S10296 CONGRESSIONAL RECORD — SENATE October 4, 2004 CONCLUSION OF MORNING Byrd Amendment No. 3845, to enhance the Stevens Amendment No. 3826, to modify BUSINESS role of Congress in the oversight of the intel- the duties of the Director of the National ligence and intelligence-related activities of Counterterrorism Center as the principal ad- Ms. COLLINS. Mr. President, shortly the Government. visor to the President on counterterrorism we will resume consideration of S. 2845. Warner Modified Amendment No. 3877, to matters. I am very hopeful that we will be able modify the role of the National Intelligence Stevens Amendment No. 3827, to strike sec- to clear an amendment that has been Director in the appointment of intelligence tion 206, relating to information sharing. pending for some time. I know that the officials of the United States Government. Stevens Amendment No. 3829, to amend the Senator from Ohio wishes to speak in Leahy/Grassley Amendment No. 3945, to re- effective date provision. quire Congressional oversight of translators Stevens Amendment No. 3840, to strike the opposition to Senator BYRD’s amend- employed and contracted for by the Federal ment, which is the first amendment fiscal and acquisition authorities of the Na- Bureau of Investigation. tional Intelligence Authority. that we will vote on later this after- Reed Amendment No. 3908, to authorize the Stevens Amendment No. 3882, to propose noon at 4:15. Until the Senator from Secretary of Homeland Security to award an alternative section 141, relating to the In- Ohio arrives, which will be very short- grants to public transportation agencies to spector General of the National Intelligence ly, I suggest the absence of a quorum. improve security. Authority. The PRESIDING OFFICER. Will the Reid (for Corzine/Lautenberg) Amendment Collins (for Inhofe) Amendment No. 3946 Senator forbear while the Chair an- No. 3849, to protect human health and the en- (to Amendment No. 3849), in the nature of a vironment from the release of hazardous sub- substitute. nounces the period of morning business stances by acts of terrorism. is closed. Sessions Amendment No. 3928, to require Reid (for Lautenberg) Amendment No. 3782, aliens to make an oath prior to receiving a f to require that any Federal funds appro- nonimmigrant visa. priated to the Department of Homeland Se- Sessions Amendment No. 3873, to protect NATIONAL INTELLIGENCE REFORM curity for grants or other assistance be allo- ACT OF 2004 railroad carriers and mass transportation cated based strictly on an assessment of from terrorism. The PRESIDING OFFICER. Under risks and vulnerabilities. Sessions Amendment No. 3871, to provide Reid (for Lautenberg) Amendment No. 3905, the previous order, the Senate will now for enhanced Federal, State, and local en- to provide for maritime transportation secu- forcement of the immigration laws. resume consideration of S. 2845, which rity. Sessions Amendment No. 3870, to make in- the clerk will report. Reid (for Harkin) Amendment No. 3821, to formation sharing permanent under the USA The bill clerk read as follows: modify the functions of the Privacy and Civil PATRIOT ACT. A bill (S. 2845) to reform the intelligence Liberties Oversight Board. Warner Amendment No. 3876, to preserve community and the intelligence and intel- Roberts Amendment No. 3748, to clarify certain authorities and accountability in the ligence-related activities of the United the duties and responsibilities of the Om- implementation of intelligence reform. States Government, and for other purposes. budsman of the National Intelligence Au- Collins (for Cornyn) Amendment No. 3803, Pending: thority and of the Analytic Review Unit within the Office of the Ombudsman. to provide for enhanced criminal penalties Collins Amendment No. 3705, to provide for Roberts Amendment No. 3739, to ensure the for crimes related to alien smuggling. homeland security grant coordination and sharing of intelligence information in a man- Collins (for Baucus/Roberts) Modified simplification. ner that promotes all-sources analysis and to Amendment No. 3768, to require an annual Lautenberg Amendment No. 3767, to speci- assign responsibility for competitive anal- report on the allocation of funding within fy that the National Intelligence Director ysis. the Office of Foreign Assets Control of the shall serve for one or more terms of up to 5 Roberts Amendment No. 3750, to clarify Department of the Treasury. years each. the responsibilities of the Directorate of In- Collins (for Stevens) Amendment No. 3903, Kyl Amendment No. 3801, to modify the telligence of the National Counterterrorism to strike section 201, relating to public dis- privacy and civil liberties oversight. Center for information-sharing and intel- closure of intelligence funding. Feinstein Amendment No. 3718, to improve ligence analysis. Frist (for McConnell) Amendment No. 3930, the intelligence functions of the Federal Bu- Roberts Amendment No. 3747, to provide to clarify that a volunteer for a federally- reau of Investigation the National Intelligence Director with flexi- created citizen volunteer program and for Stevens Amendment No. 3839, to strike sec- ble administrative authority with respect to the program’s State and local affiliates is tion 201, relating to public disclosure of in- the National Intelligence Authority. protected by the Volunteer Protection Act. telligence funding. Roberts Amendment No. 3742, to clarify Frist (for McConnell) Amendment No. 3931, Ensign Amendment No. 3819, to require the the continuing applicability of section 504 of to remove civil liability barriers that dis- Secretary of State to increase the number of the National Security Act of 1947 to the obli- courage the donation of equipment to volun- consular officers, clarify the responsibilities gation and expenditure of funds appropriated teer fire companies. and functions of consular officers, and re- for the intelligence and intelligence-related The PRESIDING OFFICER. The quire the Secretary of Homeland Security to activities of the United States. Chair recognizes the distinguished Sen- increase the number of border patrol agents Roberts Amendment No. 3740, to include ator from Maine. and customs enforcement investigators. among the primary missions of the National Reid (for Schumer) Amendment No. 3887, Intelligence Director the elimination of bar- Ms. COLLINS. Thank you, Mr. Presi- to amend the Foreign Intelligence Surveil- riers to the coordination of intelligence ac- dent. The bill is now officially before lance Act of 1978 to cover individuals, other tivities. the Senate. It is open for amendment. than United States persons, who engage in Roberts Amendment No. 3741, to permit We have great deal of work to do on international terrorism without affiliation the National Intelligence Director to modify this legislation, as the Presiding Offi- with an international terrorist group. National Intelligence Program budgets be- cer is well aware. I do anticipate many Reid (for Schumer) Amendment No. 3888, fore their approval and submittal to the votes later today, starting at 4:15. I do to establish the United States Homeland Se- President. curity Signal Corps to ensure proper commu- Roberts Amendment No. 3744, to clarify anticipate a late session tonight in nications between law enforcement agencies. the limitation on the transfer of funds and order to make considerable progress on Reid (for Schumer) Amendment No. 3889, personnel and to preserve and enhance con- the bill. to establish a National Commission on the gressional oversight of intelligence activi- In addition, I want to alert my col- United States-Saudi Arabia Relationship. ties. leagues to the fact that the majority Reid (for Schumer) Amendment No. 3890, Roberts Amendment No. 3751, to clarify leader, with the consent of the Demo- to improve the security of hazardous mate- the responsibilities of the Secretary of De- cratic leader, did file a cloture motion rials transported by truck. fense pertaining to the National Intelligence last week that will ripen tomorrow Reid (for Schumer) Amendment No. 3891, Program. to improve rail security. Kyl Amendment No. 3926, to amend the Im- morning. So we are determined to Reid (for Schumer) Amendment No. 3892, migration and Nationality Act to ensure make good progress on this bill. We to strengthen border security. that nonimmigrant visas are not issued to made a great deal of progress last Reid (for Schumer) Amendment No. 3893, individuals with connections to terrorism or week. Negotiations continued over the to require inspection of cargo at ports in the who intend to carry out terrorist activities weekend. But we have to finish this United States. in the United States. highly significant bill. That is the Reid (for Schumer) Amendment No. 3894, Kyl Amendment No. 3881, to protect crime leader’s intention. It is the floor man- to amend the Homeland Security Act of 2002 victims’ rights. to enhance cybersecurity. Kyl Amendment No. 3724, to strengthen agers’ intention. And we will be work- Allard Amendment No. 3778, to improve anti-terrorism investigative tools, promote ing long and hard to do so both tonight the management of the personnel of the Na- information sharing, punish terrorist of- and tomorrow night. tional Intelligence Authority. fenses. I thank the Chair.

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.020 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10297 The PRESIDING OFFICER. The opposed to the amendment offered by We had repeated testimony before Chair, in a helpful way, wishes to in- the Senator from West . our committee from Secretary Powell, form the Senate that under the pre- I believe the Senator from Ohio is ex- from former Directors of Central Intel- vious order, at the hour of 4:15 today, actly right, that were the amendment ligence that without budget authority, the Senate will proceed to a series of to pass, it would severely undermine they are ineffective, they have no votes on the pending amendments with the reforms called for by the 9/11 Com- clout. 2 minutes equally divided for debate mission to create a NID with real au- In addition to constricting, as the prior to each vote. thority. That means the authority over Senator from Ohio has made clear, the Ms. COLLINS. Thank you, Mr. Presi- the budget, over the people in the na- authority of the national intelligence dent. tional intelligence program, the au- director under the Collins-Lieberman The PRESIDING OFFICER. The Sen- thority to set priorities, and certainly proposal to transfer both personnel and ator from Ohio. the Byrd amendment would greatly funds, the Byrd amendment does dra- Mr. DEWINE. Mr. President, first, I weaken that authority. matically undercut that budget au- congratulate Senator COLLINS and Sen- Mr. DEWINE. I appreciate very much thority by, if I can state this to the ator LIEBERMAN for their very fine my colleague’s response. That is the best of my ability in lay people’s lan- work on this bill. Anyone who has way I read this. As I expressed when I guage, removing the authority of the watched this debate has to be very im- was on the floor last week, really what new national intelligence director to pressed by the work they have done in, we need to do is to empower this per- have budget accounts at the Treasury frankly, a relatively short period of son, this new position with the author- Department, which would mean that time. They have held a number of hear- ity to get the job done. Never again do the only way Treasury could transfer ings. They have diligently worked on we want to be in a position where the money to the national intelligence di- this bill and brought the bill to the head of intelligence of this country can rector was back through the Depart- floor. come before the committee and say: I ment of Defense. That is exactly what I came to the floor last week and do not have enough power; I do not we are trying to change. asked my colleague from Maine some have the authority to get the job done; Mr. DEWINE. If I may ask an addi- questions. I thought she had some very I could not move people around; I did tional question for Senators who are good answers. As I expressed at that not have the budget authority. watching today, maybe the answer is That, I think, is what my two col- obvious, but what is the importance of time—and I have made no secret of leagues who are on the floor right now that distinction, the inability to do this—I have always been concerned have tried to craft with this bill. If you that, having that money go through that any bill we produce, in fact, give look at this particular section, it talks the Defense Department as opposed to the head of our intelligence enough au- about the transfer of people and the the national intelligence director? thority, enough power to actually get transfer of money, and the ability of Mr. LIEBERMAN. It is just such a the job done. And that was my concern. that person to be able to do that and to strange circumstance with which I be- Frankly, that was the nature of my be the prime mover, the prime person lieve many members of our committee questions to my colleague from Maine who could do that. were surprised to find, that the intel- last week. Never again should the head of intel- ligence budget, including the CIA budg- I come to the floor this morning to ligence in this country really be sub- et, the Central Intelligence Agency express my concerns about the Byrd servient to anybody else. Yes, they right now, goes through the Depart- amendment. My reading of the Byrd should consult. Yes, they should in- ment of Defense before it gets there. amendment is, frankly, that it would volve other people. But they certainly Obviously, the Defense Department is strike at the heart of the Collins- should be the prime person. an important user of intelligence, per- Lieberman bill. I believe if the Byrd I wonder if I may ask my colleague— haps the most important, so is the amendment were to be adopted, all my I see Senator LIEBERMAN on the floor— State Department, the President, and worst fears would be realized, and we I know some people do have concerns the Homeland Security Department. would end up with a bill that would with the way the Senator has written The current situation is a little bit— look like it was giving power to this the bill, that other agencies would not let me see if I can think of an analogy, new head of intelligence in this coun- be consulted. With the way the Senator and I know this is farfetched—where try, but, in fact, that person would not has written the bill, would the new the budget of the Securities and Ex- really have the requisite power they head of intelligence consult other change Commission went through the needed. agencies and be involved with other Department of Health and Human I wonder if I may ask my friend and agencies with regard to these very es- Services. It may be a little farfetched. colleague from Maine several questions sential decisions? Maybe it went through one of the other about her interpretation of the Byrd Mr. LIEBERMAN. Mr. President, Departments that is slightly more re- amendment. through you, I am pleased to respond lated. It makes no sense. My understanding is that the Byrd to the Senator from Ohio. I thank him Again, we are trying to create au- amendment begins, on the copy I have, for his questions. The direct answer is thority here, and authority in this on page 27 of the bill and strikes the that in the proposal Senator COLLINS town, as we kept hearing over and title ‘‘Transfer or Reprogramming of and I have put down, the national in- over, is built on money, budget author- Funds and Transfer of Personnel with- telligence director, in formulating the ity, and this amendment would remove in NIP.’’ national intelligence budget, as distin- that authority from the national intel- I wonder if my colleague shares my guished from the military tactical in- ligence director and, therefore, weaken concerns about the danger of this telligence joint budget, would be re- that position. I fear it would get us amendment. I think, frankly, this is a quired to consult with the heads of the back to where we are now, where we do gutting amendment. I wonder what her relevant intelligence agencies in for- not have that authority with anyone in reaction to that is. mulating his budget, but we make very the intelligence community and no one The PRESIDING OFFICER. The Sen- clear that the budget authority for the is in charge. ator from Maine. national intelligence budget ought to Mr. DEWINE. I wonder if I may ask Ms. COLLINS. Mr. President, if the go to the national intelligence direc- my colleague another question. As one Senator from Ohio will yield, I will be tor, both in terms of final rec- looks at the language throughout the happy to respond to his question. The ommendations to the Office of Manage- bill that Senator COLLINS and Senator Senator from Ohio is exactly right. The ment and Budget and the President, LIEBERMAN have crafted, they have amendment offered by the Senator but then that the money must come to made a distinction between the na- from West Virginia would greatly the national intelligence director be- tional intelligence programs and the weaken the authority of the national fore it goes to those constituent agen- nonnational intelligence programs, intelligence director to move funding cies. That is a critical element of the given certainly the authority over the and people. That is one of the most im- authority that we want to establish in national intelligence programs and portant reforms made by this legisla- the national intelligence director what they described as far as the budg- tion. That is one reason I am strongly where there is none. et authority, execution authority over

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.023 S04PT1 S10298 CONGRESSIONAL RECORD — SENATE October 4, 2004 those to the national intelligence di- a decision for a short period of time in I believe our whole goal should, in a rector. moving your troops around to better very responsible, rational way, create a The other programs that are not na- confront the enemy and achieve vic- new system, which this bill has done, tional intelligence programs continue tory. It makes no sense. It is a critical to empower one person to have the au- to remain, then, with other depart- part of the overall proposal of our bill thority to run the intelligence in this ments—for example, the Defense De- and the 9/11 Commission. country. I am afraid, as this discussion partment—is that correct? If the Senator from Ohio would give has pointed out between my colleagues Mr. LIEBERMAN. I am sorry? I me a moment, this morning, the Fam- and myself, that the Byrd amendment missed the question. ily Steering Committee composed of will take us actually in the wrong di- Mr. DEWINE. The other programs families of victims of 9/11 sent a letter rection. It is a weakening amendment. that are not national intelligence pro- to every Senator commenting on some At least for this Member, it is a gut- grams would not come under, then, the of these amendments. With regard to ting amendment. It, frankly, would national intelligence director? this amendment introduced by the Sen- make it impossible for me to vote for Mr. LIEBERMAN. That is correct. ator from West Virginia, No. 3845, they this bill. It would destroy the power of We tried to draw some lines. They are say that the 9/11 Commission has stat- the head of intelligence, this new posi- not always clear because there are a ed repeatedly that the power of the tion, and it would be the wrong thing lot of programs that overlap, but to purse is critical for the national intel- to do. It is very well intended, but it say that anything in the national in- ligence director position. S. 2845, the would be a very serious mistake. This telligence budget should go to the na- underlying bill, provides for the na- discussion we just had certainly brings tional intelligence director, that is his tional intelligence director to be em- that out. or her job. There are other programs powered with budget execution and Again, I want to congratulate my that are uniquely the work of the De- transfer authorities. The NID also colleagues. They have done a very good fense Department—I am going to put it needs to be able to transfer personnel job in trying to deal with all of the di- another way: that are totally used by in response to threats, which is what verse needs we have in the intelligence the Defense Department for tactical in- the Senator’s question goes to. So the community, the Defense Department, telligence to support the work of one families conclude: In summary, we op- and all the other agencies. It has been service of the military or a joint mili- pose amendment No. 3845 introduced by a very tough job, and I congratulate tary action. But those assets are not the Senator from West Virginia and them for their work. used for anything else in our intel- others because it reduces the authority I yield the floor. ligence community nonmilitary and, of of the national intelligence director. The PRESIDING OFFICER. The Sen- course, they should go for budget con- I thank the Senator. ator from Connecticut. trol to the Secretary of Defense. The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I Mr. DEWINE. That is the way the ator from Maine. rise to thank our friend and colleague Senator’s bill is written? Ms. COLLINS. Mr. President, if the from Ohio for both his thoughtful con- Mr. LIEBERMAN. Absolutely. We Senator from Ohio would yield on that sideration of this legislation and his preserve that. There are one or two point. very relevant questions this morning, amendments that are seeking still to Mr. DEWINE. I sure will. Ms. COLLINS. The amendment of- which I do believe help to illuminate clarify that break that we will debate fered by our colleague from West Vir- the consequences on one of the amend- and vote on I would guess before this ginia would actually give the national ments we are going to vote on today. bill is finally considered, but that is ex- intelligence director less authority Last week, the Senator was here in a actly what we have done in the under- than the DCI has under current law to less friendly posture. It is always bet- lying bill. move people and money around to ad- ter to have him on our side, and I Mr. DEWINE. When I came to the dress urgent needs. It not only would thank him very much for caring Senate floor last week, I was asking undo the reforms in our bill, it is a step enough about this critically important questions of both the Senator from back from current law. legislation to come over and be part of Connecticut and my colleague from Under the Byrd amendment, aggre- this debate. Maine, and I was happy to hear some of gate transfers from a department or I suggest the absence of a quorum. the answers about the Senator’s under- agency would be limited to $100 million The PRESIDING OFFICER. The standing of this bill that has been or 5 percent of the funds available to clerk will call the roll. drafted, but I am concerned that under the department or the agency. There is The legislative clerk proceeded to the amendment from our colleague no such limitation in current law. The call the roll. from West Virginia, these powers amendment offered by the Senator Mr. BYRD. Mr. President, I ask unan- would be gone. For example, I asked from West Virginia not only under- imous consent that the order for the about the ability to move personnel mines the reforms in this bill and sig- quorum call be rescinded. around, and the Senator assured me nificantly would weaken the authority The PRESIDING OFFICER (Mr. ROB- under his bill the national intelligence of the NID to move people and money ERTS). Without objection, it is so or- director would be able to move per- to meet urgent compelling needs, but it dered. sonnel around from one department to actually is weaker than the authority The Senator from West Virginia is another as long as it was a national in- that the Director of the CIA now has. I recognized. telligence program. Is it the Senator’s just wanted to make that point. I know AMENDMENT NO. 3845 understanding under the amendment the Senator from Ohio is aware of that Mr. BYRD. Mr. President, in a few from our colleague from West Virginia as well. hours the Senate will vote on the Byrd- that power would be gone? Mr. DEWINE. I thank my colleague Stevens-Inouye-Warner amendment. Mr. LIEBERMAN. I say through the for her answer, and that is something That amendment’s purpose is to ensure Chair, that power would be seriously that should alarm all the Members of that the new national intelligence au- limited, which is to say the personnel the Senate. I believe there is a general thority is held accountable to the peo- transfers under the amendment would consensus—certainly there is in the in- ple’s representatives in the Congress. have to be done in accordance with pro- telligence community, a general con- Let me say again, the amendment cedures to be developed by the national sensus at least, and I think there is which I have offered on behalf of my- intelligence director with the con- among Members of the Senate—that self and Mr. STEVENS, Mr. INOUYE, and cerned department head and only for the power of the DCI today is not Mr. WARNER has a purpose, that pur- periods up to 1 year, and that is a con- enough, and to think that we would be pose being to ensure that the new na- striction that says to the national in- thinking about passing a bill that tional intelligence authority, the NID, telligence director: You do not have would pass with this amendment pos- is held accountable to the people’s rep- the latitude to do what you think is sibly that would weaken the head of resentatives in the Congress. necessary to protect the national secu- our intelligence agencies and give that Last Friday, I spoke about the Eng- rity interests. This is a little bit like person less power to me is a shocking lishmen who spilled their blood to saying to a general: You can only make thought. wrest the power of the purse away from

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.026 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10299 monarchs, over many centuries, in That places the Congress on the de- Security—the very same thing. We are England. Their struggle was enshrined fensive. The Congress would have to backed up against the wall. The idea is in Article I, section 9 of the U.S. Con- act retroactively to transfers made by you have to pass this. You have to do stitution, which I hold in my hand, the the national intelligence director, al- it. You have to get behind it. And we Constitution of the United States—the lowing the intelligence director to find we have a lot of problems with struggle of Englishmen across many spend funds without adequate over- that. centuries, even prior to 1215 when the sight by the Congress. I sought to have the leadership take barons yielded, the great Magna Carta I remind Senators that in 1996, the a little more time on that bill, discuss was agreed to by King John, a mighty National Reconnaissance Office—the it, debate it, but the leadership didn’t monarch. And what does that section 9 Government’s spy satellite agency— choose to take more time. of Article I say? was discovered to have stashed away It was the very same way with the No money shall be drawn from the Treas- billions of dollars into a reserve that nefarious resolution that was passed by ury, but in Consequence of Appropriations was not reported to the Congress. this Senate on October 11 of 2002 to made by Law; and a regular Statement and While the proponents of the bill before shift the constitutional power to de- Account of the Receipts and Expenditures of the Senate argue that the national in- clare war to a single individual; name- all public Money shall be published from telligence director needs strong budget ly, the President of the United States. time to time. authority to fight the war on terror, I pleaded that we have more time. I Not just some of the moneys, all of Senators should understand that the pleaded on that same occasion—I think the moneys. How then, I ask Senators, intelligence director can use that au- it was with Mr. LIEBERMAN and with can a regular account of public money thority for activities that have nothing the other managers on both sides— be kept if the Congress empowers a new to do with the war on terror. The intel- please take more time. intelligence director to spend money ligence director could use this sweep- Here we are shifting the power. Con- without regard to appropriations law ing transfer authority to circumvent gress says in article I, section 8, that and without regard to this Constitu- the limitations imposed by the Con- the Congress shall have the power to tion? gress, the elected representatives of declare war. So the Framers of the This is a debate about power. Make the American people. It has happened Constitution did not intend for one no mistake about it. It is a debate before, and it will happen again. It can man to be able to declare war. The about power and who should wield it— happen again and very likely it will Framers of the Constitution did not in- the elected representatives of the peo- happen again. tend for one body to put this Nation ple or an unelected, unaccountable bu- Senators COLLINS and LIEBERMAN into a war. It required both bodies. The reaucrat nestled deep inside our Na- have argued that our mandate here Constitution says Congress—not just tion’s intelligence agencies. today is to implement the 9/11 Commis- the Senate, not just the House—Con- It goes to the heart of the balance of sion recommendations and that those gress, which is a combination of both, power between the executive and the recommendations include an intel- Congress shall have power to declare legislative branches of Government. I ligence director with strong budget au- war. So the Framers meant for that took an oath to support and defend thority. I respectfully submit that our very great question to be decided by a that Constitution, and I have tried to mandate as Senators—my mandate, at huge body of men. It was men in those do that now, I will soon be in my 59th least, as a Senator—first and foremost days, only men in the Congress of the year in government, in politics, in the is to protect and defend the Constitu- United States; but, of course, we know legislative branches of Government—at tion of the United States. what ‘‘Congress’’ meant—for anybody the State level and at the national We took an oath to do so, and that who serves. It is Congress made up of level. mandate supersedes any recommenda- the elected representatives of the Under the pending bill, the Treasury tions put forward by any commission, American people. So I have a mandate Secretary is authorized to create ap- including the 9/11 Commission. To pro- to listen to the American people. I propriations accounts to which the na- vide virtually unchecked flexibility to have a mandate to exercise whatever tional intelligence director can trans- an intelligence director to transfer judgment I have and can bring to bear fer funds. Get that. We are talking funds from one account to another in my own way to look at these things about an unelected bureaucrat who will would nullify and make meaningless and to ask questions. be able to transfer funds. The Collins- the legislative process of reviewing So there we were. We passed it in a Lieberman bill includes no limits on budget requests from the intelligence big hurry. The leadership on both sides how those funds can be used. agencies. It would nullify and make said: Let’s get this behind us. I am Let me say, I don’t see either of the meaningless congressional decisions talking about the resolution that was two managers on the floor but they are about how funds are allocated. passed by the U.S. Senate on October listening. I saw Senator LIEBERMAN Congressional judgment by elected 11, 2002, shifting the power, shifting the just a few minutes ago. I am sure he is lawmakers—I am elected; I am one of decision to put this country at war, in the premises here. One of the distin- the elected lawmakers. From time to shifting that decision away from the guished persons who is aiding the Gov- time I have to go back before the peo- Congress and handing it over lock, ernmental Affairs Committee in this ple and see if they want me to continue stock, and barrel to one man—the connection has nodded in the affirma- in this work. Congressional judgment President of the United States. It does tive. So I am not talking behind Sen- by elected lawmakers would be made not make any difference if he is a Dem- ator LIEBERMAN’s back. He is here. He subordinate to executive judgments by ocrat or a Republican, that power is his knows very well what I am saying, and unelected bureaucrats. and will be in the next President’s I am sure he will be very ready to The power of the purse for which our hand. He will have that power, and the counter my arguments. I respect him English ancestors spilled their blood next one, if he or she decides to use it. for that. and which has protected our demo- It will be there for them because there Let me say again, under the pending cratic institutions and individual is no sunset provision in that resolu- bill, the Treasury Secretary is author- rights for centuries would, in a very tion terminating that power. ized to create appropriations accounts large measure, pass to the executive I sought even to have the Congress to which the national intelligence di- branch. adopt an amendment which would have rector can transfer funds. The Collins- I am saying, in essence, that we need provided for a sunset provision in that Lieberman bill includes no limits on more time to discuss this amendment power so that within a year or at most how those funds can be used once they and to discuss this bill. I don’t know 2 years—and the circumstances were are transferred. Under current law, the what is in the bill. I have read parts of set forth in my amendment calling for intelligence director would be author- the bill, but I have many other duties a sunset provision, a termination of ized to transfer up to $3.5 billion from to perform, and I think we need more handing this power over to any Presi- the defense budget, giving this director time. This is a major bill. This is the dent, Republican or Democrat. Do you enormous transfer authority never con- very same thing we ran into when we know how many votes I got? Well, I got templated by the Congress. created the Department of Homeland 31 votes, including my own.

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.029 S04PT1 S10300 CONGRESSIONAL RECORD — SENATE October 4, 2004 I yet am astonished to this very day suggestion that we take our time. But port and defend, and yet we are going as to why the Members of the Senate of no, we are brushing that aside, and to do it with our ears closed, our eyes the United States sought not only to that was the decision on the part of closed, and our voices unheard. give that power to a President, one former Secretaries of Defense—for ex- We are being pressured to act fast be- man—whether he is Democrat or Re- ample, Mr. Cohen. It included both Re- fore we go home on October 8. I cannot publican, that is not the point—shift publicans and Democrats urging that imagine Senators condoning such that power to a President. I said: If we we take more time. I think we should sweeping budget transfer authority. are going to be foolish enough to do take more time here because we are Common sense and history suggest that, let’s at least have a sunset provi- doing some dangerous things in this that if one man is given control of our sion so we can terminate that power. bill. intelligence agencies and one man is But no, I got 31 votes, including my My amendment will keep the power given control over funds appropriated own—31 votes. What a shame that this of the purse where it belongs, not in to those agencies, abuses can occur, Senate and the House would give that the hands of the intelligence commu- may occur, and in all probability will power to an individual and say: It’s nity but here in the hands of the peo- occur at some point in time. Those yours, take it, keep it until we in the ple’s elected representatives in the abuses may manifest themselves in the Congress decide to repeal that provi- Congress. My amendment retains for violations of civil liberties, your lib- sion and take it back. How about that. the Congress the responsibility for de- erties. They may manifest themselves So the sunset provision was turned ciding how budget accounts for the in- in scandals such as those at Abu down. telligence director should be struc- Ghraib prison, or they may manifest I asked for more time. Oh, the leader- tured while allowing the flexibility the themselves as they did in the lead-up ship said: Let’s get this behind us. The Governmental Affairs Committee seeks to the war in Iraq through politicized President said: Get it behind you; we for the transfer of personnel and fund- intelligence. Therein lies a great dan- have an election coming. That was the ing within the intelligence community. ger. manipulation that was wrought to My amendment is an oversight amend- , on Sunday, have that key vote occur just a few ment. It guarantees better oversight wrote a very lengthy article—read it— days before the national elections in over the way these funds are going to entitled, ‘‘How the White House Em- the year 2002. be spent. braced Disputed Arms Intelligence.’’ Why, those Members who were up for Normally, when we pass an appro- I ask unanimous consent that the ar- reelection, as they voted on that reso- priation, we say to Mr. A, who is head ticle from the New York Times be re- lution, they certainly thought: If I vote of one agency: Here, you take this and printed in the RECORD at the close of against this, what is it going to do to you do this, and you do this, and you my remarks. The PRESIDING OFFICER (Mr. me and my reelection? People might do this, and you do this, and then come COCHRAN). Without objection, it is so think I am unpatriotic; I better vote back in a year and tell us what you did; ordered. for this; man, I have to be reelected; I come back in here tell us what you did (See exhibit 1.) have to be reelected; I am going to vote with our limitations to do this, do this, Mr. BYRD. Mr. President, the article for it; I have some questions about it, but don’t do this, don’t do this. Under explores how senior administration of- but I am going to put all questions those limitations the agency assures ficials, including President Bush and aside because we have an election com- Congress he will live up to the man- Vice President CHENEY, ‘‘repeatedly ing here. The leadership said: Put it be- date, he will do this, he will do this, failed to fully disclose the contrary hind us; let’s vote on it, get it behind and he will not do this that Congress views of America’s leading nuclear sci- us. said don’t do. entists’’ when asserting in 2002 that I said at the time: You will not get Well, that is not going to be the case. Saddam Hussein was rebuilding his nu- this behind you because this President This national intelligence director will clear weapons program. The article is not going to let you get it behind do whatever he wants to do, and then reads: you. It is in his favor to make you vote there will not be those limitations, ei- They sometimes overstated even the most before the election. You might vote dif- ther, on him or her. He is not going to dire intelligence assessments . . . ferently after the election. No, you be elected. He is going to be another It goes on to say: have to vote before the election. There bureaucrat—and I do not mean to yet minimized or rejected strong doubts of we were. We did not have time. I plead- speak in any derogatory manner con- nuclear experts. ed for time, time, wait until after the cerning bureaucrats because we have to The article goes on: election, let’s wait to hear what the have them—but they are not elected by Today, 18 months after the invasion of people have to say. the people. Iraq, investigators there have found no evi- Here again, we are pressed for time. All these seats—these chairs, as I call dence of . . . a revived nuclear weapons pro- We are going to go out on I believe it them—were here many years before I gram. is October 8 presumably for the elec- came, and they are filled with Members Secretary of State Colin Powell said tions, at least until they are over, so who are elected by the people of their last Friday he regretted the adminis- we are in a hurry. Let’s not wait until respective States. We have to answer tration’s claims that Iraq had stock- after the election; no, let’s get this be- to those people. piles of weapons of mass destruction in hind us. We have to do what the Com- This amendment limits the transfer making its case for war. mission says. What about the Constitu- of funds to $100 million or to 5 percent So the gut-wrenching question for tion? We are legislating in a tremen- of the Department or Agency budget, the Senator from Maine is—hear me—if dous hurry, and that is not good. whichever is the lesser. Senators we do this intelligence reorganization Former Secretary of State Henry should realize that even with the limi- hurriedly, are we willing to launch our Kissinger in his appearance before the tations included in this amendment, next preemptive war based on the pre- Appropriations Committee said that the intelligence director is granted sig- sumption that our handiwork has cor- ought to be put off. You need, I believe nificant authority to transfer funds. He rected our intelligence problems? That he said, 6 or 8 months. I am not sure I would still have significant authority. is a very serious question. am quoting him precisely. In essence, Given the history, though, of abuses of I will say it again: The gut-wrench- that was his message: Put it off; don’t power and the violation of civil lib- ing question for you, ROBERT C. BYRD, do it in a time before an election; don’t erties that have taken place within our and for every other Member of the Sen- do it under the heat that is generated; intelligence community, I cannot ate, remains: if we do this intelligence take your time; this is a measured, imagine Senators condoning such reorganization hurriedly, as we are measured decision, don’t rush it sweeping budget transfer authority. doing, are we willing to launch our through. Former Secretary of State Hear me, Senators. We should take next preemptive war based on the pre- Henry Kissinger showed the committee time. We are talking about rushing sumption that our handiwork has cor- the names of several other very impor- through a massive change, one which rected our intelligence problems? tant dignitaries who, by their experi- will have some bearing upon this Con- Think about it. That should sober ence, see the reasoning all joined in the stitution which we are sworn to sup- one up. The question remains, and we

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.032 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10301 are going to be held to it by the Amer- ently presiding over this body, and my- war marked by foreign policy failures ican people and by that Constitution: If self, two Senators. A major question is and scandals, with the death toll rising we do this intelligence reorganization before the Senate. We are talking daily and with no end in sight to the hurriedly, are we willing to launch our about your oversight duties as a Mem- chaos in Iraq. next preemptive war based on the pre- ber of the Senate, as you chair or as What a pickle. What a pickle we have sumption that our handiwork has cor- you serve on a committee—your over- put ourselves in. Now the Congress is rected our intelligence problems? sight; the oversight powers of the Con- confronted with an intelligence reform I say to Senators, again, preemptive gress, provided for in the Constitution bill, proposing to create a national in- attack is the official policy of this of the United States. Yet we are say- telligence director who will command Government. Preemptive attack today, ing, Well, forget it. 15 intelligence agencies and a $40 bil- under the Bush administration, is the The Congress must preserve its power lion budget. Rather than learn from official policy of this Government. to rein in—not just because it can but our mistakes, rather than take the Remember also that preemption is because the people expect it of the Con- time to thoughtfully consider this mat- totally antithetical to the U.S. Con- gress—our Nation’s intelligence agen- ter outside of Presidential politics, we stitution because it clearly cuts the cies and to rein in the executive branch are being pushed to finish this bill Congress out of decisions to go to war. when abuses like these occur. within a handful of days, finish this Preemption by its very nature pre- Further, we must do all we can to en- bill within a shirt-tail full of days, and cludes congressional debates or ap- sure that the new intelligence posi- to cede control over the allocation of proval of resolutions before com- tions created by the Collins-Lieberman the resources to the intelligence com- mencing to shed the blood of our sons bill are held accountable to the Con- munity. and our daughters. Preemption stands gress; in other words, to the people. Think about it. Think what you are on its face antithetical, opposite, 180 This Constitution, in its first three doing. Think what you are about to do, degrees, to this Constitution, which words, says, ‘‘We the people ....’’ So Senators. National security experts are says that the Congress shall have we have a responsibility. We have a pleading with the Congress to stop for power to declare war; the Congress, duty to the people we represent to see a minute. Hold on, here. Hold on, they meaning a group of people, two bodies, that these people are held accountable say. Stop for a minute to think about made up of men and women rep- to the Congress. what it is doing. resenting all of the States of this On page 47, the pending bill creates The Appropriations Committee heard Union. Congress shall declare war, not four deputy national intelligence direc- from a bipartisan array of witnesses one man. But the doctrine of preemp- tor positions as executive level 2 ap- urging the Congress to slow down. tion tells us the President—the Presi- pointments, the equivalent of a Deputy What is the hurry? What is the dent, not the Congress—the President Secretary of Defense or State. Yet hurry? shall have power to declare war. That none of these new positions is subject The list is impressive. These men are is the preemptive doctrine. That great to Senate confirmation. How about not Members of the Congress. Listen to power may send your son, your daugh- that? The Congressional Research them, though. They are saying, slow ter, your grandson, your granddaughter Service informs me that these deputy down. David Boren, former Senator to war. Who says so? One man, the intelligence directors would be—listen from the State of Oklahoma, former President of the United States. to this—the only executive level 2 ap- chairman of the Intelligence Com- So on its face it is unconstitutional. pointments in our Government not mittee in the Senate. How can a President declare war with- subject to confirmation by the Senate. Here is another former Senator, Bill out doing it clandestinely, secretly? If There you have it. These people are Bradley, saying let’s slow down here. he wants to bomb a certain country, he going to have tremendous responsibil- Slow down. Where is the hurry? Frank is not going to take it up with the Con- ities, but I am informed that these dep- Carlucci, former Secretary of Defense gress. He wants to be secret about this uty intelligence directors would be the under President Reagan. Here is a more because that strike has to be preemp- only executive level 2 appointments in recent Secretary of Defense, former tive. How can it be preemptive if it is our Government not subject to Senate Member of this body, a Republican, going to be debated by the Members of confirmation. William Cohen. Robert Gates, Gary the ? It can’t be So it is clear that more needs to be Hart, former U.S. Senator; Henry Kis- preemptive. done to ensure accountability to the singer, former Secretary of State; John Let us remember that intelligence— Congress. How much thought was given Hamre. remember, this is not just ROBERT to this in the distinguished committee? In the case of some of these, their ti- BYRD saying this—let us remember How much thought was given to this in tles have momentarily escaped me. that the intelligence was manipulated the Commission that recommends to Sam Nunn, former Senator from the to get us into the . Will it not the Congress these reforms? These State of Georgia and chairman of the be more easily manipulated in the clearly mean that more needs to be Senate Armed Services Committee; hands of one intelligence chief, a par- done to ensure accountability to the Warren Rudman, Republican, former tisan chief more free than ever to Congress. The intelligence failures of 9/ Senator from New Hampshire; George tweak intelligence to please a Presi- 11 and the intelligence failures in Iraq Shultz, former Secretary of State, Re- dent? It may be a Democratic Presi- are in part a testament to the dire con- publican—there you have it, an impres- dent. Does that make it any better? sequences of the Congress abdicating sive roster of Republicans and Demo- No. That makes no difference. its constitutional duties. The Congress crats who rendered great service to It is comforting to believe that our was rushed, as it oftentimes is—rushed, this country in one form or another. intelligence agencies will not be ma- pressured—could be pressured by cir- They are saying slow down. What is the nipulated for political gain, but it is cumstances only, but that is not quite hurry? What is the hurry? They are also naive to believe that. To turn over the case. Congress was rushed into cre- former Senators, former Department of to a greater degree the power of the ating a homeland security department, Defense Secretaries, former Secretaries purse to shadowy figures in the intel- and, in the process, it ceded authorities of State, Republicans and Democrats, ligence community is to invite abuses to the executive branch over organiza- all making the same plea: ‘‘Racing to like those that lead to scandal and to tion and personnel matters. The result implement reforms on an election the disgrace of the United States in the has been an underfunded homeland se- timetable is precisely the wrong thing eyes of the international community. curity agency whose effectiveness has to do.’’ Think of what we are doing here. It is been compromised, to some extent, by That is not ROBERT BYRD saying just like it was when we had that reso- turf wars and bureaucratic resistance. that. ROBERT BYRD is quoting these lu- lution before the Senate on which the So we rushed consideration of the minaries, and ROBERT BYRD feels the Senate voted on October 11, 2002. There war resolution with Iraq, and in the same way they do. is not another Senator on this floor, process ceded the constitutional au- ‘‘Racing to implement reforms on an except the distinguished Senator from thority to declare war to the White election timetable is precisely the Mississippi, Mr. COCHRAN, who is pres- House. The result has been a rush to wrong thing to do. Intelligence reform

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.035 S04PT1 S10302 CONGRESSIONAL RECORD — SENATE October 4, 2004 is too complex and too important to port and the release of its rec- sulted not in the strengthening but in undertake at a campaign breakneck ommendations prior to the Presi- the weakening of our national security speed.’’ dential election that we stand ready— and intelligence service, leaving more They are saying this subject matter stand, salute—to abdicate our constitu- Americans vulnerable to a terrorist at- deserves a thoughtful, comprehensive tional responsibilities rather than to tack. approach. Why in Heaven’s name are question or probe deeper into the po- In summary, it is a critical mistake we in all of this big hurry? Why is tential flaws of the Commission’s rec- to hand to an unelected intelligence there all of this hurry? I am not saying ommendations. chief nearly unfettered budget transfer there shouldn’t be reform. I am not I say again it is the same kind of authority. We are handing off the abil- saying that at all. I am saying this is thinking that occurred prior to the ity to exercise oversight. When we do a major undertaking and we ought to vote on the war resolution with Iraq, that, we cannot determine whether have the time and we ought to take the same mentality that led to the congressional intent for the people’s time to debate and ask questions and much regretted passage of the PA- tax dollars has been met. We will not to try to remove the gremlins that TRIOT Act with only a single dis- know about transfers until some time, may come to light if we take more senting vote in this Chamber, and that perhaps, after the fact. Millions of dol- time. led to the creation of a Homeland Secu- lars—nay, billions of dollars—could be The Wall Street Journal concluded in rity Department that now struggles moved around at the discretion of one August that: with its mission to make Americans man, an unelected figure, with no one The larger point here is that there is no safer from terrorism. the wiser. Resources could be switched need to rush to any quick political fix. I urge Senators, I plead with Sen- from one area of the world to another We may have a different President ators, I beg Senators to consider care- area of the globe at the discretion of after the election. He may appoint— fully their vote on this amendment. one man. Secret operations could be and probably would—a national intel- I am sure there are many Senators funded without the prior knowledge of ligence director who will be a different who have regretted and will regret to any Member of Congress at the discre- person from that whom the current their dying day their decision to vote tion of one man. This is one-man rule. President may appoint, should he be for the Iraq resolution that was passed Intelligence could be manipulated by reelected. We ought not to do this in by this body on October 11, 2002. I am one man, with discretion concerning such a big hurry. sure many Senators have lived to re- where to take away secret resources The Wall Street Journal continues: gret that vote because we were being and where to add them. We are contemplating the biggest change pressured: Hurry, hurry, hurry, get this Absolute power, Senators just heard, to our intelligence services since 1947, while vote behind us. We don’t want to talk corrupts absolutely, and the United we are fighting a war against a lethal enemy more about this. We want to talk about States is about to aid and abet that ... the economy. They will regret it. I truism. a war that in large measure has re- have had Senators tell me they regret Senators, Republicans and Demo- sulted from faulty intelligence. it. crats, we will rue the day when, be- Are we fixing that fault in this bill? I urge Senators to consider carefully cause of rushing and posturing and Are we dealing with 9/11 in this bill their vote on this amendment. Also, hurrying, we created a spy chief with without casting a watchful eye to the consider this Constitution and the oath such awesome power. future, to Iraq? How about it? I have taken this many times to sup- I ask unanimous consent to add the port and defend the Constitution of the That work should take some time—and names of Senator LEAHY, Senator DOR- beltway forbid, maybe even a little thought. United States. This Constitution pro- GAN, and Senator BURNS as cosponsors. vides for adequate oversight. It gives The PRESIDING OFFICER. Without That is a quotation from the Wall the Congress the power, the oversight. objection, it is so ordered. Street Journal of the month of August. This bill will, to a considerable ex- Mr. BYRD. May the record show that The case for stopping and thinking tent, take away that power. I am not John Hamre is a former Deputy De- for a moment grows even stronger seeking to undermine the intelligence fense Secretary and Robert Gates is a when one reads U.S. Circuit Court reforms proposed by the Governmental former CIA Director. Judge Richard Posner’s critique of the Affairs Committee. I seek only to en- [From the New York Times, Oct. 3, 2004] 9/11 Commission’s report in the New sure that the Congress retain its over- York Times Book Review. Judge HOW THE WHITE HOUSE EMBRACED DISPUTED sight functions in intelligence and na- ARMS INTELLIGENCE Posner writes: tional security matters. We owe it to (By David Barstow, William J. Broad and The enormous public relations effort that the people who had faith and con- Jeff Gerth) the commission orchestrated to win support fidence in us and who sent us here. In 2002, at a crucial juncture on the path to for the report before it could be digested . . We are not elected here, sent here, by . invites criticism . . . [as does] the commis- war, senior members of the Bush administra- sioners’ misplaced, though successful, quest any President of the United States. No tion gave a series of speeches and interviews for unanimity. . . . The Commission’s conten- President tapped me on the shoulder in which they asserted that Saddam Hussein tion that our intelligence structure is un- and said, go get him, boy, I am going to was rebuilding his nuclear weapons program. sound predisposed it to blame the structure see that you get it. No President can Speaking to a group of Wyoming Repub- for the failure of the 9/11 attacks, whether it licans in September, Vice President Dick do that. No President can tap me on Cheney said the United States now had ‘‘ir- did or not. And pressure for unanimity en- the shoulder and say: Boy, you are courages just the kind of herd thinking now refutable evidence’’—thousands of tubes gone; you won’t be back after this elec- made of high-strength aluminum, tubes that being blamed for that other recent intel- tion. No, no President can say that, ligence failure—the belief that Saddam Hus- the Bush administration said were destined sein possessed weapons of mass destruction. thank God. No President is king in this for clandestine Iraqi uranium centrifuges, . . . For all one knows, the price of una- country. Not here, no. We did not swear before some were seized at the behest of the nimity was adopting recommendations that an oath to adopt any particular com- United States. Those tubes became a critical exhibit in were the second choice [or maybe even the mission’s report. the administration’s brief against Iraq. As third or fourth choice] of many of the com- We should use our own best judgment the only physical evidence the United States mission’s members. . . . in this case, and in doing that we will could brandish of Mr. Hussein’s revived nu- The larger concern is not only that arrive at different signals, of course, clear ambitions, they gave credibility to the the Congress, in its rush to act, may but that is our responsibility. We owe apocalyptic imagery invoked by President botch the implementation of the 9/11 it to the victims of the September 11 Bush and his advisers. The tubes were ‘‘only Commission’s recommendation, but attack and their families to get these really suited for nuclear weapons programs,’’ that those recommendations may not reforms straight and to take time to Condoleezza Rice, the president’s national be as well-thought-out as the public re- study and debate them. Why not take security adviser, explained on CNN on Sept. 8, 2002. ‘‘We don’t want the smoking gun to lations campaign would have us be- more time? It would be a sad legacy if be a mushroom cloud.’’ lieve. the suffering of these victims of the But almost a year before, Ms. Rice’s staff We are so threatened by the politics September 11 attack, it would be a sad had been told that the government’s fore- surrounding the 9/11 Commission’s re- legacy if their suffering and loss re- most nuclear experts seriously doubted that

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.038 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10303 the tubes were for nuclear weapons, accord- Regarding the tubes, Mr. Tenet said ‘‘alter- Joe went to work on a new generation of ing to four officials at the Central Intel- native views were shared’’ with the adminis- centrifuges. Many European models stood no ligence Agency and two senior administra- tration after the intelligence community more than 10 feet tall. The American cen- tion officials, all of whom spoke on condition drafted a new National Intelligence Estimate trifuges loomed 40 feet high, and Joe’s job of anonymity. The experts, at the Energy in late September 2002. was to learn how to test and operate them. Department, believed the tubes were likely The tubes episode is a case study of the But when the project was canceled in 1985, intended for small artillery rockets. intersection between the politics of pre- Joe spent the next decade performing hazard The White House, though, embraced the emption and the inherent ambiguity of intel- analyses for nuclear reactors, gaseous diffu- disputed theory that the tubes were for nu- ligence. The tubes represented a scientific sion plants and oil refineries. clear centrifuges, an idea first championed puzzle and rival camps of experts clashed In 1997, Joe transferred to a national secu- in April 2001 by a junior analyst at the C.I.A. over the tiniest technical details in secure rity complex at Oak Ridge known as Y–12, Senior nuclear scientists considered that no- rooms in Washington, London and . his entry into intelligence work. His assign- tion implausible, yet in the months after The stakes were high, and they knew it. ment was to track global sales of material 9/11, as the administration built a case for So did a powerful vice president who saw in used in nuclear arms. He retired after two confronting Iraq, the centrifuge theory 9/11 horrifying confirmation of his long-held years, taking a buyout with hundreds of oth- gained currency as it rose to the top of the belief that the United States too often na- ers at Oak Ridge, and moved to the C.I.A. government. ively underestimates the cunning and ruth- The agency’s ability to assess nuclear in- Senior administration officials repeatedly lessness of its foes. telligence had markedly declined after the failed to fully disclose the contrary views of ‘‘We have a tendency—I don’t know if it’s cold war, and Joe’s appointment was part of America’s leading nuclear scientists, an ex- part of the American character—to say, an effort to regain lost expertise. He was as- amination by The New York Times has ‘Well sit down and we’ll evaluate the evi- signed to a division eventually known as found. They sometimes overstated even the dence, we’ll draw a conclusion,’’’ Mr. Cheney Winpac, for Weapons Intelligence, Non- most dire intelligence assessments of the said as he discussed the tubes in September proliferation and Arms Control. Winpac had tubes, yet minimized or rejected the strong 2002 on the NBC News program ‘‘Meet the hundreds of employees, but only a dozen or doubts of nuclear experts. They worried pri- Press.’’ so with a technical background in nuclear vately that the nuclear case was weak, but ‘‘But we always think in terms that we’ve arms and fuel production. None had Joe’s expressed sober certitude in public. got all the evidence,’’ he said. ‘‘Here, we hands-on experience operating centrifuges. Suddenly, Joe’s work was ending up in One result was a largely one-sided presen- don’t have all the evidence. We have 10 per- classified intelligence reports being read in tation to the public that did not convey the cent, 20 percent, 30 percent. We don’t know the White House. Indeed, his analysis was depth of evidence and argument against the how much. We know we have a part of the the primary basis for one of the agency’s administration’s most tangible proof of a re- picture. And that part of the picture tells us vived nuclear weapons program in Iraq. first reports on the tubes, which went to sen- that he is, in fact, actively and aggressively ior members of the Bush administration on Today, 18 months after invasion of Iraq, in- seeking to acquire nuclear weapons.’’ vestigators there have found no evidence of April 10, 2001. The tubes, the report asserted, JOE RAISES THE TUBE ISSUE hidden centrifuges or a revived nuclear ‘‘have little use other than for a uranium en- weapons program. The absence of unconven- Throughout the 1990’s, United States intel- richment program.’’ This alarming assessment was imme- tional weapons in Iraq is now widely seen as ligence agencies were deeply preoccupied diately challenged by the Energy Depart- evidence of a profound intelligence failure, of with the status of Iraq’s nuclear weapons ment, which builds centrifuges and runs the an intelligence community blinded by program, and with good reason. After the Persian Gulf war in 1991, arms in- government’s nuclear weapons complex. ‘‘group think,’’ false assumptions and unreli- The next day, Energy Department officials able human sources. spectors discovered that Iraq had been far closer to building an atomic bomb than even ticked off a long list of reasons why the Yet the tale of the tubes, pieced together tubes did not appear well suited for cen- through records and interviews with senior the worst-case estimates had envisioned. And no one believed that Saddam Hussein trifuges. Simply put, the analysis concluded intelligence officers, nuclear experts, admin- that the tubes were the wrong size—too nar- istration officials and Congressional inves- had abandoned his nuclear ambitions. To the contrary, in one secret assessment after an- row, too heavy, too long—to be of much tigators, reveals a different failure. practical use in a centrifuge. Far from ‘‘group think,’’ American nuclear other, the agencies concluded that Iraq was conducting low-level theoretical research What was more, the analysis reasoned, if and intelligence experts argued bitterly over the tubes were part of a secret, high-risk and quietly plotting to resume work on nu- the tubes. A ‘‘holy war’’ is how one Congres- venture to build a nuclear bomb, why were clear weapons. sional investigator described it. But if the the Iraqis haggling over prices with suppliers But at the start of the Bush administra- opinions of the nuclear experts were seem- all around the world? And why weren’t they tion, the intelligence agencies also agreed ingly disregarded at every turn, an over- shopping for all the other sensitive equip- that Iraq had not in fact resumed its nuclear whelming momentum gathered behind the ment needed for centrifuges? weapons program. Iraq’s nuclear infrastruc- C.I.A. assessment. It was a momentum built All fine questions. But if the tubes were ture, they concluded, had been dismantled by on a pattern of haste, secrecy, ambiguity, not for a centrifuge, what were they for? bureaucratic maneuver and a persistent fail- sanctions and inspections. In short, Mr. Hus- Within weeks, the Energy Department ex- ure in the Bush administration and among sein’s nuclear ambitions appeared to have perts had an answer. both Republicans and Democrats in Congress been contained. It turned out, they reported, that Iraq had to ask hard questions. Then Iraq started shopping for tubes. for years used high-strength aluminum tubes Precisely how knowledge of the intel- According to a 511-page report on flawed to make combustion chambers for slim rock- ligence dispute traveled through the upper prewar intelligence by the Senate Intel- ets fired from launcher pods. Back in 1996, reaches of the administration is unclear. Ms. ligence Committee, the agencies learned in inspectors from the International Atomic Rice knew about the debate before her Sept. early 2001 of a plan by Iraq to buy 60,000 Energy Agency had even examined some of 2002 CNN appearance, but only learned of the high-strength aluminum tubes from Hong those tubes, also made of 7075–T6 aluminum, alternative rocket theory of the tubes soon Kong. at a military complex, the Nasser metal fab- afterward, according to two senior adminis- The tubes were made from 7075–T6 alu- rication plant in Baghdad, where the Iraqis tration officials. President Bush learned of minum, an extremely hard alloy that made acknowledged making rockets. According to the debate at roughly the same time, a sen- them potentially suitable as rotors in a ura- the international agency, the rocket tubes, ior administration official said. nium centrifuge. Properly designed, such some 66,000 of them, were 900 millimeters in Last week, when asked about the tubes, tubes are strong enough to spin at the ter- length, with a diameter of 81 millimeters and administration officials said they relied on rific speeds needed to convert uranium gas walls 3.3 millimeters thick. repeated assurances by George J. Tenet, then into , an essential ingre- The tubes now sought by Iraq had precisely the director of central intelligence, that the dient of an atomic bomb. For this reason, the same dimensions—a perfect match. tubes were in fact for centrifuges. They also international rules prohibited Iraq from im- That finding was published May 9, 2001, in noted that the intelligence community, in- porting certain sizes of 7075–T6 aluminum the Daily Intelligence Highlight, a secret cluding the Energy Department, largely tubes; it was also why a new C.I.A. analyst Energy Department newsletter published on agreed that Mr. Hussein has revived his nu- named Joe quickly sounded the alarm. Intelink, a Web site for the intelligence com- clear program. At the C.I.A.’s request, The Times agreed munity and the White House. ‘‘These judgments sometimes require to use only Joe’s first name; the agency said Joe and his Winpac colleagues at the C.I.A. members of the intelligence community to publishing his full name could hinder his were not persuaded. Yes, they conceded, the make tough assessments about competing ability to operate overseas. tubes could be used as rocket casings. But interpretations of facts,’’ said Sean McCor- Joe graduated from the University of Ken- that made no sense, they argued in a new re- mack, a spokesman for the president. tucky in the late 1970’s with a bachelor’s de- port, because Iraq wanted tubes made at tol- Mr. Tenet declined to be interviewed. But gree in mechanical engineering, then joined erances that ‘‘far exceed any known conven- in a statement, he said he ‘‘made it clear’’ to the Goodyear Atomic Corporation, which tional weapons.’’ In other words, Iraq was de- the White House ‘‘that the case for a possible dispatched him to Oak Ridge, Tenn., a fed- manding a level of precision craftsmanship nuclear program in Iraq was weaker than eral complex that specializes in uranium and unnecessary for ordinary mass-produced that for chemical and biological weapons.’’ national security research. rockets.

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.005 S04PT1 S10304 CONGRESSIONAL RECORD — SENATE October 4, 2004 More to the point, those analysts had hit Unlike Joe, experts at the international speeches as vice president. ‘‘Adams like to on a competing theory; that the tubes’ di- agency had worked with Zippe centrifuges, say, ‘The facts are stubborn things.’ What- mensions matched those used in an early and they spent hours with him explaining ever the issue, we are going to deal with uranium centrifuge developed in the 1950’s by why they believed his analysis was flawed. facts and show a decent regard for other a German scientist, Gernot Zippe. Most cen- They pointed out errors in his calculations. points of view.’’ trifuge designs are highly classified; this They noted design discrepancies. They also With the Taliban routed in Afghanistan one, though, was readily available in science sent reports challenging the centrifuge claim after Sept. 11, Mr. Cheney and his aides reports. to American government experts through began to focus on intelligence assessments of Thus, well before Sept. 11, 2001, the debate the embassy in Vienna, a senior official said. Saddam Hussein. Mr. Cheney had long ar- within the intelligence community was al- Likewise, Britain’s experts believe the gued for more forceful action to topple Mr. ready neatly framed: Were the tubes for tubes would need ‘‘substantial re-engineer- Hussein. But in January 2002, according to rockets or centrifuges? ing’’ to work in centrifuges, according to Mr. Woodward’s book, the C.I.A. told Mr. EXPERTS ATTACK JOE’S CASE Britain’s review of its prewar intelligence. Cheney that Mr. Hussein could not be re- It was a simple question with enormous Their experts found it ‘‘paradoxical’’ that moved with covert action alone. His ouster, implications. If Mr. Hussein acquired nuclear Iraq would order such finely crafted tubes the agency said, would take an invasion, weapons, American officials feared, he would only to radically rebuild each one for a cen- which would require persuading the public wield them to menace the Middle East. So trifuge. Yes, it was theoretically possible, that Iraq posted a threat to the United the tube question was critical, yet none too but an Energy Department analyst later told States. easy to answer. The United States had few Senate investigators, it was also theoreti- The evidence for that case was buried in spies in Iraq, and certainly none who knew cally possible to ‘‘turn your new Yugo into a classified intelligence files. Mr. Cheney and Mr. Hussein’s plans for the tubes. Cadillac.’’ his aides began to meet repeatedly with ana- But the tubes themselves could yield many In late 2001, intelligence analysts at the lysts who specialized in Iraq and unconven- secrets. A centrifuge is an intricate device. State Department also took issue with Joe’s tional weapons. They wanted to know about Not any old tube would do. Carefully inquiry work in reports prepared for Secretary of any Iraqi ties to Al Qaeda and Baghdad’s might answer the question. State Colin Powell. Joe was ‘‘very convinced, ability to make unconventional weapons. The intelligence community embarked on but not very convincing,’’ recalled Greg ‘‘There’s no question they had a point of an ambitious international operation to Thielmann, then director of strategic, pro- view, but there was no attempt to get us to intercept the tubes before they could get to liferation and military affairs in the Bureau hew to a particular point of view ourselves, Iraq. The big break came in June 2001; a of Intelligence and Research. or to come to a certain conclusion,’’ the dep- shipment was seized in Jordan. By year’s end, Energy Department ana- uty director of analysis at Winpac told the At the Energy Department, those exam- lysts published a classified report that even Senate Intelligence Committee. ‘‘It was try- ining the tubes included scientists who had more firmly rejected the theory that the ing to figure out, why do we come to this spent decades designing and working on cen- tubes could work as rotors in a 1950’s Zippe conclusion, what was the evidence. A lot of trifuges, and intelligence officers steeped in centrifuge. These particular Zippe cen- questions were asked, probing questions.’’ the tricky business of tracking the nuclear trifuges, they noted, were especially ill suit- Of all the worst-case possibilities, the most ambitions of America’s enemies. They in- ed for bomb making. The machines were a terrifying was the idea that Mr. Hussein cluded Dr. Jon A. Kreykes, head of Oak prototype designed for laboratory experi- might slip a to terrorists, Ridge’s national security advanced tech- ments and mean to be operated as single and Mr. Cheney and his staff zeroed in on Mr. nology group; Dr. Duane F. Starr, an expert units. To produce enough enriched uranium Hussein’s nuclear ambitions. on threats; and Dr. Ed- to make just one bomb a year, Iraq would Mr. Cheney, for example, read a Feb. 12, ward Von Halle, a retired Oak Ridge nuclear need up to 16,000 of them working in concert, 2002, report from the Defense Intelligence expert, Dr. Houston G. Wood III, a professor a challenge for even the most sophisticated Agency about Iraq’s reported attempts to of engineering at the centrifuge plants. buy 500 tons of yellowcake, a uranium con- who had helped design the 40-foot American Iraq had never made more than dozen cen- centrate, from Niger, according to the Sen- centrifuge, advised the team and consulted trifuge prototypes. Half failed when rotors ate Intelligence Committee report. Many with Dr. Zippe. broke. Of the rest, one actually worked to American intelligence analysts did not put On questions about nuclear centrifuges, enrich uranium, Dr. Mahdi Obeidi, who once much stock in the Niger report. Mr. Cheney this was unambiguously the A–Team of the ran Iraq’s centrifuge program, said in an pressed for more information. intelligence community, many experts say. interview last week. At the same time, a senor intelligence offi- On Aug. 17, 2001, weeks before the twin The Energy Department team concluded it cial said, the agency was fielding repeated towers fell, the team published a secret was ‘‘unlikely that anyone’’ could build a requests from Mr. Cheney’s office for intel- Technical Intelligence Note, a detailed anal- centrifuge site capable of producing signifi- ligence about the tubes, including updates on ysis that laid out its doubts about the tubes’ cant amounts of enriched uranium ‘‘based on Iraq’s continuing efforts to procure thou- suitability for centrifuges. these tubes.’’ One analyst summed it up this sands more after the seizure in Jordan. First, in size and material, the tubes were way: the tubes were so poorly suited for cen- ‘‘Remember,’’ Dr. David A. Kay, the chief very different from those Iraq had used in its trifuges, he told Senate investigators, that if American arms inspector after the war, said centrifuge prototypes before the first gulf Iraq truly wanted to use them this way, ‘‘we in an interview, ‘‘the tubes were the only war. Those models used tubes that were should just give them the tubes.’’ piece of physical evidence about the Iraqi nearly twice as wide and made of exotic ma- ENTER CHENEY weapons programs that they had.’’ terials that performed far better than alu- In March 2002, Mr. Cheney traveled to Eu- In the months after Sept. 11, 2001, as the minum. ‘‘Aluminum was a huge step back- rope and the Middle East to build support for Bush administration devised a strategy to wards,’’ Dr. Wood recalled. a confrontation with Iraq. It is not known fight Al Qaeda, Vice President Cheney im- In fact, the team could find no centrifuge whether he mentioned Niger or the tubes in mersed himself in the world of top-secret machines ‘‘deployed in a production environ- his meetings. But on his return, he made it threat assessments. Bob Woodward, in his ment’’ that used such narrow tubes. Their clear that he had repeatedly discussed Mr. book ‘‘Plan of Attack,’’ described Mr. Che- walls were three times too thick for ‘‘favor- Hussein and the nuclear threat. ney as the administration’s new ‘‘self-ap- able use’’ in a centrifuge, the team wrote. ‘‘He is actively pursuing nuclear weapons pointed special examiner of worst-case sce- They were also anodized, meaning they had a at this time,’’ Mr. Cheney asserted on CNN. narios,’’ and it was a role that fit. special coating to protect them from weath- At the time, the C.I.A. had not reached so Mr. Cheney had grappled with national se- er. Anodized tubes, the team pointed out, are firm a conclusion. But on March 12, the day curity threats for three decades, first as ‘‘not consistent’’ with a uranium centrifuge Mr. Cheney landed in the Middle East, he President Gerald R. Ford’s chief of staff, because the coating can produce bad reac- and other senior administration officials had later as secretary of defense for the first tions with uranium gas. been sent two C.I.A. reports about the tubes. In other words, if Joe and his Winpac col- President Bush. He was on intimate terms Each cited the tubes as evidence that ‘‘Iraq leagues were right, it meant that Iraq had with the intelligence community, 15 spy currently may be trying to reconstitute its chosen to forsake years of promising cen- agencies that frequently feuded over the sig- gas centrifuge program.’’ nificance of raw intelligence. He knew well trifuge work and instead start from scratch, Neither report, however, mentioned that their record of getting it wrong (the Bay of with inferior material built to less-than-op- leading centrifuge experts at the Energy De- Pigs) and underestimating threats (Mr. Hus- timal dimensions. partment strongly disagreed, according to The Energy Department experts did not sein’s pre-1991 nuclear program) and failing Congressional officials who have read the re- think that made much sense. They concluded to connect the dots (Sept. 11). ports. that using the tubes in centrifuges ‘‘is cred- As a result, the vice president was not sim- ible but unlikely, and a rocket production is ply a passive recipient of intelligence anal- WHAT WHITE HOUSE IS TOLD the much more likely end use for these ysis. He was known as a man who asked As the Senate Intelligence Committee re- tubes.’’ Similar conclusions were being hard, skeptical questions, a man who paid port made clear, the American intelligence reached by Britain’s intelligence service and attention to detail. ‘‘In my office I have a community ‘‘is not a level playing field when experts at the International Atomic Energy picture of John Adams, the first vice presi- it comes to the competition of ideas in intel- Agency, a United Nations body. dent,’’ Mr Cheney said in one of his first ligence analysis.’’

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.006 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10305 The C.I.A. has a distinct edge: ‘‘unique ac- Four agency officials insisted that Winpac Joe’s superiors strongly defend his work cess to policy makers and unique control of analysts repeatedly explained the con- and say his words were taken out of context. intelligence reporting,’’ the report found. trasting assessments during briefings with They describe him as diligent and profes- The Presidential Daily Briefs, for example, senior National Security Council officials sional, an open-minded analyst willing to go are prepared and presented by agency ana- who dealt with nuclear proliferation issues. the extra mile to test his theories. ‘‘Part of lysts; the agency’s director is the president’s ‘‘We think we were reasonably clear about the job of being an analyst is to evaluate al- principal intelligence adviser. This allows this,’’ a senior C.I.A. official said. ternative hypotheses and possibilities, to agency analysts to control the presentation A senior administration official confirmed build a case, think of alternatives,’’ a senior of information to policy makers ‘‘without that Winpac was indeed candid about the dif- agency official said. ‘‘That’s what Joe did in having to explain dissenting views or defend fering views. The official, who recalled at this case. If he turned out to be wrong, that’s their analysis from potential challenges,’’ least a half dozen C.I.A. briefings on tubes, not an offense. He was expected to be wrong the committee’s report said. said he knew by late 2001 that there were dif- occasionally.’’ This problem, the report said, was ‘‘par- fering views on the tubes. ‘‘To the best of my Still, the bureaucratic infighting was by ticularly evident’’ with the C.I.A.’s analysis knowledge, he never hid anything from me,’’ then so widely known that even the Aus- of the tubes, when agency analysts ‘‘lost ob- the official said of his counterpart at tralian government was aware of it. ‘‘U.S. jectivity and in several cases took action Winpac. agencies differ on whether aluminum tubes, that improperly excluded useful expertise This official said he also spoke to senior a dual-use item sought by Iraq, were meant from the intelligence debate.’’ In interviews, officials at the Department of Energy about for gas centrifuges,’’ Australia’s intelligence Senate investigators said the agency’s writ- the tubes, and a spokeswoman for the de- services wrote in a July 2002 assessment. The ten assessments did a poor job of describing partment said in a written statement that same report said the tubes evidence was the debate over the intelligence. the agency ‘‘strongly conveyed its viewpoint ‘‘patchy and inconclusive.’’ From April 2001 to September 2002, the to senior policy makers.’’ There was a mechanism, however, to re- agency wrote at least 15 reports on the tubes. But if senior White House officials under- solve the dispute. It was called the Joint Many were sent only to high-level policy stood the department’s main arguments Atomic Energy Intelligence Committee, a se- makers, including President Bush, and did against the tubes, they also took into ac- cret body of experts drawn from across the not circulate to other intelligence agencies. count its caveats. ‘‘As for as I know,’’ the federal government. For a half century, None have been released, though some were senior administration official said, ‘‘D.O.E. Jaeic (pronounced jake) has been called on described in the Senate’s report. never concluded that these tubes could not to resolve disputes and give authoritative as- Several senior C.I.A. officials insisted that be used for centrifuges.’’ sessments about nuclear intelligence. The those reports did describe at least in general A REFEREE IS IGNORED committee had specifically assessed the Iraqi terms the intelligence debate. ‘‘You don’t go Over the summer of 2002, the White House nuclear threat in 1989, 1997 and 1999. An En- into all that detail but you do try to evince secretly refined plans to invade Iraq and de- ergy Department expert was the committee’s it when you write your current product,’’ one bated whether to seek more United Nations chairman in 2002, and some department offi- agency official said. inspections. At the same time, in response to cials say the C.I.A. opposed calling in Jaeic But several Congressional and intelligence a White House request in May, C.I.A. offi- to mediate the tubes fight. officials with access to the 15 assessments cials were quietly working on a report that Not so, agency officials said. In July 2002, said not one of them informed senior policy would lay out for the public declassified evi- they insist, they were the first intelligence makers of the Energy Department’s dissent. dence of Iraq’s reported unconventional agency to seek Jaeic’s intervention. ‘‘I per- They described a series of reports, some with weapons and ties to terror groups. sonally was concerned about the extent of ominous titles, that failed to convey either That same summer the tubes debate con- the community’s disagreement on this and the existence or the substance of the inten- tinued to rage. The primary antagonists the fact that we weren’t getting very far,’’ a sifying debate. were the C.I.A. and the Energy Department, senior agency official recalled. Over and over, the reports restated Joe’s with other intelligence agencies drawn in on The committee held a formal session in main conclusions for the C.I.A.—that the either side. early August to discuss the debate, with tubes matched the 1950’s Zippe centrifuge de- Much of the strife centered on Joe. At first more than a dozen experts on both sides in sign and were built to specifications that glance, he seem an unlikely target. He held attendance. A second meeting was scheduled ‘‘exceeded any known conventional weapons a relatively junior position, and according to for later in August but was postponed. A application.’’ They did not state what En- the C.I.A. he did not write the vast majority third meeting was set for early September; it ergy Department experts had noted—that of the agency’s reports on the tubes. He has never happened either. many common industrial items, even alu- never met Mr. Cheney. His one trip to the ‘‘We were O.B.E.—overcome by events,’’ an minum cans, were made to specifications as White House was to take his family on the official involved in the proceedings recalled. good or better than the tubes sought by Iraq. public tour. WHITE HOUSE MAKES A MOVE Nor did the reports acknowledge a signifi- But he was, as one staff member on the cant error in Joe’s claim—that the tubes Senate Intelligence Committee put it, ‘‘the ‘‘The case of Saddam Hussein, a sworn ‘‘matched’’ those used in a Zippe centrifuge. ringleader’’ of a small group of Winpac ana- enemy of our country, requires a candid ap- The tubes sought by Iraq had a wall thick- lysts who were convinced that the tubes praisal of the facts,’’ Mr. Cheney said on ness of 3.3 millimeters. When Energy Depart- were destined for centrifuges. His views car- Aug. 26, 2002, at the outset of an address to ment experts checked with Dr. Zippe, a step ried special force within the agency because the of Foreign Wars national con- Joe did not take, they learned that the walls he was the only Winpac analyst with experi- vention in Nashville. of Zippe tubes did not exceed 1.1 millimeters, ence operating uranium centrifuges. In Warning against ‘‘wishful thinking or will- a substantial difference. meetings with other intelligence agencies, ful blindness,’’ Mr. Cheney used the speech ‘‘They never lay out the other case,’’ one he often took the lead in arguing the tech- to lay out a rationale for pre-emptive action Congressional official said of those C.I.A. as- nical basis for the agency’s conclusions. against Iraq. Simply resuming United Na- sessments. ‘‘Very few people have the technical tions inspections, he argued, could give The Senate report provides only a partial knowledge to independently arrive at the ‘‘false comfort’’ that Mr. Hussein was con- picture of the agency’s communications with conclusion he did,’’ said Dr. Kay, the weap- tained. the White House. In an arrangement en- ons inspector, when asked to explain Joe’s ‘‘We now know Saddam has resumed his ef- dorsed by both parties, the Intelligence Com- influence. forts to acquire nuclear weapons,’’ he de- mittee agreed to delay an examination of Without identifying him, the Senate Intel- clared, words that quickly made headlines whether White House descriptions of Iraq’s ligence Committee’s report repeatedly ques- worldwide. ‘‘Many of us are convinced that military capabilities were ‘‘substantiated by tioned Joe’s competence and integrity. It Saddam will acquire nuclear weapons fairly intelligence information.’’ As a result, Sen- portrayed him so determined to prove his soon. Just how soon, we cannot really gauge. ate investigators were not permitted to theory that he twisted test results, ignored Intelligence is an uncertain business, even in interview White House officials about what factual discrepancies and excluded dis- the best of circumstances.’’ they knew of the tubes debate and when they senting views. But the world, Mr. Cheney warned, could knew it. The Senate report, for example, challenged ill afford to once again underestimate Iraq’s But in interviews, C.I.A. and administra- his decision not to consult the Energy De- progress. tion officials disclosed that the dissenting partment on tests designed to see if the ‘‘Armed with an arsenal of these weapons views were repeatedly discussed in meetings tubes were strong enough for centrifuges. of terror, and seated atop 10 percent of the and telephone calls. Asked why he did not seek their help, Joe world’s oil reserves, Saddam Hussein could One senior official at the agency said its told the committee: ‘‘Because we funded it. then be expected to seek domination of the ‘‘fundamental approach’’ was to tell policy It was our testing. We were trying to prove entire Middle East, take control of a great makers about dissenting views. Another sen- some things that we wanted to prove with portion of the world’s energy supplies, di- ior official acknowledged that some of their the testing.’’ The Senate report singled out rectly threaten America’s friends through- agency’s reports ‘‘weren’t as well caveated that comment for special criticism, saying, out the region, and subject the United States as, in retrospect, they should have been.’’ ‘‘The committee believes that such an effort or any other nation to nuclear blackmail.’’ But he added, ‘‘There was certainly nothing should never have been intended to prove A week later President Bush announced that was hidden.’’ what the C.I.A. wanted to prove.’’ that he would ask Congress for authorization

VerDate jul 14 2003 00:49 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.008 S04PT1 S10306 CONGRESSIONAL RECORD — SENATE October 4, 2004 to oust Mr. Hussein. He also met that day held secrets regarding Iraq. Not only did Mr. nity. But if Mr. Tenet’s lack of knowledge with senior members of the House and Sen- Cheney draw attention to the tubes; he did meant the president was given incomplete ate, some of whom expressed concern that so with a certitude that could not be found information about the tubes, there was still the administration had yet to show the in even the C.I.A.’s assessments. On ‘‘Meet plenty of time for the White House to be- American people tangible evidence of an im- the Press,’’ Mr. Cheney said he knew ‘‘for come fully informed. minent threat. The fact that Mr. Hussein sure’’ and ‘‘in fact’’ and ‘‘with absolute cer- Yet so far, Senate investigators say, they gassed his own people in the 1980’s, they ar- tainty’’ that Mr. Hussein was buying equip- have found little evidence the White House gued, was not sufficient evidence of a threat ment to build a nuclear weapon. tried to find out why so many experts dis- to the United States in 2002. ‘‘He has reconstituted his nuclear pro- puted the C.I.A. tubes theory. If anything, President Bush got the message. He di- gram,’’ Mr. Cheney said flatly. administration officials minimized the di- rected Mr. Cheney to give the public and But in the C.I.A. reports, evidence ‘‘sug- vide. Congress a more complete picture of the lat- gested’’ or ‘‘could mean’’ or ‘‘indicates’’—a On Sept. 13, The Times made the first pub- est intelligence on Iraq. word used in a report issued just weeks ear- lic mention of the tubes debate in the sixth In his Nashville speech, Mr. Cheney had lier. Little if anything was asserted with ab- paragraph of an article on Page A13. In it an not mentioned the aluminum tubes or any solute certainty. The intelligence commu- unidentified senior administration official other fresh intelligence when he said, ‘‘We nity had not yet concluded that Iraq had in- dismissed the debate as a ‘‘footnote, not a now know that Saddam has resumed his ef- deed reconstituted its nuclear program. split.’’ Citing another unidentified adminis- forts to acquire nuclear weapons.’’ The one ‘‘The vice president’s public statements tration official, the story reported that the specific source he did cite was Hussein have reflected the evolving judgment of the ‘‘best technical experts and nuclear sci- Kamel al-Majid, a son-in-law of Mr. Hus- intelligence community,’’ Kevin Kellems, entists at laboratories like Oak Ridge sup- sein’s who defected in 1994 after running Mr. Cheney’s spokesman, said in a written ported the C.I.A. assessments.’’ Iraq’s chemical, biological and nuclear weap- statement. As a senior Oak Ridge official pointed out ons programs. But Mr. Majid told American The C.I.A. routinely checks presidential to the Intelligence Committee, ‘‘the vast intelligence officials in 1995 that Iraq’s nu- speeches that draw on intelligence reports. majority of scientists and nuclear experts’’ clear program had been dismantled. What’s This is how intelligence professionals pull in the Energy Department’s laboratories in more, Mr. Majid could not have had any in- politicians back from factual errors. One fact disagreed with the agency. But on Sept. sight into Mr. Hussein’s current nuclear ac- such opportunity came soon after Mr. Che- 13, the day the article appeared, the Energy tivities: he was assassinated in 1996 on his re- ney’s appearance on ‘‘Meet the Press.’’ On Department sent a directive forbidding em- turn to Iraq. Sept. 11, 2002, the White House asked the ployees from discussing the subject with re- The day after President Bush announced agency to clear for possible presidential use porters. he was seeking Congressional authorization, a passage on Iraq’s nuclear program. The The Energy Department, in a written Mr. Cheney and Mr. Tenet, the director of passage included this sentence: ‘‘Iraq has statement, said that it was ‘‘completely ap- central intelligence, traveled to Capitol Hill made several attempts to buy high-strength propriate’’ to remind employees of the need to brief the four top Congressional leaders. aluminum tubes used in centrifuges to en- to protect nuclear secrets and that it had After the 90-minute session, J. Dennis rich uranium for nuclear weapons.’’ made no effort ‘‘to quash dissent.’’ Hastert, the House speaker, told Fox News The agency did not ask speechwriters to It closed hearings that month, Congress that Mr. Cheney had provided new informa- make clear that centrifuges were but one began to hear testimony about the debate. tion about unconventional weapons, and Fox possible use, that intelligence experts were Several Democrats said in interviews that went on to report that one source said the divided and that the tubes also matched secrecy rules had prevented them from new intelligence described ‘‘just how dan- those used in Iraqi rockets. In fact, accord- speaking out about the gap between the ad- gerously close Saddam Hussein has come to ing to the Senate’s investigation, the agency ministration’s view of the tubes and the developing a nuclear bomb.’’ suggested no changes at all. more benign explanations described in classi- Tom Daschle, the South Dakota Democrat The next day President Bush used vir- fied testimony. and Senate majority leader, was more cau- tually identical language when he cited the One senior C.I.A. official recalled cau- tious. ‘‘What has changed over the course of aluminum tubes in an address to the United tioning members of Congress in a closed ses- the last 10 years, that brings this country to Nations General Assembly. sion not to speak publicly about the possi- the belief that it has to act in a pre-emptive bility that the tubes were for rockets. ‘‘If DISSENT, BUT TO LITTLE EFFECT fashion in invading Iraq?’’ he asked. people start talking about that and the A few days later, on Sept. 8., the lead arti- The administration’s talk of clandestine Iraqis see that people are saying rocket bod- cle on Page 1 of The New York Times gave centrifuges, nuclear blackmail and mush- ies, that will automatically become their ex- the first detailed account of the aluminum room clouds had a powerful political effect, planation whenever anyone goes to Iraq,’’ tubes. The article cited unidentified senior particularly on senators who were facing fall the official said in an interview. administration officials who insisted that election campaigns. ‘‘When you hear about So while administration officials spoke the dimensions, specifications and numbers nuclear weapons, this is the national secu- freely about the agency’s theory, the evi- of tubes sought showed that they were in- rity knock-out punch,’’ said Senator Ron dence that best challenged this view re- tended for a nuclear weapons program. Wyden, a Democrat from Oregon who sits on mained almost entirely off limits for public ‘‘The closer he gets to a nuclear capability, the Intelligence Committee and ultimately debate. the more credible is his threat to use chem- voted against authorizing war. In late September, the C.I.A. sent policy- ical and biological weapons,’’ a senior ad- Even so, it did not take long for questions makers its most detailed report on the tubes. ministration official was quoted as saying. to surface over the administration’s claims For the first time, an agency report ac- ‘‘Nuclear weapons are his hole card.’’ about Mr. Hussein’s nuclear capabilities. As knowledged that ‘‘some in the intelligence The article gave no hint of a debate over it happened, Senator Dianne Feinstein, an- community’’ believed rocket were ‘‘more the tubes. other Democratic member of the Intelligence likely end uses’’ for the tubes, according to The White House did much to increase the Committee, had visited the International officials who have seen the report. impact of The Times’ article. The morning it Atomic Energy Agency in Vienna in August Meanwhile, at the Energy Department, sci- was published, Mr. Cheney went on the NBC 2002. Officials there, she later recalled, told entists were startled to find senior White News program ‘‘Meet the Press’’ and con- her they saw no signs of a revived nuclear House officials embracing a view of the tubes firmed when asked that the tubes were the weapons program in Iraq. they considered thoroughly discredited. ‘‘I most alarming evidence behind the adminis- At that point, the tubes debate was in its was really shocked in 2002 when I saw it was tration’s view that Iraq had resumed its nu- 16th month. Yet Mr. Tenet, of the C.I.A., the still there,’’ Dr. Wood, the Oak Ridge ad- clear weapons program. The tubes, he said, man most responsible for briefing President viser, said of the centrifuge claim. ‘‘I had ‘‘raised our level of concern.’’ Ms. Rice, Bush on intelligence, told the committee thought it had been put to bed.’’ the national security adviser, went on CNN that he was unaware until that September of Members of the Energy Department team and said the tubes ‘‘are only really suited for the profound disagreement over critical evi- took a highly unusual step: They began nuclear weapons programs.’’ dence that Mr. Bush was citing to world working quietly with a Washington arms- Neither official mentioned that the na- leaders as justification for war. control group, the Institute for Science and tion’s top nuclear design experts believed Even now, committee members from both International Security, to help the group in- overwhelmingly that the tubes were poorly parties express baffled anger at this possi- form the public about the debate, said one suited for centrifuges. bility. How could he not know? ‘‘I don’t even team member and the group’s president, Mr. Cheney, who has a history of criti- understand it,’’ Olympia Snowe, a Repub- David Albright. cizing officials who disclose sensitive infor- lican senator from Maine, said in an inter- On Sept. 23, the institute issued the first in mation, typically refuses to comment when view. ‘‘I cannot comprehend the failures in series of lengthy reports that repeated some asked about secret intelligence. Yet on this judgment or breakdowns in communica- of the Energy Department’s arguments day, with a Gallup poll showing that 58 per- tion.’’ against the C.I.A. analysis, though no classi- cent of Americans did not believe President Mr. Tenet told Senate investigators that fied ones. Still, after more than 16 months of Bush had done enough to explain why the he did not expect to learn of dissenting opin- secret debate, it was the first public airing of United States should act against Iraq, Mr. ions ‘‘until the issue gets joined’’ at the facts that undermined the most alarming Cheney spoke openly about one of the closest highest levels of the intelligence commu- suggestions about Iraq’s nuclear threat.

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.009 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10307 The reports got little attention, partly be- Cheney that Iraq was in aggressive pursuit of speech in Cincinnati in which he described cause reporters did not realize they had been the atomic bomb. the ‘‘grave threat’’ that Iraq and its ‘‘arsenal done with the cooperation of top Energy De- Asked when Mr. Cheney became aware of of terror’’ posed to the United States. He partment experts. The Washington Post ran the disagreements over the tubes, Mr. dwelled longest on nuclear weapons, review- a brief article about the findings on Page Kellems, his spokesman, said, ‘‘The vice ing much of the evidence outlined in the es- A18. Many major newspapers, including The president knew about the debate at about timate. The C.I.A. had warned him away Times, ran nothing at all. the time of the National Intelligence Esti- from mentioning Niger. SCRAMBLING FOR AN ‘‘ESTIMATE’’ mated.’’ ‘‘Facing clear evidence of peril,’’ the presi- Today, the Intelligence Committee’s re- dent concluded, ‘‘we cannot wait for the final Soon after Mr. Cheney’s appearance on port makes clear, that 93-page estimate proof—the smoking gun—that could come in ‘‘Meet Press,’’ Democratic senators began stands as one of the most flawed documents the form of a mushroom cloud.’’ pressing for a new National Intelligence Es- in the history of American intelligence. The Four days later, on Oct. 11, the Senate timate on Iraq, terrorism and unconven- committee concluded unanimously that voted 77–23 to give Mr. Bush broad authority tional weapons. A National Intelligence Esti- most of the major findings in the estimate to invade Iraq. The resolution stated that mate is a classified document that is sup- were wrong, unfounded or overblown. Iraq posed ‘‘a continuing threat’’ to the posed to reflect the combined judgment of This was especially true of the nuclear sec- United States by, among other things, ‘‘ac- the entire intelligence community. The last tion. tively seeking a nuclear weapons capa- such estimate had been done in 2000. Estimates express their most important bility.’’ Most estimates take months to complete. findings with high, moderate or low con- Many Senators who voted for the resolu- But this one had to be done in days, in time fidence levels. This one claimed ‘‘moderate tion emphasized the nuclear threat. for an October vote on a war resolution. confidence’’ on how fast Iraq could have a ‘‘The great danger is a nuclear one,’’ Sen- There was little time for review or reflec- bomb, but ‘‘high confidence’’ that Baghdad ator Feinstein, the California Democrat, said tion, and no time for Jaeic, the joint com- was rebuilding its nuclear program. And the on the Senate floor. mittee, to reconcile deep analytical dif- tubes were the leading and most detailed evi- But Senator Bob Graham, then chairman ferences. dence cited in the body of the report. of the Intelligence Committee, said he voted This was a potentially thorny obstacle for According to the committee, the passages against the resolution in part because of those writing the nuclear section: What do on the tubes, which adopted much of the doubts about the tubes. ‘‘It reinforced in my you do when the nation’s nuclear experts C.I.A. analysis, were misleading and riddled mind pre-existing questions I had about the strongly doubt the linchpin evidence behind with factual errors. unreliability of the intelligence community, the C.I.A.’s claims that Iraq was rebuilding The estimate, for example, included a especially the C.I.A.,’’ Mr. Graham, a Florida its nuclear weapons program? chart intended to show that the dimensions Democrat, said in an interview. The Energy Department helped solve the of the tubes closely matched a Zippe cen- At the Democratic convention in Boston problem. In meetings on the estimate, senior trifuge. Yet the chart omitted the dimen- this summer, Senator John Kerry pledged department intelligence officials said that sions of Iraq’s 81-millimeter rocket, which that should he be elected president, ‘‘I will while they still did not believe the tubes precisely matched the tubes. ask hard questions and demand hard evi- were for centrifuges, they nonetheless could The estimate cited Iraq’s alleged willing- dence.’’ But in October 2002, when the Senate agree that Iraq was reconstituting its nu- ness to pay top dollar for the tubes, up to voted on Iraq, Mr. Kerry had not read the clear weapons capability. $17.50 each, as evidence they were for secret National Intelligence Estimate, but instead Several senior scientists inside the depart- centrifuges. But Defense Department rocket had relied on briefing from Mr. Tenet, a ment said they were stunned by that stance; engineers told Senate investigators that spokeswoman said. ‘‘According to the they saw no compelling evidence of a revived 7075–T6 aluminum is ‘‘the material of choice C.I.A.’s report, all U.S. intelligence experts nuclear program. for low-cost rocket systems.’’ agree that Iraq is seeking nuclear weapons,’’ Some laboratory officials blamed time The estimate also asserted that 7075–T6 Mr. Kerry said then, explaining his vote. pressure and inexperience. Thomas S. Ryder, tubes were ‘‘poor choices’’ for rockets. In ‘‘There is little question that Saddam Hus- the department’s representative at the meet- fact, similar tubes were used in rockets from sein wants to develop nuclear weapons.’’ ings, had been acting director of the depart- several countries, including the United The report cited by Mr. Kerry, an unclassi- ment’s intelligence unit for only five States, and in an Italian rocket, the Medusa, fied white paper, said nothing about the months. ‘‘A heck of a nice guy but not savvy which Iraq had copied. tubes debate except that ‘‘some’’ analysts on technical issues,’’ is the way one senior Beyond tubes, the estimate cited several believed the tubes were ‘‘probably intended’’ nuclear official described Mr. Ryder, who de- other ‘‘key judgments’’ that supported its for conventional arms. clined comment. assessment. The committee found that intel- ‘‘It is common knowledge that Congress Mr. Ryder’s position was more alarming ligence just as flawed. does not have the same access as the execu- than prior assessments from the Energy De- The estimate, for example, pointed to tive branch,’’ Brooke Anderson, a Kerry partment. In an August 2001 intelligence Iraq’s purchases of magnets, balancing ma- spokeswoman, said yesterday. paper, department analysts warned of sus- chines and machine tools, all of which could Mr. Kerry’s running mate, Senator John picious activities in Iraq that ‘‘could be pre- be used in a nuclear program. But each item Edwards, severed on the Intelligence Com- liminary steps’’ toward reviving a centrifuge also had legitimate non-nuclear uses, and mittee, which gave him ample opportunity program. In July 2002 an Energy Department there was no credible intelligence whatso- to ask hard questions. But in voting to au- report, ‘‘Nuclear Reconstitution Efforts Un- ever showing they were for a nuclear pro- thorize war, Mr. Edwards expressed no uncer- derway?’’, noted that several developments, gram. tainty about the principal evidence of Mr. including Iraq’s suspected bid to buy The estimate said Iraq’s Atomic Energy Hussein’s alleged nuclear program. yellowcake uranium from Niger, suggested Commission was building new production fa- ‘‘We know that he is doing everything he Baghdad was ‘‘seeking to reconstitute’’ a nu- cilities for nuclear weapons. The Senate can to build nuclear weapons,’’ Mr. Edwards clear weapons program. found that claim was based on a single said then. According to intelligence officials who operative’s report, which described how the On Dec. 7, 2002, Iraq submitted a 12,200-page took part in the meetings, Mr. Ryder justi- commission had constructed one head- declaration about unconventional arms to fied his department’s now firm position on quarters building and planned ‘‘a new high- the United Nations that made no mention of nuclear reconstitution in large part by citing level polytechnic school.’’ the tubes. Soon after, Winpac analysts at the the Niger reports. Many C.I.A. analysts con- Finally, the estimate stated that many nu- C.I.A. assessed the declaration for President sidered that intelligence suspect, as did ana- clear scientists had been reassigned to the Bush. The analysts criticized Iraq for failing lysts at the State Department. A.E.C. The Senate found nothing to back to acknowledge or explain why it sought Nevertheless, the estimate’s authors seized that conclusion. It did, though, discover a tubes ‘‘we believe suitable for use in a gas on the Energy Department’s position to 2001 report in which a commission employee centrifuge uranium effort.’’ Nor, they said, avoid the entire tubes debate, with written complained that Iraq’s nuclear program ‘‘had did it ‘‘acknowledge efforts to procure ura- dissents relegated to a 10-page annex. The es- been stalled since the gulf war.’’ nium from Niger.’’ timate would instead emphasize that the Such ‘‘key judgments’’ are supposed to re- Neither Energy Department nor State De- C.I.A. and the Energy Department both flect the very best American intelligence. partment intelligence experts were given a agreed that Mr. Hussein was rebuilding his (The Niger intelligence, for example, was chance to review the Winpac assessment, nuclear weapons program. Only the closest considered too shaky to be included as a key prompting complaints that dissenting views reader would see that each agency was bas- judgment.) Yet as they studied raw intel- were being withheld from policy makers. ing its assessment in large measure on evi- ligence reports, those involved in the Senate ‘‘It is most disturbing that Winpac is es- dence the other considered suspect. investigation came to a sickening realiza- sentially directing foreign policy in this On Oct. 2, nine days before the Senate vote tion. ‘‘We kept looking at the intelligence matter,’’ one Energy Department official on the war resolution, the new National In- and saying, ‘My God, there’s nothing here,’’’ wrote in an e-mail message. ‘‘There are some telligence Estimate was delivered to the In- one official recalled. very strong points to be made in respect to telligence Committee. The most significant THE VOTE FOR WAR Iraq’s arrogant noncompliance with U.N. change from past estimates dealt with nu- Soon after the National Intelligence Esti- sanctions. However, when individuals at- clear weapons; the new one agreed with Mr. mate was completed, Mr. Bush delivered a tempt to convert those ‘strong statements’

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.011 S04PT1 S10308 CONGRESSIONAL RECORD — SENATE October 4, 2004 into the ‘knock-out’ punch, the administra- ditch attempt to bring the international ex- that they saw no compelling evidence of a tion will ultimately look foolish—i.e., the perts around to his point of view. comprehensive effort to revive a nuclear tubes and Niger!’’ The session was a disaster. weapons program. Now, in the days before THE U.N. INSPECTORS RETURN ‘‘Everybody was embarrassed when he the Security Council speech, they sent the came and made this presentation, embar- secretary detailed memos warning him away For nearly two years Western intelligence rassed and disgusted,’’ one participant said. from a long list of assertions in the drafts, analysts had been trying to divine from afar ‘‘We were going insane, thinking, ‘Where is the intelligence committee found. The lan- Iraq’s plans for the tubes. At the end of 2002, he coming from?’’’ guage on the tubes, they said, contained with the resumption of United Nations arms On Jan. 27, the international agency ren- ‘‘egregious errors’’ and ‘‘highly misleading’’ inspectors, it became possible to seek an- dered its judgment: it told the Security claims. Changes were made, language soft- swers inside Iraq. Inspectors from the Inter- Council that it had found no evidence of a re- ened. The line about ‘‘the mere pressure of national Atomic Energy Agency imme- vived nuclear weapons program in Iraq. my hand’’ was removed. diately zeroed in on the tubes. ‘‘From our analysis to date,’’ the agency re- ‘‘My colleagues,’’ Mr. Powell assured the The team quickly arranged a field trip to ported, ‘‘it appears that the aluminum tubes Security Council, ‘‘every statement I make the Nasser metal fabrication factory, where would be consistent with the purpose stated today is backed up by sources, solid sources. they found 13,000 completed rockets, all pro- by Iraq and, unless modified, would not be These are not assertions.’’ duced from 7075–T6 aluminum tubes. The suitable for manufacturing centrifuges.’’ He made his way to the subject of Mr. Hus- Iraqi rocket engineers explained that they sein’s current nuclear capabilities. had been shopping for more tubes because THE POWELL PRESENTATION ‘‘By now,’’ he said, ‘‘just about everyone their supply was running low. The next night, during his State of the has heard of these tubes, and we all know Why order tubes with such tight toler- Union address, President Bush cited I.A.E.A. there are differences of opinion. There is ances? An Iraqi engineer said they wanted to findings from years past that confirmed that controversy about what these tubes are for. improve the rocket’s accuracy without mak- Mr. Hussein had had an ‘‘advanced’’ nuclear Most U.S. experts think they are intended to ing major design changes. Design documents weapons program in the 1990’s. He did not serve as rotors in centrifuges used to enrich and procurement records confirmed his ac- mention the agency’s finding from the day uranium. Other experts and the Iraqis them- count. before. selves argue that they are really to produce The inspectors solved another mystery. He did, though, repeat the claim that Mr. the rocket bodies for a conventional weapon, The tubes intercepted in Jordan had been an- Hussein was trying to buy tubes ‘‘suitable a multiple rocket launcher.’’ odized, given a protective coating. The Iraqis for nuclear weapons production.’’ Mr. Bush But Mr. Powell did not acknowledge that had a simple explanation: they wanted the also cited British intelligence that Mr. Hus- those ‘‘other experts’’ included many of the new tubes protected from the elements. Sure sein had recently sought ‘‘significant quan- nation’s most authoritative nuclear experts, enough, the inspectors found that many tities’’ of uranium from Africa—a reference some of whom said in interviews that they thousands of the older tubes, which had no in 16 words that the White House later said were offended to find themselves now lumped special coating, were corroded because they should have been stricken, though the Brit- in with a reviled government. ish government now insists the information had been stored outside. In making the case that the tubes were for The inspectors found no trace of a clandes- was credible. centrifuges, Mr. Powell made claims that his tine centrifuge program. On Jan. 10, 2003, ‘‘Saddam Hussein,’’ Mr. Bush said that own intelligence experts had told him were The Times reported that the international night, ‘‘has not credibly explained these ac- not accurate. Mr. Powell, for example, as- agency was challenging ‘‘the key piece of tivities. He clearly has much to hide. The serted to the Security Council that the tubes evidence’’ behind ‘‘the primary rationale for dictator of Iraq is not disarming.’’ were manufactured to a tolerance ‘‘that far going to war.’’ The article, on Page A10, also A senior administration official involved exceeds U.S. requirements for comparable reported that officials at the Energy Depart- in vetting the address said Mr. Bush did not rockets.’’ cite the I.A.E.A. conclusion of Jan. 27 be- ment and State Department had suggested Yet in a memo written two days earlier, cause the White House believed the agency the tubes might be for rockets. Mr. Powell’s intelligence experts had specifi- The C.I.A. theory was in trouble, and sen- was analyzing old Iraqi tubes, not the newer cally cautioned him about those very same ior members of the Bush administration ones seized in Jordan. But senior officials in words. ‘‘In fact,’’ they explained, ‘‘the most seemed to know it. Vienna and Washington said the inter- comparable U.S. system is a tactical rock- Also that January, White House officials national group’s analysis covered both types et—the U.S. Mark 66 air-launched 70-milli- who were helping to draft what would be- of tubes. meter rocket—that uses the same, high- come Secretary Powell’s speech to the Secu- The senior administration official also said grade (7075–T6) aluminum, and that has spec- rity Council sent word to the intelligence the President’s words were carefully chosen ifications with similar tolerances,’’ community that they believed ‘‘the nuclear to reflect the doubts at the Energy Depart- In the end, Mr. Powell put his personal case was weak,’’ the Senate report said. In ment. The crucial phrase was ‘‘suitable for prestige and reputation behind the C.I.A.’s an interview, a senior administration official nuclear weapons production.’’ The phrase tube theory. said it was widely understood all along at stopped short of asserting that the tubes ‘‘When we came to the aluminum tubes,’’ the White House that the evidence of a nu- were actually being used in centrifuges. And Richard A. Boucher, the State Department clear threat was piecemeal and weaker than it was accurate in the sense that Energy De- spokesman, said in an interview, ‘‘the sec- that for other unconventional arms. partment officials always left open the possi- retary listened to the discussion of the var- But rather than withdraw the nuclear bility that the tubes could be modified for ious views among intelligence agencies, and card—a step that could have undermined use in a centrifuge. reflected those issues in his presentation. United States credibility just as tens of ‘‘There were differences,’’ the official said, Since his task at the U.N. was to present the thousands of troops were being airlifted to ‘‘and we had to address those differences.’’ views of the United States, he went with the the region—the White House cast about for In his address, the President announced overall judgment of the intelligence commu- new arguments and evidence to support it. that Mr. Powell would go before the Security nity as reflected by the director of central Gen. Richard B. Myers, chairman of the Council on Feb. 5 and lay out the intel- intelligence.’’ Joint Chiefs of Staff, asked the intelligence ligence on Iraq’s weapons programs. The pur- As Mr. Powell summed it up for the United agencies for more evidence beyond the tubes pose was to win international backing for an Nations, ‘‘People will continue to debate this to bolster the nuclear case. Winpac analysts invasion, and so the administration spent issue, but there is no doubt in my mind these redoubled efforts to prove that Iraq was try- weeks drafting and redrafting the presen- illicit procurement efforts show that Sad- ing to acquire uranium from Africa. When tation, with heavy input from the C.I.A., the dam Hussein is very much focused on putting rocket engineers at the Defense Department National Security Council and I. Lewis in place the key missing piece from his nu- were approached by the C.I.A. and asked to Libby, Mr. Cheney’s chief of staff. clear weapons program: the ability to compare the Iraqi tubes with American ones, The Intelligence Committee said some produce fissile material.’’ the engineers said the tubes ‘‘were perfectly drafts prepared for Mr. Powell contained lan- Six weeks later, the war began. usable for rockets.’’ The agency analysts did guage on the tubes that was patently incor- not appear pleased. One rocket engineer rect. The C.I.A.wanted Mr. Powell to say, for Mr. BYRD. I yield the floor. complained to Senate investigators that the example, that Iraq’s specifications for round- The PRESIDING OFFICER. The Sen- analysts had ‘‘an agenda’’ and were trying ness were so exacting ‘‘that the tubes would ator from Maine. ‘‘to bias us’’ into agreeing that the Iraqi be rejected as defective if I rolled one under Ms. COLLINS. Mr. President, I have tubes were not fit for rockets. In interviews, my hand on this table, because the mere enormous respect for the Senator from agency officials denied any such effort. pressure of my hand would deform it.’’ West Virginia, for his years of experi- According to the Intelligence Committee Initelligence analyst at the State Depart- ence and his dedication to the Con- report, the agency also sought to undermine ment waged a quiet battle against much of stitution and his ability to protect the the I.A.E.A.’s work with secret intelligence the proposed language on tubes. A year be- assessments distributed only to senior policy fore, they had sent Mr. Powell a report ex- rightful prerogatives of this body. I do, makers. Nonetheless, on Jan. 22, in a meet- plaining why they believed the tubes were however, disagree with him, respect- ing first reported by The Washington Post, more likely for rockets. The National Intel- fully, on the contents of his amend- the ubiquitous Joe flew to Vienna in a last- ligence Estimate included their dissent— ment.

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.013 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10309 I note, as I said this morning, the raised by some of the Members of this amount of funding to build up essential limitations in Senator BYRD’s amend- body and the Department of Homeland capabilities to both prevent and re- ment would inhibit the ability of the Security about the underlying amend- spond to a potential terrorist attack. national intelligence director to move ment. I know of no objection to the So I am pleased this amendment ap- people and money around to counter second-degree amendment. The pears to be acceptable on both sides. I the threats facing our country. That is changes it would make do not in any join in urging its adoption. a major reform that has been rec- way affect the funding formula of the The PRESIDING OFFICER. The Sen- ommended not only by the 9/11 Com- underlying amendment. ator from Maine. mission but by the witnesses before our The PRESIDING OFFICER. The Sen- Ms. COLLINS. Mr. President, as the committee and is a major reform sup- ator from Connecticut. Senator from Connecticut has indi- ported by the administration. Mr. LIEBERMAN. Mr. President, I cated, the underlying amendment Senator BYRD argues that the trans- am pleased to rise in support of this would implement the Homeland Secu- fer authorities in the underlying bill amendment. It builds on some extraor- rity Grant Enhancement Act. This leg- cede too much power to the executive dinary work done by the bipartisan islation is the product of three hear- branch. But, in fact, the DCI currently membership of the Governmental Af- ings and 2 years of negotiation on the has transfer authorities. fairs Committee on a separate bill be- Governmental Affairs Committee. It This is not a novel concept. We give fore we were assigned responsibility for was approved by a unanimous vote, and the NID more transfer authority than this intelligence reform months ago in it currently has 29 cosponsors. It is supported by Senators from big the DCI currently has, but we are not which the chairman and Senator CAR- States, such as Michigan and Ohio, and taking power from Congress in any way PER played leading roles. I give them small States, such as Maine and Dela- because our bill does not change the both great credit. ware. The widespread support in the existing process through which trans- There is nothing more difficult than Senate demonstrates that the amend- fers must be approved by the appro- funding formulas around this place, for ment takes a balanced approach to priate congressional committees. understandable reasons. I think this homeland security funding. It recog- Mr. President, I will have more to amendment strikes the right balance nizes that a threat-based funding for- say on Senator BYRD’s amendment in the distribution of homeland secu- mula is a critical aspect, but it also later. rity grant funds. The balance is to preserves and recognizes the fact that AMENDMENT NO. 3950 TO AMENDMENT NO. 3705 make certain we apply the dollars across our country in a way that pro- first responders in every State stand on Mr. President, at this point, I would the front lines of securing the home- like to take the opportunity to clear a tects us against the enemy we face, the terrorist enemy we face that is ruth- land. pending amendment, so I ask unani- I am constantly reminded that two of less and unpredictable. To some extent, mous consent that the pending amend- the hijackers on 9/11 began their jour- we think we understand them. The ment be set aside, and I send to the ney of death and destruction from probabilities are they will strike more desk a second-degree amendment to Portland, ME. So small States are not at large cities and visible and symbolic the Collins-Carper-Lieberman-Coleman immune from being used as staging amendment No. 3705. targets, but the reality is we cannot grounds for terrorist attacks. The PRESIDING OFFICER. Is there have our focus on what this enemy will I think we have come up with a care- objection to the Senator’s request? do to us or aspire to do to us, be lim- fully balanced formula that will help Without objection, it is so ordered. ited to the dreadful and tragic experi- make our Nation safer. Secretary The pending amendment is set aside. ence of September 11 in which they hit Ridge frequently reminds us that The clerk will report the amendment. visible symbols of America’s greatness homeland security starts with home- The legislative clerk read as follows: because this same terrorist ilk has town security. Our legislation recog- The Senator from Maine [Ms. COLLINS], for struck throughout the world at other nizes that as well. herself and Mr. LIEBERMAN, proposes an kinds of targets that are not so visible, I note that the legislation is sup- amendment numbered 3950 to amendment at buses with innocents on them, and ported by a wide variety of organiza- No. 3705. other means of transportation, at gath- tions, including the National Gov- Ms. COLLINS. Mr. President, I ask erings of people in Iraq adjacent to ernors Association, the National Coun- unanimous consent that reading of the places where Iraqis are lining up to cil of State Legislatures, the Council of amendment be dispensed with. apply to become security officers. State Governments, the National Asso- The PRESIDING OFFICER. Without So that is the balance we are trying ciation of Counties, the National objection, it is so ordered. to strike which is to give special atten- League of Cities, Advocates for EMS, The amendment is as follows: tion to the larger cities that are more the International City/County Manage- (Purpose: To make certain technical likely to be targets but to understand ment Association, the Fraternal Order amendments) that in a way that we have never expe- of Police, and the Fire Chiefs Associa- On page 5, after line 2, insert the following: rienced in our history before, all of tion. (7) Grant programs under the Robert T. America is potentially a target because I know the Presiding Officer is very Stafford Disaster Relief and Emergency As- these people do not ever play by any- familiar with this issue in his capacity sistance Act (42 U.S.C. 5121–5206). body’s rules of warfare. They strike at as the distinguished chairman of the On page 10, line 17, strike the semicolon the most vulnerable targets. That Homeland Security Appropriations and all that follows through page 11, line 7, means they could strike anywhere. Subcommittee, and we have enjoyed and insert a period. The Governmental Affairs Com- On page 12, line 5, strike ‘‘(5)’’ and insert working closely with him and his staff ‘‘(6)’’. mittee spent many months working on as well. On page 12, lines 17 through 20, strike this compromise legislation. The I want to mention one aspect of the ‘‘technical assistance provided by any Fed- amendment incorporates the text of underlying bill; that is, it would pro- eral agency to States and local governments that Governmental Affairs legislation, vide greater flexibility in the use of to conduct threat analyses and vulnerability unanimously approved, to help stream- homeland security funds so we can en- assessments’’ and insert ‘‘technical assist- line our funding for first responders sure that if a State needs to have more ance provided by any Federal agency to around America. It ensures that a very training as opposed to buying more States and local governments regarding significant part of the homeland secu- equipment, there is more flexibility for homeland security matters’’. On page 18, line 9, insert ‘‘secure’’ after rity funding will be determined on the the use of those funds in a flexible ‘‘for’’. basis of the risks and threats that par- manner via a waiver from the Sec- On page 23, line 18, insert ‘‘on the basis of ticular communities face, which moves retary of Homeland Security. terrorist threat’’ after ‘‘grant’’. us substantially in the direction that This was a particular concern to the On page 25, line 24, insert ‘‘on the basis of the 9/11 Commission recommended. Senator from Missouri, Mr. TALENT. I terrorist threat’’ after ‘‘distribute’’. At the same time, this amendment know having that flexibility will en- Ms. COLLINS. Mr. President, this will guarantee that each State, and able our first responders, whether they second-degree amendment addresses therefore the localities under the live in Maine, Missouri, or Mississippi, several relatively minor concerns State, continues to receive a minimum to be better prepared.

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.041 S04PT1 S10310 CONGRESSIONAL RECORD — SENATE October 4, 2004 Mr. President, I know of no further State and local homeland security I am proud to join Senator COLLINS requests for debate on the second-de- funding should go solely to first re- and my eight colleagues in cospon- gree amendment nor on the underlying sponders in our cities. I recall this past soring her bipartisan amendment to re- amendment. August, former New York City Mayor vise the formula for the allocation of The PRESIDING OFFICER. Is there Rudy Giuliani brought a warning to State and local homeland security further debate? emergency first responders in my home grant funding. This amendment main- If not, the question is on agreeing to State of Vermont that should serve as tains the 0.75 percent minimum that the second-degree amendment No. 3950. a notice to all Americans. He said each State currently receives under the The amendment (No. 3950) was agreed there was no doubt in his mind that an- USA PATRIOT Act to help ensure that to. other serious attack on the United every State can respond to its pre- Ms. COLLINS. I move to reconsider States would be attempted, and he said paredness needs, but it also clarifies the vote, and I move to lay that mo- it could just as easily be small town and recognizes the fact that some tion on the table. America rather than another large States indeed have high-threat areas. I The motion to lay on the table was city. will continue to oppose any efforts to agreed to. ‘‘The risk of another attack is a very Mr. LEAHY. Mr. President, I am reduce adequate support and resources great one. . . . The biggest city and the for our police, fire, and EMS services in pleased that the Senate today will ac- smallest towns, both had to be pre- cept a bipartisan amendment, No. 3705, each State and community as they pared,’’ he was quoted by The Rutland continue to protect us from terrorists to the National Intelligence Reform Herald. While in Vermont, Mr. Giuliani or respond to terrorist attacks, as well Act of 2004, S. 2845, offered by Senator publicly lauded the value of the work as carry out their other preparedness COLLINS, for myself and eight other co- that first responders in small local responsibilities. We should adequately sponsors, that will revise the formula communities do day after day. I join meet the needs of all of our dedicated for the allocation of State and local him in that praise. homeland security grant funding. I remind my colleagues that the town first responders and resist efforts that Homeland security is a national re- of Shanksville, PA, where the fourth would pit them against each other. sponsibility shared by all States, re- hijacked airliner, United flight 93, We must continue our efforts to en- gardless of size. Each State has basic crashed on September 11, 2001, is a tiny sure the readiness of our States and terrorism preparedness needs and, town of 245 residents with only one fire communities. Should the United States therefore, a minimum amount of do- truck in a small fire station. On that experience terrorist attacks like those mestic terrorism preparedness funds is day, Shanksville’s police officers, fire we endured over 3 years ago, I want to necessary for each State. Our first re- fighters, and EMS officers who raced to make sure that each police officer, fire- sponders in each and every State are the crash site of flight 93 were on the fighter, or rescue worker who responds on the front lines in defending against front lines of terrorism response. It is a to those attacks has the best training and preparing for terrorist attacks. We threat we cannot always predict but and equipment available to get the job need to ensure that they receive the one that we must always try to be pre- done. I applaud all the hard work of all funding they need to prepare for and pared to meet. our State and local emergency first re- respond to such attacks. Officials in the current administra- sponders who not only continue to Recognizing that every State and tion hold the same view. In an inter- carry out the day-to-day responsibil- community should have helped to meet view published in the 2004 edition of ities they have always had, but also those needs, I authored a minimum for- The Year in Homeland Security, the find themselves serving on the front mula for State and local basic formula Director of the Office for Domestic lines in the war on terrorism. grants to emergency responders that Preparedness, Sue Mencer, stated the AMENDMENT NO. 3705, AS AMENDED are distributed to States by the De- following: . . . ‘‘there should be some partment of Homeland Security Office base level funding to each state and Ms. COLLINS. Mr. President, I know of State and Local Government Coordi- territory regardless of size or popu- of no further debate on the underlying nation and Preparedness. That formula lation density. There are infrastruc- amendment, the Collins-Carper- guarantees that each State—regardless tures everywhere, although they may Lieberman-Coleman amendment No. of size—receives at least 0.75 percent of not be so dramatic as a Brooklyn 3705. the national allotment to help meet Bridge or Golden Gate. There are crit- The PRESIDING OFFICER. The their national domestic security needs. ical underground pipelines, highways, question is on agreeing to the amend- Congress continues to recognize that bridges that we don’t think of auto- ment No. 3705, as amended. every State and community—rural or matically but still need to be pro- The amendment (No. 3705), as amend- urban, small or large—has basic domes- tected.’’ ed, was agreed to. tic security needs and merits the Fed- Critics of the all-State minimum The PRESIDING OFFICER. If there eral help to meet those needs. Both the seem to forget that since the Sep- is no objection, the motion to table is Senate and House Homeland Security tember 11, 2001, terrorist attacks, we laid on the table. appropriations bills for Fiscal Year 2005 have asked all-State and local first re- Mr. LIEBERMAN. I thank the Chair. keep the all-State minimum formula sponders to defend us as never before for first responder grants that are dis- on the front lines in the war against The PRESIDING OFFICER. The Sen- tributed to the States. terrorism. Emergency responders in a ator from Maine. Representatives and officials from rural State have the same responsibil- Ms. COLLINS. Mr. President, I note urban States and cities have argued ities as those in any urban State to the Senator from North Dakota is on that Federal money to fight terrorism provide enhanced protection, prepared- his feet. I wonder if the Senator could is sent to areas that do not need it and ness and response against terrorists. inform us whether he is seeking rec- it is ‘‘wasted’’ in small towns. How- Fostering divisions between States ognition to talk about the bill or offer ever, Congress has shown that it recog- ignores the real problem: We should be an amendment or morning business. nizes these highly populated, highly looking to increase the funds to our Mr. DORGAN. Mr. President, I seek threatened and highly vulnerable areas Nation’s first responders. The Hart- recognition to speak about the bill and have terrorism preparedness needs be- Rudman report on domestic prepared- about Senator BYRD’s amendment and yond those basic needs for each State. ness argues that the U.S. will fall ap- generally about the subject the Senate That is why we in the Senate last proximately $98.4 billion short of meet- is considering. month included $1.2 billion for discre- ing critical emergency responder needs The PRESIDING OFFICER (Mr. tionary grants to high-threat urban over the next 5 years if current funding THOMAS). The Senator from North Da- areas for the coming fiscal year. The levels are maintained. Clearly, the do- kota. House-passed Homeland Security ap- mestic preparedness funds available propriations bill included $1 billion for are still not enough to protect from, AMENDMENT NO. 3845 the Urban Areas Security Initiative. prepare for, and respond to future do- Mr. DORGAN. Mr. President, let me Not all those who are leaders in mestic terrorist attacks anywhere on say that the Senator from West Vir- urban areas believe that every cent of American soil. ginia has done a great service today by

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.044 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10311 pointing out that there is a substantial rope. She rushed back home when her tional intelligence director has to get difference between flexibility and ac- son had a brain tumor and was dying, approval from the Office of Manage- countability. I cosponsored the amend- went to her son’s bedside, and was not ment and Budget. ment offered by Senator BYRD, not be- at home to get her mail. What was her More to the point, on congressional cause I want less flexibility but be- transgression? She was an American oversight, our legislation doesn’t alter cause I demand and expect that we who decided to ride a bike in Cuba. today’s balance between the executive should have accountability in terms of My point is this: This is a rather and legislative branch at all. For ex- how money is spent by the Federal small agency, OFAC. And when Paul ample, on page 28, paragraph (4) of the Government, especially in these areas. O’Neill was the Secretary of the Treas- bill: I don’t think there is one instance in ury, I asked him at a hearing, because Any transfer of funds under this subsection which the administration would argue I was the chair of the appropriations shall be carried out in accordance with exist- they have not been given the flexibility subcommittee—I said: Mr. Secretary, ing procedures applicable to reprogramming to move funding from one account to wouldn’t you really prefer to use all of notifications for appropriate congressional another in order to accomplish their those assets at OFAC to track terror- committees. specific goals and purposes in defeating ists? He didn’t answer for three or four Page 29, paragraph (5)(A): terrorism. The Congress has been ex- times. Finally, about the fifth time, he The National Intelligence Director shall traordinarily generous in working with said: Of course. promptly submit to appropriate committees the administration in every conceiv- If I had my choice, that would be the of Congress a report on any transfer of per- able way to move money around to most productive thing. We now dis- sonnel . . . areas where they need that money with cover that more and more of those peo- And finally: ‘‘Any transfer of funds which to fight terrorism. ple at OFAC are being used to track or personnel cannot exceed applicable Senator BYRD, in his amendment, in- Americans who travel to Cuba. I don’t ceilings established in law for such dicates that he thinks we should con- understand that. But it goes to the transfer’’ by that Congress. tinue to have some accountability. point that Senator BYRD has made. So my question is why my friend Under the pending bill, the Treasury Should we have some accountability? from North Dakota thinks in any way Secretary is authorized to create ap- When we decide to take the taxpayers’ this proposal, which does move budget propriations accounts, to which the na- money and appropriate that money, authority from the Defense Depart- tional intelligence director then can should we have some accountability ment to the national intelligence di- transfer funds, and there are really no with respect to how the money is rector, alters the authority of Congress limits on how those funds would be spent? This isn’t about Republicans or to hold these people accountable? used at this point. Democrats, conservatives or liberals; it Mr. DORGAN. Mr. President, I co- Let me give a short description of is about accountability. sponsored the amendment not because some of the angst I have about this My colleague from West Virginia, a of what I think but because of what I when you just provide funding and say: unique, extraordinary Senator, often know. Let me describe for the Senator Katey, bar the door, do what you want, pulls from his pocket that well-worn from Connecticut a circumstance that and don’t worry about how we feel and underlined copy of the Constitu- I believe means less accountability for about it. tion and he asks whether the Senate is the Congress and a circumstance that This is a tiny little issue, but there is carrying out its responsibility. Because puts the Congress in a position of hav- a small area down in the Treasury De- after all, this is a Government with ing to act retroactively with respect to partment called the Office of Foreign several branches. We want to work to- an action that is already taken which Asset Control, OFAC. Its purpose is to gether. We certainly all want to fight dramatically changes the prerogatives track money that goes to fund and sup- terrorism. There is no question about of Congress. port terrorist organizations so we can that. We are willing to appropriate the As I understand it, under the bill, the shut down that funding. That is the funds with which to combat terrorism, Secretary of the Treasury is authorized purpose of OFAC. I found that OFAC but we are not all willing to say: By to create appropriations accounts to has 21 people tracking American tour- the way, here is the check, spend it the which the national intelligence direc- ists traveling to Cuba. These are Amer- way you want. Congress needs to be in- tor then can transfer funds. As I fur- ican citizens who are suspected of try- volved. ther understand it, the underlying bill ing to take a vacation in Cuba. We This is not about turf. This amend- includes no limits on how those funds have 21 people in an agency designed to ment described today by Senator BYRD can be used once they are transferred. try to interrupt the flow of money to is a bipartisan amendment. But it is As I understand it, the intelligence terrorists who are now spending their not about turf. It is about Republicans director would be authorized to trans- time trying to shut down travel by the and Democrats together who have fer about $3.5 billion from the defense American people to Cuba. joined to take a look at this issue and budget, and that gives the director a I will give you an example. A young say: In this circumstance, we believe substantial amount of transfer author- woman named Joni Scott went to there ought to be some fundamental ity never contemplated by Congress. Cuba. She didn’t have a license to go accountability. The circumstance is that Congress there. She went there to distribute free Mr. LIEBERMAN. Mr. President, would have to take action only retro- Bibles on the streets of Havana and would the Senator yield for a question? actively to transfers that are made by other Cuban cities. She is a devoutly Mr. DORGAN. I am happy to yield. the national intelligence director, religious young woman. I have met Mr. LIEBERMAN. I appreciate what which means that director begins and with her. She went to Cuba to dis- the Senator said. I must say that Sen- works to expend funds by their own vo- tribute free Bibles. OFAC tracked her ator COLLINS and I in crafting the un- lition. down and slapped her with a $10,000 fine derlying bill were very careful to make My colleague from Connecticut indi- because she didn’t have a general li- sure we did not diminish the account- cates that they must get approval from cense to go to Cuba. ability the national intelligence direc- the Office of Management and Budget. And there is Joan Slote, a 76-year-old tor will have to the internal executive I would point out, that is just the ad- grandmother who likes to ride bicycles, branch budget procedures or to Con- ministration giving itself approval to who signed up with a Canadian com- gress. There is a movement of author- do what it wants. That is not a check pany for a bicycle tour of Cuba. She ity here. The movement of authority is and balance of any type. happens to be a senior Olympian who from the Department of Defense to the My point is this: Once these transfers rides bicycles in the Senior Olympics. national intelligence director. The are made into this account and from They tracked her down and slapped a Byrd amendment would eliminate that, the account, the only action that $10,000 fine on her. It was later reduced, would force the money to go back to would then be available to Congress is but they decided they were going to try the Department of Defense. some retro-action to say that is not to attach her Social Security check be- I want to assure the Senator that in- what we intended. That puts Congress cause she did not pay her fine on time. ternally the limits of transfer author- in a circumstance that, in my judg- That was because she had been in Eu- ity in our bill are quite clear. The na- ment, is disadvantageous for the body

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.047 S04PT1 S10312 CONGRESSIONAL RECORD — SENATE October 4, 2004 in this Government that has the power mean amounts of money or personnel true the Department of Defense, which of the purse. of the nature of how long the national currently, strangely, receives more I go back to this point, and this is a intelligence director, whom I have been than 80 percent of the intelligence small point, but it is one that is in- calling the general we do not have now budget and then funnels it out to the structive to me: If we do not tell those of our intelligence forces, can transfer intelligence community, will lose some for whom we appropriate money how personnel or money to fight the war on of that authority. we want those funds to be spent, then, terrorism, to plug a gap that he sees There is nothing in this bill—if you Katey, bar the door. Then you have a existing in his ranks, to respond to a see it, bring it to us. Senator COLLINS circumstance of the type I just de- crisis that occurs somewhere in the and I will review it and see if we can scribed to my colleagues. I bet there is world. That is the kind of flexibility we alter it. That is not our intention. I not one colleague in this Chamber who want to give him. That is subject to want to say what bothers me about the would stand up and say this young oversight, but that is a limitation on amendment, apart from the transfer, is woman named Joni Scott should have the power the national intelligence di- that it strikes a section in our bill been fined for going to Cuba to dis- rector has in our bill, recommended by which we thought was process, was rou- tribute free Bibles. I bet there is not the 9/11 Commission, supported by the tine, which simply says: If we are to one person in this Chamber who would families of those who died on 9/11. give this national intelligence director stand up and say: I think we ought to That is one part. We can argue about some authority for the budget, we have fine a good Christian, a young woman that. But it is definitely a cut in the to give the Treasury the authority to who goes to Cuba and distributes free authority of the national intelligence set up accounts for that person in the Bibles. director to help us wage war on ter- Treasury so he can spend it, but he has That is what the people in OFAC are rorism. to spend it according to the appropria- doing. They are tracking people down, Mr. DORGAN. Mr. President, if I can tions of Congress. He has to spend sub- such as Joni Scott. That is not the in- reclaim my time for a moment on that ject to all the oversight, notification, tent, in my judgment. When we appro- point because I think this is a fruitful and accountability of Congress. priate funding—and we are going to ap- discussion, the authority in the under- I remain puzzled, and I do feel very propriate a lot of it—we are in every lying bill given to the national intel- strongly that this amendment will do circumstance accommodating to the ligence director is extraordinary and serious damage to our proposal, unani- administration when it needs to move above that which we provide in most mously adopted by the committee money for a good purpose, to combat other circumstances with respect to based on recommendations of the 9/11 terrorism. When we appropriate that appropriations. The two Senators may Commission and strongly supported by money, we demand accountability. We well intend that. I expect they do in- the families of the victims of 9/11. expect and demand accountability. tend that. Our only point is there has Mr. DORGAN. Mr. President, let me That is what the Byrd amendment pro- never been a circumstance, to my just say, first of all, you can delegate vides. knowledge, where someone has come to authority, but you cannot delegate re- It is not a radical amendment. First us on an urgent basis saying, We need sponsibility. No one can delegate re- of all, it is bipartisan, and, second, it is to plug this hole, we need to move sponsibility. We have certain respon- just the most fundamental step that, in funds, there has never been a cir- sibilities for the taxpayers’ money. I my judgment, we ought to take as a cumstance in which the Congress says: must say the amendment that has been Congress because we, after all, are the No, you cannot do that. We have al- offered, in my judgment, conforms to ones who decide how much the Amer- ways said: Absolutely, let us work with the Constitution’s understanding of ican people pay in taxes, what do they you. what our responsibilities are. have to provide for Government, and Mr. LIEBERMAN. Mr. President, I We have a disagreement. I don’t want then we are the stewards of how that want to make clear again, there is an that disagreement to undermine my money is spent. alteration of authority and account- comments about the work that Senator Without this amendment, we have ability here but not between the execu- COLLINS and Senator LIEBERMAN have lost control over the stream of this tive branch and Congress. The alter- done. They have done a lot of work on funding. That is why I was a cosponsor ation of authority and accountability this bill, perhaps more than anyone of the Byrd amendment, again a bipar- is between agencies of the executive else in the Congress, with hearing after tisan amendment. branch, between the Defense Depart- hearing after hearing. Very few of us I think it is the right thing for us to ment and the national intelligence di- not on that committee understand the do. rector because, as has been said over hours and the work they put in on this I must say to my colleague from Con- and over—and talk about account- product. I don’t mean by cosponsoring necticut, I honestly do not think this ability, we are spending, by most esti- this amendment to denigrate or under- amendment in any way undermines the mates—and I cannot say the exact mine their work, I mean to improve on Collins-Lieberman bill. I think, frank- number because it is classified—we that work. ly, it will strengthen that bill and say spend over $40 billion a year on our in- And let me just make this point: We to every Member of the House and Sen- telligence agencies, and the 9/11 Com- have a very fundamental disagreement, ate, Republicans and Democrats: We mission and Members of this Congress the Senator from Connecticut and I, are going to do this in a way that re- know it and tell us there is no one in because he believes there is no new au- quires accountability. What better charge. What kind of accountability is thority given to the national intel- message, in my judgment, than that that? ligence director. As I understand this, message? So I actually think it One of the main purposes of this bill what happens is, the Treasury Sec- strengthens the underlying bill. is to put someone in charge, the na- retary creates appropriations accounts, Mr. LIEBERMAN. Mr. President, if I tional intelligence director, and to and he creates appropriations accounts may respond. hold him accountable. to which the national intelligence di- Mr. DORGAN. I will be happy to I want to repeat, there is nothing in rector can then transfer funding. yield for a question. this bill—there may be some alteration I also understand under current cir- Mr. LIEBERMAN. Then I will be of authority that comes through in the cumstances, several billion dollars happy to yield back. congressional oversight reforms that would be transferred to those accounts, There is a misunderstanding, and I are coming from Senator MCCONNELL and then at some point later, if the want to see if I can clarify it. There are and Senator HARRY REID among dif- Congress determines the expenditures three parts of the amendment offered ferent committees of the Congress, but for which that sum of several billion by the Senator from West Virginia and all the review and approvals that Con- dollars has been committed is not ap- others. Two have to do with transfers gress has for appropriations now will propriate to what the Congress in- of personnel and money and whether exist when this bill passes. But the na- tended, Congress can then retro- they can be limited in any way. tional intelligence director will have actively evaluate how to deal with We believe it is not right for Con- more authority than the Director of that. I am saying I believe it puts us in gress to limit the authority—here I Central Intelligence has today. It is a position, historically, that we are not

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.050 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10313 in with respect to our role as appropri- So we have very different views of lieve the amendment that has been of- ators. this part of the Byrd amendment, and fered by Senator BYRD, Senator STE- I think the circumstances have al- if there is any basis for what the Sen- VENS, Senator INOUYE, Senator WAR- ways been that money is appropriated ator from North Dakota is saying, we NER, myself and others, a bipartisan through an appropriations process, not ought to sit down and figure out how to amendment, does not in any way weak- through an authorization. The bill we correct it because we just want to help en the bill that came to the Senate have today is an authorization. I hap- this office to work. We do not want to floor on which the Senator has spent a pen to believe this authorization bill give them any authority to hold bil- lot of time. I think it, in fact, strength- should give some additional authority lions of dollars of money without hold- ens it. It strengthens the role of Con- to a new person—in this case the na- ing them accountable. gress and I think makes this a better tional intelligence director—but I am Mr. BYRD. Will the Senator yield? bill. going to speak for a moment, when we Mr. DORGAN. I would be happy to So I understand the Senator believes finish this discussion, about the stove- yield to the Senator from West Vir- that the way the Senator has created pipes and my concerns about what is ginia. this underlying Collins-Lieberman bill going on in intelligence generally and Mr. BYRD. Why not take more time? does not provide less accountability for why we are in a position, I think, of What is all the rush? Why not take Congress. The Senator has described it some vulnerability based on what is time? That is all I am asking for is as much better flexibility, and that not being done. take time. The distinguished Senator flexibility, as I read this, comes at the So I happen to think that it is useful has offered to sit down with the distin- expense of accountability for the Con- to put someone in charge, but putting guished Senator from North Dakota. gress. someone in charge does not mean that Why do we not take time and try to My only point is, all of us want ex- we ought to say to them, oh, by the work this out? There are many other actly the same thing. We want this to way, here is a pot of money, move it questions. That is what I am asking. work. If there is anybody in here who around as you wish, let us know how Let us have more time. We are being does not want this to work, they do not you used it, and then we will take a forced to operate under the gun here belong in this Chamber. We want this look at it and see whether we evaluate and that does not lend itself to very to work. Why do we want it to work? that to have been appropriate use. wise legislation. That is what I am ask- Because we know people want to mur- That is not the way we do things in ing: How about more time? We might der innocent Americans. They want to Congress. resolve several of these problems then. commit acts of terror in this country Mr. LIEBERMAN. Will the Senator Mr. LIEBERMAN. I say to the Sen- and we need to stop them. yield for a moment? ator from West Virginia—— Now, how do we stop them? With Mr. DORGAN. Of course, I would be Mr. DORGAN. I would be happy to good intelligence. happy to yield. I cannot say how profoundly dis- yield for a response. Mr. LIEBERMAN. I could not dis- appointed I am at the poor intelligence Mr. LIEBERMAN. I thank the Sen- agree more with the Senator’s under- we have been given as a Congress in re- ator, and I will give it right back. standing of the language in the bill. If cent years. Somebody needs to answer I say to the Senator from West Vir- there is any basis to the Senator’s un- to that. Somebody needs to be account- ginia most respectfully, we are here. derstanding, we ought to sit together able for that. In part, that is what Sen- We have been working on this bill in and see if we can fashion a change, be- ator LIEBERMAN and Senator COLLINS our committee since the end of July. cause the intention, as I understand are trying to do with this legislation. We have listened to a lot of people in it—and perhaps the Senator from That is why I commend them for their the committee. We have altered parts Maine may want to speak to this sec- work. tion—was to simply make clear that as of it. Just last week in 5 days of consid- Let me describe a continuing prob- we are giving budget authority, and we eration, several of our colleagues intro- lem that we have with our law enforce- are giving authority to the NID, but we duced amendments. We thought they ment and intelligence communities in are holding him or her accountable—as would do damage to the bill but they their efforts to prevent another ter- we give that authority to the NID, an had some merit. We reasoned with rorist attack. account has to be created in the Treas- them. We came up with clarifications. On September 10, 2001, the day before ury where he can receive that money, Sometimes we accepted whole amend- 9/11, two messages apparently related which now goes to the Defense Depart- ments. to the 9/11 hijackings were intercepted ment. Perhaps there is some lack of clarity by our Government, by the National Our reading of this part of this in this particular part that we can re- Security Agency. The Arabic language amendment was that if the formation solve together, but on the overall ques- messages said, ‘‘The match is about to of these accounts for the national in- tion, I say to Senator BYRD, we do not begin’’ and ‘‘tomorrow is zero hour.’’ telligence director at the Treasury is have time. It is 3 years plus since these Those messages were not translated prohibited, then the money is going to terrorists struck America and killed until the day after 9/11. go back to Defense again and they are 3,000 of our innocents, men, women, You would think that the FBI’s going to undercut the new national in- children. Every form of citizen and translation capabilities would have telligence director and go back to the noncitizen happened to be in the wrong been vastly improved in the inter- stovepipes. place at the wrong time. vening three years. Yet last week we We have no intention to create pots The PRESIDING OFFICER. The Sen- learned that the Inspector General of of money that the NID will do what- ator from North Dakota has the floor. the Department of Justice had issued a ever he wants with. Incidentally, any Mr. DORGAN. Mr. President, let me report, which found that three years transfer of funds from within the intel- reclaim my time. later, the FBI has neglected to trans- ligence community—and the budget of Mr. LIEBERMAN. Well, I did not fin- late hundreds of thousands of hours of this agency itself is not going to be ish but he can take it over. I just want intercepted communications among large; it is going to oversee a budget to say, we are under threat. This Cap- suspected terrorists. for agencies that is going to be large— itol—— This is not about politics at all. will have to be made according to the The PRESIDING OFFICER. The Sen- There is no partisanship in this. The normal procedures with notification to ator yielded for the purpose of answer- question is, Do the FBI, CIA, the NSA, Congress. We have not altered that at ing questions not for a debate. and others do an effective job or do all. Mr. LIEBERMAN. I thank the Chair. they not? Can we prevent acts of ter- We have even said explicitly that the Mr. DORGAN. In my judgment, the rorism or can we not? power—we want to create as much discussion we have just had is easily Let me read this, from the Inspector strength in this office as possible. The resolved. Either the Senator is pro- General’s report: Three years after power in the Appropriations Com- viding much greater authority and September 11, more than 120,000 hours mittee each year to set certain ceilings therefore more flexibility at the ex- of potentially valuable terrorism-re- on transfers remains untouched. We re- pense of less accountability to the Con- lated recordings have not yet been affirm it in our proposal. gress or he is not. As I read this, I be- translated by the linguists at the FBI.

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.051 S04PT1 S10314 CONGRESSIONAL RECORD — SENATE October 4, 2004 In fact, some recordings have been linguists, we need to interpret the raw with my colleague from Connecticut. deleted from audio computer files, and data, we need to be able to understand My colleague from Maine is on the FBI officials speaking on condition of it, determine what it means for this floor. I don’t know whether she heard anonymity said officials have had to go country’s safety. me, but I said I appreciated the work back to original al-Qaida recordings on Here we are 4 years later and we get the two have done to bring this to the some occasions to try to restore them, an Inspector General’s report that says floor. Much of it has great merit, in my after realizing that copies had been de- there are 120,000 hours of potentially judgment. Much will be very protective leted because of capacity problems. valuable terrorism-related recordings of this country’s interests and ad- The inspector general’s report said not even translated. vances our interests in combating ter- the linguists might not have realized Indeed, the Inspector General of the rorism. I do support the amendment that material was deleted unless a case Department of Justice concluded that because I think that amendment will officer simply happened to notice it one-third of terrorism-related audio re- strengthen the bill. But let me say one missing from the final transactions. cordings were not translated within 12 other thing. The 9/11 report is a road- The FBI had failed to institute nec- hours as mandated by the FBI rules. map and we are using that roadmap in essary controls to prevent critical There are 123,000 hours in languages an attempt to construct some legisla- audio material from being automati- primarily related to tion here. Other roadmaps, for exam- cally deleted. counterterrorism—Arabic, Farsi, Urdu, ple, include this Inspector General’s re- After September 11, 2001, the FBI di- Pashtun—that have not been trans- port of which we have just become rector said this: lated; 370,000 hours of recordings in lan- aware. That ought to tell us something guages connecting to counterintel- about where we are headed here. It is The FBI needed to change from an agency ligence probes had not been deciphered primarily focused on investigating crime to not good. one whose primary focus is the prevention of by that time. That is nearly one-half Let me mention one additional point. future terrorist attacks. million hours potential leads to ter- As we evaluate what yet needs to be The Inspector General says: rorist plots, sitting there, done to protect this country, and dis- uninterpreted. cuss issues of transparency, there re- Yet necessary system controls have not We can pass legislation. We can have been established to prevent critical audio main 28 pages of information up in the a debate about all these issues. But if materials from being automatically deleted, Intelligence Committee that should agencies can’t get their act together, such as protecting sessions of the highest still be released. They are classified can’t do the job, don’t even interpret priority on digital collection systems, active ‘‘top secret.’’ Some in the Senate have on-line storage until linguists review them. the al-Qaida recordings to understand what is there, how on Earth are we read this material; all have the oppor- This is the Inspector General, again. tunity to read it. It comes from the De- He says: going to protect this country? The 9/11 Commission, incidentally, cember 2002 report of the Joint Intel- The results of our tests showed that three ligence Committee of the House and of our FBI offices tested had al-Qaida ses- the Commission which has prompted this bill coming to the floor of the Sen- Senate that was sent to the White sions that potentially were deleted by the House and then was published. That re- system before linguists had a chance to re- ate, says the following: view them. The analysts for the 9/11 Commission port was on 9/11, what happened, and how it happened. That report was pub- There is something wrong here. How . . . had difficulty getting access to the lished in the December 2002 with 28 can you have 120,000 hours of inter- FBI and intelligence community information pages missing, and the 28 pages deal cepted phone messages and all kinds of they were expected to analyze. The poor state of the FBI’s information systems with Saudi Arabia. That is what has audio recordings—terrorists, al-Qaida meant that such access depended in large been said publicly, disclosed publicly, recordings—that have never been lis- part on an analyst’s personal relationships but yet they are deemed top secret and tened to? Is there a recording in that with the individual in the operational units the American public is not able to see 120,000 hours that sounds like the re- or squads where the information resided. For them. Then, the chairman of the Sen- cording on September 10, 2001, a record- all of these reasons, prior to 9/11 relatively ate Intelligence Committee, RICHARD ing that says: ‘‘Tomorrow is the zero few strategic analytic reports about SHELBY, indicated that he thought 95 hour,’’ and no one has listened to it? I counterterrorism had been completed. In- deed, the FBI had never completed an assess- percent of it could be easily declas- don’t know. ment of the overall terrorist threats to the sified. The Foreign Minister of Saudi The American people understand, I U.S. homeland. Arabia thought it should be declas- think, that the capability of our intel- And I continue to quote: sified. Yet it has been classified by the ligence system, the CIA, the FBI, and The FBI did not have an effective intel- White House, which refuses to share others, will determine whether we are ligence collection effort. The FBI did not this information with Congress and the successful in preventing another ter- dedicate sufficient resources to the surveil- American people. rorist attack. lance and translation needs of I believe, once again, that all of us So it is disheartening when you see counterterrorism agents. It lacked sufficient should continue to ask the White the same failures cited over and over, translators proficient in Arabic and other House to declassify those 28 pages. with little improvement. key languages, resulting in a significant That, too, is a contribution to under- Let’s go back to August 2000, before backlog of untranslated intercepts. standing what happened and what we this administration took over. In that This from the 9/11 Commission. Fol- do about it. month, we had a report of the National lowing the release of this information Those 28 pages, in my judgment, Commission on Terrorism—a report au- from the 9/11 Commission, we now have should be released. They cannot as long thorized by this Congress, issued by a the release of the Inspector General’s as they are classified ‘‘top secret.’’ In commission chaired by Ambassador report, which is absolutely stunning. It my judgment, they should be declas- Paul Bremer. This was the same Paul is astonishing to receive a report that, sified. Again, Senator SHELBY indi- Bremer who later went on to head the nearly 4 years after a recommendation cated that he thought 95 percent of it Coalition Provisional Authority in was made by the Bremmer-Sonnenberg could easily be declassified, and, as I Iraq. Commission, 3 years after we were at- indicated, the Foreign Minister of The Bremer commission, 4 years tacked on 9/11, that we have 120,000 Saudi Arabia called for its declassifica- ago—this is before 9/11—had this to say: hours of recordings of intercepted in- formation, a portion of which is from tion. Considering that fifteen of the 19 The FBI’s ability to exploit the increasing terrorists who struck this country were volume of terrorism information has been al-Qaida, and it has not yet been inter- hampered by aging technology. preted or translated. This is unbeliev- Saudis, I think our country deserves to All U.S. Government agencies faced a able. get to the bottom of this. chronic shortage of linguists to translate I talked for a few moments about ac- I believe, once again, as we finish dis- raw data into useful information. This short- countability. Where is the account- cussing these issues on intelligence, 9/ age has a direct impact on our ability here? Who is accountable for 11, and how to strengthen this country, counterterrorism efforts. that? Who is responsible for that? how to prevent future acts of ter- Mr. Bremer said then, over 4 years I want to make one other point, if I rorism, that these 28 pages ought to be ago, that what we need are additional might. Again, I know I had a discussion made available to the American people.

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.054 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10315 I came to the floor today to talk amendment that was just cleared on These are just regular Treasury ac- about this inspector general’s report homeland security grants. I will yield counts. and to weigh in briefly on an amend- briefly for a question. Why are they needed? They are need- ment offered by my colleague, Senator Mr. DORGAN. I thank the Senator. ed because the money now is funneled BYRD. I only make the point that I don’t through the Department of Defense. Let me conclude as I started by say- think any of us disagree with the point If you are going to allow the NID to ing that I believe Senator BYRD has of having sufficient flexibility so the receive the appropriations from Con- done a great service to the Senate by agencies will make decisions to hire gress from a mechanics standpoint, you once again saying there is merit in people to translate the tapes. Some- have to have a mechanism whereby the many of these proposals and that he body must be accountable today—not Treasury Department sets up the ac- doesn’t come to the floor to denigrate just tomorrow—for 120,000 pages not counts for him. That is all this is. In these proposals. He comes to the floor being translated. fact, I refer to page 24, line 12, of our to strengthen these proposals. I agree My point is, whether Senator BYRD legislation. These accounts are set up with him that we have a government in or myself or any other Senator, we all explicitly ‘‘for the purpose of carrying which we have separating powers with want sufficient resources to be devoted out the responsibilities and authorities respect to the ability and the fight to to the task at hand—especially the ur- of the director under this act.’’ try to prevent further acts of terrorism gent task at hand. With or without the The accounts themselves do not from occurring in this country. kind of flexibility you provide in this allow or authorize the NID to transfer All of us need to work together. But bill, I believe the evidence is that in funds. There is transfer authority. It is we need to work smart. Working hard every circumstance in the last 3 years on page 27 of the bill. These authorities and working smart sometimes can be when the administration asked for include a number of important safe- two different things. I hope we will flexibility in moving funding, it has guards. work smart working together to have been granted by this Congress, and it First of all, transfers will still re- accountability in Congress to provide has done so immediately. I know that quire congressional approval just as the flexibility while still retaining ac- because I am an appropriator and I see they do now. We are not changing the countability so we can create this new what comes to us. We move it imme- balance of power between this new po- agency, get rid of these stovepipes, and diately. sition and the Congress. The transfers have agencies that are forward work- I wanted to make the point that I are subject to the applicable ceilings ing, that will share information which don’t think there is any disagreement established in law to the appropriation will protect this country from future at all about our interest in seeing crit- ceilings. The transfers cannot be made acts of terrorism. All of us share that ical issues funded. We all want that to unilaterally by the NID. They require goal. happen. the approval of the Director of Manage- I yield the floor. Ms. COLLINS. Mr. President, re- ment and Budget. The PRESIDING OFFICER. The Sen- claiming my right to the floor, let us Finally, the NID must consult with ator from Maine. look at what happens under the cur- the affected agency heads, but no Ms. COLLINS. Mr. President, I note rent system when funds are repro- longer will he have to get the approval that the Senator from North Dakota grammed. I would like to quote from of the agency head and then the de- gave a very troubling and compelling the acting CIA Director John partment head and then Office of Man- example of the fact that the FBI is so McLaughlin testimony that he gave be- agement and Budget and then Con- far behind in translating critical mes- fore the Senate Armed Services Com- gress—that whole intricate system. We sages and documents. I am troubled by mittee which parallels conversations would allow consultation. Then the that, also. that Senator LIEBERMAN and I had with NID can move the money with the ap- Where we may differ is, I believe, him privately. It goes directly to this proval of OMB and subject to the same that the authority given to the na- point of the need for a more agile sys- congressional review we have now. This tional intelligence director by the bill tem. is not a radical new concept. It is an will allow us to address that problem. Yes, the DCI has some reprogram- essential authority. We cannot afford Now we will have one person in Gov- ming authority now. But let us look at to have a process that takes 5 months ernment who is accountable and re- the way it works. Listen to what John for money to be moved from one ac- sponsible and who will be able to—un- McLaughlin says: count to another. The PRESIDING OFFICER. The Sen- less the Byrd amendment is agreed to— Typically you require the approval of the transfer the people and the funds nec- agency that is surrendering the funds. Then ator from Missouri. essary to tackle that backlog. That you require the approval of the department AMENDMENT NO. 3705 can’t happen because of a very cum- head who overseas the agency. Usually that Mr. TALENT. Mr. President, I thank bersome process. I see our legislation is the Secretary of Defense. Then you require the Senator from Maine for her com- and the authority it gives the new NID the approval of OMB. Then you require the ments. I am going to make a couple of to be critical in allowing us to address approval of six congressional committees. comments about an amendment the just those kinds of problems. Typically that takes 5 months. Senate adopted an hour or two ago that We know there is a shortage of lin- I want to repeat that. That re- I am strongly supportive of and was guists throughout the Federal Govern- programming takes 5 months, on aver- pleased to cosponsor. I want a little ment, but we also know there are thou- age. more on the record about what that sands of linguists. Some of them are in John McLaughlin goes on to say: amendment does. the FBI, some of them are in the CIA, So you can see that is not very agile to As I travel around Missouri and talk and some are in various other agencies. meet the needs of today. My view is that the with first responders about homeland If we had a national intelligence direc- national intelligence director ought to have security, there is a consistent theme I tor who was able to marshal those re- the authority to move those funds. hear. This goes back several years ago sources, then we could get rid of those We are facing an agile enemy, and when I was not even in the Senate and backlogs. I think that would be very what are we putting up against him? A was just campaigning. Over and over helpful. system where it takes 5 months to again, what I heard from fire chiefs, I have other comments I want to move funds from one category to an- local public health authorities, police make in response to the Senator’s com- other. chiefs, and sheriffs was this: Look, we ments on the Byrd amendment. I wish to address the issue of the ac- thank the Federal Government for Mr. DORGAN. Mr. President, will the counts under the bill, which both Sen- sending money to help be prepared, but Senator yield for one point? ator BYRD and Senator DORGAN have do not tell us in a detailed way what to Ms. COLLINS. If I could complete my addressed. These are simply accounts do with the money. sentence, I would be happy to yield that allow the NID to receive the ap- I had one fire chief from Missouri say briefly for a question. propriations. That is all they are. The his big fear is: They will send the The Senator from Missouri has been accounts set up under our bill do not money and I will need the dollars to waiting for some time to speak on the give the NID any additional authority. buy a better communication system so

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.057 S04PT1 S10316 CONGRESSIONAL RECORD — SENATE October 4, 2004 that in the event there is a terrorist- offered a sense-of-the-Senate resolu- this issue and have been working since related disaster, I can find out where tion on the Homeland Security appro- arriving in the Senate with Chairman my guys and gals are and tell them priation which did get adopted by the COLLINS to craft language that would where to go. My big fear is they will Senate and had a colloquy with Sen- provide State and local governments tell me I have to buy HAZMAT suits ator COCHRAN at the time about the with flexibility in the reallocate a por- when I don’t need HAZMAT suits, be- need to follow up on this issue. I was tion of homeland security grant funds cause we already have in Missouri a very pleased to cosponsor with Senator based upon the changing threat envi- tremendous HAZMAT regional team COLLINS, an amendment that, among ronment. Last week I successfully of- that I would call if we ever had that other things, does create that kind of fered an amendment to the Department problem. waiver authority for the Secretary of of Homeland Security Appropriations This concern resonated with me. I Homeland Security and for the Direc- bill that addressed this issue. said to myself, that is what the Federal tor to help out in instances such as I am pleased that Senator COLLINS Government will do. It will send them that. has included in her amendment lan- the money but then tell them what to I congratulate the Senator from guage that we worked on together over do with it. Accountability is fine. It is Maine for her interest. She has heard the past year to provide the discre- fine maybe to have certain standards the same things I have heard. She tionary authority needed by the State in certain areas that are off limits— knows the need to do something about homeland security officials. maybe you do not want them to spend it. I am very pleased that with the Ms. COLLINS. I appreciate the lead- the money on routine personnel costs. adoption of that amendment, we have ership of the distinguished Senator But I am a big believer that our first taken a step in that direction. It is not from Missouri to allow greater flexi- responders are best prepared to handle as far as we need to go, in my judg- bility for State and local officials in disaster-related emergencies when they ment. We can trust our first responders spending homeland security grant prepare themselves better just to han- more than we will trust them even funds. I agree that greater flexibility is needed to use homeland security funds dle emergencies. The kind of problems with this amendment becoming law— to meet special security needs. I am or threats associated with terrorist dis- and I hope it does become law—but it is pleased to include in my amendment asters are 80 percent the same as with a step in the right direction. I will keep language Senator TALENT and I have any other disaster—fire, people being working in that direction. The people crafted over the past 18-months which crushed or trapped in buildings. The of Missouri and the people of the coun- last week he made the subject of a better they are prepared to do their job try will be better off as we make sense of the senate resolution granting on a day-to-day basis, the better they progress toward that end. authority to the Director of the Office will be prepared to protect, help, cure, To reiterate, as I have traveled for Domestic Preparedness to approve or get us loose from some terrorist-re- across the State of Missouri discussing the reallocation of funds available to homeland security, nearly every police lated disaster. State homeland security officials in After I came to the Senate, I found chief and every first responder has told unspent homeland security funds. I am out in large part we have, unfortu- me the same thing: Don’t tie our hands confident that this language would nately, done exactly what they were on how we are going to use money you allow State and local officials to re- afraid we were going to do, which is give us. Leave us some discretion on allocate homeland security grant funds send them the money with so many how to use those funds. At the same to provide greater safety for special se- strings attached that they do not have time, the Department of Homeland Se- curity events like the Maccabi Games. the flexibility to use it the way they curity asserts it must tightly control Senator TALENT has been tireless in his how every dollar is spent. I appreciate want. efforts to pass his measure and achieve We had an example of this in Mis- the need for accountability given the this flexibility to help local first re- souri last year when Senator BOND and department’s mission. I also appreciate sponders and I am proud that we could I were contacted by the local Jewish that in many instances our first re- include it in this amendment. I look community in St. Louis which was sponders know best how to allocate forward to continuing to work with the hosting the Maccabi Games—like the these funds and that sometimes very Senator from Missouri on this impor- international youth Olympics for Jew- legitimate concerns fall outside the tant issue. ish youth from around the world. Those narrow spending guidelines of the de- Mr. TALENT. Mr. President, I will games drew over 5,000 young Jewish partment. make a comment or two on the bill as people from around the world. The For example, in St. Louis last year, a whole. I will not hold the Senate up Maccabi Games were an obvious target our local Jewish community hosted the a long time. We are trying to get this for a terrorist threat—that is just a Maccabi Games, an international Jew- bill done, and I fully support that. matter of common sense—and there ish Youth Olympics, which drew over There is an area of the bill I would were a lot of extra costs associated 5,000 Jewish youth from around the like to register, for the record, concern with protecting the games. world. Given the security environment, on the part of this Senator. Probably The local hosts wanted some of those Missouri’s Homeland Security Office the bill’s managers will recognize the costs reimbursed. We certainly under- threat assessment team stressed the legitimacy of that concern. stand that. We tried to get money that need for greater security but lacked First, I want to say how much I have had already been assigned to the State the latitude to reallocate even a mod- appreciated the work by the Senator of Missouri reprogrammed or changed est sum from the monies awarded to from Maine and the Senator from Con- so they could use it for this obviously the State. Despite all of our efforts necticut on this bill. I have enjoyed necessary purpose, and we could not. here, they were unable to free up dol- this debate and enjoyed the part that I The statute was too closed to let the lars to provide for the necessary secu- played in it—not that it has been sig- money be reprogrammed, despite the rity. nificant but just attending the brief- best efforts of Senator BOND and I. Thankfully, the event ended without ings, visiting with the Senators on and It turned out that the Maccabi incident, but it still illustrates the off the Senate floor. In my work on the Games went on without incident, and need for discretion on the part of the Armed Services Committee, we have we are all very grateful. But the prob- Secretary and the director of the Office had hearings on this subject. lems remain for the discretion on the for State and Local government Co- This has been handled in the way the part of the Secretary of Homeland Se- ordination to approve waiver applica- American people like to see the Senate curity and the Director of the Office of tions on the part of the State to repro- handle things. It has been bipartisan in State and Local Government Coordina- gram some of their Federal grant the best sense of that word—not that tion to at least have the authority to homeland money when some new kind we have tried to conceal legitimate dif- entertain a waiver application by of security issue arises that was un- ferences of opinion that sometimes sep- States to reprogram dollars where, at foreseen when they originally applied arate the two parties, but because we least, some unexpected need arises. for those grants. have understood that the right way to I joined with Senator COLLINS in co- Last year, I engaged in a colloquy on deal with those differences is to rec- sponsoring legislation to that effect. I this floor with Chairman COCHRAN on oncile them where we can, to have

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.060 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10317 them out without being personal or po- telligence. We know how important it ment of Defense has become pretty litical about it, and understand we are is. We are all following it on a day-to- good at getting that intelligence off all working for the good of the Amer- day basis. Everybody wants to serve on the set satellites and getting it out to ican people and the security of the the Intelligence Committee or the For- the field in real time. That means vir- country. eign Affairs Committee, and that is tually instantaneously, so that it can We can all agree, having been here fine. But in other times, attention and be used by our special operations now through almost this entire Con- interest wanes. troops, by commanders in the field to gress, that unfortunately, the Senate I think by having a national intel- check and select targets. This kind of does not always operate in that ideal ligence director, what we will help en- mapping and satellite intelligence can fashion. I believe it has operated in sure is that even in those times when be used even to move troops around that way on this bill, and the leader- interest is waning on the part of other during some kind of an engagement. It ship of the two Senators is the reason. high-level political actors, maybe even works pretty well. I know that for a It is clear from listening to this debate the President, we will have somebody fact. and watching it on TV in my office in Washington whose job it is to look I think one of the reasons it does that both of these Senators have done at all this in a comprehensive way, and work is these agencies—the National their due diligence. They know their try to make sure the agencies under Reconnaissance Office, the National subject. There has not been a point him or her are working together on be- Geospatial-Intelligence Agency, the raised that they were unfamiliar with. half of the interests of the American National Security Agency—are in the That has been very impressive to me people, in a way rather like we have Department of Defense and the cus- and has led me to decide that I am done with the Federal Reserve, where tomers they are serving with that in- going to give them the benefit of the we have created an agency and we have telligence are in the Department of De- doubt on amendments that are offered vested a lot of authority in a Chairman fense. It is very reasonable to believe because clearly they have studied this. of the Federal Reserve. We know that that if the provider of the intelligence It is not a case where they are refusing person is watching monetary policy and the customer of the intelligence to consider any concern or looking and other policy. are in the same Department, the same down on a Senator who is raising it. Over time, what has happened is bureaucratic structure, they will share It is important for the public to Presidents of both parties and under all intelligence better. know that personal factors like that circumstances realize that appoint- If that were not true, then why are can play a part in legislation. The ments to that kind of job are very we doing this bill? Because the whole trust and regard in which these two highly scrutinized, and you put in peo- point of the bill is to get all these in- Senators are held by the rest of the ple who have prestige and gravitas and telligence agencies under some kind of body is making a difference. the regard of people of both parties and joint authority so they will share bet- I also agree with them that it is time the regard of the country. ter. In most cases, I think it is very It is my hope that will happen with to do something; that 3 years is long clear how the bill is doing that, that the national intelligence director. enough. Some people say 40 years, be- the bill is breaking down existing bu- Presidents, whether foreign policy is cause there have been a number of rec- reaucratic barriers. ommendations for changing how we do the No. 1 concern for them or not, will But I do think we all ought to be intelligence over the decades. I think it know this is an important appointment honest enough to admit with respect to is time to get something done. I agree and they need to put somebody in this this particular kind of sharing, we are with that. position, from administration to ad- I also like the creation of a national ministration, who has the regard of ev- setting up a bureaucratic barrier that intelligence director. I do wish we erybody in the country, who watches does not exist now, because we are could have come up with a different and knows about foreign policy and going to pull those agencies out of the name than NID. Imagine how often about intelligence. That will help cre- control of the Department of Defense that name is going to be used and what ate a stability over time and a con- and put them under the national intel- it may come to represent in Wash- tinuity in our intelligence policy. ligence director, at least partially. So ington, but it may be too late to do Now, I am not downgrading the con- there is at least a risk we will put up anything about that. cerns people have expressed. There is a stovepipe in the name of taking down For some reason, I do not think peo- always a tension in this kind of thing. stovepipes, that we will put up a stove- ple have aired on the floor—and I want You cannot create and set up a higher pipe in an area where the sharing is to; it is a practical reason—there are authority such as this without increas- working. It would be ironic if one of times in our history when foreign pol- ing the risk that if you get a person in the effects of the bill were to interrupt icy and national defense are bigger there who is very autocratic, it may the sharing of the intelligence in the issues than at other times. The Amer- tend to create a certain kind of group- one area where we have confidence now ican people in the United States of think among the agencies even more that it is being shared. America are a people who are con- than we now have, that people could be Now, I feel a lot better about this cerned with their day-to-day lives. acting in way that is designed to please concern than I did when I first heard That is as it should be. We would rath- only this national intelligence director about this bill. I know the Senator er, if we could, avoid having to engage rather than trying to have their own from Maine and the Senator from Con- extensively in these tremendous efforts opinions regarding intelligence. But necticut have put measures in the bill abroad and in all the foreign policy dis- there are safeguards in the bill de- designed to ensure that flow of intel- cussions and reconstructions that go signed to deal with that. I certainly ligence continues. I am glad they have with that. have had some concerns along those done that. I am glad they recognized In our elections, sometimes we elect lines, but I am going to exercise the the importance of this concern, be- Presidents in a context where foreign benefit of the doubt in favor of sup- cause it is going to grow as time goes policy does not seem to be all that im- porting the creation of a national in- on. portant. I think it is another way of telligence director. Let me give you an example. We are saying some Presidents are more inter- There is an area, though—and the trying, on the Armed Services Com- ested than other Presidents in intel- Senators have addressed it; I think per- mittee—and both Senators serve on ligence on a day-to-day basis. I do not haps they could again in response to that Committee, so they know this as say that to be critical. I do not think my remarks—I am concerned about the well as I—to make all the various what there has been a President who has flow of intelligence to the troops in the we call weapons platforms for the ever served in that high office who has field. Here is the kind of classic situa- Army network-centric. What this not cared about the security of the tion I am concerned about. We have, of means is they will all be networked in, country. But I think people here under- course, an extensive satellite system in so that we hope in the near future in- stand what I mean. place. We get intelligence all the time telligence from a satellite will not even Now that we are fighting this ter- from those satellites. Particularly have to go through a middleman at the rorist war, we all read stories about in- since the first Gulf War, the Depart- NGA or the NSA, it will go directly

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.062 S04PT1 S10318 CONGRESSIONAL RECORD — SENATE October 4, 2004 from the satellite down to the com- In fact, as the Senator from Missouri carefully drafted. The commitment to mander in the field. It is very impor- knows, we opposed an amendment last our troops is there. There is nothing in tant that we procure weapons systems week which would have undermined this bill that would in any way hinder and platforms and communications the relationship between those defense military operations, readiness, or the systems and signal intelligence sys- agencies and the Secretary of Defense flow of real-time, actionable intel- tems that are all linked together. by essentially moving them out of the ligence to our troops. That is essential. This bill, for example, gives procure- Pentagon—not physically but from an The Senator has my commitment to ment authority to the NID over the authority standpoint—and having continue to monitor this very closely. satellite end of those systems. So we them only report to the national intel- Mr. TALENT. I am grateful. I don’t are going to have the NID procuring ligence director. We recognized that we know if the Senator from Connecticut the satellites, the platforms that are need a dual reporting, that these agen- wanted to say something now or later. getting the intelligence. We are going cies are providing critical intelligence I am not inviting you to admit a con- to have the Department of Defense pro- to our troops and to Pentagon officials cern that you don’t think is in the lan- curing its end of the platform that is as well as to the rest of the intelligence guage of the bill, that would suggest a going to be receiving the intelligence, community. weakness in the bill that you don’t be- and there is a danger we will end up I agree with the Senator that vigi- lieve is there. It is just that any with a stovepipe we do not want. lant oversight is going to be necessary change in structure like this has the I am not saying this is a reason to to make sure this is implemented in potential, if we are not careful, to in- oppose the bill. I am not saying it is a the manner we intend. But I must say, terrupt that flow. I am pleased about reason to change the bill. I am saying given the clear language of the bill, your reassurances. I won’t make you it is a concern. I guess what I would given the fact that tactical intel- say it for the 15th time. I will just re- say to my friends from Connecticut ligence assets are completely exempted claim my time and close briefly. It has and Maine is, if they could give us from the NID’s control, and given the been a pleasure to participate in this their assurance that not only in the fact that any NID is going to be com- debate and to watch how my friends passage of the bill but in the imple- mitted to providing excellent intel- from Connecticut and Maine have han- mentation of it, and in the months and ligence to our troops, I can’t imagine dled it. I do think it is time to do years after that, they will remain con- the bill having the negative impact something. I had concerns. I had con- scious of these concerns and try to en- that he might feel. cerns about the speed with which we sure a free flow of intelligence from Mr. TALENT. I have been much reas- were acting. I think we can all concede these various intelligence organiza- sured by the debate, by your com- the honesty of those concerns. I do be- tions out to the troops in the field, ments, and by my further thinking on lieve, however, for the reasons I have even though they will no longer be in the subject. I do think it is unlikely indicated, that we ought to move for- the same bureaucratic organizations. that any national intelligence director ward. I think we can, while guarding Maybe the Senator from Maine would would not be sensitive to this. And against the dangers that are present yield for a question from me or have a given the congressional concern that whenever you have a major change like brief colloquy, if I can ask consent to has been expressed, if he or she were in- this. There is a lot about our intel- do that. ligence system that is working. We do I have been airing the point you and sensitive, we certainly could do some- thing about it. want to be careful that in trying to fix I have talked about privately, and you the parts that aren’t, we don’t cause have addressed on the floor as well, To give an example—and I shared this with the Senate—on procurement, problems for the parts that are work- about the importance of making sure ing. that tactical military intelligence con- you know the extent to which we are trying to procure network-centric type The Senators from Maine and Con- tinues to flow from the NGA and the necticut have done a good job in guard- NRO and the others out to troops in platforms for the Army. And since now the various satellite agencies would be ing against that. I congratulate them the field. on their work. Again, I am pleased the under the procurement authority of I was telling the Presiding Officer Senate has adopted an amendment the NID, it would be important early in you all have done a lot to allay my which finally takes a first step toward this process to get some kind of memo- concern in that regard. What I was allowing our first responders, our State randum of understanding or protocol so hopeful of, and I wanted to put on the and local officials on whom we depend, there would be a joint type procure- record, is to get assurance from you to have discretion in where they are ment process to make certain that and the Senator from Connecticut that going to use these homeland security what the Army was doing to get net- in implementing this bill you will con- grants the country is giving them. tinue to oversee this aspect of it and work-centric receivers was compatible I yield the floor. try to make certain the NID under- with whatever the NID was procuring The PRESIDING OFFICER (Mrs. stands the importance of acting jointly for satellite. DOLE). The Senator from Connecticut. with the DOD in ensuring that this in- I expect there will be a number of in- Mr. LIEBERMAN. Madam President, telligence continues to flow. Because stances in practice where it will be use- before the Senator from Missouri no matter what protocols you put in ful for all of us to be aware on a con- leaves the floor, I thank him for his the bill, this is a fruitful area for over- tinuing basis of this concern and trying statement. I thank him for his kind sight to make certain that this intel- to make certain that they work to- words about Senator COLLINS and me, ligence is not interrupted. Would the gether, as we did with Goldwater-Nich- which she certainly deserves and I am Senator from Maine care to comment? ols. There is an example of a congres- glad to be along with her on that ride. The PRESIDING OFFICER. The Sen- sional enactment and oversight that I thank him for the specific question ator from Maine. has increased the joint process. and assure the Senator on my behalf, Ms. COLLINS. Mr. President, I am I don’t offer these remarks in hos- one, that Senator COLLINS and our pleased to give the assurances the Sen- tility to the bill but to put on the committee were focused throughout ator from Missouri is seeking. He and I, record again the importance of this, to the deliberations on making sure this as he mentioned, along with my friend make clear your intent and the intent substantial reorganization of our intel- from Connecticut, serve on the Armed of the Senator from Connecticut in this ligence assets not in any way diminish Services Committee and have a deep regard. I would be happy to have the the availability of intelligence to the commitment to making sure that our Senator comment further. warfighter. In fact, in the best of all men and women in the military receive Ms. COLLINS. Let me indicate to the situations, we believe the recommenda- the real-time, actionable intelligence Senator from Missouri that I very tions that we have made will improve they need to be effective. Nothing in much appreciate his concern in this intelligence to the warfighter. this bill would in any way hinder the area. There is no greater advocate for By way of reassurance, I want to flow of intelligence from NSA to the our troops than he. I join with him in quote from GEN Michael Hayden, Di- combatant commanders to the troops an assurance that we are going to rector of the National Security Agen- on the ground in Iraq and Afghani- watch this very carefully. The lan- cy, who said in testimony before the stan—nothing. guage of the bill is very tightly and other body:

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.064 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10319 An empowered national intelligence direc- write many of its provisions. I am very tant soldiers in combat get timely, ac- tor who would direct authority over the na- grateful for his leadership and support, curate information that is relevant to tional agencies should not be viewed as di- and I look forward to hearing his com- their immediate needs. I also agree the minishing our ability or willingness to fulfill ments. military chain of command needs to be our responsibilities as combat support agen- The PRESIDING OFFICER. The Sen- cies. respected. However, I disagree on their ator from Minnesota is recognized. interpretation of how the Collins- He was speaking on behalf of the Mr. COLEMAN. Madam President, I Lieberman bill would affect the armed three. express my deep gratitude for the kind services. It was quite illuminating, in talking words of the Senator from Maine and Last week, we debated and voted on to General Hayden and others. They my gratitude for the incredible work an amendment that would have effec- are in direct daily contact, particularly she and the Senator from Connecticut tively removed several intelligence with the combatant commanders. They did in pulling us together in doing a se- agencies from the Defense Department. have people out in the field right now ries of hearings—I believe eight—with We defeated the amendment because a with those combatant commanders, countless hours of testimony, a very strong majority of the body thought, as particularly in the most active areas of thorough review of the recommenda- I do, that the Department of Defense the world, such as the central com- tions of the 9/11 Commission, and then needs to retain its combat support re- mand, which includes Iraq and Paki- an analysis of how do we take those lationship with such agencies as the stan. After having described that close recommendations and somehow move National Security Agency and National integration of national intelligence as- forward in a way that improves, in- Reconnaissance Office. I think that sets with the warfighters, General Hay- creases the level of safety and security vote reflects the importance we attach den concluded: in this great country of ours. That was to the Department’s role in intel- It is inconceivable to me that any future the challenge and it certainly is a chal- ligence. leader of the National Security Agency could lenge. The central finding of the 9/11 Com- or would ever act any differently. I think the chairman has been chal- mission was that prior to 2001, the safe- GEN James Clapper, head of the lenged with drafting a bill that rep- ty of Americans was substantially NGA, National Geospatial Agency, ex- resents a kind of balance here between weakened by the absence of a strong pressed exactly the same sentiments to ambitious reform of our intelligence entity to make sure that the use of in- us. services and the continuity of the ex- telligence assets reflected national pri- I want to reassure the Senator from isting intelligence assets we rely upon orities and that the intelligence gath- Missouri, more to the point of his ques- to keep our country safe. There was ered was shared with officials who tion, that to the extent we are able— discussion during the hearings about needed it, even if those officials were and I am sure if we are not, the Armed the nature of change and some of the located in different agencies. I note Services Committee will—we will defi- challenges of concern—a concern that that the Chair, on a number of occa- nitely keep a close eye as this new sys- if we are to make changes, is that sions, talked about a George Tenet tem is implemented to make sure our going to make us more vulnerable dur- memo in 1998, where he declared war on intention, which is that this reform ing that period of time. al-Qaida and nobody knew about it. improves intelligence for our There was great thought that went There were agencies throughout Gov- warfighters, in fact is being realized. into the balance we see in this bill: The ernment that never got this declara- Mr. TALENT. I can see how that balance between the creation of a pow- tion of war from the head of the CIA. would happen, and we should not ac- erful national intelligence director, on As the Commission put it, no one was cept something that is working fairly the one hand, and this concept of de- in charge. well if we think we can make it better. partmental autonomy on the other; As I say that, I do want to say, hav- It may be possible by moving these and the right balance between cen- ing listened to the testimony, today we agencies into the NID for budgetary tralization of the information sharing have a new level of cooperation and purposes that they will get a higher and the balance of civil liberties we collaboration between those involved priority than they get now with the cherish as Americans. How do you pro- in intelligence gathering. And because DOD which does not see itself pri- vide those protections without under- of that new level of cooperation and marily as an intelligence department. I mining the ability to do the hard work collaboration, we are moving forward can see potential pluses to this. I just that has to be done in intelligence, and and this country is safer today than it thought it was very important that the that keeps up the morale of those on was on 9/11. But the reality of the case record show the concern about this is the front lines every day making us is that with no one in charge, institu- not only deep with you two as the man- safer—folks who, in many ways, are tional silos arose to prevent important agers but also all throughout the Sen- simply unknown; we will never know pieces of information from being col- ate and the Congress, that there are who they are. At one of our hearings, lected into an overall threat assess- many of us who are familiar with this which was classified, even the name of ment that might have alerted officials and who know this current system is the witness was classified. I sat there to the danger we faced. working, certainly working much bet- as a relatively new Member of the Sen- So it is clear to me, and as rec- ter than it used to. ate listening to the incredible work ommended in this bill, we need a I hope whoever is going to be the na- that is going on day to day to keep our strong national intelligence director, tional intelligence director—I cer- country safe. I was struck by that, and strong enough to enforce common poli- tainly will bring this up in the con- I am deeply committed to making sure cies throughout the intelligence com- firmation process, and I hope you two as we move forward in reform that we munity whenever and wherever intel- do as well—knows we want his coopera- keep the morale up and the apprecia- ligence collected by one agency might tion and will continue to want this to tion up, that we strike the right kind be useful to another. We do not need a be a priority. of balance. mere coordinator. That is what we I thank the Senator for his com- After hours of hearings and countless have now; we have a coordinator. We ments. study, I believe the bill drafted by the need someone who can focus resources I yield back my time. chair and ranking member represents and attention on the most vital Ms. COLLINS. Madam President, I the kind of balance we need. Today and threats, national priorities. That per- am very pleased to see the Senator tomorrow, we are going to vote on a son can only succeed if we give him or from Minnesota is on the floor. Senator number of amendments that would un- her the strong powers they need over COLEMAN has been one of the most dili- ravel this carefully constructed bal- the budget and personnel. gent members of the Governmental Af- ance by weakening the national intel- I have heard members point out that fairs Committee on this issue. He came ligence director. I urge my colleagues the 9/11 Commission did not point to to virtually every hearing we had to oppose any such efforts to under- any institutional policy that prevented throughout the August recess, starting mine this balance. the sharing of information. The argu- on the very first hearing on July 30. He I agree with the sponsors of these ment is, if we can do all this today, is a cosponsor of the bill. He helped to amendments that it is vitally impor- why do we have to make institutional

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.067 S04PT1 S10320 CONGRESSIONAL RECORD — SENATE October 4, 2004 change? They argue the problem is due shared among all parts of the Govern- outweigh the costs. What we have in to individuals who failed to perform ment that need it. the way of disclosure makes policy- their jobs by failing to convey informa- The Collins-Lieberman bill gives the makers accountable to their actions. tion they were supposed to share. It is national intelligence director a number But again, we have struck a balance. true that the commission’s report dis- of important powers. He is supposed to I note in his testimony before the cusses several specific instances of this develop common policies of personnel, committee last month, then-acting CIA type of bureaucratic behavior, and in budget practices, information net- Director John McLaughlin agreed that the end things that should have been works, security classifications, and declassification of the top line figure done were not done, none of which communication systems. If we want would make sense. He testified: seem to have led to disciplinary action. him to succeed in these tasks, we must also give him or her the powers to ac- It reinforces responsibility and account- Nevertheless, there were policies such ability on those receiving the money, be- as the wall between domestic and for- complish them. cause you can see whether it’s going up, eign intelligence that inhibited the full This body voted last week to retain down, or so forth. . . . It also does the same sharing of information. day-to-day control of the Defense intel- thing for Congress. . . . I don’t think declas- But even that is not quite the full ligence services with the DOD, and I sifying the top line would be a major secu- story. It is my belief such insular be- supported that sentiment. But since rity threat. the NID will not have direct day-to-day havior will always exist, unless and Given all this, it is difficult for me to control, it is even more important that until we have a strong national intel- believe that disclosure would weaken he have the ability to transfer money ligence director who can effectively en- our safety in any meaningful way. It and personnel. force common information policies. would, however, lead to more open de- That is what the Collins-Lieberman We all know that bureaucracies have a natural tendency to resist change. So bate about how much we need to spend bill creates. That is why keeping these to keep America safe, and I think that powers is so important. the question is, Will the national intel- ligence director be able to enforce his is a good thing. In the committee markup, the Sen- There are also proposals to exempt ator from Michigan pointed out in- policies in the face of the inertia that normally characterizes existing agen- military personnel from the national stances where language could have intelligence director’s transfer, detail, been made clearer. I agree with him cies? Not unless everybody knows he is in charge of the resources and has the and assignment authority. I can under- that clearer lines of authority are im- stand the desire to maintain the mili- portant. But I fear that the amend- power to shift them according to agen- cy performance and his evaluation of tary chain of command, but if we want ments being offered today are not mere the national intelligence director to clarifications but, rather, represent a needs. The bill contains numerous provi- develop and enforce common intel- fundamental tip in the balance and will sions to ensure that this power is used ligence policies even in the face of result in erosion of the power of the responsibly. We make it clear that only agency silos, then he or she is going to NID. need to draft his or her own players I believe the Department of Defense the national intelligence director can and make sure they are playing on the will have a strong role in the new intel- make these transfers of resources and personnel. We also retain Congress’s same team. When the national intel- ligence constructs that the Collins- authority to approve transfers before ligence director transfers a soldier out Lieberman bill creates. The DOD will they occur. That way, it will be clear of an intelligence agency, that soldier retain full authority over tactical in- who is responsible for them and who returns to the Armed Forces where he telligence. It will have a seat at both will have to justify them. We create or she will be, once again, safely in the the National Counterterrorism Center the joint intelligence community coun- chain of command. But as long as they and the Joint Intelligence Community cil made up of the users of intelligence, remain in the intelligence community, Council to argue for institutional in- including the Secretary of Defense, to they are responsible for meeting the terests and ensure that its needs are advise and evaluate the national intel- needs of the entire community, not met. ligence director. The bill also leaves direct, day-to- just the Department of Defense, and We require the NID to notify Con- that is why that individual must have day command of the Department of De- gress, including the Committee on fense intelligence agencies with the the confidence of the national intel- Armed Services, whenever there are ligence director. DOD. Most of the staff of the intel- transfers of personnel to or from the ligence agencies will remain uniformed There is a second reason for keeping Department of Defense. In light of personnel authority in the national in- service men and women. The Depart- these protections, it is extremely un- ment will remain the intelligence com- telligence director. We all agree on the likely that the intelligence community creation of a National Counter-ter- munity’s largest consumer of informa- will fail to support our armed services. tion. The Secretary of Defense will re- rorism Center—there has not been a lot In fact, it is stronger than that. It sim- of debate over that—and intelligence main one of the most senior members ply is not going to happen. We have set of the Cabinet, with close communica- centers that represent other national in place the kind of measures, the kind priorities. We mean for these centers to tion with the President. of safeguards, the kind of oversight, If we are going to create a NID with contain the best people from each the kind coordination that will ensure agency. Assuming, for example, that actual clout when it comes to enforc- the needs of the armed services are the National Count-er-ter-rorism Cen- ing common intelligence standards, the met. The intelligence needs of the ter consists of the best terrorism ex- NID must have the ability to transfer armed services will be met. funds and personnel within the intel- Another amendment would remove perts from each element of the intel- ligence community. Witness after wit- the section of the bill that would dis- ligence community, it makes sense for ness came before us and said: With close the total funding for intelligence. it to be the forum for negotiating com- budget authority, there is power. Who- I must respectfully disagree with those mon policies and planning joint oper- ever controls the purse has power. We who believe this disclosure will harm ations. But in order to prevent each understand that in this body. He or she our national security. agency from creating its own must be able to move assets where they Again, this was an issue in which we counterterrorism unit and sending the are needed most and ensure full com- had very clear testimony before the NCTC only junior workers or workers pliance with communitywide require- committee. By the way, after all, reli- sitting out their final years until re- ments. The chairman of the 9/11 Com- able estimates of this number already tirement, the national intelligence di- mission has admonished Congress, say- appear in the trade press. Moreover, rector must have the power to bring ing, ‘‘If you are not going to create a the 9/11 Commission recommended the best and the brightest to the Na- NID who has the powers of budget and going further. They wanted to disclose tional Counter-ter-rorism Center. appointment, don’t do it.’’ These pow- the totals for each agency. But here we I note that the Chair talked about ers are necessary to ensure that intel- have a balance. her visit to the current TTIC, the Ter- ligence gathered by intelligence agen- In our history as a nation, we have rorist Threat Integration Center, the cies reflects national priorities and is found the benefits of disclosure usually forerunner of the NCTC. She noticed

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.070 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10321 how young some of the personnel there intelligence director, a clear sense of of these amendments take too much were. At this stage in time, it is not somebody in charge with account- out of the bill and would hurt the pur- seen as the best place to be, but with a ability and credibility, with the sup- pose, which is to better protect the strong national intelligence director port and confidence of the President, American people. and a clear National Counterterrorism we will all be able to sleep easier at So I thank the Senator very much for Center, we want the best and the night. what he has said, and I yield the floor. brightest, and the national intelligence I urge my colleagues to resist the The PRESIDING OFFICER. The Sen- director should have the right to bring natural hesitation in the face of major ator from West Virginia. those people to the table to work with change. Everybody likes change until Mr. ROCKEFELLER. Madam Presi- him or her. it happens to them. The events of 9/11 dent, I yield to the Senator from Finally, we will vote on amendments changed the world, and we must change Michigan. that would take one agency or another our mindsets in response. I believe the The PRESIDING OFFICER. Without out of the definition of ‘‘national intel- Collins-Lieberman bill represents the objection, it is so ordered. ligence program’’ and thereby move right balance and will make America AMENDMENTS NOS. 3825, 3809, AS MODIFIED, AND their budgets away from the national safe. 3810 intelligence director’s authority and I urge my colleagues to reject those Mr. LEVIN. Madam President, I have back under the Defense Secretary’s au- amendments that would weaken the a unanimous consent request, and I thority. This might be wise if we make balance, that would weaken the think I am following a pattern, at least the Secretary of Defense responsible strength of the national intelligence I hope so. If not, I will withdraw. I ask for enforcing common intelligence poli- director. unanimous consent that three amend- cies and meeting the intelligence needs Let’s move America forward. Let’s ments be called up and then be set of the entire Government, but in that make the change. Let’s support this aside so that they are in advance of case we would not need a national in- bill. cloture. I ask unanimous consent that telligence director. In that case, we Madam President, I yield the floor. amendment No. 3825 be called up and ought to also transfer the CIA into De- The PRESIDING OFFICER. The Sen- set aside. I also send to the desk a fense. ator from Maine. modified version of amendment No. On the other hand, if we want a Ms. COLLINS. Madam President, I 3809, which has been approved by the strong coordinator of intelligence and thank the Senator from Minnesota for Democratic leader, which I understand we do not want that person to be the his comments. As I indicated, he has the process is the modification and Secretary of Defense, then the national been a key member in drafting this then that modified amendment will be intelligence director must have the bill. I very much appreciate his many set aside. Also, I ask unanimous con- budget power over all parts of the in- contributions and support. sent that amendment No. 3810 be called telligence community that service The PRESIDING OFFICER. The Sen- up and set aside. common needs. It simply would not ator from Connecticut. The PRESIDING OFFICER. Is there make sense to break agencies, such as Mr. LIEBERMAN. Madam President, objection? Without objection, it is so the NSA or NRO, up into pieces de- I join in thanking the Senator from ordered. pending on whether this program or Minnesota. Senator COLEMAN really The amendments are as follows: hung in there with us and did the hard that fell into the national intelligence AMENDMENT NO. 3825 work in July, August, and September, program. They should either be part of (Purpose: To permit reviews of criminal a coordinated approach to intelligence both in attending the hearings and in records of applicants for private security or they should be totally separate. I helping to draft a bill over a 2-day officer employment) submit they are too important not to markup. At the appropriate place, insert the fol- be brought into the national intel- His statement today means a lot to lowing: ligence policy. us personally, but I hope and believe it SEC. ll. PRIVATE SECURITY OFFICER EMPLOY- I note that even under the Collins- will mean a lot to the other Members MENT AUTHORIZATION ACT OF 2004. Lieberman bill, these agencies would of the Senate because it is a strong ex- (a) SHORT TITLE.—This section may be remain under the day-to-day control of planation of why this bill is urgently cited as the ‘‘Private Security Officer Em- the Department of Defense. Most of necessary. People asked earlier: What ployment Authorization Act of 2004’’. their personnel will still consist of uni- is the rush? People today asked: What (b) FINDINGS.—Congress finds that— (1) employment of private security officers formed military officers. The relevant is the rush? The rush is, we were at- in the United States is growing rapidly; congressional committees will remain tacked on September 11. It is more (2) private security officers function as an actively involved in ensuring the needs than 3 years later, and Congress has adjunct to, but not a replacement for, public of the military are met, and the Sec- not acted to adequately reorganize our law enforcement by, among other things, retary of Defense will remain a senior intelligence assets community, which helping to protect critical infrastructure, in- Cabinet member with a direct line to the 9/11 Commission told us, and every- cluding hospitals, manufacturing facilities, the President. With all this, it is dif- body agrees, does not have a leader in defense and aerospace contractors, nuclear ficult for me to believe that the intel- charge. power plants, chemical companies, oil and Right now—what is his name?— gas refineries, airports, communication fa- ligence our combat forces receive will cilities and operations, and others; diminish in any material way. It seems Zawahiri, the second to bin Laden in (3) the 9-11 Commission Report says that more probable that through better co- al-Qaida, last week put out another ‘‘Private sector preparedness is not a luxury; ordination and sharing, the Armed tape urging Islamist terrorists around it is a cost of doing business in the post-9/11 Forces will have access to better intel- the world to attack America and Amer- world. It is ignored at a tremendous poten- ligence under the Collins-Lieberman icans. So we are at war, and we are not tial cost in lives, money, and national secu- bill than they would have in a watered- properly defending ourselves. That is rity’’ and endorsed adoption of the American down version, and I think that is the the urgency. National Standards Institute’s standard for The Senator from Minnesota has spo- private preparedness; key here. (4) part of improving private sector pre- In this post-9/11 world in which we ken very eloquently today, both for the paredness is mitigating the risks of terrorist live, where we understand the nature of bill and against weakening amend- attack on critical infrastructure by ensuring the importance of intelligence, we ments. That is really going to be the that private security officers who protect must understand the importance of test over the next couple of days as we those facilities are properly screened to de- breaking down the silos that in the move to cloture and adoption of the termine their suitability; past prohibited folks from working to- bill. The bill is in good shape now. We (5) the American public deserves the em- gether. It is clear we all will benefit. have listened, we have negotiated with ployment of qualified, well-trained private The Department of Defense benefits some people, accepted some amend- security personnel as an adjunct to sworn law enforcement officers; and and the intelligence agencies benefit, ments that we thought would not hurt (6) private security officers and applicants but most importantly, the people of the bill and would strengthen or clarify for private security officer positions should this great country benefit. When we it. As the Senator from Minnesota be thoroughly screened and trained. have and will have a strong national knows, a line has to be drawn and some (c) DEFINITIONS.—In this section:

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(1) EMPLOYEE.—The term ‘‘employee’’ in- (I) a participating State that has no State AMENDMENT NO. 3809, AS MODIFIED cludes both a current employee and an appli- standards for qualification to be a private se- On page 28, between lines 19 and 20, insert cant for employment as a private security curity officer, the State shall notify an au- the following: officer. thorized employer as to the fact of whether (D) the personnel involved are not military (2) AUTHORIZED EMPLOYER.—The term ‘‘au- an employee has been— personnel and the funds were not appro- thorized employer’’ means any person that— (aa) convicted of a felony, an offense in- priated to military personnel appropriations, (A) employs private security officers; and volving dishonesty or a false statement if except that the Director may make a trans- (B) is authorized by regulations promul- the conviction occurred during the previous fer of such personnel or funds if the Sec- gated by the Attorney General to request a 10 years, or an offense involving the use or retary of Defense does not object to such criminal history record information search attempted use of physical force against the transfer; and of an employee through a State identifica- person of another if the conviction occurred (E) nothing in section 143(i) or 144(f) shall tion bureau pursuant to this section. during the previous 10 years; or be construed to authorize the National Intel- (3) PRIVATE SECURITY OFFICER.— The term (bb) charged with a criminal felony for ligence Director to specify, or require the ‘‘private security officer’’— which there has been no resolution during head of a department, agency, or element of (A) means an individual other than an em- the preceding 365 days; or the United States Government to approve a ployee of a Federal, State, or local govern- (II) a participating State that has State request for, the transfer, assignment, or de- ment, whose primary duty is to perform se- standards for qualification to be a private se- tail of military personnel, except that the curity services, full- or part-time, for consid- curity officer, the State shall use the infor- Director may take such action with regard eration, whether armed or unarmed and in mation received pursuant to this section in to military personnel if the Secretary of De- uniform or plain clothes (except for services applying the State standards and shall only fense does not object to such action. excluded from coverage under this section if notify the employer of the results of the ap- the Attorney General determines by regula- AMENDMENT NO. 3810 plication of the State standards. tion that such exclusion would serve the (Purpose: To clarify the definition of (E) FREQUENCY OF REQUESTS.—An author- public interest); but National Intelligence Program) ized employer may request a criminal his- (B) does not include— tory record information search for an em- On page 7, beginning on line 20, strike (i) employees whose duties are primarily ployee only once every 12 months of contin- ‘‘that is not part of the National Foreign In- internal audit or credit functions; uous employment by that employee unless telligence Program as of the date of the en- (ii) employees of electronic security sys- the authorized employer has good cause to actment of this Act’’. tem companies acting as technicians or mon- submit additional requests. itors; or Mr. LEVIN. I very much thank my (2) REGULATIONS.—Not later than 180 days (iii) employees whose duties primarily in- dear friend from West Virginia, and I after the date of enactment of this Act, the volve the secure movement of prisoners. thank the managers. Attorney General shall issue such final or in- (4) SECURITY SERVICES.—The term ‘‘secu- The PRESIDING OFFICER. The Sen- rity services’’ means acts to protect people terim final regulations as may be necessary to carry out this section, including— ator from West Virginia. or property as defined by regulations pro- Mr. ROCKEFELLER. Madam Presi- mulgated by the Attorney General. (A) measures relating to the security, con- fidentiality, accuracy, use, submission, dis- dent, I rise today to not offer but to (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identification bureau’’ means semination, destruction of information and talk about an amendment because the State entity designated by the Attorney audits, and recordkeeping; things are in the works. Therefore, I General for the submission and receipt of (B) standards for qualification as an au- can only talk, not offer. criminal history record information. thorized employer; and The amendment, were it to take (C) the imposition of reasonable fees nec- (d) CRIMINAL HISTORY RECORD INFORMATION place, would be amendment No. 3712. Of essary for conducting the background SEARCH.— course, it is to No. 2845, which is our checks. (1) IN GENERAL.— (3) CRIMINAL PENALTIES FOR USE OF INFOR- basic bill. I think it is widely agreed (A) SUBMISSION OF FINGERPRINTS.—An au- MATION.—Whoever knowingly and inten- that Congress has an obligation to en- thorized employer may submit to the State tionally uses any information obtained pur- sure that the efforts of the 9/11 Com- identification bureau of a participating suant to this section other than for the pur- mission to improve our system of State, fingerprints or other means of posi- pose of determining the suitability of an in- tive identification, as determined by the At- homeland security is accurately cap- dividual for employment as a private secu- torney General, of an employee of such em- tured by any legislation that we pass rity officer shall be fined under title 18, ployer for purposes of a criminal history out of this body. United States Code, or imprisoned for not record information search pursuant to this Last week, Senators MCCAIN and more than 2 years, or both. section. HUTCHISON offered constructive amend- (4) USER FEES.— (B) EMPLOYEE RIGHTS.— (A) IN GENERAL.—The Director of the Fed- ments on aviation security, but I be- (i) PERMISSION.—An authorized employer eral Bureau of Investigation may— lieve my talking points offer the most shall obtain written consent from an em- comprehensive approach to improving ployee to submit to the State identification (i) collect fees to process background bureau of a participating State the request checks provided for by this section; and aviation security, so I put them for- to search the criminal history record infor- (ii) establish such fees at a level to include ward to my colleagues. I am pleased mation of the employee under this section. an additional amount to defray expenses for that Senator MCCAIN was an original (ii) ACCESS.—An authorized employer shall the automation of fingerprint identification cosponsor of my Aviation Security provide to the employee confidential access and criminal justice information services Amendment Act, which I am talking and associated costs. to any information relating to the employee about today as if it were an amend- received by the authorized employer pursu- (B) LIMITATIONS.—Any fee collected under this subsection— ment, which it is not, for the moment ant to this section. anyway. (C) PROVIDING INFORMATION TO THE STATE (i) shall, consistent with Public Law 101– IDENTIFICATION BUREAU.—Upon receipt of a 515 and Public Law 104–99, be credited to the My idea would be to take needed request for a criminal history record infor- appropriation to be used for salaries and steps to make certain that Commission mation search from an authorized employer other expenses incurred through providing transportation security recommenda- pursuant to this section, submitted through the services described in such Public Laws tions are reflected in the pending legis- the State identification bureau of a partici- and in subparagraph (A); lation faithfully. pating State, the Attorney General shall— (ii) shall be available for expenditure only The recommendations of the 9/11 to pay the costs of such activities and serv- (i) search the appropriate records of the Commission are wide ranging. They Criminal Justice Information Services Divi- ices; and sion of the Federal Bureau of Investigation; (iii) shall remain available until expended. build on the work we did in the House- and (C) STATE COSTS.—Nothing in this section Senate joint inquiry in 2002. I strongly (ii) promptly provide any resulting identi- shall be construed as restricting the right of believe that we must reform our Gov- fication and criminal history record infor- a State to assess a reasonable fee on an au- ernment, our Congress, and our intel- mation to the submitting State identifica- thorized employer for the costs to the State ligence agencies to meet the threat of tion bureau requesting the information. of administering this section. terrorism as has been eloquently dis- (D) USE OF INFORMATION.— (5) STATE OPT OUT.—A State may decline to cussed by the two floor managers on (i) IN GENERAL.—Upon receipt of the crimi- participate in the background check system many occasions. nal history record information from the At- authorized by this section by enacting a law torney General by the State identification or issuing an order by the Governor (if con- Although the recommendations for bureau, the information shall be used only as sistent with State law) providing that the transportation security are a small provided in clause (ii). State is declining to participate pursuant to part of the overall report, their impor- (ii) TERMS.—In the case of— this paragraph. tance cannot be understated. They are

VerDate jul 14 2003 02:26 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.016 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10323 sort of the most visible parts of secu- number of them in closed session. Be- Mr. ROCKEFELLER, for talking about rity. I agree with the Commission’s re- cause of this oversight and our under- this amendment at this point. I know port when it states that targeting ter- standing of the transportation system, he has not officially offered it yet. rorists’ ability to travel is a potent we were better able to understand We are talking to him about it. I weapon against our efforts to protect where we had made progress and iden- think this amendment responds to against future terrorist attack. tify what more work needed to be done many of the recommendations made by In my position as chairman and now about aviation security. the 9/11 Commission to strengthen ranking member on the Senate Com- To further address these needs, Sen- aviation security. I very much appre- merce, Science, and Transportation ators MCCAIN, HOLLINGS, and myself in- ciate the provisions of this amend- Committee’s Subcommittee on Avia- troduced S. 2393, the Aviation Security ment. We are trying to work out the tion, I have worked on many of these Advancement Act, which included authorization level that is included in issues that face Congress after the ter- measures to tighten air cargo security the bill, but my overall reaction to his rorist attacks of 9/11. and bolster other existing programs. proposal is very favorable. I should point out that the Com- As we know, after the 9/11 Commis- I know it has been reported by the merce Committee has looked at these sion was established, they began a Commerce Committee and cleared by issues and developed other rec- complete review of the events sur- the chairman and the ranking member ommendations in the years preceding rounding 9/11 and the requirements of that committee. As usual, it reflects 9/11. I also want to note that while we that would be necessary for a com- the Senator’s thoughtful consideration need to incorporate legislation con- prehensive strengthening of all of our of homeland security issues. sistent with the 9/11 recommendations, homeland defense. When this report I very much have appreciated his ad- the report contains specific criticisms was released in July, it contained spe- vice throughout this debate, and I am of the FAA prior to 9/11 that I do not cific recommendations regarding trans- hopeful that shortly we will be able to believe are justified. portation security, along with express have him officially offer his amend- For example, the report criticizes the concern about cargo and general avia- ment, perhaps with a modification, and Administrator of the FAA for being tion security. Both cargo and general we would be able to accept it. more focused on the delays than on se- aviation security have been subjects The PRESIDING OFFICER. The Sen- curity prior to 9/11, but we all were. We considered at hearings before the Sen- ator from Connecticut. addressed those needs collectively with ate Commerce Committee this year, Mr. LIEBERMAN. Senator COLLINS a new process to expedite airport con- and I introduced S. 2393 in an effort to has spoken exactly for me as well. I struction. make these issues a focus of Congress. look forward to working with the Sen- Unfortunately, I found it to be one Last week, there was the amendment ator. It is a good amendment. There is area of the report that failed to put that I am talking about—not offering one part that doesn’t go to the heart of into context the actions of the FAA but talking about—which would do the it, and we hope to look over it for a bit following: Standardize the Federal prior to 9/11 and what the congressional more and then I hope before along we screener workforce to properly address role was during that period. can accept the amendment. Additionally, after TWA 800 went staffing needs and promote more effi- The PRESIDING OFFICER. The Sen- down in July 1996, we all know that we cient and effective screening at air- ator from New Mexico. spent countless hours trying to develop ports; require DHS to consider coordi- Mr. DOMENICI. Madam President, I measures for aviation security. That nating aviation-security-related func- rise first to congratulate the com- tions to improve efficiency and effec- was well before 9/11 by 5 years. Ulti- mittee on the hard work they have put tiveness of passenger screening; in- mately, we mandated that more equip- into this bill, in particular Senator crease funding for all-cargo aviation ment and canine teams be dispatched SUSAN COLLINS, who I think has done a security to establish an improved secu- as quickly as possible, but clearly the wonderful job. This was a very difficult rity program and to promote the use of events of 9/11 have required an even situation. She and Senator LIEBERMAN improved technology for cargo screen- more comprehensive approach. have led the committee in an admi- ing; provides an additional $450 million I have worked closely with Senators rable way. What I have to say is just to fund priority capital security MCCAIN, HOLLINGS, LOTT, and many what I hope will be seriously consid- projects at airports; develops a stream- others over this period to take action ered as the bill moves its way through lined baggage screening system by re- to help ensure that the events of 9/11 to final completion by the House and quiring a schedule for the in-line place- are not repeated. Congress has passed a Senate, ultimately to be in a form that ment of explosive detection systems; it number of landmark bills to address can be signed by the President. bolsters the Federal Air Marshal Pro- critical needs in filling gaps in our I rise to discuss one aspect of the bill gram; advances the development of bio- aviation security. While the legislation concerning privacy and civil liberties. metric technology for precise identi- that passed in the days immediately The bill before us has many appro- fication of workers and travelers; and following the terrorist attacks was re- priate suggestions for reforming our in- improves perimeter security at air- sponsive to the crisis our aviation sys- telligence activities. Part of this re- ports by authorizing more than $20 mil- tem faced, these laws primarily ad- form includes the transformation of lion for TSA to develop biometric tech- dressed the immediate needs we had re- the Central Intelligence Agency and nology and fund a biometric center of garding commercial passenger airline the enhancement of the human intel- excellence. security, including aircraft passenger ligence capability. We have heard over I believe these changes significantly and over again that we must increase and baggage screening. I believe we improved the underlying legislation have a much improved aviation secu- and have left us with a product that our human intelligence. Almost every rity network because of the laws that speaks to many of the problems that time we get in a situation where we were adopted. Improving aviation secu- the 9/11 Commission found and which wonder what is happening in some rity is a continuous process, an expen- continue to exist in our airport trans- country—even sometimes when we are sive process, and we must continue to portation security network. engaged in war—we ask, Do we know make improvements to our aviation se- As I indicated, this is all in some flux this? Do we know that? The answers curity network. I think we all know now. It is being worked out with the are we should, but we don’t because we much more needs to be done. floor managers. I simply thank my col- don’t have anyone there. We don’t have Over the last 3 years, TSA, the leagues and the Presiding Officer and anyone on the ground. That wasn’t al- Transportation Security Administra- the two floor managers for allowing me ways the case, but it has become a tion, has had an appropriate oppor- to speak on what I think would be po- growing difficulty. tunity to get up and running. It was tentially quite a helpful amendment. Actually, I think we should be get- awkward at first. They are much better I yield the floor. ting better and better at it. What con- at it now. I, along with my colleagues The PRESIDING OFFICER. The Sen- cerns me is that part of this reform in on the Commerce Committee, have ator from Maine. this bill includes the transformation of conducted numerous oversight hear- Ms. COLLINS. Madam President, I the Central Intelligence Agency and its ings on TSA and aviation security, a thank the Senator from West Virginia, enhancement of human intelligence, as

VerDate jul 14 2003 03:54 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.075 S04PT1 S10324 CONGRESSIONAL RECORD — SENATE October 4, 2004 I said, but this reform in human intel- if that is the right characterization, served as chairman of the Senate Intel- ligence is very critical because we but certainly we have had difficulties ligence Committee. We had a full and must get better at it. But, simulta- accomplishing certain missions be- complete debate in 1993, and this issue neously, we must not inhibit it with cause we could not get enough trained has been reviewed, debated, and dis- overreaching privacy and civil liberties people on the ground in critical places cussed numerous times in the inter- provisions that may have a chilling ef- throughout the world. vening years. The argument that we fect on such activities. I am concerned that the oversight are being rushed into this decision is Simply put, I believe these provisions provisions of sections 126, 127, and 212 an excuse being used to stop this im- send a wrong message to our profes- in this bill will continue to hurt us in portant change. sional intelligence officers. Clearly, the this area. Regarding the second argument, that 9/11 Commission report includes rec- Having said that, I believe removing disclosing the overall budget will dam- ommendations highlighting the need these provisions would create a much age our national security, I cannot cite for adequate supervision of executive better balance between the Govern- a better source than the Deputy Direc- branch powers in order to protect civil ment authority needed to protect tor of the CIA John McLaughlin who liberties. As a modern democracy, we America and the civil liberties we hold testified last month that this impor- cherish individual rights and under- so dear. Removing these sections that tant step would reinforce responsibility stand the importance of creating insti- create too many oversight positions and accountability, not only for those tutions with a clear mandate for pro- would remove redundancy while main- receiving the money but for the Con- tecting those civil rights. However, taining the Privacy and Civil Liberties gress as well. In addition, Robert Gates this bill establishes two officers in the Oversight Board that was rec- and John Deutch, former Directors of National Intelligence Authority to ommended by the national commis- Central Intelligence, have said that re- oversee compliance of privacy policies sion. leasing the number would not damage and civil rights and civil liberties poli- Once again, I believe this bill does a national security. cies. very good job of enhancing our intel- Arguing that disclosure of the total It also creates no fewer than eight ligence system, but let us not under- spending for national intelligence similar officers for each of the execu- mine these positive steps before they would compromise our security and tive branch departments and agencies have had a chance to work. provide enemies with useful informa- concerned with national security. I yield the floor. I suggest the ab- tion about our intelligence programs These officers would be required to rec- sence of a quorum. ignores the reality of the current situa- ommend privacy and civil liberties The PRESIDING OFFICER. The tion. While the number is in fact classi- policies and to: clerk will call the roll. fied, it is widely reported in the press. periodically investigate and review depart- The legislative clerk proceeded to It also was officially declassified for ment, agency, or element actions, policies, call the roll. fiscal years 1997 and 1998 by former DCI procedures, guidelines, and related laws and Mr. ROCKEFELLER. Mr. President, I Tenet. their implementation to ensure that [they ask unanimous consent that the order Some have argued that the total are] adequately considering privacy and civil for the quorum call be rescinded. amount is not the problem; it is the liberties in [their] actions. The PRESIDING OFFICER. Without budget trends that need to be pro- These officers are created in addition objection, it is so ordered. tected. Again, current practice under- to an inspector general of the National AMENDMENT NO. 3903 mines this argument. Every year when Intelligence Authority. Clearly, insist- Mr. ROCKEFELLER. Madam Presi- we do the intelligence authorization ing on all of these goes well beyond dent, I rise today in opposition to bill, the chairmen and vice chairmen in what is necessary and may well hurt amendment No. 3903, offered by Sen- both Houses come to the floor and talk our attempt to improve our human in- ator TED STEVENS. This amendment about whether we have increased or de- telligence. strikes the provision in the bill that creased the budget that year. Often Our history of intelligence reform calls for the disclosure of the aggregate those statements include specific per- has many examples of sending wrong amount of funding requested, author- centage increases. These discussions messages to our intelligence officers. ized, and appropriated for the national and trends disclose nothing about the The restrictions and bureaucratic over- intelligence program. specific intelligence programs being sight instituted in the past have often There is one of the fundamental re- funded. hampered the aggressiveness of oper- forms recommended by the 9/11 Com- The idea that our enemies can some- ations and left our policymakers with mission and one that I have long sup- how determine something about our in- less than a complete picture about crit- ported. telligence capability by knowing the ical intelligence matters. The proponents of this amendment total of what we spend is simply not The chilling effect that began with have made two central arguments. accurate. Year-to-year changes in any the Church hearings in the 1970s, while First, they suggest we are rushing into specific program will not move the it did some things that were good—the this decision without fully under- overall total number enough to give an chilling effect is long remembered. It standing the implications. adversary any indication of how that has had a long, long effect. Second, they suggest that revealing money is being spent. The 1995 directive issued by former the amount of overall spending could In other sensitive national security CIA Director John Deutch, which lim- somehow damage our national secu- areas, we disclose much more informa- ited officers from including unsavory rity. tion without doing damage. We cur- individuals, was also something that Let us address the first argument, rently disclose an enormous amount of had enormous chilling effects and that we are rushing into this decision. detail about our defense budget and caused some difficulty in obtaining the I must point out this is not a new de- military capabilities. The amount of kind of people we needed as the human bate. The Congress has been consid- money we spend on personnel, acquisi- resources we have been describing. ering this particular question for at tion, and research and development is My concern is that excessive over- least a decade. In 1993, the Senate unclassified. Also available are the sight established by this current bill adopted an amendment calling for the amounts for specific weapons systems, will do the same thing, if not more. It disclosure of the aggregate amount of such as tanks, aircraft, and missile de- will leave case officers who do human intelligence spending. fense. intelligence missions concerned that Let me repeat that the Senate en- Even much of the spending in the de- they cannot do their jobs to the best of dorsed the idea 11 years ago. fense budget for specific tactical intel- their ability without worrying about That effort and a subsequent attempt ligence programs is unclassified cur- being disciplined or somebody kind of to make the top line public, which is rently. looking over their shoulder. what we are talking about—the total The disclosure of the total of the na- Some people have called this reluc- amount of the intelligence budget—in tional intelligence budget is simply not tance by operations officers, by these 1997 had the support of Senators SPEC- an academic debate. This step is crit- officers, ‘‘risk aversion.’’ I don’t know TER, Boren, and DeConcini, all of whom ical to many of the other reforms in

VerDate jul 14 2003 03:36 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.078 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10325 this bill which our floor managers are erties provision, I failed to mention the (6) The term ‘‘National Intelligence Pro- trying so hard to get done, and to some other provisions in the bill that at- gram’’— of the proposed congressional reforms tempt to provide similar or cor- (A)(i) refers to all national intelligence we will be discussing later this week. responding type relationships. One is programs, projects, and activities of the ele- Without a separate unclassified budget called the privacy and civil liberties ments of the intelligence community; number, the fund for the National In- oversight board. That is a very dif- (ii) includes all programs, projects, and ac- telligence Program will still need to be ferent thing within the purview of in- tivities (whether or not pertaining to na- included in the Defense Department telligence activities. It is almost polit- tional intelligence) of the National Intel- budget. This arrangement will hinder ical in nature. It is appointed by the ligence Authority, the Central Intelligence President and confirmed by the Senate, Agency, the National Security Agency, the effective control by the national intel- National Geospatial-Intelligence Agency, the ligence director and will restrict our three members of one party and two of National Reconnaissance Office, the Office of ability to organize in a way to stream- the other. Intelligence of the Federal Bureau of Inves- line congressional oversight, which is It seems to me a very significant in- tigation, and the Office of Information anal- what the 9/11 Commission and our floor trusion, perhaps, if one of those insti- ysis of the Department of Homeland Secu- tutions will have a very chilling effect. rity; and managers are seeking in their legisla- In addition to all of those I have tion. mentioned, four, that is five; I men- (ii) includes any other program, project, or To conclude, it will be virtually im- activity of a department, agency, or element tioned six, that is seven; and now we of the United States Government relating to possible to have a separate appropria- have an eighth, which is an ombuds- tions for intelligence without the de- national intelligence unless the National In- man, which seems, at least to me, to be telligence Director and the head of the de- classified intelligence budget. If we do a bit of piling on in this bill. You get partment, agency, or element concerned de- not take this step and make this num- one, and you think it is OK; someone termine otherwise; but ber public, we are seriously under- has another; and someone has another. (B) except as provided in subparagraph mining the reforms in this bill. There is no criticism in that, but that (A)(ii), does not refer to any program, I urge my colleagues to oppose the is what it appears to me. We used to project, or activity of the military depart- Stevens amendment and support this call that piling on when we went into ments, including any program, project, or key recommendation of the 9/11 Com- conference where somebody seemed to activity of the Defense Intelligence Agency mission. be piling on because they have so many that is not part of the National Foreign In- I thank the Presiding Officer and provisions affecting the same thing. telligence Program as of the date of the en- yield the floor. actment of this Act, to acquire intelligence But in this case, if that is what it is, it principally for the planning and conduct of Ms. COLLINS. Madam President, I will have serious potential for reper- thank the Senator from West Virginia joint or tactical military operations by the cussions that we don’t want. United States Armed Forces. for his very eloquent presentation. I thank you, Madam President, and As the Senator indicated, the intel- the Senate for yielding me this time. Mr. STEVENS. My point is this: In- ligence budget’s aggregate number has Mr. STEVENS. Madam President, I cluded in intelligence are the top se- been made public twice by the DCI. So apologize for not being here earlier. I cret plans of this country. They are the this is not unprecedented. But if the thank the managers of the bill, Sen- planning for future devices and con- amendment offered by the Senator ator COLLINS and Senator LIEBERMAN, cepts that deal with interception of in- from Alaska were adopted, let there be and their staffs for the work that has formation. They deal with the ability no mistake of what the effect would be. been done over the weekend, which we to identify individuals. They deal with The effect would be that the funding will be hearing about soon, trying to so many classified areas that I may be for the National Intelligence Program meet us halfway in terms of some of violating some rules by mentioning the would still be funded through Depart- the objections we have raised to the two I mentioned. ment of Defense. bill. The whole purpose of this bill is to We will soon vote on amendment No. All the money we put in this bill, create a national intelligence director 3903, which the Senator from Maine has hide in the intelligence bill, to stop with significant authority, and the just discussed, declassification respon- anyone from knowing about it, has to first and perhaps most significant of sibility. This is an enormous step to be disclosed under this direction, to in- those authorities is the control of the take mainly because of the absolute clude everything, any program, budget. The only way you can give the lobbying and pressure from two people project, or activity of any one of these NID true control over the budget is if from the 9/11 Commission. I have agencies. you have a separate account that the talked to other members on the Com- I plead with Members to think about NID controls. And we need to do that mission who were not so keen about de- classification. This is not routine clas- by declassifying the top level number. classification of the entire intelligence sification of who is an employee of the We did not go as far as the 9/11 Com- budget other than Mr. Hamilton and CIA. That is bad enough, come to think mission recommended. The 9/11 Com- Mr. Kean. of it. These activities are so far reach- mission recommended declassifying the Clearly, it is a massive step. From ing, and with so many agencies, includ- top lines of all the agencies’ budgets President Truman to President Bush, ing the defense agency that deals with within the National Intelligence Pro- every President of the United States research activities. It has projects it is gram. We did not adopt that approach. has said do not declassify the top line working on, which are so far out that Instead, we are only declassifying the of our budget. We have voted in the may prove to be viable. They are part Senate many times since I have been in aggregate number for the entire na- of the intelligence budget. They are the Senate as Members have tried to do tional intelligence budget, a number I classified. They are down in the black this, and we have uniformly turned note is often estimated and reported in portion of the bill and are kept classi- down such a proposal. the newspapers today. Now it is in a bill for the first time. fied because we do not want anyone to But the point I want to make to sup- We must take it out. It requires 51 know what we are researching and plement the remarks of the Senator votes to take out. In the past, it took what we are developing. It would be in- from West Virginia is if we do not do 51 votes to pass. We are in a different cluded in this. this, if we adopt the amendment of- position now than we were before. Very No amendment we ever looked at be- fered by the Senator from Alaska, we clearly, because of the scope of this fore would have done that, but because will undermine a key reform in the bill bill, we are doing something even more of the definition of intelligence in this because the intelligence budget is so expansive than amendments that came bill it becomes all inclusive and there big that if it is not going to be declas- before the Senate before. is no alternative. sified, it has to go through the Depart- Again, I call the attention of the ment of Defense. There is no other Sometimes I think maybe I am just Senators who will vote to the scope of not able to communicate totally what agency or department that is big the definition of national intelligence enough to conceal the total amount of I am thinking about this bill. It is far under this bill. It is a sweeping defini- reaching to the point of having the the budget. tion. This is going to be an important vote I ask that page 6, beginning on line ability to destroy intelligence capa- bility to plan for the future. which is coming up this afternoon. 19, be printed in the RECORD. Mr. DOMENICI. Madam President, There being no objection, the mate- There is no question about the right when I delivered my short remarks in rial was ordered to be printed in the to know everything—except the secrets reference to the privacy and civil lib- RECORD, as follows: of the country. Aren’t we allowed to

VerDate jul 14 2003 03:36 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.081 S04PT1 S10326 CONGRESSIONAL RECORD — SENATE October 4, 2004 have some secrets? Do we have to dis- ing people around the world to spy for What we are doing is saying that the close a number that encompasses the us? Are we naive enough to think we billions of dollars that are spent every financing of secret activities, some so are not paying people? It would be in year on intelligence is the people’s classified they are not even top secret; there. Unless the Senator disagrees money. Unless there is a national secu- they are code word? You have to be with me, there is one little exception: rity reason not to tell them what the cleared for the word. You have to be to- unless someone decides otherwise. I am bottom line is we are spending, they tally cleared. And there are very few not sure what that means because it have a right to know. One of the con- people cleared for these activities. I only refers to that one section. It is re- sequences of that is that there will be don’t think there are many people in lated to national intelligence. more accountability. the Senate who are cleared for code Now, national intelligence is intel- Acting Director of Central Intel- word activities. ligence that is covered by section 5. It ligence John McLaughlin said to our Should we tell them what we are does not refer to counterintelligence or committee: spending for code word activities? We law enforcement activities conducted I think it would make some sense to de- do not even tell them the word—but we by the Federal Bureau of Investigation. classify the overall number of the foreign in- telligence program. It would reenforce re- will have to print in the RECORD now, It does not say it does not cover coun- sponsibility and accountability. disclose in the top line of the intel- terintelligence or activities of the CIA ligence budget, all of those activities. or the DIA, but it does for the FBI. This is nobody who was pulled in out I will speak later about it. Again, I I think the problem is, the defini- of nowhere to run the CIA. He spent his implore the managers of the bill to tions of these programs are so specific entire career, more than 30 years, in in- think twice about this precedent we now to this bill. But this one covers telligence. Mr. STEVENS. Will the Senator would be setting, reversing the votes in the disclosure of the total amount. yield? the Senate—reversing because now it That is what I object to. Mr. LIEBERMAN. No. I would like requires 51 votes to take it out. In the Mr. BURNS. Madam President, I have drawn the conclusion that basi- to—— past, it was 51 votes to get it passed. Mr. STEVENS. But you are using for- This has shifted the burden from the cally this destroys the network. And we wonder why we do not have human eign intelligence. This is national in- intelligence people who want to protect telligence. He talked about foreign in- the Intelligence Committee to the peo- resources on the ground in some areas in the world and, yes, even in our own telligence. ple who do not understand it, do not Mr. LIEBERMAN. Excuse me, he wish to really understand it. I am not country. I will tell you, if this is dis- closed, this will be one of the main rea- talked about national intelligence be- being accusatory of my two friends. fore our committee. It is the bottom They have worked hard and are trying sons that we will have. Mr. STEVENS. Let me tell the Sen- line, a gross number. to understand, but some of us have ator one thing before I quit. I remem- The colloquy between the Senator lived a lifetime in trying to understand ber one morning I woke up and the New from Montana and the Senator from it. This amendment has to pass. York Times had a picture of the Pred- Alaska was interesting but bore no rel- If we want to disclose the budget to ator on the front page, and it disclosed evance whatsoever to the proposal in the extent that it is not classified in that it was capable of carrying the our bill. Do you think we would make terms of top secret or above, that is an- Hellfire missile. If there was anything this recommendation if we thought it other matter. We can disclose a portion that was totally classified at that would compromise the security of any- of the budget that is in the secret cat- time, that was it, and there it was out body in our intelligence community? egory, but when we get to top secret there on the front page. Do you know Let me ask you this: How would it? It and above—no. If we include that, what. About a week later, we missed is the bottom line. It is not even the 15 count me out. I cannot believe we several people in Afghanistan on whom constituent agencies of the intelligence would do that. I hope the Senator will we were trying to use the Hellfire mis- community. This does not compromise listen to us later. sile. They knew it was already there. anybody’s security any more than the Mr. BURNS. Will the Senator yield? They knew it was armed by that time. Defense Department budget com- Mr. STEVENS. I am delighted to Before that, it had not been armed and promises the security of our soldiers, yield. before that no one had the capability or the DEA budget, which is public, Mr. BURNS. As I looked at this to arm it. But we developed a way to Drug Enforcement Agency, com- amendment and thought of making arm it, and there it was on the front promises the security of any of our available the information of how much page of the New York Times. drug enforcement agents, or the FBI we spend on intelligence—not only are Now, this concept of leakage of the budget. People in DEA and FBI are in- there operations we have to take into intelligence community’s activities volved in very dangerous work. consideration, lives of people are on starts from the top line. I do not under- Anyway, it is only the bottom line. the line. We make them more vulner- stand why we should reverse the his- The PRESIDING OFFICER. Under able every day in their work, gathering tory of this Senate. The Senate has the previous order, the hour of 4:15 hav- intelligence. never voted to disclose the intelligence ing arrived, the Senate will proceed to Mr. STEVENS. The Senator is abso- budget—never. a series of votes on pending amend- lutely right. The PRESIDING OFFICER. The Sen- ments, with 2 minutes equally divided Mr. BURNS. And I ask the Senator, ator from Connecticut. for debate prior to each vote. The first has anyone determined what it does to Mr. LIEBERMAN. Madam President, amendment is Senator BYRD’s amend- the human assets, the people? They are I have great respect for the Senator ment, amendment No. 3845. the best we have. Are they willing to from Alaska. He has always contrib- The PRESIDING OFFICER. The Sen- work for this agency to get the best in- uted to our country in so many dif- ator from Maine. telligence we need? ferent ways. I have great respect for Ms. COLLINS. Madam President, I Mr. STEVENS. The problem is, once his long experience in matters of de- want to explain to our colleagues what we make available this top line they fense and intelligence. I assure him of is going to happen before we proceed. wish to disclose and then start through this. There will be a motion to table the the budget on what you can find easily, He raised the question about whether Byrd amendment. There will be 2 min- pretty soon you come down to the por- the Senator from Maine and I under- utes equally divided and then a motion tion of the budget that is in the classi- stand what we are doing. Let me assure to table the Byrd amendment. fied sector, and then you start to pick him, we understand. We have spent a We have been able to work out an it apart. You know what will happen. It lot of time studying this issue. The 9/11 agreement on Senator WARNER’s will keep getting question after ques- Commission has spent a lot of time amendment. That will be the second tion after question. studying this issue. We disagree with matter we deal with. He will send a But the people who risk their lives, the amendment of the Senator from modification to the desk, and it is my who are foreign nationals, are paid Alaska. We have a difference of conclu- hope to be able to adopt that amend- from this budget. We are really going sion about policy, but we understand ment by a voice vote and vitiate the to put in there how much we are pay- exactly what we are doing. rollcall request.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.084 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10327 Then there will be consideration of The PRESIDING OFFICER. Without sides. I worked in cooperation with the an amendment from Senator STEVENS objection, the amendment is further White House staff in its preparation, having to do with the effective date. modified. and they have expressed strong concur- Again, we have worked out a com- The amendment, as further modified, rence. promise on that, working very hard is as follows: The PRESIDING OFFICER. The Sen- throughout the weekend. I expect Sen- On page 40, strike line 18 and all that fol- ator from Maine. ator STEVENS will propose a modifica- lows through page 42, line 9, and insert the Ms. COLLINS. Madam President, I tion to his amendment, and that will following: thank the distinguished chairman of allow us to clear that amendment by a (b) NID RECOMMENDATION OR CONCURRENCE the Armed Services Committee for voice vote. IN CERTAIN APPOINTMENTS.—With respect to working with Senator LIEBERMAN and We then will proceed to the Stevens any position as head of an agency, organiza- me on the appointment authority. This amendment dealing with classification, tion, or element within the intelligence com- is a very important issue. We have which has been debated extensively. munity (other than the Director of the Cen- struck the right balance in the modi- That will require a rollcall vote, and I tral Intelligence Agency)— (1) if the appointment to such position is fication. I urge acceptance of the modi- will be moving to table it. made by the President, any recommendation fication which embodies the com- We then will move to another Ste- to the President to nominate or appoint an promise we worked on over the week- vens amendment where, again, I am individual to such position shall be accom- end. pleased to report there is another com- panied by the recommendation of the Na- The PRESIDING OFFICER. The Sen- promise. It has to do with the inter- tional Intelligence Director with respect to ator from Connecticut. agency counterterrorism plans. Again, the nomination or appointment of such indi- Mr. LIEBERMAN. Madam President, an amendment will be sent to the desk vidual to such position; and I thank Senator WARNER for the initia- incorporating the compromise. I be- (2) if the appointment to such position is tive and for the reasoning that we have lieve Senator STEVENS will be offering made by the head of the department con- done. We have come up with a result that. I anticipate being able to accept taining such agency, organization, or ele- ment, the Director of the Central Intel- that is a wise and solid balance. We are that on a voice vote. creating a new position—national in- So I want my colleagues to know ligence Agency, or a subordinate official of such department or of the Central Intel- telligence director—but we want that that we have made considerable ligence Agency, no individual may be ap- position to work particularly closely progress in accommodating concerns pointed to such position without the concur- with the Secretary of Defense. This expressed by the Senator from Virginia rence of the National Intelligence Director. compromise says that on the critical and the Senator from Alaska. As a re- (c) PRESIDENTIAL AUTHORITY.—This sec- national intelligence agencies—NSA, sult, I see the need for two rollcall tion, and the amendments made by this sec- NGA, and NRO—that are now in the votes out of the five that were ordered. tion, shall apply to the fullest extent con- Defense Department, whereas the ini- I hope that is how it will unfold. sistent with the authority of the President The PRESIDING OFFICER. Who under the Constitution relating to nomina- tiative to head that department was yields time with regard to the amend- tion, appointment, and supervision of the previously in the national intelligence ment? unitary executive branch. director, we are giving it back to the Mr. BURNS. Madam President, I say On page 42, after line 25, add the following: Secretary of Defense but asking for (e) CONFORMING AMENDMENTS.—(1) Section concurrence from the national intel- to the managers of the bill, I would 201 of title 10, United States Code, is amend- like to respond to the ranking mem- ligence director before it goes to the ed— President. ber’s assessment of why the funds (A) by striking subsection (a); should be disclosed. I ask permission to (B) by redesignating subsections (b) and (c) The PRESIDING OFFICER. The time do that. as subsections (a) and (b), respectively; of the managers has expired. The PRESIDING OFFICER. Does the (C) by striking ‘‘Director of Central Intel- Mr. LIEBERMAN. In fact, this Senator yield time? ligence’’ each place it appears and inserting amendment broadens the involvement Ms. COLLINS. Madam President, I ‘‘National Intelligence Director’’; of the national intelligence director in am wondering if perhaps that could be (D) in subsection (a), as so redesignated— these important nominations. done in the 2 minutes on the Stevens (i) in paragraph (1)— I thank the Senator for his coopera- amendment, since we have an awful lot (I) by striking ‘‘seek’’ and inserting ‘‘ob- tion. It shows that Senator COLLINS tain’’; and and I are willing to hear and accept a of amendments to get through. I am (II) by striking the second sentence; and very hesitant to cut off the Senator good idea. (ii) in paragraph (2)— Mr. WARNER. Madam President, I from Montana, but would that be ac- (I) by redesignating subparagraphs (B) and ceptable? (C) as subparagraphs (C) and (D), respec- note the long hours and hard work of Mr. BURNS. That will be fine. We tively; and the two managers. We started on this might ask for a little more time. (II) by inserting after subparagraph (A) the on Thursday, when I first introduced it, Ms. COLLINS. OK. Madam President, following new subparagraph (B): and we worked it again on Friday. we would now proceed to 2 minutes of ‘‘(B) The Director of the Defense Intel- Those were productive days. Even debate equally divided on Senator ligence Agency.’’; and though we did not have rollcall votes (E) in paragraph (2) of subsection (b), as so BYRD’s amendment. on Friday, much was accomplished, in- The PRESIDING OFFICER. That is redesignated— cluding the resolution of this amend- (i) by redesignating subparagraphs (B) and correct. (C) as subparagraphs (C) and (D), respec- ment. Mr. WARNER. Madam President, see- tively; and I ask now that the amendment be ing the absence of Senator BYRD, I ask (ii) by inserting after subparagraph (A) the agreed to. the Senator, would you like to proceed following new subparagraph (B): The PRESIDING OFFICER. The to my amendment to take a little time ‘‘(B) The Director of the Defense Intel- question is on agreeing to amendment while he comes to the floor? ligence Agency.’’. No. 3877, as further modified. Ms. COLLINS. Madam President, I (2)(A) The heading of such section is The amendment (No. 3877) was agreed think that would be a good idea. I ask amended by striking ‘‘consultation and’’. to. unanimous consent that we proceed to (B) The table of sections at the beginning Ms. COLLINS. Madam President, I of subchapter II of chapter 8 of such title is Senator WARNER’s amendment first move to reconsider the vote. amended in the item relating to section 201 while we are waiting for Senator BYRD. Mr. WARNER. I move to lay that mo- by striking ‘‘consultation and’’. The PRESIDING OFFICER. Without tion on the table. objection, it is so ordered. Mr. WARNER. This is an amendment The motion to lay on the table was Who yields time? which strikes a balance between the re- agreed to. The Senator from Virginia. spective authorities of the newly to be AMENDMENT NO. 3845 Mr. WARNER. Madam President, I created NID together with the Sec- The PRESIDING OFFICER. The now observe the presence of the Sen- retary of Defense and others as it re- question now occurs on the amendment ator from West Virginia. lates to the recommendations to the of the Senator from West Virginia. AMENDMENT NO. 3877, AS FURTHER MODIFIED President for the appointment of Presi- The Senator from Maine. Madam President, I send to the desk dential appointees. It has the support Ms. COLLINS. Madam President, the a modification to amendment No. 3877. of the distinguished managers on both amendment of the Senator from West

VerDate jul 14 2003 06:03 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.088 S04PT1 S10328 CONGRESSIONAL RECORD — SENATE October 4, 2004 Virginia would considerably limit the vision included in an amendment I of- to reform of the intelligence commu- authority of the national intelligence fered during markup of the bill in the nity. The Acting Director of the CIA director to move money and people. It Government Affairs Committee. Sec- said it best. He talked about how cum- would undermine a key reform that is tion 224 requires that the NID, the Di- bersome the current system is. He told included in this bill, a reform that the rector of the NCTC, and the Director of us you first have to acquire the ap- 9/11 Commission says is absolutely nec- any other intelligence center make in- proval of the agency head, then you essary to empower the NID. Otherwise telligence information available upon have to go to the department sec- we are just creating another layer of the request of committees of Congress retary, then you have to go to OMB, bureaucracy. We need to make sure with jurisdiction over the subject mat- and then you have to go to Congress. that the NID has the authority to mar- ter to which the information relates, or We are keeping the OMB and congres- shal the resources, the people, and the upon the request of the chairman or sional steps. I want to make that clear. funding to counter the biggest threats ranking member of the House or Sen- But that process, he told us, typically we face. ate Intelligence Committees. Too much takes 5 months, and, as he said—and I The Byrd amendment would actually information and too many documents quote John McLaughlin: give the new national intelligence di- have been withheld from congressional So you can see that’s not very agile to rector less authority than the DCI has committees by the CIA. If we are going meet the needs of today. My view is that the under current law to move around to prevent a stronger national intel- national intelligence director ought to have money and personnel to address urgent ligence direction from becoming a the authority to move those funds. needs. Under the Byrd amendment, ag- stronger ‘‘yes man’’ and stronger polit- I would also note that other provi- gregate transfers from a department or ical arm of a White House, there must sions in the bill are opposed by the an agency would be limited by a dollar be strong oversight from Congress. White House, and the amendment is op- and a percentage amount. There is no The intention of section 224(b)(3) is to posed by the chairman of the Intel- such limitation in current law. This limit the amount of intelligence infor- ligence Committee. amendment represents a step backward mation that the executive branch can I move to table the amendment and from current law. It would severely un- legally withhold from the Congress. ask for the yeas and nays. dermine the reforms. I am going to The requirement to provide informa- The PRESIDING OFFICER. Is there a move that it be tabled. I urge my col- tion to Congress exists unless the sufficient second? leagues to oppose the amendment. President asserts a Constitutionally- There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- based privilege. Senator BYRD and I ond. ator from West Virginia has 1 minute. both agree that the Congress should The question is on the motion. Mr. BYRD. Madam President, I ask have broad access to intelligence infor- The clerk will call the roll. unanimous consent for 2 minutes. I mation. I disagree, however, with that Mr. MCCONNELL. I announce that would like to yield to the distinguished part of the Byrd amendment which the Senator from Texas (Mr. CORNYN) Senator, chairman of the Appropria- strikes section 224(b)(3). and the Senator from Oklahoma (Mr. tions Committee and President pro Mr. NELSON of Florida. Mr. Presi- INHOFE) are necessarily absent. tempore of the Senate. dent, while I agree with the provisions I further announce that if present The PRESIDING OFFICER. Without of Senator BYRD’s amendment, No. and voting the Senator from Oklahoma objection, it is so ordered. 3845, that seeks to provide greater con- (Mr. INHOFE) would vote ‘‘yea.’’ Ms. COLLINS. Madam President, I gressional oversight of the national in- Mr. REID. I announce that the Sen- ask unanimous consent for an addi- telligence authority, my objections to ator from Hawaii (Mr. AKAKA), the Sen- tional minute on our side, then, as provisions in the amendment that ator from New Jersey (Mr. CORZINE), well. would require the National Intelligence the Senator from North Carolina (Mr. The PRESIDING OFFICER. Without Director to relinquish budget authority EDWARDS), the Senator from Florida objection, it is so ordered. make it necessary for me to oppose the (Mr. GRAHAM), the Senator from South The Senator from Alaska. amendment and vote in favor of the Carolina (Mr. HOLLINGS), the Senator Mr. STEVENS. Madam President, I motion to table the amendment. from Massachusetts (Mr. KENNEDY), believe this is another amendment that The PRESIDING OFFICER. The Sen- and the Senator from Massachusetts is sort of misunderstood. The powers of ator from West Virginia. (Mr. KERRY) are necessarily absent. the national intelligence director Mr. BYRD. Madam President, we The PRESIDING OFFICER (Mr. under this bill are much broader than must not take control of public moneys COLEMAN). Are there any other Sen- the CIA Director’s. Under this bill he from the elected representatives of the ators in the Chamber desiring to vote? has the right to move money from any people and give it to an unelected bu- The result was announced—yeas 62, part of the intelligence community to reaucrat. The Byrd-Stevens-Inouye- nays 29, as follows: another part without consent of the Warner amendment gives the director [Rollcall Vote No. 195 Leg.] agency to whom we appropriated the flexibility to transfer personnel YEAS—62 money and, really, without regard to and appropriations to protect against the program activities or even the terrorist attacks but provides a leash Alexander DeWine Mikulski Allard Dole Miller specifications Congress has put on that with which to rein him in should Allen Durbin Murray money. abuses occur. They may occur. They Bayh Ensign Nelson (FL) Take, for instance, reserve funds. Re- probably will in time. This is a safe- Bingaman Enzi Nelson (NE) serve funds are there in the event of Bond Feingold Nickles guard. Boxer Feinstein emergencies for the specific agency in- I say listen to the Constitution of the Pryor Breaux Fitzgerald Roberts Brownback Frist volved. He can go in to take the reserve United States. I am very interested in Rockefeller Bunning Graham (SC) funds from one agency and move them reform, and I admire the work the com- Santorum Campbell Grassley entirely to another agency without any mittee has done. But we are acting too Cantwell Hatch Schumer consent of the agency or the consent of hastily. We are not given enough time, Carper Hutchison Sessions the committees that appropriated the Chambliss Landrieu Shelby and we are going to rue the day that we Smith money for that reserve contingency. Clinton Levin turned this amendment down and Coleman Lieberman Snowe The Senator’s amendment makes a failed to leash this unelected bureau- Collins Lincoln Specter lot of sense. Those of us who are co- crat. We, the people, stand by the Con- Conrad Lott Sununu sponsors are very serious about our stitution. Craig Lugar Talent Crapo McCain Voinovich support. The PRESIDING OFFICER. The Sen- Daschle McConnell Wyden Mr. LEVIN. Mr. President, I support ator from Maine. much of what is contained in amend- Ms. COLLINS. Madam President, tes- NAYS—29 ment No. 3845, offered by Senator timony from former DCIs as well as Baucus Chafee Dorgan Bennett Cochran Gregg BYRD. However, I will vote against the other experts confirmed the need for Biden Dayton Hagel amendment because it strikes from the stronger authority to transfer and re- Burns Dodd Harkin underlying bill section 224(b)(3), a pro- program funds and told us this is key Byrd Domenici Inouye

VerDate jul 14 2003 06:03 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.092 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10329 Jeffords Leahy Stabenow through III of this Act (including the amend- in the case of intelligence collection Johnson Murkowski Stevens ments made by such titles), or one or more and analysis, secrecy, is absolutely Kohl Reed Thomas particular provisions of such titles’’. necessary. Kyl Reid Warner On page 212, between lines 16 and 17, insert Lautenberg Sarbanes Some of my colleagues argue that the following: NOT VOTING—9 (d) DELAYED EFFECTIVE DATE.—(1) Except the American people have a right to Akaka Edwards Inhofe with respect to a provision specified in sub- know how much of their money is Cornyn Graham (FL) Kennedy section (b), the President may extend the ef- being spent to defend their Nation’s se- Corzine Hollings Kerry fective date of a provision of titles I through curity through intelligence-gathering The motion was agreed to. III of this Act (including the amendments operations. I assert today that, made by such provision) for any period up to through its elected officials, the public AMENDMENT NO. 3829, AS MODIFIED 180 days after the effective date otherwise The PRESIDING OFFICER. There interests are being effectively served. provided by this section for such provision. Some argue that disclosing the total will now be 2 minutes of debate equally (2) The President may extend the effective divided on the Stevens amendment No. date of a provision under paragraph (1) only budget amount will instill public con- 3829. if the President determines that the exten- fidence and enable the American people Ms. COLLINS. Mr. President, I am sion is necessary to safeguard the national to know what portion of the Federal very pleased to inform our colleagues security of the United States and after bal- budget is dedicated to intelligence ac- ancing the need for a smooth transition in that, after working very closely with tivities. This bill recommends that the the implementation of titles I through III of overall intelligence budget should no Senator STEVENS, Senator LIEBERMAN this Act against the need for a rapid imple- longer remain classified. I believe that and I have agreed to a modification of mentation of such titles. his amendment that is acceptable to On page 212, line 17, strike ‘‘(c)’’ and insert the total budget figure is of no use to us. ‘‘(e)’’. anyone but to those who wish to do us The bill originally called for an effec- On page 212, line 18, strike ‘‘(b)’’ and insert harm. tive date after enactment of 180 days. ‘‘(c) or (d)’’. For example, what do the numbers tell our adversaries or potential adver- The amendment of Senator STEVENS On page 212, line 23, strike ‘‘earlier’’ and would retain that date but give the insert ‘‘earlier or delayed’’. saries in the world? In any given year, On page 212, line 25, strike ‘‘earlier’’ and perhaps, not a great deal. But while President the ability to extend for an- insert ‘‘earlier or delayed’’. other 6 months for certain provisions watching the changes in the budget Mr. STEVENS. I thank the Senators of the bill. That is an acceptable com- over time, and using information gath- from Maine and Connecticut for work- promise. ered by their own intelligence activi- ing with us on this amendment. It does I thank the Senator from Alaska for ties, sophisticated analysts can indeed stretch out the timeframe and makes working with the Senator from Con- learn a great deal. much more sense. necticut and myself to reach this Trend analysis, as you know, is a Mr. LIEBERMAN. Mr. President, I agreement. I want my colleagues to technique that our own analysts use to thank the Senator from Alaska. We take note that we have accommodated make predictions and to reach conclu- have improved this. We have said 180 the Senator’s concern in this regard. sions. There are hostile foreign intel- days for the effective date. If the Presi- Mr. STEVENS. I send a modification ligence agencies all over the world that dent decides it is in the national secu- of my amendment to the desk. are focused solely on gathering every The PRESIDING OFFICER. The rity interest to extend that, he can do bit of information that they can about amendment is so modified. that. If he decides he wants to imple- our own intelligence-gathering oper- The amendment (No. 3829), as modi- ment it earlier than 180 days in the na- ations and our capabilities. Their ulti- fied, is as follows: tional security interest, he can do that mate goal is to exploit weaknesses and as well. It is a good compromise. I sup- to deny access and to deceive our own AMENDMENT NO. 3829 (AS MODIFIED) port it. intelligence collectors. Denial and de- On page 133, line 4, strike ‘‘90 days’’ and in- The PRESIDING OFFICER. The sert ‘‘180 days’’. ception is already a serious concern for On page 134, line 4, strike ‘‘180 days’’ and question is on agreeing to the amend- the intelligence community, and pro- insert ‘‘270 days’’. ment. viding our enemies or potential en- On page 135, line 15, strike ‘‘270 days’’ and The amendment (No. 3829), as modi- emies with any insight as to what we insert ‘‘1 year’’. fied, was agreed to. spend on intelligence will only make it On page 140, line 6, strike ‘‘30 days’’ and in- Mr. STEVENS. Mr. President, I move worse, not better. sert ‘‘90 days’’. to reconsider the vote. No other nation, friend, or ally, re- On page 145, line 12, strike ‘‘1 year’’ and in- Mr. LIEBERMAN. I move to lay that veals the amount that it spends on in- sert ‘‘15 months’’. motion on the table. On page 149, line 16, strike ‘‘1 year’’ and in- telligence. It would set a terrible, dan- sert ‘‘15 months’’. The motion to lay on the table was gerous precedent, because right after On page 150, line 20, strike ‘‘1 year’’ and in- agreed to. the aggregate budget was revealed, sert ‘‘15 months’’. AMENDMENT NO. 3903, AS MODIFIED that number doesn’t say much and so On page 212, beginning on line 3, strike The PRESIDING OFFICER. There the calls would be quickly for more in- ‘‘subsection (b), this Act, and the amend- will now be 2 minutes of debate equally formation. ments made by this Act,’’ and insert ‘‘sub- divided on the Stevens amendment No. This is a slippery slope. Reveal the sections (b), (c), and (d), titles I through III of this Act, and the amendments made by 3903. first number and it will be just a mat- such titles,’’ Mr. STEVENS. Mr. President, could ter of minutes before there will be a On page 212, between lines 6 and 7, insert we have order? call to reveal more information. the following: Determining classification is the re- I want to remind my colleagues that (b) SPECIFIED EFFECTIVE DATES.—(1) The sponsibility and duty of the chief exec- we voted on a similar measure in 1997— provisions of section 206 shall take effect as utive of the United States, the Presi- the amendment failed by a vote of 56– provided in such provisions. dent, who is also Commander in Chief. 43. There have also been five votes in (2) The provisions of sections 211 and 212 Presidents Truman through Bush has the House—all of which have failed. shall take effect 90 days after the date of the enactment of this Act. determined that the overall intel- Let us not change our records now. On page 212, line 7, strike ‘‘(b)’’ and all that ligence budget top-line figure is, and The President of the United States follows through ‘‘United States’’ on line 10 shall remain, classified, and I believe and every President since Harry Tru- and insert ‘‘(c) EARLIER EFFECTIVE DATE.—In we should not overrule that judgment. man has requested that the Senate not order to safeguard the national security of The foundation of an effective intel- declassify the amount our country the United States through rapid implemen- ligence capability, is secrecy. Secrecy spends on intelligence. I believe we tation of titles I through III of this Act while protects not only the information that should listen to what he tells us. I have also ensuring a smooth transition in the im- we collect, but also the brave people amended my original amendment to re- plementation of such titles,’’. On page 212, beginning on line 11, strike that put themselves at risk to do the quest that only a study be done on this ‘‘Act (including the amendments made by collection of it. We are an open and a important issue. That the national in- this Act), or one or more particular provi- free society that generally abhors se- telligence director have the time to in- sions of this Act’’ and insert ‘‘titles I cret dealings by our Government. But vestigate this important topic and let

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.019 S04PT1 S10330 CONGRESSIONAL RECORD — SENATE October 4, 2004 him, with the President, decide what On page 116, strike lines 21 through 23, and The PRESIDING OFFICER. If the the safety needs of our Nation are to insert the following: vote is reconsidered, the amendment be. (c) REPORT.—Not later than 180 days after will be pending. Based on the recommendations of our the effective date of this section, the Na- Mr. STEVENS. I give notice of recon- tional Intelligence Director shall submit to colleagues here in the past, I hope you Congress a report on the results of the stud- sideration. will accept this change and support ies carried out under subsections (a) and (b). The PRESIDING OFFICER. The Sen- ator from Alaska. this amendment. The PRESIDING OFFICER. The Sen- Mr. STEVENS. Mr. President, I re- The PRESIDING OFFICER. The time ator from Connecticut. gret seriously I was unable to make my of the Senator has expired. Mr. LIEBERMAN. I move to table statement in full. I was not notified of The Senator from Connecticut. the amendment and ask for the yeas this time limit when I left on Friday. I Mr. LIEBERMAN. I rise respectfully and nays. to oppose the amendment of the Sen- The PRESIDING OFFICER. Is there a came back and found it. The statement ator from Alaska. The 9/11 Commission sufficient second? of my amendment there was not a recommended that we disclose not only There is a sufficient second. statement of my amendment. It was a the bottom line of what we spend on in- The question is on agreeing to the statement in opposition to my amend- telligence but the budgets of each of motion. ment. I was unable to tell the Senate the 15 constituent agencies. The clerk will call the roll. that the statement of policy of the The Governmental Affairs Com- The legislative clerk called the roll. President of the United States supports mittee decided that we could respond Mr. MCCONNELL. I announce that this amendment. I think the Senate and respect the public’s right to know the Senator from Oklahoma (Mr. should reconsider tomorrow and think by putting out the bottom line number. INHOFE) is necessarily absent. again about this amendment. That means X billion dollars. No de- I further announce that if present Is there a time limit on me right tails about what goes to what agency and voting the Senator from Oklahoma now? or certainly not what goes to what pro- (Mr. INHOFE) would vote ‘‘aye.’’ Mr. LIEBERMAN addressed the gram or what personnel. But we were Mr. REID. I announce that the Sen- Chair. not ready to order the disclosure of the ator from Hawaii (Mr. AKAKA), the Sen- Mr. STEVENS. Mr. President, I have intelligence agency budget specifically, ator from New Jersey (Mr. CORZINE), the floor. Is there a time limit? and we asked the national intelligence the Senator from North Carolina (Mr. The PRESIDING OFFICER. The director to come back to us with a EDWARDS), the Senator from Florida Chair advises the Senator that he can- study. (Mr. GRAHAM), the Senator from South not move to reconsider as he did not That is a good balance. The Senator Carolina (Mr. HOLLINGS), the Senator vote on the prevailing side. from Alaska would prohibit public dis- from Massachusetts (Mr. KENNEDY), Mr. LIEBERMAN. I move to recon- closures of the bottom line. The public and the Senator from Massachusetts sider the vote. I was on the prevailing has a right to know at least that. One (Mr. KERRY) are necessarily absent. side. thing they might conclude from that is The result was announced—yeas 55, Ms. COLLINS. I move to lay that mo- that we are not spending enough on in- nays 37, as follows: tion on the table. Mr. STEVENS. Mr. President, I ob- telligence in the war on terrorism as [Rollcall Vote No. 196 Leg.] ject. compared to other things we are spend- YEAS—55 The PRESIDING OFFICER. The ing on. Alexander Durbin McCain question then is on agreeing to the mo- We worked hard on this. It is bal- Baucus Ensign Mikulski tion to table. anced. It respects the right to know. Bayh Feingold Murray Biden Feinstein Mr. STEVENS. Mr. President, is that The families of people lost on 9/11 op- Nelson (FL) Bingaman Graham (SC) Pryor debatable? pose this amendment, as I do. Boxer Grassley Reed The PRESIDING OFFICER. It is not Breaux Gregg I move to table and I ask for the yeas Reid debatable. Cantwell Hagel Rockefeller and nays. Carper Harkin Santorum The question is on agreeing to the Ms. COLLINS. Mr. President, I would Chafee Jeffords Sarbanes motion to table. Clinton Johnson also point out that if we do not disclose Schumer The motion is agreed to. the top line, the result is the intel- Coleman Kohl Collins Landrieu Snowe Mr. STEVENS. I object. ligence budget is still funded through Cornyn Lautenberg Specter The PRESIDING OFFICER. The mo- the Department of Defense. So if we Daschle Leahy Stabenow tion to reconsider is laid upon the are trying to give the national intel- Dayton Levin Sununu table. DeWine Lieberman Voinovich ligence director real budget authority, Dodd Lincoln Wyden The motion to lay on the table was we have to disclose that top line. We Dorgan Lott agreed to. are not disclosing the top line of the NAYS—37 The Senator from Alaska. CIA, the DIA, the NSA; it is only the Mr. STEVENS. Mr. President, I call Allard Crapo Murkowski up amendment No. 3830. aggregate figure for the entire national Allen Dole Nelson (NE) intelligence budget. Otherwise we are Bennett Domenici Nickles Several Senators addressed the not reforming the process. The funding Bond Enzi Roberts Chair. will have to go through the Depart- Brownback Fitzgerald Sessions Mr. STEVENS. I still have the floor, Bunning Frist ment of Defense. Shelby do I not, Mr. President? Burns Hatch Smith AMENDMENT NO. 3826, AS MODIFIED Mr. STEVENS. Mr. President, I send Byrd Hutchison Stevens Campbell Inouye a modification to the desk. Talent The PRESIDING OFFICER. There Chambliss Kyl Thomas The PRESIDING OFFICER. The Cochran Lugar will now be 2 minutes of debate equally Warner amendment is so modified. Conrad McConnell divided on the Stevens amendment No. The amendment (No. 3903), as modi- Craig Miller 3826, according to the previous order. fied, is as follows: NOT VOTING—8 The Senator from Maine. Ms. COLLINS. Mr. President, I be- AMENDMENT NO. 3903 AS MODIFIED Akaka Graham (FL) Kennedy On page 115, strike lines 15 through 25 and Corzine Hollings Kerry lieve we have worked out an agreement insert the following: Edwards Inhofe on Senator STEVENS’ amendment No. (a) STUDY ON DISCLOSURE OF AGGREGATE The motion was agreed to. 3826, as modified, that is acceptable to AMOUNT OF APPROPRIATIONS REQUESTED.— Mr. STEVENS. Parliamentary in- both sides. I am pleased we have been The National Intelligence Director shall con- quiry. able to reach a compromise. This duct a study to assess the advisability of dis- The PRESIDING OFFICER (Mr. amendment would clarify the NCTC Di- closing to the public the aggregate amount rector’s role in advising the President of appropriations requested in the budget of CORNYN). The Senator from Alaska. the President for each fiscal year for the Na- Mr. STEVENS. If I give notice of re- and the national intelligence director. tional Intelligence Program. consideration of that vote, what hap- It uses language that we worked out On page 116, line 1, strike ‘‘(c)’’ and insert pens under the cloture vote as set for carefully during the committee mark- ‘‘(b)’’. tomorrow? up with Senator LEVIN and others.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.023 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10331 Specifically, the NCTC Director The legislative clerk proceeded to sulted on that at all. I think in view of would advise the President and the NID call the roll. the haste with which this bill is mov- on interagency counterterrorism plan- Mr. LIEBERMAN. Mr. President, I ing forward, it is very sad. It is going ning and activities which is consistent ask unanimous consent that the order to change this Senator’s vote on clo- with the NCTC Director’s responsi- for the quorum call be rescinded. ture tomorrow because I am tired of bility to conduct interagency counter- The PRESIDING OFFICER. Without having this bill being pushed so hard. terrorism planning. objection, it is so ordered. It is being pushed by a group of peo- I urge adoption of the amendment, as Mr. LIEBERMAN. Mr. President, I ple who were part of a commission that modified. have had a conversation with the Sen- went out of existence. They went out Mr. STEVENS. Has the amendment ator from Alaska. I remove my objec- and raised a million and a half dollars, been modified, Mr. President? tion to his calling up the amendment. and they are lobbying this Senate. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- They are lobbying hard, principally the objection, the amendment is modified. ator from Alaska. two leaders. They are no longer leaders The amendment, as modified, is as Mr. STEVENS. Mr. President, I of that Commission, and they are de- follows: renew my request. manding that we act. Are they reg- On page 84, beginning on line 8, strike The PRESIDING OFFICER. Without istered lobbyists? Are they? What right ‘‘joint operations relating to objection, the pending amendment is have they to push this Senate so hard? counterterrorism’’ and insert ‘‘interagency set aside. counterterrorism planning and activities’’. I think we should take some time The clerk will report. and consider what we are doing. If we Mr. STEVENS. Mr. President, I will The legislative clerk read as follows: are not careful, we will destroy the in- say for the record the Senator from The Senator from Alaska [Mr. STEVENS], telligence system we are trying to re- Maine is correct. We have modified this for himself, Mr. WARNER, and Mr. INOUYE, organize. I am in favor of reorganizing as requested by the committee. proposes an amendment numbered 3830. it. I said that in the beginning. But The PRESIDING OFFICER. The Mr. STEVENS. Mr. President, I ask this is going too fast, when I am pre- question is on agreeing to amendment unanimous consent that reading of the vented from even reading, perhaps just No. 3826, as modified. amendment be dispensed with. 1 minute to read a 3-minute statement, The amendment (No. 3826) was agreed The PRESIDING OFFICER. Without and nothing in front of the Senators on to. objection, it is so ordered. our side indicated the President of the Ms. COLLINS. I move to reconsider The amendment is as follows: United States was in favor of this the vote. (Purpose: To modify certain provisions amendment. I offered it because the Mr. LIEBERMAN. I move to lay that relating to the Central Intelligence Agency) statement came from the administra- motion on the table. On page 28, beginning on line 16, strike ‘‘of tion. The motion to lay on the table was the National Intelligence Director’’. agreed to. I think we should slow down. If we On page 43, beginning on line 1, strike ‘‘OF don’t slow down, we are going to be THE NATIONAL INTELLIGENCE DIREC- AMENDMENT NO. 3827 around a long time because I remember The PRESIDING OFFICER. The Sen- TOR’’. Senator ALLEN who stretched out a clo- ator from Alaska. On page 43, beginning on line 5, strike ‘‘of the National Intelligence Director’’ and in- ture vote once for 3 weeks. I really be- Mr. STEVENS. I call up amendment sert ‘‘for the National Intelligence Director lieve there should be some senatorial No. 3830. and the Director of the Central Intelligence courtesy involved when a Senator is The PRESIDING OFFICER. Under Agency’’. trying to oppose a pressure group like the previous order, the next vote is on On page 43, beginning on line 17, strike ‘‘of this. It is not easy to do. I know that. amendment No. 3827. There will be two the National Intelligence Director’’. On page 141, between lines 16 and 17, insert But I am up to it, I tell you. I am up minutes of debate evenly divided. to it. And people better understand The Senator from Maine. the following: that. Ms. COLLINS. Mr. President, I ask (H) the Director of the Central Intelligence I ask that that amendment be set unanimous consent that that amend- Agency or his designee; On page 141, line 16, strike ‘‘(H)’’ and insert aside for the purpose of further consid- ment be temporarily laid aside. ‘‘(I)’’. eration tomorrow. The PRESIDING OFFICER. Without On page 141, line 18, strike ‘‘(I)’’ and insert The PRESIDING OFFICER. Without objection, it is so ordered. ‘‘(J)’’. Mr. STEVENS. Now what is the reg- On page 141, line 21, strike ‘‘(J)’’ and insert objection, it is so ordered. The amend- ular order, Mr. President? ‘‘(K)’’. ment is set aside. The PRESIDING OFFICER. There is On page 179, beginning on line 21, strike The Senator from Kansas. no order before the Senate. ‘‘and coordination of’’ and all that follows AMENDMENT NO. 3740, AS MODIFIED The Senator from Alaska. through ‘‘elements of’’ beginning on line 23 Mr. ROBERTS. Mr. President, I ask and insert ‘‘, and coordinate outside the AMENDMENT NO. 3830 United States, the collection of national in- unanimous consent to set aside the Mr. STEVENS. Mr. President, I call telligence through human sources by agen- pending amendment, and I call up up amendment No. 3830. cies and organizations within’’. amendment No. 3740 with a modifica- Mr. LIEBERMAN. Mr. President, I On page 194, beginning on line 23, strike tion which I send to the desk. object. ‘‘of the National Intelligence Director’’. The PRESIDING OFFICER. The The PRESIDING OFFICER. Objec- Mr. STEVENS. Mr. President, what amendment is already pending. tion is heard. is the pending amendment that was set Mr. ROBERTS. Mr. President, I Mr. STEVENS. There is an objection aside? thank the chairman and ranking mem- to calling up the amendment? The PRESIDING OFFICER. The ber for crafting an amendment with me Mr. LIEBERMAN. I suggest the ab- pending amendment was No. 3810 by that embodies several technical and sence of a quorum. Senator LEVIN which has been set clarifying modifications to their bill. Mr. STEVENS. I just want to call it aside. If, in fact, the distinguished Senator up and set it aside and qualify it for a Mr. STEVENS. Mr. President, am I and the distinguished ranking member vote later. interfering with a time agreement now at this time would accept the amend- Mr. LIEBERMAN. I suggest the ab- by continuing on the floor? ment, it would be highly desirable on sence of a quorum. The PRESIDING OFFICER. There is the part of this Senator. The PRESIDING OFFICER. It takes no time. The PRESIDING OFFICER. The Sen- unanimous consent to set aside the Mr. STEVENS. Mr. President, I am ator from Maine. pending amendment. constrained to say that I am disturbed Ms. COLLINS. Mr. President, I thank Mr. LIEBERMAN. I repeat my objec- at the process that has just been used. the distinguished chairman of the In- tion, and I suggest the absence of a I was out of town. I left town saying I telligence Committee for working very quorum. was willing to work. I come back and closely with us in proposing this The PRESIDING OFFICER. The find a series of my amendments have a amendment which combines portions of clerk will call the roll. 2-minute time limit. I was not con- several other amendments that he has

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.098 S04PT1 S10332 CONGRESSIONAL RECORD — SENATE October 4, 2004 introduced. It clarifies that the mis- pending amendment, and call up whose testimony is needed for the perform- sion of the national intelligence au- amendment No. 3748, as modified, ance of the duties of the Ombudsman. thority includes eliminating barriers which I send to the desk. Mr. ROBERTS. Mr. President, this to the coordination of all intelligence The PRESIDING OFFICER. Without amendment ensures that the analytic activities, including but not limited to objection, it is so ordered. The amend- review unit will be able to perform an counterterrorism. It appropriately en- ment is modified. important quality control and account- sures that the congressional intel- The amendment, as modified, is as ability mechanism for the analytic ligence committees will receive reports follows: product of the intelligence community. relating to the acquisition authorities On page 78, line 19, insert ‘‘regular and de- This is an important function that has of NSA and NGA. It provides that the tailed’’ before ‘‘reviews’’. not been performed by the intelligence NID may directly modify budget pro- On page 79, strike lines 1 and 2 and insert community as well as it should have. I posals made by agencies as part of the the following: thank the chairman and ranking mem- national intelligence program. I appre- political considerations, based upon all ber for working with me to ensure that ciate how closely the chairman has sources available to the intelligence commu- this important amendment is adopted. nity, and performed in a manner consistent worked with Senator LIEBERMAN and with sound analytic methods and tradecraft, I yield to the distinguished chair- me. I am pleased to support the amend- including reviews for purposes of deter- man. ment, and I urge its adoption. mining whether or not— The PRESIDING OFFICER. The Sen- Mr. ROBERTS. I thank the Senators (A) such product or products state sepa- ator from Maine. for their assistance. rately, and distinguish between, the intel- Ms. COLLINS. Mr. President, I again The PRESIDING OFFICER. Without ligence underlying such product or products thank the distinguished chairman for objection, the amendment is modified. and the assumptions and judgments of ana- working very closely with the floor The amendment, as modified, is as lysts with respect to the intelligence and managers on this amendment. such product or products; It provides thoughtful clarifications follows: (B) such product or products describe the On page 9, line 13, strike quality and reliability of the intelligence un- to the establishment of an analytic re- ‘‘counterterrorism’’ and insert ‘‘intelligence, derlying such product or products; view unit under the Collins-Lieberman including counterterrorism,’’. (C) such product or products present and bill. I believe the changes made by this On page 23, line 1, strike ‘‘may require explain alternative conclusions, if any, with amendment would strengthen the bill. modifications’’ and insert ‘‘may modify, or respect to the intelligence underlying such may require modifications,’’. I urge its adoption. product or products; On page 28, line 17, strike ‘‘or’’ and insert The PRESIDING OFFICER. The Sen- (D) such product or products characterizes ‘‘and’’. ator from Connecticut is recognized. the uncertainties, if any, and the confidence On page 112, beginning on line 12, strike Mr. LIEBERMAN. Mr. President, I, in such product or products; and ‘‘Committee on Governmental Affairs of the too, rise to support the amendment the (E) the analyst or analysts responsible for Senate and the Committee on Government such product or products had appropriate ac- Senator from Kansas offered. It clari- Reform of the House of Representatives’’ and cess to intelligence information from all fies and strengthens the bill. I thank insert ‘‘Select Committee on Intelligence sources, regardless of the source of the infor- him for it and I urge its adoption. and the Committee on Governmental Affairs mation, the method of collection of the in- The PRESIDING OFFICER. The of the Senate and the Permanent Select formation, the elements of the intelligence Committee on Intelligence and the Com- question is on agreeing to the amend- community that collected the information, mittee on Government Reform of the House ment, as modified. or the location of such collection. of Representatives’’. The amendment (No. 3748), as modi- On page 200, strike lines 5 through 11 and On page 80, line 1, insert ‘‘(A)’’ after ‘‘(5)’’. fied, was agreed to. insert the following: On page 80, line 3, strike ‘‘, upon request,’’. On page 80, between lines 5 and 6, insert Mr. WARNER. Mr. President, I would SEC. 307. CONFORMING AMENDMENTS ON RE- the following: like at this time to address the Senate SPONSIBILITIES OF SECRETARY OF and the managers with regard to two DEFENSE PERTAINING TO NATIONAL (B) The results of the evaluations under INTELLIGENCE PROGRAM. paragraph (4) shall also be distributed as ap- amendments. I want to be cooperative Section 105(a) of the National Security Act propriate throughout the intelligence com- in the procedures that they may have of 1947 (50 U.S.C. 403–5(a)) is amended— munity as a method for training intelligence in mind for further amendments. If it (1) in paragraph (1), by striking ‘‘ensure’’ community analysts and promoting the de- is convenient, I would like to move for- and inserting ‘‘assist the Director in ensur- velopment of sound analytic methods and ward. If not, I would like to know at ing’’; and tradecraft. To ensure the widest possible dis- tribution of the evaluations, the Analytic what time would be more convenient (2) in paragraph (2), by striking ‘‘appro- for the managers. I think we are mak- priate’’. Review Unit shall, when appropriate, produce evaluations at multiple classifica- ing considerable progress. The PRESIDING OFFICER. The tion levels. The PRESIDING OFFICER. The Sen- question is on agreeing to the amend- (6) Upon completion of the evaluations ator from Maine is recognized. ment. under paragraph (4), the Analytic Review Ms. COLLINS. Mr. President, I very The amendment (No. 3740) was agreed Unit may make such recommendations to much appreciate the courtesy of the to. the National Intelligence Director and to ap- Senator from Virginia. I would like to Ms. COLLINS. Mr. President, I move propriate heads of the elements of the intel- suggest that we have a brief quorum to reconsider the vote and to lay that ligence community for awards, commenda- tions, additional training, or disciplinary or call so we can try to have some order. motion on the table. We have several requests on both sides The motion to lay on the table was other actions concerning personnel as the Analytic Review Unit considers appropriate of the aisle to proceed on amendments. agreed to. in light of such evaluations. Any rec- I need to compare notes with the Mr. ROBERTS. I ask unanimous con- ommendation of the Analytic Review Unit Democratic manager of the bill. sent to set aside the pending amend- under this paragraph shall not be considered Mr. WARNER. Mr. President, I cer- ment. binding on the official receiving such rec- tainly want to be cooperative. I hope The PRESIDING OFFICER. Without ommendation. the Senator will take into consider- On page 80, line 6, strike ‘‘INFORMATION.—’’ objection, it is so ordered. ation that I now have the floor. and insert ‘‘INFORMATION AND PERSONNEL.— AMENDMENTS NOS. 3741, 3744, AND 3751, (1)’’. Ms. COLLINS. I certainly will. If the WITHDRAWN On page 80, line 8, insert ‘‘, the Analytic Senator wants to proceed— Mr. ROBERTS. Mr. President, I ask Review Unit, and other staff of the Office of Mr. WARNER. No. I want to be coop- unanimous consent to withdraw from the Ombudsman of the National Intelligence erative. I am perfectly willing to yield consideration amendment Nos. 3741, Authority’’ after ‘‘Authority’’. the floor for the purpose of a quorum. 3744, and 3751. On page 80 line 10, insert ‘‘operational and’’ It is my hope that I will be recognized The PRESIDING OFFICER. Without before ‘‘field reports’’. at such time as the quorum call is to On page 80, between lines 13 and 14, insert objection, the amendments are with- be withdrawn at the discretion of the drawn. the following: (2) The Ombudsman, the Analytic Review managers. AMENDMENT NO. 3748, AS MODIFIED Unit, and other staff of the Office shall have Ms. COLLINS. Thank you, Mr. Presi- Mr. ROBERTS. Mr. President, I ask access to any employee, or any employee of dent. That is my intent. unanimous consent to set aside the a contractor, of the intelligence community I suggest the absence of a quorum.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.101 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10333 The PRESIDING OFFICER. The reaches of the administration is unclear. Ms. tor George Tenet in the White House clerk will call the roll. Rice— situation room on December 23, 2002. The assistant legislative clerk pro- The National Security Adviser— We were told unequivocally that the ceeded to call the roll. knew about the debate before her Sept. 2002 tube was intended for Iraq’s reconsti- Mr. CHAMBLISS. Mr. President, I CNN appearance. . . . President Bush learned tuted nuclear weapons program. We ask unanimous consent that the order of the debate at roughly the same time, a were given no indication that there for the quorum call be rescinded. senior administration official said. was another possible purpose for that The PRESIDING OFFICER. Without The report goes on to document how, tube. We were given no indication that objection, it is so ordered. even though the 15 different agencies of there was serious disagreement among Mr. CHAMBLISS. Mr. President, I the Federal Government with responsi- the nuclear experts in the Federal Gov- ask unanimous consent that I be al- bility for intelligence gathering and as- ernment about the use of those tubes. lowed to proceed as in morning busi- sessment differed on this analysis, ac- We were not given all the facts. We ness. cording to congressional and intel- were given one set of facts, the one The PRESIDING OFFICER. Without ligence officials, none of them in- that supported the position of the objection, it is so ordered. formed senior policymakers in the Con- President and the Vice President and (The remarks of Mr. CHAMBLISS are gress about the Energy Department’s the one they wanted us to take when printed in today’s RECORD under dissent, and the Energy Department we voted on the administration’s war ‘‘Morning Business.’’) contained the nuclear experts most resolution just a few days later. Mr. CHAMBLISS. I yield the floor knowledgeable about the probable use It turns out the information we were and suggest the absence of a quorum. of these tubes for another purpose. given was wrong. One and a half years The PRESIDING OFFICER. The Despite this disagreement, despite of subsequent inspections by over 1,400 clerk will call the roll. the uncertainty, Vice President CHE- U.S. weapons inspectors has uncovered The assistant legislative clerk pro- NEY in the fall of 2002, in a speech to no evidence of a reconstituted Iraqi nu- ceeded to call the roll. the Veterans of Foreign Wars on Au- clear weapons program under Saddam Mr. DAYTON. Mr. President, I ask gust 26 of that year, stated: Hussein. Some 1,300 of those tubes were unanimous consent that the order for We now know Saddam has resumed his ef- found to be part of a short-range rock- the quorum call be rescinded. forts to acquire nuclear weapons. . . .Many et program which did not represent a The PRESIDING OFFICER. Without of us are convinced that Saddam will acquire threat to our own national security. nuclear weapons fairly soon. Just how soon objection, it is so ordered. The nuclear threat of Iraq was Presi- Mr. DAYTON. Mr. President, what is we cannot really gauge. Intelligence is an dent Bush and Vice President CHENEY’s the pending business? uncertain business, even in the best of cir- trump card, and they played it to the The PRESIDING OFFICER. The Sen- cumstances. hilt. They betrayed the trust of the ate is considering the Intelligence Re- The Vice President went on to say: Members of Congress to persuade us to form Act. Armed with an arsenal of these weapons of Mr. DAYTON. Mr. President, I ask terror, and seated atop 10 percent of the vote for their war resolution. They unanimous consent that I may be per- world’s oil reserves, Saddam Hussein could withheld information we should have mitted to speak for up to 10 minutes as then be expected to seek domination of the had rightfully as Members of this body entire Middle East, take control of a great in morning business. before making that fateful decision. portion of the world’s energy supplies, di- We have 138,000 American troops The PRESIDING OFFICER. Without rectly threaten America’s friends through- objection, it is so ordered. committing their lives, risking their out the region, and subject the United States lives, bleeding, fighting, some of them IRAQ’S WMD or any other nation to nuclear blackmail. dying, on a daily basis, and we are now Mr. DAYTON. Over the weekend, Yet the article goes on to say that told that the administration has any there was a very alarming report in the neither the Vice President nor Ms. Rice other number of plausible explanations New York Times that stated that sen- mentioned that the Nation’s top nu- for why they conducted this operation. ior administration officials repeatedly clear design experts believed over- But the truth is that for many of us, failed to disclose the contrary views of whelmingly that the tubes were poorly the overwhelming argument being America’s leading nuclear scientists suited for the centrifuges that would be made back in the fall of 2002 when that about tubes that could be used for ei- used for nuclear warheads. war resolution was being debated was The article goes on: ther a nuclear weapons program in Iraq the supposed nuclear threat of Iraq. or for alternative purposes, such as Mr. Cheney, who has a history of criti- And for us to not have been told the cizing officials who disclose sensitive infor- short-range rockets. truth and all the truth about the facts I understand the article is printed in mation, typically refuses to comment when the administration had before it at the today’s RECORD in Senator BYRD’s re- asked about secret intelligence. Yet on this time to me is shameful, disgraceful, marks. day, with a Gallup poll showing that 58 per- and a fundamental violation of the The investigative article found: cent of Americans did not believe President Bush had done enough to explain why the public trust. Senior administration officials . . . some- United States should act against Iraq, Mr. I thank the Chair. I yield the floor. times overstated even the most dire intel- CHENEY spoke openly about one of the clos- The PRESIDING OFFICER (Mr. FITZ- ligence assessments of the tubes, yet mini- est held secrets regarding Iraq. Not only did mized or rejected the strong doubts of nu- GERALD). The Senator from Tennessee. Mr. CHENEY draw attention to the tubes; he Mr. ALEXANDER. Mr. President, are clear experts. did so with a certitude that could not be That they had alternative uses. found in even the CIA’s assessments. On we in morning business? The PRESIDING OFFICER. We are They worried privately that the nuclear ‘‘Meet the Press,’’ Mr. CHENEY said he knew case was weak, but expressed sober certitude ‘‘for sure’’ and ‘‘in fact’’ and ‘‘with absolute not. in public. certainty’’ that Mr. Hussein was buying Mr. ALEXANDER. Mr. President, I equipment to build a nuclear weapon. ‘‘He rise to speak to an amendment that The article goes on to say: has reconstituted his nuclear program,’’ Mr. was accepted on Friday. The absence of unconventional weapons in CHENEY said flatly. The PRESIDING OFFICER. The Sen- Iraq is now widely seen as evidence of a pro- found intelligence failure, of an intelligence Ms. Rice said in a New York Times ator may proceed. community blinded by ‘‘group think,’’ false article today, referencing yesterday’s The Senator from Illinois. assumptions and unreliable human sources. investigative report, that she was Mr. DURBIN. Mr. President, if the Yet the tale of the tubes, pieced together aware of the dispute in September 2002 Senator from Tennessee will yield for a through records and interviews with senior among the different intelligence agen- moment to make a unanimous consent intelligence officers, nuclear experts, admin- cies when she stated in a television request to follow the Senator from istration officials and Congressional inves- interview that the tubes ‘‘are only Tennessee. tigators, reveals a different failure. really suited for nuclear weapons pro- Mr. WARNER. Reserving the right to Far from ‘‘group think,’’ American nuclear and intelligence experts argued bitterly over grams.’’ object, the Senator was not on the the tubes. . . . I have my own experience of being floor. I had the floor and yielded to the Precisely how knowledge of the intel- shown one of those tubes in a briefing managers for the purpose of going into ligence dispute traveled through the upper conducted by Ms. Rice and CIA Direc- the cloakroom. So I think I have a

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.104 S04PT1 S10334 CONGRESSIONAL RECORD — SENATE October 4, 2004 right to be recognized when the man- lieve the Senator from Arizona and I wish to inquire of the manager, is agers seek recognition, at which time I others did an excellent job of imple- this an appropriate time to move for- want to go ahead with my amend- menting the 9/11 Commission’s rec- ward? ments. May I inquire as to the amount ommendation that drivers’ licenses and Ms. COLLINS. Mr. President, I sug- of time my distinguished colleagues de- other personal identification docu- gest that the Senator from Virginia go sire? ments be upgraded so we can prevent ahead and present his amendments. Mr. ALEXANDER. I would like to terrorists from using them. AMENDMENTS NOS. 3874 AND 3875, EN BLOC have about 5 minutes, but it does not My one concern and the concern that Mr. WARNER. I send to the desk two need to be now. the Senator from Arizona recognized amendments which I will address. They Mr. WARNER. I am trying to be ac- was that I do not want to see the Fed- are companion amendments, but I felt eral Government come up with this commodating. it was necessary to do it in two dif- good idea, pass it into law, require the Mr. DURBIN. Speaking through the ferent amendments. One is 3874 and one States to do it, and then send the bill Chair, I am happy to follow the Sen- is 3875. Copies are at the desk, but for to the States. We call that an unfunded ator from Virginia if the Senator will the convenience of the clerk I will send Federal mandate, and most of us in give some indication of the time se- up additional copies. this body have said we will not do that quence. We can propound a unanimous The PRESIDING OFFICER. Without anymore. consent request that I follow the Sen- objection, it is so ordered. Senators MCCAIN, COLLINS, and ator from Virginia after he has spoken, The amendments are as follows: if he can give me some indication of LIEBERMAN have worked out an accept- how long he will speak. able way, I believe, to deal with that AMENDMENT NO. 3874 Mr. WARNER. If it is agreeable to problem. Basically, the amendment (Purpose: To provide for the treatment of the distinguished Senator, I will follow that was adopted on Friday will give programs, projects, and activities within the Joint Military Intelligence Program him and the Senator from Illinois can the Secretary of Transportation 18 months from the passage of the bill to and Tactical Intelligence and Related Ac- follow me. tivities programs as of the date of the en- Mr. DURBIN. Will the Senator from work with State and local officials to actment of the Act) Virginia give me a rough indication of come up with a set of minimum stand- ards for driver’s licenses. During that On page 211, after line 22, add the fol- how long he might speak? lowing: negotiation, States will include esti- Mr. WARNER. I will not take an SEC. 337. RETENTION OF CURRENT PROGRAMS, undue period. It is largely in the hands mates of the cost of implementing the PROJECTS, AND ACTIVITIES WITHIN of the managers as to their desire to proposed standards. JOINT MILITARY INTELLIGENCE probe some of the aspects of the After this 18-month period, the rules PROGRAM AND TACTICAL INTEL- LIGENCE AND RELATED ACTIVITIES amendments. I hope it can be a reason- will be made final. At that point, we will have before us the new require- PROGRAMS PENDING REVIEW. able period of time, and I hope we will (a) RETENTION WITHIN CURRENT PRO- ments for States for these upgraded not prolong the Senator’s schedule. GRAMS.—Notwithstanding any other provi- Mr. DURBIN. I ask unanimous con- drivers’ licenses and other personal sion of law, all programs, projects, and ac- sent that I follow the Senator from identification documents as well as the tivities contained within the Joint Military Virginia, after he has spoken to his costs that we are imposing on the Intelligence Program and the Tactical Intel- amendments, to speak in morning busi- States. At that time, it will be up to ligence and Related Activities program as of ness. us, if we are true to our word about no the date of the enactment of this Act shall more unfunded Federal mandates, to remain within such programs until a thor- Mr. WARNER. I thank my colleague ough review of such programs is completed. for his usual courtesy. appropriate the appropriate amount of money that it would take Tennessee, (b) REMOVAL FROM CURRENT PROGRAMS.—A The PRESIDING OFFICER. Without program, project, or activity referred to in objection, it is so ordered. Montana, New York, and all the other subsection (a) may be removed from the The Senator from Tennessee. States to pay for this new requirement Joint Military Intelligence Program or the Mr. ALEXANDER. Mr. President, I that we have imposed on the States. Tactical Intelligence and Related Activities say to the Senator from Virginia, if his That will be something we can debate programs only if agreed to by the National amendments are ready to be adopted, and discuss at that time. Intelligence Director and the Secretary of he can offer them. The State governments will have 2 Defense. Mr. WARNER. No, they are not ready years from the issuance of the final AMENDMENT NO. 3875 to be adopted. regulation to implement these stand- (Purpose: To clarify the definition of ards, but it is our responsibility then, AMENDMENT NO. 3807 National Intelligence Program) if it is our good idea, if we impose it on Mr. ALEXANDER. Mr. President, I On page 6, strike line 24 and all that fol- the States, to pay for it. I, and I am rise to speak briefly to an amendment lows through page 7, line 2, and insert the sure many others in this body, will be following: that was accepted on Friday. I thank here to argue strenuously that we do, (ii) includes all programs, projects, and ac- the managers of the bill, the Senator and we should. tivities of the National Foreign Intelligence from Maine and the Senator from Con- This is an excellent amendment. I am Program as of the date of the enactment of necticut, for doing this and the Sen- glad it was accepted on Friday. I appre- this Act, including the Central Intelligence ator from Arizona, Mr. MCCAIN, for his ciate the work of the National Gov- Agency, the work in making it possible. ernors Association and the Senators Mr. WARNER. I have heard reference This has to do with the recommenda- who were involved. This will give the made to the fact that this bill leaves tion of the 9/11 Commission that the States the time and resources that intact the manner in which we deal Federal Government set standards for States need to make the necessary with the TIARA programs and the the security of personal identification changes to drivers’ licenses and other JMIP; that is, the Joint Military Intel- documents such as drivers’ licenses to personal identification documents. ligence Program. I would like to read prevent them from being counterfeited I call on my colleagues to keep this from page 412 of the 9/11 Commission. and used as identification for terror- moment in mind because 18 months to The Commission states as follows: ists. 2 years from now the bill will come due The Defense Departments’s military intel- As a former Governor, I have always and the bill should be paid by us, those ligence programs—the joint military intel- been skeptical of Federal rules that re- who impose the rule, and not sent to ligence program (JMIP) and the tactical in- quire States to take action that cost State governments. Sending the States telligence and related activities program States money. As someone who re- the bill would be an unfunded Federal (TIARA)—would remain part of that depart- spects civil liberties, I have been reluc- mandate, which we have said we will ment’s responsibility. tant to unnecessarily identify Ameri- not do. My question to the distinguished cans. In fact, as Governor, I vetoed the The PRESIDING OFFICER. Under managers, if they desire to reply, is, Is bill requiring a picture on a driver’s li- the previous order, the Senator from it their position—and I believe they cense three times because I thought it Virginia is recognized. have so stated, but I wish to give them was an unnecessary imposition on civil Mr. WARNER. Mr. President, I thank this opportunity—that the rec- liberties. But times have changed. I be- the distinguished Presiding Officer. ommendation of the Commission that

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.108 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10335 they remain at the Department of De- Intelligence Agency, the NGA, as it is AMENDMENT NO. 3874 fense, is it the understanding of Sen- referred to. For example, the Depart- The next amendment addresses what ators in their bill that is now before ment of Defense puts in the JMIP the distinguished managers said a few the Senate that that comports with budget, through the budgeting process, minutes ago. There could come a time that objective? a block of money. It can then go and where it is the judgment of the NID May I read it again? contract with these several what we that some of these programs should no Ms. COLLINS. Yes, please do. call combat agencies, because they longer be under the jurisdiction of the Mr. WARNER. Yes, I thank the Sen- have all the assets—the technical peo- JMIP, and therefore my other amend- ator. Page 412 of the Commission re- ple to do the work. So they sign the ment kicks in. It reads as follows: port: contract for a program and that pro- Removal From Current Programs. A pro- The Defense Department’s military intel- gram is absolutely essential to the gram, project, or activity referred to in sub- ligence program—the joint military intel- functioning of, in many instances, the section (a) may be removed from the Joint ligence program (JMIP) and the tactical in- TIARA program, but in many instances Military Intelligence Program or the Tac- telligence and related activities program the JMIP. And it is essential. The tical Intelligence and Related Activities pro- grams only if agreed to by the National In- (TIARA)—would remain part of that depart- JMIP cannot function unless that par- ment’s responsibility. telligence Director and the Secretary of De- ticular program for which it has con- fense. The PRESIDING OFFICER. The Sen- tracted with the NGA is fulfilled. So the two of them could make ad- ator from Maine. As I read this amendment—let’s call justments in the future. But right now, Ms. COLLINS. Mr. President, if I it program X—program X could be could respond through the Chair to the transferred under the language we have a number of programs in JMIP inquiry of the Senator from Virginia, ‘‘whether or not pertaining to National which are being performed by the com- the bill makes very clear that any in- intelligence,’’ and it goes into the bat agencies and I think it would not telligence assets that are principally NGA, and then, frankly, the NID might be in our best interests to dislodge for joint military operations or for tac- make a decision that, wait a minute, those programs now. In the future, if tical intelligence stay within the De- we have to get a very expensive over- the two heads agree, this is the statu- partment of Defense. head system and we have to go down tory authority to do it. I feel very strongly about these Now, there may be national intel- into the various budgets of the dif- ligence assets that are now included ferent combat agencies and scrape up amendments. So much so I will ask for within the Joint Military Intelligence some money. votes on them if we are not able to—I Program that could be transferred to So they come down and they say don’t say that in the way of anything the national intelligence program. The JMIP says they need the money, but I other than expressing my sincerity in tactical assets are clearly just under think we have to prioritize. We are these amendments, but I hope you the control of the Secretary of Defense, going to take the money and we are could possibly accept them. If you can- but some of the JMIP assets are na- going to put it toward the overhead not, I feel obligated to ask for the yeas tional, so that is why the bill is worded system and it will not be used—for ex- and nays. as it is with the word ‘‘principally.’’ ample, this is one of the main func- The PRESIDING OFFICER. The Sen- Mr. WARNER. I thank my distin- tions of the National Geospatial Agen- ator from Maine. guished colleague. cy—to make maps. As a matter of fact, Ms. COLLINS. Mr. President, I would I would like to now go to the bill and when I first came to the Senate it was point out that the amendment of the specifically draw the managers’ atten- the old mapping agency. Now it has distinguished Senator would require tion to pages 6 and 7. The bill reads: been combined several times through a that the Secretary of Defense agree to The term ‘‘National Intelligence Pro- number of job descriptions. the movement of any asset from the gram’’— But that could be lost. Suddenly we JMIP or TIARA budget to the National And that is what the distinguished are controverting the recommendation Intelligence Program budget. I want to make sure my colleagues manager was addressing— of the 9/11 Commission, that everything in the TIARA and the JMIP is going to realize that the White House opposes (A)(i) refers to all national intelligence giving the Secretary of Defense a veto programs, projects, and activities of the ele- be left untouched. ments of the intelligence community; (ii) in- That is the problem I see. I think we over what can be moved from JMIP or cludes all programs, projects, and activities have to take a good look at this TIARA to the new National Intel- (whether or not pertaining to national intel- amendment because my amendment ligence Program. I apologize for talk- ligence) of the National Intelligence Author- eliminates that language—that is one ing in acronyms in describing this. ity, the Central Intelligence Agency, the Na- of the two amendments—it eliminates As you know, the tactical intel- tional Security Agency, the National it in such a way that we redefine that ligence programs are the TIARA pro- Geospatial-Intelligence Agency, the National grams that are run by the various serv- Reconnaissance Office . . . paragraph 1. On page 6, the one I read from, strike so-and-so and put this lan- ices within the Department of Defense. Now, therein is the problem that the guage in, that is: The JMIP is the Joint Military Intel- Senator from Virginia has. What is the ligence Programs. meaning of ‘‘whether or not pertaining The term ‘‘National Intelligence Pro- gram’’— I note we have tried to strike a deli- to national intelligence’’? Because the (ii) includes all programs, projects, and ac- cate balance in this bill. We decided, title says this is the definition of na- tivities of the National Foreign Intelligence and so I joined the Senator from Vir- tional intelligence. (A)(i) basically Program as of the date of enactment of this ginia, to defeat an amendment that gives that, and then (ii) seems to ex- Act, including the Central Intelligence Agen- would have moved the NSA, the NGA, tend the definition to include programs cy— the NRO out of the purview and daily that are not now part of the national And then it goes on to read: supervision of the Secretary of De- intelligence program; that is, ‘‘whether the National Security Agency, the National fense. We were cognizant that the NSA or not pertaining.’’ I find that of con- Geospatial. . . . and the NGA provide direct support to siderable concern. All I have done is keep in place the the warfighter. The purpose of the amendment is to recommendation of the Commission. The underlying legislation, however, clarify that form because having had The very words I have heard the distin- does strike a delicate balance. We give considerable experience when I worked guished managers say on the floor a the national intelligence director con- in the Department and the years that I number of times—and I have it back in trol over the budgets, the tasking of have been privileged to be on the the previous Records, in which she has national assets, and certain personnel Armed Services Committee—and I have represented to this body in the course authorities, while leaving those agen- to be very careful as I speak because of the four or five days we have been cies under the day-to-day supervision these are so highly classified, but I will debating that we are not touching of the Secretary of Defense. I think just give generally a picture of my con- TIARA and we are not touching the that is the right balance. cern. JMIP. Keep in mind, when we talked to the Right now, the JMIP literally con- There is my problem. I believe this head of the NSA, the three-star Gen- tracts extensively with the Geospatial- fixes it. eral who runs that agency, he told us

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.110 S04PT1 S10336 CONGRESSIONAL RECORD — SENATE October 4, 2004 that he has more contact with the CIA Commission recommended with regard tional intelligence director budgetary than he does the Secretary of Defense; to these agencies. We did not sever authority over the national intel- that he is providing national intel- their connection to the Secretary of ligence programs. That would not in- ligence everyday beyond the needs of Defense. The Senator from Virginia is clude TIARA. It might include, as has the Pentagon. That is not in any way well aware of that. He is well aware been illuminated in a colloquy between to lessen the important role he is pro- that I opposed attempts to sever the the Senator from Virginia and the Sen- viding to our warfighters, to the com- connection with the Secretary of De- ator from Maine, some programs that bat commanders, to the Secretary of fense. The Senator from Virginia is are currently in JMIP, the Joint Mili- Defense. But these are national assets. well aware that the Secretary of De- tary Intelligence Program. Indeed, while I can’t disclose the fense would continue to have day-to- For the sake of reasonable organiza- amounts of the budgets or the exact day line authority supervision over tion, we wanted to take the full budg- percentages because they are classi- these agencies. ets of those national intelligence agen- fied, the majority of the budgets for The second point I make is there is cies—NSA, National Geospatial, and these agencies are already in the Na- nothing in this bill that would in any NRO. But what I want to say is that tional Foreign Intelligence Program way hinder the ability of the NGA to there is some indication that, for in- budget. provide much needed maps for our stance, a substantial percentage of one I understand the point of the Senator troops. That is just not going to hap- of those agency budgets is currently in from Virginia. As always, I am happy pen. The satellites that are used to JMIP. We expect that they will con- to try to work with him. I know Sen- produce these maps for the military tinue to work for the military and its ator LEVIN has some amendments in are also used for surveillance of inter- joint programs. But for the sake of de- this area that may bring further clar- national terrorism or compliance with cent organization and clear lines of au- ity. But I am concerned about the proliferation treaties. They are used to thority, the judgment made by our scope of his amendments. look at camps in Afghanistan. These committee was to say that all of the The PRESIDING OFFICER. The Sen- are national assets that are used by budgets of those three national intel- ator from Virginia. multiple agencies, and the bill reflects ligence agencies within the national Mr. WARNER. Mr. President, reply- that. intelligence program will go on budget ing to my distinguished colleague, let’s That is why the majority of the under the national intelligence direc- use the example of maps. They are ab- budgets for these agencies are already tor and to leave it. There is going to be solutely essential to the troops. They part of the National Foreign Intel- some overlap on what is now JMIP. can’t operate without maps. ligence Program—what we would re- The bill encourages the Secretary of The only existing entity of the Fed- name as the National Intelligence Pro- Defense and the national intelligence eral Government that can make maps gram. The majority of the budget fi- director to work out those areas of is the NGA. Right now, the JMIP, nances are already part of not JMIP, overlap. which is the Joint Military Intel- not TIARA, but what is known as Mr. WARNER. Mr. President, I thank ligence Program, is acting on behalf of NFIP. That would not in any way my colleague. He precisely came to my all the services—the Army, Navy, Air hinder the ability of these agencies to point. Force, and Marine Corps. They all des- meet their obligations to the Depart- Mr. LIEBERMAN. That was not my perately need maps. They have this ment of Defense and to our intention. contract which they pay for out of this warfighters. Mr. WARNER. Roughly about 30 per- budget to have the maps made. But the Mr. WARNER. Mr. President, in re- cent of the NGA budget is derivative of way your bill is drawn, it seems to me sponse to my colleague, I am not the JMIP budget. One of the pending that they could stop making the maps touching the satellites. I agree. Every- amendments of the Senator has this for the military because they think thing she said is absolutely correct. We provision in it. He said the programs that the dollars are better needed for are not touching the satellites. But we may be moved. My language does that. overhead systems. There sits the Sec- are concerned about things such as the It says: A program, project, or activity retary almost powerless unless he runs mundane maps which are about 80 per- referred to in subsection (a) may be re- right up to the President and says: cent used by the tactical forces, maybe moved from the JMIP or the tactical Wait a minute. And you can’t have him 20 percent distributed elsewhere in the intelligence but only if agreed to by going to the President on all of the Government for other purposes. But the national intelligence director and dozens of contracts that the JMIP has that is the heart and soul of tactical the Secretary of Defense. with the various contract agencies. intelligence. It is desperately needed. So they have the concurrence of the I ask a question. The 9/11 Commission You simply have to let those moneys two principals, and then move it but explicitly said don’t do this. I thought that the Secretary of Defense allocates leave in place now those programs such I understood the manager to say: Well, by contract to the NGA to do the maps that the budgets remain until they we are not doing it. I have about four be untouched. They cannot be seized in make a joint decision to move them. or five references where on the floor a sweep-up or a reprioritization. I used the example of maps. You can- the manager said we are not touching We just had an amendment which not cut off the flow of maps back to the TIARA or JMIP; those programs re- was rejected about the reprogramming troops, the sailors, and the airmen. Yet main under the budget of the Secretary authority. You have extensive re- those maps are made by the NGA. of Defense. programming authority. But time and Mr. LIEBERMAN. The Senator is With no intention to do other than time again, I have heard the Senator right. He is correct, obviously. It is what is right, we have a vague situa- from Connecticut say we are not going clearly not the intention of the bill to tion that we cannot let remain and to touch TIARA, we are not going to do that. The fact is the work of the Na- jeopardize the maps. It is the clearest touch the JMIP. Yet, if I could draw tional Geospatial Agency which we are thing I know that is understandable by the attention of my colleague from describing here that produces image in- everybody in this Chamber—the need Connecticut to page 6 of the bill, the telligence which is so critical to the for those maps for our soldiers, our language is very clear. It says: military is also, as the Senator knows, naval personnel on the high seas, those The term ‘‘national intelligence program’’ increasingly critical to the Depart- flying the aircraft. You cannot limit includes all programs, projects and activities ment of Homeland Security, even the the ability of the Secretary of Defense whether or not pertaining to national intel- Department of State. to adequately provide those maps. ligence. Mr. WARNER. I concur. I say to my distinguished colleague, So you are going beyond national in- Mr. LIEBERMAN. That is why we my colleague has a statute which puts telligence. You are grabbing the re- want to put the budget of the National in question the ability to control the sponsibilities of the TIARA Program Geospatial-Intelligence Agency in the very thing my colleague said time and and the JMIP. There is the language. national intelligence program. These time again she was not going to touch. Mr. LIEBERMAN. Mr. President, re- are national intelligence assets. Ms. COLLINS. Mr. President, first let sponding to my friend from Virginia, Clearly, the call of the military for me clarify that we did what the 9/11 the intention here is to give the na- the services of those assets will be a

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.112 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10337 priority of the agency wherever that Mr. WARNER. You did not confuse Interestingly, we communicated with budget authority is. this old fox; he is listening. But the the 9/11 Commission about this par- Mr. WARNER. Mr. President, I thank others may not be able to follow these ticular part of our bill, and they the Senator for that reassurance. But nuances. changed their position. Their position the language now transfers that pro- Mr. LIEBERMAN. The TIARA budget developed. I represent that as my best gram, if we look at the parenthetical is totally within the control of the Sec- understanding, but I urge the Senator on page 6, and includes all programs, retary of Defense. overnight to check with the staff and projects, and activities, whether per- Mr. WARNER. Splendid. Leave it members of the Commission. I rep- taining to national intelligence or not, there. resent that they support our proposal which means you grabbed it all and Mr. LIEBERMAN. With the Joint for budgetary authority for the na- moved it. Military Intelligence Program, it is tional intelligence director as con- That may be to the advantage of our not so clear. That is where there will tained in the bill Senator COLLINS and national intelligence system, our tac- be, if it is part of a national intel- I have put before the Senate that the tical system, some date in the future, ligence program, the budget authority Senator’s amendment would alter. but do not do it now until we have had will be with the national intelligence Mr. WARNER. I bring to the atten- some measure of experience. director. But the No. 1 customer is tion of the managers something they The Senator from Virginia has pro- going to be the Department of Defense. are already aware of, but I think it is vided for the removal of those pro- We are talking almost as if these are important it be incorporated in the de- grams with the concurrence of the two people in different governments. They bate. I draw the Senators’ attention to principals. You cannot take away from are going to work this out as they do the September 28, 2004, Statement of the Secretary of Defense. He is, under every day. Administration Policy, which is in the title 10, required to provide for the men I will read testimony from General RECORD in many places, the guidance and women of the Armed Forces their Hayden, the head of the National Secu- that was sent to you and your distin- basic needs. Nothing is more basic than rity Agency, before the House, August guished colleague, the chairman, Sen- the simple maps, and 80 percent of that 18. He says: ator COLLINS. It says in the fourth cost of producing those maps comes An empowered national intelligence direc- paragraph: out of JMIP. tor with direct authority over the national The administration opposes the Commit- I plead with the Senator, leave it for intelligence agencies should not be viewed as tee’s attempt to define in statute the pro- the moment. As we go through the pro- diminishing our ability or willingness to ful- grams that should be included in the Na- gression and implementation of this, it fill our responsibilities as a combat support tional Intelligence Program; the Administra- seems to me the NID and Department agency. tion believes that further review is required. of Defense can work it out if for some General Hayden is a very respected The Administration also believes that the reason there is concurrence of view- head of one of those agencies—speak- Committee’s bill provisions relating to the points. This is crippling the Secretary ing, in fact, for all of them later on— NID’s role in the acquisition in major sys- of Defense in fulfilling his missions saying to have a national intelligence tems needs further study. under title 10 where he is required by director with budget authority is not There is a clear statement of policy law, enacted by this Senate over a pe- going to diminish our ability or com- by the White House on the precise riod of many years, to keep those mitment to the combat support agen- point that is in these two amendments. troops supplied with what they need. cies. I say to my colleague, if the Senator Mr. LIEBERMAN. Mr. President, of Then he goes on to talk about how he has a reply to this, I am happy to hear course, we do not intend nor do I think has forward deployed hundreds of peo- it; otherwise, I ask for the yeas and we do in any sense cripple the Sec- ple with our U.S. military command, nays and then I will fight on. retary of Defense. We make a judgment and there is no way that the creation Mr. LIEBERMAN. Yes, indeed. I re- that some of these programs are na- of a national intelligence director, he spectfully disagree. I will share some- tional intelligence programs. They says, will alter that commitment to thing because we have been talking ought to be in the budget control of the the military. about the National Geospatial-Intel- national intelligence director. We enu- We are trying to create some budg- ligence Agency. merate which programs—TIARA, the etary clear lines to the national intel- GEN James Clapper spoke before us so-called tactical military programs— ligence director, not contravening the and gave some very strong views that off the table. That is with the Sec- title 10 responsibilities of the Sec- support to military programs would retary of Defense. That provides intel- retary of Defense. not be compromised in any way by cre- ligence to single services or some of Mr. WARNER. Mr. President, would ation of a strong national intelligence the joint programs. the Senator look at page 412 of the 9/11 director with budget and other authori- This is a difference of opinion. It is Report, please. ties over his agency. true that because we want to give some Let me read it: So this is a gentleman, a very distin- credibility to this national intelligence The Defense Department’s military intel- guished general, who is in charge of the director with these national assets as ligence programs—the joint military intel- exact agency we are talking about, who he serves the entire community, in- ligence program (JMIP) and the tactical and said to us directly that he was con- cluding, most of all, the President of related activities program (TIARA)—would fident the support of his agency to the the United States, we are recom- remain part of that department’s responsi- military would not be compromised in mending those budgets of those three bility. any way by a national intelligence di- agencies go to the national intelligence In testimony before your committee, rector with budget authority over his director. Then the negotiation begins the 9/11 Commissioners have repeatedly agency. with the Secretary of Defense. That is stated that some portions, as the Sen- It was quite interesting. He described a change. ator said, of JMIP, might ultimately in some detail, as the Senator has spo- I assure the Senator there is no in- need to be moved to the national intel- ken to, the direct support the National tention in any way to contravene or to ligence program but only after a thor- Geospatial Agency is giving to military diminish the capacity of the Secretary ough review. operations in the nine combatant com- of Defense to fulfill his title 10 statu- The humble Senator from Virginia is mands and increasingly to levels far tory requirements. He will work it out just trying to keep the programs in below the traditional boundaries of with the national intelligence director. place until as that wise old Commis- those commands to their subordinate Mr. WARNER. Mr. President, if I un- sion said, ‘‘ultimately’’ you may re- units. derstood my colleague, all the TIARA view them and consider moving them. In fact, as he said, national agen- and JMIP budgets are off the table. Did Mr. LIEBERMAN. I respond to my cies—this where it is hard to draw real the Senator just say that? friend who may be humble but is a very hard lines—national agencies are more Mr. LIEBERMAN. Not quite. distinguished, nonetheless, expert on and more providing what might on an- Mr. WARNER. It is the ‘‘not quite.’’ these matters, and I appreciate the other occasion be called tactical sup- Mr. LIEBERMAN. If I confused the Senator is so informed about the con- port. When our warfighters need im- Senator, I apologize. tents of the Commission report. agery support, General Clapper said

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.115 S04PT1 S10338 CONGRESSIONAL RECORD — SENATE October 4, 2004 they get it from the NGA employees that Senator LEAHY has asked me to AMENDMENTS NOS. 3913, 3915, AND 3916 EN BLOC who are often right out there with offer on his behalf. Mr. REID. Mr. President, I call up en them on the ground alongside their Ms. COLLINS. Reserving the right to bloc amendments Nos. 3913, 3915, and commanders. What struck me is he object, I am unaware of what these 3916 on behalf of Senator LEAHY. said to us that is the way things work three amendments are. We have a lot of The PRESIDING OFFICER. The now in the real world, and that nothing requests for other amendments to be amendments are considered pending. in the legislation we have put before brought up. I wonder if the Senator The amendments are as follows: the Senate, Senator COLLINS and I, would withhold so that I could talk AMENDMENT NO. 3913 would change that. I think that is a with him about what the three amend- (Purpose: To address enforcement of certain very strong statement from the head of ments are. Senator DURBIN was actu- subpoenas) the agency that I know the Senator is ally next in line. Mr. REID. Well, that is fine. But I On page 159, strike lines 19 through 25 and concerned about. insert the following: Mr. WARNER. Mr. President, if I thought we were going to allow amend- ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the might reply, I was privileged to know ments to be offered. If we are going to case of contumacy or failure to obey a sub- General Clapper very well. I think you pick and choose what amendments are poena issued under paragraph (1)(D), either will find he was not with the NGA, but going to be offered, I will object to all the Board or the Attorney General of the he was Director of the DIA, when he of them, because Senator LEAHY has United States may seek an order to require used to come before the Armed Serv- the right to offer his amendments if such person to produce the evidence required ices Committee. He is with the NGA anybody else does. I will be happy to by such subpoena from the United States dis- withhold for a short time. I withdraw trict court for the judicial district in which now. the subpoenaed person resides, is served, or Mr. LIEBERMAN. He is now. my request. may be found.’’. Mr. WARNER. I just point out to The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3915 you, I will have to go back and look at ator from Illinois. his testimony, but I know he fully un- Mr. DURBIN. Mr. President, it is my (Purpose: To establish criteria for placing in- derstands the need to keep intact the understanding I have a unanimous con- dividuals on the consolidated screening watch list of the Terrorist Screening Cen- Secretary of Defense’s absolute author- sent agreement to speak next as in ter, and for other purposes) ity to control those matters which are morning business, but since the chair- man of this committee and ranking At the appropriate place, insert the fol- essential to the fulfillment of his title lowing: 10 responsibilities. member have been on the floor all day SEC. ll. TERRORIST SCREENING CENTER. I say to you most respectfully, this, on this bill, I would withhold my op- (a) CRITERIA FOR WATCH LIST.—The Sec- in my judgment, is sufficiently vague portunity to speak if they have any retary of Homeland Security shall report to as to put that in jeopardy. But I have pending business on this bill that they Congress the criteria for placing individuals taken generously of the time of the want to take care of at this point. on the Terrorist Screening Center consoli- managers, so at this time I ask for the I say to the Senators, I know you dated screening watch list, including min- yeas and nays on both amendments want to stay for my speech, but I am imum standards for reliability and accuracy that are pending. sure you would like to take care of the of identifying information, the certainty and The PRESIDING OFFICER. Is there bill before us and pending amendments, level of threat that the individual poses, and an objection to it being in order to and I do not want to stand in your way. the consequences that apply to the person if So at this point, Mr. President, if I located. To the greatest extent consistent order the yeas and nays with one show with the protection of classified information of hands? can speak through you and ask the and applicable law, the report shall be in un- Mr. WARNER. Mr. President, I will chairman of the committee if she has classified form and available to the public, do it singularly if there is a technical any pending business at this point re- with a classified annex where necessary. problem. Why don’t I do it singularly. lated directly to the bill. If the Senator (b) SAFEGUARDS AGAINST ERRONEOUS LIST- First I ask for the yeas and nays on from Maine could inform me. INGS.—The Secretary of Homeland Security amendment No. 3875. Ms. COLLINS. Mr. President, I do not shall establish a process for individuals to The PRESIDING OFFICER. The Sen- yet know the answer to the question challenge ‘‘Automatic Selectee’’ or ‘‘No Fly’’ ator has the right to seek the yeas and raised by the Senator from Illinois. It designations on the consolidated screening watch list and have their names removed nays on amendment No. 3874, which is is very thoughtful of him. I offer to from such lists, if erroneously present. the currently pending amendment. withhold. I was going to debate a little (c) REPORT.—Not later than 180 days after Mr. WARNER. I thank the Presiding bit further with Senator WARNER, but the date of enactment of this Act, the Pri- Officer. I ask for the yeas and nays on perhaps we have covered that to death vacy and Civil Liberties Oversight Board amendment No. 3874. and should wait until tomorrow to con- shall submit a report assessing the impact of The PRESIDING OFFICER. Is there a clude our comments. the ‘‘No Fly’’ and ‘‘Automatic Selectee’’ lists sufficient second? I ask through the Chair, could the on privacy and civil liberties to the Com- There is a sufficient second. Senator tell me how long he wishes to mittee on the Judiciary, the Committee on The yeas and nays were ordered. speak? Governmental Affairs, and the Committee on Commerce, Science and Transportation of Mr. WARNER. Fine. Mr. President, I Mr. DURBIN. In the neighborhood of the Senate, and the Committee on the Judi- ask unanimous consent that the 15 to 20 minutes. ciary, the Committee on Government Re- amendment be laid aside. The PRESIDING OFFICER. The Sen- form, and the Committee on Transportation The PRESIDING OFFICER. Without ator from Nevada. and Infrastructure of the House of Rep- objection, it is so ordered. Mr. REID. I suggest the absence of a resentatives. The report shall include any Mr. WARNER. Mr. President, I call quorum. recommendations for practices, procedures, up amendment No. 3875 and ask for the The PRESIDING OFFICER. The regulations, or legislation to eliminate or yeas and nays on the amendment. clerk will call the roll. minimize adverse effects of such lists on pri- The PRESIDING OFFICER. Is there a The assistant legislative clerk pro- vacy, discrimination, due process and other civil liberties, as well as the implications of sufficient second? ceeded to call the roll. applying those lists to other modes of trans- There is a sufficient second. Mr. REID. Mr. President, I ask unan- portation. The Comptroller General of the The yeas and nays were ordered. imous consent that the order for the United States shall cooperate with the Pri- Mr. WARNER. I thank the Presiding quorum call be rescinded. vacy and Civil Liberties Board in the prepa- Officer and thank the managers of the The PRESIDING OFFICER. Without ration of the report. To the greatest extent bill. objection, it is so ordered. consistent with the protection of classified The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, during the information and applicable law, the report ator from Nevada. time in the quorum, we have been able shall be in unclassified form and available to Mr. REID. Mr. President, I ask unan- the public, with a classified annex where nec- to speak with the managers of the bill. essary. imous consent that the managers will I now ask unanimous consent that the (d) EFFECTIVE DATE.—Notwithstanding sec- allow the setting aside of the pending pending amendments be set aside. tion 341 or any other provision of this Act, amendments and allow me to call up The PRESIDING OFFICER. Without this section shall become effective on the three amendments that are at the desk objection, it is so ordered. date of enactment of this Act.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.118 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10339 AMENDMENT NO. 3916 in this room by 100 Americans would We were told that he was somehow (Purpose: To strengthen civil liberties lead to a war and others would die, linked with al-Qaida and Osama bin protections, and for other purposes) many others would be injured as a re- Laden, the perpetrators of the dis- On page 132, line 23, strike ‘‘and’’. sult. Each Member of the Senate, I am graceful and barbaric acts of Sep- On page 133, line 3, strike the period and certain, tried to make the right choice tember 11, 2001. Those were the facts insert ‘‘; and’’. and the right decision based on the in- given to us. On page 133, between lines 3 and 4, insert formation they had and their con- We know in those cases and in so the following: science. many others that those facts were (L) utilizing privacy-enhancing tech- Now today, some 2 years later, we nologies that minimize the dissemination wrong—just plain wrong. The Amer- and disclosure of personally identifiable in- step back from that moment and re- ican people were misled. They were formation. flect on it, because it was a critical told there was a threat against this On page 153, between lines 2 and 3, insert moment in the history of our democ- country that did not exist. The ques- the following: racy. tion which faces us today and one (o) LIMITATION ON FUNDS.—Notwith- When we vote to go to war, a war in which goes to the heart of our democ- standing any other provision of this section, this case which President Bush asked racy is whether the people who made none of the funds provided pursuant to sub- us to support, we have to do it based on those statements knew they were mis- section (n) may be obligated for deployment facts and evidence given to us. It is or implementation of the Network under leading the American people. rare that any one of us has any per- That is a very serious charge. It may subsection (f) unless— sonal knowledge of the circumstances (1) the guidelines and requirements under be the most serious charge in a democ- subsection (e) are submitted to Congress; and that lead up to the possibility of war. racy—that any leader in Congress or in (2) the Privacy and Civil Liberties Over- We rely on people who serve our Gov- the executive branch of the Govern- sight Board submits to Congress an assess- ernment—our military leaders, our in- ment deliberately misled the American ment of whether those guidelines and re- telligence experts, people in the field of people into believing there was a quirements incorporate the necessary archi- diplomacy. We ask them to give us in- threat, into believing that a war was tectural, operational, technological, and pro- formation so we can make the right de- necessary, and into making a decision cedural safeguards to protect privacy and cision, and that is the position we civil liberties. that was based on wrong information. found ourselves in in October of 2002. That debate has raged ever since. The PRESIDING OFFICER. The Sen- Today we reflect on the information When we invaded Iraq and found no ator from Illinois. given to the Congress and the Amer- weapons of mass destruction, when we Mr. DURBIN. Mr. President, it is my ican people before this historic and mo- found no evidence of these chemical understanding that, pursuant to the mentous decision to go to war in Iraq. and biological stockpiles, these arse- unanimous consent agreement, I am to As we view this information, we cannot nals of weapons, poised and ready to be recognized to speak in morning busi- help but believe that we were deceived. strike us, the American people and ness. We were misled. We were given the many Members of Congress had to stop The PRESIDING OFFICER. The Sen- wrong information before that inva- and think: if that key element in the ator is correct. sion. Many of the things said to us on war against Iraq was wrong, if we were WAR IN IRAQ the floor of the Senate, much of the in- misled about that fact, what other formation given to us by the adminis- Mr. DURBIN. Mr. President, I under- facts were we misled about? stand that an article printed in the tration that led to that decision to go This New York Times article, which to war in Iraq today, 2 years later, we New York Times yesterday, October 3, has been put into the RECORD for all to relative to the war in Iraq and the in- know was wrong. It was just wrong. read, addresses one particular element. Think back about that debate and telligence leading up to it, was printed Most everyone who remembers that de- what led up to it. In the few short in the RECORD earlier today in Senator bate—I remember so many parts of it— weeks when it became abundantly BYRD’s remarks. will recall how much time we spent clear that we would face that decision, Mr. President, it was about 2 years asking ourselves whether Iraq was in a we had heard about Iraq for years. We ago that we faced a critical decision on position where it had nuclear weapons remembered their invasion of Kuwait, the floor of the Senate. It was a vote or the capacity to build them. Time that most Members of the Senate, cer- the Persian Gulf War where, under General Schwarzkopf, our Army liber- and again, this debate focused on one tainly Members of the House, will piece of tangible evidence: aluminum never forget. It is rare in your legisla- ated the people of Kuwait, driving the Iraqis back into their homeland. tubes, aluminum tubes which might or tive career that you are asked to vote We knew who Saddam Hussein was. could have been used in the production to go to war, and that is exactly what We knew the kind of thug, brutal dic- of nuclear weapons. occurred in this Chamber in October of tator that he had been in his own coun- You will remember the references to 2002. It has happened two or three try. We remembered that wasting war them. They were made by virtually times in my congressional career. that he had with Iran where thousands every member of the Bush administra- Each time it has been a matter of of innocent people were killed. We tion—the President, the Vice Presi- grave concern. Each Member of the knew exactly what we were dealing dent, the Secretary of Defense, the Sec- Senate and the House want to make with in Saddam Hussein. He was not a retary of State, the Director of the certain that they use their best judg- new character for me in my congres- Central Intelligence Agency. Each one ment, that they get it right. Because if sional career, nor for most Americans. of them made some reference to these we embark on a war, it goes without But prior to the invasion of Iraq we aluminum tubes and the fact that they saying that some of the bravest and were told that it had more to do with were proof-positive evidence of the nu- best Americans we serve are going to other issues. It wasn’t just the fact clear weapons that could threaten us risk their lives and some will lose their that he was an evil dictator; it was the from Iraq. This New York Times piece lives. That was what faced us in Octo- fact that he was a threat to the people has taken the time to go through the ber of 2002. of his own nation, to the region, and to history of these aluminum tubes. What The final vote was 77 Members in the United States. That is what we they have found is indeed troubling. favor of the use of force resolution to heard from the Bush administration in What they found is abundantly clear, go to war in Iraq and 23 in opposition. support of the invasion of Iraq. that the administration deliberately Of the 23 Senators voting in opposi- You will remember the debate very disregarded the facts and findings of tion—1 Republican, Senator CHAFEE of well. How often we heard from the the Department of Energy and other Rhode Island—22 were Democrats. I President and others that Saddam Hus- key intelligence agencies and, as a re- was included in that number of 22 sein had weapons of mass destruction sult, misled the American people about Democrats. that would be used to harm America, Iraq’s nuclear program—the single I remember the vote. It was late at that he had unmanned aerial vehicles most important justification for the night. When we finally adjourned and which he could launch against other war. left, each of us felt a heavy weight on nations in the Middle East, against Now, a President—any President— our shoulders. We knew that decision Israel, even against the United States. must always take whatever actions are

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.024 S04PT1 S10340 CONGRESSIONAL RECORD — SENATE October 4, 2004 necessary to protect America. But the Iraq has attempted to purchase high- strategy to fight al-Qaida. Vice Presi- true test of leadership is telling the strength aluminum tubes and other equip- dent CHENEY became deeply involved in truth to the American people about the ment needed for gas centrifuges, used to en- reviewing the intelligence evidence. He world, tell them of our threats based rich uranium for nuclear weapons. became a self-appointed examiner of on reality, based on truth, based on In fact, by the time the President the worst case scenarios involving Iraq. facts. That is the hard work of the made that statement, this administra- He had the background. He had been Presidency. tion was clearly divided from within as Chief of Staff of President Ford and In this case, the President did not do to whether that statement was true. I Secretary of Defense for first President that. In his State of the Union Address, know because I sit on the Intelligence Bush. He knew all the intelligence and in many other statements, we were Committee. I know because I sat agencies and what they did. told things that were, frankly, not through days of hearings, where rep- So he was not simply passing when it true. Even today, after we have inves- resentatives of the Department of En- came to this whole question. He read of tigated Iraq, after we have sent thou- ergy and the Central Intelligence Agen- an allegation that Iraq was importing sands of inspectors to look for the evi- cy clearly disagreed about whether yellow cake uranium concentrate from dence that we were told would be there, those tubes were proof positive of Sad- Niger in Africa. He went on to conclude after we have come up empty-handed dam Hussein’s nuclear weaponry pro- in a statement made on CNN that for a year and a half, even today, when gram. based on what he had read, Vice Presi- National Security Adviser Condoleezza Let’s concede the obvious. There was dent CHENEY said Saddam Hussein is Rice was asked on public television a time when Saddam Hussein was actively pursuing nuclear weapons at whether she would concede that the building nuclear weapons back in the this time. But, in fact, there was a de- statements of the administration mis- early 1990s. We were right to be vigi- bate raging within this administration led the American public, she would not lant and to find out whether he had re- as to whether that was true. do so. newed that program and it was a threat Over and over the reports from the I say this: If Dr. Condoleezza Rice to the region and the United States. CIA were disputed by other agencies. knows of any credible evidence to sup- The only thing we could find was some The tubes just did not have the nec- port the argument that Iraq was using evidence that Iraq had purchased these essary thickness to be part of a nuclear those aluminum tubes to build nuclear aluminum tubes from Hong Kong. And weapons program. So we find ourselves weapons, she owes it to the American then we were fortunate to be able to in a situation where statements were people and to her President to step for- intercept a shipment of these tubes in being made by the Vice President and ward and say so. The New York Times, Jordan and to take a close look at by others which could not be verified in its lengthy investigation, produced them. based on the facts within the same ad- evidence to the contrary. Yet Dr. Rice There was a fellow in the Central In- ministration. refuses to even acknowledge it. telligence Agency, working for that The Senate Intelligence Committee We should never give any country agency, an analyst, who was building issued a 511-page report on this effort, veto power over America’s security. the case that these tubes were proof and they concluded that the CIA ana- But we have to be honest with the positive that Saddam Hussein was back lyst involved was so determined to American people about what we need in the business of nuclear weapons. prove his theory on this aluminum to be safe. This New York Times arti- The Senate Intelligence Committee tube that he twisted test results, ig- cle details how the administration that I serve on took a look at his anal- nored factual discrepancies, and ig- spoke with such great certainty to the ysis. Their conclusion was troubling nored dissenting views. American people about Saddam’s nu- because they concluded that his facts We know how this ended. It ended clear program, at a time when they were wrong, his conclusions were with the American people and many knew privately that the evidence was wrong; that he was involved in group- Members of Congress convinced that highly questionable. In fact, this arti- think, in their words, and a holy war these aluminum tubes were being used cle shows that top members of the ad- within this administration to prove for nuclear weapons. For some Mem- ministration repeatedly made state- that these tubes were related to nu- bers of the Senate, there was no choice; ments that any fair analysis of the clear weapons. they had to use this evidence to build facts on our intelligence would have in- They wanted to prove—the CIA did— a case to go to war in Iraq. Statements formed them were wrong. through this analyst that these tubes were made by Vice President CHENEY Specifically, in September of 2002, be- were part of a secret high-risk venture on August 26, 2002, at the VFW conven- fore the vote to go to war, Vice Presi- to build a nuclear bomb. But they kept tion in Nashville. Despite the dispute dent CHENEY said the United States running into a problem: Within the going on within his own administra- had ‘‘irrefutable evidence’’ of Iraq’s nu- same Bush administration, the Depart- tion, the Vice President said: ment of Energy disputed their conclu- clear program, based on Iraq’s posses- The case of Saddam Hussein, a sworn sion of thousands of tubes made of sions. I heard those arguments, most of enemy of our country, requires candid ap- high-strength aluminum. In September America did not. One of the reasons I praisal of the facts. voted against the use of force resolu- 2002—the same month—Condoleezza Mr. CHENEY went on to say: Rice said: ‘‘We do know that he [Sad- tion was, in my mind, it clearly was We now know— dam Hussein] is actively pursuing a nu- not established that Saddam Hussein clear weapon.’’ She went on to say that had nuclear weapons which he would And this is August of 2002— it was based on the aluminum tubes use against the United States. We now know Saddam has resumed his ef- that were ‘‘only suited for a nuclear In June 2001, we seized a shipment of forts to acquire nuclear weapons. weapons program.’’ She said, ‘‘We don’t these aluminum tubes. We sent our On the thinnest evidence, on the dis- want the smoking gun to be a mush- very best expert to investigate whether puted aluminum tubes, Vice President room cloud.’’ they could be used for nuclear weapons, CHENEY made the strongest possible Can you think of a more provocative and those who looked at them came case he could make that the nuclear statement from the National Security back and said, first, in size and mate- weapons program in Iraq was under- Adviser to the President about the rials—this is August of 2001—the tubes way. He conjured these images of an threat of Iraq to the United States, were very different from those Iraq had Iraq of nuclear weapons and the threat that we might face a mushroom cloud; used in centrifuge prototypes before. In they posed to the world while members that we, in fact, would be the victims fact, the team could find no centrifuge of his own administration disputed his of a nuclear attack because Saddam machines deployed in a functioning en- conclusions. Hussein had these weapons? Those were vironment that used such narrow Again, President Bush, Mr. Tenet, the words of Dr. Rice. Those were tubes. They believed that the conclu- and others made these cases over and words that we know now were not sion was unlikely that these tubes were over again about the aluminum tubes. backed up with facts and evidence. going to be used. Mr. CHENEY went on ‘‘Meet the Press’’ In October 2002, President Bush said In the months after September 11, on September 8, 2002, and confirmed in Cincinnati: 2001, the Bush administration devised a when asked that the tubes were the

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.122 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10341 most alarming evidence behind the ad- committed to the values of America— to allow Saddam Hussein to remain in ministration’s view that Iraq had re- the values of honesty, openness, and violation of 16 U.N. resolutions. sumed its nuclear weapons programs. candor, even when the facts do not sup- We said we could not continue in this He said the tubes had ‘‘raised our level port original conclusions. way. They fired at airplanes on a reg- of concern.’’ In some cases, Senator KERRY has ular basis as they enforced the U.N. no- The same day, Dr. Rice went on CNN been criticized because he changed his fly zone over Iraq, and we voted on it. and said that the aluminum tubes ‘‘are position. In this case, the Bush admin- After having all of those issues dis- only really suited for nuclear weapons istration took a position on nuclear cussed, after having received the intel- programs.’’ She made that statement weapons in Iraq that was wrong, that ligence with both sides of this question at a time when the President’s own De- history and the evidence has proven discussed before the Senators, Senator partment of Energy had reached an op- was wrong. They refused to acknowl- KERRY, as referred to by the Senator posite conclusion. She said these tubes edge the facts and evidence that came from Illinois—he referred to him in his ‘‘are only really suited for nuclear out to dispute it. They stuck with their campaign—voted to allow the Presi- weapons programs’’ when, in fact, that story even when it was wrong, and now dent to make one final effort with Sad- was not the case. today we have serious questions as to dam Hussein and authorized him to What we have learned here in the the reasoning and the case made before commence hostilities if that did not course of this investigation, what we our invasion of Iraq. succeed. have learned from all of the investiga- Mr. President, I yield the floor in Those last discussions did not suc- tions that followed after our invasion morning business. I would like to ask ceed and we made one more effort. of Iraq, what we have learned now that the Presiding Officer—I do not see ei- They did not succeed and we went to the 9/11 Commission, the bipartisan ther the chairman of the Governmental war as every Member of this body knew Commission, has had a chance to look Affairs Committee or the ranking when we cast that vote. This body was closely at the evidence is that in this member in the Chamber. I have a pend- not misled and Senator DURBIN was not case and in so many others, we were ing amendment to the bill. I am not misled because he heard the same misled. The American people were going to even suggest to offer it since briefings as he has told us, and neither given wrong information and bad infor- the chairman is not on the Senate was Senator KERRY when he cast his mation about the situation in Iraq. It floor, but I will at some later time. vote in favor of allowing this war to was not just flawed intelligence; it was I yield the floor. proceed. I think it is critical for leadership in not just a failure of the intelligence The PRESIDING OFFICER. The Sen- America that if an American makes a agencies; it was a failure of the leaders ator from Alabama. commitment and a decision on an issue in the Bush administration to honestly Mr. SESSIONS. Mr. President, the as important as that to keep the com- portray the facts, to tell the American Senator from Illinois is very eloquent mitment and not flip-flop on it next people that there was suspicion of a nu- in the position he takes, and he argues week, not change their mind next week clear weapons program but an honest pretty aggressively in this political and go back and try to find some ex- dispute as to whether it existed. Why season one point of view on the ques- cuse to blame the President who is didn’t they portray it that way? Be- tion of nuclear weaponry and how the leading troops in the field and make cause we would never have gone to war Senate was briefed. complaints on the floor of this Senate if they had told us that fact, if they He said one thing that is true. I was not a member of the Intelligence Com- and in press conferences, statements had given us the evidence straight, if which make it more difficult for us to they had told us about disputes within mittee, but as a Senator, we received repeated briefings on the weapons of be successful. this administration which were unre- We know what the challenge is, and mass destruction issue, and in the solved. we as a nation have made a commit- briefings we received, all Members of There was a debate last Thursday ment. This Senate, by a three-fourths the Senate, and that includes the night between the two leading can- plus vote, voted to allow this war to didates, the President and Senator Democratic nominee for the Presi- begin. We knew it was going to happen KERRY, about foreign policy and about dency, a Member of this body, Senator if Saddam Hussein did not back down Iraq. Time and again, President Bush KERRY, the issue of what those tubes and admit what he was doing and allow said that his was a difficult job, and I were for was discussed and both sides inspectors to come in and demonstrate do not dispute that for a moment. He of it were presented. It was left to the clearly that he did not have these talked about all the hard work that Senators, I guess, to decide how they weapons of mass destruction. We re- was necessary to protect America, and would call the question. ceived intensive briefings on that sub- I do not doubt there is hard work. But I felt as if the weight of the evidence ject. We cast our votes and God gave us I will tell you this: part of that hard indicated to me that Saddam Hussein the ability to make a clear decision. work has to include taking an honest was doing what he had done before, We ought to stand by that decision, look at the evidence given to you as that this was just one of the weapons of and we are going to stand by it. the Commander in Chief, being willing mass destruction he was desirous of There are some who want to cut and to say that if there is a dispute about having, he was desirous of possessing run, bob and weave, flip and flop, but evidence so basic as these aluminum and that he wanted to use to threaten the American people will not and this tubes and the nuclear weapon program his neighbors, his own people, and to Senate is not. We are going to stand of Iraq, that no President should step improve his threat standing in the firm and we are going to be successful forward and mislead the American peo- neighborhood in which his country ex- in Iraq because it is the right thing to ple. isted. In other words, he was clearly do. That dispute was ongoing within the desirous of that, else why would he not Those people have suffered greatly Bush administration, and yet clear agree to a full inspection to prove what but progress has been made and will statements were made by the Presi- he did with the remains of his nuclear continue to be made. We are going to dent, the Vice President, and leading program that we know he had pre- train the military, get them up to members of the Cabinet that a nuclear viously? Else why would he not show speed, and get them equipped. As we weapons program existed when, in fact, what he had done with the chemical have seen in Samara when that hap- it did not. weapons we know he used against his pens and they work with the American I hope my colleagues and others will own people? And we all heard those military, progress, success can and will review this evidence, understand the briefings. occur. This is a longrun solution. challenges we face, and I hope they will I know the Presiding Officer was We have had so much success in Af- also come to the same conclusion that there in those briefings. We heard ghanistan where it is so wonderful to I have, and that is that whatever we them, and we knew the issues involved. see over 10 million people registered to face in terms of threats in the future, We debated it on the floor of this Sen- vote there, and 40 percent of them are whoever that President might be, I am ate for months and months and we dis- women. To say that we cannot make certain he will be committed to the se- cussed all those issues and we had to progress in this area of the world is a curity of America, but he also must be make a decision about whether or not mistake.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.124 S04PT1 S10342 CONGRESSIONAL RECORD — SENATE October 4, 2004 Yes, it is tough. Yes, it is difficult. systems, and related materials and tech- the counterproliferation program rec- Yes, a significant but small number nologies that threaten the national security ommendations and budget proposals of the want to disrupt everything that has of the United States, its interests, and allies. departments, agencies, and elements of the (3) The individual serving as the Director United States Government conform to the gone on and to make sure that democ- of the National Counterproliferation Center policies and priorities established by the racy cannot take hold and a good and may not, while so serving, serve in any ca- President and the National Security Council; decent government will not be estab- pacity in any other element of the intel- (4) in accordance with subsection (f), con- lished to allow the Iraqi people to use ligence community, except to the extent cur in, or advise the President on, the selec- their capabilities and work ethic to that the individual serving as Director of the tions of personnel to head the nonmilitary allow them to be successful, which is National Counterproliferation Center is operating entities of the United States Gov- doing so in an acting capacity. ernment with principal missions relating to important for us. I just would make (c) SUPERVISION.—(1) The Director of the that response. counterproliferation; National Counterproliferation Center shall (5) serve as the principal representative of I see Senator COLLINS is in the Cham- report to the National Intelligence Director the United States Government to multilat- ber. I was going to make a statement on the budget, personnel, activities, and pro- eral and bilateral organizations, forums, on a separate issue, but if the Senator grams of the National Counterproliferation events, and activities related to needs the floor for matters important Center. counterproliferation; (2) The Director of the National (6) advise the President and the National to the bill, I would be glad to yield. Counterproliferation Center shall report to Intelligence Director on the science and The PRESIDING OFFICER. The Sen- the National Intelligence Director on the ac- technology research and development re- ator from Maine. tivities of the Directorate of Intelligence of quirements and priorities of the the National Counterproliferation Center Ms. COLLINS. Mr. President, I thank counterproliferation programs and activities under subsection (g). the Senator from Alabama. I do have of the United States Government; and two brief matters to deal with and then (3) The Director of the National Counterproliferation Center shall report to (7) perform such other duties as the Na- I would be glad to figure out where our the President and the National Intelligence tional Intelligence Director may prescribe or order is. Director on the planning and progress of are prescribed by law; I ask unanimous consent that the counterproliferation programs, operations, (f) ROLE OF DIRECTOR OF NATIONAL Senator from Arizona, Mr. MCCAIN, be and activities. COUNTERPROLIFERATION CENTER IN CERTAIN APPOINTMENTS.—(1) In the event of a vacancy added as a cosponsor to the underlying (d) PRIMARY MISSIONS.—The primary mis- sions of the National Counterproliferation in the most senior position of such non- bill, S. 2845. military operating entities of the United The PRESIDING OFFICER. Without Center shall be as follows: (1) To develop and unify strategy for the States Government having principal mis- objection, it is so ordered. counterproliferation efforts (including law sions relating to counterproliferation as the Ms. COLLINS. Mr. President, I ask enforcement, economic, diplomatic, intel- President may designate, the head of the de- unanimous consent that the pending ligence, and military efforts) of the United partment or agency having jurisdiction over amendments be set aside so I may call States Government. the position shall obtain the concurrence of the Director of the National up two amendments on behalf of the (2) To make recommendations to the Na- tional Intelligence Director with regard to Counterproliferation Center before appoint- majority leader. ing an individual to fill the vacancy or rec- The PRESIDING OFFICER. Without the collection and analysis requirements and priorities of the National ommending to the President an individual objection, it is so ordered. Counterproliferation Center. for nomination to fill the vacancy. If the Di- rector does not concur in the recommenda- AMENDMENTS NOS. 3895, AS MODIFIED, AND 3896, (3) To integrate counterproliferation intel- tion, the head of the department or agency EN BLOC ligence activities of the United States Gov- concerned may fill the vacancy or make the ernment, both inside and outside the United Ms. COLLINS. Mr. President, I call recommendation to the President (as the States, and with other governments. up amendments Nos. 3895 and 3896, and case may be) without the concurrence of the (4) To develop multilateral and United further I send a modification to No. Director, but shall notify the President that States Government counterproliferation 3895 to the desk. the Director does not concur in the appoint- plans, which plans shall— ment or recommendation (as the case may The PRESIDING OFFICER. Without (A) involve more than one department, objection, it is so ordered. The amend- be). agency, or element of the executive branch (2) The President shall notify Congress of ment is modified. Both amendments (unless otherwise directed by the President) the designation of an operating entity of the will now be pending. of the United States Government; and United States Government under paragraph The amendments are as follows: (B) include the mission, objectives to be (1) not later than 30 days after the date of achieved, courses of action, parameters for AMENDMENT NO. 3985 such designation. such courses of action, coordination of agen- On page 94, strike line 5 and insert the fol- (g) DIRECTORATE OF INTELLIGENCE.—(1) The cy operational activities, recommendations Director of the National lowing: for operational plans, and assignment of na- Counterproliferation Center shall establish SEC. 144. NATIONAL COUNTERPROLIFERATION tional, departmental, or agency responsibil- and maintain within the National CENTER. ities. Counterproliferation Center a Directorate of (a) NATIONAL COUNTERPROLIFERATION CEN- (5) To ensure that the collection, analysis, Intelligence. TER.—(1) Not later than one year after enact- and utilization of counterproliferation intel- (2) The Directorate shall have primary re- ment of this Act there shall be established ligence, and the conduct of sponsibility within the United States Gov- within the National Intelligence Authority a counterproliferation operations, by the ernment for the collection and analysis of in- National Counterproliferation Center. United States Government are informed by formation regarding proliferators (including (2) The purpose of the Center is to develop, the analysis of all-source intelligence. individuals, entities, organizations, compa- direct, and coordinate the efforts and activi- (e) DUTIES AND RESPONSIBILITIES OF DIREC- nies, and states) and their networks, from all ties of the United States Government to TOR OF NATIONAL COUNTERPROLIFERATION sources of intelligence, whether collected in- deter, prevent, halt, and rollback the pur- CENTER.—Notwithstanding any other provi- side or outside the United States, or by for- suit, acquisition, development, and traf- sion of law, at the direction of the President, eign governments. ficking of weapons of mass destruction, re- the National Security Council, and the Na- (3) The Directorate shall— lated materials and technologies, and their tional Intelligence Director, the Director of (A) be the principal repository within the delivery systems to terrorists, terrorist or- the National Counterproliferation Center United States Government for all-source in- ganizations, other non-state actors of con- shall— formation on suspected proliferators, their cern, and state actors of concern. (1) serve as the principal adviser to the networks, their activities, and their capa- (b) DIRECTOR OF NATIONAL COUNTER- President and the National Intelligence Di- bilities; PROLIFERATION CENTER.—(1) There is a Direc- rector on intelligence and operations relat- (B) propose intelligence collection and tor of the National Counterproliferation Cen- ing to counterproliferation; analysis requirements and priorities for ac- ter, who shall be the head of the National (2) provide unified strategic direction for tion by elements of the intelligence commu- Counterproliferation Center, and who shall the counterproliferation efforts of the United nity inside and outside the United States, be appointed by the President, by and with States Government and for the effective in- and by friendly foreign governments; the advice and consent of the Senate. tegration and deconfliction of (C) have primary responsibility within the (2) Any individual nominated for appoint- counterproliferation intelligence collection, United States Government for net assess- ment as the Director of the National analysis, and operations across agency ments and warnings about weapons of mass Counterproliferation Center shall have sig- boundaries, both inside and outside the destruction proliferation threats, which as- nificant expertise in matters relating to the United States, and with foreign govern- sessments and warnings shall be based on a national security of the United States and ments; comparison of the intentions and capabili- matters relating to the proliferation of (3) advise the President and the National ties of proliferators with assessed national weapons of mass destruction, their delivery Intelligence Director on the extent to which vulnerabilities and countermeasures;

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.127 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10343 (D) conduct through a separate, inde- (5)(A) In order to meet the requirements in (C) reports, upon request, to the Director pendent office independent analyses (com- paragraph (4), the National Intelligence Di- of the National Counterproliferation Center monly referred to as ‘‘red teaming’’) of intel- rector shall, from time to time— on the performance of such department, ligence collected and analyzed with respect (i) specify the transfers, assignments, and agency, or element in implementing respon- to proliferation; and details of personnel funded within the Na- sibilities assigned to such department, agen- (E) perform such other duties and func- tional Intelligence Program to the National cy, or element through joint operations tions as the Director of the National Counterproliferation Center from any other plans; and Counterproliferation Center may prescribe. non-Department of Defense element of the (D) the provision to the analysts of the Na- (h) DIRECTORATE OF PLANNING.—(1) The Di- intelligence community that the National tional Counterproliferation Center elec- rector of the National Counterproliferation Intelligence Director considers appropriate; tronic access in real time to information and Center shall establish and maintain within and intelligence collected by such department, the National Counterproliferation Center a (ii) in the case of personnel from a depart- agency, or element that is relevant to the Directorate of Planning. ment, agency, or element of the United missions of the Center. (2) The Directorate shall have primary re- States Government and not funded within (3) In the event of a disagreement between sponsibility for developing counter- the National Intelligence Program, request the National Intelligence Director and the proliferation plans, as described in sub- the transfer, assignment, or detail of such head of a department, agency, or element of section (d)(3). personnel from the department, agency, or the United States Government on a plan de- (3) The Directorate shall— other element concerned. veloped or responsibility assigned by the Na- (A) provide guidance, and develop strategy (B)(i) The head of an element of the intel- tional Counterproliferation Center under and interagency plans, to counter prolifera- ligence community shall promptly effect any this subsection, the National Intelligence Di- tion activities based on policy objectives and transfer, assignment, or detail of personnel rector may either accede to the head of the priorities established by the National Secu- specified by the National Intelligence Direc- department, agency, or element concerned or rity Council; tor under subparagraph (A)(i). notify the President of the necessity of re- (B) develop plans under subparagraph (A) (ii) The head of a department, agency, or solving the disagreement. utilizing input from personnel in other de- element of the United States Government re- (k) DEFINITIONS.—In this section: partments, agencies, and elements of the ceiving a request for transfer, assignment, or (1) The term ‘‘counterproliferation’’ United States Government who have exper- detail of personnel under subparagraph means— tise in the priorities, functions, assets, pro- (A)(ii) shall, to the extent practicable, ap- (A) activities, programs and measures for grams, capabilities, and operations of such prove the request. interdicting (including deterring, pre- departments, agencies, and elements with re- (6) Personnel employed in or assigned or venting, halting, and rolling back) the trans- spect to counterproliferation; detailed to the National Counter- fer or transport (whether by air, land or sea) (C) assign responsibilities for counter- proliferation Center under this subsection of weapons of mass destruction, their deliv- proliferation operations to the departments shall be under the authority, direction, and ery systems, and related materials and tech- and agencies of the United States Govern- control of the Director of the National nologies to and from states and non-state ac- ment (including the Department of Defense, Counterproliferation Center on all matters tors (especially terrorists and terrorist orga- the Department of State, the Central Intel- for which the Center has been assigned re- nizations) of proliferation concern; ligence Agency, the Federal Bureau of Inves- sponsibility and for all matters related to (B) enhanced law enforcement activities tigation, the Department of Homeland Secu- the accomplishment of the missions of the and cooperation to deter, prevent, halt, and rity, and other departments and agencies of Center. rollback proliferation-related networks, ac- (7) Performance evaluations of personnel the United States Government), consistent tivities, organizations, and individuals, and assigned or detailed to the National Counter- with the authorities of such departments and bring those involved to justice; and proliferation Center under this subsection agencies; (C) activities, programs, and measures for shall be undertaken by the supervisors of (D) monitor the implementation of oper- identifying, collecting, and analyzing infor- such personnel at the Center. ations assigned under subparagraph (C) and mation and intelligence related to the trans- (8) The supervisors of the staff of the Na- update interagency plans for such operations fer or transport of weapons, systems, mate- tional Counterproliferation Center may, as necessary; rials, and technologies as described in sub- with the approval of the National Intel- (E) report to the President and the Na- paragraph (A). ligence Director, reward the staff of the Cen- tional Intelligence Director on the perform- (2) The term ‘‘states and non-state actors ter for meritorious performance by the pro- ance of the departments, agencies, and ele- of proliferation concern’’ refers to countries vision of such performance awards as the Na- ments of the United States with the plans or entities (including individuals, entities, tional Intelligence Director shall prescribe. organizations, companies, and networks) developed under subparagraph (A); and (9) The National Intelligence Director may (F) perform such other duties and func- that should be subject to counter- delegate to the Director of the National proliferation activities because of their ac- tions as the Director of the National Counterproliferation Center any responsi- Counterproliferation Center may prescribe. tions or intent to engage in proliferation bility, power, or authority of the National through— (4) The Directorate may not direct the exe- Intelligence Director under paragraphs (1) cution of operations assigned under para- (A) efforts to develop or acquire chemical, through (8). biological, or nuclear weapons and associ- graph (3). (10) The National Intelligence Director ated delivery systems; or (i) STAFF.—(1) The National Intelligence shall ensure that the staff of the National (B) transfers (either selling, receiving, or Director may appoint deputy directors of the Counterproliferation Center has access to all facilitating) of weapons of mass destruction, National Counterproliferation Center to databases and information maintained by their delivery systems, or related materials. oversee such portions of the operations of the elements of the intelligence community the Center as the National Intelligence Di- that are relevant to the duties of the Center. AMENDMENT NO. 3896 rector considers appropriate. (j) SUPPORT AND COOPERATION OF OTHER (Purpose: To include certain additional (2) To assist the Director of the National AGENCIES.—(1) The elements of the intel- Members of Congress among the congres- Counterproliferation Center in fulfilling the ligence community and the other depart- sional intelligence committees and for cer- duties and responsibilities of the Director of ments, agencies, and elements of the United tain other purposes) the National Counterproliferation Center States Government shall support, assist, and On page 8, strike lines 3 and 4 and insert under this section, the National Intelligence cooperate with the National Counter- the following: Director shall employ in the National proliferation Center in carrying out its mis- (A) the Select Committee on Intelligence Counterproliferation Center a professional sions under this section. of the Senate; staff having an expertise in matters relating (2) The support, assistance, and coopera- (B) the Permanent Select Committee on to such duties and responsibilities. tion of a department, agency, or element of Intelligence of the House of Representatives; (3) In providing for a professional staff for the United States Government under this (C) the Speaker of the House of Represent- the National Counterproliferation Center subsection shall include, but not be limited atives and the Majority Leader and the Mi- under paragraph (2), the National Intel- to— nority Leader of the House of Representa- ligence Director may establish as positions (A) the implementation of interagency tives; and in the excepted service such positions in the plans for operations, whether foreign or do- (D) the Majority Leader and the Minority Center as the National Intelligence Director mestic, that are developed by the National Leader of the Senate. considers appropriate. Counterproliferation Center in a manner On page 172, beginning on line 24, strike (4) The National Intelligence Director shall consistent with the laws and regulations of ‘‘the Select Committee on Intelligence of the ensure that the analytical staff of the Na- the United States and consistent with the Senate, the Permanent Select Committee on tional Counterproliferation Center is com- limitation in subsection (h)(4); Intelligence of the House of Representa- prised primarily of experts from elements in (B) cooperative work with the Director of tives,’’ and insert ‘‘the committees and the intelligence community and from such the National Counterproliferation Center to Members of Congress specified in subsection other personnel in the United States Govern- ensure that ongoing operations of such de- (c),’’. ment as the National Intelligence Director partment, agency, or element do not conflict On page 173, beginning on line 17, strike considers appropriate. with operations planned by the Center; ‘‘the Select Committee on Intelligence of the

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.031 S04PT1 S10344 CONGRESSIONAL RECORD — SENATE October 4, 2004 Senate, the Permanent Select Committee on ‘‘(C) the Speaker of the House of Rep- weaknesses that exist in our system Intelligence of the House of Representa- resentatives and the Majority Leader and today. We are moving blocks around at tives,’’ and insert ‘‘the committees and the Minority Leader of the House of Rep- headquarters and creating responsibil- Members of Congress specified in subsection resentatives; and ities. Some of that may be good and (c),’’. ‘‘(D) the Majority Leader and the Minority On page 174, beginning on line 7, strike Leader of the Senate;’’. some of that may not, but what I have ‘‘Representatives’’ and all that follows On page 200, line 5, strike ‘‘307.’’ and insert not seen enough of is focus on what through line 13 and insert ‘‘Representatives, ‘‘308.’’. really is a problem and a weakness in the Speaker of the House of Representatives On page 200, line 12, strike ‘‘308.’’ and in- our system and proposals that will ac- and the Majority Leader and the Minority sert ‘‘309.’’. tually fix that and make it stronger. Leader of the House of Representatives, and On page 200, line 19, strike ‘‘309.’’ and in- We know, for example, that lack of the Majority Leader and the Minority Lead- sert ‘‘310.’’. human intelligence over decades since er of the Senate. Upon making a report cov- On page 201, line 11, strike ‘‘310.’’ and in- I guess the Church Committee has left ered by this paragraph— sert ‘‘311.’’. us far too few intelligence officers ‘‘(A) the Chairman, Vice Chairman, or On page 203, line 9, strike ‘‘311.’’ and insert Ranking Member, as the case may be, of ‘‘312.’’. around the world. We know that we such a committee shall notify the other of On page 204, line 1, strike ‘‘312.’’ and insert have far too few translators who can the Chairman, Vice Chairman, or Ranking ‘‘313.’’. translate foreign languages that may Member, as the case may be, of such com- The PRESIDING OFFICER. The Sen- involve people who have connections to mittee of such request; ator from Nevada. terrorism. Those are things we know ‘‘(B) the Speaker of the House of Rep- Mr. REID. I ask unanimous consent are problems, and I am afraid we do not resentatives and the Majority Leader of the that the pending amendments be set do enough about it. House of Representatives or the Minority This is a matter that I think is criti- Leader of the House of Representatives shall aside so I can offer an amendment for Senator DURBIN. cally important that is a problem gen- notify the other or others, as the case may erally recognized by people today in be, of such request; and The PRESIDING OFFICER. Without ‘‘(C) the Majority Leader and Minority objection, it is so ordered. this country who give it much thought. It is simply this: That if a police offi- Leader of the Senate shall notify the other AMENDMENT NO. 3923 cer in any town in America were to of such request. Mr. REID. I call up amendment No. On page 174, between lines 22 and 23, insert stop an individual he or she believes to 3923. the following: be here illegally, I would suggest that The PRESIDING OFFICER. Without (c) COMMITTEES AND MEMBERS OF CON- most Americans do not know what will objection, it is so ordered. GRESS.—The committees and Members of happen at that point. As a former Fed- The amendment is as follows: Congress specified in this subsection are— eral prosecutor and Attorney General (1) the Select Committee on Intelligence of AMENDMENT NO. 3923 the Senate; of Alabama, I travel the State and fre- (2) the Permanent Select Committee on In- (Purpose: To ensure the balance of privacy quently meet with local law officers, telligence of the House of Representatives; and civil liberties) sheriffs and police officers, and I ask (3) the Speaker of the House of Representa- On page 154, strike lines 1 through 3 and in- them what they do when they discover tives and the Majority Leader and the Mi- sert the following: someone who has been in this country nority Leader of the House of Representa- (1) analyze and review actions the execu- illegally. tives; and tive branch takes to protect the Nation from The answer is, they let them go. (4) the Majority Leader and the Minority terrorism, ensuring that the need for such They used to call the Immigration and actions is balanced with the need to protect Leader of the Senate. Naturalization Service and they would On page 176, between lines 3 and 4, insert privacy and civil liberties; and the following: On page 155, line 6 strike beginning with tell them that if there were not at (iii) the Speaker of the House of Represent- ‘‘has’’ through line 9 and insert the fol- least 15 people in this group illegally atives and the Majority Leader and the Mi- lowing: ‘‘has established— they would not bother to come and nority Leader of the House of Representa- ‘‘(i) that the need for the power is balanced even pick up this individual. As a re- tives; with the need to protect privacy and civil sult of that and a few court rulings (iv) the Majority Leader and the Minority liberties;’’. that, in my view, are not persuasive, Leader of the Senate; On page 166, strike lines 4 through 6 and in- are not binding, the mentality has de- On page 176, line 4, strike ‘‘(ii)’’ and insert sert the following: ‘‘element has estab- veloped among State and local law en- ‘‘(v)’’. lished— On page 176, line 7, strike ‘‘(iii)’’ and insert ‘‘(i) that the need for the power is balanced forcement that they do not have any ‘‘(vi)’’. with the need to protect privacy and civil role in enforcing our immigration laws, On page 200, between lines 4 and 5, insert liberties;’’. and they do not do it. the following: The PRESIDING OFFICER. The I raise this simply because it used the same language I have used before. SEC. 307. MODIFICATION OF DEFINITION OF CON- amendment is pending. GRESSIONAL INTELLIGENCE COM- Mr. REID. I ask that it now be set This is an article from, I believe, a MITTEES UNDER NATIONAL SECU- Portsmouth, New Hampshire, paper. It RITY ACT OF 1947. aside. involves the Kittery, ME, police chief. (a) IN GENERAL.—Paragraph (7) of section 3 The PRESIDING OFFICER. Without The first line of the article says, ‘‘This of the National Security Act of 1947 (50 objection, it is so ordered. U.S.C. 401a) is amended to read as follows: Ms. COLLINS. Mr. President, I sug- country is facing a tremendous secu- ‘‘(7) The term ‘congressional intelligence gest the absence of a quorum. rity issue when it comes to illegal committees’ means— The PRESIDING OFFICER. The aliens.’’ ‘‘(A) the Select Committee on Intelligence The chief of police sent that strong clerk will call the roll. of the Senate; message after his department detained The legislative clerk proceeded to ‘‘(B) the Permanent Select Committee on a Colombian citizen and a Bulgarian call the roll. Intelligence of the House of Representatives; citizen. Both were found to be in the ‘‘(C) the Speaker of the House of Rep- Mr. SESSIONS. Mr. President, I ask country after their visas had expired— resentatives and the Majority Leader and unanimous consent that the order for illegally: the Minority Leader of the House of Rep- the quorum call be rescinded. resentatives; and The PRESIDING OFFICER. Without . . . but the police were told by Immigra- tion and Naturalization Service agents, to ‘‘(D) the Majority Leader and the Minority objection, it is so ordered. Leader of the Senate.’’. release them. (b) FUNDING OF INTELLIGENCE ACTIVITIES.— AMENDMENT NO. 3871 ‘‘They just let them go,’’ the Chief said. Paragraph (2) of section 504(e) of that Act (50 Mr. SESSIONS. Mr. President, I rise That is what happens in America U.S.C. 414(e)) is amended to read as follows: to speak in support of an amendment today. That is reality. Anyone who ‘‘(2) the term ‘appropriate congressional previously offered, No. 3871, and to suggests that our police are able to committees’ means— share some thoughts about what I be- participate effectively in apprehending ‘‘(A) the Select Committee on Intelligence lieve to be a critical issue facing us in people who are here illegally does not and the Committee on Appropriations of the Senate; terms of security for this country. know what is happening in the real ‘‘(B) the Permanent Select Committee on One thing this legislation we are dis- world. We have 650,000 State and local Intelligence and the Committee on Appro- cussing today could do better is it police officers in America—sheriff dep- priations of the House of Representatives; could more effectively help deal with uties, police officers, State troopers,

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.031 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10345 and the like. But there are only 2,000 Right now, if a State or local officer our State and local law enforcement Interior enforcement officers for the stops one of these 400,000 absconders, agencies in the area of immigration Department of Immigration—ICE, they they have no real way of knowing the law enforcement, and for effective co- now call it; only 2,000 in the whole person has been ordered removed from operation of all levels of immigration country. the country by an immigration court. law enforcement—Federal, State, and So, to tell our local people we don’t Do you understand that? The key thing local. want your help in this is unwise. It is here is that people need to understand They also noted this challenge. On a serious flaw in our system and I pro- how the system works. Let’s say a Mo- page 383 of the 9/11 report: pose that we fix it. hammad Atta had been arrested for The challenge for national security in an I understand the way we are pro- reckless driving or DUI, that he was in age of terrorism is to prevent the very few ceeding here that this amendment is violation of his immigration laws and people who may pose overwhelming risk probably not germane. Therefore, if it was ordered deported, and that he ab- from entering or remaining in the United is not germane, with cloture probably sconded back into the country and he States undetected. we will not get a vote on it. But it is is stopped in Maryland or Alabama or We ought to listen to that. It is a something I wanted to share with the Maine by a local police officer. What threat to our country, that the people Members of this Senate. would happen? If he had committed lar- who are here illegally remain here We have Senator CORNYN, Senator ceny and had a warrant out for his ar- without being apprehended. They say ENSIGN, Senator CHAMBLISS—who rest from Maine, I will tell you what there is a growing role for State and chairs the Immigration Subcommittee would happen if he is stopped in Ala- local law enforcement in this area. in Judiciary—and Senator MILLER from bama. The police officer will run the That is why we have offered this lan- Georgia. They have signed onto this National Crime Information Computer guage. That is why, even before 9/11, I amendment. Senator INHOFE, I see just check. It will come out that there is a recognized the problem would be cru- came in, is a signer and supporter of warrant out for his or her arrest for cial for this country. this amendment. It is common sense. It larceny in Maine, and he will be held I am very frustrated but we need to is plain common sense. What we are and turned over to the Maine authori- step up to the plate and make sure doing now is wrong. I am very con- ties to be prosecuted. every local and State law enforcement cerned about it. What happens if a person is one of officer knows what their authority is; In addition to the fact that they are the 400,000 alien absconders? That in- that the Federal ICE people will come told not to participate in the apprehen- formation is not being put in the NCIC and retrieve people who are here ille- sion or detention or holding of someone database, so it is not available to the gally; that people who have absconded who is here illegally, even more bizarre police officers who make a check. They after a valid order of deportation and a is the fact that we now have 400,000 can’t determine whether this is a dan- warrant for their arrest has been alien absconders in this country. That ger to America. issued. That ought to be in the NCIC is 400,000 people who were determined This is what our amendment would for an immigration offense just as to be in this country illegally, by one do. It would simply clarify the author- much as a petty larceny offense or a forum or another, by administrative ity of State and local police, that they DUI offense. That is not the way it is ruling or court determination, and have a voluntary role in their local today. have been issued final orders of depor- role that requires information, and it We have to confront this issue. In one tation, but are still at large. What do requires information such as revoked fell sweep we could add 600,000-plus law you think would normally happen if visas and final orders of deportation be officers—the eyes and ears of America that occurred, if someone is found here listed in the NCIC so the State and on the streets of every city and town in illegally and determined so by an ad- local officers can have access to it in America. We could add them to the ef- ministrative or court proceeding? You the course of their routine duties. It fort to make this country secure. We would think they would be asked to does not say people have to go out and could add them as eyes and ears with leave. They would be deported. start looking for illegal aliens, but if the ability to identify and arrest peo- What happens is they are released on they apprehend somebody, they run the ple who have warrants out for them, bail pending a final order of deporta- NCIC check and see whether there is a who may be 1 of 3,000 from countries tion and 80 percent of those never come final order of deportation in the sys- that harbor terrorism. back. They don’t show up for their de- tem. I thank the Chair. I believe we need portation hearing. They abscond. Action by state and local police is to- to continue to work on this. I intend to Mr. President, 86,000 of those are tally voluntary. There has been some do so. We ought to have a vote on this, criminal felons; of that 400,000 who ab- concern that similar legislation would if possible. If not, we will just keep sconded, 86,000 are criminal felons who require the local police to participate coming back at it. came to this country with permission in enforcing immigration laws, which I AMENDMENTS NO. 3850, NO. 3851, NO. 3855, NO. 3856, to live here and work here according to personally think most should—or at AND NO. 3872 the rules and regulations. They have least they ought to. But this amend- I ask unanimous consent that the been convicted of a felony and they ment would not require any action by pending amendment be set aside, and have been ordered deported, but they state and local officers. It also has no on behalf of Senator GRASSLEY, I would abscond and they are out there—crimi- link to any funding they are currently like to call up en bloc five amendments nals, many of whom are threats. Fif- receiving. that are filed at the desk. I call up teen thousand of these 86,000 have been The amendment goes a step further amendments No. 3850, No. 3851, No. determined to be of ‘‘national security to clarify the voluntary nature of this 3855, No. 3856, and No. 3872, and I ask interest,’’ and 3,000 come from state amendment it includes language say- unanimous consent that the amend- sponsors of terrorism. ing that nothing would require the ments be set aside. We know that three of the 9/11 hi- State and local officers to report the The PRESIDING OFFICER. Is there jackers had contact with State and immigration status of witnesses of objection? local police during routine traffic stops crimes or victims of crimes. Some say Mr. LIEBERMAN. Objection is made. prior to 9/11. Hijacker Mohammed Atta, if you do that, people will not come I ask the Senator from Alabama if he believed to have piloted American Air- forward and report a crime; if they are could indicate what the amendments lines flight 77 into the World Trade a victim, they will not come forward are. Center’s north tower, was stopped and report if they are a witness. This Mr. SESSIONS. I thank Senator twice by police in Florida. Hijacker amendment does not require any of LIEBERMAN. This was a request from Ziad S. Jarrah was stopped for speeding that. Senator GRASSLEY, and I called these by Maryland State police 2 days before Let me briefly conclude. I could say amendments up and then asked that 9/11. Hani Hanjour, who was on the much more about this. But the 9/11 they be set aside. flight that crashed into the Pentagon, Commission dealt with this issue. They Mr. LIEBERMAN. I thank the Sen- was stopped for speeding by police in recognize the ‘‘growing role’’—that is a ator. Arlington, VA. quote in the 9/11 Commission report—of I remove my objection.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.143 S04PT1 S10346 CONGRESSIONAL RECORD — SENATE October 4, 2004 The PRESIDING OFFICER. Without most of the afternoon. I offered two Mr. INHOFE. Mr. President, I ask objection, it is so ordered. amendments last week. I know how dif- unanimous consent I be recognized to The PRESIDING OFFICER. The Sen- ficult it is to manage a bill. speak as in morning business. ator from Pennsylvania. I, again, compliment the distin- The PRESIDING OFFICER. Without AMENDMENT NO. 3566 guished chairman, Senator COLLINS, objection, it is so ordered. Mr. SPECTER. Mr. President, I have and the distinguished ranking member, GRANT DOLLARS AT EPA filed amendment No. 3866, which would Senator LIEBERMAN, for their work. prohibit racial profiling with the rel- As soon as the bill was called to the Mr. INHOFE. Mr. President, I rise evant section as follows: floor last week, I came to the floor and today to shed some light on a subject The term ‘‘racial profiling’’ means the offered two amendments to cooperate that is very important to me in my practice of law enforcement agents relying with the managers. I was awaiting the oversight duties as the chairman of the to any degree on race, ethnicity, religion or time to offer this amendment. Environment and Public Works Com- national origin in selecting which individ- The problem which is posed proce- mittee. Earlier this year, the Environ- uals to subject to routine or spontaneous in- durally is that cloture will be filed to- ment and Public Works Committee vestigatory activities or in deciding upon the morrow. If cloture is invoked, this held an oversight hearing where the scope and substance of law enforcement ac- tivity following the initial investigatory amendment will not satisfy the ger- committee heard testimony from the procedure except where there is trustworthy maneness requirements which is the General Accounting Office and the EPA information relevant to the locality and reason I have offered it this evening. inspector general regarding a 10-year timeframe that links persons of a particular But in light of the objection to set history of numerous problems with the race, ethnicity, religion or national origin to aside the pending amendment so debate management of grant dollars at the an identified criminal incident or scheme. and a vote can occur on this amend- Environmental Protection Agency. The amendment further defines rou- ment, I yield the floor. Some of the problems included EPA tine or spontaneous investigative ac- The PRESIDING OFFICER. The Sen- not requiring grant recipients to dem- tivities to include interviews, traffic ator from Connecticut. onstrate real environmental benefits stops, pedestrian stops, frisks, and Mr. LIEBERMAN. Mr. President, I for grants, EPA not requiring competi- other types of body searches, consen- thank the Senator from Pennsylvania. tion in its grants awards, and a general sual or nonconsensual searches of the He is a very valued and constructive lack of oversight of EPA grant officers person and possessions, including vehi- member of our committee in consid- and recipients. The EPA inspector gen- cles, pedestrians, entrants into the ering this legislation. He was dealing eral released an audit only 2 days be- United States that are more extensive in this amendment with a problem that fore the hearing, finding that a par- than those customarily carried out, ought to be dealt with, but, unfortu- ticular nonprofit guaranty had violated immigration-related workplace inves- nately, because of the moment we have the Lobbying Disclosure Act, and with tigations, or other types of enforce- reached on this bill where effectively nearly $5 million of EPA grant funding. ment encounters as compiled by the unanimous consent is necessary to Members may recall, because I Federal Bureau of Investigation or the take up a matter for a vote and objec- talked about it at that time, that it Bureau of Statistics. tion has been heard on both sides, that was the Consumer Federation of Amer- As evident from these definitions, a will not be possible. number of these items would relate to I thank him. I thank him for getting ica, which is a 501(c)(4), that had been the kinds of activities of national in- the process going last week and, as he a recipient of discretionary grants telligence, the immigration-related said, coming over early and submitting from the EPA. That is a 501(c)(4) as in workplace investigations, inspections two amendments which helped to clar- lobbying organization. They support and interviews of interest to United ify the matters this bill contains. candidates. It is strictly against the States. There will be another day for this law. This amendment tracks very closely amendment, I am sure. Over the last few months, my staff the provisions of the Department of Once again, I thank him for his real has done considerable research into the Justice guidance regarding use of race leadership in pursuit of reform of our EPA grant and confirmed many of the by Federal law enforcement agencies national intelligence assets. problems and also found the EPA has a promulgated in June of 2003 which says I yield the floor. long history of awarding grant dollars in relevant part, ‘‘in making routine or Ms. COLLINS. Mr. President, I join without competition to some well- spontaneous law enforcement deci- the Senator from Connecticut and the known nonprofit environmental groups sions, such as ordinary traffic stops, Senator from Nevada in their com- that regularly engage in political ac- Federal law enforcement officers may pliments of the Senator of the Com- tivity. My staff has compiled some of not use race or ethnicity to any degree monwealth of Pennsylvania. I do very these findings in this 30-page report to except that officers may rely on race or much appreciate that he was so willing the chairman. ethnicity in a specific subject descrip- to come forward early last week and In examining how the environmental tion.’’ offer the first amendments. I regret groups receive and spend their Federal I understand the managers are not that objection on both sides of the aisle dollars, it became apparent they re- prepared to have another vote this prevent us from accommodating him ceive funding from numerous sources, evening. this evening. including large foundations. Within But for the RECORD I ask unanimous Mr. SPECTER. Mr. President, I these organizations, political and consent that the pending amendment thank my colleagues for their gracious grassroots efforts quickly became dif- be set aside and the amendment No. comments and pick up on what Senator 3866 be taken up for consideration. ficult to differentiate the sources of LIEBERMAN said. This amendment will their funding and how they spend Mr. REID. Mr. President, reserving return. There will be a day for its due the right to object, I understand the them. Therefore, I instructed my staff consideration and I think enactment to examine the funding and expendi- legal prowess of the Senator from by this body. Pennsylvania when there is a legal ture records of the organizations. That I yield the floor. has resulted in a second report which is issue. I know the good intentions he Mr. REID. Mr. President, I suggest the focus of my remarks today. has in regard to this most important the absence of a quorum. subject matter and to what the amend- The PRESIDING OFFICER. The My staff has compiled this informa- ment relates. But on behalf of the au- clerk will call the roll. tion into a 15-page report for the chair- thorizers, I think this matter should be The legislative clerk proceeded to man to provide some preliminary ex- discussed at the Judiciary Committee call the roll. amples describing five of the most level in some detail, and it has not. I Mr. INHOFE. Mr. President, I ask widely politically active environ- object. unanimous consent that the order for mental groups, the description of their The PRESIDING OFFICER. Objec- the quorum call be rescinded. activity, the foundations that provide tion is heard. The PRESIDING OFFICER (Mr. TAL- the financial support for these groups, Mr. SPECTER. Mr. President, I have ENT). Without objection, it is so or- and the interconnected web among all sought to offer this amendment for dered. those organizations.

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.145 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10347 Interestingly, these environmental will result in undermining in the days of our Interestingly, not all candidates ap- groups are all tax-exempt, IRS-reg- children the very prosperity which we ought preciate LCV’s help. istered 501(c)(3) charitable organiza- by right to hand down to them amplified and I recently read where the senior Sen- tions, meaning contributions to these developed. ator from South Dakota requested the groups are tax deductible. These groups These words ring true today, but un- LCV not air advertisements in the profess to be the greatest stewards of fortunately it is clear that the environ- South Dakota Senate contest this year the environment and solicit contribu- mentalist movement is deaf to them. and even characterized outside organi- tions from a variety of sources by that What we find now is the fleecing of the zation advertisements as ‘‘often too claim. But they demonstrate more in- American public’s pocketbooks by the negative, too personal, and lack any terest in giving apocalyptic environ- environmental movement for their po- real substance.’’ mental scenarios to raise money for litical use. What we find now is ex- However, LCV has a long history of raw political purposes rather than hausting litigation, instigation of false political involvement. This is chart No. working together to improve the envi- claims, misleading science, and scare 4. In 1996, LCV spent a total of $1.5 mil- tactics to fool Americans into believ- ronment for America. lion in ads trying to defeat its ‘‘Dirty ing disastrous environmental scenarios We have money from foundations, in- Dozen’’ list of targets of 11 Republicans that are untrue. dividuals, and government grants going and 1 Democrat. Pay close attention to the webs of In 1998, LCV spent $2.3 million tar- into environmental groups, and then this incestuous activity of these envi- they turn around and put these out to geting its ‘‘Dirty Dozen’’ list of 12 Re- ronmentalists groups and their finan- publican candidates and 1 Democratic the 501(c)(3), 527 organizations and cial benefactors. Environmental orga- 501(c)(4), these are political organiza- candidate. nizations have become experts at In 2000, the LCV spent a total of $4 tions. All these nonprofit groups are duplicitous activity, skirting laws up million, again targeting 11 Republicans also closely associated and fund their to the edge of illegality, and burying and 1 Democrat on its ‘‘Dirty Dozen’’ affiliated 501(c)(4) lobbying organiza- their political activities under the list. And I cannot forget, in 2000 the tions and the 527 political organiza- guise of nonprofit environmental im- LCV also endorsed Al Gore for Presi- tions. provement. dent. This report could not be more timely Chart No. 2 demonstrates the inter- In 2002, the LCV once again targeted as the Washington Post, as recently as connection environmental family affair 11 Republican congressional candidates September 27 of this year, published an with nonprofits and their benefactors. and 1 Democrat. article demonstrating that IRS As we can see, six organizations at the I see a partisan pattern that is well 501(c)(3), 501(c)(4), and 527 organizations bottom of the chart are all either 527 developed here. LCV spent hundreds of are all engaged in political activity groups or 501(c)(4)s. These are political thousands of dollars in congressional this election cycle with expenditures organizations. Money that comes up contests against Republican can- designed to circumvent the prohibi- here—for example, the Heinz Founda- didates. However, the strongest effort tions in the bipartisan campaign Re- tion, goes to the various organizations seems to have been focused on Senator form Act of 2002, otherwise known as and ultimately gets to the Environ- ALLARD. The LCV claims to have budg- McCain-Feingold. mental Accounting Fund, the Save the eted a total of $700,000 for that race This article quoted a Federal Elec- Environment Organization, Action alone and hired a campaign staff of 12 tion Commission official stating: Fund, Sierra Club Votes, Defenders of to coordinate phone banks and precinct In the wake of the ban on party-raised soft Wildlife, Environment 2004. These are walks in addition to running television money, evidence is mounting that money is all either 501(c)(4)s or 527 organiza- and radio advertisements. Altogether, slithering through on other routes as organi- tions. LCV is reported to have spent $1.5 mil- zations maintain various accounts, tripping The LCV calls itself the political lion in independent expenditures dur- over each other, shifting money between voice of the national environmental ing the 2002 election cycle. Of that 501(c)(3)’s, (c)(4)’s, and 527’s. . . . It’s big movement, and much of its grants from money. total amount, LCV spent $1.313 million even its 501(c)(3) organizations go to benefiting Democratic candidates Why is this important? Because the fund voter mobilization and education while only spending $136,000 for Repub- environment is important to all Ameri- drives. In each election cycle, LCV en- lican candidates. cans. Despite what we hear from the dorses congressional candidates and Another example is the Sierra Club. groups in their attack advertisements since 1996 has published a ‘‘dirty The Sierra Club describes itself as against President Bush and the Repub- dozen’’ list. They brag about the dirty ‘‘America’s oldest, largest and most in- lican candidates across the Nation, our dozen list that has been very effective, fluential grassroots environmental or- air is cleaner, water more drinkable, but the LCV mostly singles out only ganization.’’ Sierra Club is also an IRS- and our forests are becoming healthier. Republican candidates. registered, tax-exempt, nonprofit Keep in mind this is over a period of What we are talking about is the 501(c)(3) foundation. Here we go again. time when we have almost doubled the money that is channeled from 501(c)(3) The Sierra Club Foundation is closely amount of miles that are driven, and organizations is going to defeat Repub- affiliated with its Sierra Club 501(c)(4) our population is dramatically increas- lican candidates. and section 527 political organizations. ing. Yet things are cleaner than they Mr. President, let me provide some In fact, the Washington Post detailed were before. examples. So far this year, the LCV has the interconnected organizations of the For instance, over the last 30 years released a ‘‘Dirty Dozen’’ list of eight Sierra Club in an article it featured we have cut air pollution in half. Why, congressional candidates—seven Re- last Monday. This is what the Post then, are some extremists spending publicans and one Democrat. For the printed: millions upon millions to hijack the first time ever, it includes the Presi- Perhaps no one better illustrates the host conservation movement? It seems to dent and Vice President. I cannot for- of interlocking roles than Carl Pope, one of me that it is more important to the get that LCV has, of course, endorsed the most influential operatives on the Demo- leadership of these groups to turn their the junior Senator from Massachusetts cratic side in the 2004 election. As executive once laudable movement into a polit- for President, the earliest endorsement director of the Sierra Club, a major 501(c)(4) ical machine by sending out their bi- of a Presidential contender in its 34- environmental lobby, Pope also controls the Sierra Club Voter Education Fund, a 527. The partisan snake oil, salesmen, and mis- year history. Voter Education Fund 527 has raised $3.4 mil- leading the American public regarding The LCV’s 527 organization last re- lion this election cycle, with $2.4 million of their purely politically partisan agen- ported to have raised over $3.3 million that amount coming from the Sierra Club. A da under the guise of environmental in the 2004 election cycle. This is chart third group, the Sierra Club PAC, has since protection. No. 3: $3.3 million. It has also joined 1980 given $3.9 million to Democratic can- Our Nation’s father of conservation, with Environment2004, another 527 po- didates and $173,602 to GOP candidates. Teddy Roosevelt, said: litical organization directed by former The Sierra Club is consistently crit- To waste, to destroy, our natural re- Clinton administration EPA staffers ical of the Bush environmental record sources, to skin and exhaust the land instead purchasing air time to run ads against and sometimes others as well. The Si- of using it so as to increase its usefulness, the President. erra Club even accused me of trying to

VerDate jul 14 2003 03:31 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.155 S04PT1 S10348 CONGRESSIONAL RECORD — SENATE October 4, 2004 raise the levels of mercury pollution. vision and radio ads and hire campaign Turner, who is chairman of the founda- The Sierra Club’s 527 political organi- staffs to work against President Bush tion board of trustees. The Turner zation reports to have raised over $6.8 in several States, including New Mex- Foundation sponsors the work of its million for the 2004 election cycle ico, Florida, Arizona, and Nevada. special projects which include the alone, with a goal of over $8 million by Overall, the Environmental Account- Partnership Project, comprised of 20 the end of the month. ability Fund, NRDC’s 527 organization, national environmental groups. Since Like the LCV, the Sierra Club has a last reported to have raised nearly $1 1998, the Turner Foundation has con- history of involvement in politics. In million in the 2004 election cycle. tributed over $6.4 million to the Part- the year 2000 Presidential contest, the Well, that is three of the culprits. nership Project. Individually, the Sierra Club spent several hundred The report outlines two others in Turner Foundation has contributed thousand dollars in advertisements at- depth—Greenpeace and Environmental more than $20 million to the LCV since tacking President Bush. And in the Defense—and shows similar patterns of 1998; over $2.6 million to the NRDC; 2002 election cycle, the Sierra Club en- partisan fundraising and spending, over $1 million to the Sierra Club; and dorsed 184 Democratic incumbents and such as this Greenpeace ad that nearly $2 million to Environmental De- challengers and endorsed 10 Republican equates President Bush’s conservation fense, Earth Justice, and Greenpeace. candidates—184 Democrats and 10 Re- policies to the Texas chainsaw mas- publicans. Not surprisingly, the Sierra sacre—a disgusting comparison, espe- Finally, another large supporter is Club is heavily involved in the 2004 po- cially considering that historic healthy the Pew Charitable Trust. You can fol- litical cycle. The Sierra Club began forest legislation was proposed and low the lines of the money there. It spending early in the 2004 Presidential passed by this administration. It is sad claims it is an independent nonprofit contest and has made a series of en- that many of these groups would rather serving to inform the public on key dorsements this year. Of course, the Si- watch our forests burn and our water- issues. Two of the Pew’s environmental erra Club has endorsed the junior Sen- sheds become destroyed rather than priorities include global warming and ator from Massachusetts for President, employ 21st century forest manage- wilderness protection. Pew has contrib- and it has endorsed 16 Democratic Sen- ment technology to improve forest uted $17.4 million to Clear the Air Cam- ate incumbents and challengers and no health. paign since 1999, with which it pub- Republican candidates—16 Democrats, But misleading and scaring the lishes materials such as this claiming no Republicans. In races for the House American people during a Presidential that the Bush plan means more pollu- of Representatives, the Sierra Club has election year, I guess, is more impor- tion. Again, another impossible lie be- endorsed 114 Democratic incumbents tant to them than true forest health. cause you can’t roll back mercury and challengers and has endorsed 7 Re- 501(c)(3)s, 501(c)(4)s, political action standards that don’t exist. publican candidates. committees, and 527 political organiza- Let me use one more example brief- tions—it is all tangled up in a web. Perhaps wilderness protection is ly—the Natural Resources Defense Back to that chart we used, chart No. where the Pew shows its true colors. It Council. The NRDC is also an IRS-reg- 2, you can see how convoluted it is. has joined with the Heritage Force istered, tax-exempt, nonprofit 501(c)(3) But the money all ends up down here Campaign, the Natural Resource De- receiving $55 million in tax-deductible being used for political purposes, mil- fense Council, Environmental Defense, contributions—these are tax-deductible lions upon millions of dollars going for and the Sierra Club in a campaign contributions; no money going into the partisan political activity while these characterizing the President’s con- Treasury—in just the last year running groups attempt to maintain a non- servation policies as ‘‘Crazy George’s bogus ads like this one on this chart partisan cloak and justification that National Forest Give-a-Way.’’ Once claiming President Bush is rolling they are helping our environment. But again, it is silly scare ads like this. For back a mercury regulation that never these funds do not just come from them, it is only about politics, not existed. This is an outrageous lie. I do scared mothers and others furiously about true forest management. not remember how much this ad cost, writing checks because these groups We should be more scared of this tan- but if you look, this was a full-page ad have lied to them and told them that gled web of political financing and the run in the New York Times. Down here eating fish will kill their children. Our fact that there is no way to tell where it says: research has found that much of the taxpayer funded grants and private dol- Yes, I want to join the Natural Resources funding these groups receive comes lars cross. These are the grants we Defense Council and help thwart President from independent foundations and started out talking about. It is also Bush’s plan to weaken controls on toxic mer- trusts which also claim to be non- cury. convoluted where advocacy funding partisan. and political funding intermingle and There are already controls on toxic Let’s take a look now at some of even if environmental groups really mercury. This is an outrageous lie. these nonpartisan institutions and how spend any money actually improving How can you lower something that their money finds its way to this intri- the environment. does not exist? The truth is, President cately growing web. The Heinz founda- Bush’s Clear Skies legislative proposal, tions are a few of the largest contribu- Since 1998, Pew Foundation has con- which I support, is the biggest emis- tors to these nonprofit environmental tributed several million dollars to var- sions reduction plan ever proposed by organizations. And, of course, Mrs. Te- ious environmental organizations. any American President. Over 14 years, resa Heinz Kerry is either a chair- These contributions have included it would reduce emissions from power- person of the board of trustees or a nearly $18 million to Earth Justice; plants of nitrogen oxides, sulfur diox- member of the board of trustees of each over $3 million to NRDC; over $3.7 mil- ide, and mercury emissions from pow- one of these foundations. lion to Environmental Defense. Pew erplants by 70 percent. Let’s be sure In fact, Mrs. Heinz Kerry is the head has also contributed $32.6 million to and understand that the NRDC delib- of the $1.2 billion Heinz Foundation En- the Tides Center and Foundation over erately lied in this ad because you can- dowment. the same period. The Tides organiza- not roll back standards that do not Since 1998, these foundations have tion has contributed over $1.4 million exist. contributed nearly $3 million to the Si- to the Sierra Club, Greenpeace, NRDC, The NRDC is affiliated with the erra Club, LCV, the NRDC, and Envi- among others, since 1998. NRDC Action Fund, a 501(c)(4) organi- ronmental Defense. Each foundation is This does not even represent all of zation—here we go again—and the En- also a large contributor to the Tides the political involvement of environ- vironmental Accountability Fund, its Center and the Tides Foundation, con- mental extremists. These groups have section 527 political organization. The tributing over $6 million since 1998. established an unquestionable record of NRDC describes itself as ‘‘the nation’s The Tides organization has in turn also partisanship and demonstrated a slith- most effective environmental action contributed over $1.4 million to the Si- ering flow of money among themselves organization,’’ and has a long history erra Club, Greenpeace, and the NRDC and from their financial benefactors. of political activity. over the same period of time. The NRDC has joined this year with Another major supporter is the Turn- Today’s environmental groups are LCV and the Sierra Club to air tele- er Foundation, founded in 1990 by Ted simply Democratic political machines

VerDate jul 14 2003 05:10 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.150 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10349 raising millions of dollars in contribu- ning because the LCV board of directors is were bought by campaign contributions. The tions and spending millions in expendi- comprised of various representatives from a LCV sent thousands of direct mail pieces in- tures each year for the purpose of rais- number of other environmental groups. cluding 100,000 pieces mailed in the Georgia ing more money to pursue their agen- Among those sitting on either the LCV board Senate race and 75,000 pieces sent in the New of directors, LCV political advisory com- Hampshire Senate race—both against Repub- da. Especially in this election year, the mittee, or the LCV political committee are lican candidates. The LCV also joined other American voters should see these leaders in the following organizations: organizations and spent a total of $570,000 groups and their many affiliated orga- —Natural Resources Defense Council against the New Hampshire Republican Sen- nizations as they are—the newest in- —Environmental Defense ate candidate. However, the strongest effort sidious conspiracy of political action —Sierra Club seems to have been focused on the Colorado committees and perhaps the newest —Earthjustice Legal Defense Fund Senate contest. The LCV budgeted a total of —The Wilderness Society $700,000 for this race against incumbent Re- multimillion dollar manipulation of —Trust for Public Lands Federal election laws. publican Senator Wayne Allard. The LCV —Defenders of Wildlife hired a campaign staff of twelve against Sen- I ask unanimous consent that the re- —U.S. Public Interest Research Group ator Allard to coordinate phone banks and —National Wildlife Federation ports be printed in the RECORD. precinct walks in addition to running tele- —Environmental Working Group There being no objection, the mate- vision and radio advertisements that LCV The LCV is an IRS registered 501(c)(4) or- rial was ordered to be printed in the claims reached sixty-seven percent of the ganization affiliated with the LCV Education state. altogether, the LCV is reported to RECORD, as follows: Fund, a 501(c)(3) organization. The LCV is have spent $1,449,951 in independent expendi- POLITICAL ACTIVITY OF ENVIRONMENTAL also affiliated with a LCV political action tures during the 2002 election cycle. Of that GROUPS AND THEIR SUPPORTING FOUNDATIONS committee, a section 527 organization, and total amount, LCV spent $1,313,041 benefit- QUESTIONABLY NON-PARTISAN another 501(c)(4) organization, the LCV Ac- ting Democrat candidates while only spend- countability Project. The LCV describes its Following the League of Conservation Vot- ing $136,910 for Republican candidates. affiliates as the ‘‘LCV family of organiza- ers’ endorsement of Senator John Kerry for Although the LCV has yet to release its tions’’ and describes its work as ‘‘the polit- President, The Hill, a Capitol Hill publica- completed Dirty Dozen list for the 2004 cam- ical voice of the national environmental tion, published an article featuring the fi- paign year at the time of this report, it has movement and the only organization devoted nancial connection between the League of released a Dirty Dozen list of eight Congres- full-time to shaping a pro-environment Con- Conservation Voters and Heinz family foun- sional candidates, seven Republicans and one gress and White House.’’ Since 1996, a symbol dations. The article further featured the con- Democrat. For the first time it has included of the political activity of the LCV has been nections between the League of Conservation the President and Vice President on its the Dirty Dozen list it publishes each elec- Voters and other well-known environmental Dirty Dozen list. The LCV has endorsed tion year. The LCV represents that it has de- groups such as the Natural Resources De- forty-two candidates in Congressional elec- feated 28 of 49 candidates targeted by its fense Council and Environmental Defense tions in addition to endorsing Senator John Dirty Dozen campaigns since 1996. Citing two and their financial links to Heinz family Kerry for President. In fact, the LCV’s en- examples from the 2000 election year, the foundations as well. The Hill article cited dorsement of Senator Kerry is the earliest LCV contends on its Web site, specific contributions such as a $56,000 con- endorsement of a Presidential contender in ‘‘How much impact can LCV campaigns tribution in 2003 to the Natural Resources the thirty-four year history of the LCV. Of make on national policy? In 2000, two of the Defense Council from a Heinz family founda- the forty-two candidates endorsed by the most dangerous anti-environmentalists in tion and three $200,000 contributions from LCV at the time of this report, thirty-one the U.S. Senate—Spencer Abraham of Michi- two Heinz family foundations from 2001 to are Democrat candidates, and ten Repub- gan and Slade Gorton of Washington—were 2003 to Environmental Defense. The article licans are candidates. defeated by less than 1% following major revealed that Ms. Teresa Heinz Kerry is the As in previous election cycles, the LCV is LCV campaigns. In a Congress closely di- chairperson or board member on each Heinz active this year airing political advertise- vided on the environment, these LCV vic- family foundation, and since 2000, the Heinz ments—already spending $100,000 to elect a tories can make all the difference.’’ foundations have given nearly $1 million to Democrat candidate in a Kentucky congres- Senators Abraham of Michigan and Slade the League of Conservation Voters, members sional special election this year. The LCV is Gorton of Washington were both Republicans of its board, and the groups those board also reported to have already spent hundreds running for reelection in 2000. In fact, in 1996, members represent. of thousands of dollars on Senator John the LCV spent a total of $1.5 million dollars Groups such as the League of Conservation Kerry’s Presidential campaign including sending 254,000 direct mail pieces and airing Voters, the Natural Resources Defense Coun- joining with Environment2004, a 527 political 9,000 television and radio advertisements at- cil, and Environmental Defense represent organization, purchasing air time in Florida tempting to defeat its Dirty Dozen list of themselves as organizations concerned about and Washington, D.C. At the time of this re- eleven Republican congressional candidates the protection of the environment. They are port, Environment2004 last reported to have and one Democrat congressional candidate. all tax exempt Internal Revenue Service raised over $600,000 in the 2004 election cycle. (IRS) registered 501(c)(3) organizations often In 1998, the LCV Dirty Dozen list targeted twelve Republican congressional candidates The LCV’s 527 organization last reported to associated with 501(c)(4), 527 political organi- have raised over $3.3 million in the 2004 elec- zations, or other affiliated organizations. and one Democrat congressional candidate for defeat—spending a total of $2.3 million. tion cycle. However, as recently as September 27, 2004, However not all candidates appreciate The LCV spent in many cases over $200,000 the Washington Post published an article LCV’s help. The senior senator from South per congressional race—airing television and demonstrating that IRS designated 501(c)(3), Dakota is reported to have specifically writ- radio advertisements and sending direct mail 501(c)(4), and 527 organizations are all en- ten LCV characterizing outside organization pieces. In the Nevada Senate race, LCV aired gaged in political activity this election year advertisements, like those aired by LCV, as a total of 661 individual television airings with expenditures potentially designed to ‘‘often too negative, too personal, and lack against the Republican candidate. LCV spent circumvent the prohibitions in the Bipar- any real substance.’’ He further requested up to $420,000 in the Wisconsin Senate race tisan Campaign Reform Act of 2002, other- that the LCV not air advertisements in the wise known as McCain-Feingold. The article against the Republican candidate. In 2000, the LCV spent a total of $4 mil- South Dakota Senate contest this year. quoted a former Federal Election Commis- Natural Resources Defense Council sion official stating. lion—again targeting eleven Republican con- ‘‘In the wake of the ban on party-raised gressional candidates and one Democrat con- The Natural Resources Defense Council soft money, evidence is mounting that gressional candidate on its Dirty Dozen list. (NRDC) is an IRS registered 501(c)(3) tax ex- money is slithering through on other routes The LCV spent up to $444,000 in the Wash- empt organization affiliated with the NRDC as organizations maintain various accounts, ington Senate race, $520,000 in the Virginia Action Fund, a 501(c)(4) organization. The tripping over each other, shifting money be- Senate race, and $705,000 in the Michigan NRDC is also affiliated with the Environ- tween 501(c)(3)’s, (c)(4)’s, and 527’s. . . . It’s Senate race, all in an effort to defeat Repub- mental Accountability Fund, a section 527 big money, and the pendulum has swung too lican candidates. However, the LCV also re- political organization. The NRDC’s mission far in their direction.’’ ported spending $52,000 to attempt to defeat statement is to ‘‘safeguard the Earth: its This report for the Chairman provides pre- Congressman Traficant of Ohio for re-elec- people, its plants and animals and the nat- liminary examples describing five of the tion, the only Democrat on the LCV Dirty ural systems on which all life depends;’’ ad- most widely politically active environmental Dozen for 2000. Additionally, in May of 2000, ditionally, the NRDC describes itself as ‘‘the groups with a description of their activity the LCV endorsed Al Gore for President. nation’s most effective environmental action and the foundations that provide the finan- In 2002, the LCV again targeted eleven Re- organization. cial support for those groups. publican congressional candidates and one Since the beginning of the Bush Adminis- Democrat congressional candidate with tele- tration, the NRDC has compiled a ‘‘Bush ENVIRONMENTAL ORGANIZATIONS vision and radio advertisements including a Record’’ on its Web site characterizing the League of conservation voters television advertisement in the South Da- Bush Administration as, ‘‘in catering to in- Beginning with the League of Conservation kota Senate race implying that the Repub- dustries that put America’s health and nat- Voters (LCV) provides an appropriate begin- lican candidate’s environmental positions ural heritage at risk, threatens to do more

VerDate jul 14 2003 06:03 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.152 S04PT1 S10350 CONGRESSIONAL RECORD — SENATE October 4, 2004 damage to our environmental protections accused Senator Inhofe of attempting to Greenpeace USA and its affiliate organiza- than any other in U.S. history. raise ‘‘levels of mercury pollution’’ claiming tions through Greenpeace International have The NRDC has a long history of political the following: ‘‘But wait—there’s more. The received attention for many years more activity. As early as 1982, NRDC spent a Bush administration’s weak air proposals through demonstrations than through polit- record $2.5 million with other environmental were not weak enough, it seems, for Senator ical endorsements. Press reports that have organizations on congressional and guber- James Inhofe, the chairman of the Environ- described some of Greenpeace USA’s dem- natorial races to ‘‘oust Reagan supporters. ment and Public Works Committee. Inhofe onstrations have included activists rapelling The NRDC is also involved in this year’s tried to raise the ‘acceptable’ levels of mer- down skyscrapers, occupying abandoned oil Presidential race joining with LCV and the cury pollution. . . .’’ rigs, intervening in whale hunts with inflat- Sierra Club to work against President Bush Like NRDC’s ‘‘Bush Record,’’ the Sierra able rafts, and illegally boarding ships while in the state of New Mexico which has been Club has its own ‘‘W Watch’’ where it fea- at sea, among other demonstrations that characterized as a ‘‘battleground state’’ this tures articles critical of the Bush Adminis- often result in arrests and criminal convic- year. The Albuquerque Journal reports that tration on environmental issues to judicial tions for Greenpeace activists. In fact, on NRDC has already aired television and radio nominations. Sierra Club affiliated organiza- Earth Day 2001, Greenpeace USA founder advertisements against the Bush Adminis- tions such as Earthjustice, which began as John Passacantado was arrested with the tration’s environmental record joining the the Sierra Club Legal Defense Fund, is also founder of the Rainforest Action Network for LCV and Sierra Club working to hire their highly critical of the Bush Administration locking themselves to a gate during a pro- own campaign staffs against the Bush can- and is regularly engaged in legal actions test blockading the entrance to the Environ- didacy. The NRDC’s Environmental Account- against the federal government. In fact, in mental Protection Agency. ability Fund, a 527 political organization, is its most recent IRS filings, Earthjustice de- Although, Greenpeace may be better sponsoring political advertisements against scribes eighty-six legal actions on a variety known for its demonstrations, its political President Bush throughout New Mexico and of environmental related issues. Earthjustice views may be clear as it has characterized other ‘‘battle ground states’’ including Flor- also publishes its own political information. President Bush as the ‘‘toxic Texan,’’ and ida, Arizona, and Nevada. Overall, at the It issued its ‘‘Paybacks’’ report shortly be- hung a banner from a water tower near the time of this report, this 527 organization has fore the 2002 elections that made such ex- President’s ranch in Texas that read the raised nearly $1 million in the 2004 election plicit claims as, ‘‘the Bush Administration is same. Greenpeace has devoted much of its cycle. weakening environmental laws in particular Web site toward criticism of the Bush Ad- The NRDC 501(c)(3) organization, however, to help those industries that paid to put it in ministration equating the Administration’s is also nationally politically involved joining office.’’ environmental and conservation policies to Like other environmental groups, the Si- earlier this year with Moveon.org, another the ‘‘Texas chainsaw massacre.’’ erra Club has a history of involvement in po- section 527 political organization, purchasing litical campaigns. In the 2000 Presidential Environmental Defense advertisements in the New York Times ac- contest, the Sierra Club spent several hun- Environmental Defense describes itself as cusing the Bush Administration of weak- dred thousand dollars in advertisements at- ‘‘fighting to protect human health, restore ening regulations on drinking water and air tacking Candidate George W. Bush’s cam- the oceans and ecosystems, and curb global quality while soliciting contributions for the paign throughout the country including warming.’’ Environmental Defense is rep- NRDC 501(c)(3) affiliate. what is reported as the largest expenditure resented by two organizations: Environ- Sierra Club of a third party on Spanish language adver- mental Defense, Inc., a 501(c)(3) organization The Sierra Club describes itself as ‘‘Amer- tisements. In the 2002 election cycle, the Si- and the Environmental Defense Action Fund, ica’s oldest, largest and most influential erra Club is reported to have spent $265,772 in Inc., a 501(c)(4) organization. grassroots environmental organization.’’ independent expenditures all for Democratic Environmental Defense represents its work With a reported membership of 700,000, the candidates and making no independent ex- in a number of issue campaigns for instance, Sierra Club is represented by a 501(c)(4) orga- penditures for Republican candidates. Addi- increased air regulations, increased regula- nization, a section 527 political organization, tionally, in the 2002 Senate races, the Sierra tion of ocean industries, strengthening En- and the 501(c)(3) Sierra Club Foundation. In Club endorsed nineteen Democrat incum- dangered Species Act and adding additional a September 27, 2004 article on the inter- bents and challengers and endorsed no Re- listings, and reversing global warming. Envi- connectedness of IRS designated 501(c)(3), publican candidates. In the 2002 races for the ronmental Defense is involved with various 501(c)(4), and 527 organizations this election U.S. House of Representatives, the Sierra other environmental organizations such as year, the Washington Post featured the Si- Club endorsed one hundred sixty-five Demo- the Sierra Club on many other ‘‘campaigns’’ erra Club as the prime example of this web crat incumbents and challengers and en- as well. All ‘‘campaigns’’ are featured on its writing the following: dorsed ten Republican candidates. Web site or its Action!Network Web site. ‘‘Perhaps no one better illustrates the host Like previous election years, the Sierra Environmental Defense is regularly associ- of interlocking roles than Carl Pope, one of Club is heavily involved in the 2004 political ated with other politically involved environ- the most influential operatives on the Demo- cycle. The Sierra Club began spending early mental organizations as well such as NRDC, cratic side in the 2004 election. As executive in the 2004 Presidential contest and is re- Greenpeace, and LCV, among others, and its direct of the Sierra Club, a major 501c(4) en- ported to have spent at least $350,000 as early board of directors not only includes the wife vironmental lobby, Pope also controls the as late 2003 in advertisements against Presi- of the Democratic Presidential nominee but Sierra Club Voter Education Fund, a 527. The dent Bush throughout the country including also includes former Clinton Administration Voter Education Fund 527 has raised $3.4 mil- in New Hampshire, Michigan, Wisconsin, officials involved in their own environmental lion this election cycle, with $2.4 million of Pennsylvania, Florida, Nevada, and Ne- organizations regularly critical of the Bush that amount coming from the Sierra Club. A braska. The Sierra Club has made a series of Administration. endorsements in this year’s political con- third group, the Sierra Club PAC, has since FOUNDATIONS 1980 given $3.9 million to Democratic can- tests, and like LCV, the Sierra Club has en- The following are three of the foundations didates and $173,602 to GOP candidates. dorsed Senator John Kerry for President. In that regularly contribute to the five environ- ‘‘These activities just touch the surface of Senate races, the Sierra Club has endorsed mental organizations referenced in this re- Pope’s political involvement. In 2002–03, Pope sixteen Democrat Senate incumbents and port, among others. helped found two major 527 groups: America challengers and no Republican candidates. In Votes, which was raised $1.9 million to co- races for the U.S. House of Representatives, Pew Charitable Trusts ordinate the election activities of 32 liberal the Sierra Club has endorsed one hundred The Pew Charitable Trusts (Pew) are com- groups, and America Coming Together fourteen Democrat incumbents and chal- prised of seven separate trusts and reports it (ACT), which has a goal of raising more than lengers and has endorsed seven Republican is an ‘‘independent non-profit’’ serving to $100 million to mobilize voters to cast ballots candidates. At the time of this report, the ‘‘inform the public on key issues and trends, against Bush. Finally, Pope is treasurer of a Sierra Club’s 527 political organization as a highly credible source of independent, new 501c(3) foundation, America’s Families claims to have raised over $6.8 million for non-partisan research and polling informa- United, which reportedly has $15 million to the 2004 election cycle alone. tion and that its environmental priorities in- distribute to voter mobilization groups. Greenpeace clude global warming, protecting ocean life, ‘‘ ‘I am in this as deeply as I am,’ Pope Greenpeace USA describes itself as ‘‘the and wilderness protection.’’ In two of those said, ‘because I think this country is in real leading independent campaigning organiza- priorities in particular, global warming and peril.’’’ tion that uses non-violent direct action and wilderness protection, Pew has joined and The Sierra Club is consistently critical of creative communication to expose global en- supported other organizations and cam- the Bush Administration and it compiles a vironmental problems and to promote solu- paigns. ‘‘Sierra Club RAW newsletter’’ featuring tions that are essential to a green and peace- In 1998, Pew created the Pew Center on ‘‘The Uncooked Facts of the Bush Assault on ful future.’’ It claims 250,000 members in the Global Climate Change. The Pew Center re- the Environment’’ with regular criticisms of United States and 2.5 million members ports, ‘‘the growing scientific consensus is the Bush Administration evironmental around the world. Greenpeace USA is rep- that this warming is largely the result of record and sometimes expanding its criti- resented by Greenpeace, Inc., a section emissions of carbon dioxide and other green- cisms to other officials as well. For instance 501(c)(4) organization and the Greenpeace house gases from human activities including in its June 23, 2004 edition, the Sierra Club Fund Inc., a section 501(c)(3) organization. industrial processes, fossil fuel combustion,

VerDate jul 14 2003 06:03 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.087 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10351

and changes in land use, such as deforest- Tides Center and Tides Foundation and af- AMENDMENT NO. 3722 ation.’’ Pew also sponsors the work of the filiates contributing over $6 million since (Purpose: To facilitate the utilization of Clear the air Campaign with a $3.4 million 1998. The Tides organization has in turn also United States commercial remote sensing grant in 1999, $4.3 million grant in 2000, near- contributed over $1.4 million to the Sierra space capabilities for filling imagery and ly $5 million grant in 2001, and $4.7 million Club and affiliates, Greenpeace and affili- geospatial information requirements) grant in 2003 with which it published its ates, the NRDC, and the Environment Work- At the end of subtitle A of title II, add the Dirty Air, Dirty Power report in June 2004 ing Group over that same period. following: claiming, on the first page of the publica- CONCLUSION tion, that coal burning power plants ‘‘make SEC. ll. USE OF UNITED STATES COMMERCIAL This report does not represent the totality REMOTE SENSING SPACE CAPABILI- people sick and shorten the lives of thou- of environmental groups engaged in political TIES FOR IMAGERY AND sands each year’’ and further claiming that activity in this election year or prior elec- GEOSPATIAL INFORMATION RE- ‘‘President Bush has allowed polluters to re- tion years. It does not even represent all the QUIREMENTS. write clean air rules.’’ actions taken by the environmental groups (a) IN GENERAL.—The National Intelligence Concerning wilderness protection, Pew en- that are highlighted in this report each elec- Director shall take actions to ensure, to the dorses the Heritage Forests Campaign also tion year. However, this report provides ex- extent practicable, the utilization of United highly critical of the Bush Administration amples of some of the actions taken by these States commercial remote sensing space ca- conservation policies, and, joining with the groups and clearly questions any claims pabilities to fulfill the imagery and Natural Resources Defense Council, Environ- these groups make concerning being ‘‘non- geospatial information requirements of the mental Defense, the Sierra Club, charac- partisan.’’ These group shave clearly estab- intelligence community. terize the President’s conservation policies lished a record of partisanship and clearly (b) PROCEDURES FOR UTILIZATION.—The Na- as ‘‘Crazy George’s National Forest Give-a- demonstrated each election cycle that they tional Intelligence Director may prescribe way, Every Tree Must Go.’’ simply have an agenda to work together procedures for the purpose of meeting the re- Since 1998, Pew has contributed several quirement in subsection (a). million dollars to various environmental or- against Republican candidates and work to elect Democrat candidates. Additionally, (c) DEFINITIONS.—In this section, the terms ganizations. These contributions have in- ‘‘imagery’’ and ‘‘geospatial information’’ cluded nearly $18 million to Earthjustice, these groups are, in large part, annually fi- nanced by foundations consistently sup- have the meanings given such terms in sec- over $3 million to NRDC, and over $3.7 mil- tion 467 of title 10, United States Code. lion to Environmental Defense. Pew has also porting those groups’ partisan efforts and in AMENDMENT NO. 3757 contributed $32.6 million to the Tides Center some cases directly involved in partisan and foundation over the same period. The criticisms of the Bush Administration. More- (Purpose: To require the Secretary of Home- Tides organization has contributed over $1.4 over, these groups’ activities demonstrate land Security to report to the Congress on million to the Sierra Club and affiliates, the concern expressed in the Washington the technological capabilities and equip- Greenpeace and affiliates, the NRDC, and the Post article regarding political money this ment to Transportation Security Adminis- Environmental Working Group since 1998. election year—money ‘‘slithering through on tration field offices) other routes as organizations maintain var- Turner Foundation At the appropriate place, insert the fol- ious accounts, tripping over each other, lowing: The Turner Foundation describes itself as shifting money between 501(c)(3)’s, (c)(4)’s, ‘‘a private, independent family foundation SEC. . TSA FIELD OFFICE INFORMATION TECH- and 527’s.’’ NOLOGY AND TELECOMMUNI- committed to preventing damage to the nat- Today’s environmental groups are simply ural systems—water, air, and land—on which CATIONS REPORT. political machines reporting millions in con- Within 90 days after the date of enactment all life depends.’’ It was founded in 1990 by tributions and expenditures each year for the Ted Turner who is Chairman of the Founda- of this Act, the Secretary of Homeland Secu- purpose of raising more money to pursue rity shall transmit a report to the Congress, tion Board of Trustees. The Turner Founda- their agenda. Especially in this election tion makes grants ‘‘in the areas of the envi- which may be transmitted in classified and year, the American voter should see these redacted formats, setting forth— ronment and population.’’ The Foundation is groups and their many affiliate organiza- especially involved in the issues of global (1) a descriptive list of each administrative tions as they are—the newest insidious con- and airport site of the Transportation Secu- warming and overpopulation, and supports spiracy of political action committees and the work of its ‘‘special projects’’ which in- rity Administration, including its location, perhaps the newest multi-million dollar ma- staffing, and facilities; clude the Partnership Project which is com- nipulation of federal election laws. prised of twenty national environmental (2) an analysis of the information tech- I suggest the absence of a quorum. nology and telecommunications capabilities, groups. The Turner Foundation’s other spe- The PRESIDING OFFICER. The cial projects include the League of Conserva- equipment, and support available at each tion Voters Education Fund, the NARAL clerk will call the roll. such site, including— (A) whether the site has access to Foundation, and Planned Parenthood Fed- The assistant legislative clerk pro- broadband telecommunications; eration of America. ceeded to call the roll. Since 1998, the Turner Foundation has con- Ms. COLLINS. Mr. President, I ask (B) whether the site has the ability to ac- tributed over $6.4 million to the Partnership cess Transportation Security Administration unanimous consent that the order for databases directly; Project that is comprised of the League of the quorum call be dispensed with. Conservation Voters, Sierra Club, (C) the means available to the site for com- The PRESIDING OFFICER. Without municating and sharing information and Earthjustice, Environmental Defense, Nat- objection, it is so ordered. ural Resources Defense council, and other data on a real time basis with the Greenpeace among others. Individually, the Ms. COLLINS. Mr. President, let me Transportation Security Administration’s Turner Foundation has contributed more commend you for your leadership in national, regional, and State offices as well than $20 million to the LCV since 1998, over presiding this evening. I realize it has as with other Transportation Security Ad- $2.6 million to the NRDC, over $1 million to been a very long evening and the Sen- ministration sites; (D) the means available to the site for the Sierra Club, nearly $2 million to the Na- ator has been in the Chair for a long communicating with other Federal, State, tional Wildlife Federation, and nearly $2 mil- time. and local government sites with transpor- lion to Environmental Defense, Earthjustice, AMENDMENTS NOS. 3722, AS MODIFIED, 3757, AS tation security related responsibilities; and Greenpeace, and the Environmental Working MODIFIED, 3762, AS MODIFIED, 3778, AS MODI- (E) whether and to what extent computers Group. FIED, 3814, 3818, 3825, 3832, 3833, AS MODIFIED, in the site are linked through a local area Heinz foundations 3836, 3841, 3859, AS MODIFIED, 3860, 3867, AS MODI- network or otherwise, and whether the infor- The Heinz foundations are comprised of FIED, 3901, 3910, AS MODIFIED, 3923 EN BLOC mation technology resources available to the several different foundations, some estab- Ms. COLLINS. Mr. President, I have site are adequate to enable it to carry out its lished for specific purposes. Of the Heinz a series of amendments that have been functions and purposes; and family affiliated foundations, the largest cleared on both sides of the aisle. I ask (3) an assessment of current and future contributors to environmental organizations needs of the Transportation Security Admin- are the Howard Heinz Endowment, Vira I. unanimous consent that the list of istration to provide adequate information Heinz Endowment, and Heinz Family Foun- amendments that I send to the desk be technology and telecommunications facili- dation. agreed to with the modifications ties, equipment, and support to its sites, and Ms. Teresa Heinz Kerry is either chair- agreed to where indicated. an estimate of the costs of meeting those person of the board of trustees or member of The PRESIDING OFFICER. Is there needs. the board of trustees on each foundation. Ms. objection? AMENDMENT NO. 3762 Heinz Kerry is the head of the $1.2 billion Heinz Foundation endowment. Since 1998, Mr. LIEBERMAN. No objection. (Purpose: To improve information sharing by these foundations have contributed nearly $3 The PRESIDING OFFICER. Without the national intelligence centers) million to Environmental Defense, the Si- objection, it is so ordered. On page 97, line 10, insert before the period erra Club, the LCV, and the NRDC. Each The amendments were agreed to, as the following: ‘‘, including through the es- foundation is also a large contributor to the follows: tablishment of mechanisms for the sharing

VerDate jul 14 2003 06:03 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.090 S04PT1 S10352 CONGRESSIONAL RECORD — SENATE October 4, 2004 of information and analysis among and be- merce, and the House of Representatives Se- (iii) employees whose duties primarily in- tween national intelligence centers having lect Committee on Homeland Security. volve the secure movement of prisoners. adjacent or significantly interrelated geo- (b) CONSULTATION AND USE OF COMMERCIAL (4) SECURITY SERVICES.—The term ‘‘secu- graphic regions or functional areas of intel- TECHNOLOGIES.—In assessing standards and rity services’’ means acts to protect people ligence responsibility’’. protocols pursuant to paragraph (a), the Sec- or property as defined by regulations pro- AMENDMENT NO. 3778 retary of Homeland Security shall— mulgated by the Attorney General. (1) seek input from representatives of the (5) STATE IDENTIFICATION BUREAU.—The (Purpose: To improve the management of the user communities regarding the operation term ‘‘State identification bureau’’ means personnel of the National Intelligence Au- and administration of the Network; and the State entity designated by the Attorney thority) (2) consider use of commercial wireless General for the submission and receipt of On page 113, between lines 17 and 18, insert technologies to the greatest extent prac- criminal history record information. the following: ticable. (d) CRIMINAL HISTORY RECORD INFORMATION (b) TERMINATION OF EMPLOYEES.—(1) Not- AMENDMENT NO. 3825 SEARCH.— withstanding any other provision of law, the (1) IN GENERAL.— (Purpose: To permit reviews of criminal National Intelligence Director may, in the (A) SUBMISSION OF FINGERPRINTS.—An au- records of applicants for private security discretion of the Director, terminate the em- thorized employer may submit to the State officer employment) ployment of any officer or employee of the identification bureau of a participating National Intelligence Authority whenever At the appropriate place, insert the fol- State, fingerprints or other means of posi- the Director considers the termination of lowing: tive identification, as determined by the At- employment of such officer or employee nec- SEC. ll. PRIVATE SECURITY OFFICER EMPLOY- torney General, of an employee of such em- essary or advisable in the interests of the MENT AUTHORIZATION ACT OF 2004. ployer for purposes of a criminal history United States. (a) SHORT TITLE.—This section may be record information search pursuant to this (2) Any termination of employment of an cited as the ‘‘Private Security Officer Em- section. officer or employee under paragraph (1) shall ployment Authorization Act of 2004’’. (B) EMPLOYEE RIGHTS.— not affect the right of the officer or em- (b) FINDINGS.—Congress finds that— (i) PERMISSION.—An authorized employer ployee to seek or accept employment in any (1) employment of private security officers shall obtain written consent from an em- other department, agency, or element of the in the United States is growing rapidly; ployee to submit to the State identification United States Government if declared eligi- (2) private security officers function as an bureau of a participating State the request ble for such employment by the Office of adjunct to, but not a replacement for, public to search the criminal history record infor- Personnel Management. law enforcement by, among other things, mation of the employee under this section. On page 113, line 18, strike ‘‘(b) RIGHTS AND helping to protect critical infrastructure, in- (ii) ACCESS.—An authorized employer shall PROTECTIONS’’ and insert ‘‘(c) OTHER RIGHTS cluding hospitals, manufacturing facilities, provide to the employee confidential access AND PROTECTIONS’’. defense and aerospace contractors, nuclear to any information relating to the employee On page 113, after line 24, add the fol- power plants, chemical companies, oil and received by the authorized employer pursu- lowing: gas refineries, airports, communication fa- ant to this section. (d) REGULATIONS.—The National Intel- cilities and operations, and others; (C) PROVIDING INFORMATION TO THE STATE ligence Director shall prescribe regulations (3) the 9-11 Commission Report says that IDENTIFICATION BUREAU.—Upon receipt of a on the application of the authorities, rights, ‘‘Private sector preparedness is not a luxury; request for a criminal history record infor- and protections in and made applicable by it is a cost of doing business in the post-9/11 mation search from an authorized employer subsections (a), (b), and (c), to the personnel world. It is ignored at a tremendous poten- pursuant to this section, submitted through of the National Intelligence Authority. tial cost in lives, money, and national secu- the State identification bureau of a partici- AMENDMENT NO. 3814 rity’’ and endorsed adoption of the American pating State, the Attorney General shall— (Purpose: To provide the sense of Congress National Standards Institute’s standard for (i) search the appropriate records of the that United States foreign assistance private preparedness; Criminal Justice Information Services Divi- should be provided to South Asia, South- (4) part of improving private sector pre- sion of the Federal Bureau of Investigation; east Asia, West Africa, the Horn of Africa, paredness is mitigating the risks of terrorist and North and North Central Africa, the Ara- attack on critical infrastructure by ensuring (ii) promptly provide any resulting identi- bian peninsula, Central and Eastern Eu- that private security officers who protect fication and criminal history record infor- rope, and South America to prevent the es- those facilities are properly screened to de- mation to the submitting State identifica- tablishment of terrorist sanctuaries) termine their suitability; tion bureau requesting the information. (5) the American public deserves the em- (D) USE OF INFORMATION.— On page ll, between lines ll and ll, ployment of qualified, well-trained private (i) IN GENERAL.—Upon receipt of the crimi- insert the following: security personnel as an adjunct to sworn nal history record information from the At- (2) regions of specific concern where United law enforcement officers; and torney General by the State identification States foreign assistance should be targeted (6) private security officers and applicants bureau, the information shall be used only as to assist governments in efforts to prevent for private security officer positions should provided in clause (ii). the use of such regions as terrorist sanc- be thoroughly screened and trained. (ii) TERMS.—In the case of— tuaries are South Asia, Southeast Asia, West (c) DEFINITIONS.—In this section: (I) a participating State that has no State Africa, the Horn of Africa, North and North (1) EMPLOYEE.—The term ‘‘employee’’ in- standards for qualification to be a private se- Central Africa, the Arabian peninsula, Cen- cludes both a current employee and an appli- curity officer, the State shall notify an au- tral and Eastern Europe, and South America; cant for employment as a private security thorized employer as to the fact of whether AMENDMENT NO. 3818, AS MODIFIED officer. an employee has been— At the appropriate place, insert: (2) AUTHORIZED EMPLOYER.—The term ‘‘au- (aa) convicted of a felony, an offense in- SEC. ll. NATIONWIDE INTEROPERABLE COM- thorized employer’’ means any person that— volving dishonesty or a false statement if MUNICATIONS NETWORK. (A) employs private security officers; and the conviction occurred during the previous (a) IN GENERAL.—Within one year of enact- (B) is authorized by regulations promul- 10 years, or an offense involving the use or ment, the Secretary of Homeland Security, gated by the Attorney General to request a attempted use of physical force against the in coordination with the Federal Commu- criminal history record information search person of another if the conviction occurred nications Commission and the National Tele- of an employee through a State identifica- during the previous 10 years; or communications and Information Adminis- tion bureau pursuant to this section. (bb) charged with a criminal felony for tration, shall complete a study assessing po- (3) PRIVATE SECURITY OFFICER.— The term which there has been no resolution during tential technical and operational standards ‘‘private security officer’’— the preceding 365 days; or and protocols for a nationwide interoperable (A) means an individual other than an em- (II) a participating State that has State communications network (referred to in this ployee of a Federal, State, or local govern- standards for qualification to be a private se- section as the ‘‘Network’’) that may be used ment, whose primary duty is to perform se- curity officer, the State shall use the infor- by Federal, State, and local governmental curity services, full- or part-time, for consid- mation received pursuant to this section in and non-governmental public safety, home- eration, whether armed or unarmed and in applying the State standards and shall only land security, and other first responder per- uniform or plain clothes (except for services notify the employer of the results of the ap- sonnel. The assessment shall be consistent excluded from coverage under this section if plication of the State standards. with the SAFECOM national strategy as de- the Attorney General determines by regula- (E) FREQUENCY OF REQUESTS.—An author- veloped by the public safety community in tion that such exclusion would serve the ized employer may request a criminal his- cooperation with SAFECOM and the DHS public interest); but tory record information search for an em- Interoperability Office. The Secretary shall (B) does not include— ployee only once every 12 months of contin- report the results of the study to the Senate (i) employees whose duties are primarily uous employment by that employee unless Committee on Commerce, Science, and internal audit or credit functions; the authorized employer has good cause to Transportation, the Senate Committee on (ii) employees of electronic security sys- submit additional requests. Governmental Affairs, the House of Rep- tem companies acting as technicians or mon- (2) REGULATIONS.—Not later than 180 days resentatives Committee on Energy and Com- itors; or after the date of enactment of this Act, the

VerDate jul 14 2003 06:13 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.060 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10353 Attorney General shall issue such final or in- (C) the unique needs of small, rural com- military complex of systems and capabilities terim final regulations as may be necessary munities; and that can greatly reduce the likelihood of a to carry out this section, including— (D) the interoperability needs for daily op- successful clandestine attack, achieving lev- (A) measures relating to the security, con- erations and catastrophic events. els of protection effective enough to warrant fidentiality, accuracy, use, submission, dis- (c) NATIONAL EQUIPMENT INTEROPERABILITY the effort. semination, destruction of information and IMPLEMENTATION PLAN.— (b) REPORT.—Not later than 6 months after audits, and recordkeeping; (1) DEVELOPMENT.—Not later than 180 days the date of the enactment of this Act, the (B) standards for qualification as an au- of the completion of the development of Secretary of Defense shall, in consultation thorized employer; and goals and guidelines under subsection (b), with the Secretary of Energy, submit to the (C) the imposition of reasonable fees nec- the Secretary of Homeland Security shall de- Committees on Armed Services of the Senate essary for conducting the background velop an implementation plan that— and the House of Representatives a report on checks. (A) outlines the responsibilities of the De- the actions proposed to be taken to address (3) CRIMINAL PENALTIES FOR USE OF INFOR- partment of Homeland Security; and the recommendations of the Defense Science MATION.—Whoever knowingly and inten- (B) focuses on providing technical and fi- Board Task Force on Preventing and Defend- tionally uses any information obtained pur- nancial assistance to States and local gov- ing Against Clandestine Nuclear Attack. suant to this section other than for the pur- ernments for interoperability planning and AMENDMENT NO. 3836 pose of determining the suitability of an in- implementation. (Purpose: To authorize the Secretary of dividual for employment as a private secu- (2) EXECUTION.—The Secretary shall exe- Homeland Security to award grants to im- rity officer shall be fined under title 18, cute the plan developed under this sub- prove first responder communications sys- United States Code, or imprisoned for not section as soon as practicable. tems) more than 2 years, or both. (3) REPORTS.— At the appropriate place, insert the fol- (4) USER FEES.— (A) INITIAL REPORT.—Upon the completion lowing: (A) IN GENERAL.—The Director of the Fed- of the plan under subsection (c), the Sec- SEC. ll. COMMUNICATION SYSTEM GRANTS. eral Bureau of Investigation may— retary shall submit a report that describes (a) IN GENERAL.—The Secretary of Home- (i) collect fees to process background such plan to— land Security may award grants, on a com- checks provided for by this section; and (i) the Committee on Governmental Affairs petitive basis, to States, local governments, (ii) establish such fees at a level to include of the Senate; local law enforcement agencies, and local an additional amount to defray expenses for (ii) the Committee on Environment and fire departments to— the automation of fingerprint identification Public Works of the Senate; (1) improve communication systems to and criminal justice information services (iii) the Committee on Commerce, Science, allow for real time, interoperable commu- and associated costs. and Transportation of the Senate; nication between State and local first re- (B) LIMITATIONS.—Any fee collected under (iv) the Select Committee on Homeland Se- sponders; or this subsection— curity of the House of Representatives; and (2) purchase communication systems that (i) shall, consistent with Public Law 101– (v) the Committee on Energy and Com- allow for real time, interoperable commu- 515 and Public Law 104–99, be credited to the merce of the House of Representatives. nication between State and local first re- appropriation to be used for salaries and (B) ANNUAL REPORT.—Not later than 1 year sponders. other expenses incurred through providing after the submission of the report under sub- (b) APPLICATION.—Any State, local govern- the services described in such Public Laws paragraph (A), and annually thereafter, the ment, local law enforcement agency, or local and in subparagraph (A); Secretary shall submit a report to the com- fire department desiring a grant under this (ii) shall be available for expenditure only mittees referred to in subparagraph (A) that section shall submit an application to the to pay the costs of such activities and serv- describes the progress made in implementing Secretary at such time, in such manner, and ices; and the plan developed under this subsection. containing such information as the Sec- (iii) shall remain available until expended. (d) INTERNATIONAL INTEROPERABILITY.—Not retary may reasonably require. (C) STATE COSTS.—Nothing in this section later than 1 year after the date of enactment (c) AUTHORIZATION OF APPROPRIATIONS.— shall be construed as restricting the right of of this Act, the President shall establish a There are authorized to be appropriated such a State to assess a reasonable fee on an au- mechanism for coordinating cross-border sums necessary for each of the fiscal years thorized employer for the costs to the State interoperability issues between— 2005 through 2009 to carry out the provisions of administering this section. (1) the United States and Canada; and of this section. (5) STATE OPT OUT.—A State may decline to (2) the United States and Mexico. AMENDMENT NO. 3859 participate in the background check system (e) AUTHORIZATION OF APPROPRIATIONS.— On page 94, between lines 14 and 15, insert authorized by this section by enacting a law There are authorized to be appropriated for the following: or issuing an order by the Governor (if con- each of the fiscal years 2005 through 2009— (3) There may be established under this sistent with State law) providing that the (1) such sums as may be necessary to carry subsection one or more national intelligence State is declining to participate pursuant to out subsection (b); centers having intelligence responsibility for this paragraph. (2) such sums as may be necessary to carry the following: out subsection (c); and AMENDMENT NO. 3832 (A) The nuclear terrorism threats con- (3) such sums as may be necessary to carry fronting the United States. At the appropriate place, insert the fol- out subsection (d). lowing: (B) The chemical terrorism threats con- fronting the United States. SEC. . COMMUNICATIONS INTEROPERABILITY. AMENDMENT NO. 3833, AS MODIFIED (C) The biological terrorism threats con- (a) DEFINITION.—As used in this section, (Purpose: To require a report on the imple- fronting the United States. the term ‘‘equipment interoperability’’ mentation of recommendations of the De- On page 94, line 15, strike ‘‘(3)’’ and insert means the devices that support the ability of fense Science Board on preventing and de- ‘‘(4)’’. public safety service and support providers fending against clandestine nuclear at- to talk with each other via voice and data on tack) AMENDMENT NO. 3860 (Purpose: To improve the working relation- demand, in real time, when needed, and when On page 153, between lines 2 and 3, insert ship between the intelligence community authorized. the following: (b) NATIONAL GUIDELINES FOR EQUIPMENT and the National Infrastructure Simula- SEC. 207. REPORT ON IMPLEMENTATION OF REC- INTEROPERABILITY.—Not later than one year tion and Analysis Center) OMMENDATIONS OF DEFENSE after the date of enactment of this Act, the SCIENCE BOARD ON PREVENTING At the appropriate place, insert the fol- Secretary of Homeland Security, after con- AND DEFENDING AGAINST CLANDES- lowing: sultation with the Federal Communications TINE NUCLEAR ATTACK. SEC. ll. INTELLIGENCE COMMUNITY USE OF Commission and the National Telecommuni- (a) FINDING.—Congress finds that the June NISAC CAPABILITIES. cations and Information Administration, and 2004 report of the Defense Science Board The National Intelligence Director shall other appropriate representatives of Federal, Task Force on Preventing and Defending establish a formal relationship, including in- State, and local government and first re- Against Clandestine Nuclear Attack— formation sharing, between the intelligence sponders, shall adopt, by regulation, na- (1) found that it would be easy for adver- community and the National Infrastructure tional goals and guideline for equipment saries to introduce and detonate a nuclear Simulation and Analysis Center. Through interoperability and related issues that— explosive clandestinely in the United States; this relationship, the intelligence commu- (1) set short-term, mid-term, and long- (2) found that clandestine nuclear attack nity shall take full advantage of the capa- term means and minimum equipment per- bilities of the National Infrastructure Sim- formance guidelines for Federal agencies, and defense against such attack should be treated as an emerging aspect of strategic ulation and Analysis Center, particularly States, and local governments; vulnerability and consequence analysis, for (2) recognize— warfare and that those matters warrant na- real time response to reported threats and (A) the value, life cycle, and technical ca- tional and Department of Defense attention; pabilities of existing communications infra- and long term planning for projected threats. structure; (3) called for a serious national commit- AMENDMENT NO. 3867, AS MODIFIED (B) the need for cross-border interoper- ment to a multidepartment program to cre- At the appropriate place, insert the fol- ability between States and nations; ate a multi-element, layered, global, civil/ lowing:

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TERRORISM FINANCING. ‘‘(ii) such depository institution holding and subject to the provisions of section (a) REPORT ON TERRORIST FINANCING.— company or any depository institution that 8(e)(4) for written notices or orders under (1) IN GENERAL.—Not later than 180 days is controlled by such depository institution paragraphs (1) or (2) of section 8(e), upon after the date of enactment of this Act, the holding company. such person of the intention of the agency— President, acting through the Secretary of ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(I) to remove such person from office or the Treasury, shall submit to Congress a re- section— to prohibit such person from further partici- port evaluating the current state of United ‘‘(A) the term ‘depository institution’ in- pation in the conduct of the affairs of the de- States efforts to curtail the international fi- cludes an uninsured branch or agency of a pository institution, depository institution nancing of terrorism. foreign bank, if such branch or agency is lo- holding company, or other company for a pe- (2) CONTENTS.—The report required by cated in any State; and riod of up to 5 years; and paragraph (1) shall evaluate and make rec- ‘‘(B) the term ‘depository institution hold- ‘‘(II) to prohibit any further participation ommendations on— ing company’ includes any foreign bank or by such person, in any manner, in the con- (A) the effectiveness and efficiency of cur- company described in section 8(a) of the duct of the affairs of any insured depository rent United States governmental efforts and International Banking Act of 1978. institution for a period of up to 5 years. methods to detect, track, disrupt, and stop ‘‘(3) RULES OF CONSTRUCTION.—For purposes ‘‘(ii) CIVIL MONETARY FINE.—The Federal terrorist financing; of this subsection, a foreign bank shall be banking agency may, in an administrative (B) the relationship between terrorist fi- deemed to control any branch or agency of proceeding or civil action in an appropriate nancing and money laundering, including the foreign bank, and a person shall be United States district court, impose on such how the laundering of proceeds related to il- deemed to act as a consultant for a deposi- person a civil monetary penalty of not more legal narcotics or foreign political corrup- tory institution, depository institution hold- than $250,000. In lieu of an action by the Fed- tion may contribute to terrorism or terrorist ing company, or other company, only if such eral banking agency under this clause, the financing; person directly works on matters for, or on Attorney General of the United States may (C) the nature, effectiveness, and efficiency behalf of, such depository institution, depos- bring a civil action under this clause in the of current efforts to coordinate intelligence itory institution holding company, or other appropriate United States district court. and agency operations within the United company. Any administrative proceeding under this States Government to detect, track, disrupt, ‘‘(4) REGULATIONS.— clause shall be conducted in accordance with and stop terrorist financing, including iden- ‘‘(A) IN GENERAL.—Each Federal banking section 8(i). tifying who, if anyone, has primary responsi- agency shall prescribe rules or regulations to ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any bility for developing priorities, assigning administer and carry out this subsection, in- person subject to an order issued under sub- tasks to agencies, and monitoring the imple- cluding rules, regulations, or guidelines to paragraph (A)(i) shall be subject to para- mentation of policy and operations; define the scope of persons referred to in graphs (6) and (7) of section 8(e) in the same (D) the effectiveness and efficiency of ef- paragraph (1)(B). manner and to the same extent as a person forts to protect the critical infrastructure of ‘‘(B) CONSULTATION REQUIRED.—The Federal subject to an order issued under such sec- the United States financial system, and ways banking agencies shall consult with each tion. to improve the effectiveness of financial in- other for the purpose of assuring that the ‘‘(C) DEFINITIONS.—Solely for purposes of stitutions; rules and regulations issued by the agencies this paragraph, the ‘appropriate Federal under subparagraph (A) are, to the extent (E) ways to improve multilateral and banking agency’ for a company that is not a possible, consistent and comparable and international governmental cooperation on depository institution or depository institu- practicable, taking into account any dif- terrorist financing, including the adequacy tion holding company shall be the Federal ferences in the supervisory programs utilized of agency coordination within the United banking agency on whose behalf the person by the agencies for the supervision of deposi- States related to participating in inter- described in paragraph (1) performed the tory institutions and depository institution national cooperative efforts and imple- functions described in paragraph (1)(B).’’. menting international treaties and com- holding companies. (c) POSTEMPLOYMENT RESTRICTION FOR CER- pacts; and ‘‘(5) WAIVER.— TAIN CREDIT UNION EXAMINERS.—Section 206 (F) ways to improve the setting of prior- ‘‘(A) AGENCY AUTHORITY.—A Federal bank- of the Federal Credit Union Act (12 U.S.C. ities and coordination of United States ef- ing agency may grant a waiver, on a case by 1786) is amended by adding at the end the fol- forts to detect, track, disrupt, and stop ter- case basis, of the restriction imposed by this lowing: rorist financing, including recommendations subsection to any officer or employee (in- for changes in executive branch organization cluding any special Government employee) ‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL or procedures, legislative reforms, additional of that agency, and the Board of Governors EXAMINERS OF INSURED CREDIT UNIONS.— resources, or use of appropriated funds. of the Federal Reserve System may grant a ‘‘(1) IN GENERAL.—In addition to other ap- (b) POSTEMPLOYMENT RESTRICTION FOR CER- waiver of the restriction imposed by this plicable restrictions set forth in title 18, TAIN BANK AND THRIFT EXAMINERS.—Section subsection to any officer or employee of a United States Code, the penalties set forth in 10 of the Federal Deposit Insurance Act (12 Federal reserve bank, if the head of such paragraph (5) of this subsection shall apply U.S.C. 1820) is amended by adding at the end agency certifies in writing that granting the to any person who— the following: waiver would not affect the integrity of the ‘‘(A) was an officer or employee (including ‘‘(k) ONE-YEAR RESTRICTIONS ON FEDERAL supervisory program of the relevant Federal any special Government employee) of the EXAMINERS OF FINANCIAL INSTITUTIONS.— banking agency. Administration; ‘‘(1) IN GENERAL.—In addition to other ap- ‘‘(B) DEFINITION.—For purposes of this ‘‘(B) served 2 or more months during the plicable restrictions set forth in title 18, paragraph, the head of an agency is— final 12 months of his or her employment United States Code, the penalties set forth in ‘‘(i) the Comptroller of the Currency, in with the Administration as the senior exam- paragraph (6) of this subsection shall apply the case of the Office of the Comptroller of iner (or a functionally equivalent position) to any person who— the Currency; of an insured credit union with continuing, ‘‘(A) was an officer or employee (including ‘‘(ii) the Chairman of the Board of Gov- broad responsibility for the examination (or any special Government employee) of a Fed- ernors of the Federal Reserve System, in the inspection) of that insured credit union on eral banking agency or a Federal reserve case of the Board of Governors of the Federal behalf of the Administration; and bank; Reserve System; ‘‘(C) within 1 year after the termination ‘‘(B) served 2 or more months during the ‘‘(iii) the Chairperson of the Board of Di- date of his or her service or employment final 12 months of his or her employment rectors, in the case of the Corporation; and with the Administration, knowingly accepts with such agency or entity as the senior ex- ‘‘(iv) the Director of the Office of Thrift compensation as an employee, officer, direc- aminer (or a functionally equivalent posi- Supervision, in the case of the Office of tor, or consultant from such insured credit tion) of a depository institution or deposi- Thrift Supervision. union. tory institution holding company with con- ‘‘(6) PENALTIES.— ‘‘(2) RULE OF CONSTRUCTION.—For purposes tinuing, broad responsibility for the exam- ‘‘(A) IN GENERAL.—In addition to any other of this subsection, a person shall be deemed ination (or inspection) of that depository in- administrative, civil, or criminal remedy or to act as a consultant for an insured credit stitution or depository institution holding penalty that may otherwise apply, whenever union only if such person directly works on company on behalf of the relevant agency or a Federal banking agency determines that a matters for, or on behalf of, such insured Federal reserve bank; and person subject to paragraph (1) has become credit union. ‘‘(C) within 1 year after the termination associated, in the manner described in para- ‘‘(3) REGULATIONS.— date of his or her service or employment graph (1)(C), with a depository institution, ‘‘(A) IN GENERAL.—The Board shall pre- with such agency or entity, knowingly ac- depository institution holding company, or scribe rules or regulations to administer and cepts compensation as an employee, officer, other company for which such agency serves carry out this subsection, including rules, director, or consultant from— as the appropriate Federal banking agency, regulations, or guidelines to define the scope ‘‘(i) such depository institution, any depos- the agency shall impose upon such person of persons referred to in paragraph (1)(B). itory institution holding company that con- one or more of the following penalties: ‘‘(B) CONSULTATION.—In prescribing rules trols such depository institution, or any ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.— or regulations under this paragraph, the other company that controls such depository The Federal banking agency shall serve a Board shall, to the extent it deems nec- institution; or written notice or order in accordance with essary, consult with the Federal banking

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agencies (as defined in section 3 of the Fed- the Secretary of Homeland Security shall (b) REPORT FORMAT.—The Secretary may eral Deposit Insurance Act) on regulations transmit to the Congress— submit all, or part, of the report required by issued by such agencies in carrying out sec- (1) a report on the status of the National this section in classified and redacted form if tion 10(k) of the Federal Deposit Insurance Maritime Transportation Security Plan re- the Secretary determines that it is appro- Act. quired by section 70103(a) of title 46, United priate or necessary. ‘‘(4) WAIVER.— States Code, which may be submitted in AMENDMENT NO. 3923 classified and redacted format; ‘‘(A) AGENCY AUTHORITY.—The Board may (Purpose: To ensure the balance of privacy (2) a comprehensive program management grant a waiver, on a case by case basis, of the and civil liberties) restriction imposed by this subsection to any plan that identifies specific tasks to be com- officer or employee (including any special pleted and deadlines for completion for the On page 154, strike lines 1 through 3 and in- Government employee) of the Administra- transportation security card program under sert the following: tion if the Chairman certifies in writing that section 70105 of title 46, United States Code (1) analyze and review actions the execu- granting the waiver would not affect the in- that incorporates best practices for commu- tive branch takes to protect the Nation from tegrity of the supervisory program of the Ad- nicating, coordinating, and collaborating terrorism, ensuring that the need for such ministration. with the relevant stakeholders to resolve rel- actions is balanced with the need to protect ‘‘(5) PENALTIES.— evant issues, such as background checks; privacy and civil liberties; and On page 155, line 6 strike beginning with ‘‘(A) IN GENERAL.—In addition to any other (3) a report on the status of negotiations administrative, civil, or criminal remedy or under section 103 of the Maritime Transpor- ‘‘has’’ through line 9 and insert the fol- penalty that may otherwise apply, whenever tation Security Act of 2002 (46 U.S.C. 70111 lowing: ‘‘has established— the Board determines that a person subject note); ‘‘(i) that the need for the power is balanced to paragraph (1) has become associated, in (4) the report required by section 107(b) of with the need to protect privacy and civil the manner described in paragraph (1)(C), the Maritime Transportation Security Act of liberties;’’. with an insured credit union, the Board shall 2002 (33 U.S.C. 1226 note); and On page 166, strike lines 4 through 6 and in- impose upon such person one or more of the (5) a report on the status of the develop- sert the following: ‘‘element has estab- following penalties: ment of the system and program mandated lished— ‘‘(i) that the need for the power is balanced ‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.— by section 111 of the Maritime Transpor- The Board shall serve a written notice or tation Security Act of 2002 (46 U.S.C. 70116 with the need to protect privacy and civil order in accordance with and subject to the note). liberties;’’. provisions of subsection (g)(4) for written no- (b) OTHER REPORTS.—Within 90 days after AMENDMENT NO. 3867 tices or orders under paragraphs (1) or (2) of the date of enactment of this Act— Mr. LEVIN. Mr. President, I thank subsection (g), upon such person of the inten- (1) the Secretary of Homeland Security the managers of the intelligence re- tion of the Board— shall transmit to the Congress— form bill, S. 2845, for accepting an (A) a report on the establishment of the ‘‘(I) to remove such person from office or amendment offered by myself and Sen- to prohibit such person from further partici- National Maritime Security Advisory Com- ator COLEMAN on the issue of terrorist pation in the conduct of the affairs of the in- mittee appointed under section 70112 of title sured credit union for a period of up to 5 46, United States Code; and financing. This amendment, amend- years; and (B) a report on the status of the program ment No. 3867, was developed in coordi- ‘‘(II) to prohibit any further participation established under section 70116 of title 46, nation with Senators COLLINS and by such person, in any manner, in the con- United States Code, to evaluate and certify LIEBERMAN of the Governmental Af- duct of the affairs of any insured credit security systems of international intermodal fairs Committee and Senators SHELBY transportation; union for a period of up to 5 years. and SARBANES of the Banking Com- ‘‘(ii) CIVIL MONETARY FINE.—The Board (2) the Secretary of Transportation shall transmit to the Congress the annual report mittee. I thank each of my colleagues may, in an administrative proceeding or for their guidance and assistance which civil action in an appropriate United States required by section 905 of the International district court, impose on such person a civil Maritime and Port Security Act (46 U.S.C. has enabled us to fashion a good monetary penalty of not more than $250,000. App. 1802) that includes information that amendment with bipartisan support In lieu of an action by the Board under this should have been included in the last pre- and offer it to the bill today. clause, the Attorney General of the United ceding annual report that was due under that This amendment is the result of an States may bring a civil action under this section; and extensive investigation by the Perma- clause in the appropriate United States dis- (3) the Commandant of the United States nent Subcommittee on Investigations, trict court. Any administrative proceeding Coast Guard shall transmit to Congress the report required by section 110(b) of the Mari- initiated at my request, into money under this clause shall be conducted in ac- laundering allegations involving Riggs cordance with subsection (k). time Transportation Security Act of 2002 (46 Bank, a nationally chartered bank lo- ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any U.S.C. 70101 note). person subject to an order issued under this (d) EFFECTIVE DATE.—Notwithstanding any cated right here in the Nation’s Cap- subparagraph (A)(i) shall be subject to para- other provision of this Act, this section ital. Our investigation found a bank graphs (5) and (7) of subsection (g) in the takes effect on the date of enactment of this which routinely allowed highly ques- same manner and to the same extent as a Act. tionable transactions with few ques- person subject to an order issued under sub- AMENDMENT NO. 3910 tions asked. Some of these trans- section (g).’’. At the appropriate place, insert the fol- actions involved millions of dollars in (d) EFFECTIVE DATE.—Notwithstanding sec- lowing: cash or suspicious wire transfers; oth- tion 341, subsection (a) shall become effec- SEC. ll. REPORT ON INTERNATIONAL AIR ers have raised serious concerns about tive on the date of enactment of this Act, CARGO THREATS. and the amendments made by subsections (b) possible terrorist financing. (a) REPORT.—Within 180 days after the date We live in a post-9/11 world. After the and (c) shall become effective at the end of of enactment of this Act, the Secretary of the 12-month period beginning on the date of Homeland Security, in coordination with the attack on America, we strengthened enactment of this Act, whether or not final Secretary of Defense and the Administrator our antimoney laundering laws, in regulations are issued in accordance with the of the Federal Aviation Administration, part, because Osama bin Laden boasted amendments made by this section as of that shall submit a report to the Committee on that his modern new recruits knew the date of enactment. Commerce, Science, and Transportation and ‘‘cracks’’ in ‘‘Western financial sys- (e) REPEAL OF DUPLICATIVE PROVISION.— the Committee on Governmental Affairs of tems’’ like they knew the ‘‘lines in Section ll16(c) of this Act, entitled ‘‘RE- the Senate and the Committee on Transpor- PORT ON TERRORIST FINANCING’’ is repealed, their hands.’’ That chilling statement tation and Infrastructure and the Select helped fuel a new effort to strengthen and shall have no force or effect, effective on Committee on Homeland Security of the the date of enactment of this Act. House of Representatives that contains the our defenses against terrorists, corrupt AMENDMENT NO. 3901 following: dictators, and others who would use (Purpose: To require certain overdue reports (1) A description of the current procedures our financial systems against us. Part relating to maritime security to be trans- in place to address the threat of an inbound of that effort was Congress’ enactment mitted to the Congress within 90 days, and all-cargo aircraft from outside the United of the PATRIOT Act which, in title III, for other purposes) States that intelligence sources indicate strengthened U.S. laws to stop money At the appropriate place, insert the fol- could carry explosive, incendiary, chemical, laundering, foreign corruption, and ter- lowing: biological or nuclear devices. rorist financing. (2) An analysis of the potential for estab- SEC. ll. DEADLINE FOR COMPLETION OF CER- Even before the PATRIOT Act, we TAIN PLANS, REPORTS, AND ASSESS- lishing secure facilities along established MENTS. international aviation routes for the pur- had laws and regulations to stop (a) STRATEGIC PLAN REPORTS.—Within 90 poses of diverting and securing aircraft de- money laundering. In fact, since 1987, days after the date of enactment of this Act, scribed in paragraph (1). the Office of the Comptroller of the

VerDate jul 14 2003 05:10 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.065 S04PT1 S10356 CONGRESSIONAL RECORD — SENATE October 4, 2004 Currency, OCC, has required nationally report released by my staff in July of efforts. I thank my colleagues on both chartered banks to establish anti- this year support that recommendation sides of the aisle for supporting this money laundering programs to ensure and offer a detailed legislative record amendment. the banking system is not misused by demonstrating the need for new meas- A brief section-by-section expla- criminals. The PATRIOT Act was in- ures to further strengthen federal over- nation of the amendment follows. tended to build on that existing foun- sight of the antimoney laundering pro- Subsection (a) directs the Treasury dation to further strengthen our de- grams at our financial institutions. Department to prepare a report within fenses against money launderers. The Levin-Coleman amendment 6 months evaluating the current state Our investigation found that Riggs would strengthen U.S. anti-terrorist fi- of U.S. efforts to curtail the inter- Bank ignored its antimoney laundering nancing efforts in two ways. First, it national financing of terrorism. The re- obligations before the PATRIOT Act, would require the President, through port is required to address the effec- and continued to ignore them after- the Treasury Secretary, to take a hard tiveness and efficiency of current Fed- ward. We found that the bank didn’t look at the current state of U.S. efforts eral programs to detect, track, disrupt, get serious in part because, in the past, to combat terrorist financing and issue and stop terrorist financing; the rela- when bank regulators pointed out prob- a report in 6 months with recommenda- tionship between terrorist financing lems with Riggs’ antimoney laundering tions for reforms. One of the most im- and money laundering; the nature, ef- controls, if the bank promised to do portant issues to be addressed is im- fectiveness and efficiency of current ef- better, the regulators let it go. The proving our process for setting prior- forts to coordinate intelligence and regulators tolerated the bank’s weak ities and coordinating U.S. agency ef- agency operations related to terrorist antimoney laundering program, contin- forts to detect, track, disrupt, and stop financing, including identifying which ued to accept excuses when deficiencies terrorist financing. It is far from clear agency official, if any, has primary re- were not corrected, and continued to today, when it comes to combating ter- sponsibility to develop priorities, as- hold off on tough enforcement meas- rorist financing, what U.S. agency offi- sign tasks to agencies and monitor the ures. cial, if any, has primary responsibility implementation of policy and oper- We were particularly surprised to for developing priorities, assigning ations related to terrorism; the effec- learn that the OCC examiner-in-charge tasks to agencies, and monitoring the tiveness and efficiency of efforts to who oversaw Riggs Bank for 4 years, implementation of policy and oper- protect the critical infrastructure of from 1998 to 2002, appeared to function ations. the U.S. financial system; ways to im- at times as more of an advocate for the Secondly, the amendment would im- prove the effectiveness of financial in- bank than an arms-length regulator. pose a 1-year cooling off period before a stitutions; ways to improve multilat- The investigation found, for example, senior Federal examiner may take a eral and international governmental that in 2001, the examiner-in-charge ad- job with a financial institution that he cooperation on terrorist financing; and vised more senior OCC personnel or she was responsible for overseeing. recommendations for reforms. against taking a formal enforcement This cooling off period is similar to one Subsection (b) imposes a 1-year cool- action against Riggs for its lax already in place for Federal procure- ing off period on senior examiners at antimoney laundering program, be- ment officials under 41 U.S. 423(d). the OCC, Federal Reserve Banks, Fed- cause the bank had promised to do bet- Members of Congress, Congressional eral Deposit Insurance Corporation, Of- ter. In 2002, after subordinate exam- staff, and many other Federal employ- fice of Thrift Supervision, and National iners had uncovered troubling trans- ees already operate under cooling off Credit Union Administration before a actions and bank accounts involving periods, which have been in place for senior examiner can take a job at a fi- Augusto Pinochet, the former Presi- years and have had a beneficial effect. nancial institution that he or she dent of Chile, and actions by Riggs to Our amendment would apply a new oversaw. The subsection does so by es- hide those accounts from the OCC for 2 cooling off period to senior federal tablishing a new subsection (k) in the years, the examiner-in-charge ordered bank examiners like the OCC examiner statutes applicable to these agencies. the examination materials not to be in- who oversaw Riggs. The new subsection (k) contains lan- cluded in the OCC’s electronic data- John D. Hawke, Jr., U.S. Comptroller guage that was drawn from two sets of base, even though such materials are of the Currency and head of the OCC, postemployment provisions now in the normally placed in that database. The which served as the primary regulator federal code, the provisions in section examination materials were instead of Riggs, has expressed strong support 207 of title 18 applicable to a variety of saved in paper form, making it much for legislation imposing a 1-year cool- senior federal employees and the provi- more difficult for subsequent exam- ing off period for senior Federal exam- sions in section 423(d) of title 41 appli- iners to learn about the Pinochet ex- iners, stating in a memorandum to cable to senior Federal procurement of- amination. About a month after giving OCC staff that ‘‘when an OCC exam- ficials. For example, the new sub- this order, that same Examiner-in- iner, with no break in continuity, section (k) draws on the ‘‘knowing’’ Charge was offered a job at Riggs. He takes employment with a bank he or standard used in the section 207 provi- later retired from the OCC and 3 days she has been supervising, there are in- sions, and the ‘‘compensation’’ lan- after retiring, took a senior position evitably questions that will be asked guage that appears in section 423(d). with Riggs. and suspicions raised.’’ He apparently The new subsection (k) is intended to These actions—advising against a wanted to impose a cooling off period apply only to senior examiners who formal enforcement action, suppressing on OCC examiners 4 years ago but was have a meaningful relationship with a the Pinochet examination materials, advised that he lacked the statutory financial institution, such as an exam- and accepting a job offer at the bank authority to do so. The report released iner-in-charge or a senior examiner he regulated, among others—raise seri- by my subcommittee staff in July also with dedicated responsibility to over- ous conflict of interest concerns. Fed- recommends enacting a 1-year cooling see a particular institution. It is not eral bank examiners are our first line off period for bank examiners. Similar intended to apply to less senior exam- of defense against money laundering legislation, introduced in the House of iners who may examine or inspect doz- and terrorist financing at U.S. banks, Representatives by Rep. LUIS GUTIER- ens of financial institutions in a single and we can’t allow their independence REZ, D–Ill., and Rep. SUE KELLY, R–NY, year without developing a sustained re- to be undermined by the lure of a job was recently approved by the House Fi- lationship with any one institution. It at the banks they oversee. nancial Services Committee for inclu- is also not intended to apply to persons The 9/11 Commission report notes the sion in the House intelligence reform holding supervisory positions that do important role that stopping terrorist bill. not involve routine interactions with financing plays in our The Levin-Coleman amendment an institution for purposes of exam- counterterrorism efforts. It explicitly would close the revolving door and ining or inspecting the institution’s recommends that U.S. antiterrorist fi- eliminate potential and actual con- books or operations. The provision may nancing programs remain ‘‘front and flicts of interest for our federal exam- apply to more than one senior exam- center in U.S. counterterrorism ef- iners. It would also provide a fresh look iner at the same financial institution, forts.’’ Subcommittee hearings and a at our country’s antiterrorist financing and is not limited to examiners with an

VerDate jul 14 2003 05:10 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.139 S04PT1 October 4, 2004 CONGRESSIONAL RECORD — SENATE S10357 office at the site of the financial insti- mend her diligence in expanding our across the Potomac at the Pentagon, tution or to examiners who spend 100 investigation and look forward to the but has also been an obstacle to other percent of their time on a single insti- results of her investigation. emergencies. In March 2002, I chaired tution. Equally disturbing, PSI’s investiga- an Environment and Public Works Each Federal banking agency is di- tion demonstrated that Federal bank- Committee hearing to address the rected to issue rules, regulations, and ing regulators took far too long to im- budget needs of FEMA. At the hearing, guidance to delineate the personnel to plement proper controls and procedures then-Director Joe Allbaugh testified which this postemployment restriction to identify, monitor, and combat that: applies. Each agency head also has au- money laundering, suspicious activity, This problem of limited interoperability is thority, on a case-by-case basis, to and terrorist financing. In particular, I especially frustrating in the area of commu- waive the postemployment restriction was troubled by the actions of a former nications. While at Ground Zero for several for a particular individual if the waiver senior bank examiner of Riggs Bank days, I personally witnessed first responders would not hurt the integrity of the who began to work for Riggs Bank im- passing notes, handwritten notes, back and forth to one another as the most reliable, ef- agency’s supervisory program. It is in- mediately after retiring from the Of- fective means of communication. On Sep- tended that the agency head issue fice of Comptroller of the Currency. tember 11 and in other emergency situations, these waivers personally, without dele- Prior to leaving Riggs Bank, this ex- seamless communication interoperability gating the waiver authority to another aminer apparently limited findings of would have saved lives. official, to ensure careful usage. accounts owned by Augusto Pinochet Today, more than 3 years after the The new subsection (k) authorizes contrary to established policies. Upon attacks of September 11, the Senate is two types of penalties for senior exam- taking employment at Riggs Bank, still debating the issues of interoper- iners who violate the 1-year cooling off this former examiner attended numer- ability and sufficient communications period. These two penalties are in addi- ous meetings with bank regulators capabilities. tion to any other administrative, civil, such that the potential for undue influ- Interoperability is not only an issue or criminal remedy or penalty that ence was less than to be desired. during times of extreme national dis- may be available to the United States Certain provisions of this legislation tress, whether brought on by a ter- or any other person for the same con- will close the revolving door between rorist attack or a natural disaster. On duct. The first penalty is an industry- senior examiners and the financial in- August 19, 1997, residents and police of- wide employment ban which requires stitutions they examine, by requiring a ficers from northern Vermont and New the relevant agency to remove the af- cooling off period of 1 year before tak- Hampshire were faced with tragedy fected individual from the financial in- ing employment at the financial insti- when Carl Draga began a shooting stitution and prohibit them from em- tutions they previously regulated. spree, killing four and wounding three ployment at any insured financial in- In a post-9/11 world, we need to en- others, before being killed in an stand- stitution for up to 5 years. The second sure that financial institutions and off with police. Throughout that sad penalty authorizes the agency to im- Federal banking regulators uphold day, officers from the Vermont and pose a civil monetary fine on the indi- Federal banking statutes, including New Hampshire State Police and a New vidual of up to $250,000. This fine would the Bank Secrecy Act and the Patriot Hampshire Fish and Game warden have to be imposed either in a Federal Act. This legislation will maintain the chased Draga across the Connecticut court proceeding or in an administra- separation between Federal banking River from New Hampshire to Vermont tive proceeding that accords with the regulators and financial institutions. and back again to New Hampshire. agency’s administrative rules for im- Given our concern for terrorist financ- Compounding the difficulty of pursuing posing civil monetary penalties. The ing, and our heavy reliance on the in- a fugitive across State lines, was the provision also authorizes the Attorney tegrity of the financial system, reduc- lack of interoperability between the General to impose a civil monetary ing the potential of harm is necessary departments. Communications were penalty if an agency does not, but pro- because the stakes are too high if prob- hampered by the technical limitations hibits both from doing so. lems go uncorrected. I hope my col- of the radios and other equipment. The requirement for a 1-year cooling leagues will all join me in support of Last week, the Senate unanimously off period is intended to become effec- this amendment. adopted amendments that will provide tive one year after the date of the en- Mr. JEFFORDS. Mr. President, on for a higher priority for public safety actment of this act, whether or not any the morning of September 14, 2001, I in terms of Spectrum allocation. My agency issues implementing regula- toured the Pentagon with officials amendment will further address the tions to carry out the act’s require- from the Federal Emergency Manage- needs of first responders. My amend- ments. ment Agency, FEMA. I was so im- ment will establish National Interoper- Mr. COLEMAN. Mr. President, first pressed, that on the morning of Sep- ability Standards and a National Inter- of all, I thank Chairman COLLINS and tember 11, in the hours following an operability Implementation Plan to ranking Member Senator LIEBERMAN, unspeakable tragedy, first responders put those standards into place. Specifi- for their diligence and hard work on and rescue workers from different de- cally, the Department of Homeland Se- the National Intelligence Reform bill. I partments were able to work as one curity, DHS, will, no later than 1 year would like to say a few words on the great team to extinguish the fires, to after the enactment of this bill, adopt Levin-Coleman amendment on ter- help the injured, and to save lives. This interoperability goals and standards to rorist financing. Without question, fi- first impression only tells half of the fully assess and evaluate the technical nancial institutions are vital to our real story. In actuality, the bravery needs of first responders for more rou- economy. Unfortunately, banks can and selflessness of the firefighters, tine operations and for catastrophic also be used as conduits for terrorist fi- emergency medical technicians, and events like those we suffered on Sep- nancing and money laundering. police officers were hindered by a lack tember 11, 2001. After those goals and In July, 2004, as chairman of the Per- of interoperability between their com- standards are developed, the DHS will manent Subcommittee on Investiga- munications systems. I spoke with create an implementation plan, and tions, I held a hearing on suspicious fi- workers at the Pentagon who experi- will report to the Congress on its plan nancial activity in accounts handled by enced this limitation firsthand. It’s in- and its progress. This will ensure that Riggs Bank. The subcommittee uncov- conceivable to me that members of fire as the Federal Government, States, ered clear evidence of poor bank com- departments and emergency agencies and localities spend money on inter- pliance and lax oversight regarding from Fairfax and Arlington Counties, operability, we will all be working in Federal laws, designed to protect the the District of Columbia, and Mont- the same direction, toward one set of integrity of the international financial gomery County were held back because goals, with measurable results. system. of equipment incompatibility. My amendment also requires that the Chairman COLLINS is currently look- The lack of adequate communica- DHS establish a means of coordinating ing at certain Saudi Arabian accounts tions equipment was not only an un- international interoperability. For that may have benefited two of the necessary impediment to response op- States like Vermont, which share an September 11, 2001 hijackers. I com- erations in and among units on duty international borer, it is imperative

VerDate jul 14 2003 05:10 Oct 05, 2004 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.140 S04PT1 S10358 CONGRESSIONAL RECORD — SENATE October 4, 2004 that first responders in both nations serves as escorts at military burials at Lakota Nation, the last surviving communicate with each other. Arlington Cemetery. Instead, Brown Lakota code talker. I had the honor of We must be prepared for the future, chose to go to Iraq with men from his presenting Clarence with a framed copy and we must give our first responders battalion in South Korea. On Sep- of a recent Senate floor speech I deliv- the tools they need to perform their tember 28, at Arlington Cemetery, the ered that was submitted to the CON- duties. My amendment will give the Old Guard that he was to join honored GRESSIONAL RECORD in Lakota, mark- DHS the direction and authority to Tyler Brown at his gravesite. ing the first time a Native American make our country safer. Tyler Brown was a great American, a language has been memorialized in the great soldier, a great leader, and an f RECORD. outstanding young man. He and his Like the National Museum of the MORNING BUSINESS comrades in Iraq deserve our deepest American Indian, and the legacy of the Ms. COLLINS. Mr. President, I ask gratitude and respect as they go about code talkers, the He Sapa Wacipi is a unanimous consent that there now be a the extraordinarily challenging, impor- living testament to the tribal nations period of morning business for debate tant job of rebuilding a country, which of the Great Plains. It brings people only with Senators speaking for up to will result in freedom and prosperity from across North America, young and 10 minutes each. for million of Iraqis. I join with Tyler’s old, Indian and non-Indian, together to The PRESIDING OFFICER. Without family, friends, and fellow soldiers in celebrate life through song and dance. objection, it is so ordered. mourning his loss and want them to It is a chance for old friends to see one know that Tyler’s sacrifice will not be another, and for new ones to be made. f lost or forgotten, but will truly make a The art show gives Native American HONORING OUR ARMED SERVICES difference in the lives of the Iraqi peo- artists the opportunity to showcase ple. their talent, and there are various FIRST LIEUTENANT TYLER HALL BROWN f other activities, including traditional Mr. CHAMBLISS. Mr. President, I hand-game tournaments, contemporary HE SAPA WACIPI rise today to honor United States Native American music concerts, and Army 1LT Tyler Hall Brown, who was Mr. DASCHLE. Mr. President, I take activities targeted to the youth. It is killed proudly fighting for his country this opportunity to let my Senate col- more than just a dance; it is a modern in Iraq on September 14, 2004. An Air- leagues know about a wonderful event expression of the traditional values of borne Ranger and ROTC graduate from going on back in my home state of respect, honor, devotion to family, and Atlanta, GA, Tyler was 26 years old. South Dakota later this week. For 3 patriotism that so many of our tribal Tyler was born on May 27, 1978, in At- days starting on Friday, October 8, the nations have embodied throughout his- lanta. He attended Woodward Academy 18th Annual He Sapa Wacipi (Black tory. and was senior class president, where Hills Powwow) and Fine Arts Show will For my part, I am sorry that my his classmates considered him a ‘‘poli- be taking place in the beautiful Black schedule keeps me from attending such tician in the making.’’ Hills, traditional homeland of the a wonderful event. But I am proud to Tyler Brown then attended the Geor- Oceti Sakowin Oyate, or Great Sioux officially acknowledge and honor all gia Institute of Technology where he Nation. I can think of no better way, or those participating in the He Sapa was student body president of the Class place, to celebrate life and the vibrant Wacipi. of 2001 and a cadet in the Army ROTC cultures of the bands of the Oceti program. Tyler graduated with dual Sakowin Oyate, and of the many other f bachelor of science degrees in manage- tribal nations who live throughout the TRIBUTE TO DR. BEVERLY ment and in history, society and tech- Great Plains. nology. After being commissioned as I also want to take this opportunity KEEPERS an Army Officer, he was assigned to to congratulate the tribal citizens of Mr. MCCONNELL. Mr. President, I the 2nd Infantry Division—Camp the Oceti Sakowin Oyate, the board of rise today to pay tribute to a special Hovey, in Tongduchon City, Korea. directors of the Black Hills Powwow and valued educator in my hometown From Korea, he deployed to Iraq early Association, the organizers and event of Louisville, KY, Dr. Beverly Keepers. last month with his unit, C Company, staff, and the all those participating in Dr. Keepers has devoted her time and 1st Battalion, 9th Infantry Regiment, the Wacipi. energy for the past 34 years to the edu- 2nd Infantry Division. He was killed by In Washington on September 21, 2004, cational growth of the Common- small arms fire when his unit was at- we celebrated the opening of the Na- wealth’s youth. tacked by insurgents in the Iraqi town tional Museum of the American Indian. Dr. Keepers is a native of Shively, of Ar Ramadi, Iraq, 70 miles west of The events associated with the muse- KY where she attended McFerren Ele- Baghdad. um’s dedication marked the first time mentary and graduated from Western Lieutenant Brown was slain by a in history that so many people from High school. Following high school, she sniper as he led a reconnaissance patrol throughout the Western Hemisphere entered Western Kentucky University in an Iraqi town infested with insur- have gathered to celebrate a museum and earned a Bachelor of Arts Degree gents. Mortally wounded by the snip- dedicated solely to their historic con- in English with minors in theatre arts er’s shot, Lieutenant Brown was able tributions to humankind, their many and education. With her degree in to give a warning to his men, which struggles for survival, and their hand, she started her career at Butler prevented any others from being hit. present-day accomplishments and life- High School teaching English, theater, Though he was wearing upper body ways. Featured prominently in the mu- journalism, and photography. armor, he was hit in the upper thigh seum and accompanying celebrations Dr. Keepers’ many talents in the where a tourniquet could not stop the were the tribal nations of the Great classroom were recognized and in 1988 bleeding. Plains. she accepted the assistant principal po- His unit had deployed from Korea in The opening week of the museum was sition at Southern High School. One early September and had been in Iraq also historic because the Senate Com- year later she became the principal at only two weeks when Tyler was killed. mittee on Indian Affairs held an over- the Youth Performing Arts School, Tyler’s company commander, CPT sight hearing on the contributions of YPAS, in Louisville. While this posi- Daniel Gade, made the following com- Native American code talkers in World tion was challenging in and of itself, ments: ‘‘Tyler was the finest officer War I, the Korean War, and World War Dr. Keepers was offered a second I’ve ever known . . . he loved his men, II. There have been code talkers from principalship at Louisville’s duPont and they loved him in return.’’ at least 17 tribes, the Lakota, Dakota, Manual High School. She accepted the It is certainly ironic that Lieutenant and Nakota among them. As a cospon- offer and became the first woman in Brown had been approved for service in sor of legislation that would honor all higher administration in Manual’s his- the Army’s famous 3rd Infantry Regi- Native American code talkers, I was es- tory. In the fall of 1991, she began her ment, known as the Old Guard, which pecially proud to have met and visited dual roles as principal at two different guards the Tomb of the Unknowns and with Clarence Wolf Guts, of the Oglala schools, and hit the ground running.

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