col- own financial security, that they lack leagues, to establish an independent AMERICAN SAVINGS PROMOTION stability in times of emergency and national commission to examine treat- ACT difficult economic challenges to care ment of detainees since 9/11. According Mr. MORAN. Mr. President, I am on for themselves, how can we encourage to emails quoted in the report released the floor this afternoon to speak brief- Americans to save more? today, Acting CIA General Counsel ly about the American Savings Pro- One of the ideas that came forth in John Rizzo wrote on October 31, 2005, motion Act, H.R. 3374. this regard is the opportunity to link that the commission proposal ‘‘seems My understanding is that this bill savings to prizes. When I first heard to be gaining some traction,’’ and ar- may soon pass the Senate—it was this, I thought it sounded a little bit gued for renewed efforts ‘‘to get the passed by the House of Representatives odd, a little bit like a gimmick. But right people downtown’’—that is, at in September—and I wish to speak the reality is with little savings, people the White House—‘‘on board with the briefly about its value to our country, still believe—in fact, 20 percent of notion of our destroying the tapes.’’ to its citizens, and to our country’s fu- Americans believe that winning the Does it sound a little bit like Water- ture. lottery is a meaningful strategy to gate? The videos were destroyed at the I believe this is a fairly narrow cir- build wealth. Americans spend more direction of Jose Rodriguez, then the cumstance with broad consequences. I than $60 billion every year on lottery

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Well, the agency that tery, but about allowing financial in- encouraged. least wanted to see this report come stitutions the opportunity to provide I appreciate that it is likely that out and most wanted to hammer at it prizes for those who save, who open a later today or tomorrow H.R. 3374 will had 6 months with full access to all of savings account and deposit money pass, again, an example of where we the files and the underlying knowledge into that account. In our country, be- have been able to work together and of what was done. The best they could cause of the way financial institutions bring new ideas to the cause of making come up with was a single correction. are regulated, that has been an oppor- certain that everybody has the oppor- So I hope we can get past whether it tunity in a number of States in credit tunity to increase their economic was correct. union financial institutions for a pe- value, to increase the economic worth The other thing we should get past is riod of time. In fact, the statistics and for their family available for the fu- this was a bunch of second-armchair the facts that arise from that experi- ture, to pay their bills, and to make thinking by people who approved the ment or that experience indicate that certain their future is bright, again, in program originally and now, on reflec- savings increases when there is a prize my mind making sure the American tion, want to look good. The Senate associated with the savings behavior. dream is more alive and all American was not briefed on this program until So it is one of the reasons this makes families are better off. the public found out about it. The Sen- sense. Prize-linked savings is an inno- Mr. President, I thank you for the ate Intelligence Committee was not vation, a tool to encourage savings opportunity to address the Senate, and briefed on this program until the pub- while offering the chance to win a larg- I suggest the absence of a quorum. lic found out about it. The only people er prize. The PRESIDING OFFICER. The who were briefed on it were the Chairs, We know these programs work be- clerk will call the roll. the Chair and the Vice Chair on the cause of the evidence in the States that The assistant bill clerk proceeded to House and the Senate side. They were I mentioned in which credit unions call the roll. told strictly not to talk to anybody, have been offering these prizes associ- Mr. WHITEHOUSE. Madam Presi- not to talk to staff, not to consult with ated with savings, and that has oc- dent, I ask unanimous consent that the lawyers, in some cases not even to talk curred in Nebraska and North Carolina order for the quorum call be rescinded. with each other. So the idea that the and Washington. Since 2009, over 50,000 The PRESIDING OFFICER (Ms. WAR- Senate is now having some kind of sec- accountholders have collectively saved REN). Without objection, it is so or- ond thoughts about this, having once more than $94 million, and it only is dered. approved it—part of the findings of the available in the credit union setting f report are that the Senate was misled. and not available in a bank setting be- Not only was the Senate misled, but it SSCI STUDY OF THE CIA’S DETEN- cause of Federal barriers that prevent appears the executive branch was mis- TION AND INTERROGATION PRO- banks and thrifts from offering these led as well. GRAM prize-linked savings products. The point that I would like to con- With the passage of this legislation— Mr. WHITEHOUSE. Madam Presi- clude with is that when you have a again, which is a pretty straight- dent, I had a chance briefly earlier, wrong, a considerable wrong that has forward, commonsense kind of oppor- when Chairman DIANNE FEINSTEIN of taken place—and I think that for an tunity—this legislation will update the Senate Intelligence Committee and American agency to torture a human Federal laws to allow States to expand her predecessor as Chairman of the being is a very considerable wrong—it prize-linked savings to other financial Senate Intelligence Committee, Com- tends to affect nearby areas. You can- institutions beyond credit unions. merce Chairman JAY ROCKEFELLER, not contain the wrong. So congres- Increasing savings is a win-win for were on the floor, to express my appre- sional oversight was compromised in individuals. It is certainly valuable to ciation to them for the leadership they order to protect this program. People boost the financial institutions’ ac- showed in bringing the Senate Intel- simply were not told. When they were counts and an improvement to the ligence Committee report through a told, they were given watered-down, American economy. very long ordeal and finally before the misleading, or outright false versions. This legislation was introduced by American public today. The separation of powers has been me, with the cosponsorship efforts of I am not going to revisit what the re- compromised by this. A Federal execu- Senator SHERROD BROWN, the Senator port says. I was on the Intelligence tive agency has actually used its tech- from Ohio, in an effort to create one Committee as it was prepared. I was nological skills to hack into the files of more opportunity, one more piece of closely involved in its preparation. The a congressional investigative com- encouragement for people to save for points I would like to make here today mittee. That has to be a first in this their own financial well-being, to care are, first, to once again thank Chair- country’s history. A subject of a con- for themselves and their families, and man ROCKEFELLER and Chairman FEIN- gressional investigation was allowed to to increase the savings rate in this STEIN for persisting through this proc- file a criminal referral with the De- country for the benefit of the entire ess, particularly Chairman FEINSTEIN, partment of Justice against members economy, but most importantly for the who I think saw very intense resist- of the investigative committee’s staff. benefit of low-income individuals who ance both within the Senate and within That, I believe, is a first in the history need a boost of encouragement to save. the CIA to this effort. They, I think, of separation-of-powers offenses in this I wish to thank my colleagues in the have done something that is in the country. House. As I say, this legislation passed very best traditions of the Senate. The integrity of reporting not only in the House where Congressman KIL- The second thing I will say is that in through congressional oversight, but MER and Congressman COTTON led the my opinion, in America, an open de- up into the executive branch, appears effort in the House, and my colleague, mocracy like ours lives and dies by the to have been compromised to protect the Senator from Ohio, Senator BROWN, truth. If we have done something this program with information that the for his efforts in supporting this legis- wrong, if we have done something we government already knew, from legiti- lation here in the Senate. It is an op- should not have done, then we should mate, proper, professional interroga- portunity for us to do something mod- come clean about it. That is what this tion, being ascribed to the torture pro- est but useful, something based upon report does, in excruciating, pains- gram. You can line up the timeline. common sense, and something that ac- taking detail. You can see that the information was complishes a goal we all should have of Let me credential the report for a disclosed first. You can see where high- making certain the American dream is minute. When the CIA was offered a er-ups in the executive branch were alive and well, that individuals and chance to challenge the facts of the re- told that that information was due to families take personal responsibility port, they had it for 6 months. My un- the torture which occurred after the

VerDate Sep 11 2014 04:47 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.071 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6434 CONGRESSIONAL RECORD — SENATE December 9, 2014 information was received. That simply so hard to perform this extraordinary focus on passing a health care law. He does not meet the test of basic logic. service. further said: The final thing is that it com- I yield the floor, and I suggest the ab- Unfortunately, Democrats blew the oppor- promised the integrity of the way we sence of a quorum. tunity the American people gave them. We look at our law. The Department of The PRESIDING OFFICER. The took their mandate and put all of our focus Justice and the Office of Legal Counsel clerk will call the roll. on the wrong problem—health care reform. wrote opinions designed to allow and The assistant legislative clerk pro- Now, as a result, my colleague from protect this program that were so bad ceeded to call the roll. New York said: ‘‘The average middle- that they have since been withdrawn Mr. REID. I ask unanimous consent class person thought, ‘the Democrats by the Department of Justice. that the order for the quorum call be aren’t paying enough attention to The Presiding Officer is a very able rescinded. me.’ ’’ and experienced lawyer. Those of us The PRESIDING OFFICER. Without Well, Democrats weren’t paying who have been in the Department of objection, it is so ordered. enough attention to middle-class fami- Justice know well that the Office of f lies. The American people didn’t sup- Legal Counsel stands at the pinnacle of port the health care law, and they UNANIMOUS CONSENT AGREE- the Department of Justice in terms of made that clear. But Democrats just MENT—EXECUTIVE CALENDAR legal talent, ability, and acumen. Many ignored their objections and forced it of us believe the Department of Justice Mr. REID. I ask unanimous consent through anyway. stands at the pinnacle of the American that following the vote on confirma- They were far from frank about what legal profession. So those are the peo- tion of Executive Calendar No. 1081, was in the bill. In fact, ObamaCare ar- ple who ordinarily are the best of the Walter, the Senate consider Calendars chitect Jonathan Gruber essentially best. When they write legal opinions so Nos. 1094 and 1095; that there be 2 min- admitted that Democrats were delib- shoddy that they have to be with- utes for debate equally divided between eratively deceptive when passing their drawn, when they overlook and fail to the two leaders or their designees prior health reform law. Gruber said: even address the U.S. Circuit Court de- to each vote; that upon the use or cisions that describe waterboarding as This bill was written in a tortured way to yielding back of time the Senate pro- make sure CBO did not score the mandate as torture when they are answering the ceed to vote without intervening ac- taxes. . . . Lack of transparency is a huge question, is waterboarding torture, tion or debate on the nominations in political advantage. And basically, call it that is shoddy legal work. the order listed; that any rollcall the ‘stupidity of the American voter’ or When I first got a look at this and votes, following the first in the series, whatever, but basically that was really, real- came to the Senate floor to speak be 10 minutes in length; that if any ly critical to getting the thing to pass. about it, I described it as ‘‘fire the as- nomination is confirmed, the motion to That is from Jonathan Gruber, as I sociate’’ quality legal work. That is reconsider be considered made and laid said, an architect of ObamaCare. what we got from the very top of the 1 upon the table with no intervening ac- Well, 4 ⁄2 years after the law has Department of Justice. It is not be- tion or debate; that no further motions passed, it is clear Americans were right cause there was a lack of talent there. be in order to the nomination; that any to be concerned. The law that was sup- It is because things were bent and statements related to the nomination posed to reduce the cost of health care twisted to support this program. So it be printed in the RECORD; that the for American families is actually driv- is very important that the truth just President be immediately notified of ing up prices. came out. Each Friday my office puts out a doc- I am very glad this has happened. It the Senate’s action and the Senate then resume legislative session. ument featuring the ObamaCare head- is a sad day in many respects because lines of the week. I would like to read these are hard truths. These are hard The PRESIDING OFFICER. Is there objection? a few headlines from the past week facts to have to face. But we are better that I think give a picture of where we off as a country if we face hard truths Without objection, it is so ordered. Mr. REID. For the information of all are with this law. and hard facts. This is from the Associated Press: I will close by saying this. I have Senators, these two nominations are ‘‘Healthcare.gov average premiums traveled all over that theater looking Peter Michael McKinley to be Ambas- going up in 2015.’’ From the Wall Street at the way our Central Intelligence sador to the Republic of Afghanistan Journal: ‘‘More Cost of Health Care Agency operates and the way our other and Richard Rahul Verma to be Am- Shifts to Consumers.’’ From covert operations operate. I am ex- bassador to India. Businessweek: ‘‘Obamacare’s Future: tremely proud of what our intelligence We expect that the nominations will services do. I am incredibly impressed be considered and confirmed by voice Cancer Patients Paying More for Medi- by the courage and the talent of the vote. cation.’’ From Gallup: ‘‘Cost Still a young officers who go overseas into I suggest the absence of a quorum. Barrier Between Americans and Med- often very difficult and dangerous situ- The PRESIDING OFFICER. The ical Care.’’ From the Fiscal Times: ations and do a brilliant job. In many clerk will call the roll. ‘‘High Deductible Plans Have More respects, it is for them that I think The assistant legislative clerk pro- People Delaying Treatment.’’ From this report needs to be out. It needs to ceeded to call the roll. U.S. News & World Report: ‘‘Americans be known that this was not the whole Mr. THUNE. Madam President, I ask Unhappy With Obamacare Shopping department, that there are many offi- unanimous consent that the order for Experience.’’ And from The Hill: ‘‘Se- cers who had nothing to do with it and the quorum call be rescinded. curity Flaws Found in Obamacare Fee would want nothing to do with it and The PRESIDING OFFICER. Without Calculator.’’ knew better. There were many people objection, it is so ordered. And I could go on. Those are just who were professionals in interrogation f headlines from last week. I could read similar headlines from the week before who knew how amateurish this was. It OBAMACARE was done by a bunch of contractors, ba- and from the week before that. sically. Mr. THUNE. Madam President, a Any way you look at it, ObamaCare So I think we should be well aware, Bloomberg headline Monday noted: is a mess. The President promised the as we reflect on this, of their courage ‘‘Half of the Senators Who Voted for law would lower premiums by $2,500. In and of the sacrifice and of the ability ObamaCare Will be Gone in 2015.’’ fact, the average family health care and of the discipline of the young men ObamaCare, it seems, has not been premium has increased by $3,064 since and women who put themselves in kind to the party that jammed it the law was passed, and family pre- harm’s way to make sure that this through Congress. miums are still going up. country has the information and the In fact, the third ranking Democrat The President promised Americans intelligence it needs to succeed in the in the Senate admitted as much 2 could keep the health care plans they world. I am proud of them. weeks ago when he told an audience had and liked. In reality, ObamaCare I am also proud of the Intelligence that Democrats made a mistake after has forced millions of Americans off Committee and our staffs who worked the 2008 election by putting all their their plans.

VerDate Sep 11 2014 05:26 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.073 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6435 The President promised that Ameri- We will work with the President to maybe that is why we have been as suc- cans would be able to keep the doctors expand trade promotion authority to cessful as we have. they liked. In fact, Americans have open new markets for American agri- I also wish to recognize the hard lost the doctors they liked and trusted, cultural products and manufactured work of so many of the staff members not to mention access to convenient goods, and we will take up legislation on both sides, the work they put in, hospitals and needed medications. to repeal the President’s national en- and the cooperative nature under The President promised that shop- ergy tax, which could eliminate tens of which they have worked. ping for ObamaCare would be like thousands—hundreds of thousands—of We have before us a bill we are trying shopping on Amazon or Kayak. The re- jobs and devastate entire communities. to clear called the Taxpayers Right-to- ality is the President’s own former We also intend to take up big Know Act, and it is actually a continu- Health and Human Services Secretary projects that would help put our econ- ation of a bill that Senator CARPER, recently admitted it was more like omy on a path to long-term health, myself, and several others—including buying an airline ticket using your fax such as legislation to simplify and the President—started when we started machine. streamline our costly and inefficient the transparency act back in 2009. This We are still just talking about the Tax Code. follows along with the DATA Act ways ObamaCare has harmed Ameri- The election results were pretty deci- which was passed this year. cans’ health care. But the damage sive. Americans made it very clear What this bill does is says the Amer- hasn’t been confined to health care. they were tired of the Democrats’ poli- ican people ought to know where the ObamaCare is also hurting our already cies and they wanted a change in Wash- money is being spent, and so it says sluggish economy. ington, and Republicans are listening. the agencies are going to list the pro- Take the ObamaCare tax on life- Our priorities in the next Congress will grams they have. It is done in a saving medical devices, such as pace- be the American people’s priorities. We stepwise fashion so it doesn’t put too makers and insulin pumps. This tax will focus on creating jobs and growing much pressure on OMB as they try to has already eliminated thousands of our economy, and we hope the Demo- implement it. I believe at this time we jobs in the medical device industry, crats will join us. The American people are waiting to make sure we have and it is on track to eliminate thou- have been waiting long enough. clearance for this before we ask for a sands more if it isn’t repealed. In fact, Madam President, I yield the floor, unanimous consent. this tax is so bad that even Democrats and I suggest the absence of a quorum. I yield my remaining time to the who voted for ObamaCare support re- The PRESIDING OFFICER. The chairman of the committee, Senator pealing the tax. clerk will call the roll. CARPER. Then there is the ObamaCare 30-hour The assistant bill clerk proceeded to The PRESIDING OFFICER. The Sen- workweek rule, which has forced em- call the roll. ator from Delaware. ployers to cut workers’ hours and Mr. COBURN. Madam President, I Mr. CARPER. Madam President, I wages, and there are the numerous— ask unanimous consent that the order would like to say to my colleague, Ted numerous—ObamaCare rules and regu- for the quorum call be rescinded. Kennedy said to me when I first got lations that are making it difficult for Mr. CARPER. I object, just for a mo- here a number of years ago, talking small businesses to hire and create ment. about compromise and that sort of jobs. It is no wonder that Democrats The PRESIDING OFFICER. Objec- thing—he always said: I am willing to are rethinking their decisions to sup- tion is heard. compromise on policy, not on prin- port this law. The assistant bill clerk continued ciple. Americans have made it clear they with the call of the roll. I think if we look at what we have do not like ObamaCare, and Repub- Mr. COBURN. Madam President, I accomplished in the last 2 years, that licans are listening. One of our top pri- ask unanimous consent that the order is exactly what we have done. I thank orities when we take the majority in for the quorum call be rescinded. my colleague for being a great leader— the Senate in the new Congress will be The PRESIDING OFFICER. Is there not just of his caucus but of our body working to repeal this law and replac- objection? and for being my friend. ing it with real reforms—reforms that Without objection, it is so ordered. With that, I would say on the legisla- will actually cut costs and improve Mr. COBURN. I ask unanimous con- tion that is before us, as he suggested, Americans’ access to health care. sent to speak for at least 5 minutes. the Taxpayers Right-to-Know Act does In the meantime, we will focus on The PRESIDING OFFICER. Without build on previous legislation reported chiseling away at the law’s most harm- objection, it is so ordered. out of our committee. Some of those ful provisions. We want to repeal the f bills, the DATA Act, the Government job-killing medical device tax and re- Performance and Results Moderniza- store the 40-hour workweek so that em- TAXPAYERS RIGHT-TO-KNOW ACT tion Act, and some others have been ployers will no longer be forced to cut Mr. COBURN. Madam President, I signed into law with bipartisan sup- workers’ hours in order to afford first wish to spend a few minutes talk- port, including by the current Presi- health care costs. Many Democrats as ing about my colleague and chairman dent. well as Republicans opposed these of the Homeland Security and Govern- The Taxpayers Right-to-Know Act is ObamaCare provisions, so I look for- mental Affairs Committee. a good government bill that will pro- ward to bipartisan repeals. The last 2 years have been a real vide better and more detailed informa- The senior Senator from New York pleasure on my part, and I have grown tion to Congress and the American peo- was right when he said Democrats to have a great friendship with the ple about Federal spending. Congress made a mistake when they decided to chairman of the committee. I can truly has passed several bills in the last few focus on the President’s health care say in our committee we have done a years to improve transparency on gov- law instead of on jobs and the econ- lot of great work. We have both com- ernment spending and to get this infor- omy. In poll after poll, Americans have promised on a lot of issues to try to mation online. Unfortunately, the in- made it clear they want their rep- move the country forward, and to him formation has not always been pro- resentatives in Washington focused on I am thankful for that. I don’t think ei- vided at the level of detail taxpayers creating jobs and on growing the econ- ther of us have had to break on any and a number of my colleagues and I omy, and that is what the new Repub- principles we have had to be able to do would prefer. lican majority in the Senate intends to that. I think our committee has been a This bill builds on the Government do. model in terms of doing bipartisan bills Performance and Results Moderniza- We will take up legislation to ap- and on bipartisan approval of nomi- tion Act passed in 2010 and that I coau- prove the Keystone XL Pipeline and nees. For him, I would say I appreciate thored with Senators WARNER and the 42,000-plus jobs it would support. his leadership this past year. He has Akaka. That bill required OMB to work We will take up House-passed bills that the unfortunate attribute of having the with agencies to create a list of all have been gathering dust on the Demo- same initials I do, so it is somewhat Federal programs that can be accessed cratic leader’s desk. confusing on our committee. But on a single Web site.

VerDate Sep 11 2014 05:26 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.076 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6436 CONGRESSIONAL RECORD — SENATE December 9, 2014 Unfortunately, there has been no NOMINATION OF VIRGINIA TYLER Executive Calendar No. 1095, the Sen- consistency whatsoever across the gov- LODGE TO BE A MEMBER OF ate consider Calendar Nos. 800 and 801; ernment in how agencies define the THE BOARD OF DIRECTORS OF that there be 2 minutes for debate term ‘‘program.’’ GAO has agreed that THE TENNESSEE VALLEY AU- equally divided between the two lead- the current program list isn’t giving us THORITY—Continued ers or their designees prior to each the kind of transparency we want be- The PRESIDING OFFICER. Under vote; that upon the use or yielding cause agencies took different ap- the previous order, there will now be 2 back of that time, the Senate proceed proaches in defining their programs. minutes of debate prior to a vote on to vote without intervening action or The Taxpayers Right-to-Know Act ad- the Lodge nomination. debate on the nominations in the order dresses this problem by defining the Mr. REID. I yield back all time. listed; that any rollcall votes following term ‘‘program.’’ The PRESIDING OFFICER. Without the first in the series be 10 minutes in GAO has also noted that the current objection, all time is yielded back. length; that if any nomination is con- program inventory does not allow Con- The question occurs on the Lodge firmed, the motion to reconsider be gress and the GAO to compare similar nomination. considered made and laid upon the programs, which is an obstacle to Mr. ALEXANDER. Madam President, table with no intervening action or de- measuring government performance. I ask for the yeas and nays. bate; that no further motions be in Additionally, budget and cost informa- The PRESIDING OFFICER. Is there a order to the nomination; that any tion is not available for all programs. sufficient second? statements related to the nomination There appears to be a sufficient sec- This bill will ensure that agencies be printed in the RECORD; that the ond. provide a full list of their programs The question is, Will the Senate ad- President be immediately notified of along with important information vise and consent to the nomination of the Senate’s action and the Senate about each program. For grants and Virginia Tyler Lodge, of Tennessee, to then resume legislative session. other types of direct assistance, it will be a Member of the Board of Directors The PRESIDING OFFICER. Is there provide information on how many peo- of the Tennessee Valley Authority? objection? ple a program serves and how many The clerk will call the roll. Without objection, it is so ordered. people it takes to run it. The assistant bill clerk called the Mr. REID. We expect the nomina- A complete inventory of Federal pro- roll. tions to be considered by voice vote. grams, along with budget and financial Mr. DURBIN. I announce that the information at the program level, will Senator from Iowa (Mr. HARKIN) and f allow Congress to compare similar pro- the Senator from Louisiana (Ms. LAN- NOMINATION OF RONALD ANDER- grams and identify overlap and dupli- DRIEU) are necessarily absent. cation. The PRESIDING OFFICER. Are there SON WALTER TO BE A MEMBER The bill has strong bipartisan sup- any other Senators in the Chamber de- OF THE BOARD OF DIRECTORS port in our committee and was re- siring to vote? OF THE TENNESSEE VALLEY AU- ported out without dissent. Seeing it to The result was announced—yeas 86, THORITY—Continued final passage would be a good win for nays 12, as follows: The PRESIDING OFFICER. Under this Congress. [Rollcall Vote No. 320 Ex.] the previous order, there will be 2 min- I am pleased to yield back to our col- YEAS—86 utes of debate prior to a vote on the league from Oklahoma for a unanimous Alexander Gillibrand Murphy Walter nomination. consent request. Ayotte Graham Murray Mr. REID. I yield back that time. Baldwin Grassley Nelson The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Barrasso Hagan Portman ator from Oklahoma. Begich Hatch Pryor objection, all time is yielded back. Bennet Heinrich Reed The question is, Will the Senate ad- f Blumenthal Heitkamp Reid vise and consent to the nomination of Booker Hirono Rockefeller Ronald Anderson Walter, of Tennessee, UNANIMOUS CONSENT REQUEST— Boozman Hoeven Rubio Boxer Inhofe Sanders to be a Member of the Board of Direc- S. 2113 Brown Isakson Schatz tors of the Tennessee Valley Author- Cantwell Johanns Schumer Mr. COBURN. Madam President, I Cardin Johnson (SD) ity? Scott ask unanimous consent that the Sen- Carper Johnson (WI) Mr. CARDIN. I ask for the yeas and Sessions Casey Kaine ate proceed to the immediate consider- Shaheen nays. ation of Calendar No. 531, S. 2113; that Coats King The PRESIDING OFFICER. Is there a Cochran Kirk Shelby the committee-reported substitute be Collins Klobuchar Stabenow sufficient second? agreed to, the bill, as amended, be read Coons Leahy Tester There appears to be a sufficient sec- a third time and passed, and that the Corker Lee Thune ond. Cornyn Levin Udall (CO) motion to reconsider be considered Cruz Manchin Udall (NM) The clerk will call the roll. made and laid upon the table. Donnelly Markey Vitter The bill clerk called the roll. The PRESIDING OFFICER. Is there Durbin McCain Walsh Mr. DURBIN. I announce that the Warner objection? Enzi McCaskill Senator from Iowa (Mr. HARKIN) and Feinstein Menendez Warren Mr. REID. Madam President, I don’t Fischer Merkley Whitehouse the Senator from Louisiana (Ms. LAN- like this bill. The White House doesn’t Flake Mikulski Wicker DRIEU) are necessarily absent. like the bill. I object. Franken Murkowski Wyden The PRESIDING OFFICER (Mr. DON- The PRESIDING OFFICER. Objec- NAYS—12 NELLY). Are there any other Senators tion is heard. Blunt Crapo Paul in the Chamber desiring to vote? Burr Heller Risch The result was announced—yeas 86, f Chambliss McConnell Roberts nays 12, as follows: Coburn Moran Toomey [Rollcall Vote No. 321 Ex.] CONCLUSION OF MORNING NOT VOTING—2 YEAS—86 BUSINESS Harkin Landrieu Alexander Carper Fischer The PRESIDING OFFICER. Morning The nomination was confirmed. Ayotte Casey Flake business is closed. The PRESIDING OFFICER. The ma- Baldwin Coats Franken jority leader. Barrasso Cochran Gillibrand f Mr. REID. This vote we are about to Begich Collins Graham Bennet Coons Grassley have will be the last recorded vote of EXECUTIVE SESSION Blumenthal Corker Hagan the day. Booker Cornyn Hatch The PRESIDING OFFICER. Under UNANIMOUS CONSENT AGREEMENT—EXECUTIVE Boozman Cruz Heinrich Boxer Donnelly Heitkamp the previous order, the Senate will re- CALENDAR Brown Durbin Hirono sume executive session to consider the I now ask unanimous consent that Cantwell Enzi Hoeven Lodge and Walter nominations. following the vote on confirmation of Cardin Feinstein Inhofe

VerDate Sep 11 2014 05:26 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.078 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6437 Isakson Merkley Sessions The PRESIDING OFFICER. Is there through questioning assumptions will Johanns Mikulski Shaheen objection? they successfully lead TVA through to- Johnson (SD) Murkowski Shelby Johnson (WI) Murphy Stabenow Without objection, it is so ordered. day’s challenges. Kaine Murray Tester VOTE ON MCKINLEY NOMINATION Also of importance is TVA’s contin- King Nelson Thune ued maintenance and eventual comple- Kirk Portman The PRESIDING OFFICER. Under Udall (CO) the previous order, the question is, Will tion of the Bellefonte nuclear power Klobuchar Pryor Udall (NM) Leahy Reed plant. In the 1970s, TVA made plans to Vitter the Senate advise and consent to the Lee Reid Walsh nomination of Peter Michael McKin- build a large number of nuclear reac- Levin Rockefeller Warner tors, but it abandoned those plans after Manchin Rubio ley, of Virginia, a Career Member of Markey Sanders Warren the Senior Foreign Service, Class of completing several plants while oth- McCain Schatz Whitehouse Minister-Counselor, to be Ambassador ers—including two units at McCaskill Schumer Wicker Bellefonte—were only partially com- Menendez Scott Wyden Extraordinary and Plenipotentiary of the United States of America to the Is- pleted. TVA continues to maintain its NAYS—12 lamic Republic of Afghanistan? assets at Bellefonte, where it has in- Blunt Crapo Paul The nomination was confirmed. vested $6 billion. I know that these Burr Heller Risch nominees will examine the cost to VOTE ON VERMA NOMINATION Chambliss McConnell Roberts complete Bellefonte and the baseload Coburn Moran Toomey The PRESIDING OFFICER. Under demand forecasts for TVA to best de- the previous order, the question is, Will NOT VOTING—2 termine when the plant should be com- the Senate advise and consent to the Harkin pleted. Landrieu nomination of Richard Rahul Verma, I believe the nominees have dem- of Maryland, to be Ambassador Ex- The nomination was confirmed. onstrated the ability to serve effec- traordinary and Plenipotentiary of the tively and I look forward to their serv- f United States of America to the Repub- ice on the Board and to working with NOMINATION OF PETER MICHAEL lic of India? them for the betterment of the region MCKINLEY, A CAREER MEMBER The nomination was confirmed. in the years to come. VOTE ON HAMMOND NOMINATION OF THE SENIOR FOREIGN SERV- f ICE, CLASS OF MINISTER-COUN- The PRESIDING OFFICER. Under LEGISLATIVE SESSION SELOR, TO BE AMBASSADOR EX- the previous order, the question is, Will TRAORDINARY AND PLENI- the Senate advise and consent to the The PRESIDING OFFICER. The Sen- POTENTIARY OF THE UNITED nomination of Tony Hammond, of Mis- ate will resume legislative session. STATES OF AMERICA TO THE IS- souri, to be a Commissioner of the f Postal Regulatory Commission? LAMIC REPUBLIC OF AFGHANI- PROTECTING VOLUNTEER FIRE- The nomination was confirmed. STAN FIGHTERS AND EMERGENCY RE- VOTE ON LANGLEY NOMINATION SPONDERS ACT OF 2014 The PRESIDING OFFICER. Under NOMINATION OF RICHARD RAHUL the previous order, the question is, Will Mr. REID. I ask the Chair to lay be- VERMA TO BE AMBASSADOR EX- the Senate advise and consent to the fore the Senate a message from the TRAORDINARY AND PLENI- nomination of Nanci E. Langley, of Ha- House with respect to H.R. 3979. The Presiding Officer laid before the POTENTIARY OF THE UNITED waii, to be a Commissioner of the Post- Senate the following message from the STATES OF AMERICA TO THE al Regulatory Commission? House of Representatives: REPUBLIC OF INDIA The nomination was confirmed. The PRESIDING OFFICER. Under Resolved, That the House agree to the amendment of the Senate to the bill (H.R. the previous order, the motions to re- 3979) entitled ‘‘An Act to amend the Internal NOMINATION OF TONY HAMMOND consider are considered made and laid Revenue Code of 1986 to ensure that emer- TO BE A COMMISSIONER OF THE upon the table and the President will gency services volunteers are not taken into POSTAL REGULATORY COMMIS- be immediately notified of the Senate’s account as employees under the shared re- SION actions. sponsibility requirements contained in the Patient Protection and Affordable Care LODGE AND WALTER NOMINATIONS Act,’’ with an amendment. Mr. SESSIONS. Mr. President, I MOTION TO CONCUR NOMINATION OF NANCI E. LANG- voted to confirm Virginia Lodge and Mr. REID. I move to concur in the LEY TO BE A COMMISSIONER OF Ron Walter to be members of the Board House amendment to the Senate THE POSTAL REGULATORY COM- of the Tennessee Valley Authority. I MISSION amendment to H.R. 3979. believe that these nominees are quali- The PRESIDING OFFICER. The The PRESIDING OFFICER. Under fied and have demonstrated the charac- clerk will report the motion. the previous order, the Senate will pro- teristics that will enable them to ful- The bill clerk read as follows: ceed to the consideration of the fol- fill their duties in supporting the mis- The Senator from Nevada [Mr. REID] moves lowing nominations, which the clerk sion of the TVA. to concur in the House amendment to the will report. According to the TVA Act, the Board Senate amendment to H.R. 3979. The assistant bill clerk read the sets the broad strategies and goals of CLOTURE MOTION nominations of Peter Michael McKin- the Tennessee Valley Authority. Given Mr. REID. There is a cloture motion ley, of Virginia, a Career Member of the many changes facing our elec- at the desk. I ask that the Chair order the Senior Foreign Service, Class of tricity system, those strategies for it reported. Minister-Counselor, to be Ambassador TVA—one of the Nation’s biggest utili- The PRESIDING OFFICER. The clo- Extraordinary and Plenipotentiary of ties—are critical. As technology ture motion having been presented the United States of America to the Is- changes the future of energy produc- under rule XXII, the Chair directs the lamic Republic of Afghanistan; Richard tion and energy use, the administra- clerk to read the motion. Rahul Verma, of Maryland, to be Am- tion is busy unleashing costly regula- The bill clerk read as follows: bassador Extraordinary and Pleni- tions that risk damaging our economy CLOTURE MOTION potentiary of the United States of for little environmental gain. We, the undersigned Senators, in accord- America to the Republic of India; Tony Navigating these crosscurrents, ance with the provisions of rule XXII of the Hammond, of Missouri, to be a Com- TVA’s Board must strive to keep elec- Standing Rules of the Senate, hereby move missioner of the Postal Regulatory tricity costs low through prudential to bring to a close debate on the motion to Commission; Nanci E. Langley, of Ha- and nonideological decisionmaking. concur in the House amendment to the Sen- ate amendment to H.R. 3979. waii, to be a Commissioner of the Post- They must continue the work of TVA’s Harry Reid, Carl Levin, Brian Schatz, al Regulatory Commission. current management to cut costs with- Martin Heinrich, John E. Walsh, Patty Mr. REID. Mr. President, I yield back out impacting service. Only through Murray, Jack Reed, Tom Udall, Shel- the time. demanding decisions based on data and don Whitehouse, Amy Klobuchar,

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.010 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6438 CONGRESSIONAL RECORD — SENATE December 9, 2014 Christopher A. Coons, Debbie Stabe- The PRESIDING OFFICER. Is there a wish him success and much happiness now, Robert Menendez, Tom Harkin, sufficient second? as he moves forward. Richard J. Durbin, Charles E. Schumer, There appears to be a sufficient sec- KAY HAGAN Robert P. Casey, Jr. ond. I have served with KAY HAGAN on the MOTION TO CONCUR WITH AMENDMENT NO. 3984 The yeas and nays were ordered. Banking, Housing, and Urban Affairs Mr. REID. I move to concur in the AMENDMENT NO. 3988 TO AMENDMENT NO. 3987 Committee and on the Armed Services House amendment to the Senate Mr. REID. I have a second-degree Committee. We have worked together amendment to H.R. 3979, with a further amendment at the desk. on a number of initiatives, including amendment. The PRESIDING OFFICER. The efforts to keep student loan interest The PRESIDING OFFICER. The clerk will report. rates low. We traveled together to Iraq, clerk will report. The bill clerk read as follows: Afghanistan, and Pakistan in 2010. She The bill clerk read as follows: The Senator from Nevada [Mr. REID] pro- has been a tremendous advocate, espe- The Senator from Nevada [Mr. REID] moves poses an amendment numbered 3988 to cially for our military families and for to concur in the House amendment to the amendment No. 3987. small businesses. Senate amendment to H.R. 3979 with an The amendment is as follows: amendment numbered 3984. TOM HARKIN In the amendment, strike ‘‘4’’ and insert The amendment is as follows: TOM HARKIN has been a great friend, ‘‘5’’. a longtime advocate for students, for At the end, add the following: Mr. REID. I ask unanimous consent workers, for individuals with disabil- This Act shall become effective 1 day after that the mandatory quorum required enactment. ities. As Chairman of the Health, Edu- under rule XXII be waived. cation, Labor, and Pensions Com- Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. Without mittee, he has worked to end the log- on that. objection, it is so ordered. jam and pass reauthorizations of our The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- childcare programs and the workforce sufficient second? ator from Rhode Island. investment system, and he recently There appears to be a sufficient sec- TRIBUTES TO DEPARTING SENATORS worked with me to pass a bipartisan ond. Mr. REED. Mr. President, I would The yeas and nays were ordered. bill I helped author to ensure con- like to take a few minutes to salute my sumers have access to the safest, most AMENDMENT NO. 3985 TO AMENDMENT NO. 3984 colleagues who are departing the Sen- effective sunscreens available. Mr. REID. I have an amendment at ate at the end of this year with the He has been a steadfast advocate for the desk. conclusion of the 113th Congress: MARK increasing our investment in medical The PRESIDING OFFICER. The BEGICH of Alaska, SAXBY CHAMBLISS of research at the NIH. An extraordinary clerk will report the amendment. Georgia, TOM COBURN of Oklahoma, Senator, we have so much to thank The bill clerk read as follows: KAY HAGAN of North Carolina, TOM him for on behalf of every American. The Senator from Nevada [Mr. REID] pro- HARKIN of Iowa, MIKE JOHANNS of Ne- His legacy is going to be so profound. It poses an amendment numbered 3985 to braska, TIM JOHNSON of South Dakota, is hard to pick one. But his efforts, amendment No. 3984. MARY LANDRIEU of Louisiana, CARL along with Arlen Specter’s, to double The amendment is as follows: LEVIN of Michigan, MARK PRYOR of Ar- NIH funding was a landmark in terms In the amendment, strike ‘‘1 day’’ and in- kansas, JAY ROCKEFELLER of West Vir- of not only successful investment in sert ‘‘2 days’’. ginia, MARK UDALL of Colorado, and programs that matter to Americans MOTION TO REFER WITH AMENDMENT NO. 3986 JOHN WALSH of Montana. and the world but bipartisan efforts to Mr. REID. I have a motion to refer They have all worked hard, cease- lead the country forward. the House message with respect to H.R. lessly giving their energy and consider- MIKE JOHANNS 3979 with instructions. able time and service to their constitu- I have been proud to work with MIKE The PRESIDING OFFICER. The ents, to their home States and to our JOHANNS, an extraordinary Senator and clerk will report. country. I want to thank them for an extraordinary gentleman, on a num- The bill clerk read as follows: their service and for their kindness to ber of issues. We were particularly The Senator from Nevada [Mr. REID] moves me over many, many years in so many happy—both of us—when the HAVEN to refer the House message on H.R. 3979 to cases. In particular, I want to say a few Act was incorporated into the pending the Committee on Armed Services with in- words about these colleagues. version of the National Defense Au- structions to report back forthwith with an MARK BEGICH thorization Act. This legislation will amendment numbered 3986. MARK BEGICH and I worked together allow disabled and low-income veterans The amendment is as follows: to address the challenges facing the the ability to finance improvements to At the end, add the following: fishing industry, which is vital to both their homes so they are safer and more This Act shall become effective 3 days of our States. He has continually accessible. We also worked together on after enactment. fought to address the unique challenges healthy housing efforts and to reduce Mr. REID. I ask for the yeas and facing Alaskans, particularly with re- lead hazards. This is consistent with so nays. spect to access to VA health care. I sa- many things he has done, particularly The PRESIDING OFFICER. Is there a lute him and wish him the best. with respect to veterans. Again, I wish sufficient second? SAXBY CHAMBLISS him the best as he goes forward. There appears to be a sufficient sec- I have served with SAXBY CHAMBLISS TIM JOHNSON ond. on the Armed Services Committee and TIM JOHNSON and I served in the The yeas and nays were ordered. joined him in his efforts to support the House of Representatives together. We AMENDMENT NO. 3987 National Infantry Museum and Soldier came to the Senate together in 1997. As Mr. REID. I have an amendment to Center. Saxby has been a strong sup- chairman of the banking committee, the instructions which is at the desk. porter of our men and women in uni- he has been an extraordinary leader. The PRESIDING OFFICER. The form. He has also been a leader on He has dedicated himself particularly clerk will report the amendment. homeland security and intelligence to community banks and to rural hous- The bill clerk read as follows: matters. I wish him well. ing, which is consistent with the inter- The Senator from Nevada [Mr. REID] pro- TOM COBURN ests of his constituents in South Da- poses an amendment numbered 3987 to the TOM COBURN has always been pas- kota. instructions of the motion to refer the House sionate on the issues he cares about. He has worked to build bipartisan message on H.R. 3979. We have engaged in vigorous debate, compromise on issues like TRIA and The amendment is as follows: demonstrating, I hope, that principled FHA reform, among so many other In the amendment, strike ‘‘3 days’’ and in- disagreement can lead ultimately to matters. As the chairman of the Appro- sert ‘‘4 days’’. principled progress. My thoughts are priations Subcommittee on Military Mr. REID. I ask for the yeas and with him, particularly as he battles Construction, Veterans Affairs, and Re- nays. health issues, his cancer. I hope and lated Agencies he has been a tireless

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.096 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6439 advocate for our military personnel. I men and women in uniform and for the I yield the floor. thank him. benefit of us all. The PRESIDING OFFICER. The Sen- MARY LANDRIEU CARL and I have traveled many times ator from Iowa. MARY LANDRIEU and I also came to together—Bosnia, Kosovo, Iraq, Af- TAX EXTENDERS the Senate together in 1997. We served ghanistan, Pakistan, Israel, Syria, Co- Mr. GRASSLEY. Mr. President, this together on the Appropriations Com- lombia. We were there to visit with week it seems that the Senate is fi- mittee, where she has been an extraor- commanders and local leaders, but es- nally ready to take up and pass a tax dinary advocate for Louisiana, particu- pecially to see our troops and to thank extenders bill. Congress’ procrasti- larly after Hurricane Katrina. In fact, them. In the faces of those troops I saw nation on tax extenders has been caus- her efforts have been so profoundly in- the trust and respect they felt—some ing a lot of headaches and indigestion fluential in her home State, she is one to their own surprise—when they met to many of my constituents back home that we all look to as a model for what the chairman—the powerful chairman in Iowa. it is to be an advocate for your con- of the Armed Services Committee. He Small business owners and farmers stituents. She has done it so well. was there. He had traveled across the want to know whether the enhanced globe to listen to them, to work for expensing rules under section 179 will MARK PRYOR them, and to thank them. be extended so that they can invest in MARK PRYOR and I have worked to- It was profoundly moving to me to new machinery. Retirees want to know gether on the Appropriations Com- see this—inspiring indeed. As the whether they can make a charitable mittee. We have worked together on a chairman of one of the other major donation from their IRA to meet their number of initiatives. I want to thank committees, the Permanent Sub- required minimum distribution. The him particularly for his role in trying committee on Investigations, he has renewable energy sector wants to know to help states like Rhode Island be in- pursued the powerful on behalf of the what investments they should make to cluded in the Commodity Supple- powerless, on behalf of the people. He increase production. mental Food Program. I thank MARK has not only uncovered abuse, but he The Senate could have made strides for that. I offer him my fondest wishes. has sent a powerful message to an in- towards answering these questions just JAY ROCKEFELLER creasingly discouraged America that this past spring. The Finance Com- Today, we are recognizing the work there is someone who will fight for mittee acted in a bipartisan fashion to of JAY ROCKEFELLER as chairman of the them, who understands that everyone report an extenders package to the Intelligence Committee, along with deserves a fair chance at a better fu- floor that would have extended all ex- Senator FEINSTEIN. But he has been ture. piring provisions for 2 years. By all ac- such a stalwart in so many different CARL LEVIN has been a friend, a role counts, this package could have been areas: as chairman of the commerce model. I will miss working with him. passed by the Senate with broad sup- committee, someone who has cham- Along with all of my other colleagues port on both sides of the aisle. pioned the Children’s Health Insurance who are leaving us at the conclusion of Unfortunately, movement of this Program, someone who has been in the the 113th Congress, let me thank them package in the Senate stalled in May lead with respect to advocacy for the for their service, their dedication to due to procedural maneuvering on the E-Rate, which helps bring broadband improving the lives of Americans, and Senate floor. That maneuvering was connectivity to all of our libraries and on a very personal level for their meant to prevent votes on all amend- schools, to EPSCoR. I can go on and on friendship. I wish them all well. ments—even those with broad, bipar- for a remarkable career by a remark- SSCI STUDY OF THE CIA’S DETENTION AND tisan support. With the Senate failing able individual, a real gentleman, INTERROGATION PROGRAM to take action, the hopes of getting the someone whom I am proud to call a Let me conclude on a slightly dif- extenders done in a timely fashion friend and am deeply indebted to his ferent topic; that is, to commend Sen- faded last spring. friendship. ator ROCKEFELLER again and Senator However, there were high hopes that MARK UDALL FEINSTEIN for their extraordinary lead- a bipartisan deal could be worked out MARK UDALL and I served together on ership today in bringing forward to the with the House that could provide indi- the Armed Services Committee. I am American public the Intelligence Com- viduals and businesses much-needed grateful to have traveled with him also mittee report on the CIA’s interroga- tax certainty. Before Thanksgiving, to Afghanistan and Pakistan in 2011. tion program. House and Senate negotiators were Again, he is committed to our troops, But I particularly want to commend making real headway towards a bipar- committed to our national security, and thank Senator MCCAIN. For many tisan agreement that would have ex- committed to his home State. He has years, Senator MCCAIN has spoken out, tended most provisions for 2 years and been an advocate for clean energy, for and many times alone, against the des- made several provisions permanent. natural resources, for things that will picable and heinous actions that have The President then thwarted negotia- be a legacy for generations to come in been illustrated today. He has led our tions by threatening to veto that pack- Colorado and throughout the United efforts. No one has led them more vig- age before it was even finalized. States. orously and more intensely and more Why the President would threaten to successfully than JOHN MCCAIN—to veto a package that, by all accounts, JOHN WALSH prohibit the use of torture and abusive recognized bipartisan priorities as well JOHN WALSH is a friend that I met methods by the United States of Amer- as priorities of the administration is and served with over the last several ica, to remind us that our highest beyond me. The President’s stated years. I want to salute him, not only as ideals require us to do something else— complaint is that the deal was geared a Senator but as a combat veteran. He something better—and also to remind too heavily toward business. From an has had the greatest privilege that I us that what is at stake—very much at administration that has regularly been believe any American has—the privi- stake—are the lives and the health of advocating business-only tax reform, lege to lead American soldiers. He did our soldiers. this complaint rings hollow. it well. I thank him for that. We cannot expect others to follow However, all of the business provi- CARL LEVIN the law if we do not. We cannot expect sions that would have been made per- But let me say, especially, a few our forces to be treated according to manent under the proposed deal have words about my dear, dear friend CARL the conventions and laws that govern had strong support from both sides of LEVIN. For 18 years, CARL LEVIN has ei- civilized society if we depart from the aisle here in the Senate as well as ther been chairman or ranking member them. That is a powerful message. It is from the White House. For instance, of the Armed Services Committee. The no surprise coming from someone the President’s fiscal package that was U.S. military, the most powerful and whose personal experience, whose per- in the 2015 budget calls for both the re- professional force in the world, has in sonal courage lends incredible credi- search and development tax credit and countless ways been shaped because bility, incredible support to these ef- the enhanced expensing rules under CARL LEVIN repeatedly helped form a forts. Section 179 to be made permanent. new common ground to move us for- To these three colleagues, I extend The bipartisan deal would have ac- ward as a Nation for the benefit of our my thanks. complished this. The proposed deal also

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.083 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6440 CONGRESSIONAL RECORD — SENATE December 9, 2014 included priorities specific to President WOMEN OWNED SMALL BUSINESS CONTRACTING tracting process. So sole-source con- Obama and many of my Democratic Ms. CANTWELL. I rise today to tracting allows the Federal Govern- colleagues. For instance, the American speak about an important piece of leg- ment to streamline the procurement opportunity tax credit enacted as part islation that will be before the Senate process when selecting a company. So of the President’s 2009 stimulus bill shortly that will help women entre- we want to make sure this is changed, would have been made permanent. The preneurs across the country break and the FY 15 NDAA legislation will do President’s other named priorities were through the glass ceiling. just that. the enhanced refundable child tax cred- Earlier this year, as chairwoman of Twenty years ago, Congress estab- it and the earned-income tax credit. the Senate Committee on Small Busi- lished the goal of awarding 5 percent of But it was the President’s own actions ness and Entrepreneurship, I released a all Federal contracts to women-owned on immigration—using presidential report entitled ‘‘21st Century Barriers small businesses, but we did not make edict—that made their inclusion a very to Women’s Entrepreneurship.’’ These sure there was fair representation in tough sell. Many on my side of the barriers, according to our report, show the marketplace to achieve this goal. aisle have long had concerns about that women entrepreneurs were not Last year, the Department of Defense fraud and abuse in both of these cred- getting a fair shot at access to capital, accounted for 68 percent of Federal pro- its. The President’s Executive action not getting a fair shot at competing for curement opportunities; yet the De- only served to enhance these concerns Federal contracts, and needed more partment of Defense only issued 3.6 and added fuel to the fire by eroding es- programs tailored specifically to their percent of those contracts to women- tablished policy that prohibits undocu- needs and certainly needed more access owned small businesses. In my State, mented immigrants from receiving to capital and at smaller amounts of the State of Washington, women re- their earned-income credit. money. ceived only 1.67 percent of Federal con- The President may have a phone and This chart shows the various things tracts. We heard from women across a pen. He says he has it, and it seems that were relevant from that report: America, when they came to testify be- as if he is always using it. But the last equal access to Federal contracts, ac- fore the Small Business Committee time I checked, Congress is still a co- cess to capital, and relevant business this summer, exactly how challenging equal branch of government under the training. this process is. Constitution. When the President acts We heard an earful from women en- I want to point out a last chart, unilaterally, it should not surprise him trepreneurs all across America, and it which shows that 28 percent of busi- when Congress responds. spurred us to take action and make nesses in the United States are women- So it is true that the deal did not in- major changes. owned, and we certainly want to in- clude everything the President wanted, That is why we introduced legisla- crease that. Part of our challenge eco- but it didn’t include everything Repub- tion called the Women’s Small Busi- nomically is to make sure various licans wanted either. Nobody ever gets ness Ownership Act of 2014, and this groups are getting access to adequate everything they want in bipartisan ne- legislation did three things: It said, capital, getting opportunities to com- gotiations. The point of negotiating is let’s focus on sole-source contracting pete for federal contracts, and getting to get something the majority of us authority for women-owned businesses the counseling and training they need, can support. when they are working with the Fed- so they can participate in the economy By cutting off negotiations, the eral Government, let’s improve the as small business owners. But we can White House has left us with voting on counseling to women, and let’s make see on this chart that the percentage of something that is barely better than sure women get the access to capital federal contracts to women-owned nothing for individuals and industries. that they deserve. businesses is minuscule. We want to This includes industries the President Additionally, the issue of sole-source make sure we are doing everything we claims to be a priority of his, such as contracting was taken up by two of my can to help these women. the renewable energy sector, which is colleagues, Senator SHAHEEN and Sen- Trena Payton, a business owner and very much a high priority for me. ator GILLIBRAND. I should say that my Forward policy guidance is critically veteran from my home state of Wash- predecessor on the committee, Senator important to the renewable energy sec- ington, is one of these voices fighting tor. The proposed deal would have pro- LANDRIEU, had worked on this issue of for this provision to be made into law. vided certainty to wind energy through access to capital for women for a long Trena testified at a Small Business a multiyear phaseout that would have time, and we certainly applaud all she Committee hearing on Veterans’ Entre- provided a glidepath to self-sustain- did as chairwoman of the Small Busi- preneurship. In 2003, Trena decided to ability. Other renewable provisions ness Committee. open her own business. It took her would have been extended for 2 years. The sole-source contracting provision more than a year to land her first con- Instead, Congress is now faced with is in the Defense bill we are going to be tract. She said at the hearing: settling for a 1-year retroactive exten- taking up shortly. As the head of a women-owned small busi- sion that fails to provide any meaning- I thank all of my colleagues—as I ness, I can tell you that access to the federal marketplace is a huge issue. ful incentive for the further develop- said, Senator SHAHEEN, Senator GILLI- ment of renewable energy. BRAND, Senator LANDRIEU—and also the Today, Trena’s company, ABN Tech- It also fails to provide certainty to SBA Administrator, Maria Contreras- nologies, has grown to employ twelve other businesses and to individuals as Sweet, for their support in getting people and last year generated reve- well. These are provisions that will more federal contracts to women- nues of 8.1 million dollars. On sole- once again expire almost as soon as owned businesses. source contracting, Trena said, this they go into law. I think we all agree There are more than 8 million change ‘‘would help millions of women that making tax law 1 year at a time in women-owned businesses in the United break through barriers to accessing retroactive fashion is not the way to do States, but they only get a tiny per- federal contracts.’’ business. Yet that is the reality we cent—about 4 percent—of Federal con- I also want to talk about Charlotte currently face because of this adminis- tracts. We want to make sure this is Baker, who owns Digital Hands in tration’s refusal to compromise. changed. I think we have a second Tampa, FL. Charlotte’s company pro- While I would prefer longer exten- chart that describes this problem. vides cyber security services and IT sions of these provisions, that is no We have a Federal goal of making business to the government. Her com- longer a viable option as we close down sure that small businesses get access to pany is developing new, innovative so- this Congress. As a result, I intend to contracts at each Federal agency so lutions to deter cyber threats. That is support the House package. My only that we are doing all we can to grow a service we need, but she may never hope is that in the new Congress we small businesses in America. If you win a contract through the regular can make strides toward putting some think about it, many small businesses process. certainty back into the Tax Code. have the technological expertise to do I urge my colleagues to support this I yield the floor. the work. What they often don’t have legislation that is coming over from The PRESIDING OFFICER. The Sen- is the manpower to wade through the the House and give women the tools ator from Washington. lengthy and complicated federal con- they need to be successful.

VerDate Sep 11 2014 05:33 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.085 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6441 I would like to thank the many orga- their example of selfless sacrifice public at large knew they could count nizations, small business advocates, would shame us if we let the com- on CARL LEVIN to get to the bottom of and staff who have worked to get the mittee descend into the partisan pos- it with authoritative reports and hear- women’s sole-source provision enacted turing that often makes it hard to get ings. CARL’s tenacity in uncovering into law: Women Impacting Public Pol- important work done in Congress. wrongdoing sparked significant icy—especially Ann Sullivan, Barbara When Members disagree in com- changes in the financial sector. mittee—often heatedly—it is because Kasoff, John Stanford, and Martin I also commend CARL LEVIN on zeal- Feeney; the National Women’s Busi- we feel passionately about whatever ously and effectively pursuing his in- ness Council; the Women’s Business issue is in dispute. Even then we try to vestigations in a way that has Enterprise National Council; the behave civilly and respectfully to each furthered the subcommittee’s long- Women President’s Organization; the other, and we do not let our disagree- standing tradition of bipartisanship. ments prevent us from completing the National Association of Women Busi- While CARL LEVIN and I may have had ness Owners; the National Women committee’s business. CARL won’t let our disagreements, we never let them Business Owners Corporation; the U.S. us. That we have managed to keep that get in the way of finding common Black Chambers; the U.S. Hispanic reputation in these contentious times ground where we could. Chamber of Commerce; the Association is a tribute to CARL LEVIN. He has kept for Enterprise Opportunity; the Busi- the committee focused on its duties While CARL’s retirement may come ness and Professional Women’s Foun- and not on the next election or the lat- as a relief to some of those on Wall dation; Enterprising Women; the Path est rush-to-the-barricades partisan Street, his patience, thoughtfulness, Forward Center for Innovation and En- quarrel. He does so in a calm, meas- and commitment to bipartisanship will trepreneurship; the REDC Center for ured, patient, and thoughtful manner. be deeply missed on the subcommittee Women’s Enterprise; the Small Busi- He seems, in fact, to be calmer and and in the Senate. ness & Entrepreneurship Council; more patient the more heated our dis- Indeed, from CARL LEVIN’s long and Women in Trucking; the Women’s Busi- agreements are. As members’ emotions distinguished service in the Senate, ness Development Council; the Wom- and temperatures rise, CARL’s Carl has obtained the respect of his col- en’s Exchange; and the Association of unperturbed composure and focus bring leagues on both sides of the aisle. We Women’s Business Centers. From staff, our attention back to the business at all listen to him, and we listen closest I’d like to thank Jonathan Hale, Alison hand. You could safely say he and I to him on the occasions when we dis- Mueller, Nick Sutter, Ami Sanchez, have slightly different leadership agree with him. That, in my view, is a Carl Seip, Jane Campbell, Kevin Wheel- styles. I am gentler and less great compliment from one Senator to er and LeAnn Delaney. confrontational. But Carl’s style seems another. It is a tribute paid to only the I yield the floor. to work for him. It works well for the most respected Members. The PRESIDING OFFICER. The Sen- committee too, for the armed services, Of course, the greatest compliment ator from Arizona. and for the country. one Senator can pay another is to cred- Mr. MCCAIN. Mr. President, I ask The committee has a heavy workload it him or her as a person who keeps his unanimous consent to address the Sen- every year, and CARL manages to keep or her word. That has become too rare ate as in morning business. us all in harness and working together in Washington but not so in my experi- The PRESIDING OFFICER. Without at a good pace and with a constructive, objection, it is so ordered. ences with CARL LEVIN. He has never results-oriented approach that is the broken his word to me. He has never TRIBUTE TO CARL LEVIN envy of the dozen or so lesser commit- backed out of a deal, even when doing Mr. MCCAIN. Mr. President, I wish to tees of the Senate. Our principal re- so would have been personally and po- offer a few words of tribute to my de- sponsibility is to produce the Defense litically advantageous. When we are in parting colleague, Senator CARL authorization bill—one of the most im- agreement on an issue, CARL usually LEVIN—a model of serious purpose, portant and comprehensive pieces of argues more effectively than I can, and firm principle, and personal decency, legislation the Senate considers on an when we disagree, we usually find a and whose example ought to inspire the annual bases. The committee has never way to settle our dispute without aban- service of new and returning Senators. failed to report the bill, and the Senate doning our responsibilities. CARL LEVIN We could not aspire to better service has never failed to pass it. That is not deserves most of the credit for that than what he has given our country. an accomplishment that some of the too. CARL and I have served together on lesser committees I just referred to can the Senate Armed Services Committee claim every year, and no one deserves One of the great satisfactions in life for the better part of three decades. He more of the credit than CARL LEVIN. is to fight for a common cause with is my senior in this body by 8 years and When CARL LEVIN first joined the someone you haven’t always agreed has been my chairman for more than 10 committee, he explained his reason for with, someone whose background, years in total. It has been a privilege seeking the assignment this way: views, and personality are different to serve under his very able, honorable, I had never served, and I thought there was from yours. Yet you discover that de- and fair leadership. a big gap in terms of my background and, spite your differences, you have always CARL and I sit on opposite sides of frankly, felt it was a way of providing serv- been on the same side on the big the aisle. The difference is quite obvi- ice. things. ous on any number of issues, but I hope He might never have served in the Thank you, CARL, for the privilege it is also obvious how much I admire military, but he has surely served the and for your friendship and example. and respect my friend from Michigan. military well, and he has served the na- The committee is going to miss you, We have had our moments on the tional interests our Armed Forces pro- the Senate is going to miss you, the committee. Debate there can get a lit- tect in an exemplary manner that the men and women of the U.S. Armed tle passionate from time to time, per- rest of us would be wise to emulate. Forces are going to miss you, and I will haps a little more passionate on my More recently, I have had the honor miss you a lot. part than CARL’s, but that, as all my and privilege of serving alongside CARL colleagues would surely attest, is my on the Permanent Subcommittee on I suggest the absence of a quorum. problem, not CARL’s. We are, however, Investigations. His tireless efforts and The PRESIDING OFFICER. The both proud of the committee’s tradi- steadfast dedication to exposing mis- clerk will call the roll. tion of bipartisan cooperation which conduct and abuse by financial institu- The assistant legislative clerk pro- CARL has worked diligently to preserve tions and government regulators have ceeded to call the roll. and strengthen. We both know how im- set a new standard for thoughtful and portant that tradition is to faithfully thorough congressional investigations. Mr. SCHATZ. Mr. President, I ask discharging our responsibilities to help Whether the topic was the 2008 finan- unanimous consent that the order for maintain the defense of this country cial crisis, Swiss banking secrecy, or the quorum call be rescinded. and do right by the men and women of JPMorgan’s ‘‘London Whale’’ debacle, The PRESIDING OFFICER. Without the U.S. Armed Forces. We both feel professionals in the industry and the objection, it is so ordered.

VerDate Sep 11 2014 08:18 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.088 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6442 CONGRESSIONAL RECORD — SENATE December 9, 2014 MORNING BUSINESS Given this, courts should review tion about individuals or information Mr. SCHATZ. Mr. President, I ask agency law enforcement decisions on that a financial institution may have, unanimous consent that the Senate the new foreseeable harm standard the release of which could compromise proceed to a period of morning busi- under an ‘‘abuse of discretion’’ stand- the stability of the financial institu- ness, with Senators permitted to speak ard. tion or the financial system, or under- for up to 10 minutes each. Mr. LEAHY. At Senator ROCKE- mine the consumer protection work by The PRESIDING OFFICER. Without FELLER’s request we have included lan- the regulators. Given that the release objection, it is so ordered. guage in the committee report on the of confidential or sensitive information abuse of discretion standard and its ap- f relating to oversight of regulated enti- plication to make clear that it is the FOIA IMPROVEMENT ACT ties could cause harm to such entities, intent of Congress that judicial review individuals, or the financial system, a of agency decisions to withhold infor- Mr. ROCKEFELLER. Mr. President, I financial regulatory agency could rea- mation relating to current law enforce- ask unanimous consent to engage in a sonably foresee that disclosure of such ment actions under the foreseeable colloquy with Senator LEAHY of information requested under FOIA may Vermont, chairman of the Senate Judi- harm standard be subject to an abuse harm an interest protected by Exemp- ciary Committee, regarding S. 2520, the of discretion standard. tion 8. This is precisely why Congress FOIA Improvement Act of 2014. Mr. ROCKEFELLER. Furthermore, if The PRESIDING OFFICER. Without we are going to potentially burden our continues to provide these statutory objection, it is so ordered. government agencies with increased exemptions. Mr. ROCKEFELLER. I thank Senator costs that will be associated with com- Mr. LEAHY. I thank Senator JOHN- LEAHY for attempting to address my plying with the bill, then I think Con- SON for his remarks and for his interest concerns about this bill. I thank his gress should also provide these agen- and support for this legislation. I agree committee staff for working with my cies with sufficient funding to deal that it is important to ensure that our committee staff to insert clarifying re- with what is sure to be an increased financial regulators are able to do the port language. workload. work required to maintain the safety Mr. LEAHY. I would like to acknowl- While I still have concerns about this and soundness of our financial institu- edge the chairman of the Senate Com- bill’s effect on consumer protection, I tions. I also agree that the free flow of mittee on Commerce, Science, and think the accommodation made by information between regulators and fi- Senator LEAHY will help. I thank him Transportation for highlighting impor- nancial institution is important to this for inserting clarifying language in the tant concerns of the agencies his com- process. Exemption 8 was intended by report with regard to this congres- mittee works with closely. This legisla- Congress, and has been interpreted by sional intent on review of information tion seeks to further the goal of gov- the courts, to be very broadly con- withheld under the foreseeable harm ernment transparency; but we also un- strued to ensure the security of finan- derstand the need for government standard. cial institutions and to safeguard the agencies to dutifully and carefully ful- Mr. JOHNSON of South Dakota. Mr. relationship between financial institu- fill their responsibilities. President, I ask consent to engage in a tions and their supervising agencies. Mr. ROCKEFELLER. From the be- colloquy with Senator LEAHY, chair- ginning, I have recognized that this bill man of the Senate Judiciary Com- The proposed amendments to the Free- would make important changes to the mittee, regarding important aspects of dom of Information Act, FOIA, are not Freedom of Information Act. My con- S. 2520, the FOIA Improvement Act of intended to undermine the broad pro- cerns have been rooted in the possible 2014. tection in Exemption 8 or to undermine unintended consequences this bill While I support the ultimate goal of the integrity of the supervisory exam- would have on consumer protection. I this legislation, which seeks to in- ination process. Moreover, much of the was concerned this bill would make it crease government transparency, as information that the government is harder for our consumer protection the chairman of the Senate Banking permitted to withhold under Exemp- agencies to bring enforcement actions Committee, I am also mindful of the tion 8, is also protected under Exemp- against corporate wrongdoers. need for government agencies to duti- tion 4, which exempts from disclosure Specifically, I am concerned that re- fully and carefully fulfill their over- commercial and financial information quiring government law enforcement sight responsibilities of our Nation’s fi- that is privileged or confidential. Ex- agencies to show foreseeable harm that nancial institutions and the health and emption 4 covers information prohib- is not ‘‘speculative or abstract’’ when welfare of our financial systems at- ited from disclosure under the Trade invoking FOIA exemptions for attor- large. Financial regulatory agencies Secrets Act and similar laws, and as ney-client, work-product, and delibera- are tasked with ensuring the safety such does not provide for discretionary tive process privileges will undermine and soundness of the financial system, disclosure under FOIA. As with other law enforcement efforts. compliance with Federal consumer fi- exemptions that are based on separate Hundreds of years of American legal nancial law, and promoting fair, or- legal restrictions, it is understood that tradition has generally protected work- derly, and efficient financial markets. the foreseeable harm standard will not product documents and attorney-client A critical component of effective over- apply to most of the information fall- communications from the discovery sight is the ability of a financial regu- ing under Exemption 4. I will address process in civil litigation. Further, the lator to have unfettered access to in- these concerns, and I appreciate all the deliberative process privilege has al- formation from a regulated institution. time and attention the Senator from lowed government agencies’ law en- A financial institution should not have South Dakota has given to this impor- forcers to freely exchange ideas and to fear that its regulator will be unable tant legislation. legal strategies as part of their inter- to protect the institution’s confiden- nal decision making process. tial information from disclosure. Since Mr. JOHNSON of South Dakota. I I am concerned that the bill could the passage of the Freedom of Informa- thank the Senator from Vermont for have a ‘‘chilling effect’’ on internal tion Act, Congress has recognized the his work on this important matter and communications and deliberations of importance of protecting this type of for working with me to clarify the agencies’ law enforcement personnel supervisory information as evidenced scope of this bill. I hope the Senator who are preparing law enforcement ac- specifically in 5 U.S.C. § 552(b)(8), com- from Vermont continues to work on tions against alleged wrongdoers, in monly referred to as Exemption 8, and these issues with the agencies to en- order to avoid the prospect of increased more generally in other exemptions. It sure that this new standard will not litigation. is my understanding that nothing in S. serve to undermine the broad protec- We do not want to hinder the robust, 2520 is intended to limit the scope of tions currently afforded to confidential internal exchange of rigorous ideas and the protections under Exemption 8, or supervisory information and in turn legal strategies within government other exemptions relevant to financial undermine the cooperative relationship agencies when they are bringing en- regulators; nor is the bill intended to between regulators and their super- forcement actions. require release of confidential informa- vised institutions.

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.091 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6443 TRIBUTE TO MARK PRYOR I wish him Godspeed in his future ef- nipulated by some CIA officials over Ms. STABENOW. Mr. President, forts. many years. As I said during the Intel- today we honor the dedicated public f ligence Committee’s hearing con- firming John Brennan as CIA Director, service of my dear friend and col- SSCI STUDY OF THE CIA’S DETEN- ‘‘I’m going to be blunt and this will be league, Senator MARK PRYOR from Ar- TION AND INTERROGATION PRO- no surprise to you, sir—but I’ve been kansas. GRAM For MARK PRYOR, public service is a on this Committee for more than 10 calling—one that goes to the roots of Mr. HARKIN. Mr. President, I would years, and with the exception of Mr. who he is. MARK PRYOR is the fifth gen- like to personally commend Senator Panetta, I feel I’ve been jerked around eration in his family to serve in public FEINSTEIN for releasing this report by every CIA Director.’’ office. today. We have all heard the Justice My views against torture have been Louis Brandeis quote that ‘‘sunlight is Beholden to no party, no special in- consistent with those of Senator JOHN the best disinfectant’’ but occasionally terests, Senator PRYOR’s singular ob- MCCAIN, whose stance against torture jective in Washington has been to we need a real world reminder. Today, is particularly compelling given his make lives better for the people of the Senator FEINSTEIN and the members own experiences as a prisoner of war. I State his family calls home. The sign and staff of the Intelligence Committee have also supported the use of interro- on his desk says ‘‘Arkansas comes have provided that. The findings of this gation techniques as laid out in the first.’’ It was his father’s campaign slo- report are truly remarkable, laying Army Field Manual and have decried gan a generation ago, and that’s the bare that the CIA interrogation pro- the use of contractors by the CIA in priority that guided MARK PRYOR from gram was simultaneously far more bru- the torture of detainees. tal and far less effective than pre- the day he arrived in the Senate. Some people have raised concerns When Senator PRYOR learned that a viously claimed. about the timing of the release of this widow in Greenwood, AR, was being de- This 600-page report is long overdue report and that our enemies could use prived death benefits because her hus- and makes clear that the CIA’s so- it as a pretext for violence. Long before band died at home, instead of in com- called ‘‘enhanced interrogation tech- the release of this report, however, ter- bat, Senator PRYOR crafted an amend- niques’’ failed to produce any other- rorist groups made their violent inten- ment to change that Pentagon rule, re- wise unavailable intelligence that tions towards America clear. They hate storing the full death benefit for the saved lives. At no time were these coer- America and our freedoms. They use widow—and fixing it permanently so it cive interrogation techniques effective. violence for the sake of violence. No would be available to other surviving But more critically, this report public action is without risks, whether spouses. makes clear to all Americans that A deeply patriotic man, with a pro- what took place was not in keeping by President or Congress, but we also found respect for those who serve, Sen- with our ideals as a nation. We have no risk who we are as Americans by sup- pressing the facts in this report. ator PRYOR is the author of the HIRE greater duty than to protect the Amer- At Home Act, which encourages com- ican people and our national security. I would like to reiterate that this re- panies to consider military experience But the single best way to do that is— port was reviewed and redacted in con- for servicemembers reentering the and always has been—to do that in a junction with the CIA and White workforce. manner consistent with our laws and House, and the Director of National In- But he has also fought to bring down our traditions. Horrific and torturous telligence approved its declassification. the costs of Arkansans’ prescriptions practices are explicitly prohibited and It was a difficult process that took and to protect the social safety net. are never necessary. I thank Senator over a year, but we finally got to a When FEMA demanded back pay for FEINSTEIN, Senator UDALL and other place where the narrative of the report Federal disaster aid it provided to Ar- members of the committee for the was adequately preserved while ensur- kansas, Senator PRYOR made sure the months and years they have committed ing that CIA personnel and operations rule got changed. to making this release a reality. were not compromised. The DNI And I was honored this past year to Ms. MIKULSKI. Mr. President, I rise weighed the risks and ultimately cer- partner with Senator PRYOR on the today to speak on the release of the de- tified the declassification of the report. Bring Jobs Home Act, to prevent com- classified Senate Select Intelligence To be clear, my support for this re- panies from being rewarded for ship- Committee report on the CIA’s past port in no way diminishes my respect ping jobs overseas and giving them an rendition, detention and interrogation for the men and women of the CIA, who incentive to bring those jobs that have practices. are faithfully and legally doing their left our borders back home again. As a longtime member of the com- duties. The CIA’s intelligence profes- Of course, Senator PRYOR served as mittee, I strongly support today’s re- sionals put their lives at risk for our chairman of the Senate Appropriations lease of the declassified Executive country. They deserve our support and Subcommittee on Agriculture, Rural Summary, Findings, Conclusions and respect. Development, Food and Drug Adminis- Additional and Minority Views of the tration and Related Agencies. So as au- committee’s report. With the release of I would like to thank Select Com- thor of the 2014 Farm Bill, I relied on this report, the American people fi- mittee on Intelligence Chairman DIANNE FEINSTEIN for her leadership, as Senator PRYOR as a partner. He intro- nally have the information they need duced the Forest Products Fairness to understand the CIA’s interrogation well as my committee colleagues from Act, which helps timber farmers in Ar- practices that spanned 2001 through both sides of the aisle who supported kansas and across the Nation qualify 2009, when President Obama put an end this investigation. Throughout the for USDA’s BioPreferred Program. to the Bush-era program. frustrating and sometimes contentious During an age of partisan strife, Sen- The CIA’s practices went against our process of producing this report, we ator PRYOR has provided sanctuary for values as Americans and damaged never gave up on pursuing the truth. those who seek compromise. I share America’s global reputation. The com- Thanks also to the committee staff the sentiment he expressed in his fare- mittee’s report shows not only that who worked tirelessly on this report at well address—it is imperative that we torture did not extract the ‘‘otherwise great sacrifice to themselves and their come to work not wearing jerseys of unavailable’’ intelligence that some families. red or blue but ones that have red, CIA officials claimed, it did not work This report sheds light on a com- white and blue. as a policy or in practice. plicated episode in America’s history, It saddens me that my dear friend, I have consistently opposed the re- but it is also a testament to the value Senator PRYOR, cannot join us in this pugnance, legality and efficacy of tor- of never giving up on the search for enterprise, because he has truly been a ture. I supported FBI Director Robert truth and accountability. I hope that voice of civility and reason. But I have Mueller’s directive saying FBI agents future generations will read it, study no doubt he will find new ways to serve may not participate in torture. I have it, learn from it and make sure that the country and the State that he repeatedly and publicly expressed my torture is never again used by the U.S. loves. frustration about being lied to and ma- government.

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.105 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6444 CONGRESSIONAL RECORD — SENATE December 9, 2014 TRIBUTE TO CLEMENCIA Upon graduating from the University that could build climbing access trails SPIZZIRRI of Colorado at Boulder with a master’s in the steep, rocky, and unstable ter- Mr. GRASSLEY. Mr. President, I degree in special education and teach- rain where climbers travel. At the time would like to take this time to honor ing, Mark took to traveling abroad in of his passing, Mark was collaborating an extraordinary Iowa teacher who has pursuit of climbing peaks around the with the Boulder Climbing Community and the Access Fund, two non-profits had a positive impact on a great many world. In 1976, he became the first per- based in Boulder, to develop the Front students. Ms. Clemencia Spizzirri was son to climb the completely vertical Range Climbing Stewards trail crew. recently announced as the 2015 Iowa southeast face of Mount Asgard on Baf- The project moved forward, inspired by Teacher of the Year. This award honors fin Island. In 1986, he made the first as- Mark’s lifetime of work, and in 2014 the the great work she has done as a for- cent up the northeast buttress of Kangtega in Nepal, a prominent Hima- trail crew performed more than $120,000 eign language teacher at Merrill Mid- worth of work, in both Eldorado Can- dle School in Des Moines, IA. layan peak with a summit of over 20,000 feet. These ascents, among yon and the Flatirons, including the Ms. Spizzirri has been teaching Span- spectacular rebuild of the iconic Royal ish to eager young minds at Merrill countless others, inspired him to advo- cate for conservation and accomplish Arch Trail that was destroyed in the Middle School for 5 years. Despite her flood of 2013. relatively short time there, her pro- so much for Colorado’s environment. He is survived by Julie Asmuth, his Colorado lost an irreplaceable indi- found impact is evident. The high wife of 30 years, his two daughters vidual with the passing of Mark Hesse. praise she receives from her students, Hartley and Laurel, his mother Flor- I, along with many others, have lost a colleagues, and community members ence, brothers Jon, Paul, Phil, and sis- respected leader, visionary, and friend. are a testament to the work ethic and ters Anne Ness and Maria Hesse Vasey. Let his life be a reminder of what every passion she displays in her classroom Mark was a loyal and devoted hus- American is capable of accomplishing. every schoolday. band and father. He had a warm per- I ask that my colleagues join me in As an immigrant herself, Ms. sonality and a great sense of humor. He remembering Mark Hesse for his pas- Spizzirri embodies the importance of a also had an amazing knack for turning sion for the outdoors, his vast wealth broad-based education that helps stu- ordinary outings into epic adventures, of experiences, and his leadership in dents understand the world beyond and thus was well known for adventure showing us how to be good stewards of our public lands. their own country. Born in Quito, Ec- stories that seemed almost too absurd uador’s capital city, Ms. Clemencia was to be true. These qualities enabled him f the youngest of seven children. She to inspire and educate his children and ADDITIONAL STATEMENTS learned quickly that success was near- their peers, as well as the friends and ly impossible without a quality edu- colleagues he had through climbing cation. This drove her to become a and service projects he was part of. TRIBUTE TO CHARLES NIX teacher. She witnessed firsthand the Mark was devoted to taking his family ∑ Mr. BOOZMAN. Mr. President, I wish struggles that accompany poverty and on trips to some of the most remote to honor Charles Nix, who will retire as knew she could make a difference places possible, including the the Poinsett County judge after three through teaching. She started her ca- rainforests in South America and the terms of honorable service to the citi- reer teaching English in Quito. When ocean reefs of South East Asia. He be- zens of Arkansas in this elected posi- the conditions in her country began to lieved in supporting ecotourism and tion. worsen, she obtained a visa and moved educating himself and his family about As Poinsett County judge, Charles to the United States. After immi- different cultures and natural wonders faced and overcame several disasters grating to this country, Ms. Spizzirri of the world before they disappeared. including the 2011 flood and multiple received a bachelor’s degree in New Mark loved the environment, be- tornadoes. Charles played a pivotal York. She then moved to Des Moines, lieved in a higher standard for man- role in leading the county through the IA, where she received her master’s de- aging public spaces, and was com- storms, repairing the damages and re- gree from Drake University. mitted to preserving the natural beau- storing the livelihood of the citizens. Ms. Spizzirri attributes her passion ty of our great Nation. He received sev- Beyond his county judge duties, for educating young minds to unfortu- eral distinguished awards for his work, Charles served as a member of the nate circumstances she has witnessed such as the American Alpine Club’s County Judges Association of Arkan- in her own life. This passion ensures a David Brower Award for Mountain Con- sas, Crowley’s Ridge Development Council Board, Eastern Arkansas Plan- quality education for all her students servation in 1995, the Bob Marshall ning and Development Council Board, and contributes well-rounded citizens Champion of Wilderness Award pre- and Northwest Arkansas Workforce In- to the community. Great teachers are sented by the U.S. Forest Service in vestment. He also presided as president an invaluable resource to all of our 2005 and 2007, and the U.S. Bureau of of the Harrisburg Area Chamber of communities and Ms. Spizzirri deserves Land Management’s Making a Dif- Commerce and served in the Army Na- nothing but praise for her tremendous ference National Volunteer Award for tional Guard for 6 years. work. I thank Ms. Spizzirri for her outstanding service on public lands in service to the people of her community Charles Nix has displayed honor, per- 2014. He was the co-founder and execu- severance, and an eagerness to serve and wish her nothing but the best in tive director of the Santa Fe Mountain her future school years and beyond. his community that we can all admire. Center from 1977 to 1980, the program I am truly grateful for his years of f director of the Southwest Outward dedicated service and commitment to Bound School, and co-founder of the REMEMBERING MARK HESSE Poinsett County and the State of Ar- Colorado Fourteeners Initiative Pro- kansas.∑ Mr. UDALL of Colorado. Mr. Presi- gram. He worked with the Bureau of f dent, I wish to remember an upstand- Land Management to preserve two pop- ing Coloradan and accomplished moun- ular climbing destinations: Shelf Road RECOGNIZING ST. PATRICK taineer who passed away unexpectedly and Penitente Canyon. Perhaps most SCHOOL this year while doing what he was so notably, Mark founded the Rocky ∑ Mr. DONNELLY. Mr. President, I passionate about: climbing. Mark Mountain Field Institute in 1982, which wish to applaud St. Patrick School of Hesse was a man of exceptional char- has engaged more than 16,000 volun- Chesterton, IN for being recognized as acter, exhibited a strong sense of ad- teers to contribute 200,000 hours to pub- a 2014 National Blue Ribbon School by venture, and was a devoted admirer of lic land stewardship projects. These ef- the U.S. Department of Education. nature; all of which are qualities of a forts amounted to more than $4 million Established in 1982, the National Blue true conservationist. He was an inspi- in on-the-ground restoration efforts. Ribbon Schools program has recognized ration to many of us in the great State One of Mark’s final projects, and a over 7,000 public and nonpublic schools of Colorado. dream he had been nurturing for many that demonstrate a vision of edu- Mark grew up in Colorado Springs, years, was to create a hot-shot trail cational excellence for all students, re- CO, where he became an Eagle Scout. crew with high-end rock working skills gardless of their social or economic

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.060 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6445 background. Since its inception, this He immediately launched the which supplies prescription pads to program has offered the opportunity groundbreaking Unified Medical Lan- health providers to point their patients for schools in every State to gain rec- guage System, now broadly used to to trusted health care information ognition for educational accomplish- help computer systems behave as if from the NIH. At the urging of the Sen- ments in closing the achievement gaps they understand biomedical meaning. ate Appropriations Committee, Dr. among student groups. He also greatly expanded NLM’s Lindberg has also made high-quality Recognition as a National Blue Rib- informatics research training pro- health information available to physi- bon School by the U.S. Department of grams, increasing the Nation’s supply cians and their patients via NIH’s first Education is based on a school being of informatics researchers and health consumer magazine, NIH MedlinePlus. measured as either an ‘‘Exemplary information technology leaders. The li- This free magazine is now available in High Performing School’’—where brary, its grantees, and its former Spanish and online around the Nation schools are among the State’s highest trainees continue to play essential and worldwide. scorers in English and mathematics— roles in the development of electronic Over the past three decades, Dr. or as an ‘‘Exemplary Achievement Gap health records, health data standards, Lindberg greatly expanded the scope of Closing School’’—where schools with at and the exchange of health informa- the National Network of Libraries of least 40 percent of their student body tion. Medicine. Now, NLM and this network coming from disadvantaged back- One of the proudest achievements of of more than 6,000 academic, hospital, grounds have reduced the achievement Dr. Lindberg’s tenure was the estab- and public libraries partner with com- gap in English and mathematics within lishment of the National Center for munity-based organizations to bring the last 5 years. St. Patrick School has Biotechnology Information, NCBI, in high-quality information to health pro- made great strides in the area of im- 1988. It expanded the scope of the NLM fessionals and the public-regardless of proved proficiency in both English and and provided a national resource for location, socioeconomic status or ac- mathematics. molecular biology information and es- cess to computers and telecommuni- As a Four Star School, St. Patrick’s sential support for mapping the human cations. NLM has entered into long- takes great care to integrate elements genome. Today, NCBI is home to standing and successful partnerships of Catholic faith into its curriculum. GenBank, dbGaP, PubChem, and with minority-serving institutions, Consisting of strong morals, a deeply PubMed Central and is an indispen- tribal and community-based organiza- rooted faith in community, and a sable international repository and soft- tions, and the public health commu- strong sense of respectful conduct, the ware tool developer for genetic se- nity. NLM’s marvelous exhibitions staff at St. Patrick challenges its stu- quences and other genomic data, and a which Dr. Lindberg championed, such dents to put their faith into action pioneer and leader in linking data and as Native Voices: Native Peoples’ Con- through community service and social published research results to promote cepts of Health and Illness, expand engagement on global issues. new scientific discoveries. NLM’s reach with electronic and trav- I wish to acknowledge Principal In another unprecedented move, Dr. eling versions, bringing important Richard John Rupcich of St. Patrick Lindberg asked NLM to create the issues and scholarship to persons un- School, the entire staff, and the stu- Visible Humans, a library of digital im- able to make it through NLM’s Be- dent body. It undoubtedly took hard ages representing the complete anat- thesda doors. Moreover, Dr. Lindberg work and dedication to achieve this omy of a man and a woman—giving a helped set the U.S. standards for the prestigious award. unique and detailed look inside the public’s use of the Internet. He was the On behalf of the citizens of Indiana, I body. People around the world can and founding Director of the National Co- congratulate St. Patrick School, and I do use the images in a variety of ways. ordination Office for High Performance wish them continued success in the fu- They have been used to help students Computing and Communications in the ture.∑ learn anatomy; to develop products President’s Office of Science and Tech- f like artificial limbs; and to create nology Policy and was named by the tools to help surgeons rehearse oper- TRIBUTE TO DONALD LINDBERG HHS Secretary to be the U.S. National ations. Coordinator for the G–7 Global ∑ Mr. HARKIN. Mr. President, as a As access to the World Wide Web and healthcare Applications Project. member of the Senate who has spent the Internet spread throughout the It gives me great pleasure pay trib- many years leading efforts to build country, Dr. Lindberg seized the oppor- ute to Dr. Donald A.B. Lindberg, one of support for biomedical research and tunity to make high quality medical this country’s visionaries, for his many improved public health, I would like to information freely available to the contributions in science and tech- pay tribute to a great public servant public. In a 1997 press briefing that I nology that have transformed access to and trailblazer in medical informatics, sponsored with the late Senator Arlen biomedical information and clearly had Donald A.B. Lindberg, Director of the Specter, R–PA, and then Vice Presi- a lasting positive impact on the Na- National Library of Medicine, NLM, dent Al Gore, we announced free Inter- tion.∑ the world’s largest biomedical library, net access to MEDLINE via PubMed. In and a part of the National Institutes of 1998, Dr. Lindberg went on to create f Health. Dr. Lindberg recently an- the consumer-friendly MedlinePlus.gov nounced that he will retire next year and a new era of timely and trusted on- TRIBUTE TO COLONEL ROBERT J. after over 30 years of distinguished line health information for the general McALEER public service. public began. ClinicalTrials.gov, now ∑ Mrs. MURRAY. Mr. President, I wish Trained as a pathologist, Dr. the world’s largest trial registry and a to pay tribute to my constituent COL Lindberg is recognized worldwide as a unique source of summary results data Robert J. McAleer for his exemplary pioneer in medical information tech- for many trials, followed soon after in dedication to duty and his service to nology, artificial intelligence, com- 2000, providing patients, families and the U.S. Army and to the United States puter-aided medical diagnosis and elec- members of the public easy access to of America. He has served his last 2 tronic health records. When Dr. information about the location of clin- years in the Army as Chief of the Lindberg joined NLM in 1984, the li- ical trials, their design and purpose, Army’s Senate Liaison Division, rep- brary had no electronic journals, per- and criteria for participation. resenting the Army on Capitol Hill. sonal computers were few and far be- In 2003, I again joined the NLM and A native of Washington State, Colo- tween, and only a relatively small the National Institute on Aging in nel McAleer earned a commission as a number of research institutions had ac- launching NIHSeniorHealth.gov, a distinguished graduate from the U.S. cess to the Internet. Today millions of website that features authoritative, Military Academy in 1988. Colonel scientists, health professionals, and up-to-date information from the NIH, McAleer has served in a broad range of members of the public use NLM’s high- in a format that addresses the cog- challenging operational assignments quality electronic information re- nitive changes that come with aging and an unusually diverse set of Army sources billions of times a year. and allows easy use. In that same year, units: cannon artillery, rocket and Dr. Lindberg arrived at NLM with a I partnered with Dr. Lindberg and re- missile, air defense, light infantry, cav- belief in the potential of advanced spected national physician groups to alry, Ranger, Special Forces, and computing and telecommunications. launch the Information Rx project, Stryker.

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.049 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6446 CONGRESSIONAL RECORD — SENATE December 9, 2014 Colonel McAleer spent more than a S. 229. An act to designate the medical cen- H.R. 5794. An act to designate the facility decade overseas, including two tours ter of the Department of Veterans Affairs lo- of the United States Postal Service located each in Germany and Korea, and two cated at 3900 Woodland Avenue in Philadel- at 16105 Swingley Ridge Road in Chesterfield, 15-month tours in Iraq. As a lieutenant, phia, Pennsylvania, as the ‘‘Corporal Mi- Missouri, as the ‘‘Sgt. Zachary M. Fisher chael J. Crescenz Department of Veterans Post Office’’. he completed critical assignments in Affairs Medical Center’’. austere locations on the Demilitarized ENROLLED BILLS AND JOINT RESOLUTION S. 1434. An act to designate the Junction SIGNED Zone in Korea. As a captain and major City Community-Based Outpatient Clinic lo- At 4:51 p.m., a message from the with the Army Special Operations cated at 715 Southwind Drive, Junction City, Command, he participated in the de- Kansas, as the Lieutenant General Richard House of Representatives, delivered by tention of Bosnian war criminals, J. Seitz Community-Based Outpatient Clin- Mrs. Cole, one of its reading clerks, an- served as a fire support officer for ic. nounced that the Speaker has signed twenty AC–130 gunship and similar S. 2921. An act to designate the community the following enrolled bills and joint based outpatient clinic of the Department of resolution: missions in Kosovo, an operation to Veterans Affairs located at 310 Home Boule- S. 229. An act to designate the medical cen- rescue American hostages in South vard in Galesburg, Illinois, as the ‘‘Lane A. ter of the Department of Veterans Affairs lo- America, and numerous exercises that Evans VA Community Based Outpatient cated at 3900 Woodland Avenue in Philadel- Clinic’’. served as blueprints for post-9/11 oper- phia, Pennsylvania, as the ‘‘Corporal Mi- ations. In Iraq, as battalion operations The message also announced that the chael J. Crescenz Department of Veterans officer and, later, Squadron Com- House has passed the following bill, in Affairs Medical Center’’. mander, he worked to secure dangerous which it requests the concurrence of S. 1434. An act to designate the Junction areas in southwest Baghdad, Abu the Senate: City Community-Based Outpatient Clinic lo- cated at 715 Southwind Drive, Junction City, Ghraib, and then Diyala Province. His H.R. 2901. An act to strengthen implemen- Kansas, as the Lieutenant General Richard units were marked by their discipline, tation of the Senator Paul Simon Water for J. Seitz Community-Based Outpatient Clin- determination, purposeful operations, the Poor Act of 2005 by improving the capac- ic. ity of the United States Government to im- and focus on the needs of the civilian S. 2673. An act to enhance the strategic plement, leverage, and monitor and evaluate population. He led efforts in intel- partnership between the United States and programs to provide first-time or improved ligence, governance, essential services, Israel. access to safe drinking water, sanitation, and reconciliation. As a colonel, serv- S. 2917. An act to expand the program of and hygiene to the world’s poorest on an eq- priority review to encourage treatments for ing as Chief of Future Operations for uitable and sustainable basis, and for other tropical diseases. Combined Forces Command in Korea, purposes. S. 2921. An act to designate the community he synchronized the U.S. and South ENROLLED BILL SIGNED Korean response to North Korea’s artil- based outpatient clinic of the Department of At 3:46 p.m., a message from the Veterans Affairs located at 310 Home Boule- lery shelling of Yong Pyong Island, the House of Representatives, delivered by vard in Galesburg, Illinois, as the ‘‘Lane A. death of Kim Jong Il, and a North Ko- Mr. Novotny, one of its reading clerks, Evans VA Community Based Outpatient rean ballistic missile launch. He led announced that the Speaker has signed Clinic’’. major joint and international planning the following enrolled bill: H.R. 2366. An act to require the Secretary efforts on the Korean Peninsula to pre- of the Treasury to mint coins in commemo- H.R. 5462. An act to amend title 49, United pare military forces and governments ration of the centennial of World War I. States Code, to provide for limitations on H.R. 5739. An act to amend the Social Se- for contingencies, especially in the the fees charged to passengers of air carriers. areas of rear area logistics, noncombat- curity Act to provide for the termination of The enrolled bill was subsequently social security benefits for individuals who ant evacuation, and countering and signed by the President pro tempore participated in Nazi persecution, and for preventing the use of weapons of mass (Mr. LEAHY). other purposes. destruction. H.J. Res. 105. Joint Resolution conferring With the exception of his current as- At 4:04 p.m., a message from the honorary citizenship of the United States on signment as an Army legislative liai- House of Representatives, delivered by Bernardo de Galvez y Madrid, Viscount of son, Colonel McAleer spent his entire Mr. Novotny, one of its reading clerks, Galveston and Count of Galvez. career in combat units, either in com- announced that the House has passed The enrolled bills and joint resolu- mand or operations positions. He spent the following bills, in which it requests tion were subsequently signed by the 6 years in command of four units: the concurrence of the Senate: President pro tempore (Mr. LEAHY). Bravo Battery 1–39 Field Artillery, Air- H.R. 579. An act to designate the United ENROLLED BILLS SIGNED borne; Bravo Battery 1–321 Field Artil- States courthouse located at 501 East Court At 6:18 p.m., a message from the lery, Airborne; 2nd Battalion, 8th Field Street in Jackson, Mississippi, as the ‘‘R. House of Representatives, delivered by Artillery; and Fires Squadron, 2nd Jess Brown United States Courthouse’’. Mr. Novotny, one of its reading clerks, Stryker Cavalry Regiment. A soldier’s H.R. 4030. An act to designate the facility announced that the Speaker has signed of the United States Postal Service located soldier, focused on his assigned mission the following enrolled bills: and the wellbeing of those under his at 18640 NW 2nd Avenue in Miami, Florida, as H.R. 78. An act to designate the facility of command, he touched thousands of the ‘‘Father Richard Marquess-Barry Post Office Building’’. the United States Postal Service located at lives, developing countless leaders and H.R. 4926. An act to designate a segment of 4110 Almeda Road in Houston, Texas, as the young soldiers in his units. Interstate Route 35 in the State of Min- ‘‘George Thomas ‘Mickey’ Leland Post Office On behalf of a grateful nation, I join nesota as the ‘‘James L. Oberstar Memorial Building’’. my colleagues today in recognizing and Highway’’. H.R. 1707. An act to designate the facility commending Colonel McAleer for over H.R. 5146. An act to designate the United of the United States Postal Service located 26 years of service to his country. He States courthouse located at 700 Grant at 302 East Green Street in Champaign, Illi- played a key role in defending our na- Street in Pittsburgh, Pennsylvania, as the nois, as the ‘‘James R. Burgess Jr. Post Of- tional interests while positively im- ‘‘Joseph F. Weis Jr. United States Court- fice Building’’. house’’. H.R. 2112. An act to designate the facility pacting the soldiers and families under H.R. 5385. An act to designate the facility of the United States Postal Service located his command. He has been an excellent of the United States Postal Service located at 787 State Route 17M in Monroe, New York, Army liaison to the Senate. We wish at 55 Grasso Plaza in St. Louis, Missouri, as as the ‘‘National Clandestine Service of the Bob, his wife Kate, daughter Catherine, the ‘‘Sgt. Amanda N. Pinson Post Office’’. Central Intelligence Agency NCS Officer and son Colin all the best as they con- H.R. 5562. An act to designate the facility Gregg David Wenzel Memorial Post Office’’. tinue their journey of service.∑ of the United States Postal Service located H.R. 2223. An act to designate the facility at 801 West Ocean Avenue in Lompoc, Cali- of the United States Postal Service located f fornia, as the ‘‘Federal Correctional Officer at 220 Elm Avenue in Munising, Michigan, as MESSAGES FROM THE HOUSE Scott J. Williams Memorial Post Office the ‘‘Elizabeth L. Kinnunen Post Office At 10:02 a.m., a message from the Building’’. Building’’. H.R. 5687. An act to designate the facility H.R. 2678. An act to designate the facility House of Representatives, delivered by of the United States Postal Service located of the United States Postal Service located Mrs. Cole, one of its reading clerks, an- at 101 East Market Street in Long Beach, at 10360 Southwest 186th Street in Miami, nounced that the House has passed the California, as the ‘‘Juanita Millender- Florida, as the ‘‘Larcenia J. Bullard Post Of- following bills, without amendment: McDonald Post Office’’. fice Building’’.

VerDate Sep 11 2014 08:18 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.081 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6447 H.R. 3534. An act to designate the facility the Congressional Record on November 12, Air Force nomination of Allyson M. of the United States Postal Service located 2014. (minus 1 nominee: Colonel Barry K. Yamaki, to be Major. at 113 West Michigan Avenue in Jackson, Taylor) Air Force nominations beginning with Michigan, as the ‘‘Officer James Bonneau Army nomination of Brig. Gen. Darsie D. Aaron J. Agirre and ending with Gregory S. Memorial Post Office’’. Rogers, Jr., to be Major General. Zilinski, which nominations were received H.R. 4939. An act to designate the facility Army nomination of Maj. Gen. Frederick by the Senate and appeared in the Congres- of the United States Postal Service located S. Rudesheim, to be Lieutenant General. sional Record on December 3, 2014. at 2551 Galena Avenue in Simi Valley, Cali- Army nomination of Col. Stephen J. Hager, Air Force nominations beginning with fornia, as the ‘‘Neil Havens Post Office’’. to be Brigadier General. Erika S. Abraham and ending with Fei H.R. 5030. An act to designate the facility Army nomination of Col. Eugene J. Zhang, which nominations were received by of the United States Postal Service located LeBoeuf, to be Brigadier General. the Senate and appeared in the Congres- at 13500 SW 250 Street in Princeton, Florida, Army nomination of Brig. Gen. John C. sional Record on December 3, 2014. as the ‘‘Corporal Christian A. Guzman Ri- Harris, to be Major General. Air Force nominations beginning with vera Post Office Building’’. Army nomination of Brig. Gen. Lewis G. Rhett B. Casper and ending with Stacey Eliz- Irwin, to be Major General. The enrolled bills were subsequently abeth Zaikoski, which nominations were re- Army nomination of Maj. Gen. David E. ceived by the Senate and appeared in the signed by the President pro tempore Quantock, to be Lieutenant General. Congressional Record on December 3, 2014. (Mr. LEAHY). Army nomination of Maj. Gen. Anthony R. Air Force nominations beginning with Jose Ierardi, to be Lieutenant General. f C. Aguirre and ending with Sandy K. Yip, Marine Corps nomination of Maj. Gen. Vin- which nominations were received by the Sen- cent R. Stewart, to be Lieutenant General. ate and appeared in the Congressional MEASURES PLACED ON THE Air Force nomination of Lt. Gen. Andrew Record on December 3, 2014. CALENDAR E. Busch, to be Lieutenant General. Air Force nominations beginning with Army nomination of Brig. Gen. Richard D. The following bills were read the sec- Jason D. Eitutis and ending with Brian K. ond time, and placed on the calendar: Clarke, Jr., to be Major General. Army nomination of Lt. Gen. John F. Wyrick, which nominations were received by H.R. 5759. An act to establish a rule of con- Mulholland, Jr., to be Lieutenant General. the Senate and appeared in the Congres- struction clarifying the limitations on exec- Army nomination of Col. Aaron T. Walter, sional Record on December 3, 2014. utive authority to provide certain forms of to be Brigadier General. Air Force nominations beginning with immigration relief. Army nomination of Col. David W. Ling, to Sarahann Beal and ending with Carol C. Wal- H.R. 5771. An act to amend the Internal be Brigadier General. ters, which nominations were received by the Revenue Code of 1986 to extend certain expir- Navy nomination of Rear Adm. Troy M. Senate and appeared in the Congressional ing provisions and make technical correc- Shoemaker, to be Vice Admiral. Record on December 3, 2014. tions, to amend the Internal Revenue Code of Navy nomination of Vice Adm. Scott H. Air Force nominations beginning with 1986 to provide for the tax treatment of Swift, to be Admiral. David P. Abbott and ending with Kevin D. ABLE accounts established under State pro- Underwood, which nominations were re- Mr. LEVIN. Mr. President, for the ceived by the Senate and appeared in the grams for the care of family members with Committee on Armed Services I report disabilities, and for other purposes. Congressional Record on December 3, 2014. favorably the following nomination Air Force nominations beginning with Mo- f lists which were printed in the hammed H. Aljallad and ending with Anita REPORTS OF COMMITTEES RECORDS on the dates indicated, and M. Yates, which nominations were received ask unanimous consent, to save the ex- by the Senate and appeared in the Congres- The following reports of committees pense of reprinting on the Executive sional Record on December 3, 2014. were submitted: Calendar that these nominations lie at Army nomination of Kimberely By Mrs. FEINSTEIN, from the Select Com- Derouenslaven, to be Colonel. the Secretary’s desk for the informa- Army nomination of Barry C. Busby, to be mittee on Intelligence: tion of Senators. Special Report entitled ‘‘Committee Study Major. The PRESIDING OFFICER. Without Army nominations beginning with Lamar of the Central Intelligence Agency’s Deten- D. Adams and ending with G001317, which tion and Interrogation Program’’ (Rept. No. objection, it is so ordered. nominations were received by the Senate and 113–288). Additional and minority views filed. Air Force nominations beginning with Taft Owen Aujero and ending with Jeffery Lynn appeared in the Congressional Record on f Richard, which nominations were received September 15, 2014. (minus 6 nominees begin- ning with Steven R. Berger) EXECUTIVE REPORTS OF by the Senate and appeared in the Congres- sional Record on May 15, 2014. (minus 105 Army nominations beginning with Eric C. COMMITTEES nominees beginning with Peter G. Bailey) Anderson and ending with D011466, which The following executive reports of Air Force nominations beginning with nominations were received by the Senate and nominations were submitted: Peter Brian Abercrombie II and ending with appeared in the Congressional Record on Jason C. Zumwalt, which nominations were September 15, 2014. (minus 9 nominees begin- By Mr. LEVIN for the Committee on received by the Senate and appeared in the ning with Steven R. Ansley, Jr.) Armed Services. Congressional Record on July 31, 2014. Army nominations beginning with Randy *Alissa M. Starzak, of New York, to be Air Force nominations beginning with L. Brandt and ending with Kenneth R. Wil- General Counsel of the Department of the George W. Clifford III and ending with Young liams, Jr., which nominations were received Army. J. Jun, which nominations were received by by the Senate and appeared in the Congres- *Robert M. Scher, of the District of Colum- the Senate and appeared in the Congres- sional Record on September 15, 2014. bia, to be an Assistant Secretary of Defense. sional Record on September 15, 2014. Army nominations beginning with Michael *David J. Berteau, of Maryland, to be an Air Force nominations beginning with D. Acord and ending with D006516, which Assistant Secretary of Defense. Travis K. Acheson and ending with Paul C. nominations were received by the Senate and Army nomination of Brig. Gen. Margaret Zurkowski, which nominations were received appeared in the Congressional Record on C. Wilmoth, to be Major General. by the Senate and appeared in the Congres- September 15, 2014. (minus 8 nominees begin- Marine Corps nomination of Maj. Gen. sional Record on November 13, 2014. ning with Treavor J. Bellandi) James B. Laster, to be Lieutenant General. Air Force nomination of Jennifer C. Alex- Army nomination of Darrell R. V. Tran, to Navy nomination of Rear Adm. James G. ander, to be Colonel. be Major. Foggo III, to be Vice Admiral . Air Force nomination of Joyce P. Fiedler, Army nominations beginning with George Air Force nomination of Brig. Gen. Derek to be Colonel. W. Mason III and ending with Alvin D. Wil- P. Rydholm, to be Major General. Air Force nominations beginning with son, which nominations were received by the Army nomination of Maj. Gen. Larry D. Robert B. O. Allen and ending with Keith M. Senate and appeared in the Congressional Wyche, to be Lieutenant General. Vollenweider, which nominations were re- Record on September 15, 2014. Army nomination of Col. Lawrence F. ceived by the Senate and appeared in the Army nominations beginning with John W. Thoms, to be Brigadier General. Congressional Record on December 3, 2014. Bozicevic and ending with James E. Scalf, *Navy nomination of Adm. Harry B. Har- Air Force nominations beginning with which nominations were received by the Sen- ris, Jr., to be Admiral. Richard Y. Baird and ending with Jerome L. ate and appeared in the Congressional Air Force nomination of Col. Shelley R. Vinluan, which nominations were received Record on September 15, 2014. Campbell, to be Brigadier General. by the Senate and appeared in the Congres- Army nomination of Patrick M. McGrath, Air Force nomination of Maj. Gen. Mark C. sional Record on December 3, 2014. to be Major. Nowland, to be Lieutenant General. Air Force nominations beginning with Army nominations beginning with Peggy Army nominations beginning with Colonel Richard M. Burgon and ending with Joshua E. D. McGill and ending with Elena M. Michael G. Amundson and ending with Colo- N. Scott, which nominations were received Scarbrough, which nominations were re- nel Clifford W. Wilkins, which nominations by the Senate and appeared in the Congres- ceived by the Senate and appeared in the were received by the Senate and appeared in sional Record on December 3, 2014. Congressional Record on September 17, 2014.

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.013 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6448 CONGRESSIONAL RECORD — SENATE December 9, 2014 Army nominations beginning with Delroy Army nominations beginning with Edwin Marine Corps nomination of Timothy E. A. Brown and ending with Richard G. B. Bales and ending with Ryan M. Zipf, Robertson, to be Lieutenant Colonel. Schmid, which nominations were received by which nominations were received by the Sen- Marine Corps nomination of Christopher E. the Senate and appeared in the Congres- ate and appeared in the Congressional Hall, to be Major. sional Record on September 17, 2014. Record on November 13, 2014. Navy nomination of Angela M. Rowell, to Army nominations beginning with Brian Army nominations beginning with Paul P. be Lieutenant Commander. R. Coleman and ending with Robert W. McBride and ending with Paul E. Reynolds, Navy nomination of Gregory L. Koontz, to Thompson, Jr., which nominations were re- Jr., which nominations were received by the be Lieutenant Commander. ceived by the Senate and appeared in the Senate and appeared in the Congressional Navy nomination of Timothy S. Roush, to Congressional Record on September 17, 2014. Record on November 13, 2014. be Captain. (minus 1 nominee: Spencer T. Price) Army nomination of John E. Atwood, to be Navy nomination of Kimberly M. Freitas, Army nominations beginning with Vance Colonel. to be Lieutenant Commander. J. Argo and ending with Gregory W. Teisan, Army nominations beginning with Daniel Navy nomination of Adam B. Yost, to be which nominations were received by the Sen- H. Aldana and ending with David R. Lieutenant Commander. ate and appeared in the Congressional Navorska, which nominations were received Navy nomination of Charles S. Eisenberg, Record on September 17, 2014. by the Senate and appeared in the Congres- to be Lieutenant Commander. Army nominations beginning with Scott A. sional Record on November 13, 2014. Navy nomination of Jack W.L. Tsao, to be Arcand and ending with William D. Weaver, Army nomination of Eric Graham, to be Captain. which nominations were received by the Sen- Lieutenant Colonel. Navy nomination of James M. Ross, to be ate and appeared in the Congressional Army nominations beginning with Susan Lieutenant Commander. Record on September 17, 2014. Davis and ending with Matthew G. Navy nomination of Lakeeva B. Gunder- Army nominations beginning with Dawn Stlaurent, which nominations were received son, to be Lieutenant Commander. M. Flynn and ending with Sandra J. Hetzel, by the Senate and appeared in the Congres- Navy nominations beginning with Travis which nominations were received by the Sen- sional Record on November 13, 2014. (minus 1 S. Anderson and ending with Julian G. Wil- ate and appeared in the Congressional nominee: Raymond L. Phua) son III, which nominations were received by Record on September 17, 2014. (minus 1 nomi- Army nominations beginning with Shelley the Senate and appeared in the Congres- nee: Paul V. Rahm) P. Honnold and ending with Neal E. Woollen, sional Record on November 17, 2014. Army nominations beginning with Scott B. which nominations were received by the Sen- By Mr. ROCKEFELLER for the Committee Byers and ending with Charlene A. ate and appeared in the Congressional on Commerce, Science, and Transportation. Weingarten, which nominations were re- Record on November 13, 2014. *Willie E. May, of Maryland, to be Under Army nominations beginning with Susan ceived by the Senate and appeared in the Secretary of Commerce for Standards and J. Argueta and ending with Jason S. Wind- Congressional Record on September 17, 2014. Technology. sor, which nominations were received by the (minus 1 nominee: Michele M. Spencer) *Tho Dinh-Zarr, of Texas, to be a Member Army nominations beginning with Donna Senate and appeared in the Congressional of the National Transportation Safety Board K. Ayers and ending with Mary E. Woodard, Record on November 13, 2014. (minus 1 nomi- for the remainder of the term expiring De- which nominations were received by the Sen- nee: Susan R. Cloft) cember 31, 2018. Army nominations beginning with John R. ate and appeared in the Congressional *Mark R. Rosekind, of California, to be Ad- Bailey and ending with D004653, which nomi- Record on September 17, 2014. (minus 2 nomi- ministrator of the National Highway Traffic nations were received by the Senate and ap- nees: Lesley A. Watts; Roy Wilms) Safety Administration. peared in the Congressional Record on No- Army nominations beginning with Felix J. *Carlos A. Monje, Jr., of Louisiana, to be vember 13, 2014. (minus 2 nominees: Roger S. E. Andujar and ending with Terence R. an Assistant Secretary of Transportation. Giraud; Neil I. Nelson) Woods, which nominations were received by Army nominations beginning with Gary L. *Nomination was reported with rec- the Senate and appeared in the Congres- Gross and ending with Craig D. Shriver, ommendation that it be confirmed sub- sional Record on September 17, 2014. (minus which nominations were received by the Sen- ject to the nominee’s commitment to 1 nominee: Jerry L. Tolbert) ate and appeared in the Congressional respond to requests to appear and tes- Army nominations beginning with Bryan Record on November 13, 2014. D. Brown and ending with Nicholas D. tify before any duly constituted com- Army nominations beginning with Melissa mittee of the Senate. Young, which nominations were received by R. Beauman and ending with Michael W. Ste- the Senate and appeared in the Congres- (Nominations without an asterisk phens, which nominations were received by were reported with the recommenda- sional Record on September 17, 2014. (minus the Senate and appeared in the Congres- 4 nominees: Timothy A. Doherty; William R. sional Record on November 13, 2014. tion that they be confirmed.) Elliott; Lynnell D. Peace; Craig A. Yunker) Army nomination of Richard M. Hester, to f Army nominations beginning with An- be Lieutenant Colonel. thony J. Labadia and ending with Joseph F. Army nomination of Jay E. Clasing, to be INTRODUCTION OF BILLS AND Tommasino, which nominations were re- Lieutenant Colonel. JOINT RESOLUTIONS ceived by the Senate and appeared in the Army nominations beginning with Scott J. The following bills and joint resolu- Congressional Record on September 17, 2014. Anderson and ending with Stefania V. tions were introduced, read the first Army nominations beginning with Marta Wilcox, which nominations were received by E. Acha and ending with Ricord W. the Senate and appeared in the Congres- and second times by unanimous con- Torgerson, which nominations were received sional Record on December 3, 2014. (minus 1 sent, and referred as indicated: by the Senate and appeared in the Congres- nominee: Marion A. Alston) By Ms. CANTWELL (for herself, Ms. sional Record on September 17, 2014. (minus Army nominations beginning with Rachel COLLINS, and Mrs. SHAHEEN): 1 nominee: Jacob A. Johnson) R. Anthony and ending with D011532, which S. 2990. A bill to establish a State Trade Army nominations beginning with Zenaida nominations were received by the Senate and and Export Promotion Grant Program; to M. Cofie and ending with Todd L. Stewart, appeared in the Congressional Record on De- the Committee on Small Business and Entre- which nominations were received by the Sen- cember 3, 2014. (minus 1 nominee: Steven A. preneurship. ate and appeared in the Congressional Brewer) By Mr. BEGICH: Record on September 17, 2014. Army nominations beginning with Nadine S. 2991. A bill to amend the Magnuson-Ste- Army nomination of Joseph T. Morris, to M. Alonzo and ending with D012299, which vens Fishery Conservation and Management be Colonel. nominations were received by the Senate and Act to promote sustainable conservation and Army nomination of Richard T. Knowlton, appeared in the Congressional Record on De- management for the Nation’s fisheries and to be Colonel. cember 3, 2014. the communities that rely on them, and for Army nominations beginning with Robert Army nominations beginning with Mark other purposes; to the Committee on Com- A. Borcherding and ending with Dean L. Acopan and ending with Timothy R. Yourk, merce, Science, and Transportation. Whitford, which nominations were received which nominations were received by the Sen- By Mrs. GILLIBRAND: by the Senate and appeared in the Congres- ate and appeared in the Congressional S. 2992. A bill to amend title 10, United sional Record on November 13, 2014. Record on December 3, 2014. (minus 1 nomi- States Code, to reform procedures for deter- Army nomination of Steven E. Baker, to nee: James Lawhorn, Jr.) minations to proceed to trial by court-mar- be Major. Army nominations beginning with Kath- tial for certain offenses under the Uniform Army nomination of Arun Sharma, to be arine M. E. Adams and ending with Hans P. Code of Military Justice, and for other pur- Major. Zeller, which nominations were received by poses; read the first time. Army nomination of James M. Brumit, to the Senate and appeared in the Congres- be Lieutenant Colonel. sional Record on December 3, 2014. f Army nominations beginning with Samuel Army nominations beginning with Robert ADDITIONAL COSPONSORS Agostosantiago and ending with John R. J. Abbott and ending with D011857, which Wilt, which nominations were received by nominations were received by the Senate and S. 209 the Senate and appeared in the Congres- appeared in the Congressional Record on De- At the request of Mr. PAUL, the name sional Record on November 13, 2014. cember 3, 2014. of the Senator from Illinois (Mr. KIRK)

VerDate Mar 15 2010 05:45 Aug 29, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\DEC 2014\S09DE4.REC S09DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6449 was added as a cosponsor of S. 209, a DURBIN) was added as a cosponsor of S. terest of the United States to work in bill to require a full audit of the Board 2898, a bill to provide consumer protec- close coordination with international of Governors of the Federal Reserve tions for students. partners to help prevent and mitigate System and the Federal reserve banks S. 2911 acts of genocide and mass atrocities. by the Comptroller General of the At the request of Mr. MURPHY, the f United States, and for other purposes. name of the Senator from New Jersey AMENDMENTS SUBMITTED AND S. 318 (Mr. BOOKER) was added as a cosponsor PROPOSED At the request of Mr. JOHANNS, the of S. 2911, a bill to establish a task name of the Senator from Nevada (Mr. force to review policies and measures SA 3977. Mr. REID (for Mr. ROCKEFELLER HELLER) was added as a cosponsor of S. to promote, and to develop best prac- (for himself and Mr. TESTER)) proposed an 318, a bill to rescind funds made avail- tices for, reduction of short-lived cli- amendment to the bill H.R. 1204, to amend able to the Administrator of the Envi- mate pollutants, and for other pur- title 49, United States Code, to direct the As- sistant Secretary of Homeland Security ronmental Protection Agency if the poses. (Transportation Security Administration) to Administrator fails to meet certain S. 2930 establish an Aviation Security Advisory deadlines. At the request of Mr. MCCAIN, the Committee, and for other purposes. S. 631 name of the Senator from Indiana (Mr. SA 3978. Mr. REID (for Ms. AYOTTE) pro- At the request of Mr. HARKIN, the DONNELLY) was added as a cosponsor of posed an amendment to the bill H.R. 2719, to name of the Senator from New Jersey S. 2930, a bill to direct the Secretary of require the Transportation Security Admin- istration to implement best practices and (Mr. MENENDEZ) was added as a cospon- Defense and the Secretary of Veterans improve transparency with regard to tech- sor of S. 631, a bill to allow Americans Affairs to provide for the conduct of an nology acquisition programs, and for other to earn paid sick time so that they can evaluation of mental health care and purposes. address their own health needs and the suicide prevention programs of the De- SA 3979. Mrs. GILLIBRAND submitted an health needs of their families. partment of Defense and the Depart- amendment intended to be proposed by her S. 769 ment of Veterans Affairs, to require a to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure that emer- At the request of Mr. DURBIN, the pilot program on loan repayment for psychiatrists who agree to serve in the gency services volunteers are not taken into name of the Senator from New Jersey account as employees under the shared re- (Mr. BOOKER) was added as a cosponsor Veterans Health Administration of the sponsibility requirements contained in the of S. 769, a bill to designate as wilder- Department of Veterans Affairs, and Patient Protection and Affordable Care Act; ness certain Federal portions of the red for other purposes. which was ordered to lie on the table. rock canyons of the Colorado Plateau S. 2946 SA 3980. Mr. BROWN (for himself, Mr. and the Great Basin Deserts in the At the request of Mr. DURBIN, the PORTMAN, Mr. ROCKEFELLER, Mr. CASEY, Mr. State of Utah for the benefit of present name of the Senator from Washington SCHUMER, Ms. STABENOW, Mr. CARDIN, Mr. and future generations of people in the DONNELLY, Ms. BALDWIN, and Mr. WICKER) (Mrs. MURRAY) was added as a cospon- submitted an amendment intended to be pro- United States. sor of S. 2946, a bill to provide im- posed by him to the bill H.R. 5771, to amend S. 1695 proved water, sanitation, and hygiene the Internal Revenue Code of 1986 to extend At the request of Ms. CANTWELL, the programs for high priority developing certain expiring provisions and make tech- name of the Senator from New Jersey countries, and for other purposes. nical corrections, to amend the Internal Rev- enue Code of 1986 to provide for the tax (Mr. BOOKER) was added as a cosponsor S. 2965 treatment of ABLE accounts established of S. 1695, a bill to designate a portion At the request of Mr. CRUZ, the name of the Arctic National Wildlife Refuge under State programs for the care of family of the Senator from Texas (Mr. COR- members with disabilities, and for other pur- as wilderness. NYN) was added as a cosponsor of S. poses; which was ordered to lie on the table. S. 1861 2965, a bill to provide that members of SA 3981. Mr. BEGICH proposed an amend- At the request of Mr. CORNYN, the the Armed Forces performing haz- ment to the bill S. 1474, to amend the Vio- name of the Senator from Utah (Mr. ardous humanitarian services in West lence Against Women Reauthorization Act of LEE) was added as a cosponsor of S. Africa to combat the spread of the 2014 2013 to repeal a special rule for the State of 1861, a bill to save taxpayer money and Ebola virus outbreak shall be entitled Alaska, and for other purposes. SA 3982. Mr. BEGICH proposed an amend- end bailouts of financial institutions to tax benefits in the same manner as ment to the bill S. 1474, supra. by providing for a process to allow fi- if such services were performed in a SA 3983. Mrs. GILLIBRAND submitted an nancial institutions to go bankrupt. combat zone. amendment intended to be proposed by her S. 2206 S. 2971 to the bill H.R. 3979, to amend the Internal At the request of Mr. COBURN, the At the request of Mr. PORTMAN, the Revenue Code of 1986 to ensure that emer- name of the Senator from Nevada (Mr. names of the Senator from New Hamp- gency services volunteers are not taken into account as employees under the shared re- HELLER) was added as a cosponsor of S. shire (Ms. AYOTTE) and the Senator sponsibility requirements contained in the 2206, a bill to streamline the collection from Colorado (Mr. BENNET) were added Patient Protection and Affordable Care Act; and distribution of government infor- as cosponsors of S. 2971, a bill to pro- which was ordered to lie on the table. mation. mote energy efficiency, and for other SA 3984. Mr. REID proposed an amendment S. 2689 purposes. to the bill H.R. 3979, supra. SA 3985. Mr. REID proposed an amendment At the request of Mrs. SHAHEEN, the S. 2975 name of the Senator from Florida (Mr. to amendment SA 3984 proposed by Mr. REID At the request of Mr. PORTMAN, the to the bill H.R. 3979, supra. NELSON) was added as a cosponsor of S. name of the Senator from Colorado SA 3986. Mr. REID proposed an amendment 2689, a bill to amend title XVIII of the (Mr. BENNET) was added as a cosponsor to the bill H.R. 3979, supra. Social Security Act to specify coverage of S. 2975, a bill to amend title XVIII of SA 3987. Mr. REID proposed an amendment of continuous glucose monitoring de- the Social Security Act to require to amendment SA 3986 proposed by Mr. REID vices, and for other purposes. State licensure and bid surety bonds to the bill H.R. 3979, supra. S. 2807 for entities submitting bids under the SA 3988. Mr. REID proposed an amendment Medicare durable medical equipment, to amendment SA 3987 proposed by Mr. REID At the request of Mr. BLUMENTHAL, to the amendment SA 3986 proposed by Mr. the name of the Senator from Delaware prosthetics, orthotics, and supplies REID to the bill H.R. 3979, supra. (Mr. COONS) was added as a cosponsor (DMEPOS) competitive acquisition SA 3989. Mr. LEE submitted an amendment of S. 2807, a bill to encourage States to program, and for other purposes. intended to be proposed by him to the bill report to the Attorney General certain S. RES. 413 H.R. 3979, supra; which was ordered to lie on information regarding the deaths of in- At the request of Mr. COONS, the the table. dividuals in the custody of law enforce- name of the Senator from Illinois (Mr. SA 3990. Mr. LEE submitted an amendment ment agencies, and for other purposes. intended to be proposed by him to the bill DURBIN) was added as a cosponsor of S. H.R. 3979, supra; which was ordered to lie on S. 2898 Res. 413, a resolution recognizing 20 the table. At the request of Mr. MERKLEY, the years since the genocide in Rwanda, SA 3991. Mr. LEE submitted an amendment name of the Senator from Illinois (Mr. and affirming it is in the national in- intended to be proposed by him to the bill

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.027 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6450 CONGRESSIONAL RECORD — SENATE December 9, 2014 H.R. 3979, supra; which was ordered to lie on retary an annual report providing informa- not receive pay, allowances, or benefits from the table. tion on the activities, findings, and rec- the Government by reason of their service on SA 3992. Mr. CRUZ submitted an amend- ommendations of the Advisory Committee, the Advisory Committee. ment intended to be proposed by him to the including its subcommittees, for the pre- ‘‘(4) MEETINGS.— bill H.R. 3979, supra; which was ordered to lie ceding year. Not later than 6 months after ‘‘(A) IN GENERAL.—The Assistant Secretary on the table. the date that the Secretary receives the an- shall require the Advisory Committee to SA 3993. Mr. SCHATZ (for Mr. COONS) pro- nual report, the Secretary shall publish a meet at least semiannually and may convene posed an amendment to the resolution S. public version describing the Advisory Com- additional meetings as necessary. Res. 413, recognizing 20 years since the geno- mittee’s activities and such related matters ‘‘(B) PUBLIC MEETINGS.—At least 1 of the cide in Rwanda, and affirming it is in the na- as would be informative to the public con- meetings described in subparagraph (A) shall tional interest of the United States to work sistent with the policy of section 552(b) of be open to the public. in close coordination with international title 5. ‘‘(C) ATTENDANCE.—The Advisory Com- partners to help prevent and mitigate acts of ‘‘(5) FEEDBACK.—Not later than 90 days mittee shall maintain a record of the persons genocide and mass atrocities. after receiving recommendations trans- present at each meeting. SA 3994. Mr. SCHATZ (for Mr. COONS) pro- mitted by the Advisory Committee under ‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY posed an amendment to the resolution S. paragraph (4), the Assistant Secretary shall INFORMATION.—Not later than 60 days after Res. 413, supra. respond in writing to the Advisory Com- the date of a member’s appointment, the As- SA 3995. Mr. SCHATZ (for Mrs. FEINSTEIN) mittee with feedback on each of the rec- sistant Secretary shall determine if there is proposed an amendment to the bill H.R. 4681, ommendations, an action plan to implement cause for the member to be restricted from to authorize appropriations for fiscal years any of the recommendations with which the possessing sensitive security information. 2014 and 2015 for intelligence and intel- Assistant Secretary concurs, and a justifica- Without such cause, and upon the member ligence-related activities of the United tion for why any of the recommendations voluntarily signing a non-disclosure agree- States Government, the Community Man- have been rejected. ment, the member may be granted access to agement Account, and the Central Intel- ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not sensitive security information that is rel- ligence Agency Retirement and Disability later than 30 days after providing written evant to the member’s advisory duties. The System, and for other purposes. feedback to the Advisory Committee under member shall protect the sensitive security f paragraph (5), the Assistant Secretary shall information in accordance with part 1520 of notify the Committee on Commerce, title 49, Code of Federal Regulations. TEXT OF AMENDMENTS Science, and Transportation of the Senate ‘‘(6) CHAIRPERSON.—A stakeholder rep- SA 3977. Mr. REID (for Mr. ROCKE- and the Committee on Homeland Security of resentative on the Advisory Committee who FELLER (for himself and Mr. TESTER)) the House of Representatives on such feed- is elected by the appointed membership of proposed an amendment to the bill back, and provide a briefing upon request. the Advisory Committee shall chair the Ad- ‘‘(7) REPORT TO CONGRESS.—Prior to brief- visory Committee. H.R. 1204, to amend title 49, United ing the Committee on Commerce, Science, ‘‘(d) SUBCOMMITTEES.— States Code, to direct the Assistant and Transportation of the Senate and the ‘‘(1) MEMBERSHIP.—The Advisory Com- Secretary of Homeland Security Committee on Homeland Security of the mittee chairperson, in coordination with the (Transportation Security Administra- House of Representatives under paragraph Assistant Secretary, may establish within tion) to establish an Aviation Security (6), the Assistant Secretary shall submit to the Advisory Committee any subcommittee Advisory Committee, and for other such committees a report containing infor- that the Assistant Secretary and Advisory purposes; as follows: mation relating to the recommendations Committee determine to be necessary. The transmitted by the Advisory Committee in Assistant Secretary and the Advisory Com- Strike all after the enacting clause and in- accordance with paragraph (4). mittee shall create subcommittees to ad- sert the following: ‘‘(c) MEMBERSHIP.— dress aviation security issues, including the SECTION 1. SHORT TITLE. ‘‘(1) APPOINTMENT.— following: This Act may be cited as the ‘‘Aviation Se- ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(A) AIR CARGO SECURITY.—The implemen- curity Stakeholder Participation Act of after the date of enactment of the Aviation tation of the air cargo security programs es- 2014’’. Security Stakeholder Participation Act of tablished by the Transportation Security SEC. 2. AVIATION SECURITY ADVISORY COM- 2014, the Assistant Secretary shall appoint Administration to screen air cargo on pas- MITTEE. the members of the Advisory Committee. senger aircraft and all-cargo aircraft in ac- (a) IN GENERAL.—Subchapter II of chapter ‘‘(B) COMPOSITION.—The membership of the cordance with established cargo screening 449 of title 49, United States Code, is amend- Advisory Committee shall consist of individ- mandates. ed by adding at the end the following: uals representing not more than 34 member ‘‘(B) GENERAL AVIATION.—General aviation ‘‘§ 44946. Aviation Security Advisory Com- organizations. Each organization shall be facilities, general aviation aircraft, and heli- mittee represented by 1 individual (or the individ- copter operations at general aviation and ‘‘(a) ESTABLISHMENT.—The Assistant Sec- ual’s designee). commercial service airports. retary shall establish within the Transpor- ‘‘(C) REPRESENTATION.—The membership of ‘‘(C) PERIMETER AND ACCESS CONTROL.—Rec- tation Security Administration an aviation the Advisory Committee shall include rep- ommendations on airport perimeter secu- security advisory committee. resentatives of air carriers, all-cargo air rity, exit lane security and technology at ‘‘(b) DUTIES.— transportation, indirect air carriers, labor commercial service airports, and access con- ‘‘(1) IN GENERAL.—The Assistant Secretary organizations representing air carrier em- trol issues. shall consult the Advisory Committee, as ap- ployees, labor organizations representing ‘‘(D) SECURITY TECHNOLOGY.—Security propriate, on aviation security matters, in- transportation security officers, aircraft technology standards and requirements, in- cluding on the development, refinement, and manufacturers, airport operators, airport cluding their harmonization internationally, implementation of policies, programs, rule- construction and maintenance contractors, technology to screen passengers, passenger making, and security directives pertaining labor organizations representing employees baggage, carry-on baggage, and cargo, and to aviation security, while adhering to sen- of airport construction and maintenance biometric technology. sitive security guidelines. contractors, general aviation, privacy orga- ‘‘(2) RISK-BASED SECURITY.—All subcommit- ‘‘(2) RECOMMENDATIONS.— nizations, the travel industry, airport-based tees established by the Advisory Committee ‘‘(A) IN GENERAL.—The Advisory Com- businesses (including minority-owned small chairperson in coordination with the Assist- mittee shall develop, at the request of the businesses), businesses that conduct security ant Secretary shall consider risk-based secu- Assistant Secretary, recommendations for screening operations at airports, aero- rity approaches in the performance of their improvements to aviation security. nautical repair stations, passenger advocacy functions that weigh the optimum balance of ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT- groups, the aviation security technology in- costs and benefits in transportation security, TEES.—Recommendations agreed upon by the dustry (including screening technology and including for passenger screening, baggage subcommittees established under this sec- biometrics), victims of terrorist acts against screening, air cargo security policies, and tion shall be approved by the Advisory Com- aviation, and law enforcement and security general aviation security matters. mittee before transmission to the Assistant experts. ‘‘(3) MEETINGS AND REPORTING.—Each sub- Secretary. ‘‘(2) TERM OF OFFICE.— committee shall meet at least quarterly and ‘‘(3) PERIODIC REPORTS.—The Advisory ‘‘(A) TERMS.—The term of each member of submit to the Advisory Committee for inclu- Committee shall periodically submit to the the Advisory Committee shall be 2 years. A sion in the annual report required under sub- Assistant Secretary— member of the Advisory Committee may be section (b)(4) information, including rec- ‘‘(A) reports on matters identified by the reappointed. ommendations, regarding issues within the Assistant Secretary; and ‘‘(B) REMOVAL.—The Assistant Secretary subcommittee. ‘‘(B) reports on other matters identified by may review the participation of a member of ‘‘(4) SUBCOMMITTEE CHAIRS.—Each sub- a majority of the members of the Advisory the Advisory Committee and remove such committee shall be co-chaired by a Govern- Committee. member for cause at any time. ment official and an industry official. ‘‘(4) ANNUAL REPORT.—The Advisory Com- ‘‘(3) PROHIBITION ON COMPENSATION.—The ‘‘(e) SUBJECT MATTER EXPERTS.—Each sub- mittee shall submit to the Assistant Sec- members of the Advisory Committee shall committee under this section shall include

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.023 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6451 subject matter experts with relevant exper- tion in the prevention of, or defense against, Federal security directors whenever an ac- tise who are appointed by the respective sub- threats to United States transportation sys- quisition will lead to the removal of equip- committee chairpersons. tems, including threats to people, property, ment at airports, and how the strategy for ‘‘(f) NONAPPLICABILITY OF FACA.—The Fed- and information. consulting with such officials of the relevant eral Advisory Committee Act (5 U.S.C. App.) ‘‘Subtitle B—Transportation Security airports will address potential negative im- shall not apply to the Advisory Committee Administration Acquisition Improvements pacts on commercial passengers or airport and its subcommittees. ‘‘SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT operations; and ‘‘(g) DEFINITIONS.—In this section: PLAN. ‘‘(12) in consultation with the National In- ‘‘(1) ADVISORY COMMITTEE.—The term ‘Ad- ‘‘(a) IN GENERAL.—The Administrator stitutes of Standards and Technology, an visory Committee’ means the aviation secu- shall— identification of security-related technology rity advisory committee established under ‘‘(1) not later than 180 days after the date interface standards, in existence or if imple- subsection (a). of the enactment of the Transportation Se- mented, that could promote more interoper- ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- curity Acquisition Reform Act, develop and able passenger, baggage, and cargo screening sistant Secretary’ means the Assistant Sec- submit to Congress a strategic 5-year tech- retary of Homeland Security (Transpor- nology investment plan, that may include a systems. tation Security Administration). classified addendum to report sensitive ‘‘(e) LEVERAGING THE PRIVATE SECTOR.—To ‘‘(3) PERIMETER SECURITY.— transportation security risks, technology the extent possible, and in a manner that is ‘‘(A) IN GENERAL.—The term ‘perimeter se- vulnerabilities, or other sensitive security consistent with fair and equitable practices, curity’ means procedures or systems to mon- information; and the Plan shall— itor, secure, and prevent unauthorized access ‘‘(2) to the extent possible, publish the ‘‘(1) leverage emerging technology trends to an airport, including its airfield and ter- Plan in an unclassified format in the public and research and development investment minal. domain. trends within the public and private sectors; ‘‘(b) CONSULTATION.—The Administrator ‘‘(B) INCLUSIONS.—The term ‘perimeter se- ‘‘(2) incorporate private sector input, in- shall develop the Plan in consultation with— curity’ includes the fence area surrounding cluding from the aviation industry stake- an airport, access gates, and access con- ‘‘(1) the Under Secretary for Management; ‘‘(2) the Under Secretary for Science and holder advisory committee established by trols.’’. the Administrator, through requests for in- (b) CLERICAL AMENDMENT.—The analysis Technology; for subchapter II of chapter 449 of title 49, ‘‘(3) the Chief Information Officer; and formation, industry days, and other innova- United States Code, is amended by adding at ‘‘(4) the aviation industry stakeholder ad- tive means consistent with the Federal Ac- the end the following new item: visory committee established by the Admin- quisition Regulation; and istrator. ‘‘(3) in consultation with the Under Sec- ‘‘44946. Aviation Security Advisory Com- ‘‘(c) APPROVAL.—The Administrator may retary for Science and Technology, identify mittee.’’. not publish the Plan under subsection (a)(2) technologies in existence or in development until it has been approved by the Secretary. that, with or without adaptation, are ex- SA 3978. Mr. REID (for Ms. AYOTTE) ‘‘(d) CONTENTS OF PLAN.—The Plan shall in- pected to be suitable to meeting mission clude— proposed an amendment to the bill needs. ‘‘(1) an analysis of transportation security H.R. 2719, to require the Transpor- risks and the associated capability gaps that ‘‘(f) DISCLOSURE.—The Administrator shall tation Security Administration to im- would be best addressed by security-related include with the Plan a list of nongovern- plement best practices and improve technology, including consideration of the ment persons that contributed to the writing transparency with regard to tech- most recent quadrennial homeland security of the Plan. review under section 707; nology acquisition programs, and for ‘‘(g) UPDATE AND REPORT.—Beginning 2 ‘‘(2) a set of security-related technology other purposes; as follows: years after the date the Plan is submitted to acquisition needs that— Strike all after the enacting clause and in- Congress under subsection (a), and biennially sert the following: ‘‘(A) is prioritized based on risk and associ- ated capability gaps identified under para- thereafter, the Administrator shall submit SECTION 1. SHORT TITLE. to Congress— This Act may be cited as the ‘‘Transpor- graph (1); and ‘‘(1) an update of the Plan; and tation Security Acquisition Reform Act’’. ‘‘(B) includes planned technology programs and projects with defined objectives, goals, ‘‘(2) a report on the extent to which each SEC. 2. FINDINGS. security-related technology acquired by the Congress finds the following: timelines, and measures; (1) The Transportation Security Adminis- ‘‘(3) an analysis of current and forecast Administration since the last issuance or up- tration has not consistently implemented trends in domestic and international pas- date of the Plan is consistent with the Department of Homeland Security policies senger travel; planned technology programs and projects ‘‘(4) an identification of currently deployed and Government best practices for acquisi- identified under subsection (d)(2) for that se- security-related technologies that are at or tion and procurement. curity-related technology. near the end of their lifecycles; (2) The Transportation Security Adminis- ‘‘(5) an identification of test, evaluation, ‘‘SEC. 1612. ACQUISITION JUSTIFICATION AND RE- tration has only recently developed a PORTS. modeling, and simulation capabilities, in- multiyear technology investment plan, and cluding target methodologies, rationales, ‘‘(a) ACQUISITION JUSTIFICATION.—Before has underutilized innovation opportunities and timelines necessary to support the ac- the Administration implements any secu- within the private sector, including from quisition of the security-related technologies small businesses. rity-related technology acquisition, the Ad- expected to meet the needs under paragraph ministrator, in accordance with the Depart- (3) The Transportation Security Adminis- (2); tration has faced challenges in meeting key ment’s policies and directives, shall deter- ‘‘(6) an identification of opportunities for mine whether the acquisition is justified by performance requirements for several major public-private partnerships, small and dis- conducting an analysis that includes— acquisitions and procurements, resulting in advantaged company participation, reduced security effectiveness and wasted ex- intragovernment collaboration, university ‘‘(1) an identification of the scenarios and penditures. centers of excellence, and national labora- level of risk to transportation security from SEC. 3. TRANSPORTATION SECURITY ADMINIS- tory technology transfer; those scenarios that would be addressed by TRATION ACQUISITION REFORM. ‘‘(7) an identification of the Administra- the security-related technology acquisition; (a) IN GENERAL.—Title XVI of the Home- tion’s acquisition workforce needs for the ‘‘(2) an assessment of how the proposed ac- land Security Act of 2002 (Public Law 107–296; management of planned security-related quisition aligns to the Plan; 116 Stat. 2312) is amended to read as follows: technology acquisitions, including consider- ‘‘(3) a comparison of the total expected ‘‘TITLE XVI—TRANSPORTATION SECURITY ation of leveraging acquisition expertise of lifecycle cost against the total expected ‘‘Subtitle A—General Provisions other Federal agencies; quantitative and qualitative benefits to ‘‘SEC. 1601. DEFINITIONS. ‘‘(8) an identification of the security re- transportation security; ‘‘In this title: sources, including information security re- ‘‘(4) an analysis of alternative security so- ‘‘(1) ADMINISTRATION.—The term ‘Adminis- sources, that will be required to protect se- lutions, including policy or procedure solu- tration’ means the Transportation Security curity-related technology from physical or tions, to determine if the proposed security- Administration. cyber theft, diversion, sabotage, or attack; related technology acquisition is the most ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- ‘‘(9) an identification of initiatives to effective and cost-efficient solution based on trator’ means the Administrator of the streamline the Administration’s acquisition cost-benefit considerations; Transportation Security Administration. process and provide greater predictability ‘‘(5) an assessment of the potential privacy ‘‘(3) PLAN.—The term ‘Plan’ means the and clarity to small, medium, and large busi- and civil liberties implications of the pro- strategic 5-year technology investment plan nesses, including the timeline for testing and posed acquisition that includes, to the ex- developed by the Administrator under sec- evaluation; tent practicable, consultation with organiza- tion 1611. ‘‘(10) an assessment of the impact to com- tions that advocate for the protection of pri- ‘‘(4) SECURITY-RELATED TECHNOLOGY.—The mercial aviation passengers; vacy and civil liberties; term ‘security-related technology’ means ‘‘(11) a strategy for consulting airport ‘‘(6) a determination that the proposed ac- any technology that assists the Administra- management, air carrier representatives, and quisition is consistent with fair information

VerDate Sep 11 2014 07:42 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.014 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6452 CONGRESSIONAL RECORD — SENATE December 9, 2014 practice principles issued by the Privacy Of- miliarization with the security-related tech- inventory in an effective and efficient man- ficer of the Department; nology. ner. ‘‘(7) confirmation that there are no signifi- ‘‘(5) VERIFICATION AND VALIDATION.—The ‘‘(2) LIMITATION ON JUST-IN-TIME LOGIS- cant risks to human health or safety posed appropriate acquisition official of the De- TICS.—The Administrator may not use just- by the proposed acquisition; and partment— in-time logistics if doing so— ‘‘(8) an estimate of the benefits to commer- ‘‘(A) subject to subparagraph (B), shall uti- ‘‘(A) would inhibit necessary planning for cial aviation passengers. lize independent reviewers to verify and vali- large-scale delivery of equipment to airports ‘‘(b) REPORTS AND CERTIFICATION TO CON- date the performance milestones and cost es- or other facilities; or GRESS.— timates developed under paragraph (2) for a ‘‘(B) would unduly diminish surge capacity ‘‘(1) IN GENERAL.—Not later than the end of security-related technology that pursuant to for response to a terrorist threat. the 30-day period preceding the award by the section 1611(d)(2) has been identified as a ‘‘SEC. 1615. SMALL BUSINESS CONTRACTING Administration of a contract for any secu- high priority need in the most recent Plan; GOALS. rity-related technology acquisition exceed- and ‘‘Not later than 90 days after the date of ing $30,000,000, the Administrator shall sub- ‘‘(B) shall ensure that the use of inde- enactment of the Transportation Security mit to the Committee on Commerce, pendent reviewers does not unduly delay the Acquisition Reform Act, and annually there- Science, and Transportation of the Senate schedule of any acquisition. after, the Administrator shall submit a re- and the Committee on Homeland Security of ‘‘(6) STREAMLINING ACCESS FOR INTERESTED port to the Committee on Commerce, the House of Representatives— VENDORS.—The Administrator shall establish Science, and Transportation of the Senate ‘‘(A) the results of the comprehensive ac- a streamlined process for an interested ven- and the Committee on Homeland Security of quisition justification under subsection (a); dor of a security-related technology to re- the House of Representatives that includes— and quest and receive appropriate access to the ‘‘(1) the Administration’s performance ‘‘(B) a certification by the Administrator baseline requirements and test and evalua- record with respect to meeting its published that the benefits to transportation security tion plans that are necessary for the vendor small-business contracting goals during the justify the contract cost. to participate in the acquisitions process for preceding fiscal year; ‘‘(2) EXTENSION DUE TO IMMINENT TERRORIST that technology. ‘‘(2) if the goals described in paragraph (1) ‘‘(b) REVIEW OF BASELINE REQUIREMENTS THREAT.—If there is a known or suspected were not met or the Administration’s per- AND DEVIATION; REPORT TO CONGRESS.— imminent threat to transportation security, formance was below the published small- ‘‘(1) REVIEW.— the Administrator— business contracting goals of the Depart- ‘‘(A) IN GENERAL.—The appropriate acquisi- ‘‘(A) may reduce the 30-day period under ment— tion official of the Department shall review paragraph (1) to 5 days to rapidly respond to ‘‘(A) a list of challenges, including devi- and assess each implemented acquisition to the threat; and ations from the Administration’s subcon- determine if the acquisition is meeting the ‘‘(B) shall immediately notify the Com- tracting plans, and factors that contributed baseline requirements established under sub- mittee on Commerce, Science, and Transpor- to the level of performance during the pre- section (a). tation of the Senate and the Committee on ceding fiscal year; ‘‘(B) TEST AND EVALUATION ASSESSMENT.— Homeland Security of the House of Rep- ‘‘(B) an action plan, with benchmarks, for The review shall include an assessment of resentatives of the known or suspected im- addressing each of the challenges identified whether— minent threat. in subparagraph (A) that— ‘‘(i) the planned testing and evaluation ac- ‘‘(i) is prepared after consultation with the ‘‘SEC. 1613. ACQUISITION BASELINE ESTABLISH- tivities have been completed; and Secretary of Defense and the heads of Fed- MENT AND REPORTS. ‘‘(ii) the results of that testing and evalua- eral departments and agencies that achieved ‘‘(a) BASELINE REQUIREMENTS.— tion demonstrate that the performance mile- their published goals for prime contracting ‘‘(1) IN GENERAL.—Before the Administra- stones are technologically feasible. with small and minority-owned businesses, tion implements any security-related tech- ‘‘(2) REPORT.—Not later than 30 days after including small and disadvantaged busi- nology acquisition, the appropriate acquisi- making a finding described in clause (i), (ii), nesses, in prior fiscal years; and tion official of the Department shall estab- or (iii) of subparagraph (A), the Adminis- ‘‘(ii) identifies policies and procedures that lish and document a set of formal baseline trator shall submit a report to the Com- could be incorporated by the Administration requirements. mittee on Commerce, Science, and Transpor- in furtherance of achieving the Administra- ‘‘(2) CONTENTS.—The baseline requirements tation of the Senate and the Committee on tion’s published goal for such contracting; under paragraph (1) shall— Homeland Security of the House of Rep- and ‘‘(A) include the estimated costs (including resentatives that includes— ‘‘(3) a status report on the implementation lifecycle costs), schedule, and performance ‘‘(A) the results of any assessment that of the action plan that was developed in the milestones for the planned duration of the finds that— preceding fiscal year in accordance with acquisition; ‘‘(i) the actual or planned costs exceed the paragraph (2)(B), if such a plan was required. ‘‘(B) identify the acquisition risks and a baseline costs by more than 10 percent; plan for mitigating those risks; and ‘‘(ii) the actual or planned schedule for de- ‘‘SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISITION REGULATION AND DE- ‘‘(C) assess the personnel necessary to livery has been delayed by more than 180 manage the acquisition process, manage the PARTMENTAL POLICIES AND DIREC- days; or TIVES. ongoing program, and support training and ‘‘(iii) there is a failure to meet any per- ‘‘The Administrator shall execute the re- other operations as necessary. formance milestone that directly impacts se- sponsibilities set forth in this subtitle in a ‘‘(3) FEASIBILITY.—In establishing the per- curity effectiveness; manner consistent with, and not duplicative formance milestones under paragraph (2)(A), ‘‘(B) the cause for such excessive costs, of, the Federal Acquisition Regulation and the appropriate acquisition official of the delay, or failure; and the Department’s policies and directives.’’. Department, to the extent possible and in ‘‘(C) a plan for corrective action. (b) CONFORMING AMENDMENT.—The table of consultation with the Under Secretary for ‘‘SEC. 1614. INVENTORY UTILIZATION. contents in section 1(b) of the Homeland Se- Science and Technology, shall ensure that ‘‘(a) IN GENERAL.—Before the procurement curity Act of 2002 is amended by striking the achieving those milestones is techno- of additional quantities of equipment to ful- items relating to title XVI and inserting the logically feasible. fill a mission need, the Administrator, to the following: ‘‘(4) TEST AND EVALUATION PLAN.—The Ad- extent practicable, shall utilize any existing ministrator, in consultation with the Under ‘‘TITLE XVI—TRANSPORTATION units in the Administration’s inventory to SECURITY Secretary for Science and Technology, shall meet that need. develop a test and evaluation plan that de- ‘‘(b) TRACKING OF INVENTORY.— ‘‘Subtitle A—General Provisions scribes— ‘‘(1) IN GENERAL.—The Administrator shall ‘‘Sec. 1601. Definitions. ‘‘(A) the activities that are expected to be establish a process for tracking— ‘‘Subtitle B—Transportation Security required to assess acquired technologies ‘‘(A) the location of security-related equip- Administration Acquisition Improvements against the performance milestones estab- ment in the inventory under subsection (a); ‘‘Sec. 1611. 5-year technology investment lished under paragraph (2)(A); ‘‘(B) the utilization status of security-re- plan. ‘‘(B) the necessary and cost-effective com- lated technology in the inventory under sub- ‘‘Sec. 1612. Acquisition justification and re- bination of laboratory testing, field testing, section (a); and ports. modeling, simulation, and supporting anal- ‘‘(C) the quantity of security-related equip- ‘‘Sec. 1613. Acquisition baseline establish- ysis to ensure that such technologies meet ment in the inventory under subsection (a). ment and reports. the Administration’s mission needs; ‘‘(2) INTERNAL CONTROLS.—The Adminis- ‘‘Sec. 1614. Inventory utilization. ‘‘(C) an efficient planning schedule to en- trator shall implement internal controls to ‘‘Sec. 1615. Small business contracting goals. sure that test and evaluation activities are ensure up-to-date accurate data on security- ‘‘Sec. 1616. Consistency with the Federal ac- completed without undue delay; and related technology owned, deployed, and in quisition regulation and depart- ‘‘(D) if commercial aviation passengers are use. mental policies and direc- expected to interact with the security-re- ‘‘(c) LOGISTICS MANAGEMENT.— tives.’’. lated technology, methods that could be used ‘‘(1) IN GENERAL.—The Administrator shall (c) PRIOR AMENDMENTS NOT AFFECTED.— to measure passenger acceptance of and fa- establish logistics principles for managing Nothing in this section may be construed to

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.020 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6453 affect any amendment made by title XVI of Subtitle J—Uniform Code of Military Justice States Code (article 81 of the Uniform Code the Homeland Security Act of 2002 as in ef- Reform of Military Justice). fect before the date of enactment of this Act. SEC. 596. SHORT TITLE. (D) A solicitation to commit an offense SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE This subtitle may be cited as the ‘‘Military specified in subparagraph (A) or (B) as pun- REPORTS. Justice Improvement Act of 2014’’. ishable under section 882 of title 10, United States Code (article 82 of the Uniform Code (a) IMPLEMENTATION OF PREVIOUS REC- SEC. 597. MODIFICATION OF AUTHORITY TO DE- of Military Justice). OMMENDATIONS.—Not later than 1 year after TERMINE TO PROCEED TO TRIAL BY the date of enactment of this Act, the Comp- COURT-MARTIAL ON CHARGES ON (E) An attempt to commit an offense speci- CERTAIN OFFENSES WITH AUTHOR- fied in subparagraph (A) through (D) as pun- troller General of the United States shall IZED MAXIMUM SENTENCE OF CON- ishable under section 880 of title 10, United submit a report to Congress that contains an FINEMENT OF MORE THAN ONE States Code (article 80 of the Uniform Code assessment of the Transportation Security YEAR. of Military Justice). Administration’s implementation of rec- (a) MODIFICATION OF AUTHORITY.— (4) REQUIREMENTS AND LIMITATIONS.—The ommendations regarding the acquisition of (1) IN GENERAL.— disposition of charges pursuant to paragraph security-related technology that were made (A) MILITARY DEPARTMENTS.—With respect (1) shall be subject to the following: by the Government Accountability Office be- to charges under chapter 47 of title 10, (A) The determination whether to try such fore the date of the enactment of this Act. United States Code (the Uniform Code of charges by court-martial shall be made by a Military Justice), that allege an offense (b) IMPLEMENTATION OF SUBTITLE B OF commissioned officer of the Armed Forces specified in paragraph (2) and not excluded TITLE XVI.—Not later than 1 year after the designated in accordance with regulations under paragraph (3), the Secretary of Defense date of enactment of this Act and 3 years prescribed for purposes of this subsection shall require the Secretaries of the military thereafter, the Comptroller General of the from among commissioned officers of the departments to provide for the determina- United States shall submit a report to Con- Armed Forces in grade O–6 or higher who— tion under section 830(b) of such chapter (ar- gress that contains an evaluation of the (i) are available for detail as trial counsel ticle 30(b) of the Uniform Code of Military Transportation Security Administration’s under section 827 of title 10, United States Justice) on whether to try such charges by progress in implementing subtitle B of title Code (article 27 of the Uniform Code of Mili- XVI of the Homeland Security Act of 2002, as court-martial as provided in paragraph (4). tary Justice); amended by section 3, including any effi- (B) HOMELAND SECURITY.—With respect to (ii) have significant experience in trials by ciencies, cost savings, or delays that have re- charges under chapter 47 of title 10, United general or special court-martial; and sulted from such implementation. States Code (the Uniform Code of Military (iii) are outside the chain of command of Justice), that allege an offense specified in SEC. 5. REPORT ON FEASIBILITY OF INVENTORY the member subject to such charges. TRACKING. paragraph (2) and not excluded under para- (B) Upon a determination under subpara- graph (3) against a member of the Coast Not later than 90 days after the date of en- graph (A) to try such charges by court-mar- Guard (when it is not operating as a service actment of this Act, the Administrator of tial, the officer making that determination in the Navy), the Secretary of Homeland Se- the Transportation Security Administration shall determine whether to try such charges curity shall provide for the determination shall submit a report to Congress on the fea- by a general court-martial convened under under section 830(b) of such chapter (article sibility of tracking security-related tech- section 822 of title 10, United States Code 30(b) of the Uniform Code of Military Jus- nology, including software solutions, of the (article 22 of the Uniform Code of Military tice) on whether to try such charges by Administration through automated informa- Justice), or a special court-martial convened court-martial as provided in paragraph (4). tion and data capture technologies. under section 823 of title 10, United States (2) COVERED OFFENSES.—An offense speci- Code (article 23 of the Uniform Code of Mili- SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE fied in this paragraph is an offense as fol- tary Justice). REVIEW OF TSA’S TEST AND EVALUA- lows: TION PROCESS. (C) A determination under subparagraph (A) An offense under chapter 47 of title 10, (A) to try charges by court-martial shall in- Not later than 1 year after the date of en- United States Code (the Uniform Code of clude a determination to try all known of- actment of this Act, the Comptroller General Military Justice), that is triable by court- fenses, including lesser included offenses. of the United States shall submit a report to martial under that chapter for which the (D) The determination to try such charges Congress that includes— maximum punishment authorized under that by court-martial under subparagraph (A), (1) an evaluation of the Transportation Se- chapter includes confinement for more than and by type of court-martial under subpara- curity Administration’s testing and evalua- one year. graph (B), shall be binding on any applicable tion activities related to security-related (B) An offense under section 892a of title convening authority for a trial by court- technology; 10, United States Code (article 92a of the martial on such charges. (2) information on the extent to which— Uniform Code of Military Justice), as added (E) The actions of an officer described in (A) the execution of such testing and eval- by section 599B of this Act, regardless of the subparagraph (A) in determining under that uation activities is aligned, temporally and maximum punishment authorized under that subparagraph whether or not to try charges otherwise, with the Administration’s annual chapter for such offense. by court-martial shall be free of unlawful or budget request, acquisition needs, planned (C) An offense under section 907a of title 10, unauthorized influence or coercion. procurements, and acquisitions for tech- United States Code (article 107a of the Uni- (F) The determination under subparagraph nology programs and projects; and form Code of Military Justice), as added by (A) not to proceed to trial of such charges by (B) security-related technology that has section 599C of this Act, regardless of the general or special court-martial shall not op- been tested, evaluated, and certified for use maximum punishment authorized under that erate to terminate or otherwise alter the au- by the Administration but was not procured chapter for such offense. thority of commanding officers to refer such by the Administration, including the reasons (D) A conspiracy to commit an offense charges for trial by summary court-martial the procurement did not occur; and specified in subparagraph (A) through (C) as convened under section 824 of title 10, United (3) recommendations— punishable under section 881 of title 10, States Code (article 24 of the Uniform Code (A) to improve the efficiency and efficacy United States Code (article 81 of the Uniform of Military Justice), or to impose non-judi- of such testing and evaluation activities; and Code of Military Justice). cial punishment in connection with the con- (B) to better align such testing and evalua- (E) A solicitation to commit an offense duct covered by such charges as authorized tion with the acquisitions process. specified in subparagraph (A) through (C) as by section 815 of title 10, United States Code SEC. 7. NO ADDITIONAL AUTHORIZATION OF AP- punishable under section 882 of title 10, (article 15 of the Uniform Code of Military PROPRIATIONS. United States Code (article 82 of the Uniform Justice). No additional funds are authorized to be Code of Military Justice). (5) CONSTRUCTION WITH CHARGES ON OTHER appropriated to carry out this Act or the (F) An attempt to commit an offense speci- OFFENSES.—Nothing in this subsection shall amendments made by this Act. fied in subparagraphs (A) through (E) as pun- be construed to alter or affect the disposi- ishable under section 880 of title 10, United tion of charges under chapter 47 of title 10, SA 3979. Mrs. GILLIBRAND sub- States Code (article 80 of the Uniform Code United States Code (the Uniform Code of mitted an amendment intended to be of Military Justice). Military Justice), that allege an offense tri- (3) EXCLUDED OFFENSES.—Paragraph (1) able by court-martial under that chapter for proposed by her to the bill H.R. 3979, to does not apply to an offense as follows: which the maximum punishment authorized amend the Internal Revenue Code of (A) An offense under sections 883 through under that chapter includes confinement for 1986 to ensure that emergency services 917 of title 10, United States Code (articles 83 one year or less. volunteers are not taken into account through 117 of the Uniform Code of Military (6) POLICIES AND PROCEDURES.— as employees under the shared respon- Justice). (A) IN GENERAL.—The Secretaries of the sibility requirements contained in the (B) An offense under section 933 or 934 of military departments and the Secretary of Patient Protection and Affordable Care title 10, United States Code (articles 133 and Homeland Security (with respect to the Act; which was ordered to lie on the 134 of the Uniform Code of Military Justice). Coast Guard when it is not operating as a (C) A conspiracy to commit an offense service in the Navy) shall revise policies and table; as follows: specified in subparagraph (A) or (B) as pun- procedures as necessary to comply with this At the end of title V, add the following: ishable under section 881 of title 10, United subsection.

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(B) UNIFORMITY.—The General Counsel of personnel so detailed or assigned, as the case cept that the maximum punishment author- the Department of Defense and the General may be, shall be detailed or assigned from ized for such offense may not exceed dishon- Counsel of the Department of Homeland Se- personnel billets in existence on the date of orable discharge, forfeiture of all pay and al- curity shall jointly review the policies and the enactment of this Act. lowances, and confinement for not more than procedures revised under this paragraph in SEC. 599. DISCHARGE USING OTHERWISE AU- five years.’’. order to ensure that any lack of uniformity THORIZED PERSONNEL AND RE- (b) CLERICAL AMENDMENT.—The table of in policies and procedures, as so revised, SOURCES. sections at the beginning of subchapter X of among the military departments and the De- (a) IN GENERAL.—The Secretaries of the chapter 47 of such title, as amended by sec- partment of Homeland Security does not military departments and the Secretary of tion 599B(b)(2) of this Act, is further amend- render unconstitutional any policy or proce- Homeland Security (with respect to the ed by inserting after the item relating to dure, as so revised. Coast Guard when it is not operating as a section 907 (article 107) the following new (7) MANUAL FOR COURTS-MARTIAL.—The Sec- service in the Navy) shall carry out sections item: 597 and 598 (and the amendments made by retary of Defense shall recommend such ‘‘907a. Art. 107a. Obstruction of justice.’’. changes to the Manual for Courts-Martial as section 598) using personnel, funds, and re- are necessary to ensure compliance with this sources otherwise authorized by law. Mr. BROWN (for himself, subsection. (b) NO AUTHORIZATION OF ADDITIONAL PER- SA 3980. (b) EFFECTIVE DATE AND APPLICABILITY.— SONNEL OR RESOURCES.—Sections 597 and 598 Mr. PORTMAN, Mr. ROCKEFELLER, Mr. Subsection (a), and the revisions required by (and the amendments made by section 598) CASEY, Mr. SCHUMER, Ms. STABENOW, that subsection, shall take effect on the date shall not be construed as authorizations for Mr. CARDIN, Mr. DONNELLY, Ms. BALD- that is 180 days after the date of the enact- personnel, personnel billets, or funds for the WIN, and Mr. WICKER) submitted an ment of this Act, and shall apply with re- discharge of the requirements in such sec- amendment intended to be proposed by spect to charges preferred under section 830 tions. him to the bill H.R. 5771, to amend the of title 10, United States Code (article 30 of SEC. 599A. MONITORING AND ASSESSMENT OF Internal Revenue Code of 1986 to extend the Uniform Code of Military Justice), on or MODIFICATION OF AUTHORITIES ON after such effective date. COURTS-MARTIAL BY INDEPENDENT certain expiring provisions and make SEC. 598. MODIFICATION OF OFFICERS AUTHOR- PANEL ON REVIEW AND ASSESS- technical corrections, to amend the In- IZED TO CONVENE GENERAL AND MENT OF PROCEEDINGS UNDER THE ternal Revenue Code of 1986 to provide SPECIAL COURTS-MARTIAL. UNIFORM CODE OF MILITARY JUS- TICE. for the tax treatment of ABLE ac- (a) IN GENERAL.—Subsection (a) of section counts established under State pro- 822 of title 10, United States Code (article 22 Section 576(d)(2) of the National Defense of the Uniform Code of Military Justice), is Authorization Act for Fiscal Year 2013 (Pub- grams for the care of family members amended— lic Law 112–239; 126 Stat. 1762) is amended— with disabilities, and for other pur- (1) by redesignating paragraphs (8) and (9) (1) by redesignating subparagraph (J) as poses; which was ordered to lie on the as paragraphs (9) and (10), respectively; and subparagraph (K); and table; as follows: (2) by inserting after subparagraph (I) the (2) by inserting after paragraph (7) the fol- On page 6, between lines 4 and 5, insert the following new subparagraph (J): lowing new paragraph (8): following: ‘‘(8) the officers in the offices established ‘‘(J) Monitor and assess the implementa- pursuant to section 598(c) of the Military tion and efficacy of sections 597 through 599 SEC. 101. EXTENSION OF HEALTH CARE TAX CREDIT. Justice Improvement Act of 2014 or officers of the Military Justice Improvement Act of (a) IN GENERAL.—Subparagraph (B) of sec- in the grade of O–6 or higher who are as- 2014, and the amendments made by such sec- tion 35(b)(1) is amended by striking ‘‘Janu- signed such responsibility by the Chief of tions.’’. ary 1, 2014’’ and inserting ‘‘January 1, 2016’’. Staff of the Army, the Chief of Naval Oper- SEC. 599B. EXPLICIT CODIFICATION OF RETALIA- ations, the Chief of Staff of the Air Force, TION FOR REPORTING A CRIME AS (b) EFFECTIVE DATE.—The amendment the Commandant of the Marine Corps, or the AN OFFENSE UNDER THE UNIFORM made by this section shall apply to coverage CODE OF MILITARY JUSTICE. Commandant of the Coast Guard, but only months beginning after December 31, 2013. (a) IN GENERAL.—Section 893 of title 10, with respect to offenses to which section United States Code (article 93 of the Uniform 597(a)(1) of the Military Justice Improve- SA 3981. Mr. BEGICH proposed an Code of Military Justice), is amended by in- ment Act of 2014 applies;’’. amendment to the bill S. 1474, to serting ‘‘, or retaliating against any person (b) NO EXERCISE BY OFFICERS IN CHAIN OF amend the Violence Against Women COMMAND OF ACCUSED OR VICTIM.—Such sec- subject to his order for reporting a criminal offense,’’ after ‘‘any person subject to his or- Reauthorization Act of 2013 to repeal a tion (article) is further amended by adding special rule for the State of Alaska, at the end the following new subsection: ders’’. ‘‘(c) An officer specified in subsection (a)(8) (b) CONFORMING AMENDMENTS.— and for other purposes; as follows: may not convene a court-martial under this (1) SECTION (ARTICLE) HEADING.—The head- Strike all after the enacting clause and in- section if the officer is in the chain of com- ing of such section (article) is amended to sert the following: mand of the accused or the victim.’’. read as follows: SECTION 1. REPEAL OF SPECIAL RULE FOR (c) OFFICES OF CHIEFS OF STAFF ON COURTS- ‘‘§ 893. Art. 93. Cruelty and maltreatment; re- STATE OF ALASKA. MARTIAL.— taliation for reporting a crime’’. Section 910 of the Violence Against Women (1) OFFICES REQUIRED.—Each Chief of Staff (2) TABLE OF SECTIONS (ARTICLES).—The Reauthorization Act of 2013 (18 U.S.C. 2265 of the Armed Forces or Commandant speci- table of sections at the beginning of sub- note; Public Law 113–4) is repealed. fied in paragraph (8) of section 822(a) of title chapter X of chapter 47 of such title is 10, United States Code (article 22(a) of the amended by striking the item relating to SA 3982. Mr. BEGICH proposed an Uniform Code of Military Justice), as amend- section 893 (article 93) and inserting the fol- amendment to the bill S. 1474, to ed by subsection (a), shall establish an office lowing new item: to do the following: amend the Violence Against Women ‘‘893. Art. 93. Cruelty and maltreatment; re- (A) To convene general and special courts- Reauthorization Act of 2013 to repeal a taliation for reporting a martial under sections 822 and 823 of title 10, special rule for the State of Alaska, crime.’’. United States Code (articles 22 and 23 of the and for other purposes; as follows: (c) REPEAL OF SUPERSEDED PROHIBITION.— Uniform Code of Military Justice), pursuant Amend the title so as to read: ‘‘A bill to to paragraph (8) of section 822(a) of title 10, Section 1709 of the National Defense Author- ization Act for Fiscal Year 2014 (Public Law amend the Violence Against Women Reau- United States Code (article 22(a) of the Uni- thorization Act of 2013 to repeal a special form Code of Military Justice), as so amend- 113–66; 127 Stat. 962; 10 U.S.C. 113 note) is re- pealed. rule for the State of Alaska, and for other ed, with respect to offenses to which section purposes.’’. 592(a)(1) applies. SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A SEPARATE OFFENCE (B) To detail under section 825 of title 10, SA 3983. Mrs. GILLIBRAND sub- United States Code (article 25 of the Uniform UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Code of Military Justice), members of mitted an amendment intended to be (a) PUNITIVE ARTICLE.—Subchapter X of courts-martial convened as described in sub- proposed by her to the bill H.R. 3979, to chapter 47 of title 10, United States Code (the paragraph (A). amend the Internal Revenue Code of Uniform Code of Military Justice), is amend- (2) PERSONNEL.—The personnel of each of- 1986 to ensure that emergency services ed by inserting after section 907 (article 107) fice established under paragraph (1) shall volunteers are not taken into account the following new section (article): consist of such members of the Armed Forces as employees under the shared respon- and civilian personnel of the Department of ‘‘§ 907a. Art. 107a. Obstruction of justice sibility requirements contained in the Defense, or such members of the Coast Guard ‘‘Any person subject to this chapter who Patient Protection and Affordable Care or civilian personnel of the Department of wrongfully does a certain act with the intent Homeland Security, as may be detailed or as- to influence, impede, or otherwise obstruct Act; which was ordered to lie on the signed to the office by the Chief of Staff or the due administration of justice shall be table; as follows: Commandant concerned. The members and punished as a court-martial may direct. ex- At the end of title V, add the following:

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.017 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6455 Subtitle J—Uniform Code of Military Justice ishable under section 881 of title 10, United procedures as necessary to comply with this Reform States Code (article 81 of the Uniform Code subsection. SEC. 596. SHORT TITLE. of Military Justice). (B) UNIFORMITY.—The General Counsel of This subtitle may be cited as the ‘‘Military (D) A solicitation to commit an offense the Department of Defense and the General Justice Improvement Act of 2014’’. specified in subparagraph (A) or (B) as pun- Counsel of the Department of Homeland Se- SEC. 597. MODIFICATION OF AUTHORITY TO DE- ishable under section 882 of title 10, United curity shall jointly review the policies and TERMINE TO PROCEED TO TRIAL BY States Code (article 82 of the Uniform Code procedures revised under this paragraph in COURT-MARTIAL ON CHARGES ON of Military Justice). order to ensure that any lack of uniformity CERTAIN OFFENSES WITH AUTHOR- (E) An attempt to commit an offense speci- in policies and procedures, as so revised, IZED MAXIMUM SENTENCE OF CON- fied in subparagraph (A) through (D) as pun- among the military departments and the De- FINEMENT OF MORE THAN ONE partment of Homeland Security does not YEAR. ishable under section 880 of title 10, United render unconstitutional any policy or proce- (a) MODIFICATION OF AUTHORITY.— States Code (article 80 of the Uniform Code dure, as so revised. (1) IN GENERAL.— of Military Justice). (7) MANUAL FOR COURTS-MARTIAL.—The Sec- (A) MILITARY DEPARTMENTS.—With respect (4) REQUIREMENTS AND LIMITATIONS.—The retary of Defense shall recommend such to charges under chapter 47 of title 10, disposition of charges pursuant to paragraph changes to the Manual for Courts-Martial as United States Code (the Uniform Code of (1) shall be subject to the following: are necessary to ensure compliance with this Military Justice), that allege an offense (A) The determination whether to try such subsection. specified in paragraph (2) and not excluded charges by court-martial shall be made by a (b) EFFECTIVE DATE AND APPLICABILITY.— commissioned officer of the Armed Forces under paragraph (3), the Secretary of Defense Subsection (a), and the revisions required by shall require the Secretaries of the military designated in accordance with regulations that subsection, shall take effect on the date departments to provide for the determina- prescribed for purposes of this subsection that is 180 days after the date of the enact- tion under section 830(b) of such chapter (ar- from among commissioned officers of the ment of this Act, and shall apply with re- ticle 30(b) of the Uniform Code of Military Armed Forces in grade O–6 or higher who— spect to charges preferred under section 830 Justice) on whether to try such charges by (i) are available for detail as trial counsel of title 10, United States Code (article 30 of court-martial as provided in paragraph (4). under section 827 of title 10, United States the Uniform Code of Military Justice), on or (B) HOMELAND SECURITY.—With respect to Code (article 27 of the Uniform Code of Mili- after such effective date. charges under chapter 47 of title 10, United tary Justice); SEC. 598. MODIFICATION OF OFFICERS AUTHOR- States Code (the Uniform Code of Military (ii) have significant experience in trials by IZED TO CONVENE GENERAL AND Justice), that allege an offense specified in general or special court-martial; and SPECIAL COURTS-MARTIAL. paragraph (2) and not excluded under para- (iii) are outside the chain of command of (a) IN GENERAL.—Subsection (a) of section graph (3) against a member of the Coast the member subject to such charges. 822 of title 10, United States Code (article 22 Guard (when it is not operating as a service (B) Upon a determination under subpara- of the Uniform Code of Military Justice), is in the Navy), the Secretary of Homeland Se- graph (A) to try such charges by court-mar- amended— curity shall provide for the determination tial, the officer making that determination (1) by redesignating paragraphs (8) and (9) under section 830(b) of such chapter (article shall determine whether to try such charges as paragraphs (9) and (10), respectively; and 30(b) of the Uniform Code of Military Jus- by a general court-martial convened under (2) by inserting after paragraph (7) the fol- tice) on whether to try such charges by section 822 of title 10, United States Code lowing new paragraph (8): court-martial as provided in paragraph (4). (article 22 of the Uniform Code of Military ‘‘(8) the officers in the offices established (2) COVERED OFFENSES.—An offense speci- Justice), or a special court-martial convened pursuant to section 598(c) of the Military fied in this paragraph is an offense as fol- under section 823 of title 10, United States Justice Improvement Act of 2014 or officers lows: Code (article 23 of the Uniform Code of Mili- in the grade of O–6 or higher who are as- (A) An offense under chapter 47 of title 10, tary Justice). signed such responsibility by the Chief of United States Code (the Uniform Code of (C) A determination under subparagraph Staff of the Army, the Chief of Naval Oper- Military Justice), that is triable by court- (A) to try charges by court-martial shall in- ations, the Chief of Staff of the Air Force, martial under that chapter for which the clude a determination to try all known of- the Commandant of the Marine Corps, or the maximum punishment authorized under that fenses, including lesser included offenses. Commandant of the Coast Guard, but only chapter includes confinement for more than (D) The determination to try such charges with respect to offenses to which section one year. by court-martial under subparagraph (A), 597(a)(1) of the Military Justice Improve- (B) An offense of retaliation for reporting a and by type of court-martial under subpara- ment Act of 2014 applies;’’. crime under section 893 of title 10, United graph (B), shall be binding on any applicable (b) NO EXERCISE BY OFFICERS IN CHAIN OF States Code (article 93 of the Uniform Code convening authority for a trial by court- COMMAND OF ACCUSED OR VICTIM.—Such sec- of Military Justice), as amended by section martial on such charges. tion (article) is further amended by adding at the end the following new subsection: 599B of this Act, regardless of the maximum (E) The actions of an officer described in ‘‘(c) An officer specified in subsection (a)(8) punishment authorized under that chapter subparagraph (A) in determining under that may not convene a court-martial under this for such offense. subparagraph whether or not to try charges section if the officer is in the chain of com- (C) An offense under section 907a of title 10, by court-martial shall be free of unlawful or mand of the accused or the victim.’’. United States Code (article 107a of the Uni- unauthorized influence or coercion. (c) OFFICES OF CHIEFS OF STAFF ON COURTS- form Code of Military Justice), as added by (F) The determination under subparagraph MARTIAL.— section 599C of this Act, regardless of the (A) not to proceed to trial of such charges by (1) OFFICES REQUIRED.—Each Chief of Staff maximum punishment authorized under that general or special court-martial shall not op- of the Armed Forces or Commandant speci- chapter for such offense. erate to terminate or otherwise alter the au- fied in paragraph (8) of section 822(a) of title (D) A conspiracy to commit an offense thority of commanding officers to refer such 10, United States Code (article 22(a) of the specified in subparagraph (A) through (C) as charges for trial by summary court-martial Uniform Code of Military Justice), as amend- punishable under section 881 of title 10, convened under section 824 of title 10, United ed by subsection (a), shall establish an office United States Code (article 81 of the Uniform States Code (article 24 of the Uniform Code to do the following: Code of Military Justice). of Military Justice), or to impose non-judi- (A) To convene general and special courts- (E) A solicitation to commit an offense cial punishment in connection with the con- martial under sections 822 and 823 of title 10, specified in subparagraph (A) through (C) as duct covered by such charges as authorized United States Code (articles 22 and 23 of the punishable under section 882 of title 10, by section 815 of title 10, United States Code Uniform Code of Military Justice), pursuant United States Code (article 82 of the Uniform (article 15 of the Uniform Code of Military to paragraph (8) of section 822(a) of title 10, Code of Military Justice). Justice). United States Code (article 22(a) of the Uni- (F) An attempt to commit an offense speci- (5) CONSTRUCTION WITH CHARGES ON OTHER form Code of Military Justice), as so amend- fied in subparagraphs (A) through (E) as pun- OFFENSES.—Nothing in this subsection shall ed, with respect to offenses to which section ishable under section 880 of title 10, United be construed to alter or affect the disposi- 592(a)(1) applies. States Code (article 80 of the Uniform Code tion of charges under chapter 47 of title 10, (B) To detail under section 825 of title 10, of Military Justice). United States Code (the Uniform Code of United States Code (article 25 of the Uniform (3) EXCLUDED OFFENSES.—Paragraph (1) Military Justice), that allege an offense tri- Code of Military Justice), members of does not apply to an offense as follows: able by court-martial under that chapter for courts-martial convened as described in sub- (A) An offense under sections 883 through which the maximum punishment authorized paragraph (A). 917 of title 10, United States Code (articles 83 under that chapter includes confinement for (2) PERSONNEL.—The personnel of each of- through 117 of the Uniform Code of Military one year or less. fice established under paragraph (1) shall Justice). (6) POLICIES AND PROCEDURES.— consist of such members of the Armed Forces (B) An offense under section 933 or 934 of (A) IN GENERAL.—The Secretaries of the and civilian personnel of the Department of title 10, United States Code (articles 133 and military departments and the Secretary of Defense, or such members of the Coast Guard 134 of the Uniform Code of Military Justice). Homeland Security (with respect to the or civilian personnel of the Department of (C) A conspiracy to commit an offense Coast Guard when it is not operating as a Homeland Security, as may be detailed or as- specified in subparagraph (A) or (B) as pun- service in the Navy) shall revise policies and signed to the office by the Chief of Staff or

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.028 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6456 CONGRESSIONAL RECORD — SENATE December 9, 2014 Commandant concerned. The members and punished as a court-martial may direct. ex- SA 3989. Mr. LEE submitted an personnel so detailed or assigned, as the case cept that the maximum punishment author- amendment intended to be proposed by may be, shall be detailed or assigned from ized for such offense may not exceed dishon- him to the bill H.R. 3979, to amend the personnel billets in existence on the date of orable discharge, forfeiture of all pay and al- Internal Revenue Code of 1986 to ensure the enactment of this Act. lowances, and confinement for not more than that emergency services volunteers are SEC. 599. DISCHARGE USING OTHERWISE AU- five years.’’. THORIZED PERSONNEL AND RE- (b) CLERICAL AMENDMENT.—The table of not taken into account as employees SOURCES. sections at the beginning of subchapter X of under the shared responsibility re- (a) IN GENERAL.—The Secretaries of the chapter 47 of such title, as amended by sec- quirements contained in the Patient military departments and the Secretary of tion 599B(b)(2) of this Act, is further amend- Protection and Affordable Care Act; Homeland Security (with respect to the ed by inserting after the item relating to which was ordered to lie on the table; Coast Guard when it is not operating as a section 907 (article 107) the following new as follows: service in the Navy) shall carry out sections item: Strike section 1209. 597 and 598 (and the amendments made by ‘‘907a. Art. 107a. Obstruction of justice.’’. section 598) using personnel, funds, and re- Mr. LEE submitted an sources otherwise authorized by law. SA 3990. SA 3984. Mr. REID proposed an amendment intended to be proposed by (b) NO AUTHORIZATION OF ADDITIONAL PER- amendment to the bill H.R. 3979, to SONNEL OR RESOURCES.—Sections 597 and 598 him to the bill H.R. 3979, to amend the (and the amendments made by section 598) amend the Internal Revenue Code of Internal Revenue Code of 1986 to ensure shall not be construed as authorizations for 1986 to ensure that emergency services that emergency services volunteers are personnel, personnel billets, or funds for the volunteers are not taken into account not taken into account as employees discharge of the requirements in such sec- as employees under the shared respon- under the shared responsibility re- tions. sibility requirements contained in the quirements contained in the Patient SEC. 599A. MONITORING AND ASSESSMENT OF Patient Protection and Affordable Care Protection and Affordable Care Act; MODIFICATION OF AUTHORITIES ON Act; as follows: COURTS-MARTIAL BY INDEPENDENT which was ordered to lie on the table; PANEL ON REVIEW AND ASSESS- At the end, add the following: as follows: MENT OF PROCEEDINGS UNDER THE This Act shall become effective 1 day after At the end of subtitle G of title X, add the UNIFORM CODE OF MILITARY JUS- enactment. following: TICE. Section 576(d)(2) of the National Defense SEC. 1080. REPORT ON UNITED STATES CON- SA 3985. Mr. REID proposed an TRIBUTIONS TO THE UNITED NA- Authorization Act for Fiscal Year 2013 (Pub- amendment to amendment SA 3984 pro- TIONS. lic Law 112–239; 126 Stat. 1762) is amended— posed by Mr. REID to the bill H.R. 3979, (a) IN GENERAL.—Not later than 90 days (1) by redesignating subparagraph (J) as to amend the Internal Revenue Code of after the date of the enactment of this Act, subparagraph (K); and and annually thereafter, the Director of the (2) by inserting after subparagraph (I) the 1986 to ensure that emergency services volunteers are not taken into account Office of Management and Budget shall sub- following new subparagraph (J): mit to Congress a report on all assessed and ‘‘(J) Monitor and assess the implementa- as employees under the shared respon- voluntary contributions, including in-kind, tion and efficacy of sections 597 through 599 sibility requirements contained in the of the United States Government to the of the Military Justice Improvement Act of Patient Protection and Affordable Care United Nations and its affiliated agencies 2014, and the amendments made by such sec- Act; as follows: and related bodies during the previous fiscal tions.’’. In the amendment, strike ‘‘1 day’’ and in- year. SEC. 599B. EXPLICIT CODIFICATION OF RETALIA- sert ‘‘2 days’’. (b) CONTENT.—The report required under TION FOR REPORTING A CRIME AS subsection (a) shall include the following ele- AN OFFENSE UNDER THE UNIFORM ments: CODE OF MILITARY JUSTICE. SA 3986. Mr. REID proposed an (1) The total amount of all assessed and (a) IN GENERAL.—Section 893 of title 10, amendment to the bill H.R. 3979, to voluntary contributions, including in-kind, United States Code (article 93 of the Uniform amend the Internal Revenue Code of of the United States Government to the Code of Military Justice), is amended by in- 1986 to ensure that emergency services United Nations and United Nations affiliated serting ‘‘, or retaliating against any person volunteers are not taken into account agencies and related bodies. subject to his orders for reporting a criminal as employees under the shared respon- (2) The approximate percentage of United offense,’’ after ‘‘any person subject to his or- States Government contributions to each ders’’. sibility requirements contained in the United Nations affiliated agency or body in (b) CONFORMING AMENDMENTS.— Patient Protection and Affordable Care such fiscal year when compared with all con- (1) SECTION (ARTICLE) HEADING.—The head- Act; as follows: tributions to such agency or body from any ing of such section (article) is amended to At the end, add the following: source in such fiscal year. read as follows: This Act shall become effective 3 days (3) For each such contribution— ‘‘§ 893. Art. 93. Cruelty and maltreatment; re- after enactment. (A) the amount of the contribution; taliation for reporting a crime’’. (B) a description of the contribution (in- (2) TABLE OF SECTIONS (ARTICLES).—The SA 3987. Mr. REID proposed an cluding whether assessed or voluntary); table of sections at the beginning of sub- amendment to amendment SA 3986 pro- (C) the department or agency of the United chapter X of chapter 47 of such title is posed by Mr. REID to the bill H.R. 3979, States Government responsible for the con- amended by striking the item relating to to amend the Internal Revenue Code of tribution; section 893 (article 93) and inserting the fol- 1986 to ensure that emergency services (D) the purpose of the contribution; and lowing new item: volunteers are not taken into account (E) the United Nations or United Nations ‘‘893. Art. 93. Cruelty and maltreatment; re- as employees under the shared respon- affiliated agency or related body receiving the contribution. taliation for reporting a sibility requirements contained in the crime.’’. (c) SCOPE OF INITIAL REPORT.—The first re- Patient Protection and Affordable Care port required under subsection (a) shall in- (c) REPEAL OF SUPERSEDED PROHIBITION.— Act; as follows: Section 1709 of the National Defense Author- clude the information required under this ization Act for Fiscal Year 2014 (Public Law In the amendment, strike ‘‘3 days’’ and in- section for the previous four fiscal years. (d) PUBLIC AVAILABILITY OF INFORMATION.— 113–66; 127 Stat. 962; 10 U.S.C. 113 note) is re- sert ‘‘4 days’’. Not later than 14 days after submitting a re- pealed. SA 3988. Mr. REID proposed an port required under subsection (a), the Direc- SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF tor of the Office of Management and Budget JUSTICE AS A SEPARATE OFFENCE amendment to amendment SA 3987 pro- shall post a public version of the report on a UNDER THE UNIFORM CODE OF posed by Mr. REID to the amendment MILITARY JUSTICE. text-based, searchable, and publicly avail- SA 3986 proposed by Mr. REID to the able Internet website. (a) PUNITIVE ARTICLE.—Subchapter X of bill H.R. 3979, to amend the Internal chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amend- Revenue Code of 1986 to ensure that SA 3991. Mr. LEE submitted an ed by inserting after section 907 (article 107) emergency services volunteers are not amendment intended to be proposed by the following new section (article): taken into account as employees under him to the bill H.R. 3979, to amend the ‘‘§ 907a. Art. 107a. Obstruction of justice the shared responsibility requirements Internal Revenue Code of 1986 to ensure ‘‘Any person subject to this chapter who contained in the Patient Protection that emergency services volunteers are wrongfully does a certain act with the intent and Affordable Care Act; as follows: not taken into account as employees to influence, impede, or otherwise obstruct In the amendment, strike ‘‘4’’ and insert under the shared responsibility re- the due administration of justice shall be ‘‘5’’. quirements contained in the Patient

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.028 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6457 Protection and Affordable Care Act; SA 3995. Mr. SCHATZ (for Mrs. FEIN- Sec. 325. Report on political prison camps in which was ordered to lie on the table; STEIN) proposed an amendment to the North Korea. as follows: bill H.R. 4681, to authorize appropria- Sec. 326. Assessment of security of domestic oil refineries and related rail At the end of section 1535, add the fol- tions for fiscal years 2014 and 2015 for transportation infrastructure. lowing: intelligence and intelligence-related Sec. 327. Enhanced contractor level assess- (f) LIMITATION ON USE OF CERTAIN FUNDS activities of the United States Govern- PENDING CERTIFICATION ON DEFENSE BUDGETS ments for the intelligence com- ment, the Community Management Ac- OF NATO EUROPEAN ALLIES.—Funds avail- munity. able for the European Reassurance Initia- count, and the Central Intelligence Sec. 328. Assessment of the efficacy of tive, other than funds covered by subsection Agency Retirement and Disability Sys- memoranda of understanding to (b)(1), may not be used for purposes described tem, and for other purposes; as follows: facilitate intelligence-sharing. Sec. 329. Report on foreign man-made elec- in subsection (a) unless, not later than 10 Strike all after the enacting clause and in- tromagnetic pulse weapons. days before the commencement of the ex- sert the following: penditure of such funds for such purposes, Sec. 330. Report on United States counter- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the President certifies to Congress in writing terrorism strategy to disrupt, that the North Atlantic Treaty Organization (a) SHORT TITLE.—This Act may be cited as dismantle, and defeat al-Qaeda (NATO) allies in Europe are— the ‘‘Intelligence Authorization Act for Fis- and its affiliated or associated (1) appropriately prioritizing current de- cal Year 2015’’. groups. fense resources towards deterring aggression (b) TABLE OF CONTENTS.—The table of con- Sec. 331. Feasibility study on retraining vet- by the Russian Federation; and tents for this Act is as follows: erans in cybersecurity. (2) taking steps— Sec. 1. Short title; table of contents. SEC. 2. DEFINITIONS. (A) to reverse declining defense spending, Sec. 2. Definitions. In this Act: as most recently agreed to in the Wales Sec. 3. Budgetary effects. (1) CONGRESSIONAL INTELLIGENCE COMMIT- Summit Declaration issued on September 5, TITLE I—INTELLIGENCE ACTIVITIES TEES.—The term ‘‘congressional intelligence 2014; and Sec. 101. Authorization of appropriations. committees’’ means— (B) to increase defense spending towards Sec. 102. Classified Schedule of Authoriza- (A) the Select Committee on Intelligence the goal of defense spending in an amount tions. of the Senate; and equal to two-percent of gross domestic prod- Sec. 103. Personnel ceiling adjustments. (B) the Permanent Select Committee on uct (GDP). Sec. 104. Intelligence Community Manage- Intelligence of the House of Representatives. ment Account. (2) INTELLIGENCE COMMUNITY.—The term SA 3992. Mr. CRUZ submitted an ‘‘intelligence community’’ has the meaning TITLE II—CENTRAL INTELLIGENCE amendment intended to be proposed by given that term in section 3(4) of the Na- AGENCY RETIREMENT AND DIS- him to the bill H.R. 3979, to amend the tional Security Act of 1947 (50 U.S.C. 3003(4)). ABILITY SYSTEM Internal Revenue Code of 1986 to ensure SEC. 3. BUDGETARY EFFECTS. Sec. 201. Authorization of appropriations. that emergency services volunteers are The budgetary effects of this Act, for the not taken into account as employees TITLE III—GENERAL PROVISIONS purpose of complying with the Statutory under the shared responsibility re- Subtitle A—General Matters Pay-As-You-Go-Act of 2010, shall be deter- quirements contained in the Patient Sec. 301. Increase in employee compensation mined by reference to the latest statement Protection and Affordable Care Act; and benefits authorized by law. titled ‘‘Budgetary Effects of PAYGO Legisla- which was ordered to lie on the table; Sec. 302. Restriction on conduct of intel- tion’’ for this Act, submitted for printing in the Congressional Record by the Chairman of as follows: ligence activities. Sec. 303. National intelligence strategy. the Senate Budget Committee, provided that Strike title XXX. Sec. 304. Software licensing. such statement has been submitted prior to the vote on passage. SA 3993. Mr. SCHATZ (for Mr. COONS) Sec. 305. Reporting of certain employment proposed an amendment to the resolu- activities by former intel- TITLE I—INTELLIGENCE ACTIVITIES ligence officers and employees. tion S. Res. 413, recognizing 20 years SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 306. Inclusion of Predominantly Black Funds are hereby authorized to be appro- since the genocide in Rwanda, and af- Institutions in intelligence offi- firming it is in the national interest of priated for fiscal year 2015 for the conduct of cer training program. the intelligence and intelligence-related ac- the United States to work in close co- Sec. 307. Management and oversight of fi- tivities of the following elements of the ordination with international partners nancial intelligence. United States Government: to help prevent and mitigate acts of Sec. 308. Analysis of private sector policies (1) The Office of the Director of National genocide and mass atrocities; as fol- and procedures for countering Intelligence. lows: insider threats. (2) The Central Intelligence Agency. Sec. 309. Procedures for the retention of in- On page 6, beginning on line 14, strike (3) The Department of Defense. cidentally acquired commu- ‘‘events; and’’ and all that follows through (4) The Defense Intelligence Agency. nications. ‘‘(8) supports’’ on line 15 and insert the fol- (5) The National Security Agency. Sec. 310. Clarification of limitation of re- lowing: ‘‘events; (6) The Department of the Army, the De- view to retaliatory security (8) clarifies that nothing in this resolution partment of the Navy, and the Department clearance or access determina- shall be construed as an authorization for of the Air Force. tions. the use of force or a declaration of war; and (7) The Coast Guard. Sec. 311. Feasibility study on consolidating (9) supports (8) The Department of State. classified databases of cyber (9) The Department of the Treasury. SA 3994. Mr. SCHATZ (for Mr. COONS) threat indicators and malware (10) The Department of Energy. proposed an amendment to the resolu- samples. (11) The Department of Justice. Sec. 312. Sense of Congress on cybersecurity (12) The Federal Bureau of Investigation. tion S. Res. 413, recognizing 20 years threat and cybercrime coopera- since the genocide in Rwanda, and af- (13) The Drug Enforcement Administra- tion with Ukraine. tion. firming it is in the national interest of Sec. 313. Replacement of locally employed the United States to work in close co- (14) The National Reconnaissance Office. staff serving at United States (15) The National Geospatial-Intelligence ordination with international partners diplomatic facilities in the Rus- Agency. to help prevent and mitigate acts of sian Federation. (16) The Department of Homeland Secu- genocide and mass atrocities; as fol- Sec. 314. Inclusion of Sensitive Compart- rity. lows: mented Information Facilities in United States diplomatic fa- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- Amend the twelfth whereas clause of the TIONS. cilities in the Russian Federa- preamble to read as follows: (a) SPECIFICATIONS OF AMOUNTS AND PER- tion and adjacent countries. Whereas, in September 2005, the United SONNEL LEVELS.—The amounts authorized to States joined other members of the United Subtitle B—Reporting be appropriated under section 101 and, sub- Nations in adopting United Nations General Sec. 321. Report on declassification process. ject to section 103, the authorized personnel Assembly Resolution 60/1, which affirmed Sec. 322. Report on intelligence community ceilings as of September 30, 2015, for the con- that the international community has a re- efficient spending targets. duct of the intelligence activities of the ele- sponsibility to use appropriate diplomatic, Sec. 323. Annual report on violations of law ments listed in paragraphs (1) through (16) of humanitarian and other peaceful means to or executive order. section 101, are those specified in the classi- help protect populations from genocide, war Sec. 324. Annual report on intelligence ac- fied Schedule of Authorizations prepared to crimes, ethnic cleansing, and crimes against tivities of the Department of accompany the bill H.R. 4681 of the One Hun- humanity; Homeland Security. dred Thirteenth Congress.

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(b) AVAILABILITY OF CLASSIFIED SCHEDULE authorized to be appropriated for the Com- ‘‘(6) outline the organizational roles and OF AUTHORIZATIONS.— munity Management Account for fiscal year missions of the elements of the intelligence (1) AVAILABILITY.—The classified Schedule 2015 such additional amounts as are specified community as part of an integrated enter- of Authorizations referred to in subsection in the classified Schedule of Authorizations prise to meet customer demands for intel- (a) shall be made available to the Committee referred to in section 102(a). Such additional ligence products, services, and support; on Appropriations of the Senate, the Com- amounts for advanced research and develop- ‘‘(7) identify sources of strategic, institu- mittee on Appropriations of the House of ment shall remain available until September tional, programmatic, fiscal, and techno- Representatives, and to the President. 30, 2016. logical risk; and (2) DISTRIBUTION BY THE PRESIDENT.—Sub- (2) AUTHORIZATION OF PERSONNEL.—In addi- ‘‘(8) analyze factors that may affect the in- ject to paragraph (3), the President shall pro- tion to the personnel authorized by sub- telligence community’s performance in pur- vide for suitable distribution of the classified section (b) for elements of the Intelligence suing the major national security missions Schedule of Authorizations, or of appropriate Community Management Account as of Sep- identified in paragraph (3) during the fol- portions of the Schedule, within the execu- tember 30, 2015, there are authorized such ad- lowing 10-year period. tive branch. ditional personnel for the Community Man- ‘‘(c) SUBMISSION TO CONGRESS.—The Direc- (3) LIMITS ON DISCLOSURE.—The President agement Account as of that date as are spec- tor of National Intelligence shall submit to shall not publicly disclose the classified ified in the classified Schedule of Authoriza- the congressional intelligence committees a Schedule of Authorizations or any portion of tions referred to in section 102(a). report on each national intelligence strategy such Schedule except— TITLE II—CENTRAL INTELLIGENCE AGEN- required by subsection (a) not later than 45 (A) as provided in section 601(a) of the Im- CY RETIREMENT AND DISABILITY SYS- days after the date of the completion of such plementing Recommendations of the 9/11 TEM strategy.’’. Commission Act of 2007 (50 U.S.C. 3306(a)); (b) TABLE OF CONTENTS AMENDMENTS.—The SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (B) to the extent necessary to implement table of contents in the first section of the There is authorized to be appropriated for the budget; or National Security Act of 1947 is amended by the Central Intelligence Agency Retirement (C) as otherwise required by law. inserting after the item relating to section and Disability Fund for fiscal year 2015 the 108 the following new item: SEC. 103. PERSONNEL CEILING ADJUSTMENTS. sum of $514,000,000. (a) AUTHORITY FOR INCREASES.—The Direc- ‘‘Sec. 108A. National intelligence strategy.’’. TITLE III—GENERAL PROVISIONS tor of National Intelligence may authorize SEC. 304. SOFTWARE LICENSING. Subtitle A—General Matters employment of civilian personnel in excess Section 109 of the National Security Act of of the number authorized for fiscal year 2015 SEC. 301. INCREASE IN EMPLOYEE COMPENSA- 1947 (50 U.S.C. 3044) is amended— by the classified Schedule of Authorizations TION AND BENEFITS AUTHORIZED (1) in subsection (a)(2), by striking ‘‘usage; BY LAW. referred to in section 102(a) if the Director of and’’ and inserting ‘‘usage, including— Appropriations authorized by this Act for National Intelligence determines that such ‘‘(A) increasing the centralization of the salary, pay, retirement, and other benefits action is necessary to the performance of im- management of software licenses; for Federal employees may be increased by portant intelligence functions, except that ‘‘(B) increasing the regular tracking and such additional or supplemental amounts as the number of personnel employed in excess maintaining of comprehensive inventories of may be necessary for increases in such com- of the number authorized under such section software licenses using automated discovery pensation or benefits authorized by law. may not, for any element of the intelligence and inventory tools and metrics; community, exceed 3 percent of the number SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ‘‘(C) analyzing software license data to in- LIGENCE ACTIVITIES. of civilian personnel authorized under such form investment decisions; and The authorization of appropriations by Schedule for such element. ‘‘(D) providing appropriate personnel with this Act shall not be deemed to constitute (b) TREATMENT OF CERTAIN PERSONNEL.— sufficient software licenses management authority for the conduct of any intelligence The Director of National Intelligence shall training; and’’; activity which is not otherwise authorized establish guidelines that govern, for each (2) in subsection (b)— by the Constitution or the laws of the United element of the intelligence community, the (A) in paragraph (1), by striking ‘‘; and’’ States. treatment under the personnel levels author- and inserting a semicolon; ized under section 102(a), including any ex- SEC. 303. NATIONAL INTELLIGENCE STRATEGY. (B) in paragraph (2), by striking ‘‘usage.’’ emption from such personnel levels, of em- (a) IN GENERAL.—Title I of the National Se- and inserting ‘‘usage, including— ployment or assignment in— curity Act of 1947 (50 U.S.C. 3021 et seq.) is ‘‘(A) increasing the centralization of the (1) a student program, trainee program, or amended by inserting after section 108 the management of software licenses; similar program; following: ‘‘(B) increasing the regular tracking and (2) a reserve corps or as a reemployed an- ‘‘SEC. 108A. NATIONAL INTELLIGENCE STRATEGY. maintaining of comprehensive inventories of nuitant; or ‘‘(a) IN GENERAL.—Beginning in 2017, and software licenses using automated discovery (3) details, joint duty, or long term, full- once every 4 years thereafter, the Director of and inventory tools and metrics; time training. National Intelligence shall develop a com- ‘‘(C) analyzing software license data to in- (c) NOTICE TO CONGRESSIONAL INTELLIGENCE prehensive national intelligence strategy to form investment decisions; and COMMITTEES.—The Director of National In- meet national security objectives for the fol- ‘‘(D) providing appropriate personnel with telligence shall notify the congressional in- lowing 4-year period, or a longer period, if sufficient software licenses management telligence committees in writing at least 15 appropriate. training; and’’; and days prior to each exercise of an authority ‘‘(b) REQUIREMENTS.—Each national intel- (C) by adding at the end the following new described in subsection (a). ligence strategy required by subsection (a) paragraph: SEC. 104. INTELLIGENCE COMMUNITY MANAGE- shall— ‘‘(3) based on the assessment required MENT ACCOUNT. ‘‘(1) delineate a national intelligence strat- under paragraph (2), make such rec- (a) AUTHORIZATION OF APPROPRIATIONS.— egy consistent with— ommendations with respect to software pro- There is authorized to be appropriated for ‘‘(A) the most recent national security curement and usage to the Director of Na- the Intelligence Community Management strategy report submitted pursuant to sec- tional Intelligence as the Chief Information Account of the Director of National Intel- tion 108; Officer considers appropriate.’’; and ligence for fiscal year 2015 the sum of ‘‘(B) the strategic plans of other relevant (3) by adding at the end the following new $507,400,000. Within such amount, funds iden- departments and agencies of the United subsection: tified in the classified Schedule of Author- States; and ‘‘(d) IMPLEMENTATION OF RECOMMENDA- izations referred to in section 102(a) for ad- ‘‘(C) other relevant national-level plans; TIONS.—Not later than 180 days after the date vanced research and development shall re- ‘‘(2) address matters related to national on which the Director of National Intel- main available until September 30, 2016. and military intelligence, including counter- ligence receives recommendations from the (b) AUTHORIZED PERSONNEL LEVELS.—The intelligence; Chief Information Officer of the Intelligence elements within the Intelligence Community ‘‘(3) identify the major national security Community in accordance with subsection Management Account of the Director of Na- missions that the intelligence community is (b)(3), the Director of National Intelligence tional Intelligence are authorized 794 posi- currently pursuing and will pursue in the fu- shall, to the extent practicable, issue guide- tions as of September 30, 2015. Personnel ture to meet the anticipated security envi- lines for the intelligence community on soft- serving in such elements may be permanent ronment; ware procurement and usage based on such employees of the Office of the Director of ‘‘(4) describe how the intelligence commu- recommendations.’’. National Intelligence or personnel detailed nity will utilize personnel, technology, part- SEC. 305. REPORTING OF CERTAIN EMPLOYMENT from other elements of the United States nerships, and other capabilities to pursue the ACTIVITIES BY FORMER INTEL- Government. major national security missions identified LIGENCE OFFICERS AND EMPLOY- (c) CLASSIFIED AUTHORIZATIONS.— in paragraph (3); EES. (1) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(5) assess current, emerging, and future (a) RESTRICTION.—Title III of the National addition to amounts authorized to be appro- threats to the intelligence community, in- Security Act of 1947 (50 U.S.C. 3071 et seq.) is priated for the Intelligence Community Man- cluding threats from foreign intelligence and amended by inserting after section 303 the agement Account by subsection (a), there are security services and insider threats; following new section:

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INCLUSION OF PREDOMINANTLY BLACK NICATIONS. ment of the intelligence community shall INSTITUTIONS IN INTELLIGENCE OF- (a) DEFINITIONS.—In this section: FICER TRAINING PROGRAM. issue regulations requiring each employee of (1) COVERED COMMUNICATION.—The term such element occupying a covered position Section 1024 of the National Security Act ‘‘covered communication’’ means any non- to sign a written agreement requiring the of 1947 (50 U.S.C. 3224) is amended— public telephone or electronic communica- regular reporting of covered employment to (1) in subsection (c)(1), by inserting ‘‘and tion acquired without the consent of a per- the head of such element. Predominantly Black Institutions’’ after son who is a party to the communication, in- ‘‘universities’’; and ‘‘(b) AGREEMENT ELEMENTS.—The regula- cluding communications in electronic stor- (2) in subsection (g)— tions required under subsection (a) shall pro- age. (A) by redesignating paragraph (4) as para- vide that an agreement contain provisions (2) HEAD OF AN ELEMENT OF THE INTEL- graph (5); and requiring each employee occupying a covered LIGENCE COMMUNITY.—The term ‘‘head of an (B) by inserting after paragraph (3) the fol- position to, during the two-year period be- element of the intelligence community’’ lowing new paragraph: ginning on the date on which such employee means, as appropriate— ‘‘(4) PREDOMINANTLY BLACK INSTITUTION.— ceases to occupy such covered position— (A) the head of an element of the intel- The term ‘Predominantly Black Institution’ ‘‘(1) report covered employment to the ligence community; or has the meaning given the term in section head of the element of the intelligence com- (B) the head of the department or agency 318 of the Higher education Act of 1965 (20 munity that employed such employee in containing such element. U.S.C. 1059e).’’. such covered position upon accepting such (3) UNITED STATES PERSON.—The term covered employment; and SEC. 307. MANAGEMENT AND OVERSIGHT OF FI- ‘‘United States person’’ has the meaning NANCIAL INTELLIGENCE. ‘‘(2) annually (or more frequently if the given that term in section 101 of the Foreign (a) REQUIREMENT FOR PLAN.—Not later head of such element considers it appro- Intelligence Surveillance Act of 1978 (50 than 90 days after the date of the enactment priate) report covered employment to the U.S.C. 1801). of this Act, the Director of National Intel- head of such element. (b) PROCEDURES FOR COVERED COMMUNICA- ligence shall prepare a plan for management TIONS.— ‘‘(c) DEFINITIONS.—In this section: of the elements of the intelligence commu- (1) REQUIREMENT TO ADOPT.—Not later than ‘‘(1) COVERED EMPLOYMENT.—The term ‘cov- nity that carry out financial intelligence ac- 2 years after the date of the enactment of ered employment’ means direct employment tivities. this Act each head of an element of the intel- by, representation of, or the provision of ad- (b) CONTENTS OF PLAN.—The plan required vice relating to national security to the gov- by subsection (a) shall establish a govern- ligence community shall adopt procedures ernment of a foreign country or any person ance framework, procedures for sharing and approved by the Attorney General for such whose activities are directly or indirectly harmonizing the acquisition and use of fi- element that ensure compliance with the re- supervised, directed, controlled, financed, or nancial analytic tools, standards for quality quirements of paragraph (3). subsidized, in whole or in major part, by any of analytic products, procedures for over- (2) COORDINATION AND APPROVAL.—The pro- government of a foreign country. sight and evaluation of resource allocations cedures required by paragraph (1) shall be— ‘‘(2) COVERED POSITION.—The term ‘covered associated with the joint development of in- (A) prepared in coordination with the Di- position’ means a position within an element formation sharing efforts and tools, and an rector of National Intelligence; and of the intelligence community that, based on education and training model for elements of (B) approved by the Attorney General prior the level of access of a person occupying the intelligence community that carry out to issuance. such position to information regarding sen- financial intelligence activities. (3) PROCEDURES.— sitive intelligence sources or methods or (c) BRIEFING TO CONGRESS.—Not later than (A) APPLICATION.—The procedures required other exceptionally sensitive matters, the 180 days after the date of the enactment of by paragraph (1) shall apply to any intel- head of such element determines should be this Act, the Director of National Intel- ligence collection activity not otherwise au- subject to the requirements of this section. ligence shall brief the congressional intel- thorized by court order (including an order ‘‘(3) GOVERNMENT OF A FOREIGN COUNTRY.— ligence committees on the actions the Direc- or certification issued by a court established The term ‘government of a foreign country’ tor proposes to implement the plan required under subsection (a) or (b) of section 103 of has the meaning given the term in section by subsection (a). the Foreign Intelligence Surveillance Act of 1(e) of the Foreign Agents Registration Act SEC. 308. ANALYSIS OF PRIVATE SECTOR POLI- 1978 (50 U.S.C. 1803)), subpoena, or similar of 1938 (22 U.S.C. 611(e)).’’. CIES AND PROCEDURES FOR COUN- legal process that is reasonably anticipated TERING INSIDER THREATS. to result in the acquisition of a covered com- (b) REGULATIONS AND CERTIFICATION.— (a) ANALYSIS.—Not later than 180 days munication to or from a United States per- (1) REGULATIONS.—Not later than 90 days after the date of the enactment of this Act, son and shall permit the acquisition, reten- after the date of the enactment of this Act, the Director of National Intelligence, in con- tion, and dissemination of covered commu- the head of each element of the intelligence sultation with the National Counterintel- nications subject to the limitation in sub- community shall issue the regulations re- ligence Executive, shall submit to the con- paragraph (B). quired under section 304 of the National Se- gressional intelligence committees an anal- (B) LIMITATION ON RETENTION.—A covered curity Act of 1947, as added by subsection (a) ysis of private sector policies and procedures communication shall not be retained in ex- of this section. for countering insider threats. cess of 5 years, unless— (2) CERTIFICATION.—Not later than 180 days (b) CONTENT.—The analysis required by (i) the communication has been affirma- after the date of the enactment of this Act, subsection (a) shall include— tively determined, in whole or in part, to the Director of National Intelligence shall (1) a review of whether and how the intel- constitute foreign intelligence or counter- submit to the congressional intelligence ligence community could utilize private sec- intelligence or is necessary to understand or committees— tor hiring and human resources best prac- assess foreign intelligence or counterintel- (A) a certification that each head of an ele- tices to screen, vet, and validate the creden- ligence; ment of the intelligence community has pre- tials, capabilities, and character of appli- (ii) the communication is reasonably be- scribed the regulations required under sec- cants for positions involving trusted access lieved to constitute evidence of a crime and tion 304 of the National Security Act of 1947, to sensitive information; is retained by a law enforcement agency; as added by subsection (a) of this section; or (2) an analysis of private sector policies for (iii) the communication is enciphered or (B) if the Director is unable to submit the holding supervisors and subordinates ac- reasonably believed to have a secret mean- certification described under subparagraph countable for violations of established secu- ing; (A), an explanation as to why the Director is rity protocols and whether the intelligence (iv) all parties to the communication are unable to submit such certification, includ- community should adopt similar policies for reasonably believed to be non-United States ing a designation of which heads of an ele- positions of trusted access to sensitive infor- persons; ment of the intelligence community have mation; (v) retention is necessary to protect prescribed the regulations required under (3) an assessment of the feasibility and ad- against an imminent threat to human life, in such section 304 and which have not. visability of applying mandatory leave poli- which case both the nature of the threat and (c) TABLE OF CONTENTS AMENDMENTS.—The cies, similar to those endorsed by the Fed- the information to be retained shall be re- table of contents in the first section of the eral Deposit Insurance Corporation and the ported to the congressional intelligence com- National Security Act of 1947 is amended— Securities and Exchange Commission to mittees not later than 30 days after the date (1) by striking the second item relating to identify fraud in the financial services indus- such retention is extended under this clause; section 302 (Under Secretaries and Assistant try, to certain positions within the intel- (vi) retention is necessary for technical as- Secretaries) and the items relating to sec- ligence community; and surance or compliance purposes, including a tions 304, 305, and 306; and (4) recommendations for how the intel- court order or discovery obligation, in which (2) by inserting after the item relating to ligence community could utilize private sec- case access to information retained for tech- section 303 the following new item: tor risk indices, such as credit risk scores, to nical assurance or compliance purposes shall

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be reported to the congressional intelligence SEC. 312. SENSE OF CONGRESS ON CYBERSECU- (c) APPROPRIATE CONGRESSIONAL COMMIT- committees on an annual basis; or RITY THREAT AND CYBERCRIME CO- TEES DEFINED.—In this section, the term (vii) retention for a period in excess of 5 OPERATION WITH UKRAINE. ‘‘appropriate congressional committees’’ years is approved by the head of the element It is the sense of Congress that— means— of the intelligence community responsible (1) cooperation between the intelligence (1) the congressional intelligence commit- for such retention, based on a determination and law enforcement agencies of the United tees; that retention is necessary to protect the na- States and Ukraine should be increased to (2) the Committee on Armed Services, the tional security of the United States, in improve cybersecurity policies between Committee on Foreign Relations, and the which case the head of such element shall these two countries; Committee on Appropriations of the Senate; provide to the congressional intelligence (2) the United States should pursue im- and committees a written certification describ- proved extradition procedures among the (3) the Committee on Armed Services, the ing— Governments of the United States, Ukraine, Committee on Foreign Affairs, and the Com- (I) the reasons extended retention is nec- and other countries from which mittee on Appropriations of the House of essary to protect the national security of the cybercriminals target United States citizens Representatives. United States; and entities; (d) RULE OF CONSTRUCTION.—Nothing in (II) the duration for which the head of the (3) the President should— this section shall be construed to infringe on element is authorizing retention; (A) initiate a round of formal United the power of the President, by and with the (III) the particular information to be re- States-Ukraine bilateral talks on cybersecu- advice and consent of the Senate, to appoint tained; and rity threat and cybercrime cooperation, with ambassadors, other public ministers, and (IV) the measures the element of the intel- additional multilateral talks that include consuls.’’ other law enforcement partners such as ligence community is taking to protect the SEC. 314. INCLUSION OF SENSITIVE COMPART- privacy interests of United States persons or Europol and Interpol; and MENTED INFORMATION FACILITIES persons located inside the United States. (B) work to obtain a commitment from the IN UNITED STATES DIPLOMATIC FA- Government of Ukraine to end cybercrime SEC. 310. CLARIFICATION OF LIMITATION OF RE- CILITIES IN THE RUSSIAN FEDERA- VIEW TO RETALIATORY SECURITY directed at persons outside Ukraine and to TION AND ADJACENT COUNTRIES. CLEARANCE OR ACCESS DETER- work with the United States and other allies (a) SENSITIVE COMPARTMENTED INFORMA- MINATIONS. to deter and convict known cybercriminals; TION FACILITY REQUIREMENT.—Each United Section 3001(b)(7) of the Intelligence Re- (4) the President should establish a capac- States diplomatic facility that, after the form and Terrorism Prevention Act of 2004 ity building program with the Government date of the enactment of this Act, is con- (50 U.S.C. 3341(b)(7)) is amended— of Ukraine, which could include— structed in, or undergoes a construction up- (1) in the matter preceding subparagraph (A) a joint effort to improve cyber capacity grade in, the Russian Federation, any coun- (A), by striking ‘‘2014—’’ and inserting ‘‘2014, building, including intelligence and law en- try that shares a land border with the Rus- and consistent with subsection (j)—’’; forcement services in Ukraine; sian Federation, or any country that is a (2) in subparagraph (A), by striking ‘‘to ap- (B) sending United States law enforcement former member of the Soviet Union shall be peal a determination to suspend or revoke a agents to aid law enforcement agencies in constructed to include a Sensitive Compart- security clearance or access to classified in- Ukraine in investigating cybercrimes; and mented Information Facility. formation’’ and inserting ‘‘alleging reprisal (C) agreements to improve communica- (b) NATIONAL SECURITY WAIVER.—The Sec- for having made a protected disclosure (pro- tions networks to enhance law enforcement retary of State may waive the requirement vided the individual does not disclose classi- cooperation, such as a hotline directly con- under subsection (a) if the Secretary deter- fied information or other information con- necting law enforcement agencies in the mines that such waiver is in the national se- trary to law) to appeal any action affecting United States and Ukraine; and curity interest of the United States and sub- an employee’s access to classified informa- (5) the President should establish and mits a written justification to the appro- tion’’; and maintain an intelligence and law enforce- priate congressional committees not later (3) in subparagraph (B), by striking ‘‘infor- ment cooperation scorecard with metrics de- than 180 days before exercising such waiver. mation,’’ inserting ‘‘information following a signed to measure the number of instances (c) APPROPRIATE CONGRESSIONAL COMMIT- protected disclosure,’’. that intelligence and law enforcement agen- TEES DEFINED.—In this section, the term SEC. 311. FEASIBILITY STUDY ON CONSOLI- cies in the United States request assistance ‘‘appropriate congressional committees’’ DATING CLASSIFIED DATABASES OF from intelligence and law enforcement agen- means— CYBER THREAT INDICATORS AND cies in Ukraine and the number and type of (1) the congressional intelligence commit- MALWARE SAMPLES. responses received to such requests. tees; (a) IN GENERAL.—Not later than 180 days SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED (2) the Committee on Armed Services, the after the date of the enactment of this Act, STAFF SERVING AT UNITED STATES Committee on Foreign Relations, and the the Director of National Intelligence, in con- DIPLOMATIC FACILITIES IN THE Committee on Appropriations of the Senate; sultation with the Secretary of Homeland RUSSIAN FEDERATION. and Security, the Director of the National Secu- (a) EMPLOYMENT REQUIREMENT.— (3) the Committee on Armed Services, the rity Agency, the Director of the Central In- (1) IN GENERAL.—The Secretary of State Committee on Foreign Affairs, and the Com- telligence Agency, and the Director of the shall ensure that, not later than one year mittee on Appropriations of the House of Federal Bureau of Investigation, shall con- after the date of the enactment of this Act, Representatives. duct a feasibility study on consolidating every supervisory position at a United classified databases of cyber threat indica- States diplomatic facility in the Russian Subtitle B—Reporting tors and malware samples in the intelligence Federation shall be occupied by a citizen of SEC. 321. REPORT ON DECLASSIFICATION PROC- community. the United States who has passed, and shall ESS. (b) ELEMENTS.—The feasibility study re- be subject to, a thorough background check. Not later than December 31, 2016, the Di- quired by subsection (a) shall include the fol- (2) EXTENSION.—The Secretary of State rector of National Intelligence shall submit lowing: may extend the deadline under paragraph (1) to Congress a report describing— (1) An inventory of classified databases of for up to one year by providing advance writ- (1) proposals to improve the declassifica- cyber threat indicators and malware samples ten notification and justification of such ex- tion process throughout the intelligence in the intelligence community. tension to the appropriate congressional community; and (2) An assessment of actions that could be committees. (2) steps the intelligence community could carried out to consolidate such databases to (3) PROGRESS REPORT.—Not later than 180 take, or legislation that may be necessary, achieve the greatest possible information days after the date of the enactment of this to enable the National Declassification Cen- sharing within the intelligence community Act, the Secretary of State shall submit to ter to better accomplish the missions as- and cost savings for the Federal Govern- the appropriate congressional committees a signed to the Center by Executive Order No. ment. report on progress made toward meeting the 13526 (75 Fed. Reg. 707). (3) An assessment of any impediments to employment requirement under paragraph SEC. 322. REPORT ON INTELLIGENCE COMMU- such consolidation. (1). NITY EFFICIENT SPENDING TAR- (4) An assessment of whether the Intel- (b) PLAN FOR REDUCED USE OF LOCALLY EM- GETS. ligence Community Information Technology PLOYED STAFF.—Not later than 180 days after (a) IN GENERAL.—Not later than April 1, Enterprise can support such consolidation. the date of the enactment of this Act, the 2016, and April 1, 2017, the Director of Na- (c) REPORT TO CONGRESS.—Not later than Secretary of State, in coordination with tional Intelligence shall submit to the con- 30 days after the date on which the Director other appropriate government agencies, gressional intelligence committees a report of National Intelligence completes the feasi- shall submit to the appropriate congres- on the status and effectiveness of efforts to bility study required by subsection (a), the sional committees a plan to further reduce reduce administrative costs for the intel- Director shall submit to the congressional the reliance on locally employed staff in ligence community during the preceding intelligence committees a written report United States diplomatic facilities in the year. that summarizes the feasibility study, in- Russian Federation. The plan shall, at a (b) ELEMENTS.—Each report under sub- cluding the information required under sub- minimum, include cost estimates, timelines, section (a) shall include for each element of section (b). and numbers of employees to be replaced. the intelligence community the following:

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(2) include, with respect to each political (2) A description of the status and effec- prison camp in North Korea to the extent in- (e) RULE OF CONSTRUCTION.—Nothing in tiveness of efforts to limit costs related to this section or the amendments made by this formation is available— hosting and attending conferences. section shall be construed to alter any re- (A) the estimated prisoner population of (3) A description of the status and effec- quirement existing on the date of the enact- each such camp; tiveness of efforts to assess information ment of this Act to submit a report under (B) the geographical coordinates of each technology inventories and usage, and estab- any provision of law. such camp; lish controls, to reduce costs related to un- (C) the reasons for confinement of the pris- SEC. 324. ANNUAL REPORT ON INTELLIGENCE derutilized information technology equip- ACTIVITIES OF THE DEPARTMENT oners at each such camp; ment, software, or services. OF HOMELAND SECURITY. (D) a description of the primary industries (4) A description of the status and effec- (a) IN GENERAL.—For each fiscal year and and products made at each such camp, and tiveness of efforts to limit the publication along with the budget materials submitted the end users of any goods produced in such and printing of hard copy documents. in support of the budget of the Department camp; (5) A description of the status and effec- of Homeland Security pursuant to section (E) information regarding involvement of tiveness of efforts to improve the perform- 1105(a) of title 31, United States Code, the any non-North Korean entity or individual ance of Federal fleet motor vehicles and Under Secretary for Intelligence and Anal- involved in the operations of each such limit executive transportation. ysis of the Department shall submit to the camp, including as an end user or source of (6) A description of the status and effec- congressional intelligence committees a re- any good or products used in, or produced by, tiveness of efforts to limit the purchase of port for such fiscal year on each intelligence in such camp; extraneous promotional items, such as activity of each intelligence component of (F) information identifying individuals and plaques, clothing, and commemorative the Department, as designated by the Under agencies responsible for conditions in each items. Secretary, that includes the following: such camp at all levels of the Government of (7) A description of the status and effec- (1) The amount of funding requested for North Korea; tiveness of efforts to consolidate and stream- each such intelligence activity. (G) a description of the conditions under line workforce training programs to focus on (2) The number of full-time employees which prisoners are confined, with respect to the highest priority workforce and mission funded to perform each such intelligence ac- the adequacy of food, shelter, medical care, needs. tivity. working conditions, and reports of ill-treat- (8) Such other matters relating to efforts (3) The number of full-time contractor em- ment of prisoners, at each such camp; and to reduce intelligence community adminis- ployees (or the equivalent of full-time in the (H) unclassified imagery, including sat- trative costs as the Director may specify for case of part-time contractor employees) ellite imagery, of each such camp. purposes of this section. funded to perform or in support of each such (c) FORM.—The report required by sub- SEC. 323. ANNUAL REPORT ON VIOLATIONS OF intelligence activity. section (a) shall be submitted in an unclassi- LAW OR EXECUTIVE ORDER. (4) A determination as to whether each fied form and may include a classified annex (a) IN GENERAL.—Title V of the National such intelligence activity is predominantly if necessary. Security Act of 1947 (50 U.S.C. 3091 et seq.) is in support of national intelligence or depart- SEC. 326. ASSESSMENT OF SECURITY OF DOMES- amended by adding at the end the following: mental missions. TIC OIL REFINERIES AND RELATED RAIL TRANSPORTATION INFRA- ‘‘SEC. 511. ANNUAL REPORT ON VIOLATIONS OF (5) The total number of analysts of the In- STRUCTURE. LAW OR EXECUTIVE ORDER. telligence Enterprise of the Department that (a) ASSESSMENT.—The Under Secretary of ‘‘(a) ANNUAL REPORTS REQUIRED.—The Di- perform— Homeland Security for Intelligence and rector of National Intelligence shall annu- (A) strategic analysis; or Analysis shall conduct an intelligence as- ally submit to the congressional intelligence (B) operational analysis. sessment of the security of domestic oil re- committees a report on violations of law or (b) FEASIBILITY AND ADVISABILITY RE- fineries and related rail transportation infra- executive order relating to intelligence ac- PORT.—Not later than 120 days after the date structure. tivities by personnel of an element of the in- of the enactment of this Act, the Secretary (b) SUBMISSION.—Not later than 180 days telligence community that were identified of Homeland Security, acting through the after the date of the enactment of this Act, during the previous calendar year. Under Secretary for Intelligence and Anal- the Under Secretary of Homeland Security ‘‘(b) ELEMENTS.—Each report submitted ysis, shall submit to the congressional intel- for Intelligence and Analysis shall submit to under subsection (a) shall, consistent with ligence committees a report that— the congressional intelligence committees— the need to preserve ongoing criminal inves- (1) examines the feasibility and advis- (1) the results of the assessment required tigations, include a description of, and any ability of including the budget request for all under subsection (a); and action taken in response to, any violation of intelligence activities of each intelligence (2) any recommendations with respect to law or executive order (including Executive component of the Department that predomi- intelligence sharing or intelligence collec- Order No. 12333 (50 U.S.C. 3001 note)) relating nantly support departmental missions, as tion to improve the security of domestic oil to intelligence activities committed by per- designated by the Under Secretary for Intel- refineries and related rail transportation in- sonnel of an element of the intelligence com- ligence and Analysis, in the Homeland Secu- frastructure to protect the communities sur- munity in the course of the employment of rity Intelligence Program; and rounding such refineries or such infrastruc- such personnel that, during the previous cal- (2) includes a plan to enhance the coordina- ture from potential harm that the Under endar year, was— tion of department-wide intelligence activi- Secretary considers appropriate. ‘‘(1) determined by the director, head, or ties to achieve greater efficiencies in the SEC. 327. ENHANCED CONTRACTOR LEVEL AS- general counsel of any element of the intel- performance of the Department of Homeland SESSMENTS FOR THE INTEL- ligence community to have occurred; Security intelligence functions. LIGENCE COMMUNITY. ‘‘(2) referred to the Department of Justice (c) INTELLIGENCE COMPONENT OF THE DE- Section 506B(c) of the National Security for possible criminal prosecution; or PARTMENT.—In this section, the term ‘‘intel- Act of 1947 (50 U.S.C. 3098(c)) is amended— ‘‘(3) substantiated by the inspector general ligence component of the Department’’ has (1) in paragraph (11), by striking ‘‘or con- of any element of the intelligence commu- the meaning given that term in section 2 of tracted’’; nity.’’. the Homeland Security Act of 2002 (6 U.S.C. (2) by redesignating paragraph (12) as para- (b) INITIAL REPORT.—The first report re- 101). graph (13); and quired under section 511 of the National Se- SEC. 325. REPORT ON POLITICAL PRISON CAMPS (3) by inserting after paragraph (11) the fol- curity Act of 1947, as added by subsection (a), IN NORTH KOREA. lowing: shall be submitted not later than one year (a) IN GENERAL.—The Director of National ‘‘(12) The best estimate of the number of after the date of the enactment of this Act. Intelligence, in consultation with the Sec- intelligence collectors and analysts con- (c) GUIDELINES.—Not later than 180 days retary of State, shall submit to the congres- tracted by each element of the intelligence after the date of the enactment of this Act, sional intelligence committees, the Com- community and a description of the func- the Director of National Intelligence, in con- mittee on Foreign Relations of the Senate, tions performed by such contractors.’’. sultation with the head of each element of and the Committee on Foreign Affairs of the SEC. 328. ASSESSMENT OF THE EFFICACY OF the intelligence community, shall— House of Representatives a report on polit- MEMORANDA OF UNDERSTANDING (1) issue guidelines to carry out section 511 ical prison camps in North Korea. TO FACILITATE INTELLIGENCE- of the National Security Act of 1947, as added (b) ELEMENTS.—The report required by sub- SHARING. by subsection (a); and section (a) shall— Not later than 90 days after the date of the (2) submit such guidelines to the congres- (1) describe the actions the United States enactment of this Act, the Under Secretary sional intelligence committees. is taking to support implementation of the of Homeland Security for Intelligence and (d) TABLE OF CONTENTS AMENDMENT.—The recommendations of the United Nations Analysis, in consultation with the Director table of sections in the first section of the Commission of Inquiry on Human Rights in of the Federal Bureau of Investigation and

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.019 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6462 CONGRESSIONAL RECORD — SENATE December 9, 2014 the Program Manager of the Information (C) An assessment of the relationship be- For further information, please con- Sharing Environment, shall submit to the tween al-Qaeda core and the groups referred tact Sam Fowler at (202) 224–7571. congressional intelligence committees, the to in subparagraph (B). Committee on Homeland Security and Gov- (D) An assessment of the strengthening or f ernmental Affairs of the Senate, the Com- weakening of al-Qaeda and the groups re- AUTHORITY FOR COMMITTEES TO mittee on Homeland Security of the House of ferred to in subparagraph (B) from January MEET Representatives, the Committee on the Judi- 1, 2010, to the present, including a descrip- ciary of the Senate, and the Committee on tion of the metrics that are used to assess COMMITTEE ON COMMERCE, SCIENCE, AND the Judiciary of the House of Representa- strengthening or weakening and an assess- TRANSPORTATION tives an assessment of the efficacy of the ment of the relative increase or decrease in Mr. BEGICH. Mr. President, I ask memoranda of understanding signed between violent attacks attributed to such entities. unanimous consent that the Com- Federal, State, local, tribal, and territorial (E) An assessment of whether or not an in- mittee on Commerce, Science, and agencies to facilitate intelligence-sharing dividual can be a member of al-Qaeda core if Transportation be authorized to meet within and separate from the Joint Ter- such individual is not located in Afghanistan on December 9, 2014, at 6 p.m., in room rorism Task Force. Such assessment shall or Pakistan. S–216 of the Capitol Building. include— (F) An assessment of whether or not an in- The PRESIDING OFFICER. Without (1) any language within such memoranda dividual can be a member of al-Qaeda core as of understanding that prohibited or may be well as a member of a group referred to in objection, it is so ordered. construed to prohibit intelligence-sharing subparagraph (B). COMMITTEE ON FINANCE between Federal, State, local, tribal, and (G) A definition of defeat of core al-Qaeda. Mr. BEGICH. Mr. President, I ask territorial agencies; and (H) An assessment of the extent or coordi- unanimous consent that the Com- (2) any recommendations for memoranda nation, command, and control between core mittee on Finance be authorized to of understanding to better facilitate intel- al-Qaeda and the groups referred to in sub- meet during the session of the Senate ligence-sharing between Federal, State, paragraph (B), specifically addressing each on December 9, 2014, at 9:30 a.m., in local, tribal, and territorial agencies. such group. room SD–215 of the Dirksen Senate Of- (I) An assessment of the effectiveness of SEC. 329. REPORT ON FOREIGN MAN-MADE ELEC- fice Building, to conduct a hearing en- TROMAGNETIC PULSE WEAPONS. counterterrorism operations against core al- titled ‘‘Social Security: Is a Key Foun- (a) REPORT.—Not later than 180 days after Qaeda and the groups referred to in subpara- the date of the enactment of this Act, the graph (B), and whether such operations have dation of Economic Security Working Director of National Intelligence shall sub- had a sustained impact on the capabilities for Women?’’ mit to the congressional intelligence com- and effectiveness of core al-Qaeda and such The PRESIDING OFFICER. Without mittees, the Committee on Armed Services groups. objection, it is so ordered. (4) FORM.—The report required by para- of the Senate, and the Committee on Armed COMMITTEE ON FOREIGN RELATIONS graph (1) shall be submitted in unclassified Services of the House of Representatives a Mr. BEGICH. Mr. President, I ask report on the threat posed by man-made form, but may include a classified annex. (b) APPROPRIATE COMMITTEES OF CONGRESS unanimous consent that the Com- electromagnetic pulse weapons to United mittee on Foreign Relations be author- States interests through 2025, including DEFINED.—In this section, the term ‘‘appro- threats from foreign countries and foreign priate committees of Congress’’ means— ized to meet during the session of the non-State actors. (1) the congressional intelligence commit- Senate on December 9, 2014, at 2 p.m., tees; (b) FORM.—The report required under sub- to conduct a hearing entitled ‘‘Author- (2) the Committee on Foreign Relations section (a) shall be submitted in unclassified ization for the use of Military Force and the Committee on Armed Services of the form, but may include a classified annex. Senate; and Against ISIL SEC. 330. REPORT ON UNITED STATES COUNTER- (3) the Committee on Foreign Affairs and The PRESIDING OFFICER. Without TERRORISM STRATEGY TO DISRUPT, the Committee on Armed Services of the objection, it is so ordered. DISMANTLE, AND DEFEAT AL-QAEDA COMMITTEE ON THE JUDICIARY AND ITS AFFILIATED OR ASSOCI- House of Representatives. ATED GROUPS. SEC. 331. FEASIBILITY STUDY ON RETRAINING Mr. BEGICH. Mr. President, I ask VETERANS IN CYBERSECURITY. (a) REPORT.— unanimous consent that the Com- Not later than 180 days after the date of (1) IN GENERAL.—Not later than 180 days mittee on the Judiciary be authorized the enactment of this Act, the Director of after the date of the enactment of this Act, National Intelligence, in consultation with to meet during the session of the Sen- the Director of National Intelligence shall the Secretary of Defense, the Secretary of ate on December 9, 2014, at 10 a.m., in submit to the appropriate committees of Veterans Affairs, and the Secretary of Home- room SD–226 of the Dirksen Senate Of- Congress a comprehensive report on the land Security, shall submit to Congress a fice Building, to conduct a hearing en- United States counterterrorism strategy to feasibility study on retraining veterans and disrupt, dismantle, and defeat al-Qaeda and titled ‘‘Campus Sexual Assault: the retired members of elements of the intel- Roles and Responsibilities of Law En- its affiliated or associated groups. ligence community in cybersecurity. (2) COORDINATION.—The report required by forcement.’’ paragraph (1) shall be prepared in coordina- f The PRESIDING OFFICER. Without tion with the Secretary of State, the Sec- NOTICE OF HEARING objection, it is so ordered. retary of the Treasury, the Attorney Gen- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL COMMITTEE ON ENERGY AND NATURAL eral, and the Secretary of Defense, and the RIGHTS, AND HUMAN RIGHTS head of any other department or agency of RESOURCES Ms. LANDRIEU. Mr. President, I Mr. BEGICH. Mr. President, I ask the United States Government that has re- unanimous consent that the Com- sponsibility for activities directed at com- would like to announce for the infor- bating al-Qaeda and its affiliated or associ- mation of the Senate and the public mittee on the Judiciary, Sub- ated groups. that a business meeting has been committee on the Constitution, Civil (3) ELEMENTS.—The report required by scheduled before the Committee on En- Rights, and Human Rights, be author- paragraph (1) shall include the following: ergy and Natural Resources. The busi- ized to meet during the session of the (A) A definition of— ness meeting will be held on Wednes- Senate on December 9, 2014, at 2:30 (i) al-Qaeda core, including a list of which day, December 10, 2014, at 10 a.m., room p.m., in room SH–216 of the Hart Sen- known individuals constitute al-Qaeda core; SD–366 of the Dirksen Senate Office ate Office Building, to conduct a hear- (ii) an affiliated group of al-Qaeda, includ- ing entitled ‘‘The State of Civil and ing a list of which known groups constitute Building. The purpose of the business an affiliate group of al-Qaeda; meeting is to consider the nomination Human Rights in the United States.’’ (iii) an associated group of al-Qaeda, in- of Colette D. Honorable to be a Member The PRESIDING OFFICER. Without cluding a list of which known groups con- of the Federal Energy Regulatory Com- objection, it is so ordered. stitute an associated group of al-Qaeda; and mission. SUBCOMMITTEE ON HOUSING, TRANSPORTATION, (iv) a group aligned with al-Qaeda, includ- Because of the limited time available AND COMMUNITY DEVELOPMENT ing a description of what actions a group for the hearing, witnesses may testify Mr. BEGICH. Mr. President, I ask takes or statements it makes that qualify it by invitation only. However, those unanimous consent that the Com- as a group aligned with al-Qaeda. wishing to submit written testimony mittee on Banking, Housing, and (B) A list of any other group, including the Urban Affairs Subcommittee on Hous- organization that calls itself the Islamic for the hearing record should send it to State (also known as ‘‘ISIS’’ or ‘‘ISIL’’), that the Committee on Energy and Natural ing, Transportation, and Community adheres to the core mission of al-Qaeda, or Resources, United States Senate, Development be authorized to meet who espouses the same violent jihad ideology Washington, DC 20510–6150, or by email during the session of the Senate on De- as al-Qaeda. to [email protected]. cember 9, 2014, at 11 a.m., to conduct a

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.019 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6463 hearing entitled ‘‘Inequality, Oppor- The PRESIDING OFFICER. Without (9) supports tunity, and the Housing Market.’’ objection, it is so ordered. The PRESIDING OFFICER. If there The PRESIDING OFFICER. Without The bill (H.R. 1067) was ordered to a is no further debate, the question is on objection, it is so ordered. third reading, was read the third time, agreeing to the resolution, as amended. SUBCOMMITTEE ON INTERNATIONAL OPERATIONS and passed. The resolution (S. Res. 413), as AND ORGANIZATIONS, HUMAN RIGHTS, DEMOC- f amended, was agreed to. RACY, AND GLOBAL WOMEN’S ISSUES Mr. SCHATZ. Mr. President, I ask DORIS MILLER DEPARTMENT OF Mr. BEGICH. Mr. President, I ask unanimous consent that the Coons VETERANS AFFAIRS MEDICAL unanimous consent that the Com- amendment to the preamble be agreed CENTER mittee on Foreign Relations be author- to, the preamble, as amended, be ized to meet during the session of the Mr. SCHATZ. Mr. President, I ask agreed to, and the motions to recon- Senate on December 9, 2014, at 10 a.m., unanimous consent that the Com- sider be considered made and laid upon to hold an International Operations mittee on Veterans’ Affairs be dis- the table with no intervening action or and Organizations, Human Rights, De- charged from further consideration of debate. mocracy, and Global Women’s Issues H.R. 4199 and the Senate proceed to its The PRESIDING OFFICER. Without subcommittee hearing entitled ‘‘ISIL’s immediate consideration. objection, it is so ordered. Reign of Terror: Confronting the Grow- The PRESIDING OFFICER. Without The amendment (No. 3994) was agreed ing Humanitarian Crisis in Iraq and objection, it is so ordered. to, as follows: Syria.’’ The clerk will report the bill by title. (Purpose: To amend the preamble) The PRESIDING OFFICER. Without The legislative clerk read as follows: Amend the twelfth whereas clause of the objection, it is so ordered. A bill (H.R. 4199) to name the Department preamble to read as follows: f of Veterans Affairs medical center in Waco, Whereas, in September 2005, the United Texas, as the ‘‘Doris Miller Department of States joined other members of the United PRIVILEGES OF THE FLOOR Veterans Affairs Medical Center.’’ Nations in adopting United Nations General Mr. WYDEN. Mr. President, I ask There being no objection, the Senate Assembly Resolution 60/1, which affirmed unanimous consent that Kelly Tribble proceeded to consider the bill. that the international community has a re- Spencer, a detailee in my office, be Mr. SCHATZ. I ask unanimous con- sponsibility to use appropriate diplomatic, humanitarian and other peaceful means to granted privileges of the floor for the sent that the bill be read a third time help protect populations from genocide, war remainder of the 113th Congress. and passed, and the motion to recon- crimes, ethnic cleansing, and crimes against The PRESIDING OFFICER. Without sider be considered made and laid upon humanity; objection, it is so ordered. the table with no intervening action or The preamble, as amended, was Mr. LEAHY. Mr. President, I ask debate. agreed to. unanimous consent that William The PRESIDING OFFICER. Without (The resolution, as amended, with its Conlon, an intern in my personal of- objection, it is so ordered. preamble, as amended, will be printed fice, be granted floor privileges for De- The bill (H.R. 4199) was ordered to a in a future edition of the RECORD.) cember 11, 2014. third reading, was read the third time, The PRESIDING OFFICER. Without and passed. f objection, it is so ordered. f INTELLIGENCE AUTHORIZATION Mr. KING. Mr. President, I ask unan- ACT FOR FISCAL YEARS 2014 imous consent that James Reeve, a de- RECOGNIZING 20 YEARS SINCE THE AND 2015 GENOCIDE IN RWANDA fense fellow in Senator KAINE’s office, Mr. SCHATZ. Mr. President, I ask be granted floor privileges for the dura- Mr. SCHATZ. Mr. President, I ask unanimous consent the Intelligence tion of the 113th Congress. unanimous consent that the Senate Committee be discharged from further The PRESIDING OFFICER. Without proceed to the immediate consider- consideration of H.R. 4681 and the Sen- objection, it is so ordered. ation of Calendar No. 363, S. Res. 413. ate proceed to its consideration. Ms. CANTWELL. Mr. President, I ask The PRESIDING OFFICER. The The PRESIDING OFFICER. Without unanimous consent that Alison clerk will report the resolution by objection, it is so ordered. Mueller, of the Committee on Small title. The clerk will report the bill by title. Business and Entrepreneurship, be The legislative clerk read as follows: The legislative clerk read as follows: granted floor privileges for the rest of A resolution (S. Res. 413) recognizing 20 A bill (H.R. 4681) to authorize appropria- December 9, 2014. years since the genocide in Rwanda, and af- tions for fiscal years 2014 and 2015 for intel- The PRESIDING OFFICER. Without firming it is in the national interest of the ligence and intelligence-related activities of objection, it is so ordered. United States to work in close coordination the United States Government, the Commu- with international partners to help prevent f nity Management Account, and the Central and mitigate acts of genocide and mass Intelligence Agency Retirement and Dis- MAKING REVISIONS TO TITLE 36 atrocities. ability System, and for other purposes. UNITED STATES CODE There being no objection, the Senate There being no objection, the Senate Mr. SCHATZ. Mr. President, I ask proceeded to consider the resolution. proceeded to consider the bill. unanimous consent that the Judiciary Mr. SCHATZ. Mr. President, I ask Mr. SCHATZ. I ask unanimous con- Committee be discharged from further unanimous consent that the Coons sent that the Feinstein substitute consideration of H.R. 1067 and the Sen- amendment to the resolution, which is amendment, which is at the desk, be ate proceed to its immediate consider- at the desk, be agreed to and the Sen- agreed to; the bill, as amended, be read ation. ate proceed to vote on the resolution, a third time, and the Senate proceed to The PRESIDING OFFICER. Without as amended. vote on passage. objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The clerk will report the bill by title. objection, it is so ordered. objection, it so ordered. The legislative clerk read as follows: The amendment (No. 3993) was agreed The amendment (No. 3995) in the na- A bill (H.R. 1067) to make revisions in title to, as follows: ture of a substitute was agreed to. 36, United States Code, as necessary to keep (Purpose: To provide that nothing in the res- (The amendment is printed in today’s the title current and make technical correc- olution shall be construed as an authoriza- RECORD under ‘‘Text of Amendments.’’) tions and improvements. tion for the use of force or a declaration of The amendment was ordered to be There being no objection, the Senate war) engrossed, and the bill to be read a proceeded to consider the bill. On page 6, beginning on line 14, strike third time. Mr. SCHATZ. Mr. President, I ask ‘‘events; and’’ and all that follows through The bill was read the third time. ‘‘(8) supports’’ on line 15 and insert the fol- unanimous consent that the bill be lowing: ‘‘events; The PRESIDING OFFICER. Hearing read a third time and passed, and the (8) clarifies that nothing in this resolution no further debate, the bill having been motion to reconsider be considered shall be construed as an authorization for read the third time, the question is, made and laid upon the table. the use of force or a declaration of war; and Shall the bill pass?

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.029 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6464 CONGRESSIONAL RECORD — SENATE December 9, 2014 The bill (H.R. 4681), as amended, was Section 104. Intelligence Community Manage- an analysis of private sector policies and passed. ment Account procedures for countering insider threats. Mr. SCHATZ. I ask unanimous con- Section 104 authorizes appropriations for Section 309. Procedures for the retention of inci- sent that the motion to reconsider be the Intelligence Community Management dentally acquired communications made and laid upon the table with no Account (ICMA) of the DNI and sets the au- Section 309 requires the head of each ele- thorized personnel levels for the elements ment of the IC to adopt Attorney General- intervening action or debate. within the ICMA for Fiscal Year 2015. The PRESIDING OFFICER. Without approved procedures that govern the reten- TITLE II—CENTRAL INTELLIGENCE AGENCY tion of nonpublic telephone or electronic objection, it is so ordered. RETIREMENT AND DISABILITY SYSTEM communications acquired without consent of f Section 201. Authorization of appropriations a person who is a party to the communica- Section 201 authorizes appropriations in tions, including communications in elec- JOINT EXPLANATORY STATEMENT the amount of $514,000,000 for Fiscal Year tronic storage. TO ACCOMPANY THE INTEL- 2015 for the Central Intelligence Agency Re- The procedures required under this section LIGENCE AUTHORIZATION ACT tirement and Disability Fund. shall apply to any intelligence activity that is reasonably anticipated to result in the ac- FOR FISCAL YEAR 2015 TITLE III—GENERAL PROVISIONS quisition of such telephone or electronic The following consists of the explanatory SUBTITLE A—GENERAL MATTERS communications to or from a United States material to accompany the Intelligence Au- Section 301. Increase in employee compensation person not otherwise authorized by court thorization Act for Fiscal Year 2015. and benefits authorized by law order, subpoena, or similar legal process, re- This joint explanatory statement shall Section 301 provides that funds authorized gardless of the location where the collection have the same effect with respect to the im- to be appropriated by the Act for salary, pay, occurs. The procedures shall prohibit the re- plementation of this Act as if it were a joint retirement, and other benefits for federal tention of such telephone or electronic com- explanatory statement of a committee of employees may be increased by such addi- munications for a period in excess of five conference. tional or supplemental amounts as may be years, unless the communications are deter- This explanatory statement is accom- necessary for increases in compensation or mined to fall within one of several cat- panied by a classified annex that contains a benefits authorized by law. egories, enumerated in subsection (b)(3)(B), classified Schedule of Authorizations. The Section 302. Restriction on conduct of intel- for which retention in excess of five years is classified Schedule of Authorizations is in- ligence activities authorized, to include communications that corporated by reference in the Act and has Section 302 provides that the authorization have been affirmatively determined to con- the legal status of public law. of appropriations by the Act shall not be stitute foreign intelligence or counterintel- The classified annex and classified Sched- deemed to constitute authority for the con- ligence, communications that are reasonably ule of Authorizations are the result of nego- duct of any intelligence activity that is not believed to constitute evidence of a crime tiations between the Senate Select Com- otherwise authorized by the Constitution or and are retained by a law enforcement agen- mittee on Intelligence and the House Perma- laws of the United States. cy, and communications that are enciphered nent Select Committee on Intelligence to Section 303. National intelligence strategy or reasonably believed to have a secret reconcile differences in their respective meaning. Section 303 amends the National Security versions of the Intelligence Authorization Because it may be necessary in certain in- Act of 1947 to require the DNI to develop a Act for Fiscal Year 2015. The congressionally stances for IC elements to retain commu- comprehensive national intelligence strat- directed actions described in Senate Report nications covered by this section for a period egy every four years beginning in 2017. No. 113–233, the classified annex that accom- in excess of five years that do not fall into panied Senate Report No. 113–233, and the Section 304. Software licensing the categories specifically enumerated in classified annex that accompanied House Re- Section 304 amends Section 109 of the Na- subsection (b)(3)(B), subsection (b)(3)(B)(vii) port No. 113–463 should be carried out to the tional Security Act of 1947, which requires provides flexibility for the head of each ele- extent they are not amended, altered, sub- chief information officers within the IC to ment of the intelligence community to au- stituted, or otherwise specifically addressed prepare biennial inventories and assessments thorize such extended retention where the in either this Joint Explanatory Statement concerning the use and procurement of soft- head of the element determines that it is or in the classified annex to this Statement. ware licenses, to make certain enhance- necessary to protect the national security of SECTION-BY-SECTION ANALYSIS AND ments to the biennial assessments required the United States. In the absence of such a EXPLANATION under Section 109. determination, Section 309 is intended to es- The following is a section-by-section anal- Section 305. Reporting of certain employment tablish a default rule for intelligence collec- ysis and explanation of the Intelligence Au- activities by former intelligence officers and tion activities, not otherwise authorized by thorization Act for Fiscal Year 2015. employees legal process, that requires agencies to de- Section 305 requires the head of each ele- lete communications covered by this section TITLE I—INTELLIGENCE ACTIVITIES ment of the IC to issue regulations that re- after five years, unless a determination is Section 101. Authorization of appropriations quire an employee occupying positions with made that the communications constitute Section 101 lists the United States Govern- access to particularly sensitive information foreign intelligence or counterintelligence or ment departments, agencies, and other ele- within such element to sign a written agree- otherwise meet the retention requirements ments for which the Act authorizes appro- ment that requires the regular reporting of set forth in this section. priations for intelligence and intelligence-re- any employment by, representation of, or Section 310. Clarification of limitation of review lated activities for Fiscal Year 2015. the provision of advice relating to national to retaliatory security clearance or access Section 102. Classified Schedule of Authoriza- security to the government of a foreign determinations tions country, or any person whose activities are Section 310 makes a technical amendment Section 102 provides that the details of the supervised, directed, controlled, financed, or to Section 3001(b)(7) of the Intelligence Re- amounts authorized to be appropriated for subsidized by any government of a foreign form and Terrorism Prevention Act of 2004 to intelligence and intelligence-related activi- country, for a two-year period after the em- clarify that the policies and procedures pre- ties and the applicable personnel levels by ployee ceases employment with the IC ele- scribed by that section (to permit individ- program for Fiscal Year 2015 are contained in ment. uals to appeal adverse security clearance or the classified Schedule of Authorizations and Section 306. Inclusion of Predominantly Black access determinations) are only required to that the classified Schedule of Authoriza- Institutions in intelligence officer training apply to adverse security clearance or access tions shall be made available to the Commit- program determinations alleged to be in reprisal for tees on Appropriations of the Senate and Section 306 amends the National Security having made a protected whistleblower dis- House of Representatives and to the Presi- Act of 1947 to include predominantly black closure. dent. institutions in the intelligence officer train- Section 311. Feasibility study on consolidating Section 103. Personnel ceiling adjustments ing programs established under Section 1024 classified databases of cyber threat indica- of the Act. tors and malware samples Section 103 is intended to provide addi- Section 307. Management and oversight of fi- tional flexibility to the DNI in managing the Section 307 requires the DNI to conduct a nancial intelligence civilian personnel of the Intelligence Com- feasibility study on consolidating classified munity (IC). Section 103 provides that the Section 307 requires the DNI to prepare a databases of cyber threat indicators and DNI may authorize employment of civilian plan for management of the elements of the malware samples in the IC and to provide a personnel in Fiscal Year 2015 in excess of the IC that carry out financial intelligence ac- report to the congressional intelligence com- number of authorized positions by an tivities. mittees summarizing the feasibility study. amount not exceeding three percent of the Section 308. Analysis of private sector policies Section 312. Sense of Congress on cybersecurity total limit applicable to each IC element and procedures for countering insider threat and cybercrime cooperation with under Section 102. The DNI may do so only if threats Ukraine necessary to the performance of important Section 308 directs the DNI to submit to Section 312 expresses the sense of Congress intelligence functions. the congressional intelligence committees concerning cybersecurity threat and

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G09DE6.108 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE December 9, 2014 CONGRESSIONAL RECORD — SENATE S6465 cybercrime cooperation between the United Homeland Security Intelligence Program DENOUNCING THE USE OF CIVIL- States and Ukraine. (HSIP). IANS AS HUMAN SHIELDS BY Section 313. Replacement of locally employed The HSIP budget was established to fund HAMAS AND OTHER TERRORIST staff serving at United States diplomatic those intelligence activities that principally ORGANIZATIONS IN VIOLATION faculties in the Russian Federation support missions of the DHS separately from OF INTERNATIONAL HUMANI- those of the NIP. To date, however, this Section 313 requires the Secretary of State mechanism has only been used to supple- TARIAN LAW to ensure that every supervisory position at ment the budget for the office of Intelligence a U.S. diplomatic facility in the Russian Mr. SCHATZ. Mr. President, I ask and Analysis. It has not been used to fund Federation is occupied by a citizen of the unanimous consent that the Senate the activities of the non-IC components in United States who has passed a background proceed to the immediate consider- the DHS that conduct intelligence-related check and to provide Congress with a plan to ation of Calendar No. 616, H. Con. Res. activities. As a result, there is no com- further reduce reliance on locally employed 107. prehensive reporting to Congress regarding staff. The PRESIDING OFFICER. The the overall resources and personnel required Section 314. Inclusion of Sensitive Compart- in support of the Department’s intelligence clerk will report the concurrent resolu- mented Information Facilities in United activities. tion by title. States diplomatic facilities in the Russian The legislative clerk read as follows: Section 325. Report on political prison camps in Federation and adjacent countries A concurrent resolution (H. Con. Res. 107) North Korea Section 314 requires that each U.S. diplo- denouncing the use of civilians as human matic facility that is constructed in, or un- Section 325 requires the DNI to submit a shields by Hamas and other terrorist organi- dergoes a construction upgrade in, the Rus- report on political prison camps in North zations in violation of international humani- sian Federation, any country that shares a Korea to the congressional intelligence com- tarian law. land border with the Russian Federation, or mittees. There being no objection, the Senate any country that is a former member of the Section 326. Assessment of security of domestic proceeded to consider the concurrent Soviet Union, shall be constructed to include oil refineries and related rail transportation resolution, which had been reported a Sensitive Compartmented Information Fa- infrastructure from the Committee on Foreign Rela- cility. The Secretary of State may waive the Section 326 requires the Under Secretary of tions, with an amendment and an requirements of this section upon a deter- Homeland Security for Intelligence and amendment to the preamble and an mination that it is in the national security Analysis to conduct an intelligence assess- interest of the United States. amendment to the title. ment of the security of domestic oil refin- (Strike out all after the resolving SUBTITLE B—REPORTING eries and related rail transportation infra- clause and insert the part printed in structure. Section 321. Report on declassification process italic.) Section 321 requires the DNI to submit a Section 327. Enhanced contractor level assess- (Strike the preamble and insert the report to Congress describing proposals to ments for the intelligence community part printed in italic.) improve the declassification process and Section 327 amends the National Security H. CON. RES. 107 steps the IC could take or legislation that Act of 1947 to require that the annual per- Whereas the use of human shields is uncon- may be necessary, to enable the National De- sonnel level assessments for the IC, required scionable and morally unacceptable; classification Center to better accomplish under Section 506B of the Act, include a sep- Whereas since June 15, 2014, there have been the missions assigned to the Center by Exec- arate estimate of the number of intelligence over 2,000 rockets fired by Hamas and other ter- utive Order 13526. collectors and analysts contracted by each rorist organizations from Gaza into Israel; element of the IC and a description of the Section 322. Report on intelligence community Whereas Hamas uses civilian populations as functions performed by such contractors. efficient spending targets human shields by placing their missile batteries Section 322 requires the DNI to submit a Section 328. Assessment of the efficacy of memo- in densely populated areas and near schools, report to the congressional intelligence com- randa of understanding to facilitate intel- hospitals, and mosques; mittees on the status and effectiveness of ef- ligence-sharing Whereas Israel dropped leaflets, made an- forts to reduce administrative costs for the Section 328 requires the Under Secretary of nouncements, placed phone calls, and sent text IC during the preceding year. Homeland Security for Intelligence and messages to the Palestinian people in Gaza Section 323. Annual report on violations of law Analysis to provide appropriate congres- warning them in advance that an attack was or executive order sional committees with an assessment of the imminent, and went to extraordinary lengths to target only terrorist actors and to minimize col- Section 323 requires the DNI to report an- efficacy of the memoranda of understanding lateral damage; nually to the congressional intelligence com- signed between Federal, State, local, tribal, Whereas Hamas urged the residents of Gaza to mittees on violations of law or executive and territorial agencies to facilitate intel- ignore the Israeli warnings and to remain in order by personnel of an element of the IC ligence-sharing within and separate from the their houses and encouraged Palestinians to that were identified during the previous cal- Joint Terrorism Task Force. This study gather on the roofs of their homes to act as endar year. Under the National Security Act, should help identify any obstacles to intel- human shields; the President is required to keep the con- ligence sharing between agencies, particu- Whereas on July 23, 2014, the 46-Member UN gressional intelligence committees fully and larly any obstacles that might have impeded Human Rights Council passed a resolution to currently informed of the intelligence activi- intelligence sharing in the wake of the April form a commission of inquiry over Israel’s oper- ties of the United States government. None- 2013 bombing of the Boston Marathon, and ations in Gaza that completely fails to condemn theless, this annual reporting requirement is find improvements to existing intelligence Hamas for its indiscriminate rocket attacks and necessary to ensure that the intelligence sharing relationships. its unconscionable use of human shields, with oversight committees of the House and Sen- Section 329. Report on foreign man-made elec- the United States being the lone dissenting vote; ate are made fully aware of violations of law tromagnetic pulse weapons Whereas public reports have cited the role of or executive order, including, in particular, Section 329 requires the DNI to provide ap- Iran and Syria in providing material support violations of Executive order 12333 for activi- propriate congressional committees with a and training to Hamas and other terrorist ties not otherwise subject to the Foreign In- report on the threat posed by manmade elec- groups carrying out rocket and mortar attacks telligence Surveillance Act. tromagnetic pulse weapons to United States from Gaza; Section 324. Annual report on intelligence ac- interests through 2025. Whereas throughout the summer of 2006 con- tivities of the Department of Homeland Se- Section 330. Report on United States counterter- flict between the State of Israel and the terrorist curity rorism strategy to disrupt, dismantle, and organization Hezbollah, Hezbollah forces uti- Section 324 requires the Under Secretary defeat al-Qaeda and its affiliated or associ- lized innocent civilians as human shields; for Intelligence and Analysis of the DHS to ated groups Whereas al Qaeda, Al-Shabaab, Islamic State provide the congressional intelligence com- Section 330 requires the DNI to provide ap- of Iraq and the Levant (ISIL), and other foreign mittees with a report on each intelligence propriate congressional committees with a terrorist organizations typically use innocent ci- activity of each intelligence component of report on the United States counterter- vilians as human shields; the Department that includes, among other rorism strategy to disrupt, dismantle, and Whereas the United States and Israel have co- things, the amount of funding requested, the defeat al Qaeda and its affiliated or associ- operated on missile defense projects, including number of full-time employees, and the num- ated groups. Iron Dome, David’s Sling, and the Arrow Anti- ber of full-time contractor employees. In ad- Missile System, projects designed to thwart a di- dition, Section 324 requires the Secretary of Section 331. Feasibility study on retraining vet- verse range of threats, including short-range Homeland Security to submit to the congres- erans in cybersecurity missiles and rockets fired by non-state actors, sional intelligence committees a report that Section 331 requires the DNI to submit to such as Hamas; examines the feasibility and advisability of Congress a feasibility study on retraining Whereas the United States provided consolidating the planning, programming, veterans and retired members of elements of $460,000,000 in fiscal year 2014 for Iron Dome re- and resourcing of such activities within the the IC in cybersecurity. search, development, and production;

VerDate Sep 11 2014 05:41 Dec 10, 2014 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A09DE6.039 S09DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6466 CONGRESSIONAL RECORD — SENATE December 9, 2014 Whereas, during the most recent rocket at- The concurrent resolution (H. Con. ceedings be approved to date, and the tacks from Gaza, Iron Dome successfully inter- Res. 107), as amended, was agreed to. time for the two leaders be reserved for cepted dozens of rockets that were launched The committee-reported amendment their use later in the day; and that fol- against Israeli population centers; and Whereas 5,000,000 Israelis are currently living to the preamble in the nature of a sub- lowing any leader remarks, the Senate under the threat of rocket attacks from Gaza: stitute was agreed to. resume consideration of the motion to Now, therefore, be it The preamble, as amended, was concur in the House message to accom- Resolved by the House of Representatives (the agreed to. pany H.R. 3979. Senate concurring), The committee-reported amendment The PRESIDING OFFICER. Without That Congress— to the title was agreed to, as follows: objection, it is so ordered. (1) strongly condemns the use of innocent ci- Amend the title so as to read: ‘‘A concur- vilians as human shields; (2) calls on the international community to rent resolution denouncing the use of civil- f recognize and condemn Hamas’ use of human ians as human shields by Hamas and other terrorist organizations.’’. shields; ADJOURNMENT UNTIL 9:30 A.M. (3) places responsibility for the rocket attacks f against Israel on Hamas and other terrorist or- TOMORROW MEASURE READ THE FIRST ganizations, such as Palestine Islamic Jihad; Mr. SCHATZ. If there is no further TIME—S. 2992 (4) supports the sovereign right of the Govern- business to come before the Senate, I ment of Israel to defend its territory and its citi- Mr. SCHATZ. Mr. President, I under- zens from Hamas’ rocket attacks, kidnapping at- ask unanimous consent that it adjourn tempts, and the use of tunnels and other means stand that S. 2992, introduced earlier under the previous order. to carry out attacks against Israel; today by Senator GILLIBRAND, is at the There being no objection, the Senate, (5) expresses condolences to the families of the desk and I ask for its first reading. at 8:53 p.m., adjourned until Wednes- innocent victims on both sides of the conflict; The PRESIDING OFFICER. The day, December 10, 2014, at 9:30 a.m. (6) supports Palestinian civilians who reject clerk will read the bill by title for the Hamas and all forms of terrorism and violence, first time. desiring to live in peace with their Israeli neigh- f bors; The assistant legislative clerk read (7) supports efforts to demilitarize the Gaza as follows: CONFIRMATIONS Strip, removing Hamas’s means to target Israel, A bill (S. 2992) to amend title 10, United including its use of tunnels, rockets, and other States Code, to reform procedures for deter- Executive nominations confirmed by means; and minations to proceed to trial by court-mar- the Senate December 9, 2014: (8) condemns the United Nations Human tial for certain offenses under the Uniform POSTAL REGULATORY COMMISSION Rights Council’s biased resolution establishing a Code of Military Justice, and for other pur- TONY HAMMOND, OF MISSOURI, TO BE A COMMIS- commission of inquiry into Israel’s Gaza oper- poses. SIONER OF THE POSTAL REGULATORY COMMISSION FOR ations. A TERM EXPIRING OCTOBER 14, 2018. Mr. SCHATZ. I ask unanimous con- Mr. SCHATZ. I now ask for its second NANCI E. LANGLEY, OF HAWAII, TO BE A COMMIS- SIONER OF THE POSTAL REGULATORY COMMISSION FOR sent that the committee-reported reading and object to my own request. The PRESIDING OFFICER. Objec- A TERM EXPIRING NOVEMBER 22, 2018. amendment to the resolution be agreed TENNESSEE VALLEY AUTHORITY to, the resolution, as amended, be tion is heard. The bill will be read for the second VIRGINIA TYLER LODGE, OF TENNESSEE, TO BE A MEM- agreed to, and that the committee-re- BER OF THE BOARD OF DIRECTORS OF THE TENNESSEE ported amendment to the preamble be time on the next legislative day. VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2019. RONALD ANDERSON WALTER, OF TENNESSEE, TO BE A agreed to, the preamble, as amended, f MEMBER OF THE BOARD OF DIRECTORS OF THE TEN- be agreed to, and that the committee- NESSEE VALLEY AUTHORITY FOR A TERM EXPIRING ORDERS FOR WEDNESDAY, MAY 18, 2019. reported amendment to the title be DECEMBER 10, 2014 agreed to, and that the motions to re- DEPARTMENT OF STATE consider be considered made and laid Mr. SCHATZ. Mr. President, I ask PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER unanimous consent that when the Sen- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF upon the table. MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- The PRESIDING OFFICER. Without ate completes its business today, it ad- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES journ until 9:30 a.m. on Wednesday, De- OF AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANI- objection, it is so ordered. STAN. The committee-reported amendment cember 10, 2014; that following the RICHARD RAHUL VERMA, OF MARYLAND, TO BE AM- prayer and pledge, the morning hour be BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF in the nature of a substitute was THE UNITED STATES OF AMERICA TO THE REPUBLIC OF agreed to. deemed expired, the Journal of pro- INDIA.

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